IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

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1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PETER SAVENOK, PAUL SAVENOK AND ) SERGEY SAVENOK, ) ) COMPLAINT FOR PLAINTIFFS, ) PATENT INFRINGMENT ) VS. ) CIVIL ACTION NO. ) CLASSIC HERITAGE CORP., ) ) JURY DEMANDED DEFENDANT. ) COMPLAINT Plaintiffs Peter Savenok, Paul Savenok and Sergey Savenok complain of defendant Classic Heritage Corp. ( Classic Heritage ) and as claim for relief show as follows: NATURE OF LAWSUIT 1. This is a claim for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. 1338(a). PARTIES 2. Plaintiff Peter Savenok is an individual who lives at 1877 South Orchard Rd., Wheaton, IL Plaintiff Paul Savenok is an individual who lives at 102 East Farnham, Wheaton, IL

2 4. Plaintiff Sergey Savenok is an individual who lives at 441 N Park Boulevard #3B, Glen Ellyn, IL and works at 288 Commonwealth Drive, Carol Stream, IL, Plaintiffs Peter Savenok and Paul Savenok are the joint owners of the entire ownership interest of Royal Corinthian Inc. Plaintiffs Peter Savenok and Sergey Savenok are the joint owners of the entire ownership interest of Architectural Mall, Inc. 6. Defendant Classic Heritage is an Illinois corporation having a principal place of business at 128 Industrial Road, Addison, Illinois THE SAVENOK PATENTS 7. Plaintiff Peter Savenok is the assignee of, and owns all rights, title and interest in and to, and has standing to sue for past, present and future infringement of: United States Patent No. 6,491,287, entitled Method for Manufacture of a Balustrade of Synthetic Material and Apparatus Thereof, issued on Dec. 10, 2002 ( the 287 patent ) (Exhibit A); and United States Patent No. 6,841,108, entitled Method of Manufacturing a Balustrade of Synthetic Material, issued on Jan. 11, 2005 ( the 108 patent ) (Exhibit B) (collectively the Savenok Patents ). THE INFRINGEMENT 8. Defendant Classic Heritage has infringed claims of the Savenok patents through, among activities, the manufacture, use, offer for sale, sale, and/or distribution of products and services utilizing balustrade products that fall within the scope of claims of the Savenok patents. Accordingly, Classic Heritage has committed direct and/or contributory infringement, and/or has induced infringement, of the Savenok Patents pursuant to 35 U.S.C. 271(a)-(c). 2

3 VENUE 9. Venue is, therefore, proper in this judicial district pursuant to 28 U.S.C. 1391(b)-(d) and/or 1400(b). RELIEF REQUESTED 10. Infringement by the defendant has injured the Plaintiffs and they are entitled to recover damages adequate to compensate them for infringement of the Savenok Patents, pursuant to 35 U.S.C. 284, 285. Specifically, Plaintiffs seek lost profit damages as a result of injuries to Royal Corinthian, Inc. and Architectural Mall, Inc. If the infringement is found to be intentional and willful, then Plaintiffs will seek treble damages pursuant to 35 U.S.C Infringement by the defendant will continue to injure Plaintiffs until this Court enters an injunction prohibiting further infringement, and specifically enjoins further manufacture, sale, use and/or offer for sale of the infringing apparatus, equipment, and method of using same, as recited in Paragraphs 8, above, pursuant to 35 U.S.C

4 PRAYER FOR RELIEF WHEREFORE, Plaintiffs ask this Court to enter judgment against the defendant, and its subsidiaries, agents, servants, employees, attorneys and all persons in active concert or participation with the defendants, granting Plaintiffs the following relief: A. a judgment that defendant has directly and/or contributorily infringed and/or induced the infringement of the Savenok Patents; B. an award to Plaintiffs of such damages pursuant to 35 U.S.C. 284 that are adequate to compensate it for the defendant s infringement, the damages to be no less than a reasonable royalty; C. an award to Plaintiffs for lost profits due to injuries to the business interests of Royal Corinthian, Inc. and Architectural Mall, Inc.; D. a permanent injunction pursuant to 35 U.S.C. 283 prohibiting further infringement of the Savenok Patents; an award of treble damages pursuant to 35 U.S.C. 284 to the extent that the defendant s infringement, or any thereof, is ultimately found to be willful; E. an award to Plaintiffs of its reasonable attorney fees pursuant to 35 U.S.C. 285 upon a determination that this is an exceptional case justifying such fees; F. that the Court award prejudgment and postjudgment interest on all damages; G. that Plaintiffs recover all its costs of action; and H. for such other and further relief as this Court and/or a jury may deem proper and just. 4

5 DEMAND FOR JURY TRIAL Plaintiffs hereby demand that all issues herein be determined by a jury. DATED: September 8, 2009 Respectfully submitted, /s/ Michael P. Mazza Michael P. Mazza Illinois Bar No Dana L. Drexler Illinois Bar No Michael P. Mazza, LLC 686 Crescent Blvd. Glen Ellyn, Illinois Phone: (630) Fax: (630) mazza@mazzallc.com ATTORNEYS FOR PLAINTIFFS 5