UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION ______________________________________________________________________________ NATIONAL GRAPHICS,

, INC. Plaintiff, v. BRAX LTD. and DYNAMIC DRINKWARE LLC and CAPITOL CUPS, INC. and SERVICE LITHO-PRINT, INC. Defendants. ______________________________________________________________________________ COMPLAINT ______________________________________________________________________________ Plaintiff National Graphics, Inc. (NGI), for its complaint against Defendants Brax, Ltd. (Brax), Dynamic Drinkware LLC (Dynamic Drinkware), Capitol Cups, Inc. (Capitol Cup) and Service Litho-Print, Inc. (Service Litho) (collectively Defendants), alleges the following: Nature of Action 1. This is a civil action for patent infringement under The Patent Act, 35 Civil Action No. ________

U.S.C. 1-376, to prevent Defendants from further infringing NGIs U.S. Patent 7,136,185 (the 185 patent) entitled Corresponding lenticular imaging; U.S. Patent

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7,239,420 (the 420 patent) entitled Corresponding lenticular imaging; U.S. Patent 6,490,092 (the 092 patent) entitled Multidimensional imaging on a curved surface using lenticular lenses; U.S. Patent 6,635,196 (the 196 patent) entitled Molded articles having a surface bearing a lenticular image; U.S. Patent 5,488,451 (the 451 patent) entitled Method of producing multidimensional lithographic separations free of moir interference; U.S. Patent 5,617,178 (the 178 patent) entitled Method of producing multidimensional lithographic separations free of moir interference; and U.S. Patent 5,847,808 (the 808 patent) entitled Method of producing a multidimensional composite image (collectively the NGI patents). Jurisdiction and Venue 2. The district court has original jurisdiction over this action pursuant to 28

U.S.C. 1331 (federal question) and 1338(a) (action arising under any Act of Congress relating to patents and copyrights). 3. Upon information and belief, Defendants regularly conduct business in the

Eastern District of Wisconsin. Moreover, upon information and belief, Defendants actively market and sell products and services in this District, including but not limited to products and services that infringe the NGI patents. Accordingly, venue in this District as to Defendants is proper under 28 U.S.C. 1400(b) and/or 28 U.S.C. 1391(b) and (c). Jurisdiction as to Defendants is proper pursuant to Wis. Stat. 801.05(3) and/or Wis. Stat. 801.05(4). Parties 4. NGI is a Wisconsin corporation with its principal place of business at

12855 Lisbon Road, Brookfield, Wisconsin 53005. Among other things, NGI is engaged

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in the business of lenticular imaging. NGI is the assignee and current owner of the NGI patents. 5. Upon information and belief, Brax is a North Carolina corporation with its

principal place of business at 2002 Eastwood Road, Wilmington, North Carolina, 28403. Its registered agent is Peter Hexter, who has a registered agent address at 2002 Eastwood Road, Suite 202, Wilmington, North Carolina, 28403. 6. Upon information and belief, Dynamic Drinkware is a Wisconsin limited

liability company with its principal place of business in this District at 3555 Moser Street, Oshkosh, Wisconsin 54901. Its registered agent is Barry Johnson, who has a registered agent address at 3555 Moser Street, Oshkosh, Wisconsin 54901. 7. Upon information and belief, Capitol Cups is a Delaware corporation with

its principal place of business at 960 W. Veterans Blvd., Auburn, Alabama 36832. Its registered agent is Robert Abrams, who has a registered agent address at 960 W. Veterans Blvd., Auburn, Alabama 36832. 8. Upon information and belief, Service Litho is a Wisconsin corporation

with its principal place of business in this District at 50 W. Fernau Ave., Oshkosh, Wisconsin 54901. Its registered agent is Steve Elbing, who has a registered agent address at 50 W. Fernau Ave., Oshkosh, Wisconsin 54901. Background Facts 9. NGI is a leading innovator in the lenticular imaging industry. A lenticular

image imparts the illusion of depth and/or motion to a viewer. Generally speaking, the lenticular image is created by splicing together two or more images to form an interlaced image. The interlaced image is then combined with a lenticular lens through which the

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interlaced image is viewed. The combination of the interlaced image and the lenticular lens results in the illusion of depth and/or motion to a viewer. 10. NGI has developed and patented technology relating to many different

aspects of lenticular imaging, including printing interlaced images, aligning lenticular lenses with interlaced images, applying a lenticular image to a curved surface, and producing a molded article with a lenticular image. NGIs patented technology can be used to make numerous lenticular products, including drink-ware featuring lenticular images. 11. Brax specializes in the custom manufacture of various products, including

drink-ware and other products featuring lenticular images. Examples of lenticular cups that Brax offers for sale on its website <braxfundraising.com> are shown below:

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12.

