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Defendants reside in this judicial district by virtue of their business activities in this district and have committed acts of infringement or of contributory infringement and inducement of infringement within this judicial district. THE PARTIES 3. Mr. Bennett is an individual, owner of U.S. Patent No. 5,599,000 (the 000

Patent) and is a resident of Santa Clarita, Los Angeles County, California. 4. On information and belief, Defendant Safe-T-Proof Disaster Preparedenss

Company Inc. (Safe-T-Proof) is a California corporation with its principal place of business at 6805 Nancy Ridge Drive, San Diego, CA 92121. Safe-T-Proof has appointed Michael L Essrig as its agent for service of process. 5. On information and belief, Defendant Essrig Taylor Construction, Inc.

(Essrig) is a California corporation with its principal place of business at 6650 Lusk Blvd., Ste. B205, San Diego, CA 92121. Essrig has appointed Michael L Essrig as its agent for service of process. FACTUAL BACKGROUND 6. On February 4, 1997, the United States Patent and Trademark Office duly and

legally issued the 000 Patent, for an invention entitled Article Securing Device with Mr. Bennett named as sole inventor. A true and correct copy of the 000 Patent is attached as Exhibit A and incorporated here by reference. 7. 8. The 000 Patent is currently in full force and effect. All rights, title, and interest in the 000 Patent are owned by Mr. Bennett. FIRST CLAIM FOR RELIEF AGAINST DEFENDANTS FOR IFNRINGEMENT OF U.S. PATENT NO. 5,599,000 9. Plaintiff incorporates and re-alleges Paragraphs 1-8 of the Complaint as

though fully set forth here. 10. On information and belief, Defendants have been and continue to infringe,

both literally and/or under the doctrine of equivalents, the 000 Patent by making, using, 2
COMPLAINT

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importing, selling, and/or offering to sell in the United States, including this district, products covered by the 000 Patent. Examples of such products include, but are not limited to, the Safe-T-Proof Earthquake Fastening System and Equipment Fasteners, that infringe at least claim 1 of the 000 Patent. 11. On information and belief, Defendants contribute to and induce others, such

as Defendants customers, to infringe, both literally and/or under the doctrine of equivalents, by their making, using, importing, selling, and/or offering to sell in the United States, including this district, products covered by the 000 Patent. Examples of such products include, but are not limited to, the Safe-T-Proof Earthquake Fastening System and Equipment Fasteners, that infringe at least claim 1 of the 000 Patent. These Fasteners are especially made and/or especially adapted for use in infringing the 000 patent and are not a staple article or commodity of commerce suitable for substantial noninfringing use. 12. Defendants are liable for infringement of the 000 Patent pursuant to 35

U.S.C. 271. 13. Upon information and belief, Defendants have had knowledge of the 000

Patent from at least May 31, 2001, and have had knowledge of their infringement of the 000 Patent, yet continued to infringe. Defendants willfully and deliberately infringed the 000 Patent entitling Mr. Bennett to increased damages under 35 U.S.C. 284, and to attorneys fees and costs incurred in prosecuting this action under 35 U.S.C. 285. 14. Mr. Bennett has been damaged by the infringement and/or inducement of

and/or contributory infringement of its patent by Defendants and will continue to be damaged by such infringement or inducement of and/or contributory infringement unless enjoined by the Court. 15. Unless a preliminary and permanent injunction are issued enjoining

Defendants and their officers, agents, servants and employees, and all others acting on their behalves or in concert with Defendants, from infringing the 000 Patent, Mr. Bennett will be greatly and irreparably harmed. 3
COMPLAINT

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 21, 2012 1.

PRAYER FOR RELIEF WHEREFORE, Mr. Bennett prays for judgment against Defendants as follows: For a judicial determination and declaration that Defendants have directly

infringed, and continues to directly infringe, the 000 Patent; 2. For a judicial determination and declaration that Defendants have induced, and

continues to induce, infringement of the 000 Patent; 3. For a judicial determination and declaration that Defendants have

contributorily infringed, and continues to contributorily infringe, the 000 Patent; 4. For preliminary and permanent injunctions prohibiting Defendants, their

respective subsidiaries, officers, agents, servants, employees, licensees, and all other persons or entities acting or attempting to act in active concert or participation with them or acting on their behalf, from infringing the 000 Patent; 5. For an order that Defendants pay to Mr. Bennett all damages arising out of

Defendants infringement, or inducement of, and/or contributory infringement in accordance with 35 U.S.C. Section 284, together with pre-judgment and post-judgment interest; 6. For a judicial determination that this case is exceptional under 35 U.S.C.

Section 285 and that Defendants be ordered to pay Mr. Bennetts costs, expenses, and reasonable attorneys fees under 35 U.S.C. Sections 285 or as otherwise permitted by law; 7. 8. For an award of damages according to proof; and For such other relief as justice requires.

ONE LLP

John E. Lord Esq. Attorneys for Plaintiff Terry Bennett

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COMPLAINT

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DEMAND FOR JURY TRIAL Plaintiff, Mr. Bennett hereby demands trial by jury in this action.

ONE LLP

John E. Lord, Esq. Attorneys for Plaintiff Terry Bennett

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COMPLAINT

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