IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Nifty Home Products, Inc.

Plaintiff, Civil No. _______________________ v. Vandue Corporation Defendant

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Nifty Home Products, Inc. (Nifty), for its Complaint against Defendant Vandue Corporation (Vandue) states and alleges as follows: PARTIES 1. 2. Plaintiff Nifty is a Minnesota corporation with its principal place of Defendant Vandue, on information and belief, is a California corporation JURISDICTION AND VENUE 3. 285. 4. 5. This Court has jurisdiction over the subject matter over Niftys federal This Court has personal jurisdiction over Defendant Vandue, as Vandue has claims by virtue of 28 U.S.C. 1331 and 1338(a) and (b). engaged in acts of patent infringement in the United States and in the District of Minnesota. Specifically, Vandue has purposely and intentionally subjected itself to the privileges of doing business in the State of Minnesota by placing its goods in the stream 1 This is a claim for patent infringement under 35 U.S.C. 271 and 281business in Madison Lake, MN. Nifty designs and sells a variety of kitchen accessories. doing business in San Diego, CA.

of commerce with the intent that they would be sold in Minnesota. Vandue has offered for sale and sold products in the State of Minnesota which infringe certain design patents owned by Nifty. Venue is proper under 28 U.S.C. 1391(b) and 1400(b), as Vandue has committed acts of infringement in this district. THE PATENTS-IN-SUIT 6. On or about March 10, 2009, Alan Hertaus filed an application for a design patent on a Coffee Pod Tree Carousel. On or about February 2, 2010, the United States Patent and Trademark Office duly granted U.S. Design Patent No. D609,057 (the 057 Patent) to Mr. Hertaus. Mr. Hertaus assigned the 057 Patent to Nifty. A copy of the 057 Patent is attached as Exhibit 1 to this Complaint. 7. On or about March 10, 2009, Frank Tiemann filed an application for a design patent on a Coffee Pod Carousel. On or about February 9, 2010, the United States Patent and Trademark Office duly granted U.S. Design Patent No. D609,533 (the 533 Patent) to Mr. Tiemann. Mr. Tiemann assigned the 533 Patent to Nifty. A copy of the 533 Patent is attached as Exhibit 2 to this Complaint. 8. On or about February 10, 2011, Frank Tiemann filed an application for a design patent on a Triple Tier Drawer for Holding Beverage Cartridges. On or about August 23, 2011, the United States Patent and Trademark Office duly granted U.S. Design Patent No. D643,686 (the 686 Patent) to Mr. Tiemann. Mr. Tiemann assigned the 686 Patent to Nifty. A copy of the 686 Patent is attached as Exhibit 3 to this Complaint. 9. On or about February 10, 2011, Mr. Tiemann filed a second application for a design patent on a Triple Tier Drawer for Holding Beverage Cartridges. On or about August 30, 2011, the United States Patent and Trademark Office duly granted U.S. Design Patent No. D644,069 (the 069 Patent) to Mr. Tiemann. Mr. Tiemann assigned the 069 Patent to Nifty. A copy of the 069 Patent is attached as Exhibit 4 to this Complaint. 10. On or about April 8, 2011, Mr. Tiemann filed an application for a design patent on a Drawer for Holding Beverage Cartridges. On or about May 15, 2012, the 2

United States Patent and Trademark Office duly granted U.S. Design Patent No. D659,481 (the 481 Patent) to Mr. Tiemann. Mr. Tiemann has assigned the 481 Patent to Nifty. A copy of the 481 Patent is attached as Exhibit 5 to this Complaint. 11. On or about February 23, 2011, Mr. Tiemann filed an application for a design patent on a second Drawer for Holding Beverage Cartridges. On or about May 22, 2012, the United States Patent and Trademark Office duly granted U.S. Design Patent No. D660,088 (the 088 Patent) to Mr. Tiemann. Mr. Tiemann has assigned the 088 Patent to Nifty. A copy of the 088 Patent is attached as Exhibit 6 to this Complaint. COUNT I: INFRINGEMENT OF THE 057 PATENT 12. 13. The allegations of Paragraphs 1-11 of the Complaint are realleged and Vandue has infringed and continues to infringe the 057 Patent by offering incorporated herein by reference. for sale and selling in the United States and within this judicial district and importing into the United States, without authorization, its Java Juggler K-Cup Chrome Coffee Carousel KC35 that is substantially the same as the design illustrated in the 057 Patent. The resemblance between the patented Coffee Pod Tree Carousel and the Vandue Java Juggler K-Cup Chrome Coffee Carousel KC35 is such to permit an ordinary observer to purchase the unauthorized Java Juggler K-Cup Chrome Coffee Carousel KC35, supposing it to the be the patented Tree Coffee Pod Carousel. 14. Vandues actions have caused and will continue to cause irreparable harm COUNT II: INFRINGEMENT OF THE 533 PATENT 15. 16. The allegations of Paragraphs 1-14 of the Complaint are realleged and Vandue has infringed and continues to infringe the 533 Patent by offering incorporated herein by reference. for sale and selling in the United States and within this judicial district and importing into the United States, without authorization, its Java Juggler K-Cup Chrome Coffee Carousel KC27 that is substantially the same as the design illustrated in the 533 Patent. The resemblance between the patented Coffee Pod Carousel and the Vandue Java Juggler 3 to Nifty unless enjoined.

