IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) VERMEER MANUFACTURING COMPANY, ) ) Plaintiff, ) ) v.

) ) STRAIGHTLINE HDD, INC., ) ) Defendant. ) _______________________________________)

13-CV-1384-MLB-KGG Civil Action No. ______________

JURY TRIAL DEMANDED

COMPLAINT Plaintiff, Vermeer Manufacturing Company, for its Complaint states and alleges as follows: PARTIES 1. Plaintiff, Vermeer Manufacturing Company (Vermeer), is an Iowa corporation

having its principal place of business at 2411 Highway 102, Pella, Iowa 50219. 2. Upon information and belief, Defendant, Staightline HDD, Inc. (Straightline),

is a Kansas corporation having a principal place of business at 1816 East Wasp Road, Hutchinson, Kansas 67501. JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the patent laws of the

United States of America, 35 U.S.C. 1, et seq., including 35 U.S.C. 271 and 282-85. 4. This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a) in that this

is a civil action arising out of the patent laws of the United States of America.

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Venue is proper in this district pursuant to 28 U.S.C. 1391(b)-(c) and 1400.

This court has personal jurisdiction over Straightline because inter alia Straightline is incorporated and headquartered in the State of Kansas. COUNT I - INFRINGEMENT OF U.S. PATENT NO. RE44,427 6. Plaintiff restates the allegations set forth in paragraphs 1-5 and incorporates them

herein by reference. 7. On August 13, 2013, United States Patent No. RE44,427 (hereinafter the 427

patent) entitled APPARATUS FOR DIRECTIONAL BORING UNDER MIXED CONDITIONS was duly and legally issued to Vermeer as assignee; and since that date Vermeer has owned right, title, and interest in the 427 patent. A copy of the 427 patent is attached hereto as Exhibit A. 8. Straightline has directly infringed, contributed to the infringement of, and/or

induced infringement of the 427 patent through the manufacture, use, sale, and/or offer for sale of its air hammer systems, including the AH4.0 RockEye air hammer system, the AH5.0 RockEye air hammer system, and the AH6.0 RockEye air hammer system. 9. Vermeer has been damaged by Straightlines infringement of the 427 patent in an

amount to be proven at trial and will continue to be damaged in the future unless Straightline is permanently enjoined from infringing the 427 patent, and from contributing to or inducing the infringement of the 427 patent by others. 10. Straightline is aware that the 427 patent was duly and legally issued and that

Staightlines use, manufacture, sale, and/or offer for sale of its air hammer systems infringes the 427 patent and contributes to and induces the infringement of the 427 patent by others.

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Straightlines infringement of the 427 patent is now and has been willful and will

continue unless enjoined by the Court. 12. By reason of Straightlines willful infringement, Vermeer is entitled to recover

actual damages, treble damages, attorneys fees, and the costs of this litigation pursuant to 35 U.S.C. 284 & 285 and injunctive relief pursuant to 35 U.S.C. 283. PRAYER FOR RELIEF WHEREFORE, Vermeer prays for judgment that: A. Straightline; B. Straightline, its officers, agents, servants and employees and those persons in United States Patent No. RE44,427 is valid and has been infringed by

active concert or participation with any of them be enjoined from further infringing, contributing to the infringement, or inducing the infringement of United States Patent No. RE44,427; C. An accounting be had for the damages arising out of Straightlines infringement

of United States Patent No. RE44,427, including treble damages for willful infringement as provided by 35 U.S.C. 284 and 285, with interest; D. Straightline, its officers, agents, servants and employees and those persons in

active concert or participation with any of them be enjoined from continued use, importation, offer for sale, or sale of Straightlines products used to infringe said patents; E. F. Vermeer be awarded its attorneys fees, costs, and expenses in this action; Vermeer be awarded such other and further relief as this Court may deem

necessary and proper. DEMAND FOR JURY TRIAL Vermeer hereby demands a trial by jury of all issues so triable. 3

Dated this 14th day of October, 2013. Respectfully Submitted, FOULSTON SIEFKIN LLP By: /s/ Todd N. Tedesco Todd N. Tedesco, #15652 1551 North Waterfront Parkway Suite 100 Wichita, Kansas 67260-4466 Tel: 316-291-9776 Fax: 866-347-5138 Email: ttedesco@foulston.com and Rachel K. Zimmerman Merchant & Gould P.C. 3200 IDS Center 80 South 8th Street Minneapolis, MN 55402-2215 Attorneys for Plaintiff