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1 ROBERT J. YORIO (SBN 93178) [email protected] 2 COLBY B. SPRINGER (SBN 214868) [email protected] 3 CHRISTINE S. WATSON (SBN 218006) [email protected] 4 CARR & FERRELL LLP 2200 Geng Road 5 Palo Alto, California 94303 Telephone: (650) 812-3400 6 Facsimile: (650) 812-3444 7 Attorneys for Plaintiff ACTICON TECHNOLOGIES LLC 8 9 10 11 12 13 ACTICON TECHNOLOGIES LLC, 14 15 v. Plaintiff, FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT; SUCCESSOR LIABILITY; VICARIOUS LIABILITY; ALTER EGO; FRAUDULENT TRANSFERS (CIVIL CODE SECTION 3439, ET SEQ.); IMPROPER DISSOLUTION; CONSPIRACY JURY TRIAL DEMANDED CASE NO. C 07-4507 JF (HRL) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

16 PRETEC ELECTRONICS CORPORATION, a dissolved California corporation; PTI GLOBAL, 17 INC., a California corporation; C-ONE TECHNOLOGY CORPORATION, a foreign 18 corporation; CHIU FENG CHEN, an individual; GORDON YU, an individual; TOMMY HO, an 19 individual; ROBERT WU, an individual; GRACE YU, an individual; KUEI LU, an 20 individual; and DOES 1 through 20, 21 22 23 Defendants.

Plaintiff ACTICON TECHNOLOGIES LLC, for its Complaint against Defendant PRETEC

24 ELECTRONICS CORPORATION, Defendant PTI GLOBAL, INC., Defendant C-ONE 25 TECHNOLOGY CORPORATION, Defendant CHIU FENG CHEN, Defendant GORDON YU, 26 Defendant TOMMY HO, Defendant ROBERT WU, Defendant GRACE YU, Defendant KUEI LU 27 and Defendants DOES 1 through 20, (collectively, "DEFENDANTS") alleges as follows: 28
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INTRODUCTION This action is brought by ACTICON TECHNOLOGIES LLC (hereinafter

3 "ACTICON") against DEFENDANTS for damages arising out of Defendant PRETEC 4 ELECTRONICS CORPORATION's ("PRETEC"), Defendant C-ONE TECHNOLOGY 5 CORPORATION's ("C-ONE") and Defendant PTI GLOBAL, INC.'s infringement of certain 6 ACTICON patents and for DEFENDANTS' fraudulent transfer of corporate assets in order to 7 evade court process and avoid liability for such damages. 8 2. As set forth in detail below, ACTICON is the owner of the entire right, title and

9 interest in U.S. Patent Nos. 4,603,320 (the "`320 Patent"); 4,543,450 (the "`450 Patent"); 4,972,470 10 (the "`470 Patent"); and 4,686,506 (the "`506 Patent") (collectively, the "Patents-in-Suit"), which 11 describe various forms of electronic connectors. True and correct copies of the Patents-in-Suit are 12 attached hereto as Exhibits "A," "B," "C," and "D," respectively. 13 3. PRETEC, prior to its dissolution on or about November 28, 2006, made, imported,

14 offered for sale, sold and/or distributed various electronic connectors that embody the technology 15 of the Patents-in-Suit. 16 4. ACTICON is informed and believes, and thereon alleges, that Defendants CHIU

17 FENG CHEN, TOMMY HO, ROBERT WU, GORDON YU, GRACE YU, KUEI LU and DOES 1 18 through 20 were officers, directors and/or majority shareholders of PRETEC prior to PRETEC's 19 dissolution. 20 5. Subsequent to PRETEC's dissolution on or about November 28, 2006, PRETEC

21 and/or DEFENDANTS continued to make, import, offer for sale, sell and/or distribute various 22 electronic connectors that embody the technology of the Patents-in-Suit as a manufacturer or 23 distributor operating as the business entities PTI GLOBAL, INC. and/or the unknown business 24 entities named as Defendants DOES 1 through 20. 25 6. At all times relevant hereto, C-ONE manufactured, imported, offered for sale, sold

26 and/or distributed to PRETEC and PTI GLOBAL the various electronic connectors that embody the 27 technology of the Patents-in-Suit which were sold, offered for sale and/or distributed by PRETEC 28 and PTI GLOBAL.
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7.

PRETEC and/or DEFENDANTS continued to make, import, offer for sale, sell

2 and/or distribute various electronic connectors that embody the technology of the Patents-in-Suit 3 despite the fact that PRETEC received notice of the complaint for Patent Infringement in Acticon 4 Technologies LLC v. Pretec Electronics Corporation, et al., United States District Court Case No. 5 C 06-4679 JF (HRL). 6 7 8 8. JURISDICTION The Court has jurisdiction and supplemental jurisdiction over this matter because it

9 is an infringement action arising under the United States Patent Act (35 U.S.C. § 271 et seq.). 10 Accordingly, this Court has jurisdiction pursuant to 28 U.S.C. sections 1331 and 1338(a). 11 9. ACTICON is informed and believes, and thereon alleges, that DEFENDANTS are

12 subject to personal jurisdiction in this District, because Defendant PTI GLOBAL, INC. is located in 13 this District and PRETEC ELECTRONICS CORPORATION was located in this District prior to 14 its dissolution. ACTICON is further informed and believes, and thereon alleges, that 15 DEFENDANTS have caused tortious injury in this District by acts both inside and outside the 16 District and regularly solicit business in this District or derive substantial revenue from sales of 17 goods, including infringing goods in this District, or otherwise have engaged in a persistent course 18 of conduct in this District. 19 20 21 10. VENUE Venue is proper in this District pursuant to 28 U.S.C. § 1391 because PRETEC

22 ELECTRONICS CORPORATION was headquartered in this District prior to its corporate 23 dissolution and Defendant PTI GLOBAL, INC. is headquartered in this District. 24 25 26 11. INTRA-DISTRICT ASSIGNMENT For the purposes of Civil L.R. 3-2(c) and (d), this Intellectual Property action may

27 be assigned to any division of this District. 28
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PARTIES Plaintiff ACTICON is a limited liability company, which has its principal place of

3 business in Suffern, New York. 4 13. ACTICON is informed and believes, and thereon alleges, that Defendant PRETEC

5 was a California corporation, which had its principal place of business at 46791 Fremont 6 Boulevard, Fremont, California, until its dissolution on or about November 28, 2006. Plaintiff is 7 further informed and believes, and thereon alleges, that PRETEC designed, manufactured, 8 marketed, distributed, imported, sold and/or offered for sale in the United States PCMCIA, 9 CompactFlash and Secure Digital I/O form factor electronic connectors. 10 14. The products referenced above in paragraph 13 (hereinafter, the "Accused