Dynamic Drinkware is a full service manufacturer of in-mold labeled cups

and containers, including cups featuring lenticular images. An example of a lenticular cup that Dynamic Drinkware offers for sale on its website <dynamicdrinkware.com> is shown below:

13.

Capitol Cups is a leading supplier of drink-ware, including cups featuring

lenticular images. An example of a lenticular cup that Capitol Cups offers for sale on its website <capitolcups.com> is shown below:

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Service Litho is a printing company that offers lenticular printing services

and products. Service Lithos products include lenticular images that can be incorporated into various products, such as lenticular cups. As indicated on its website <www.servicelitho.com>, Service Litho has worked with Dynamic Drinkware to presumably create lenticular cups, such as the cups featured on Dynamic Drinkwares website. 15. Upon information and belief Brax, Dynamic Drinkware, Capitol Cups, and

Service Litho, in one combination or another, have cooperated to manufacture and sell products, including cups, featuring lenticular images, thereby infringing one or more of the NGI patents. COUNT I: Infringement of the 185 Patent (Brax, Dynamic Drinkware, Capitol Cups and Service Litho) 16. NGI restates and incorporates by reference the allegations in paragraphs 1

through 15 above. 17. Upon information and belief, Service Litho uses the patented methods of

the 185 patent to manufacture, offer to sell, and/or sell lenticular images in violation of 35 U.S.C. 271. 18. Upon information and belief, Brax sells and offers to sell lenticular

products incorporating lenticular images made using the patented methods of the 185 patent in violation of 35 U.S.C. 271. 19. Upon information and belief, Dynamic Drinkware uses lenticular images

made using the patented methods of the 185 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271.

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20.

Upon information and belief, Capitol Cups uses lenticular images made

using the patented methods of the 185 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 21. Upon information and belief, Service Litho continues to use infringing

methods and to sell its infringing lenticular images. 22. Upon information and belief, Brax continues to sell its infringing

lenticular products. 23. Upon information and belief, Dynamic Drinkware continues to use

infringing lenticular images to manufacture and sell drink-ware and other products. 24. Upon information and belief, Capitol Cups continues to use infringing

lencticular images to manufacture and sell drink-ware and other products. 25. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho have been and are willfully infringing the 185 patent. 26. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho will continue to infringe the 185 patent unless and until they are enjoined by a court. 27. The infringement by Brax, Dynamic Drinkware, Capitol Cups, and

Service Litho has caused and continues to cause irreparable harm to NGI, including, but not limited to, infringing upon NGIs rights in the 185 patent. 28. NGI has been damaged by Braxs, Dynamic Drinkwares, Capitol Cups,

and Service Lithos infringement of the 185 patent. 29. Braxs, Dynamic Drinkwares, Capitol Cups, and Service Lithos conduct

shows a lack of the required duty to avoid infringement of the 185 patent such that this is

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an exceptional case; therefore, NGI should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285. 30. Pursuant to 35 U.S.C. 284, NGI is entitled to enhanced damages for

infringement of the 185 patent, up to treble damages. 31. Pursuant to 35 U.S.C. 283, NGI is entitled to a preliminary and

permanent injunction against further infringement of the 185 patent. COUNT II: Infringement of the 420 Patent (Brax, Dynamic Drinkware, Capitol Cups and Service Litho) 32. NGI restates and incorporates by reference the allegations in paragraphs 1

through 31 above. 33. Upon information and belief, Service Litho uses the patented methods of

the 420 patent to manufacture, offer to sell, and/or sell lenticular images in violation of 35 U.S.C. 271. 34. Upon information and belief, Brax sells and offers to sell lenticular

products incorporating lenticular images made using the patented methods of the 420 patent in violation of 35 U.S.C. 271. 35. Upon information and belief, Dynamic Drinkware uses lenticular images

made using the patented methods of the 420 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 36. Upon information and belief, Capitol Cups uses lenticular images made

using the patented methods of the 420 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271.

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37.

