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Suite 320

PLLC

Road, 85250

(480) & 421-1001 Arizona

Feltus

N. Scottsdale

Scottsdale,

Kercsmar

6263

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Geoffrey S. Kercsmar (#020528) Gregory B. Collins (#023158)

KERCSMAR & FELTUS PLLC

6263 North Scottsdale Road, Suite 320

Scottsdale, Arizona 85250 Telephone: (480) 421-1001

Facsimile:

gsk@kflawaz.com

gbc@kflawaz.com

Sean M. Kneafsey (pro hac vice pending) Shaun Swiger (pro hac vice pending) KNEAFSEY & FRIEND LLP

800 Wilshire Boulevard, Suite 710 Los Angeles, California 90017

Telephone: (213) 892-1200

Facsimile:

skneafsey@kneafseyfriend.com

sswiger@kneafseyfriend.com

Attorneys for Plaintiff ThermaPure, Inc.

(480) 421-1002

(213) 892-1208

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

ThermaPure, Inc., a California corporation,

Plaintiff,

v.

Abracadabra Restoration, Inc., an

Arizona corporation; and Emergency Restoration Experts, Inc., an Arizona

corporation,

Defendants.

Case No.

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

(Demand for Jury Trial)

Suite 320

PLLC

Road, 85250

(480) 421-1001

Feltus

& Arizona

N. Scottsdale

Scottsdale,

Kercsmar

6263

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For its complaint against Abracadabra Restoration, Inc. (“Abracadabra”) and Emergency Restoration Experts, Inc. (“Emergency”), Plaintiff ThermaPure, Inc. (“ThermaPure”) alleges as follows:

JURISDICTION AND VENUE

1. This is a civil action arising in part under laws of the United States relating

to 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 Arizona 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 informed and believes that Defendants have committed acts of infringement in

the State of Arizona. Plaintiff is informed and believes that Defendantsacts of willful

patent infringement arose out of transactions and occurrences in the State of Arizona.

THE PARTIES

3. Plaintiff ThermaPure 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 Abracadabra is a corporation organized and existing under the

laws of the State of Arizona. Plaintiff is informed and believes that Abracadabra maintains

its principal place of business as 4814 North Shamrock Place, Tucson, Arizona 85705.

5. Defendant Emergency is a corporation organized and existing under the

laws of the State of Arizona. Plaintiff is informed and believes that Emergency maintained

its principal place of business at 3045 North Colorado Street, Suite #3, Chandler, Arizona

85225.

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Suite 320

PLLC

Road, 85250

(480) 421-1001

Feltus

& Arizona

N. Scottsdale

Scottsdale,

Kercsmar

6263

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CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 6,327,812

6. Plaintiff ThermaPure incorporates by reference the preceding allegations of

this Complaint as though fully set forth herein.

7. Plaintiff ThermaPure 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-boring beetles, cockroaches, scorpions, and dust mites) and

rodents. ThermaPure‟s patented and proprietary processes are also used in construction dry out and in the removal of toxic chemicals such as volatile organic compounds.

8. Plaintiff ThermaPure owns all rights, 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.

9. The „812 Patent is valid and enforceable.

10. Defendants have infringed and continue to infringe upon the „812 Patent by

making, using, selling, or offering to sell in the United States products, devices or methods 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 Arizona.

11. The infringing activities of Defendants are and have been without

authorization from ThermaPure.

12. As members of the home remediation industry, Abracadabra and Emergency

appreciate the scope of the „812 Patent. Notwithstanding Abracadabra‟s and Emergency‟s

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PLLC

Road, 85250

(480) 421-1001

Feltus

& Arizona

N. Scottsdale

Scottsdale,

Kercsmar

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appreciation of the value and scope of the „812 Patent, they have infringed the „812 Patent.

13. On information and belief, Plaintiff alleges that Defendantsinfringement 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. 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.

15. Defendants‟ infringement is continuous and 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, Plaintiff‟s 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 Defendants as follows:

(1)

For a judicial determination and declaration that the „812 Patent is valid and

enforceable;

(2)

For a judicial determination and declaration that Defendants have infringed

upon the „812 Patent;

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PLLC

Road, 85250

(480) 421-1001

Feltus

& Arizona

N. Scottsdale

Scottsdale,

Kercsmar

6263

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(3)

For a judicial determination and decree that Defendants‟ infringement upon

(4)

the „812 Patent has been willful; For damages resulting from Defendants‟ infringement upon the „812 Patent,

(5)

and the trebling of such damages because of the willful and deliberate nature of Defendants‟ infringement; In the alternative, ordering Defendants to pay ThermaPure all profits, gains,

(6)

and advantages defendants have received or obtained from their unlawful conduct, in an amount to be determined at trial; In the alternative, that a reasonable royalty for Defendants‟ infringement be

(7)

awarded to ThermaPure pursuant to 35 U.S.C. § 284; For injunctive relief enjoining against further infringement upon the „812

(8)

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;

(9)

For an assessment of pre- and post-judgment interest on damages; For a declaration that this is an exceptional case under 35 U.S.C. Section

(10)

285 and for an award of attorneys‟ fees, expert fees and costs in this action; For such other and further relief as the Court deems just and equitable.

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Suite 320

PLLC

Road, 85250

(480) 421-1001

Feltus

& Arizona

N. Scottsdale

Scottsdale,

Kercsmar

6263

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DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury of any issue triable by right of a jury

pursuant to Rule 38 of the Federal Rules of Civil Procedure.

DATED this 29th day of June, 2011.

KERCSMAR & FELTUS PLLC

By: s/ Geoffrey S. Kercsmar

Geoffrey S. Kercsmar Gregory B. Collins 6263 North Scottsdale Road, Suite 320 Scottsdale, Arizona 85250 Attorneys for Plaintiff ThermaPure

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Suite 320

PLLC

Road, 85250

(480) 421-1001

Feltus

& Arizona

N. Scottsdale

Scottsdale,

Kercsmar

6263

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CERTIFICATE OF SERVICE

I hereby certify that on June 29, 2011, I electronically transmitted the foregoing to

the Clerk‟s Office using the CM/ECF System for filing.

s/ Geoffrey S. Kercsmar

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