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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.

______________ MILLENNIUM CRYOGENIC TECHNOLOGIES, LTD., a Canadian corporation, Plaintiff, v. WEATHERFORD ARTIFICIAL LIFT SYSTEMS, INC., a Delaware corporation. WEATHERFORD U.S., L.P., a Louisiana limited partnership. WEATHERFORD INTERNATIONAL, INC., a Delaware corporation. WEATHERFORD INTERNATIONAL, LTD., a Swiss joint-stock corporation Defendants.

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

Plaintiff, Millennium Cryogenic Technologies, Ltd., for its complaint against Weatherford Artificial Lift Systems, Inc., (Weatherford ALS), Weatherford U.S. L.P. (Weatherford U.S.), Weatherford International, Inc. and Weatherford International, Ltd., (collectively Defendants), states and alleges as follows: JURISDICTION AND VENUE 1. This Court has subject matter jurisdiction of this action pursuant to 28 U.S.C.

1338(a) because this is a civil action for patent infringement. 2. This Court has personal jurisdiction over the Defendants because they are present

in Colorado and/or have continuous and systematic contacts with Colorado, including but not limited to maintenance of offices in Colorado Springs, Denver, Evans, Golden, Grand Junction, Longmont and Trinidad, Colorado.

3. 1400(b).

Venue is proper in this Court pursuant to 28 U.S.C. 1391(b) and (c) and

PARTIES 4. Plaintiff Millennium Cryogenic Technologies, Ltd. ("MCT") is incorporated

under the laws of Alberta, Canada, and has a principal place of business at 18527 53A Avenue NW, Edmonton, Alberta, T6M 2G2, Canada. 5. Defendant Weatherford ALS is a Delaware corporation located at 515 Post Oak

Boulevard, Suite 600, Houston, TX 77027. Weatherford ALSs registered agent for service of process in Colorado is The Corporation Company, 1675 Broadway, Suite 1200, Denver, CO 80202. Weatherford ALS has an office in Colorado at 3445 N. Marksheffel Road, Colorado Springs, CO 80922 6. Defendant Weatherford U.S. is a Louisiana limited partnership located at 515 Post

Oak Boulevard, Suite 600, Houston, TX 77027. Weatherford U.S.s registered agent for service of process in Colorado is The Corporation Company, 1675 Broadway, Suite 1200, Denver, CO 80202. Weatherford U.S. has offices in Colorado at 410 17th Street, Suites 400, 570 and 1140, Denver, CO 80202; 4329 Brantner Road, Evans, CO 80620; 1101 Winters Avenue, Unit B, Grand Junction, CO 81501; 4005 North Valley Drive, Longmont, CO, 80504; and 3801 Freedom Road, Trinidad, CO 81082. 7. Defendant Weatherford International, Inc. is a Delaware corporation located at

515 Post Oak Boulevard, Suite 600, Houston, TX 77027. Upon information and belief, Weatherford International, Inc. is a direct or indirect owner of Weatherford ALS and Weatherford U.S. Upon information and belief, Weatherford International, Inc. maintains

offices directly, or indirectly through subsidiaries, in Colorado Springs, Denver, Evans, Golden, Grand Junction, Longmont and Trinidad, Colorado. 8. Defendant Weatherford International, Ltd. is a Swiss joint-stock corporation

headquartered at 4-6 Rue Jean-Franois Bartholoni, 1204 Geneva, Switzerland with a corporate office at 515 Post Oak Boulevard, Suite 600, Houston, TX 77027. Upon information and belief, Weatherford International, Ltd. is a direct or indirect owner of Weatherford ALS, Weatherford U.S., and Weatherford International, Inc. Upon information and belief, Weatherford International, Ltd. maintains offices directly, or indirectly through subsidiaries, in Colorado Springs, Denver, Evans, Golden, Grand Junction, Longmont and Trinidad, Colorado. GENERAL ALLEGATIONS 9. John Russell McKay (McKay) is the inventor of U.S. Patent No. 6,973,707,

which was filed on February 5, 2003, issued on December 13, 2005, and then reissued as U.S. Patent No. RE42,416 E (416 Patent) on June 7, 2011, a true and correct copy of which is attached hereto as Exhibit A. The 416 Patent is directed to methods for renovating down hole drilling pipe, specifically stators, by removing worn-out elastomeric liners and thus allowing new liners to be installed. 10. In general, and as more closely described in the claims of the 416 Patent, the

stator is subjected to cryogenic temperatures until the bond between the metal stator housing pipe and the liner breaks, allowing the liner to be separated and removed from the housing pipe. 11. MCT is the assignee of the 416 Patent.

