Alan F. Blakley, Esq.

CR MILES, PC 405 Mason Court, Suite 119 Fort Collins, Colorado 80524 970 492 0000 fax 970 492 0003 afblakley@crmiles.com

Attorneys for LOKEN-FLACK, LLC and LYNN LOKEN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action, File Number _______ ______________________________ LOKEN-FLACK, LLC, a Colorado Limited Liability Company, and LYNN LOKEN, Plaintiffs, v. NOVOZYMES BIOAG, INC., a Delaware Corporation, Defendant. ______________________________ ) ) ) ) ) ) ) ) ) ) ) ) )

COMPLAINT and JURY DEMAND

NOW COME LYNN LOKEN and LOKEN-FLACK, LLC, by and through counsel, Alan F. Blakley, Esq., of CR MILES, PC, and for their complaint allege as follows: JURISDICTION and VENUE 1. This Court has original jurisdiction over this Complaint pursuant to 35 U.S.C.

256 (Correction of Inventorship), as well as 28 U.S.C. 1331 (Federal Question), 28 U.S.C. 2201 (Declaratory Judgment), and 28 U.S.C. 1338(a) (Patent Affairs). 2. Venue is proper pursuant to 28 U.S.C. 1391(b)(2) because a substantial part of

the events giving rise to the claims occurred in this district. Complaint and Demand for Jury Trial Page 1 of 5

PARTIES 3. Loken-Flack, LLC (Loken-Flack) is a Colorado limited liability company,

having its principal place of business in Loveland, Colorado. 4. 5. Lynn Loken is an individual residing in Loveland, Colorado. Novozymes Bioag, Inc. (Bioag) is a Delaware corporation, having its principal

place of business in the State of Wisconsin. FACTS 6. On January 22, 2013, the United States Patent and Trademark Office issued entitled Lipo-chitooligosaccharide combination

United States Patent Number 8,357,631

compositions for enhanced plant growth and yield (the 631 Patent) to Bioag as assignee of the patent. 7. During 2004, Lynn, a principal of Loken-Flack, began to develop alternate ways

to use organically derived colloidals (ODC) for plant growth and crop yield enhancement that it had been marketing. 8. During 2004, Lynn considered and researched ODCs combination with other

compounds that might enhance plant growth and crop yield. 9. Lynn considered combining ODC with the compositions sold by Nitragin, owned

by Merck KGaA, (Nitragin) to enhance plant growth and crop yield over the efficacy of either composition alone; and believed ODC combined with Nitragins lipo-chitooligosaccharide composition (LC) would be very effective. 10. 11. Nitragin is the predecessor of Bioag. Loken-Flack did not have the ability to conduct experiments on crops in which

ODC would be combined with Nitragin compositions, such as LC.

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12.

Loken-Flack contacted Nitragin and the parties entered into confidential

discussions to test Lynns hypothesis that combining ODC and LC would produce efficacy beyond either composition alone. 13. On January 1, 2005, Loken-Flack and Nitragin entered into a Materials Transfer

and Testing Agreement under which Loken-Flack supplied ODC to Nitragin for Nitragins combining with LC for testing. 14. Nitragin and its successor Bioag tested the combination of ODC and LC in

varying concentrations as suggested by Loken-Flack. 15. The tests of the combination of ODC and LC were successful and the data from

those tests were included in United States Patent Application 12/521,375, the application that formed the basis for the 631 Patent. 16. 17. Lynn was not named as an inventor of the 631 Patent. Lynn and Loken-Flack have requested that Bioag correct the inventorship of the

631 Patent by adding him as an inventor. Bioag has refused. 18. None of the persons listed as inventors of the 631 Patent have an ownership

interest in the patent because they have assigned their interest to Bioag. 19. Lynn indirectly, as a principal of Loken-Flack, and directly, through contract, has

assigned his ownership interest in the 631 Patent to Loken-Flack. CORRECTION OF INVENTORSHIP 20. This Court has the authority to declare the correct inventorship of a patent

pursuant to 35 U.S.C. 256 and 28 U.S.C. 2201. 21. Lynn is an inventor of the 631 Patent.

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22.

The inventorship of the 631 Patent is incorrect. Claimed subject matter was

invented by Lynn or derived from work done by him. 23. Loken-Flack is entitled to an order directing the United States Patent and

Trademark Office to correct the inventorship of the 631 patent by adding Lynn as a named inventor. 24. Until the issue of correction of inventorship has been judicially resolved both

Loken-Flack and Bioag are effectively precluded from effectively commercializing the 631 Patent, as the issue remains as a cloud on the title of the patent and dissuades companies from licensing or investing in the products embodying the 631 Patent. RELIEF REQUESTED PLAINTIFFS PRAY THIS COURT FOR THE FOLLOWING RELIEF: A. B. A declaration that Lynn is an inventor of the 631 Patent; An order directing the United States Patent and Trademark Office to correct the

inventorship of the 631 patent by adding Lynn Loken as a named inventor; C. An award of attorneys fees to plaintiffs as allowed by 35 U.S.C. 285 based on

Bioags failure to add Lynn as an inventor. D. Such further relief as may be just.

Respectfully submitted, this 20th day of June 2013. /s/ Alan F. Blakley, Esq. Alan F. Blakley CR MILES, PC 405 Mason Court, Suite 119 Ft. Collins, Colorado 80524 970 492 0000 fax 970 492 0003 afblakley@crmiles.com

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DEMAND FOR JURY TRIAL NOW COME PLAINTIFFS, LYNN LOKEN and LOKEN-FLACK, LLC, by and through counsel of record and demand a trial by jury for all matters so triable in the foregoing complaint. Respectfully submitted, this 20th day of June 2013.

/s/ Alan F. Blakley, Esq. Alan F. Blakley CR MILES, PC 405 Mason Court, Suite 119 Ft. Collins, Colorado 80524 970 492 0000 fax 970 492 0003 afblakley@crmiles.com

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