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Philip S.

McCune, WSBA #21081 1 Summit Law Group PLLC 315 Fifth Avenue South, Suite 1000 2 Seattle, WA 98104-2682 Tel: (206) 676-7000 3 Fax: (206) 676-7001 Chad Mitchell, WSBA #39689 4 J. Summit Law Group PLLC 1030 N Center Parkway, Suite 109 5 Kennewick, WA 99336 Tel: (509) 735-5053 6 Fax: (509) 676-7055 7 Sean M. Kneafsey (pro hac vice forthcoming) Shaun Swiger (pro hac vice forthcoming) 8 Kneafsey & Friend LLP 800 Wilshire Blvd., Suite 710 9 Los Angeles, California 90017 Tel: (213) 892-1200 (213) 892-1208 10 Fax: skneafsey@kneafseyfriend.com sswiger@kneafseyfriend.com 11 Attorneys for Plaintiff ThermaPure, Inc. 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE EASTERN DISTRICT OF WASHINGTON 14 THERMAPURE, INC., a California 15 corporation, CASE NO. CV-11-431-RHW 16 17 18 19 20 21 22 23 24 25
COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 - 1 CASE NO.

Plaintiff, v. JUST RIGHT CLEANING & CONSTRUCTION, INC., a Washington corporation, Defendant.

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

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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J URISDICTION AND VENUE This is a civil action arising in part under laws of the United States

3 relating to patents (35 U.S.C. 271, 281, 283, 284, and 285). This Court has 4 federal jurisdiction of such federal question claims pursuant to 28 U.S.C. 1331 5 and 1338(a). 2. The acts and transactions complained of herein were conceived, 6 7 carried out, made effective, and had effect within the State of Washington and 8 within this district, among other places. Venue is proper under 28 U.S.C. 9 1391(b), 1391(c) and 1400(a), because Plaintiff is informed and believes that 10 Just Right has committed acts of infringement in the State of Washington, County 11 of Grant. Plaintiff is informed and believes that Defendants acts of willful patent 12 infringement arose out of transactions and occurrences in Grant County. 13 14 3. THE PARTIES Plaintiff ThermaPure, Inc. is a corporation duly organized and

15 existing under the laws of the State of California with its principal place of 16 business located at 180 Canada Larga Road, Ventura, California 93001. 17 4. Defendant Just Right Cleaning & Construction, Inc. (Just Right) is a

18 corporation organized and existing under the laws of the State of Washington. 19 Plaintiff is informed and believes that Just Right maintains its principal place of 20 business at 6446 Road 3 Northeast, Moses Lake, Washington 98837. 21 22 23 24 25 5. CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 6,327,812 Plaintiff incorporates by reference the preceding allegations of this SUMMIT LAW GROUP PLLC
315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001

Complaint as though fully set forth herein.


COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 - 2 CASE NO.

6.

Plaintiff is in the business of using heat to remediate homes and

2 commercial buildings so that they are free of mold, viruses, bacteria, insects (such 3 as termites, bed buds, wood boring beetles, cockroaches, scorpions, and dust mites) 4 and rodents. ThermaPures patented and proprietary processes are also used in 5 construction dryout and in the removal of toxic chemicals such as volatile organic 6 compounds. 7 7. Plaintiff owns all right, title, interest in and has standing to sue for the

8 infringement of United States Patent No. 6,327,812 entitled, Method Of Killing 9 Organisms And Removal Of Toxins In Enclosures which was duly granted by the 10 United States Patent and Trademark Office on December 11, 2001 (the 812 11 Patent). A true and correct copy of the 812 Patent is attached as Exhibit 1. 12 13 8. 9. The 812 Patent is valid and enforceable. Defendant Just Right has infringed and continues to infringe the 812

14 Patent by making, using, selling, or offering to sell in the United States products, 15 devices or methods known as Water Out that embody or otherwise practice one 16 or more of the claims of the 812 Patent, or by otherwise contributing to 17 infringement or inducing others to infringe the 812 Patent. Plaintiff is informed 18 and believes that the acts of infringement occurred in the State of Washington, 19 Grant County. 20 10. The infringing activities of Just Right are and have been without the

21 authorization of Plaintiff. 22 11. On information and belief, Plaintiff alleges that Just Rights