12.

Upon information and belief, Defendants have imported into the United States,

offered to sell, sold or used within the United States stators refurbished by patented methods claimed in the 416 Patent. 13. Upon information and belief, one or more of the Defendants are intending to

build, or have already built a plant in Fort Worth, Texas to deline or remove elastomers from housing pipe for stators using the patented methods claimed in the 416 Patent. 14. Defendants take the delined housing pipe and use it as a component to make

refurbished stators which are resold by Defendants to Defendants customers in the United States and throughout the world. FIRST CLAIM FOR RELIEF INFRINGEMENT OF U.S. PAT. NO. RE42,416 E For its First Claim for Relief against Defendants, MCT alleges as follows: 15. The allegations contained in paragraphs 1 14 above are incorporated by

reference as though set forth fully herein. 16. Upon information and belief, Defendants have infringed, induced, and/or

contributed to the infringement of one of more claims of the 416 Patent within the United States without authority of MCT by importing, offering to sell, selling and/or using stators refurbished by the patented methods claimed in the 416 Patent or contributed to or induced others to use the method to deline elastomeric materials from stators, infringing the 416 Patent under the terms and provisions of 35 U.S.C. 271 (a), (b),(c),(f) and/or (g). 17. Patent. Upon information and belief, Defendants had actual knowledge of the 416

18.

Despite having actual notice of the 416 patent, Defendants continue to import,

offer to sell, sell and/or use the patented methods of the 416 Patent. 19. Defendants infringement has damaged MCT and therefore MCT is entitled to

damages adequate to compensate it for the infringement and willful infringement by Defendants, but in no event less than a reasonable royalty for Defendants use made of the 416 Patent as provided under the terms and provisions of 35 U.S.C. 284. 20. Defendants will continue to infringe, induce others to infringe, and/or contribute

to the infringement of the 416 Patent unless enjoined by this Court. 21. Defendants have willfully and deliberately infringed, induced others to infringe,

and/or contributed to the infringement of the 416 Patent, thus rendering this an "exceptional" case within the meaning of 35 U.S.C. 285. SECOND CLAIM FOR RELIEF INJUNCTIVE RELIEF For its Second Claim for Relief against Defendants, MCT alleges as follows: 22. The allegations contained in paragraphs 1 21 above are incorporated by

reference as though set forth fully herein. 23. The actions of Defendants entitle MCT to preliminary and permanent injunctive

relief under the terms and provisions of 35 U.S.C. 283. PRAYER FOR RELIEF WHEREFORE, MCT requests the following relief: A. That the Court enter judgment in MCTs favor and against Defendants finding

that Defendants have infringed the claims of the 416 Patent.

B.

That the Court preliminarily and permanently enjoin Defendants and their

officers, directors, employees, agents, licensees, servants, successors and assigns, and any and all persons acting in privity or in concert with them from infringing, actively inducing infringement, or contributing to infringement of the 416 Patent; C. That this Court award to MCT damages adequate to compensate it for

Defendants acts of infringement, inducement of infringement, and contributing to the infringement by others of the 416 Patent complained of herein, together with pre- and postjudgment interest thereon, but in no event less that a reasonable royalty for the use made of the 416 Patent; D. That the Court finds that the infringement of the 416 Patent by Defendants is

willful, and that this Court award enhanced damages up to and including treble damages against Defendants; E. action; F. G. That the Court order Defendants to pay MCTs costs for this action; That prejudgment interest be awarded by the Court in the highest amount and at That the Court order Defendants to pay MCTs reasonable attorneys' fees for this

the highest rate allowed by law; H. equitable. PLAINTIFF'S JURY DEMAND Plaintiff MCT hereby demands a jury trial of all issues triable to a jury. That the Court grant MCT such other and further relief as it may deem just and

MILLENNIUM CRYOGENIC TECHNOLOGIES, LTD. By its Attorneys, Date: July 29, 2011

/s/ Gregg I. Anderson Gregg I. Anderson, Esq. Peter A. Gergely, Esq. Merchant & Gould, P.C. 1050 17th Street, Suite 1950 Denver, Colorado 80265 Telephone: (303) 357-1670 Facsimile: (303) 357-1671 Email: ganderson@merchantgould.com pgergely@merchantgould.com