11 Products") employ an electronic connector that connects a computer and one or more external 12 devices, whereby such electronic connector converts signals between the computer and external 13 devices in order to obtain a desired connecting configuration and/or function. 14 15. ACTICON is informed and believes, and thereon alleges, that Defendant CHIU

15 FENG CHEN was a Director of PRETEC. Plaintiff is informed and believes, and thereon alleges, 16 that during the time that Defendant CHIU FENG CHEN worked in the capacity as a Director of 17 PRETEC, he either resided and/or did business in or around Fremont, California. 18 16. ACTICON is informed and believes, and thereon alleges, that Defendant TOMMY

19 HO was an Operations Manager for PRETEC. ACTICON is further informed and believes, and 20 thereon alleges, that Defendant TOMMY HO also was a Director and/or Officer of Pretec 21 Technology, Inc., which subsequently changed its corporate name to PTI GLOBAL, INC. Plaintiff 22 is informed and believes, and thereon alleges, that during the time that Defendant TOMMY HO 23 worked in the capacity as an Operations Manager and/or Director of PRETEC and as an Officer 24 and/or Director of PTI GLOBAL, INC., he either resided and/or did business in or around Fremont, 25 California. 26 17. ACTICON is informed and believes, and thereon alleges, that Defendant ROBERT

27 WU was an Operations Manager for PRETEC. ACTICON is further informed and believes, and 28 thereon alleges, that Defendant ROBERT WU also was a Director and/or Officer of Pretec
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1 Technology, Inc., which subsequently changed its corporate name to PTI GLOBAL, INC. Plaintiff 2 is informed and believes, and thereon alleges, that during the time that Defendant ROBERT WU 3 worked in the capacity as an Operations Manager and/or Director of PRETEC and as an Officer 4 and/or Director of PTI GLOBAL, INC., he either resided and/or did business in or around Fremont, 5 California. 6 18. ACTICON is informed and believes, and thereon alleges, that Defendant PTI

7 GLOBAL, INC. is a California corporation with its principal place of business located at 231 8 Whitney Place, Fremont, California. ACTICON is further informed and believes, and thereon 9 alleges, that PTI GLOBAL, INC. was originally incorporated under the name Pretec Technology, 10 Inc. 11 19. ACTICON is informed and believes, and thereon alleges, that Defendant PTI

12 GLOBAL, INC. manufactures, uses, imports, distributes, offers for sale and/or sells PCMCIA, 13 CompactFlash and Secure Digital I/O form factor electronic connectors under the PRETEC brand 14 name. 15 20. ACTICON is informed and believes, and thereon alleges, that Defendant GRACE

16 YU was the President, Secretary, Chief Executive Officer and Chief Financial Officer of Pretec 17 Technology, Inc., which subsequently changed its name to PTI GLOBAL, INC., until in or about 18 November 2006. 19 21. ACTICON is informed and believes, and thereon alleges, that Defendant KUEI LU

20 has been the Chief Executive Officer, Secretary and Financial Officer of PTI GLOBAL, INC. since 21 in or about November 2006. 22 22. ACTICON is informed and believes, and thereon alleges, that Defendant C-ONE

23 TECHNOLOGY CORPORATION ("C-ONE") is a foreign corporation, which has its principal 24 place of business in Taiwan. ACTICON is further informed and believes, and thereon alleges, that 25 C-ONE has conducted, and continues to conduct, continuous business activity in the United States. 26 23. ACTICON is informed and believes, and thereon alleges, that C-ONE is or was a

27 sister subsidiary company of PRETEC or C-ONE is the parent company of PRETEC. 28
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1 YU was the President, a director, an officer and/or a majority shareholder of C-ONE during the 2 period of time between 2002 through 2007, inclusive. 3 25. Plaintiff is informed and believes, and thereon alleges, that during a period of time

4 prior to 2006, Defendant GORDON YU was the President of PRETEC and that Defendant 5 GORDON YU was an officer, director and/or majority shareholder of PRETEC. 6 26. ACTICON is informed and believes, and thereon alleges, that at all relevant times

7 hereto, C-ONE was in the business of designing, manufacturing, marketing, distributing, importing, 8 selling and/or offering for sale in the United States PCMCIA, CompactFlash and Secure Digital I/O 9 form factor electronic connectors. 10 27. ACTICON is informed and believes, and thereon alleges, that C-ONE imported,

11 distributed, sold and/or offered for sale PCMCIA, CompactFlash and Secure Digital I/O form factor 12 electronic connector products to PRETEC and PTI GLOBAL. 13 28. ACTICON is informed and believes, and thereon alleges, that DOES 1 through 20

14 were officers, directors and/or majority shareholders of PRETEC and/or are unknown business 15 entities in the business of designing, manufacturing, marketing, distributing, importing, selling 16 and/or offering for sale in the United States PCMCIA, CompactFlash and Secure Digital I/O form 17 factor electronic connectors. 18 29. ACTICON is informed and believes, and thereon alleges, that at all times relevant

19 hereto, each of the Defendants was the agent, affiliate or co-conspirator of the other defendants and 20 in committing the acts hereinafter set forth, acted within the scope of such agency, affiliation or 21 conspiracy and/or ratified or acquiesced in the acts of the other defendants. 22 30. ACTICON is unaware of the true names or capacities of remaining Defendants Does

23 1 through 20, whether corporate, individual, partner, employee, agent, co-conspirator, or otherwise, 24 and prays leave of court to allege said true names and capacities when the same have been 25 ascertained. 26 31. ACTICON is informed and believes, and thereon alleges, that in doing the things

27 herein alleged, the named defendants and Does 1 through 20, inclusive, were each the agent, 28 employee or servant of the remaining of said Defendants or that Defendants Does 1 through 20 are
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1 in some other means or manner responsible for the acts and conduct hereinafter alleged. 2 3 4 32. GENERAL ALLEGATIONS ACTICON is informed and believes, and thereon alleges, that PRETEC was named

5 as a Defendant in the Complaint entitled Acticon Technologies LLC v. Pretec Electronics Corp., et 6 al., filed on August 1, 2006, in the United States District Court for the Northern District of 7 California, Case No. C 06-4679 JF (HRL) ("FIRST COMPLAINT"). ACTICON is informed and 8 believes, and thereon further alleges, that Defendant ROBERT WU (as corporate representative of 9 PRETEC) was personally served with the summons and FIRST COMPLAINT at 46791 Fremont 10 Boulevard, Fremont, California, on or about August 17, 2006. 11 33. PRETEC did not respond to the FIRST COMPLAINT on or before September 6,

