IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO DSW INC.

and DSW SHOE WAREHOUSE, INC. Plaintiffs, Vs. SHOE SHOW, INC., Defendant. COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiffs, DSW Inc. and DSW Shoe Warehouse, Inc., by their attorneys and for their Complaint, allege as follows: Jurisdiction and Venue 1. This is an action for patent infringement arising under the patent laws of the Case No. Judge Magistrate Judge

United States, Title 35, United States Code. Federal question jurisdiction is conferred pursuant to 28 U.S.C. 1331 and 1338(a). 2. Venue in this Court is based upon 28 U.S.C. 1391 and 1400(b). The Parties 3. Plaintiff DSW Inc. ("DSW") is an Ohio corporation having its principal place of

business at 810 DSW Drive, Columbus Ohio 43219. 4. Plaintiff DSW Shoe Warehouse, Inc. ("DSW Shoe") is a Missouri corporation

having a principal place of business at 810 DSW Drive, Columbus, Ohio 43219. DSW Shoe is a wholly-owned subsidiary of DSW, and DSW Shoe holds title to certain of the intellectual property of DSW.

5.

On information and belief, defendant Shoe Show, Inc. ("Shoe Show") is a North

Carolina corporation having its principal place of business at 2201 Trinity Church Road, Concord, North Carolina 28027. 6. On information and belief, Shoe Show operates stores under the names "Show

Show", "Shoe Dept." and "Shoe Dept. Encore". Shoe Show operates stores, including in this judicial district, using the infringing footwear displays identified below. COUNT I Infringement Of United States Patent No. 6,948,622 7. The allegations of paragraphs 1-6 are incorporated by reference as though fully

set forth herein. 8. On September 27, 2005, United States Patent No. 6,948,622, entitled "Modular

Footwear Display and Storage System and Method" was duly and legally issued to DSW Shoe (hereinafter "the '622 patent"), and since that date, DSW Shoe has been the owner of the '622 patent. A copy of the '622 patent is attached hereto as Exhibit 1. 9. On information and belief, Shoe Show has infringed and currently is infringing

one or more claims of the '622 patent through the manufacture and/or use of certain footwear displays installed in one or more of the Shoe Show stores, including in Shoe Dept. Encore stores in Strongsville, Ohio, and Richmond Heights, Ohio, which are in this judicial district. 10. On information and belief, the acts of infringement complained of herein are

being carried out willfully and with full knowledge by Shoe Show of the '622 patent. 11. As a result of the actions of Shoe Show, DSW and DSW Shoe have suffered, and

continue to suffer, substantial injury, including irreparable injury, and will result in damages to DSW and DSW shoe, unless Shoe Show is enjoined by this Court.

WHEREFORE, DSW Inc. and DSW Shoe Warehouse, Inc. pray: A. That a judgment be entered that Shoe Show, Inc. has infringed United States

Patent No. 6,948,622. B. That Shoe Show, Inc., its agents, sales representatives, servants and employees,

associates, subsidiaries, successors and assigns, and any and all persons or entities acting at, through, under or in active concert or in participation with any or all of them, be enjoined and restrained preliminarily during the pendency of this action, and thereafter permanently, from infringing United States Patent No. 6,948,622. C. That a judgment be entered that Shoe Show, Inc. be required to pay over to DSW

Inc. and DSW Shoe Warehouse, Inc. all damages sustained by DSW Inc. and DSW Shoe Warehouse, Inc. due to such patent infringement and that such damages be trebled pursuant to 35 U.S.C. 284 for the willful acts of infringement complained of herein. D. That this case be adjudged and decreed exceptional under 35 U.S.C. 285

entitling DSW Inc. and DSW Shoe Warehouse, Inc. to an award of their reasonable attorney fees and that such reasonable attorney fees be awarded. E. That DSW Inc. and DSW Shoe Warehouse, Inc. be awarded their costs and

prejudgment interest on all damages. F. G. For the award to DSW Inc. and DSW Shoe Warehouse, Inc. of their costs of suit. For such other and further relief as the Court deems just and equitable.

JURY DEMAND Plaintiffs DSW Inc. and DSW Shoe Warehouse, Inc. hereby demand and request trial by jury of all issues that are triable by jury.

Respectfully submitted, DSW INC. DSW SHOE WAREHOUSE, INC. Dated: August 25, 2011 s/ Brett A. Schatz Theodore R. Remaklus (0061557) tremaklus@whepatent.com Brett A. Schatz (0072038) bschatz@whepatent.com WOOD, HERRON & EVANS, L.L.P. 441 Vine Street, 2700 Carew Tower Cincinnati, Ohio 45202-2917 Telephone: (513) 241-2324 Facsimile: (513) 241-6234