Upon information and belief, Service Litho continues to use infringing

methods and to sell its infringing lenticular images. 38. Upon information and belief, Brax continues to sell its infringing

lenticular products. 39. Upon information and belief, Dynamic Drinkware continues to use

infringing lenticular images to manufacture and sell drink-ware and other products. 40. Upon information and belief, Capitol Cups continues to use infringing

lencticular images to manufacture and sell drink-ware and other products. 41. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho have been and are willfully infringing the 420 patent. 42. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho will continue to infringe the 420 patent unless and until they are enjoined by a court. 43. The infringement by Brax, Dynamic Drinkware, Capitol Cups, and

Service Litho has caused and continues to cause irreparable harm to NGI, including, but not limited to, infringing upon NGIs rights in the 420 patent. 44. NGI has been damaged by Braxs, Dynamic Drinkwares, Capitol Cups,

and Service Lithos infringement of the 420 patent. 45. Braxs, Dynamic Drinkwares, Capitol Cups, and Service Lithos conduct

shows a lack of the required duty to avoid infringement of the 420 patent such that this is an exceptional case; therefore, NGI should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285.

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46.

Pursuant to 35 U.S.C. 284, NGI is entitled to enhanced damages for

infringement of the 420 patent, up to treble damages. 47. Pursuant to 35 U.S.C. 283, NGI is entitled to a preliminary and

permanent injunction against further infringement of the 420 patent.

COUNT III: Infringement of the 092 Patent (Brax, Dynamic Drinkware, Capitol Cups and Service Litho)

48.

NGI restates and incorporates by reference the allegations in paragraphs 1

through 47 above. 49. Upon information and belief, Service Litho uses the patented methods of

the 092 patent to manufacture, offer to sell, and/or sell lenticular images in violation of 35 U.S.C. 271. 50. Upon information and belief, Brax sells and offers to sell lenticular

products incorporating lenticular images made using the patented methods of the 092 patent in violation of 35 U.S.C. 271. 51. Upon information and belief, Dynamic Drinkware uses lenticular images

made using the patented methods of the 092 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 52. Upon information and belief, Capitol Cups uses lenticular images made

using the patented methods of the 092 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 53. Upon information and belief, Service Litho continues to use its infringing

methods and to sell its infringing lenticular images.

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54. products. 55.

Upon information and belief, Brax continues to sell infringing lenticular

Upon information and belief, Dynamic Drinkware continues to use

infringing lenticular images to manufacture and sell drink-ware and other products. 56. Upon information and belief, Capitol Cups continues to use infringing

lencticular images to manufacture and sell drink-ware and other products. 57. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho have been and are willfully infringing the 092 patent. 58. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho will continue to infringe the 092 patent unless and until they are enjoined by a court. 59. The infringement by Brax, Dynamic Drinkware, Capitol Cups, and

Service Litho has caused and continues to cause irreparable harm to NGI, including, but not limited to, infringing upon NGIs rights in the 092 patent. 60. NGI has been damaged by Braxs, Dynamic Drinkwares, Capitol Cups,

and Service Lithos infringement of the 092 patent. 61. Braxs, Dynamic Drinkwares, Capitol Cups, and Service Lithos conduct

shows a lack of the required duty to avoid infringement of the 092 patent such that this is an exceptional case; therefore, NGI should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285. 62. Pursuant to 35 U.S.C. 284, NGI is entitled to enhanced damages for

infringement of the 092 patent, up to treble damages.

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63.

Pursuant to 35 U.S.C. 283, NGI is entitled to a preliminary and

permanent injunction against further infringement of the 092 patent.

COUNT IV: Infringement of the 196 Patent (Brax, Dynamic Drinkware, Capitol Cups and Service Litho)

64.

NGI restates and incorporates by reference the allegations in paragraphs 1

through 63 above. 65. Upon information and belief, Dynamic Drinkware uses the patented

methods of the 196 patent to manufacture, offer to sell, and/or sell lenticular products in violation of 35 U.S.C. 271. 66. Upon information and belief, Capitol Cups uses the patented methods of

the 196 patent to manufacture, offer to sell, and/or sell lenticular products in violation of 35 U.S.C. 271. 67. Upon information and belief, Brax sells and offers to sell lenticular

products made using the patented methods of the 196 patent in violation of 35 U.S.C. 271. 68. Upon information and belief, Service Litho contributorily infringes the

196 patent by supplying lenticular images that are used by Dynamic Drinkware and/or Capitol Cups to make products in violation of 35 U.S.C. 271. 69. Upon information and belief, Dynamic Drinkware continues to use the

infringing methods and to sell products made using methods that infringe the 196 patent. 70. Upon information and belief, Capitol Cups continues to use the infringing

methods and to sell products made using methods that infringe the 196 patent.

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71.