12 2006, the deadline for PRETEC to answer or otherwise respond to the FIRST COMPLAINT. 13 34. On or about September 13, 2006, ACTICON filed a Request for Entry of Default

14 against PRETEC. On or about September 15, 2006, ACTICON filed a Second Request for Entry of 15 Default against PRETEC. 16 35. On September 19, 2006, the Clerk of the United States District Court, Northern

17 District of California entered the default of PRETEC in Acticon Technologies LLC v. Pretec 18 Electronics Corp., et al., Case No. C 06-4679 JF (HRL), as Docket Entry 13. 19 36. On or about October 5, 2006, counsel for ACTICON sent a letter to PRETEC via

20 certified U.S. mail advising that ACTICON would request entry of default judgment against 21 PRETEC if PRETEC did not respond to ACTICON's communication on or before October 11, 22 2006. PRETEC did not respond to ACTICON's October 5, 2006 letter. 23 37. Notwithstanding the default entered against PRETEC, on or about October 19, 2006,

24 PRETEC filed a motion captioned, "Motion to Change Time," requesting a sixty-day continuance 25 of the November 29, 2006 Case Management Conference in Acticon Technologies LLC v. Pretec 26 Electronics Corp., et al., Case No. C 06-4679 JF (HRL), (Docket Entry 21). This motion was 27 signed by Defendant TOMMY HO and Defendant GORDON YU. A true and correct copy of the 28 Motion to Change Time is attached hereto as Exhibit "E", and incorporated by reference.
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38.

On October 24, 2006, Defendant TOMMY HO contacted counsel for ACTICON via

2 telephone. The following day, in a telephone conference between counsel for ACTICON and 3 Defendant TOMMY HO, Defendant TOMMY HO requested a description of the Accused Products 4 in the FIRST COMPLAINT and agreed to provide ACTICON with six years of annual sales 5 information for PRETEC's Accused Products. 6 39. On October 26, 2007, Defendant TOMMY HO wrote in an e-mail message to

7 counsel for ACTICON, "Thanks for the information. We will study the accused products as you 8 claimed. If we agree, then we will prepare the past years of sales information. If we disagree on 9 some of the accused products, we will contact you to discuss. We will try to get as much sales 10 information as possible." 11 40. Based on Defendant TOMMY HO's agreement on behalf of PRETEC to provide

12 sales information for the Accused Products to ACTICON, ACTICON did not oppose PRETEC's 13 Motion to Change Time and filed a Statement of Non-Opposition to Pretec's Motion to Change 14 Time on October 27, 2007 in Acticon Technologies LLC v. Pretec Electronics Corp., et al., Case 15 No. C 06-4679 JF (HRL), (Docket Entry 22). 16 41. That same day, October 27, 2007, Pretec Technology, Inc. filed a Certificate of

17 Amendment of Articles of Incorporation with the California Secretary of State to change its 18 corporate name to PTI GLOBAL, INC., 19 42. On or about October 31, 2006, the Court granted PRETEC's motion in Acticon

20 Technologies LLC v. Pretec Electronics Corp., et al., Case No. C 06-4679 JF (HRL), and continued 21 the initial Case Management Conference scheduled for November 29, 2006 to February 2, 2007. 22 (Docket Entry 24). 23 43. On or about November 28, 2006, one day prior to the originally scheduled Case

24 Management Conference, PRETEC filed a Certificate of Dissolution in the office of the Secretary 25 of State of California. A true and correct copy of the Certificate of Dissolution is attached hereto as 26 Exhibit "F". Despite PRETEC having been placed on actual notice of the patent infringement 27 lawsuit pending against it in the United States District Court for the Northern District of California, 28 Defendant CHIU FENG CHEN certified and declared under penalty of perjury in the Certificate of
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1 Dissolution that, inter alia, "THE CORPORATION'S KNOWN DEBTS AND LIABILTIES 2 HAVE BEEN ACTUALLY PAID." 3 44. PRETEC did not appear at the February 2, 2007 Case Management Conference in

4 Acticon Technologies LLC v. Pretec Electronics Corp., et al., Case No. C 06-4679 JF (HRL). 5 45. ACTICON is informed and believes, and thereon alleges, that Defendants PTI

6 GLOBAL, INC., C-ONE, CHIU FENG CHEN, ROBERT WU, TOMMY HO, KUEI LU, GRACE 7 YU, GORDON YU and DOES 1 through 20 and each of them, continue to make, use, import, 8 distribute, offer for sale and/or sell the Accused Products, and possibly other products that infringe 9 the Patents-in-Suit, in the United States through Defendant PTI GLOBAL, INC.. 10 46. ACTICON is informed and believes, and thereon alleges, that Defendants PTI

11 GLOBAL, INC., C-ONE, CHIU FENG CHEN, ROBERT WU, TOMMY HO, KUEI LU, GRACE 12 YU, GORDON YU and DOES 1 through 20 and each of them, continue to make, use, import, 13 distribute, offer for sale and/or sell the Accused Products, and possibly other products that infringe 14 the Patents-in-Suit, in the United States through one or more unknown business entities. 15 47. ACTICON is informed and believes, and thereon alleges, that DEFENDANTS

16 fraudulently transferred nearly all of PRETEC's assets to Defendants PTI GLOBAL, INC. and/or 17 C-ONE in order to continue operating PRETEC's business, including the manufacture, distribution 18 and sale of PCMCIA, CompactFlash and Secure Digital I/O form factor electronic connectors in the 19 United States, after PRETEC's corporate dissolution. 20 21 22 48. GENERAL PATENT CLAIMS ALLEGATIONS ACTICON is the sole and exclusive owner of United States Patent No. 4,603,320,

23 issued on July 29, 1986, entitled "Connector Interface." 24 49. ACTICON is the sole and exclusive owner of United States Patent No. 4,543,450,

25 issued on September 24, 1985, entitled "Integrated Connector and Modem." 26 50. ACTICON is the sole and exclusive owner of United States Patent No 4,972,470,

27 issued on November 20, 1990 entitled "Programmable Connector." 28
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1 issued on August 11, 1987, entitled "Multiple Connector Interface." 2 52. The Patents-in-Suit describe various electronic connectors that convert signals

3 between a computer and certain external devices in order to obtain a desired connecting 4 configuration and/or function. 5 53. ACTICON is informed and believes, and thereon alleges, that prior to on or about

