IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. __________ THERMAPURE, INC., a California corporation, Plaintiff, v. DISASTER RESTORATION, INC., a Colorado corporation, RESTORATION LOGISTICS, INC., a Colorado entity, and DURACLEAN MASTER CLEANERS, INC., a Colorado corporation Defendants.

COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812 AND DEMAND FOR JURY TRIAL For its complaint against DISASTER RESTORATION, INC. (Disaster), RESTORATION LOGISTICS, INC. (Restoration), and DURACLEAN MASTER CLEANERS, INC. (Duraclean), 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 Colorado 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
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and believes that Defendants have committed acts of infringement in the State of Colorado. Plaintiff is informed and believes that Defendants acts of willful patent infringement arose out of transactions and occurrences in the State of Colorado. 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 Rd., Ventura, California 93001. 4. Defendant Disaster Restoration, Inc. is a corporation organized and existing under

the laws of the State of Colorado. Plaintiff is informed and believes that Disaster Restoration, Inc. maintains its principal place of business at 4275 Forest Street, Denver, Colorado 80217. 5. Defendant Restoration Logistics, Inc. is a Colorado entity. Plaintiff is informed

and believes that Restoration Logistics, Inc. maintains its principal place of business at 4275 Forest Street, Denver, Colorado 80217. 6. Defendant Duraclean Master Cleaners, Inc., is a corporation organized and

existing under the laws of the State of Colorado. Plaintiff is informed and believes that Duraclean Master Cleaners, Inc., maintains its principal place of business at 3615 E. Platte Ave., Colorado Springs, Colorado 80904. 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 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,
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bed buds, wood 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 ThermaPure is the owner 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. Upon information and belief, 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 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 Colorado. 12. The infringing activities of Defendants are and have been without authorization

from ThermaPure. 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.

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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, 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 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; (3) For a judicial determination and decree that Defendants infringement upon the 812 Patent has been willful; (4) For damages resulting from Defendants infringement upon the 812 Patent, and the trebling of such damages because of the willful and deliberate nature of Defendants infringement;

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(5)

In the alternative, ordering Defendants to pay ThermaPure all profits, gains, and advantages defendants have received or obtained from their unlawful conduct, in an amount to be determined at trial;

(6)

In the alternative, that a reasonable royalty for Defendants infringement be awarded to ThermaPure pursuant to 35 U.S.C. 284;

(7)

For injunctive relief enjoining against further infringement upon 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;

(8) (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 285 and for an award of attorneys fees, expert fees and costs in this action;

(10)

For such other and further relief as the Court deems just and equitable.

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 13th day of September, 2011.

KNEAFSEY & FRIEND LLP Sean M. Kneafsey (pro hac vice pending) skneafsey@kneafseyfriend.com Shawn Swiger (pro hac vice pending) sswiger@kneafseyfriend.com
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800 Wilshire Boulevard, Suite 710 Los Angeles, CA 90017 (213) 892-1200 (213) 892-1208 (fax) and PENDLETON, FRIEDBERG, WILSON & HENNESSEY, P.C.

By:

s/ J. Mark Smith J. Mark Smith msmith@penberg.com 1875 Lawrence Street, 10th Floor Denver, CO 80202 Telephone: (303) 839-1204 Facsimile: (303) 831-0786 Attorneys for Plaintiff

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