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14430327.1 1

Christopher B. Sullivan (11053)

Jared C. Fields (10115)Snell & Wilmer L.L.P.

15 W South Temple #1200Salt Lake City, UT 84101-1531Telephone: (801) 257-1900

Facsimile: (801) 257-1800

Attorneys for Meteoro Amusement Corp.IN THE UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF UTAH

METEORO AMUSEMENT CORP.,

Plaintiff,

v.

S&S WORLDWIDE, INC.; and S&SPOWER, INC.,

Defendants.

COMPLAINT

Case No. 1:12-cv-00016-TS

Judge Ted Stewart

Plaintiff Meteoro Amusement Corporation (Meteoro) hereby alleges as its Complaint

against Defendants S&S Worldwide, Inc. (S&S Worldwide) and S&S Power, Inc. (S&S

Power) as follows:

THE PARTIES

1. Plaintiff Meteoro Amusement Corp. (Meteoro) is a corporation organized and

existing under the laws of the State of New Mexico and having a principal place of business at

170 Buck Road, Lansing, New York 14882.

2. Upon information and belief, Defendant S&S Worldwide is a corporation

organized and existing under the laws of the State of Utah and having offices at 350 West 2500

North, Logan, UT 84341.

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3. . Upon information and belief, Defendant S&S Power is a corporation organizedand existing under the laws of the State of Utah and having offices at 350 West 2500 North,Logan, UT 84341.

JURISDICTION AND VENUE4. This is an action for patent infringement brought under the patent laws of the

United States, including 35 U.S.C. 271 et seq. Accordingly, this Court has subject matterjurisdiction in this action pursuant to 28 U.S.c. 1331 and 1338(a).

5. This Court has general personal jurisdiction over Defendants because they areresidents of and have committed acts of infringement in the State ofUtah.

6. Venue is proper in this District pursuant to 28 U.S.C. 1391 and 1400(b)because, for example, Defendants maintain their offices in this District.

FACTS7. Meteoro was formed in 1996 by John F. Mares, a roller coaster enthusiast, for the

purposes of developing and commercializing an innovative new roller coaster design havingseats that could rotate or spin as the coaster moved along its track that had been conceived byMr. Mares. Over the next few years, Mr. Mares filed for and obtained a portfolio of U.S. patentsprotecting various aspects of his roller coaster design ("the Meteoro patents").

8. For example, on May 14, 2002, United States Patent No. 6,386,115 ("the' '115patent") entitled "Modularized Amusement Ride and Training Simulation Device" was duly andlegally issued by the United States Patent and Trademark Office. Meteoro is the assignee andowner of the entire right, title, and interest to the ' 115 patent. A true and correct copy of the,115 patent is attached hereto as Exhibit A.

9. On November 12, 2002, United States Patent No. 6,477,961 ("the '961 patent")entitled "Amusement Ride" was duly and legally issued by the United States Patent and

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Trademark Office. Meteoro is the assignee and owner of the entire right, title, and interest to the'961 patent. A true and correct copy of the '961 patent is attached hereto as Exhibit B.

10. On August 19, 2003, United States Patent No. 6,606,953 ("the '953 patent")entitled "Amusement Ride" was duly and legally issued by the United States Patent andTrademark Office. The named inventor is John F. Mares. Meteoro is the assignee and owner ofthe entire right, title, and interest to the '953 patent. A true and correct copy of the '953 patent isattached hereto as Exhibit C.

11. The roller coaster design covered by the Meteoro patents has been commerciallyimplemented in the United States and throughout the world under license from the Meteoropatents.

12. For example, in January 2002, the patented coaster design was constructed at SixFlags Magic Mountain in Valencia, California as the "X" coaster (now referred to as "X2"). The"X" coaster was originally manufactured by Arrow Dynamics of Clearfield, Utah ("Arrow"),which filed for bankruptcy in 2002 and was subsequently purchased by Defendant S&S Power.In 2004, after litigation, Six Flags, Inc. obtained a license under the Meteoro patents for the "X"coaster.