6 November 28, 2006, PRETEC made, used, imported, distributed, offered for sale and/or sold 7 certain products in the United States that infringe upon the Patents-in-Suit, including, but not 8 limited to, CompactFlash form factor I/O devices such as Ethernet and Modem cards, Secure 9 Digital form factor I/O devices such as the Whanto Modem, PCMCIA form factor devices such as 10 Ethernet, Modem and Combo cards, as well as other CompactFlash, SDIO and PCMCIA form 11 factor devices which may be further identified during the course of discovery. 12 54. Despite PRETEC having been placed on actual notice as to its infringing activity

13 prior to the filing of the FIRST COMPLAINT, PRETEC and/or DEFENDANTS, and each of them, 14 continued to refuse to cease and desist from their manufacture, distribution, importation, sale, or 15 offer for sale of the above-referenced Accused Products, and refused to enter into any licensing 16 agreements with ACTICON. 17 55. After the filing of the FIRST COMPLAINT in Acticon Technologies LLC v. Pretec

18 Electronics Corp., et al., Case No. C 06-4679 JF (HRL), PRETEC and/or DEFENDANTS, and 19 each of them, failed and/or refused to cease and desist from their manufacture, distribution, 20 importation, sale, or offer for sale of the above-referenced Accused Products, and refused to enter 21 into any licensing agreements with ACTICON. 22 56. ACTICON is informed and believes, and thereon alleges, that after PRETEC's

23 alleged dissolution on or about November 28, 2006, PTI GLOBAL, INC., the successor to 24 PRETEC, continued to make, use, import, distribute, offer for sale and/or sell certain PRETEC 25 brand products in the United States that infringe upon the Patents-in-Suit, including, but not limited 26 to, PRETEC brand CompactFlash form factor I/O devices such as Ethernet and Modem cards, 27 Secure Digital form factor I/O devices such as the Whanto Modem, PCMCIA form factor devices 28 such as Ethernet, Modem and Combo cards, as well as other CompactFlash, SDIO and PCMCIA
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1 form factor devices which may be further identified during the course of discovery. 2 57. ACTICON is informed and believes, and thereon alleges, that after PRETEC's

3 dissolution on or about November 28, 2006, Defendants CHIU FENG CHEN, TOMMY HO, 4 ROBERT WU, KUEI LU, GRACE YU, GORDON YU and DOES 1 through 20, on behalf of PTI 5 GLOBAL, INC. and/or DOES 1 through 20, continued to make, use, import, distribute, offer for 6 sale and/or sell certain PRETEC brand products in the United States that infringe upon the Patents7 in-Suit, including, but not limited to, PRETEC brand CompactFlash form factor I/O devices such as 8 Ethernet and Modem cards, Secure Digital form factor I/O devices such as the Whanto Modem, 9 PCMCIA form factor devices such as Ethernet, Modem and Combo cards, as well as other 10 CompactFlash, SDIO and PCMCIA form factor devices which may be further identified during the 11 course of discovery. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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COUNT I Direct Infringement ­ All Patents-in-Suit (Against C-ONE) 58. ACTICON repeats and realleges each of the allegations set forth in paragraphs 1

through 57, as though fully set forth herein. 59. ACTICON is informed and believes, and thereon alleges, that C-ONE makes, uses,

imports, distributes, offers for sale and/or sells the Accused Products, and possibly other products that infringe the Patents-in-Suit, and will continue to do so unless enjoined by this Court. 60. C-ONE's conduct in making, using, importing, distributing, offering for sale and/or

selling the Accused Products, and possibly other infringing products, constitutes an infringement of ACTICON'S rights under the Patents-in-Suit. 61. ACTICON is informed and believes, and thereon alleges, that C-ONE is actively

inducing others to infringe, and/or committing acts of contributory infringement of one or more claims of the Patents-in-Suit, through its activities related to making, using, importing, distributing, offering for sale and/or selling the Accused Products, all in violation of 35 U.S.C. § 271. 62. ACTICON has been damaged by C-ONE's infringing conduct, and C-ONE is

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1 on the sale of the Accused Products which are not taken into account in the computation of actual 2 damages, as well as any statutory damages, such as treble damages. Moreover, such conduct is 3 likely to cause substantial harm to ACTICON, unless this Court enjoins the infringing conduct. 4 63. ACTICON is informed and believes, and thereon alleges, that C-ONE's

5 infringement of the Patents-in-Suit has been, and continues to be, willful and deliberate. 6 7 8 9 10 64. WHEREFORE, ACTICON seeks relief as set forth in the Prayer, below. COUNT II Successor Liability ­ All Patents-in-Suit (Against PTI GLOBAL and C-ONE) ACTICON repeats and realleges each of the allegations set forth in paragraphs 1

11 through 63, as though fully set forth herein. 12 65. ACTICON is informed and believes, and thereon alleges, that prior to PRETEC'S

13 dissolution on or about November 28, 2006, PRETEC made, used, imported, distributed, offered 14 for sale and/or sold the Accused Products, and possibly other products that infringe the Patents-in15 Suit through PTI GLOBAL, INC., and/or DOES 1 through 20. 16 66. ACTICON is informed and believes, and thereon alleges, that PRETEC and PTI

17 GLOBAL, INC. share the same shareholders and directors. 18 67. ACTICON is informed and believes, and thereon alleges, that PRETEC transferred

19 its assets to PTI GLOBAL and/or C-ONE for the fraudulent and wrongful purpose of avoiding 20 liability on the claims ACTICON asserted against PRETEC in the FIRST COMPLAINT in Acticon 21 Technologies LLC v. Pretec Electronics Corp., et al., Case No. C 06-4679 JF (HRL). 22 68. ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.

23 is a mere continuation of PRETEC. ACTICON is further informed and believes, and thereon 24 alleges, that PTI GLOBAL, INC. carries on the same business that PRETEC was engaged in prior 25 to PRETEC's dissolution, namely the manufacture, use, importation, distribution, offering for sale 26 and/or selling of PCMCIA, CompactFlash and Secure Digital I/O form factor electronic connectors. 27 69. ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.

28 continues to make, use, import, distribute, offer for sale and/or sell the Accused Products under the
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1 PRETEC brand, and possibly other products that infringe the Patents-in-Suit. ACTICON is 2 informed and believes, and thereon alleges, that PTI GLOBAL, INC. sells exclusively PRETEC 3 products, including, but not limited to, the Accused Products. 4 70. ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.

5 sells PRETEC products online at various locations on the world wide web, including, but not 6 limited to, PTI GLOBAL, INC.'s web site, located at www.ptiglobalusa.com. The homepage of 7 PTI GLOBAL, INC.'s web site contains the header, "Flash Memory Innovation by PRETEC." 8 71. ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.

