IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

SignalQuest , Inc.
Plaintiff,

CIVIL ACTION NO.

Tien- Ming Chou and Oncque Corporation

COMPLAINT FOR DECLARA TORY RELIEF

Defendants.

ORIGINAL COMPLAINT
Plaintiff SignalQuest , Inc. (" SignaIQuest" ), by its undersigned attorneys , files its Original
Complaint against Defendants Tien- Ming Chou and Oncque Corporation (" Oncque ) alleging as
follows:

NA TURE OF

This lawsuit seeks to put an end to Defendant's unjustified accusation of patent

infringement. Defendant's conduct has ,

and continues to , put Signal Quest under a reasonable

and serious apprehension of imminent suit. With this lawsuit , SignalQuest seeks declaratory
judgment that SignalQuest's technology does not infringe the Tien- Ming Chou patent.

THE PARTIES
Plaintiff SignalQuest is a corporation organized and existing under the laws of the
State of Delaware , with its principal place of business in 10 Water Street , Lebanon , New
Hampshire.

Upon information and belief, Tien- Ming Chou is an individual domiciled in

Taiwan , and having a place of residence and mailing address of No. 41 , San- His 5 th Street

Taichung City, Taiwan. Tien- Ming Chou is the CEO ofOncque and the original owner of US
Patent Number 6 706 979 (the ' 979 patent).

Upon information and belief, Oncque is a corporation organized and existing

under the laws of Taiwan , with its principal place of business located at No.278 , SecA , Tzuyu
Rd. , E. Dist. , Taichung City 40147, TAIWAN (Republic of China). Upon

belief, Oncque engages in business in New Hampshire , but does not maintain a regular place of
business in New Hampshire.

JURISDICTION AND VENUE

This action arises under the patent laws of the United States , Title 35 of the

United States Code , and Declaratory Relief Act.

This is an action for non- infringement of a United States patent. This Court has

exclusive jurisdiction of such action under Title 28 U.S. C.

99 1331 ,

1338(a), and 2201(a).

Upon information and belief, Defendants each have established minimum

contacts with New Hampshire such that this venue is a fair and reasonable one. Defendants have
each committed such purposeful acts and/or transactions in New Hampshire that they reasonably

knew and/or expected that they could be haled into this court as a future consequence of such

activity. On July 7 , 2011 , Tien- Ming Chou, through his law firm Saint Island International
Patent & Law Offices , faxed and mailed a strong cease and desist letter to Signal
demanding that Signal

of vibration switch products under model number SQ- SEN- 200 in order to avoid legal liabilities.

Not only does SignalQuest have its principle place of business in New Hampshire , but

SignalQuest also manufactures product in New Hampshire , including manufacturing of model

number SQ- SEN- 200.

Upon information and belief, Tien- Ming Chou is a citizen of Taiwan. Tien- Ming
Chou is also the owner of the ' 979 patent , as explained by the cease and desist letter , and one of

the originators of the cease and desist letter.

Upon information and belief, Oncque has ownership and/or licensee rights in the
979 patent. It is believed that the ' 979 patent has either been assigned to Oncque and the

assignment has not been recorded with the United States Patent and Trademark Office , or
Oncque has a license to enforce the ' 979 patent. This belief is based on multiple
July 8 ,

2011 , SignalQuest received notice that one of its distributors , GlobalSpec , the owner of a

Web site advertising products for sale, was contacted by Oncque and demanded by Oncque to

remove SignalQuest products from the GlobalSpec Web site due to infringement of its patent.
Oncque is demanding removal of SignalQuest product from the GlobalSpec Web site due to
alleged patent infringement , then Oncque must have ownership rights in the ' 979 patent. The

cease and desist letter also makes a point of expressing Oncque ' s interest in
979 patent by expressing that Tien- Ming Chou is the CEO ofOncque Corporation. As a party

having rights to the ' 979 patent , Oncque should reasonably anticipate being a party to the present

case.

Defendant's conduct and connection with New Hampshire are such that they

should reasonably anticipate being haled into court in New Hampshire.

desist letter was sent to SignalQuest , located in New Hampshire , additional activities beyond the

cease and desist letter have taken place. Oncque advertises their products for sale through Web

sites.

www. globalspec. com

(owned by GlobaISpec), which advertises products sold by Oncque and allows potential

purchasers to view and select Oncque products for purchasing. Upon selection to purchase

contact information for Oncque is provided. Another Web site , belonging to Mouser Electronics
is made available through the URL

www. mouser.com

(the "

mouser" Web site). The Mouser

Web site advertises products sold by Oncque and allows potential purchasers to view , select , and
purchase Oncque products.

allow for the successful online ordering ofOncque s products.

10.

Venue is proper in this Court under 28 US. C. 99 1391 and 28 US. c.

9 1400.

PATENT- IN- SUIT

11.
No. 6

On information and belief, Tien- Ming Chou is the owner of United States Patent

706 979 , entitled " Vibration Switch " which issued March 16 , 2004. A copy of the ' 979
Exhibit A.

patent is attached hereto as

12. 13.

On information and belief, Oncque has certain rights to the ' 979 patent.
The ' 979 patent relates to a vibration switch. The vibration switch , among many

other elements , at least requires a housing that is adapted to be mounted to a support , where the

housing has an upper wall and a lower wall that confine an accommodation chamber. First and
second electric contact bodies are disposed in the accommodation chamber. First and second
electrically conductive rollable bodies located within the chamber abut against first and second
tangential areas of the first and second electric contact bodies. Signal

not infringe any claims of the ' 979 patent.

14.

SignalQuest is continuing to make , use , sell , and offer for sale , products that

Defendants incorrectly claim infringe the ' 979 patent. Because the ' 979 patent is not infringed

SignalQuest has no intention of taking a license under the ' 979 patent or stopping the making,

using, selling, or offering for sale of SignalQuest product. Hence , due to this and strong
language of the cease and desist letter , SignalQuest is under a reasonable and serious

apprehension that it will imminently be sued by Defendants for infringement of one or more of
the claims of the ' 979 patent , even though such claims are baseless. As a result , an actual
controversy exists between Plaintiff and Defendants concerning whether the ' 979 patent is not

infringed.

COUNT I.
(Declaratory Judgment of Non- infringement)
15. 16. 17.

Paragraphs 1 through 14 are incorporated by reference as if stated fully herein.

SignalQuest has not infringed any valid and enforceable claim of the ' 979 patent.
SignalQuest seeks a declaration that the ' 979 patent has not been , and is not

infringed by SignalQuest.

PRAYER FOR RELIEF

SignalQuest respectfully requests that the Court:

A. Enter an
and enforceable claim of the ' 979 patent;
B. Enter an

, and does not , infringe any valid

C. 9285 ,

and

awarding SignalQuest its attorney fees , costs , and expenses; and

C. Grant

and appropriate.

Respectfully submitted
SIGNALQUEST , INC.
By its Attorneys:

SHEEHAN PHINNEY BASS + GREEN

Dated: August 9 ,

2011

:/s/ Robert R. Lucic Robert R. Lucic , NH Bar #9062 Peter A. Nieves , NH Bar #15805 1000 Elm Street
PO Box 3701

Manchester , NH 03105- 3701 (603) 627- 8188

rlucic~sheehan. com pnieves~sheehan. com