UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

GUNZE PLASTICS ENGINEERING CORPORATION OF AMERICA Plaintiff, v. LANDMARK TECHNOLOGY, LLC Defendant.

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Civil Action No. 12-2297-JTM-DJW JURY TRIAL DEMANDED

COMPLAINT Plaintiff Gunze Plastics Engineering Corporation of America (Gunze or Plaintiff), by and through their attorneys of record, hereby allege and state as follows: PARTIES 1. Plaintiff Gunze Plastics Engineering Corporation of America is a Kansas

corporation with its principal places of business at 1400 South Hamilton Circle, Olathe, KS 66061. 2. Upon information and belief, Defendant Landmark Technology, LLC is a

Texas Limited Liability Company with its principal place of business at 719 West Front Street, Suite 157, Tyler, TX 75702. JURISDICTION AND VENUE 3. The Claims asserted herein arise under the Patent Laws of the United

States, Title 35, United States Code, and include actions for declaratory judgment of noninfringement and patent invalidity under 28 U.S.C. 2201, 2202, and 1338(a).

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The Court has jurisdiction over these Claims pursuant to 28 U.S.C.

1331, 1338(a) and 2201. 5. Venue is proper in this Court under 28 U.S.C. 1391 and 1400(a) in that

a substantial part of the events or omissions giving rise to the alleged infringement occurred within this District and the notice received by Plaintiff regarding a purported patent infringement action was sent to and received by Plaintiff in this District. COUNT I DECLARATION OF NONINFRINGEMENT OF U.S. PATENT NO. 5,576,951 C1 6. Plaintiff refers to and incorporates by reference herein the allegations of

paragraphs 1-5 above. 7. An actual case or controversy and legal conflict exists between the parties

as to the scope, meaning, validity, enforceability, and infringement of U.S. Patent No. 5,576,951 C1 (the 951 Patent) within the meaning of 28 U.S.C. 2201. 8. By letter dated April 20, 2012, attached hereto as Exhibit A, Defendant

asserted that Plaintiff has infringed and is infringing the 951 Patent. Such an assertion has created a reasonable apprehension on the part of Plaintiff that Defendant intends to file suit against Plaintiff for patent infringement. 9. Plaintiff has not infringed and is not now infringing, either literally or

under the doctrine of equivalents, any of the claims of the 951 Patent. 10. 951 Patent. WHEREFORE, Plaintiff prays that this Court enter its declaratory judgment respecting the rights, remedies, and legal obligations of the parties to this lawsuit and specifically declare that: (a) Plaintiff has not infringed U.S. Patent No. 5,576,951 C1; (b) 2 Plaintiff is entitled to a judgment declaring that it has not infringed the

this case is exceptional within the meaning of 35 U.S.C. 285; and (c) Plaintiff be granted such other and further relief as this Court deems just and appropriate. COUNT II DECLARATION OF INVALIDITY OF U.S. PATENT NO. 5,576,951 C1 11. Plaintiff refers to and incorporates by reference herein the allegations of

paragraphs 1-10 above. 12. An actual case or controversy and legal conflict exists between the parties

as to the scope, meaning, validity, enforceability, and infringement of U.S. Patent No. 5,576,951 C1 (the 951 Patent) within the meaning of 28 U.S.C. 2201. 13. By letter dated April 20, 2012, attached hereto as Exhibit A, Defendant

asserted that Plaintiff has infringed and is infringing the 951 Patent. 14. Each of the claims of the 951 Patent are invalid for failure to comply with

one or more of the conditions of patentability under 35 U.S.C. 102, 103, and/or 112. 15. Plaintiff is entitled to a judgment declaring that the 951 Patent is invalid.

WHEREFORE, Plaintiff prays that this Court enter its declaratory judgment respecting the rights, remedies, and legal obligations of the parties to this lawsuit and specifically declare that: (a) U.S. Patent No. 5,576,951 C1 is invalid; (b) this case is exceptional within the meaning of 35 U.S.C. 285; and (c) Plaintiff be granted such other and further relief as this Court deems just and appropriate. COUNT III DECLARATION OF NONINFRINGEMENT OF U.S. PATENT NO. 6,289,319 C1 16. Plaintiff refers to and incorporates by reference herein the allegations of

paragraphs 1-15 above.

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An actual case or controversy and legal conflict exists between the parties

as to the scope, meaning, validity, enforceability, and infringement of U.S. Patent No. 6,289,319 C1 (the 319 Patent) within the meaning of 28 U.S.C. 2201. 18. By letter dated April 20, 2012, attached hereto as Exhibit A, Defendant

asserted that Plaintiff has infringed and is infringing the 319 Patent. Such an assertion has created a reasonable apprehension on the part of Plaintiff that Defendant intends to file suit against Plaintiff for patent infringement. 19. Plaintiff has not infringed and is not now infringing, either literally or

under the doctrine of equivalents, any of the claims of the 319 Patent. 20. 951 Patent. WHEREFORE, Plaintiff prays that this Court enter its declaratory judgment respecting the rights, remedies, and legal obligations of the parties to this lawsuit and specifically declare that: (a) Plaintiff has not infringed U.S. Patent No. 6,289,319 C1; (b) this case is exceptional within the meaning of 35 U.S.C. 285; and (c) Plaintiff be granted such other and further relief as this Court deems just and appropriate. COUNT IV DECLARATION OF INVALIDITY OF U.S. PATENT NO. 6,289,319 C1 21. Plaintiff refers to and incorporates by reference herein the allegations of Plaintiff is entitled to a judgment declaring that it has not infringed the

paragraphs 1-20 above. 22. An actual case or controversy and legal conflict exists between the parties

as to the scope, meaning, validity, enforceability, and infringement of U.S. Patent No. 6,289,319 C1 (the 319 Patent) within the meaning of 28 U.S.C. 2201.

