BRENT P. LORIMER (A3731; blorimer@wnlaw.com) THOMAS R. VUKSINICK (A3341; tvuksinick@wnlaw.com) SARAH E. JELSEMA (13885; sjelsema@wnlaw.

com) WORKMANNYDEGGER A PROFESSIONAL CORPORATION 60 East South Temple, Suite 1000 Salt Lake City, UT 84111 Telephone: (801) 533-9800 Facsimile: (801) 328-1707 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION ULTRADENT PRODUCTS, INC., a Utah corporation, Plaintiff, v. RANIR LLC, a Delaware limited liability company, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:13-cv-00361 COMPLAINT JURY TRIAL DEMANDED Honorable Magistrate Judge Evelyn J. Furse

Plaintiff Ultradent Products, Inc. complains and alleges against defendant Ranir LLC, as follows: PARTIES 1. Plaintiff Ultradent Products, Inc., (Ultradent) is a Utah corporation having a

principal place of business at 505 West 10200 South, South Jordan, Utah 84065. 2. Defendant Ranir LLC (Ranir) is a Delaware limited liability company with its

principal place of business at 4701 East Paris Avenue, S.E., Grand Rapids, MI 49512.

JURISDICTION AND VENUE 3. This is a civil action for patent infringement brought by Ultradent for

infringement committed by Ranir arising under the patent laws of the United States, and more specifically, under Title 35 U.S.C. 271, 281, 283, 284 and 285. Jurisdiction of this court is founded upon 28 U.S.C. 1331 and 1338(a). 4. Upon information and belief, Ranir has transacted business, contracted to supply

goods or services, and caused injury within the state of Utah, and has otherwise purposely availed itself of the privileges and benefits of the laws of the state of Utah, and is therefore subject to the jurisdiction of this court pursuant to Fed.R.Civ.P. 4(k)(1)(A) and 78B-3-205, Utah Code Ann. 5. Venue is proper in this district pursuant to 28 U.S.C. 1400(b) and 1391. FACTUAL BACKGROUND 6. U.S. Patent No. 6,730,316 (the 316 patent) issued on May 4, 2004 bearing the

title Dental Bleach. (Exhibit A.) 7. U.S. Patent No. 7,128,899 (the 899 patent) issued on October 31, 2006 bearing

the title Bleaching Device Comprising Barrier Layer and a Bleaching Composition Comprising Polyvinylpyrrolidone. (Exhibit B). 8. U.S. Patent No. 7,862,801 (the 801 patent) issued on January 4, 2011 bearing

the title Adhesive Dental Bleaching Compositions Comprising Polyvinylpyrrolidone. (Exhibit C).

9.

U.S. Patent No. 7,004,756 (the 756 patent) issued on February 28, 2006

bearing the title Pre-shaped Dental Trays and Treatment Devices and Methods that Utilize Such Dental Trays. (Exhibit D). 10. U.S. Patent No. 6,964,571 (the 571 patent) issued on November 15, 2005

bearing the title Pre-shaped Dental Trays and Treatment Devices and Methods that Utilize Such Dental Trays. (Exhibit E). 11. U.S. Patent No. 7,481,653 (the 653 patent) issued on January 27, 2009 bearing

the title Pre-shaped Thin-Walled Dental Trays and Methods of Manufacturing and Using Such Trays. (Exhibit F). 12. U.S. Patent No. 7,048,543 (the 543 patent) issued on May 23, 2006 bearing the

title Substantially Solid Bleaching Composition and a Tray-Like Configuration. (Exhibit G). 13. U.S. Patent No. 8,007,277 (the 277 patent) issued on August 30, 2011 bearing

the title Non-custom Dental Treatment Trays and Mouth Guards Having Improved Anatomical Features. (Exhibit H). 14. U.S. Patent No. 8,444,413 (the 413 patent) issued on May 21, 2013 bearing the

title Non-custom Dental Treatment Trays Having Improved Anatomical Features. (Exhibit I). 15. Ultradent is the owner by assignment of the 316, 899, 801, 756, 571, 653,

543, 277, and 413 patents (the Asserted Patents). 16. Prior to the filing of this Complaint Ranir approached Ultradent in an attempt to

license the 899 and 801 patents. Ultradent did not agree to license the 899 and 801 patents to Ranir, but during the negotiations Ranir was given copies of the 316, 756, 653, 543, and 277 patents.

