COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 - 3CASE NO.
98104-2682 Telephone: (206) 676-7000Fax: (206) 676-7001
1234567891011121314151617181920212223242526 boring beetles, cockroaches, scorpions, and dust mites) and rodents. ThermaPure’s patented and proprietary processes are also used in construction dryout and in the removal of toxic chemicalssuch as volatile organic compounds.9.
Plaintiff owns all right, title, interest in and has standing to sue for the infringementof United States Patent No. 6,327,812 entitled, “Method of Killing Organisms and Removal of Toxins in Enclosures” which was duly granted by the United States Patent and Trademark Officeon December 11, 2001 (“the ‘812 Patent”). A true and correct copy of the ‘812 Patent is attached as Exhibit 1.10.
The ‘812 Patent is valid and enforceable.11.
Defendants have infringed and continue to infringe the ‘812 Patent by making,using, selling, or offering to sell in the United States products, devices or methods known as“Water Out” that embody or otherwise practice one or more of the claims of the ‘812 Patent, or byotherwise contributing to infringement or inducing others to infringe the ‘812 Patent. Plaintiff isinformed and believes that the acts of infringement occurred in the State of Washington, Clark County.12.
The infringing activities of Defendants’ are and have been without theauthorization of Plaintiff.13.
On information and belief, Plaintiff alleges that Defendants’ infringement of ‘812Patent is and has been willful and deliberate. Due to the intentional nature of Defendants’ acts,this is an exceptional case in which Plaintiff is entitled to treble damages, attorneys’ fees and costs pursuant to 35 U.S.C. §§ 284 and 285.14.
Defendants had knowledge of the lawsuit and resulting verdict entered in the actionentitled,
ThermaPure, Inc. v. Water Out Drying Corp
., United States District Court for the EasternDistrict of Texas, Case No. 2:06-CV-453, in which Water Out equipment, which is used byDefendants, was found to infringe ThermaPure’s rights in the ‘812 Patent. Defendants learned of the lawsuit and verdict of infringement through: (1) information provided to them by Water Out