Upon information and belief, Service Litho continues supply lenticular

images to Dynamic Drinkware and Capitol Cups for use in the infringing methods of producing molded products. 72. Upon information and belief, Brax continues to sell lenticular products

made using methods that infringe the 196 patent. 73. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups and

Service Litho have been and are willfully infringing the 196 patent. 74. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups and

Service Litho will continue to infringe the 196 patent unless and until they are enjoined by a court. 75. Braxs, Dynamic Drinkwares, Capitol Cups and Service Lithos

infringement has caused and continues to cause irreparable harm to NGI, including, but not limited to, infringing upon NGIs rights in the 196 patent. 76. NGI has been damaged by Braxs, Dynamic Drinkwares, Capitol Cups,

and Service Lithos infringement of the 196 patent. 77. Braxs, Dynamic Drinkwares, Capitol Cups and Service Lithos conduct

shows a lack of the required duty to avoid infringement of the 196 patent such that this is an exceptional case; therefore, NGI should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285. 78. Pursuant to 35 U.S.C. 284, NGI is entitled to enhanced damages for

infringement of the 196 patent, up to treble damages. 79. Pursuant to 35 U.S.C. 283, NGI is entitled to a preliminary and

permanent injunction against further infringement of the 196 patent.

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COUNT V: Infringement of the 451 Patent (Brax, Dynamic Drinkware, Capitol Cups and Service Litho)

80.

NGI restates and incorporates by reference the allegations in paragraphs 1

through 79 above. 81. Upon information and belief, Service Litho uses the patented methods of

the 451 patent to manufacture, offer to sell, and/or sell lenticular images in violation of 35 U.S.C. 271. 82. Upon information and belief, Brax sells and offers to sell lenticular

products incorporating lenticular images made using the patented methods of the 451 patent in violation of 35 U.S.C. 271. 83. Upon information and belief, Dynamic Drinkware uses lenticular images

made using the patented methods of the 451 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 84. Upon information and belief, Capitol Cups uses lenticular images made

using the patented methods of the 451 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 85. Upon information and belief, Service Litho continues to use infringing

methods and to sell infringing lenticular images. 86. products. 87. Upon information and belief, Dynamic Drinkware continues to use Upon information and belief, Brax continues to sell infringing lenticular

infringing lenticular images to manufacture and sell drink-ware and other products.

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88.

Upon information and belief, Capitol Cups continues to use infringing

lencticular images to manufacture and sell drink-ware and other products. 89. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho have been and are willfully infringing the 451 patent. 90. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho will continue to infringe the 451 patent unless and until they are enjoined by a court. 91. The infringement by Brax, Dynamic Drinkware, Capitol Cups, and

Service Litho has caused and continues to cause irreparable harm to NGI, including, but not limited to, infringing upon NGIs rights in the 451 patent. 92. NGI has been damaged by Braxs, Dynamic Drinkwares, Capitol Cups,

and Service Lithos infringement of the 451 patent. 93. Braxs, Dynamic Drinkwares, Capitol Cups, and Service Lithos conduct

shows a lack of the required duty to avoid infringement of the 451 patent such that this is an exceptional case; therefore, NGI should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285. 94. Pursuant to 35 U.S.C. 284, NGI is entitled to enhanced damages for

infringement of the 451 patent, up to treble damages. 95. Pursuant to 35 U.S.C. 283, NGI is entitled to a preliminary and

permanent injunction against further infringement of the 451 patent.

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COUNT VI: Infringement of the 178 Patent (Brax, Dynamic Drinkware, Capitol Cups and Service Litho)

96.

NGI restates and incorporates by reference the allegations in paragraphs 1

through 95 above. 97. Upon information and belief, Service Litho uses the patented methods of

the 178 patent to manufacture, offer to sell, and/or sell lenticular images in violation of 35 U.S.C. 271. 98. Upon information and belief, Brax sells and offers to sell lenticular

products incorporating lenticular images made using the patented methods of the 178 patent in violation of 35 U.S.C. 271. 99. Upon information and belief, Dynamic Drinkware uses lenticular images

made using the patented methods of the 178 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 100. Upon information and belief, Capitol Cups uses lenticular images made

using the patented methods of the 178 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 101. Upon information and belief, Service Litho continues to use its infringing

methods and to sell infringing lenticular images. 102. products. 103. Upon information and belief, Dynamic Drinkware continues to use Upon information and belief, Brax continues to sell infringing lenticular

infringing lenticular images to manufacture and sell drink-ware and other products.

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104.

