IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Koch Agronomic Services, LLC, Plaintiff, vs. Helena Chemical Company, Defendant; and MOS Holdings Inc., Defendant Patent Owner.

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Civil Action No. 6:12-cv-476

JURY TRIAL

PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Koch Agronomic Services, LLC (“Koch”) files this Original Complaint for patent infringement against Defendant Helena Chemical Company (“Helena”). MOS Holdings Inc. (“MOS”) is named as a party to this litigation and denominated as a defendant patent owner. I. 1. PARTIES

Koch is a limited liability company organized and existing under the laws of

Delaware, with its principal place of business at 4111 East 37th Street North, Wichita, Kansas 67220. Koch manufactures, markets, and distributes fertilizer products. 2. Upon information and belief, Helena is, and at all relevant times mentioned herein

was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 225 Schilling Blvd., Suite 300, Collierville, Tennessee 38017. Helena may be served with process by serving its registered agent, C T Corporation System at 800 South Gay Street, Suite 2021, Knoxville, Tennessee 37929-9710. 1
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3.

MOS is, and at all relevant times mentioned herein was, a corporation organized

and existing under the laws of Delaware, with its principal place of business at Atria Corporate Center, Suite E490, 3033 Campus Drive, Plymouth, Minnesota 55441. MOS may be served by serving its legal department on the 4th floor of the foregoing address. 4. MOS is the owner by assignment of United States Patent No. 5,698,003 (“the

’003 Patent”), the patent asserted in this lawsuit. As a result of the foregoing, MOS is a proper party, potentially necessary and indispensible, to this action as a plaintiff, defendant, defendant patent owner, and/or involuntary plaintiff, whichever designation is deemed appropriate by this Court. 5. Koch is the exclusive licensee of ’003 Patent with the right of enforcement.

Pursuant to Koch’s exclusive license, Koch has a right to bring suit for infringement of the ’003 Patent. II. 6. JURISDICTION AND VENUE

Plaintiff repeats and re-alleges the allegations in Paragraphs 1–5 as though fully

set forth in their entirety. 7. This action arises under the patent laws of the United States, Title 35, United

States Code § 1, et seq. This Court has exclusive subject matter jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a). 8. Personal jurisdiction exists generally over Helena because Helena has sufficient

minimum contacts with the forum as a result of business conducted within the State of Texas and within the Eastern District of Texas. Personal jurisdiction also exists specifically over Helena because Helena, directly or through subsidiaries or intermediaries, makes, uses, offers for sale, 2
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sells, imports, advertises, makes available and/or markets products and services within the State of Texas, and more particularly, within the Eastern District of Texas, that infringe the ’003 Patent, as described more particularly below. 9. and 1400(b). III. 10. PATENT INFRINGEMENT Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391(b)–(c)

Plaintiff repeats and re-alleges the allegations in Paragraphs 1–9 as though fully

set forth in their entirety. 11. The ’003 Patent, entitled “Formulation for Fertilizer Additive Concentrate”, was

duly and legally issued by the United States Patent and Trademark Office on December 16, 1997. MOS is the owner of the ’003 Patent by assignment. Koch is the exclusive licensee of the ’003 Patent with the right of enforcement. By virtue of Koch’s exclusive license, Koch has the right to sue for infringement of the ’003 Patent. 12. Helena has directly and/or indirectly infringed (by inducement and/or

contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’003 Patent in this District or otherwise within the United States by itself, or through others with encouragement by Helena, by making, using, selling, offering to sell, importing and/or exporting in, into or from the United States, without authority, products including its N-FIXXTM product and component parts thereto. Helena’s actions are in violation of one or more of the provisions of 35 U.S.C. § 271(a), (b), (c), (f), and (g).

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13.

Helena has and/or has had knowledge of the ’003 Patent at least by way hereof

and has not ceased its infringing activities. Helena’s continued infringement of the ’003 Patent since having knowledge thereof is and continues to be willful and deliberate. 14. As a direct and proximate consequence of the acts and practices of Helena in

infringing, directly and/or indirectly, one or more claims of the ’003 Patent, Plaintiff has suffered, is suffering, and, unless such acts and practices are enjoined by the Court, will continue to suffer injury to its business and property rights. 15. As a direct and proximate consequence of the acts and practices of Helena in

infringing, directly and/or indirectly, one or more claims of the ’003 Patent, Plaintiff has suffered, is suffering, and will continue to suffer injury and damages for which it is entitled to relief under 35 U.S.C. § 284, in an amount to be determined at trial. 16. In addition, the infringing acts and practices of Helena has caused, is causing,

and, unless such acts and practices are enjoined by the Court, will continue to cause immediate and irreparable harm to Plaintiff for which there is no adequate remedy at law, and for which Plaintiff is entitled to injunctive relief under 35 U.S.C. § 283. IV. PRAYER FOR RELIEF

Plaintiff prays for the following relief: A. A judgment that Helena has infringed, directly and indirectly, one or more claims

of the ’003 Patent; B. A judgment and order preliminarily and permanently enjoining Helena, its

employees and agents, and any other person(s) in active concert or participation with it from infringing, directly or indirectly, the ’003 Patent; 4
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C.

A judgment and order requiring Helena to pay Plaintiff’s damages under 35

U.S.C. § 284, including treble damages for willful infringement as provided by 35 U.S.C. § 284, and supplemental damages for any continuing post-verdict infringement up until entry of the final judgment with an accounting as needed; D. An award of all costs of this action, including attorneys’ fees under 35 U.S.C.

§ 285 and interest; and E. Such other and further relief as the Court deems just and equitable. V. DEMAND FOR JURY TRIAL

Plaintiff hereby demands that all issues be determined by a jury.

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DATED: July 26, 2012.

Respectfully submitted, MCKOOL SMITH, P.C. /s/ Sam Baxter Samuel F. Baxter Texas State Bar No. 01938000 sbaxter@mckoolsmith.com MCKOOL SMITH, P.C. 104 E. Houston St., Ste. 300 P.O. Box O Marshall, Texas 75670 Telephone: (903) 923-9000 Telecopier: (903) 923-9095 Steven J. Pollinger Texas State Bar No. 24011919 spollinger@mckoolsmith.com Geoffrey L. Smith Texas State Bar No. 24041939 gsmith@mckoolsmith.com Gretchen K. Curran Texas State Bar No. 24055979 gcurran@mckoolsmith.com MCKOOL SMITH, P.C. 300 West Sixth Street, Suite 1700 Austin, Texas 78701 Telephone: (512) 692-8700 Telecopier: (512) 692-8744 ATTORNEYS FOR PLAINTIFF KOCH AGRONOMIC SERVICES, LLC

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic service on this the 26th day of July, 2012. Local Rule CV5(a)(3)(A).

/s/ Gretchen K. Curran Gretchen K. Curran 6
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