Susan Progoff Jonathan Montealm ] 2 civ O 1 6 9 DORSEY & WHITNEY LLP = 51 West 52™ Street New York, New York 10019 Pel: (212) 415-9200 E-mail: progoff.susan@dorsey.com Stuart R, Hemphill Jeffrey R. Cadwell DORSEY & WHITNEY LLP Suite 1500, 50 South Sixth Street Minneapolis, Minnesota 55402-1498 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK REGENTS OF THE UNIVERSITY OF MINNESOTA and NCS PEARSON, INC., Plaintiffs, Civil Action No. v ANDREW DOBSON, KAZAN CORP. and KAZSERV INC., Defendants. COMPLAINT Nature of the Action and Jurisdiction 1. This is an action for copyright infringement under the United States Copyright Act, 17 US.C.§ 101, et seq. 2. Jurisdiction is provided for under 28 U.S.C. §§ 1331 and 1338(@). Parties 3. Plaintiff Regents of the University of Minnesota (“Regents”) is an institution of higher education and a constitutional corporation established by the laws andConstitution of the State of Minnesota, and has its principal place of business at 600 McNamara ‘Alumni Center, 200 Oakland Street SE, Minneapolis, Minnesota $5455, 4, Plaintiff NCS Pearson, Inc. (“Pearson”) is a Minnesota corporation having its principal place of business at 5601 Green Valley Drive, Bloomington, Minnesota 55437. 5. Upon information and belief, defendant Andrew Dobson is an individual residing in New Zealand who has consented to the jurisdiction of this Court. 6. Upon information and belief, defendant Kazan Corp. is a New York corporation that claims to have a place of business at P.O, Box 6369, New York, New York 10150-6369. 7. Upon information and belief, defendant KazServ Ine. is a New York corporation that claims to have a place of business at 1383 6th Avenue #108, New York, New York 10019. Facts 8. Prior to May 8, 1942, Starke R. Hathaway and J. Charley McKinley created and wrote the original version of an original work of authorship entitled the Minnesota Multiphasic Personality Schedule, which was first published by the University of Minnesota Press on May 8, 1942. Shortly thereafter, the Minnesota Multiphasic Personality Schedule was renamed the Minnesota Multiphasic Personality Inventory (“the MMPI”), Other versions of the MMPI test containing revisions and updates resulting frum further study and research were later authored by Hathaway and McKinley and published by the University of Minnesota Press or licensees of the University of 9. Onor around August 14, 1989, the University of Minnesota Pres introduced an updated version of the MMPI test, entitled the Minnesota Multiphasic Personality 2Inventory-2 (“the MMPI-2”; collectively, with all prior versions, referred to hereinafter as “the introduction, all versions of the Work have been restricted to purchase only by Work”), Sines qualified psychological professionals or entities. 10, Plaintiff Pearson is the exclusive licensee of plaintiff Regents and has the sole right to distribute commercially and in English the Work, including the MMPI-2 test, in the United States. 11. Bach version of the Work contains material wholly original with the authors and is copyrightable subject matter under the United States copyright laws. 12. After the ereation of each version of the Work, plaintiff Regents complied in all respects with the Copyright Act of 1909, 17 U.S.C. § 1, et seq., and the Copyright Act of 1976, 17 U.S.C. § 101, et seq., as applicable, including the affixation of copyright notice, deposit of copyrighted materials, application for registration, and payment of fees. 13. The Work is the subject of the following registrations in the United States Copyright Office: Title Reg. No. / Renewal No. (if applicable) ‘A Multiphasic Personality Schedule (Minnesota): Il. A | B. 479185 / R 438857 differential Study of Hypochondriasis, Journal of Psychology, Vol. 10, October 28, 1940 The Minnesota Multiphasic Personality AA 402456 / R 478857 Schedule/Manual Manual for the Minnesota Multiphasic Personality AA 418866 / R 480414 Inventory Supplementary Manual for the Minnesota Multiphasie | AA 42823 / R 571995 Inventory Minnesota Multiphasic Personality Inventory (MMPI) | A 954009 / R 620278 profile sheet Minnesota Multiphasic Personality Inventory Manual _| A $7392 / RE 35-270 Minnesota Multiphasie Personality Inventory Manual | A 942883 3.