Upon information and belief, Capitol Cups continues to use infringing

lencticular images to manufacture and sell drink-ware and other products. 105. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho have been and are willfully infringing the 178 patent. 106. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho will continue to infringe the 178 patent unless and until they are enjoined by a court. 107. The infringement by Brax, Dynamic Drinkware, Capitol Cups, and

Service Litho has caused and continues to cause irreparable harm to NGI, including, but not limited to, infringing upon NGIs rights in the 178 patent. 108. NGI has been damaged by Braxs, Dynamic Drinkwares, Capitol Cups,

and Service Lithos infringement of the 178 patent. 109. Braxs, Dynamic Drinkwares, Capitol Cups, and Service Lithos conduct

shows a lack of the required duty to avoid infringement of the 178 patent such that this is an exceptional case; therefore, NGI should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285. 110. Pursuant to 35 U.S.C. 284, NGI is entitled to enhanced damages for

infringement of the 178 patent, up to treble damages. 111. Pursuant to 35 U.S.C. 283, NGI is entitled to a preliminary and

permanent injunction against further infringement of the 178 patent.

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COUNT VII: Infringement of the 808 Patent (Brax, Dynamic Drinkware, Capitol Cups and Service Litho)

112.

NGI restates and incorporates by reference the allegations in paragraphs 1

through 111 above. 113. Upon information and belief, Service Litho uses the patented methods of

the 808 patent to manufacture, offer to sell, and/or sell lenticular images in violation of 35 U.S.C. 271. 114. Upon information and belief, Brax sells and offers to sell lenticular

products incorporating lenticular images made using the patented method of the 808 patent in violation of 35 U.S.C. 271. 115. Upon information and belief, Dynamic Drinkware uses lenticular images

made using the patented method of the 808 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 116. Upon information and belief, Capitol Cups uses lenticular images made

using the patented method of the 808 patent to make and sell drink-ware and other products in violation of 35 U.S.C. 271. 117. Upon information and belief, Service Litho continues to use an infringing

method and to sell infringing lenticular images. 118. products. 119. Upon information and belief, Dynamic Drinkware continues to use Upon information and belief, Brax continues to sell infringing lenticular

infringing lenticular images to manufacture and sell drink-ware and other products.

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120.

Upon information and belief, Capitol Cups continues to use infringing

lenticular images to manufacture and sell drink-ware and other products. 121. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho have been and are willfully infringing the 808 patent. 122. Upon information and belief, Brax, Dynamic Drinkware, Capitol Cups,

and Service Litho will continue to infringe the 808 patent unless and until they are enjoined by a court. 123. The infringement by Brax, Dynamic Drinkware, Capitol Cups, and

Service Litho has caused and continues to cause irreparable harm to NGI, including, but not limited to, infringing upon NGIs rights in the 808 patent. 124. NGI has been damaged by Braxs, Dynamic Drinkwares, Capitol Cups,

and Service Lithos infringement of the 808 patent. 125. Braxs, Dynamic Drinkwares, Capitol Cups, and Service Lithos conduct

shows a lack of the required duty to avoid infringement of the 808 patent such that this is an exceptional case; therefore, NGI should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285. 126. Pursuant to 35 U.S.C. 284, NGI is entitled to enhanced damages for

infringement of the 808 patent, up to treble damages. 127. Pursuant to 35 U.S.C. 283, NGI is entitled to a preliminary and

permanent injunction against further infringement of the 808 patent.

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WHEREFORE, Plaintiff, National Graphics, Inc., demands judgment against Defendants Brax Ltd., Dynamic Drinkware LLC, Capitol Cups, Inc. and Service LithoPrint, Inc. as follows: A. That the defendants be preliminarily and permanently enjoined from manufacturing or selling any further products that infringe the 185, 420, 092, 196, 451, 178 and 808 patents. An award of plaintiffs actual damages. An award trebling or enhancing the damages found due to defendants willful infringement. That the defendants be ordered to turn over to plaintiff or alternatively to destroy any infringing lenticular products in their possession. An award of plaintiffs costs, including attorneys fees. Any other relief that the court may deem proper and just.

B. C. D. E. F.

JURY DEMAND Plaintiff National Graphics, Inc. demands a jury trial for all factual issues not admitted by the defendants.

Respectfully submitted,

Dated: November 2, 2012

s/Michael T. Griggs Michael T. Griggs John P. Fredrickson Attorney for National Graphics, Inc.

Boyle Fredrickson S.C. 840 N. Plankinton Avenue Milwaukee, WI 53203 Telephone: 414-225-9755 Facsimile: 414-225-9753

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