17.

On information and belief, Ranir manufactures, has manufactured under its

authority, and/or sells various dental bleaching products that include a dental bleaching composition containing polyvinylpyrrolidone adjacent to a water-resistant barrier layer under various brand names, including, among others, the following: (a) Walgreen brand Whitening Dental Strips, Premium, Whitening Film, and Whitening Dental Wraps, (b) Rite-Aid brand Advanced Whitening Wraparounds, (c) Target brand 7 day Advanced Whitening Wraps and Premium Whitening Strips, (d) Shopko brand Advanced Whitening Wraps, (e) Kroger brand Whitening Wraps, (f) Walmart brand Equate, Xtreme Whitening Wraps and Equate, Dry Touch Whitening Trays, and (g) Ranir brand Xtreme Whitening Wraps and Dry Touch Whitening Trays (collectively the Accused Products). 18. On information and belief, Ranir knows the ingredients and the formulas for

dental bleaching compositions of the Accused Products and the characteristics possessed by dental bleaching compositions of the Accused Products during the manufacturing process. FIRST CLAIM INFRINGEMENT OF U.S. PATENT NO. 6,730,316 19. Ultradent hereby incorporates the allegations of paragraphs 1-18 of this

Complaint into the First Claim for Relief as though fully set forth herein. 20. Defendant Ranir has made and/or sold and continues to make and/or sell dental

bleaching compositions within the scope of at least one claim of the 316 patent, including the dental bleaching compositions of one or more of the Accused Products, without license or authority from Ultradent and in violation of Ultradents rights, thereby directly infringing at least one claim of the 316 patent.

21.

Upon information and belief, Ranir has had actual notice of the existence of the

316 patent, and despite such notice continues to willfully, wantonly and deliberately engage in acts of infringement as that term is defined in 35 U.S.C. 271, without regard to the 316 patent, and will continue to do so unless otherwise enjoined by this Court. 22. Ultradent has been and will continue to be damaged by the infringing conduct of

Ranir, in an amount to be established upon proper proof at trial. Further, the harm to Ultradent arising from acts of infringement of the 316 patent by Ranir is not fully compensable by money damages, but rather, results in irreparable harm to Ultradent. SECOND CLAIM INFRINGEMENT OF U.S. PATENT NO. 7,128,899 23. Ultradent hereby incorporates the allegations of paragraphs 1-18 of this

Complaint into the Second Claim for Relief as though fully set forth herein. 24. Defendant Ranir has made and/or sold and continues to make and/or sell dental

bleaching products within the scope of at least one claim of the 899 patent, including one or more of the Accused Products, without license or authority from Ultradent and in violation of Ultradents rights, thereby directly infringing at least one claim of the 899 patent. 25. Upon information and belief, Ranir has had actual notice of the existence of the

899 patent, and despite such notice continues to willfully, wantonly and deliberately engage in acts of infringement as that term is defined in 35 U.S.C. 271, without regard to the 899 patent, and will continue to do so unless otherwise enjoined by this Court. 26. Ultradent has been and will continue to be damaged by the infringing conduct of

Ranir, in an amount to be established upon proper proof at trial. Further, the harm to Ultradent

arising from acts of infringement of the 899 patent by Ranir is not fully compensable by money damages, but rather, results in irreparable harm to Ultradent. THIRD CLAIM INFRINGEMENT OF U.S. PATENT NO. 7,862,801 27. Ultradent hereby incorporates the allegations of paragraphs 1-18 of this

Complaint into the Third Claim for Relief as though fully set forth herein. 28. Defendant Ranir has made and/or sold and continues to make and/or sell dental

bleaching compositions within the scope of at least one claim of the 801 patent, including the dental bleaching compositions of one or more of the Accused Products, without license or authority from Ultradent and in violation of Ultradents rights, thereby directly infringing at least one claim of the 801 patent. 29. Upon information and belief, Ranir has had actual notice of the existence of the

801 patent, and despite such notice continues to willfully, wantonly and deliberately engage in acts of infringement as that term is defined in 35 U.S.C. 271, without regard to the 801 patent, and will continue to do so unless otherwise enjoined by this Court. 30. Ultradent has been and will continue to be damaged by the infringing conduct of

Ranir, in an amount to be established upon proper proof at trial. Further, the harm to Ultradent arising from acts of infringement of the 801 patent by Ranir is not fully compensable by money damages, but rather, results in irreparable harm to Ultradent.