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By letter dated April 20, 2012, attached hereto as Exhibit A, Defendant

asserted that Plaintiff has infringed and is infringing the 319 Patent. 24. Each of the claims of the 319 Patent are invalid for failure to comply with

one or more of the conditions of patentability under 35 U.S.C. 102, 103, and/or 112. 25. 951 Patent. WHEREFORE, Plaintiff prays that this Court enter its declaratory judgment respecting the rights, remedies, and legal obligations of the parties to this lawsuit and specifically declare that: (a) U.S. Patent No. 6,289,319 C1 is invalid; (b) this case is exceptional within the meaning of 35 U.S.C. 285; and (c) Plaintiff be granted such other and further relief as this Court deems just and appropriate. COUNT V DECLARATION OF NONINFRINGEMENT OF U.S. PATENT NO. 7,010,508 B1 26. Plaintiff refers to and incorporates by reference herein the allegations of Plaintiff is entitled to a judgment declaring that it has not infringed the

paragraphs 1-25 above. 27. An actual case or controversy and legal conflict exists between the parties

as to the scope, meaning, validity, enforceability, and infringement of U.S. Patent No. 7,010,508 B1 (the 508 Patent) within the meaning of 28 U.S.C. 2201. 28. By letter dated April 20, 2012, attached hereto as Exhibit A, Defendant

asserted that Plaintiff has infringed and is infringing the 508 Patent. Such an assertion has created a reasonable apprehension on the part of Plaintiff that Defendant intends to file suit against Plaintiff for patent infringement. 29. Plaintiff has not infringed and is not now infringing, either literally or

under the doctrine of equivalents, any of the claims of the 508 Patent. 5

30. 508 Patent.

Plaintiff is entitled to a judgment declaring that it has not infringed the

WHEREFORE, Plaintiff prays that this Court enter its declaratory judgment respecting the rights, remedies, and legal obligations of the parties to this lawsuit and specifically declare that: (a) Plaintiff has not infringed U.S. Patent No. 7,010,508 B1; (b) this case is exceptional within the meaning of 35 U.S.C. 285; and (c) Plaintiff be granted such other and further relief as this Court deems just and appropriate. COUNT VI DECLARATION OF INVALIDITY OF U.S. PATENT NO. 7,010,508 B1 31. Plaintiff refers to and incorporates by reference herein the allegations of

paragraphs 1-30 above. 32. An actual case or controversy and legal conflict exists between the parties

as to the scope, meaning, validity, enforceability, and infringement of U.S. Patent No. 7,010,508 B1 (the 508 Patent) within the meaning of 28 U.S.C. 2201. 33. By letter dated April 20, 2012, attached hereto as Exhibit A, Defendant

asserted that Plaintiff has infringed and is infringing the 508 Patent. 34. Each of the claims of the 508 Patent are invalid for failure to comply with

one or more of the conditions of patentability under 35 U.S.C. 102, 103, and/or 112. 35. 508 Patent. WHEREFORE, Plaintiff prays that this Court enter its declaratory judgment respecting the rights, remedies, and legal obligations of the parties to this lawsuit and specifically declare that: (a) U.S. Patent No. 7,010,508 B1 is invalid; (b) this case is Plaintiff is entitled to a judgment declaring that it has not infringed the

exceptional within the meaning of 35 U.S.C. 285; and (c) Plaintiff be granted such other and further relief as this Court deems just and appropriate. JURY TRIAL DEMAND Plaintiff hereby requests a jury trial on all issues so triable. WHEREFORE, Plaintiff prays that this Court specifically declare: (a) Plaintiff has not infringed and is not now infringing, either literally or

under the doctrine of equivalents, any of the claims U.S. Patent No. 5,576,951 C1, U.S. Patent No. 6,289,319 C1, or U.S. Patent No. 7,010,508 B1. (b) U.S. Patent No. 5,576,951 C1, U.S. Patent No. 6,289,319 C1, or U.S.

Patent No. 7,010,508 B1 are each invalid for failure to comply with one or more of the conditions of patentability of 35 U.S.C. 102, 103, and/or 112; (c) Finding this to be an exceptional case and awarding Plaintiff its reasonable

attorneys fees under 35 U.S.C. 285; and, (d) Award such other and further relief as this Court deems just and proper.

Dated: May 18, 2012

Respectfully submitted, LATHROP & GAGE LLP By: /s/ R. Cameron Garrison R. Cameron Garrison (KS # 21128) Travis W. McCallon (KS #21926) 2345 Grand Boulevard, Suite 2200 Kansas City, Missouri 64108-2684 Telephone: (816) 292-2000 Telecopier: (816) 292-2001 cgarrison@lathropgage.com tmccallon@lathropgage.com ATTORNEY FOR PLAINTIFF

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