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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. For its complaint against WATER OUT OREGON and WATER OUT OF OREGON, Inc.

dba Water Out Oregon (collectively Defendants), Plaintiff THERMAPURE, INC. (ThermaPure) alleges as follows: J URISDICTION AND VENUE This is a civil action arising in part under laws of the United States relating to v. WATER OUT OREGON, an Oregon corporation, and WATER OUT OF OREGON, INC., an Oregon corporation doing business as Water Out Oregon, Defendants. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA THERMAPURE, INC., a California corporation, Plaintiff,

CASE NO. COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 JURY TRIAL DEMANDED

patents (35 U.S.C. 271, 281, 283, 284, and 285). This Court has federal jurisdiction of such federal question claims pursuant to 28 U.S.C. 1331 and 1338(a). 2. The acts and transactions complained of herein were conceived, carried out, made

effective, and had effect within the State of Washington and within this district, among other places. Venue is proper under 28 U.S.C. 1391(b), 1391(c) and 1400(a), because Plaintiff is
COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 - 1 CASE NO.

SUMMIT LAW GROUP PLLC


315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001

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informed and believes that Defendants have committed acts of infringement in the State of Washington, Clark County. Plaintiff is informed and believes that Defendants acts of willful patent infringement arose out of transactions and occurrences in Clark County. THE PARTIES 3. Plaintiff ThermaPure, Inc., is a corporation duly organized and existing under the

laws of the State of California with its principal place of business located at 180 Canada Larga Road, Ventura, California 93001. 4. Defendant Water Out Oregon (Water Out Oregon) is a corporation organized and

existing under the laws of the State of Oregon. Plaintiff is informed and believes that Water Out Oregon maintains its principal place of business at 433 N. Thompson Street, Portland, Oregon 97227. 5. Defendant Water Out of Oregon, Inc. (Water Out Oregon, Inc.) is a corporation

organized and existing under the laws of the State of Oregon which does business as Water Out Oregon. Plaintiff is informed and believes that Water Out Oregon maintains its principal place of business at 433 N. Thompson Street, Portland, Oregon 97227. 6. Plaintiff is informed and believes, and on that basis alleges that Water Out Oregon

is the successor corporation of Water Out Oregon, Inc. for the reasons that: (1) Defendants were, and are, located at the same address; (2) Defendants operate through the same internet address (www.waterout-oregon.com); and, (3) Water Out Oregon registered for corporate status the same day that Water Out Oregon, Inc., filed articles of dissolution with the Oregon Secretary of State. CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 6,327,812 7. Plaintiff incorporates by reference the preceding allegations of this Complaint as

though fully set forth herein. 8. Plaintiff is in the business of using heat to remediate homes and commercial

buildings so that they are free of mold, viruses, bacteria, insects (such as termites, bed buds, wood
COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 - 2 CASE NO.

SUMMIT LAW GROUP PLLC


315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001

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boring beetles, cockroaches, scorpions, and dust mites) and rodents. ThermaPures patented and proprietary processes are also used in construction dryout and in the removal of toxic chemicals such as volatile organic compounds. 9. Plaintiff owns all right, title, interest in and has standing to sue for the infringement

of 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 Office on December 11, 2001 (the 812 Patent). A true and correct copy of the 812 Patent is attached as Exhibit 1. 10. 11. The 812 Patent is valid and enforceable. 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 by otherwise contributing to infringement or inducing others to infringe the 812 Patent. Plaintiff is informed 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 the

authorization of Plaintiff. 13. On information and belief, Plaintiff alleges that Defendants infringement of 812

Patent 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 action

entitled, ThermaPure, Inc. v. Water Out Drying Corp., United States District Court for the Eastern District of Texas, Case No. 2:06-CV-453, in which Water Out equipment, which is used by Defendants, was found to infringe ThermaPures rights in the 812 Patent. Defendants learned of the lawsuit and verdict of infringement through: (1) information provided to them by Water Out
COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 - 3 CASE NO.

SUMMIT LAW GROUP PLLC


315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001

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Drying Corp. which advised of the verdict of infringement; (2) ThermaPures industry press releases; and (3) discussions with others in the industry. In spite of this knowledge that it is infringing the 812 Patent, Defendant has continued to use the infringing process/device. 15. As members of the remediation industry, Defendants appreciate the scope of the

812 Patent. Notwithstanding Defendants appreciation and knowledge of the value and scope of the 812 Patent, they have infringed the 812 Patent. 16. As a direct and proximate result of Defendants infringement, contributory

infringement and/or inducement to infringe the 812 Patent, Plaintiff has been and continues to be damaged in an amount to be proven at trial. 17. Defendants infringement is ongoing and has caused, and, unless enjoined and

restrained by this Court, will continue to cause Plaintiff great and irreparable injury to, among other things, Plaintiffs good will, business reputation, and market share. Plaintiff has no adequate remedy at law for the harm caused by Defendants acts. Plaintiff is therefore entitled to injunctive relief enjoining and restraining Defendants, and their respective officers, agents, servants, and employees, and all persons acting in concert with them, and each of them, from further infringement of the 812 Patent. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Water Out as follows: A. 812 Patent; B. For a judicial determination and decree that Defendants infringement of the 812 For a judicial determination and declaration that Defendants have infringed the

Patent has been willful; C. For damages resulting from Defendants infringement of the 812 Patent, and the

trebling of such damages because of the willful and deliberate nature of Defendants infringement;

COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 - 4 CASE NO.

SUMMIT LAW GROUP PLLC


315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001

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D.

In the alternative, an order that Defendants pay Plaintiff all profits, gains, and

advantaged they have received or obtained from their unlawful conduct, in an amount to be proven at trial; E. In the alternative, that a reasonable royalty for Defendants infringement be

awarded to Plaintiff pursuant to 35 U.S.C. 284; F. For injunctive relief enjoining against further infringement of the 812 Patent by

Defendants, their officers, directors, shareholders, agents, servants, employees, and all other entities and individuals acting in concert with them or on their behalf; G. H. For an assessment of prejudgment interest on damages; For a declaration that this is an exceptional case under 35 U.S.C. 285 and for an

award of attorneys fees and costs in this action; I. For such other and further relief as the Court deems just and equitable.

DATED this 18th day of November, 2011. SUMMIT LAW GROUP PLLC

15 16 17 18 19 And by 20 21 22 23 24 25 Attorneys for Plaintiff ThermaPure, Inc. 26


COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 - 5 CASE NO.

By /s/ Philip S. McCune By /s/ Lawrence C. Locker Philip S. McCune, WSBA #21081 Lawrence C. Locker, WSBA #15819 philm@summitlaw.com larryl@summitlaw.com

Sean M. Kneafsey (pro hac vice pending) Shaun Swiger (pro hac vice pending) Kneafsey & Friend LLP 800 Wilshire Blvd., Suite 710 Los Angeles, CA 90017 Tel: (213) 892-1200 Fax: (213) 892-1208 skneafsey@kneafseyfriend.com sswiger@kneafseyfriend.com

SUMMIT LAW GROUP PLLC


315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001

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