23 infringement of 812 Patent is and has been willful and deliberate. Due to the 24 intentional nature of Just Rights acts, this is an exceptional case in which Plaintiff 25
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

1 is entitled to treble damages, attorneys fees and costs pursuant to 35 U.S.C. 2 284 and 285. 3 12. Just Right had knowledge of the lawsuit and resulting verdict entered

4 in the action entitled, ThermaPure, Inc. v. Water Out Drying Corp., United States 5 District Court for the Eastern District of Texas, Case No. 2:06-CV-453, in which 6 Water Out equipment, which is used by Just Right, was found to infringe 7 ThermaPures rights in the 812 Patent. Just Right learned of the lawsuit and 8 verdict of infringement through: (1) information provided to it by Water Out 9 Drying Corp. which advised of the verdict of infringement; (2) ThermaPures 10 industry press releases; and (3) discussions with others in the industry. In spite of 11 this knowledge that it is infringing the 812 Patent, Just Right has continued to use 12 the infringing process/device. 13 13. As a member of the remediation industry, Just Right appreciates the

14 scope of the 812 Patent. Notwithstanding Just Rights appreciation and 15 knowledge of the value and scope of the 812 Patent, it has infringed the 812 16 Patent. 17 14. As a direct and proximate result of Just Rights infringement,

18 contributory infringement and/or inducement to infringe the 812 Patent, Plaintiff 19 has been and continues to be damaged in an amount to be proven at trial. 20 15. Just Rights infringement is ongoing and has caused, and, unless

21 enjoined and restrained by this Court, will continue to cause Plaintiff great and 22 irreparable injury to, among other things, Plaintiffs good will, business reputation, 23 and market share. Plaintiff has no adequate remedy at law for the harm caused by 24 Just Rights acts. Plaintiff is therefore entitled to injunctive relief enjoining and 25
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

1 restraining Just Right, and its respective officers, agents, servants, and employees, 2 and all persons acting in concert with them, and each of them, from further 3 infringement of the 812 Patent. 4 5 6 PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Just Right as follows: A. For a judicial determination and declaration that Just Right has

7 infringed the 812 Patent; 8 B. For a judicial determination and decree that Just Rights infringement 9 of the 812 Patent has been willful; 10 C. For damages resulting from Just Rights infringement of the 812 11 Patent, and the trebling of such damages because of the willful and deliberate 12 nature of Just Rights infringement; 13 D. In the alternative, an order that Just Right pay Plaintiff all profits, 14 gains, and advantaged it has received or obtained from its unlawful conduct, in an 15 amount to be proven at trial; 16 E. In the alternative, that a reasonably royalty for Just Rights 17 infringement be awarded to Plaintiff pursuant to 35 U.S.C. 284; 18 F. For injunctive relief enjoining against further infringement of the 812 19 Patent by Just Right, its officers, directors, shareholders, agents, servants, 20 employees, and all other entities and individuals acting in concert with them or on 21 their behalf; 22 G. For an assessment of prejudgment interest on damages; 23 H. For a declaration that this is an exceptional case under 35 U.S.C. 24 Section 285 and for an award of attorneys fees and costs in this action; 25 COMPLAINT FOR INFRINGEMENT OF U.S. PATENT SUMMIT LAW GROUP PLLC
NO. 6,327,812 - 5 CASE NO.
315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001

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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 By /s/ Philip S. McCune Philip S. McCune, WSBA #21081 315 Fifth Avenue S., Suite 1000 Seattle, WA 98104-2682 Tel: (206) 676-7000 Fax: (206) 676-7001 philm@summitlaw.com J. Chad Mitchell, WSBA #39689 1030 N Center Parkway, Suite 109 Kennewick, WA 99336 Tel: (509) 735-5053 Fax: (509) 676-7055 chadm@summitlaw.com And by: Sean M. Kneafsey (pro hac vice forthcoming) Shaun Swiger (pro hac vice forthcoming) Kneafsey & Friend LLP 800 Wilshire Blvd., Suite 710 Los Angeles, California 90017 Tel: (213) 892-1200 Fax: (213) 892-1208 skneafsey@kneafseyfriend.com sswiger@kneafseyfriend.com Attorneys for Plaintiff ThermaPure, Inc.

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