COMPLAINT FOR PATENT INFRINGEMENT Page -3-
Each defendant is subject to personal jurisdiction in the State of Texas and this judicial district, and is doing business in this judicial district.
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c) and1400(b).
On July 28, 2009, U.S. Patent No. 7,566,464 (“the ‘464 patent”), entitled “C
Composition To Accelerate Repair of Functional Wrinkles”, was duly and legally issued. AReexamination Certificate for the ‘464 patent issued on September 20, 2011. A true and correctcopy of the ‘464 patent with Reexamination Certificate is atta
ched hereto as Exhibit A. Belfer is the
owner by assignment of all right, title and interest in and to the ‘464 patent, including the right to suefor and recover all past, present and future damages for infringement of the ‘464 patent.
Upon information and belief, Milestone and Roth have in the past and continue to
infringe, contribute to infringement, and/or induce infringement of the ‘464 patent by making, using,
selling, offering to sell and/or importing, and/or causing others to use, sell and/or offer to sell, skin
care compositions that are covered by at least one claim of the ‘464 patent, including the “InstantFirmx Eye” product. Each defendant is liable for infringement of the ‘464 patent pursuant to 35
U.S.C. § 271.
Belfer’s right to relief for infringement of the ‘464 patent against Milestone and Roth
is asserted with respect to and arises out of the same transaction, occurrence or series of transactionsor occurrences relating to the making, using, importing into the United States, offering for sale or
selling of the same accused product. Questions of fact common to infringement of the ‘464 patent by
Milestone and Roth will arise in this action.