9 also sells PRETEC products online at PTI GLOBAL, INC.'s storefront in Amazon.com's online 10 marketplace, located at http://www.amazon.com/shops/pti_global. The "About PTI Global Inc." 11 section of PTI GLOBAL, INC.'s storefront, states, "Since 1993, PRETEC brand has been 12 recognized internationally for it's [sic] experience in pioneering innovative and quality products 13 offered to the data storage, mobile computing and industrial markets. PRETEC brand is focused on 14 global markets providing it's [sic] full-line of own brand-name products: USB device storage, 15 Flash memory Card storage, Multi-Media solution, Mobile Peripherals, Multi-Function, Industrial 16 storage and Accessory. PRETEC brand products with unique ID design and highest reliability 17 create PRETEC's winning formula, reaching the customer's needs and enhancing your digital 18 world." 19 72. ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.'s

20 web site lists PTI GLOBAL, INC.'s address as "231 Whitney Place, Fremont, CA 94539" and lists 21 PTI GLOBAL, INC.'s telephone number as "510-249-9055." See 22 http://www.ptiglobalusa.com/info.html. ACTICON is informed and believes, and thereon alleges, 23 that the Technical Contact for PRETEC listed on the WHOIS record for "pretec.com" is an 24 individual whose address is "231 Whitney Place, Fremont, CA 94539" and whose telephone 25 number is "510-249-9055." 26 73. ACTICON is informed and believes, and thereon alleges, that an Internet search for

27 "Pretec Electronics Corporation" in "Fremont, California," performed at the web site 28 www.google.com/maps returns an address of "231 Whitney Place, Fremont, CA 94539" and a
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1 phone number of "(510) 249-9055." ACTICON is informed and believes, and thereon alleges, that 2 an Internet search for "Pretec Electronics Corporation" in "Fremont, California," performed at the 3 web site www.maps.yahoo.com also returns an address of "231 Whitney Place, Fremont, CA 4 94539" and a phone number of "(510) 249-9055." 5
74.

ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.

6 is a successor corporation to PRETEC. ACTICON is informed and believes, and thereon alleges, 7 that (1) PTI GLOBAL INC. shares practically the same shareholders and directors as PRETEC; (2) 8 that PRETEC transferred substantially all of its assets to PTI GLOBAL, INC. and/or C-ONE, but 9 neither PTI GLOBAL, INC. nor C-ONE paid certain of PRETEC's debts or liabilities; and (3) that 10 PTI GLOBAL, INC. carries on the same business as PRETEC conducted prior to PRETEC's 11 dissolution. 12 75. PRETEC's conduct in making, using, importing, distributing, offering for sale

13 and/or selling the Accused Products, and possibly other infringing products, constituted an 14 infringement of ACTICON'S rights under the Patents-in-Suit. 15 76. ACTICON has been damaged by PRETEC's infringing conduct, and as PRETEC's

16 successor, PTI GLOBAL, INC. therefore is liable to ACTICON for actual damages suffered by 17 ACTICON and any profits realized on the sale of the Accused Products which are not taken into 18 account in the computation of actual damages, as well as any statutory damages, such as treble 19 damages. 20 77. ACTICON is informed and believes, and thereon alleges, that PRETEC's

21 infringement of the Patents-in-Suit prior to PRETEC's dissolution was willful and deliberate. 22 23 24 25 26 78. WHEREFORE, ACTICON seeks relief as set forth in the Prayer, below. COUNT III Patent Infringement (Alter Ego) ­ All Patents-in-Suit (Against CHIU FENG CHEN, TOMMY HO, ROBERT WU, GRACE YU, KUEI LU and GORDON YU) ACTICON repeats and realleges each of the allegations set forth in paragraphs 1

27 through 77, as though fully set forth herein. 28
{00309666v1}

79.

ACTICON is informed and believes, and thereon alleges, that Defendants CHIU -14First Amended Complaint C 07-4507 JF (HRL)

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1 FENG CHEN, TOMMY HO, ROBERT WU, GRACE YU, KUEI LU and GORDON YU 2 (hereinafter collectively "INDIVIDUAL DEFENDANTS") were officers, directors and/or majority 3 shareholders of PRETEC. 4 80. ACTICON is informed and believes, and thereon alleges, that the INDIVIDUAL

5 DEFENDANTS, and each of them, are the alter ego of PRETEC in that the INDIVIDUAL 6 DEFENDANTS, among other actions and omissions: (1) commingled funds and other assets, 7 failed to segregate funds of separate entities, and made unauthorized diversions of corporate funds 8 and assets to other than corporate uses; (2) treated the assets of PRETEC as their own; (3) failed to 9 maintain minutes and adequate corporate records and caused the confusion of the records of 10 separate entities; (4) used PRETEC as a mere shell, instrumentality and conduit for a single venture 11 and business of their own device; (5) disregarded the legal formalities of the corporation, and failed 12 to maintain arms-length relationships with PRETEC and their other affiliate entities; (6) used 13 PRETEC's corporate entity to procure labor, services and merchandise for their own benefit and the 14 benefit of their other affiliated entities; and (7) diverted assets of PRETEC to themselves and/or 15 their other affiliated entities, including C-ONE, to the detriment of PRETEC's creditors. 16 81. ACTICON is informed and believes, and thereon alleges, that PRETEC was

17 influenced and governed by the INDIVIDUAL DEFENDANTS and that there is such a unity of 18 interest and ownership that the individuality, or separateness of PRETEC and the INDIVIDUAL 19 DEFENDANTS has ceased and that the INDIVIDUAL DEFENDANTS are the alter ego of 20 PRETEC. ACTICON is further informed and believes, and thereon alleges, that the facts are such 21 that an adherence to the fiction of the separate existence of the PRETEC corporation from the 22 INDIVIDUAL DEFENDANTS would sanction fraud and promote injustice. 23 82. ACTICON is informed and believes, and thereon alleges, that the INDIVIDUAL

24 DEFENDANTS, in their capacities as officers, directors and/or majority shareholders of PRETEC, 25 had been placed on notice of the FIRST COMPLAINT in Acticon Technologies LLC v. Pretec 26 Electronics Corp., et al., Case No. C 06-4679 JF (HRL), and of PRETEC's alleged infringing 27 activity. 28
{00309666v1}

83.