FOURTH CLAIM INFRINGEMENT OF U.S. PATENT NO. 7,004,756 31. Ultradent hereby incorporates the allegations of paragraphs 1-18 of this

Complaint into the Fourth Claim for Relief as though fully set forth herein. 32. Defendant Ranir has made and/or sold and continues to make and/or sell dental

bleaching products within the scope of at least one claim of the 756 patent, including one or more of the Accused Products, without license or authority from Ultradent and in violation of Ultradents rights, thereby directly infringing at least one claim of the 756 patent. 33. Upon information and belief, Ranir has had actual notice of the existence of the

756 patent, and despite such notice continues to willfully, wantonly and deliberately engage in acts of infringement as that term is defined in 35 U.S.C. 271, without regard to the 756 patent, and will continue to do so unless otherwise enjoined by this Court. 34. Ultradent has been and will continue to be damaged by the infringing conduct of

Ranir, in an amount to be established upon proper proof at trial. Further, the harm to Ultradent arising from acts of infringement of the 756 patent by Ranir is not fully compensable by money damages, but rather, results in irreparable harm to Ultradent. FIFTH CLAIM INFRINGEMENT OF U.S. PATENT NO. 6,964,571 35. Ultradent hereby incorporates the allegations of paragraphs 1-18 of this

Complaint into the Fifth Claim for Relief as though fully set forth herein. 36. Defendant Ranir has made and/or sold and continues to make and/or sell dental

bleaching products within the scope of at least one claim of the 571 patent, including one or

more of the Accused Products, without license or authority from Ultradent and in violation of Ultradents rights, thereby directly infringing at least one claim of the 571 patent. 37. Upon information and belief, Ranir has had actual notice of the existence of the

571 patent, and despite such notice continues to willfully, wantonly and deliberately engage in acts of infringement as that term is defined in 35 U.S.C. 271, without regard to the 571 patent, and will continue to do so unless otherwise enjoined by this Court. 38. Ultradent has been and will continue to be damaged by the infringing conduct of

Ranir, in an amount to be established upon proper proof at trial. Further, the harm to Ultradent arising from acts of infringement of the 571 patent by Ranir is not fully compensable by money damages, but rather, results in irreparable harm to Ultradent. SIXTH CLAIM INFRINGEMENT OF U.S. PATENT NO. 7,481,653 39. Ultradent hereby incorporates the allegations of paragraphs 1-18 of this

Complaint into the Sixth Claim for Relief as though fully set forth herein. 40. Defendant Ranir has made and/or sold and continues to make and/or sell dental

bleaching products within the scope of at least one claim of the 653 patent, including one or more of the Accused Products, without license or authority from Ultradent and in violation of Ultradents rights, thereby directly infringing at least one claim of the 653 patent. 41. Upon information and belief, Ranir has had actual notice of the existence of the

653 patent, and despite such notice continues to willfully, wantonly and deliberately engage in acts of infringement as that term is defined in 35 U.S.C. 271, without regard to the 653 patent, and will continue to do so unless otherwise enjoined by this Court.

42.

