Smart Destinations, Inc.

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12. On information and belief, Academy Bus makes, uses, sells, offers for sale, and/orimports products and services, including smartcard based attraction passes marketed as the NewYork Pass and the Philadelphia Pass.

13. On information and belief, Academy Bus Company makes, uses, sells, offers for sale,and/or imports products and services, including smartcard based attraction passes marketed asthe New York Pass and the Philadelphia Pass.

First Cause ofAction(Leisure Pass North America's Infringement of the '128 Patent)14. Smart Destinations incorporates by reference each of the foregoing paragraphs, as if fully

stated herein.15. On information and belief, Defendant Leisure Pass North America infringes and/or is

liable for the infringement of the '128 Patent under 35 U.S.C. 271 (literally and/or byequivalents), including at least by making, using, selling, offering to sell and/or importingproducts covered by one or more claims thereof- or by performing any method claimed therein- within the United States, and/or contributing to or inducing such infringement.

16. On information and belief, Defendant Leisure Pass North America has known of the '128Patent since at least November 2010.

17. On information and belief, Defendant Leisure Pass North America's infringement of the'128 Patent has been willful, has caused and will continue to cause Smart Destinations to suffersubstantial damages, and has caused and will continue to cause Smart Destinations to sufferirreparable harm for which there is no adequate remedy at law.

Second Cause ofAction(Leisure Pass Group's Infringement of the '128 Patent)18. Smart Destinations incorporates by reference each of the foregoing paragraphs, as if fully

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stated herein.19. On information and belief, Defendant Leisure Pass Group infringes and/or is liable for

the infringement of the '128 Patent under 35 U.S.C. 271 (literally and/or by equivalents),including at least by making, using, selling, offering to sell and/or importing products covered byone or more claims thereof- or by performing any method claimed therein - within the UnitedStates, and/or contributing to or inducing such infringement.

20. On information and belief, Defendant Leisure Pass Group has known of the '128 Patentsince at least November 2010.

21. On information and belief, Defendant Leisure Pass Group's infringement of the '128Patent has been willful, has caused and will continue to cause Smart Destinations to suffersubstantial damages, and has caused and will continue to cause Smart Destinations to sufferirreparable harm for which there is no adequate remedy at law.

Third Cause of Action(Academy Bus' Infringement of the '128 Patent)22. Smart Destinations incorporates by reference each of the foregoing paragraphs, as if fully

stated herein.23. On information and belief, Defendant Academy Bus infringes and/or is liable for the

infringement of the '128 Patent under 35 U.S.C. 271 (literally and/or by equivalents), includingat least by making, using, selling, offering to sell and/or importing products covered by one ormore claims thereof- or by performing any method claimed therein - within the United States,and/or contributing to or inducing such infringement.

24. On information and belief, Defendant Academy Bus has known of the '128 Patent sinceat least November 2010.

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25. On information and belief, Defendant Academy Bus' infringement of the' 128 Patent hasbeen willful, has caused and will continue to cause Smart Destinations to suffer substantialdamages, and has caused and will continue to cause Smart Destinations to suffer irreparableharm for which there is no adequate remedy at law.

Fourth Cause of Action(Academy Bus Company's Infringement of the '128 Patent)26. Smart Destinations incorporates by reference each of the foregoing paragraphs, as if fully

stated herein.27. On information and belief, Defendant Academy Bus Company infringes and/or is liable

for the infringement of the '128 Patent under 35 U.S.C. 271 (literally and/or by equivalents),including at least by making, using, selling, offering to sell and/or importing products covered byone or more claims thereof- or by performing any method claimed therein - within the UnitedStates, and/or contributing to or inducing such infringement.28. On information and belief, Defendant Academy Bus Company has known of the '128

Patent since at least November 2010.29. On information and belief, Defendant Academy Bus Company's infringement of the '128

Patent has been willful, has caused and will continue to cause Smart Destinations to suffersubstantial damages, and has caused and will continue to cause Smart Destinations to sufferirreparable harm for which there is no adequate remedy at law.

Prayer for ReliefWHEREFORE, Smart Destinations respectfully requests the following relief:

1. enjoin Leisure Pass North America and its affiliates, subsidiaries, officers, directors,employees, agents, representatives, licensees, successors, assigns, and all those acting for any of

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them or on their behalf, or acting in concert with them, from further infringement of the' 128Patent;

2. enjoin Leisure Pass Group and its affiliates, subsidiaries, officers, directors, employees,agents, representatives, licensees, successors, assigns, and all those acting for any of them or ontheir behalf, or acting in concert with them, from further infringement of the '128 Patent;

3. enjoin Academy Bus and its affiliates, subsidiaries, officers, directors, employees, agents,representatives, licensees, successors, assigns, and all those acting for any of them or on theirbehalf, or acting in concert with them, from further infringement of the' 128 Patent;

4. enjoin Academy Bus Company and its affiliates, subsidiaries, officers, directors,employees, agents, representatives, licensees, successors, assigns, and all those acting for any ofthem or on their behalf, or acting in concert with them, from further infringement of the '128Patent;

5. award Smart Destinations compensatory damages, costs, prejudgment interest andpostjudgment interest for the infringement of the '128 Patent alleged herein;

6. award Smart Destinations treble damages for willful patent infringement;7. declare this to be an exceptional case under 35 U.S.C. 285 and award Smart

Destinations its reasonable attorneys' fees; and8. award such other and further reliefas the Court may deem just and proper.

Demand for JUry Trial

Smart Destinations hereby demands a trial by jury of all issues so triable in this action.

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Dated: July 28,2011

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Respectfully Submitted,Smart Destinations, Inc.By its Attorneys,

~ o 563,414)[email protected] 1. Silva (BBO No. 673,935)[email protected] & Lardner, LLP111 Huntington AvenueBoston, MA 02199Phone: 617-342-4000Fax: 617-342-4001

Smart Destinations, Inc.

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