ACTICON is informed and believes, and thereon alleges, that despite the -15First Amended Complaint C 07-4507 JF (HRL)

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1 INDIVIDUAL DEFENDANTS having been placed on notice of the FIRST COMPLAINT, the 2 INDIVIDUAL DEFENDANTS continued to allow and/or assented to PRETEC's making, using, 3 importing, distributing, offering for sale and/or selling the Accused Products. 4 84. PRETEC's conduct in making, using, importing, distributing, offering for sale

5 and/or selling the Accused Products, and possibly other infringing products, constituted an 6 infringement of ACTICON'S rights under the Patents-in-Suit. 7 85. ACTICON is informed and believes, and thereon alleges, that the INDIVIDUAL

8 DEFENDANTS actively induced others to infringe, and/or commit acts of contributory 9 infringement of one or more claims of the Patents-in-Suit, through their activities related to making, 10 using, importing, distributing, offering for sale and/or selling the Accused Products, all in violation 11 of 35 U.S.C. § 271. 12 86. ACTICON has been damaged by PRETEC's infringing conduct, and as the officers,

13 directors and/or majority shareholders of PRETEC, the INDIVIDUAL DEFENDANTS therefore 14 are liable to ACTICON for actual damages suffered by ACTICON, and any profits realized on the 15 sale of the Accused Products which are not taken into account in the computation of actual 16 damages, as well as any statutory damages, such as treble damages. 17 87. ACTICON is informed and believes, and thereon alleges, that PRETEC's

18 infringement of the Patents-in-Suit prior to PRETEC's dissolution was willful and deliberate. 19 88. ACTICON has been damaged by the actions of the INDIVIDUAL DEFENDANTS

20 in that the INDIVIDUAL DEFENDANTS have transferred the assets and corporate funds of 21 PRETEC to deprive PRETEC of the monies and ability to meet its obligations for liability under 22 the FIRST COMPLAINT in Acticon Technologies LLC v. Pretec Electronics Corp., et al., Case No. 23 C 06-4679 JF (HRL). 24 89. ACTICON hereby asserts its claim to recovery of any sums not paid by PRETEC for

25 PRETEC's infringing conduct against the officer, director and majority shareholder INDIVIDUAL 26 DEFENDANTS. 27 28
{00309666v1}

WHEREFORE, ACTICON seeks relief as set forth in the Prayer, below.

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1 2 3 4 90.

COUNT IV Patent Infringement (Vicarious Liability) ­ All Patents-in-Suit (Against CHIU FENG CHEN, TOMMY HO, ROBERT WU, GRACE YU, KUEI LU and GORDON YU) ACTICON repeats and realleges each of the allegations set forth in paragraphs 1

5 through 89, as though fully set forth herein. 6 91. ACTICON is informed and believes, and thereon alleges, that the INDIVIDUAL

7 DEFENDANTS fraudulently and wrongfully transferred the assets of PRETEC to PTI GLOBAL, 8 INC. and/or C-ONE and committed other acts not yet known to Plaintiff in order to avoid liability 9 on the claims asserted against PRETEC in the FIRST COMPLAINT in Acticon Technologies LLC 10 v. Pretec Electronics Corp., et al., Case No. C 06-4679 JF (HRL). 11 92. ACTICON is informed and believes, and thereon alleges, that the INDIVIDUAL

12 DEFENDANTS are the officers, directors and/or majority shareholders of PTI GLOBAL, INC. 13 93. ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.'s

14 infringement of the Patents-in-Suit subsequent to PRETEC's dissolution has been and continues to 15 be willful and deliberate. 16 94. ACTICON has been damaged by the actions of the INDIVIDUAL DEFENDANTS

17 in that the INDIVIDUAL DEFENDANTS have transferred substantially all of the assets and 18 corporate funds of PRETEC to deprive PRETEC of the monies and ability to meet its obligations 19 for liability under the FIRST COMPLAINT in Acticon Technologies LLC v. Pretec Electronics 20 Corp., et al., Case No. C 06-4679 JF (HRL). 21 95. ACTICON hereby asserts its claim to recovery of any sums not paid by PRETEC for

22 PRETEC's infringing conduct against the officer, director and majority shareholder INDIVIDUAL 23 DEFENDANTS. 24 25 COUNT V 26 27 28
{00309666v1}

WHEREFORE, ACTICON seeks relief as set forth in the Prayer, below.

Fraudulent Transfer ­ Civil Code § 3439 et seq. (Against ALL DEFENDANTS) 96. ACTICON repeats and realleges each of the allegations set forth in paragraphs 1 -17First Amended Complaint C 07-4507 JF (HRL)

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1 through 95, as though fully set forth herein. 2 97. ACTICON is informed and believes, and thereon alleges, that PRETEC, PTI

3 GLOBAL, INC., C-ONE and/or the INDIVIDUAL DEFENDANTS fraudulently transferred 4 PRETEC's assets to C-ONE and/or PTI GLOBAL, INC. with the intent to hinder, delay or defraud 5 ACTICON in pursuing its claims arising out of the FIRST COMPLAINT against PRETEC in 6 Acticon Technologies LLC v. Pretec Electronics Corp., et al., Case No. C 06-4679 JF (HRL). 7 98. ACTICON is informed and believes, and thereon alleges, that in order to remove its

8 assets and conceal the transfer of its assets, PRETEC filed for corporate dissolution with the 9 California Secretary of State in November 2006. 10 99. ACTICON is informed and believes, and thereon alleges, that PRETEC, PTI

11 GLOBAL, INC. and/or the INDIVIDUAL DEFENDANTS transferred substantially all of 12 PRETEC's assets to PTI GLOBAL, INC. and/or C-ONE without receiving a reasonably equivalent 13 value in exchange for the transfer and were engaged in a transaction (or series of transactions) for 14 which its remaining assets were unreasonably small in relation to the transactions. 15 100. ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.

16 shares the same officers, directors and majority shareholders as the officers, directors and majority 17 shareholders that PRETEC possessed prior to PRETEC's dissolution. 18 101. ACTICON is informed and believes, and thereon alleges, that the INDIVIDUAL

19 DEFENDANTS were officers, directors and/or majority shareholders of PRETEC prior to 20 PRETEC's dissolution in or about November 2006. ACTICON is informed and believes, and 21 thereon alleges, that the INDIVIDUAL DEFENDANTS were officers, directors and/or majority 22 shareholders of C-ONE prior to PRETEC's dissolution in or about November 2006. 23 102. ACTICON is informed and believes, and thereon alleges, that the INDIVIDUAL

24 DEFENDANTS are the officers, directors and/or majority shareholders of PTI GLOBAL, INC. 25 103. ACTICON is informed and believes, and thereon alleges, that PRETEC did not

26 cease its business operations despite filing a Certificate of Corporate Dissolution with the 27 California Secretary of State. ACTICON is informed and believes, and thereon alleges, that 28
{00309666v1}

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1 PRETEC continues to do business in the United States under the PRETEC ELECTRONICS 2 CORPORATION brand and name and also does business as PTI GLOBAL, INC. 3 104. ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.