Ultradent has been and will continue to be damaged by the infringing conduct of

Ranir, in an amount to be established upon proper proof at trial. Further, the harm to Ultradent arising from acts of infringement of the 653 patent by Ranir is not fully compensable by money damages, but rather, results in irreparable harm to Ultradent. SEVENTH CLAIM INFRINGEMENT OF U.S. PATENT NO. 7,048,543 43. Ultradent hereby incorporates the allegations of paragraphs 1-18 of this

Complaint into the Seventh Claim for Relief as though fully set forth herein. 44. Defendant Ranir has made and/or sold and continues to make and/or sell dental

bleaching products within the scope of at least one claim of the 543 patent, including one or more of the Accused Products, without license or authority from Ultradent and in violation of Ultradents rights, thereby directly infringing at least one claim of the 543 patent. 45. Upon information and belief, Ranir has had actual notice of the existence of the

543 patent, and despite such notice continues to willfully, wantonly and deliberately engage in acts of infringement as that term is defined in 35 U.S.C. 271, without regard to the 543 patent, and will continue to do so unless otherwise enjoined by this Court. 46. Ultradent has been and will continue to be damaged by the infringing conduct of

Ranir, in an amount to be established upon proper proof at trial. Further, the harm to Ultradent arising from acts of infringement of the 543 patent by Ranir is not fully compensable by money damages, but rather, results in irreparable harm to Ultradent.

EIGHTH CLAIM INFRINGEMENT OF U.S. PATENT NO. 8,007,277 47. Ultradent hereby incorporates the allegations of paragraphs 1-18 of this

Complaint into the Eighth Claim for Relief as though fully set forth herein. 48. Defendant Ranir has made and/or sold and continues to make and/or sell dental

bleaching products within the scope of at least one claim of the 277 patent, including one or more of the Accused Products, without license or authority from Ultradent and in violation of Ultradents rights, thereby directly infringing at least one claim of the 277 patent. 49. Upon information and belief, Ranir has had actual notice of the existence of the

277 patent, and despite such notice continues to willfully, wantonly and deliberately engage in acts of infringement as that term is defined in 35 U.S.C. 271, without regard to the 277 patent, and will continue to do so unless otherwise enjoined by this Court. 50. Ultradent has been and will continue to be damaged by the infringing conduct of

Ranir, in an amount to be established upon proper proof at trial. Further, the harm to Ultradent arising from acts of infringement of the 277 patent by Ranir is not fully compensable by money damages, but rather, results in irreparable harm to Ultradent. NINTH CLAIM INFRINGEMENT OF U.S. PATENT NO. 8,444,413 51. Ultradent hereby incorporates the allegations of paragraphs 1-18 of this

Complaint into the Ninth Claim for Relief as though fully set forth herein. 52. Defendant Ranir has made and/or sold and continues to make and/or sell dental

bleaching products within the scope of at least one claim of the 413 patent, including one or

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more of the Accused Products, without license or authority from Ultradent and in violation of Ultradents rights, thereby directly infringing at least one claim of the 413 patent, and will continue to do so unless otherwise enjoined by this Court. 53. Ultradent has been and will continue to be damaged by the infringing conduct of

Ranir, in an amount to be established upon proper proof at trial. Further, the harm to Ultradent arising from acts of infringement of the 413 patent by Ranir is not fully compensable by money damages, but rather, results in irreparable harm to Ultradent. WHEREFORE, Ultradent prays: A. For judgment holding Ranir liable for infringement of the 316, 899, 801, 756,

571, 653, 543, 277, and 413 patents; B. For a preliminary and permanent injunction enjoining Ranir, their officers, agents,

servants, employers and attorneys, and all other persons in active concert or participation with them from further infringement of the 316, 899, 801, 756, 571, 653, 543, 277 and 413 patents; C. That Ranir be ordered to deliver up for destruction all infringing dental bleaching

compositions and products; D. For an award to Ultradent of its damages, and that such damages be trebled in

view of the willful and deliberate nature of Ranirs infringement; E. That this be declared an exceptional case, and that Ultradent be awarded its

attorneys fees; F. For an award of Ultradent's costs of this action; and

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G.

For such other and further relief as this court deems Ultradent may be entitled in

law and in equity. JURY DEMAND Plaintiff Ultradent demands a trial by jury on all issues triable to a jury as a matter of right. DATED this 21st day of May, 2013. WORKMAN NYDEGGER

By

/s/ Thomas R. Vuksinick BRENT P. LORIMER THOMAS R. VUKSINICK SARAH E. JELSEMA 60 East South Temple, Suite 1000 Salt Lake City, UT 84111 (801) 533-9800 (801) 328-1707 (FAX)

Attorneys for Plaintiff

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