K-Cup Chrome Coffee Carousel KC27 is such to permit an ordinary observer to purchase the unauthorized Java Juggler K-Cup Chrome Coffee Carousel KC27, supposing it to the be the patented Coffee Pod Carousel. 17. Vandues actions have caused and will continue to cause irreparable harm COUNT III: INFRINGEMENT OF THE 686 PATENT 18. 19. The allegations of Paragraphs 1-17 of the Complaint are realleged and Vandue has infringed and continues to infringe the 686 Patent by offering incorporated herein by reference. for sale and selling in the United States and within this judicial district and importing into the United States, without authorization, its Java Juggler K-Cup Chrome Coffee Three Tier Drawer Cabinet KCC54 that is substantially the same as the design illustrated in the 686 Patent. The resemblance between the patented Triple Tier Drawer for Holding Beverage Cartridges and the Vandue Java Juggler K-Cup Chrome Coffee Three Tier Drawer Cabinet KCC54 is such to permit an ordinary observer to purchase the unauthorized Java Juggler K-Cup Chrome Coffee Three Tier Drawer Cabinet KCC54, supposing it to the be the patented Triple Tier Drawer for Holding Beverage Cartridges. 20. Vandues actions have caused and will continue to cause irreparable harm COUNT IV: INFRINGEMENT OF THE 069 PATENT 21. 22. The allegations of Paragraphs 1-20 of this Complaint are realleged and Vandue has infringed and continues to infringe the 069 Patent by offering incorporated herein by reference. for sale and selling in the United States and within this judicial district and importing into the United States, without authorization, its Java Juggler K-Cup Chrome Coffee Three Tier Drawer Cabinet KCC36 that is substantially the same as the design illustrated in the 069 Patent. The resemblance between the patented Triple Tier Drawer for Holding Beverage Cartridges and the Vandue Java Juggler K-Cup Chrome Coffee Three Tier 4 to Nifty unless enjoined. to Nifty unless enjoined.

Drawer Cabinet KCC36 is such to permit an ordinary observer to purchase the unauthorized Java Juggler K-Cup Chrome Coffee Three Tier Drawer Cabinet KCC36, supposing it to the be the patented Triple Tier Drawer for Holding Beverage Cartridges. 23. Vandues actions have caused and will continue to cause irreparable harm to Nifty unless enjoined. COUNT V: INFRINGEMENT OF THE 481 AND 088 PATENTS 24. 25. The allegations of Paragraphs 1-23 of this Complaint are realleged and Vandue has infringed and continues to infringe the 481 Patent and the 088 incorporated herein by reference. Patent by offering for sale and selling in the United States and within this judicial district and importing into the United States, without authorization, its Java Juggler K-Cup Chrome Coffee Drawer KCD36 that is substantially the same as the design illustrated in the 481 Patent and the 088 Patent. The resemblance between the patented Drawer for Holding Beverage Cartridges and the Vandue Java Juggler K-Cup Chrome Coffee Drawer KCD36 is such to permit an ordinary observer to purchase the unauthorized Java Juggler K-Cup Chrome Coffee Drawer KCD36, supposing it to the be the patented Drawer for Holding Beverage Cartridges. 26. Vandues actions have caused and will continue to cause irreparable harm to Nifty unless enjoined. WHEREFORE, Plaintiff Nifty prays for judgment as follows: (a) (b) In favor of Nifty Home Products, Inc. and against Vandue Corporation on Preliminarily and permanently enjoining and restraining Vandue and its all counts of this Complaint; officers, directors, agents, servants, employees, attorneys and all others acting under and through them from directly infringing or inducing others to infringe U.S. Design Patent Nos. D609,057; D608,533; D643,686; D644,069; D659,481; and D660,088; (c) Awarding Nifty damages under Title 35 U.S.C. 284 and 289, including Vandues profits; 5

(d) (e)

Awarding Nifty reasonable attorneys fees, costs and expenses and interest Awarding Nifty such other relief as this Court may deem just and proper. JURY DEMAND

pursuant to 35 U.S.C. 285 and any other applicable law; and

Plaintiff demands a trial by jury on all issues so triable. Date: August 28, 2012 /Peter G. Nikolai/ Peter G. Nikolai (#322,052) James T. Nikolai (#144,101) NIKOLAI & MERSEREAU, P.A 900 Second Avenue South, Suite 820 Minneapolis, MN 55402 Telephone: (612) 339-7461 Facsimile: (612) 349-6556 ATTORNEYS FOR PLAINTIFF NIFTY HOME PRODUCTS, INC.