4 sells only PRETEC brand products on its web site, located at www.ptiglobalusa.com. ACTICON is 5 further informed and believes, and thereon alleges, that PTI GLOBAL, INC.'s web site was 6 registered in or about February 2007, approximately two months after PRETEC's dissolution. 7 105. ACTICON is further informed and believes, and thereon alleges, that PRETEC

8 issued a press release on or about April 4, 2007, announcing its new Ruggedized Industrial 9 CompactFlash card. A true and correct copy of the April 4, 2007 press release is attached hereto as 10 Exhibit "G", and incorporated by reference. 11 106. ACTICON is informed and believes, and thereon alleges, that PTI GLOBAL, INC.

12 has been and continues to be PRETEC's United States company headquarters office. 13 107. ACTICON is informed and believes, and thereon alleges, that C-ONE was a

14 transferee of PRETEC's fraudulently transferred assets and did not receive a reasonably equivalent 15 value in exchange for the transfer. 16 108. ACTICON has been damaged by PRETEC's, C-ONE's and/or the INDIVIDUAL

17 DEFENDANTS' fraudulent and wrongful transfer of assets to PTI GLOBAL, INC. and/or C-ONE, 18 which prevents ACTICON from collecting any monies due to ACTICON for PRETEC's liabilities 19 under the FIRST COMPLAINT in Acticon Technologies LLC v. Pretec Electronics Corp., et al., 20 Case No. C 06-4679 JF (HRL). 21 109. ACTICON hereby asserts its claim to recovery of any sums not paid by PRETEC

22 ELECTRONICS CORPORATION against the officer, director and majority shareholder 23 INDIVIDUAL DEFENDANTS, C-ONE and PTI GLOBAL. 24 25 /// 26 /// 27 /// 28 ///
{00309666v1}

WHEREFORE, ACTICON seeks relief as set forth in the Prayer, below.

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1 2 3 4 110. COUNT VI Conspiracy to Fraudulently Transfer Assets (Against ALL DEFENDANTS) ACTICON repeats and realleges each of the allegations set forth in paragraphs 1

5 through 109, as though fully set forth herein. 6 111. ACTICON is informed and believes, and thereon alleges, that DEFENDANTS

7 agreed to engage in and engaged in a common course of conduct to fraudulently transfer 8 PRETEC's assets to PTI GLOBAL, INC. and/or C-ONE with the intent to hinder, delay or defraud 9 ACTICON in pursuing its claims against PRETEC arising out of the FIRST COMPLAINT in 10 Acticon Technologies LLC v. Pretec Electronics Corp., et al., Case No. C 06-4679 JF (HRL). 11 112. ACTICON is informed and believes, and thereon alleges, that in furtherance of the

12 conspiracy, DEFENDANTS transferred PRETEC's assets without receiving a reasonably 13 equivalent value in exchange for the transfer and were engaged in a transaction (or series of 14 transactions) for which PRETEC's remaining assets were unreasonably small in relation to the 15 transactions. 16 113. ACTICON is informed and believes, and thereon alleges, that DEFENDANTS

17 committed the acts described in paragraphs 111and 112 intentionally and in furtherance of the 18 conspiracy to commit the unlawful transfer of PRETEC's assets. 19 114. As a result of the above-described fraudulent conveyance, ACTICON has been

20 damaged in an amount according to proof at trial. 21 22 23 24 25 115. Improper Dissolution (Against ALL DEFENDANTS) ACTICON repeats and realleges each of the allegations set forth in paragraphs 1 WHEREFORE, ACTICON seeks relief as set forth in the Prayer, below. COUNT VII

26 through 114, as though fully set forth herein. 27 116. ACTICON is informed and believes, and thereon alleges, that the INDIVIDUAL

28 DEFENDANTS and/or DOES 1 THROUGH 20 participated in a voluntary proceeding for winding
{00309666v1}

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1 up PRETEC. 2 117. ACTICON is informed and believes, and thereon alleges, that PRETEC failed to

3 cease business, all in violation of California Corporations Code Section 1903(c). 4 118. ACTICON is informed and believes, and thereon alleges, that PRETEC improperly

5 filed for corporate dissolution with the California Secretary of State despite knowing of PRETEC's 6 potential liabilities under the claims set forth in the FIRST COMPLAINT in Acticon Technologies 7 LLC v. Pretec Electronics Corp., et al., Case No. C 06-4679 JF (HRL). 8 119. ACTICON is informed and believes, and thereon alleges, that PRETEC fraudulently

9 signed a certificate of dissolution stating that PRETEC's known debts and liabilities have been 10 actually paid, or adequately provided for, or paid or adequately provided for as far as its assets 11 permitted or that it has incurred no known debts or liabilities when in fact, PRETEC's liabilities 12 under the claims set forth in the FIRST COMPLAINT in Acticon Technologies LLC v. Pretec 13 Electronics Corp., et al., Case No. C 06-4679 JF (HRL), had not been paid or adequately provided 14 for, all in violation of California Corporations Code Section 1905(a)(2). 15 120. ACTICON is informed and believes, and thereon alleges, that PRETEC dissolved its

16 corporation and fraudulently and wrongfully transferred its assets to PTI GLOBAL, INC. and/or C17 ONE in order to avoid liability for the claims set forth in the FIRST COMPLAINT in Acticon 18 Technologies LLC v. Pretec Electronics Corp., et al., Case No. C 06-4679 JF (HRL). 19 121. ACTICON has been damaged by the actions of the INDIVIDUAL DEFENDANTS

20 and/or DOES 1 through 20 in that the INDIVIDUAL DEFENDANTS and/or DOES 1 through 20, 21 having fraudulently and wrongfully executed PRETEC's certificate of dissolution and having 22 transferred the assets and corporate funds of PRETEC to deprive PRETEC of the monies and 23 ability to meet its obligations for liability under the FIRST COMPLAINT in Acticon Technologies 24 LLC v. Pretec Electronics Corp., et al., Case No. C 06-4679 JF (HRL), improperly filed for the 25 corporate dissolution of PRETEC. 26 27 28
{00309666v1}

WHEREFORE, ACTICON seeks relief as set forth in the Prayer, below.

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1 2 3 4 5 Suit; 6 3.