13. In 2006, Meteoro's patented coaster design was constructed in Japan at the Fuji-QHighland amusement park in ("the Eejanaika coaster"). Defendants manufactured all or asubstantial portion of the components for the Eejanaika coaster here in the United States and paidMeteoro for a license under the Meteoro patents for the right to do so.

14. In 2011, another coaster using Meteoro's patented coaster design was unveiled atSix Flags Magic Mountain in Valencia, California (the "Green Lantern coaster"). The U.S.representative of the builder of Green Lantern coaster, IntaRide LLC of Glen Burnie, Maryland,obtained a license from Meteoro under the Meteoro patents.

15. Upon information and belief, Defendants are currently manufacturing in United14430327.1 3

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States all or a substantial portion of the components for yet another infringing roller coaster to beconstructed at the Changzhou China Dinosaur Park in Changzhou, Jiangsu, China, referred to byDefendants as another installment of their "4th Dimension" coaster design. Upon informationand belief, Defendants' latest 4th Dimension coaster, when assembled in China, will include eachand every element of at least one claim of one of the Meteoro patents.

16. Despite having been placed on notified by Meteoro that the 4th Dimension coasterdesign infringes the Meteoro patent and having previously licensed the Meteoro patents for theright to build other 4th Dimension coasters, Defendants have failed to obtain a license under theMeteoro patents for the 4th Dimension coaster being constructed in China.

17. Defendants have profited from and will continue to profit from their infringingactivities.

18. Meteoro has been damaged by Defendants' infringing activities.COUNT I

Patent Infringement under 35 U.S.C. 271(1)19. Meteoro repeats and realleges the allegations contained in paragraphs 1 - 17above.20. Upon information and belief, Defendants have infringed and continue to infringe

at least one claim of at least one of the Meteoro patents by supplying all or a substantial portionof the components of a roller coaster falling within the scope of the Meteoro patents with theintent that such components will be combined outside of the United States in a manner that fallswithin the scope of at least one claim of one ormore of the Meteoro patents.

21. As a result of the Defendants' acts of infringement, Meteoro has suffered and willcontinue to suffer damages in an amount to be proven at trial.

22. Defendants had actual notice of the Meteoro patents and Meteoro's claim that theDefendants' roller coaster design was an infringement of at least one claim of one of the Meteoro14430327.1 4

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patents. Nevertheless, Defendants actively offered to sell and sold roller coasters having theinfringing design without permission from Meteoro.

23. Upon information and belief, Defendant's infringement of the Meteoro patentswas willful and in complete disregard for Meteoro's patent rights. As a result, this case is an"exceptional" case within the meaning of 35 U.S.C. 285 and Meteoro is entitled treble damagesas well as its reasonable costs and attorneys' fees.

DEMAND FOR JURY TRIALMeteoro demands a trial by jury for all issues so triable pursuant to Federal Rule of Civil

Procedure 38(b).PRAYER FORRELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:A. Enter judgment that Defendants have infringed Plaintiffs rights in the ' 115, ,961,

and/or '953 patents;B. Order Defendants to account for and pay to Plaintiff damages adequate to

compensate for the infringement, but in no event less than a reasonable royalty for the use madeof the patented invention by Defendants, together with interest and costs in accordance with 35U.S.C. 284;

C. Enter judgment that Defendants' infringement has been deliberate and willful;D. Award treble damages pursuant to 35 U.S.C. 284;E. Enjoin Defendants from offering infringing roller coaster designs for sale in the

United States;F. Award Plaintiff its pre-judgment and post-judgment interest, costs, and attorneys'

fees pursuant to 35 U.S.C. 285; andG. Grant Plaintiff such other and further relief as the Court may deem just and

proper.

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14430327.1

Dated: January 30, 2012

6

/s/Christoph . SullivanJared C. FieldsSNELL & WILMER15 W South Temple #1200Salt Lake City, UT 84101-1531OfCounsel:George R. McGuiregmcguire@bskcomDavid L. Nocillydnocilly@bskcomBOND, SCHOENECK & KING PLLCOne Lincoln CenterSyracuse, NY 13202Phone: 315.218.8000Fax: 315.218.8100Attorneys for Plaintiff, Meteoro AmusementCorp.