IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION MATTRESS SAFE, INC., Plaintiff, v. J. T.

EATON & CO., INC.; Defendant. Civil Action File No.:

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JURY TRIAL DEMANDED

COMPLAINT Plaintiff Mattress Safe, Inc. (Mattress Safe) states its Complaint against Defendant J. T. Eaton & Co., Inc. (Defendant or Eaton), as follows: JURISDICTION AND VENUE 1. This is an action for patent infringement arising under the patent laws

of the United States, Title 35, United States Code. 2. This Court has subject matter jurisdiction over all causes of action set

forth herein pursuant to 28 U.S.C. 1331 and 1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. 1 et seq. 3. Venue is proper in this judicial district and division pursuant to 28

U.S.C. 1391(b) and (c) and 1400(b) in that the Defendant has done business in this District, has committed acts of infringement in this District, and continues to commit acts of infringement in this District, entitling Mattress Safe to relief.

PARTIES 4. Mattress Safe is the owner, by assignment, of all right, title, and

interest in and to United States Patent No. 7,849,543, including the right to bring suit for patent infringement ( the 543 Patent). The 543 Patent may be referred to herein as the patent-in-suit. 5. Upon information and belief, Defendant Eaton is an Ohio corporation

with its principal place of business at 1393 East Highland Road, Twinsburg, Ohio 44087. Defendant Eaton may be served at the office of its Registered Agent, Ben Baker, at 1393 East Highland Road, Twinsburg, Ohio 44087. Upon information and belief, the Court has personal jurisdiction over Eaton. Eaton has continuous and systematic contacts within this judicial district by way of sales to residents of Georgia and/or Defendant Eaton has established sufficient minimum contacts with Georgia for this Court to have personal jurisdiction over Defendant Eaton. COUNT ONE: INFRINGEMENT OF U.S. PATENT NO. 7,849,543 6. Mattress Safe re-alleges and incorporates herein the allegations of

paragraphs 1 through 5 of this Complaint as if fully set forth herein. 7. On December 14, 2010, United States Patent No. 7,849,543 (the 543

Patent) was duly and legally issued for Encasement Systems. Mattress Safe holds all rights and interest in the 543 Patent. A true and correct copy of the 543
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Patent is attached hereto as Exhibit A. 8. Upon information and belief, Defendant has infringed directly and/or

indirectly and continues to infringe directly and/or indirectly at least claims 1 and 10 of the 543 Patent. The infringing acts include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of Defendants bedding products consisting of mattress protectors, box spring protectors, and encasement products with the Zipper Lock closure mechanism sold under the name Lock Up and/or Total Encasement. 9. The acts of infringement of the 543 Patent by Defendant have caused

damage to Mattress Safe, and Mattress Safe is entitled to recover from Defendant the damages sustained by Mattress Safe as a result of Defendants wrongful acts in an amount subject to proof at trial. 10. The infringement of Mattress Safes exclusive rights under the 543

Patent by Defendant will continue to damage Mattress Safe, causing irreparable harm, for which there is no adequate remedy at law, unless enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff Mattress Safe prays that the Court enter judgment in its favor and against Defendant Eaton as follows: A. That the Court enter judgment of infringement Defendant;

B.

That Defendant be ordered to pay damages adequate to compensate

Mattress Safe for its acts of infringement, pursuant to 35 U.S.C. 284; C. That the Court find that this case is exceptional and award Mattress

Safe its reasonable attorneys fees pursuant to 35 U.S.C. 285; D. That Defendant, its officers, agents, employees, and those acting in

privity with them, be permanently enjoined from further infringement, contributory infringement, and/or inducing infringement of the 543 Patent, pursuant to 35 U.S.C. 283; E. interest; F. and G. That Mattress Safe be granted such other and additional relief as the That Defendant be ordered to pay all costs associated with this action; That Defendant be ordered to pay prejudgment and post-judgment

Court deems just, equitable, and proper. DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38(b), Plaintiff Mattress Safe Corporation demands a trial by jury of all issues triable of right by a jury.

This 22nd day of May, 2012. Respectfully submitted, /s/ Cynthia J. Lee Cynthia J. Lee Georgia Bar No. 442999 Eric G. Maurer Georgia Bar No. 478199 THOMAS, KAYDEN, HORSTEMEYER & RISLEY, L.L.P. 400 Interstate North Parkway Suite 1500 Atlanta, Georgia 30339-5994 Telephone: (770) 933-9500 Facsimile: (770) 951-0933 Attorneys for Plaintiff Mattress Safe Corporation