PRAYER FOR RELIEF WHEREFORE, ACTICON prays for judgment against DEFENDANTS as follows: 1. 2. On Count I, for judgment that C-ONE has infringed the Patents-in-Suit; On Count I, for judgment that C-ONE has induced infringement of the Patents-in-

On Count I, for judgment that C-ONE's infringement of the Patents-in-Suit is, and

7 has been, willful and deliberate; 8 4. On Count II, for judgment that PTI GLOBAL, INC., PRETEC and C-ONE have

9 infringed the Patents-in-Suit. 10 5. On Count II for judgment that PTI GLOBAL, INC., PRETEC and C-ONE have

11 induced infringement of the Patents-in-Suit; 12 6. On Count II, for judgment that PTI GLOBAL, INC.'s, PRETEC's and C-ONE's

13 infringement of the Patents-In-Suit is, and has been, willful and deliberate; 14 7. On Count III, for judgment that the INDIVIDUAL DEFENDANTS, and each of

15 them, are the alter ego of PRETEC, for damages suffered by ACTICON as a consequence of 16 DEFENDANTS' actions herein and for exemplary and punitive damages; 17 8. On Counts III and IV, for judgment that the INDIVIDUAL DEFENDANTS, and

18 each of them, have infringed the Patents-in-Suit; 19 9. On Counts III and IV, for judgment that the INDIVIDUAL DEFENDANTS, and

20 each of them, induced the infringement of the Patents-in-Suit; 21 10. On Counts III and IV, for judgment that the INDIVIDUAL DEFENDANTS, and

22 each of them, contributorily infringed the Patents-in-Suit; 23 11. On Count IV, for judgment that the INDIVIDUAL DEFENDANTS, and each of

24 them, are vicariously liable for the damage and harm caused by PRETEC's, PTI GLOBAL's and C25 ONE's infringing conduct; 26 12. On Count V, for judgment that DEFENDANTS, and each of them, fraudulently

27 transferred the assets of PRETEC, for damages suffered by ACTICON as a consequence of 28 DEFENDANTS' actions herein and for exemplary and punitive damages;
{00309666v1}

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1

13.

On Count VI, for judgment that DEFENDANTS, and each of them, conspired to

2 fraudulently transfer the assets of PRETEC; 3 14. On Count VII, for judgment that DEFENDANTS, and each of them, improperly

4 dissolved PRETEC; for damages suffered by ACTICON as a consequence of DEFENDANTS' 5 actions herein and for exemplary and punitive damages. 6 15. On Counts I, II, III and IV, for an award of damages pursuant to 35 U.S.C. § 284

7 adequate to compensate ACTICON for DEFENDANTS' infringement of the Patents-In-Suit; but 8 not less than a reasonable royalty, with interest, including pre-judgment interest, and a trebling of 9 such damages in view of the willful and deliberate nature of the infringement; 10 16. On Counts I, II, III and IV, for costs, including expenses and reasonable attorney's

11 fees pursuant to 35 U.S.C. §§ 284 and 285; and 12 13 14 Dated: May ____, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28
{00309666v1}

17.

For further and/or alternative relief as deemed just and proper.

CARR & FERRELL LLP

By: ROBERT J. YORIO COLBY B. SPRINGER CHRISTINE S. WATSON Attorneys for Plaintiff ACTICON TECHNOLOGIES LLC

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1 2 3

DEMAND FOR JURY TRIAL

Plaintiff ACTICON TECHNOLOGIES LLC hereby demands a jury trial of all issues in the

4 above-captioned action which are triable to a jury. 5 6 Dated: May____, 2008 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
{00309666v1}

CARR & FERRELL LLP

By: ROBERT J. YORIO COLBY B. SPRINGER CHRISTINE S. WATSON Attorneys for Plaintiff ACTICON TECHNOLOGIES LLC

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Pretec Announces the World's Fastest and most Rugged Industrial CompactFlashTM Card
San Jose, California, April 3rd, 2007 ­­ Pretec, the pioneer of the highest capacity flash memory cards of CF card (64GB) and USB Flash Drive, will demonstrate the worlds world's fastest and most rugged industrial CompactFlash Card (266X) today at ESC booth 1348. With transfer rates of up to 40MB/sec (UDMA mode 5) and rugged metal construction, Pretec ruggedized Industrial CompactFlashTM card provides the highest performance and most reliable industrial grade storage solution in CompactFlashTM performance, CompactFlashTM form Pretec card also factor. In addition to high

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Industrial low power

consumption allowing for extended battery life in mobile or remote applications without an external power source. Fully compliant with CompactFlashTM Specification, Pretec Ruggedized Industrial

CompactFlashTM utilizes a rugged metal housing which is a standard feature allowing for greater resistance to shock and vibration and is also available in extended and high operating temperature rated versions allowing for operation in harsh environmental conditions from ­20 C to 85 C and ­40 C to 85 C. In addition to high performance and ruggedized features, Pretec Ruggedized Industrial CompactFlashTM card is also available with the implementation of ATAPI-5 Security features allowing for device specific or operator specific security parameters to secure data from unauthorized use and or with mainbord BIOS integration, prevent the installation of an un secured CompactFlashTM Card making it the ideal storage solution for data sensitive applications.

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G

Case 5:07-cv-04507-JF

Document 98-2

Filed 06/02/2008

Page 82 of 82

About Pretec PretecTM (http://www.pretec.com) offers a complete spectrum of small form factor memory cards and card readers such as CF, SD MMC, and USB Flash Drive for digital imaging, mobile communication, and industrial flash markets. Pretec has consistently demonstrated the highest capacity cards first available in the world: such as CF card 80MB, 128MB, 160MB, 320MB, 640MB, 1.5GB, 3GB, 6GB, 12GB and 16GB CF card; the first 1GB and 4GB MMC card; the largest size 8GB and 16GB USB Flash Drive; and the highest capacity SD cards in 4GB and 8GB (SDHC). With more than 100 patents granted or filed, Pretec has also been offering the highest speed cards in the world such as CF 80X (2004), MMC 4.0 150X (2004), USB 166X/266X (2005), SD 133X (2005), MMCplusTM 266X (2005); and smallest size USB Flash drive in the world such as i-Disk Tiny ("Best Gear of 2003" by TIME Magazine), i-Disk Diamond (also known as Cu-Flash) (2005).
*For more information, please visit www.pretec.com *Note: i-Disk, i-Disk Tiny, or i-Disk Diamond are trademarks of Pretec Electronics Corporation. All other trademarks mentioned herein are recognized as the property of their respective holders.

News Contact Window: Worldwide Sally Hsuan TEL: +886-2-26594380 [email protected] USA & Canada Brian Grundell TEL: +1-510-249-9055 [email protected] Europe Joachim Kürten TEL: +49-2921981080 [email protected]

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