Thomas B. Kenworthy (Pro Hac Vice Application To Be Filed) Louis W. Beardell, Jr.

(Pro Hac Vice Application To Be Filed) Kenneth J. Davis (KD 8582) Kenneth L. Racowski (KR 1622) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, Pennsylvania 19103-2921 Tel.: 215.963.5000 Fax: 215.963.5001

Attorneys for Plaintiff TrialCard Incorporated

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY TRIALCARD INCORPORATED, Plaintiff, v. P.S.K.W. & ASSOCIATES and TRIPLE I MEDIMEDIA USA, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO.: ______________

COMPLAINT FOR PATENT INFRINGEMENT (JURY TRIAL DEMANDED)

Plaintiff TrialCard Incorporated (TrialCard) brings this action for patent infringement against defendants P.S.K.W. & Associates (PSKW) and Triple I MediMedia USA, Inc. (Triple I), and alleges as follows: THE PARTIES 1. TrialCard is a North Carolina corporation having a principal place of business at

6501 Weston Parkway, Suite 370, Cary, North Carolina 27513.

2.

On information and belief, PSKW is a New Jersey limited liability company

having a principal place of business at 1 Crossroads Drive, Third Floor, Bedminster, New Jersey 07921. 3. On information and belief, Triple I is a New Jersey corporation having a principal

place of business at 350 Starke Road, Carlstadt, New Jersey 07072. JURISDICTION AND VENUE 4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. 101, et seq. 5. 1400(b). GENERAL AVERMENTS 6. On April 12, 2011, United States Patent No. 7,925,531 (the 531 patent) entitled Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b)(c) and

Method of Delivering Goods and Services Via Media, was duly and legally issued by the United States Patent and Trademark Office. A true and accurate copy of the 531 patent is attached hereto as Exhibit A. 7. 531 patent. COUNT I PATENT INFRINGEMENT BY PSKW 8. reference. 9. On information and belief, PSKW has infringed and continues to infringe the 531 The averments of paragraphs 1 through 7 above are incorporated herein by TrialCard is the owner by assignment of all right, title and interest in and to the

patent in violation of 35 U.S.C. 271 by its marketing of programs promoting pharmaceutical

-2-

products so as to perform or cause to be performed all of the steps of at least claim 1 of the 531 patent. 10. As a result of PSKWs infringement of the 531 patent, TrialCard has suffered

and continues to suffer injury to its business and property. 11. Unless an injunction is issued enjoining PSKW and its officers, agents, servants,

employees and representatives, and all those persons and entities in active concert and participation with it, from infringing the 531 patent, TrialCard will be irreparably harmed. COUNT II PATENT INFRINGEMENT BY TRIPLE I 12. reference. 13. On information and belief, Triple I has infringed and continues to infringe one or The averments of paragraphs 1 through 7 above are incorporated herein by

more claims of the 531 patent in violation of 35 U.S.C. 271 by its marketing of programs promoting pharmaceutical products so as to perform or cause to be performed all of the steps of at least claim 1 of the 531 patent. 14. As a result of Triple Is infringement of the 531 patent, TrialCard has suffered

and continues to suffer injury to its business and property. 15. Unless an injunction is issued enjoining Triple I and its officers, agents, servants,

employees and representatives, and all those persons and entities in active concert and participation with it, from infringing the 531 patent, TrialCard will be irreparably harmed. PRAYER FOR RELIEF WHEREFORE, TrialCard respectfully requests entry of a judgment that includes: A. Findings that PSKW and Triple I have infringed the 531 patent;

-3-

B.

An injunction enjoing PSKW and Triple I, and their officers, agents, servants, employees and attorneys, and all those persons and entities in active concert with them, from infringing the 531 patent;

C.

Awards of damages in favor of TrialCard and against PSKW and Triple I, such damages being in amounts sufficient to fully compensate TrialCard for defendants infringement of the 531 patent, and an assessment of prejudgment and post-judgment interest;

D.

A finding by the Court that this is an exceptional case under 35 U.S.C. 285 and awards to TrialCard of its costs, expenses and attorneys fees in this action; and

E.

Such other and further relief as the Court deems just and proper. DEMAND FOR JURY TRIAL

TrialCard hereby demands trial by jury as to all issues triable by jury as of right.

DATED: September 30, 2011

/s/ Kenneth L. Racowski Thomas B. Kenworthy (Pro Hac Vice Application To Be Filed) Louis W. Beardell, Jr. (Pro Hac Vice Application To Be Filed) Kenneth J. Davis (KD 8582) Kenneth L. Racowski (KR 1622) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, Pennsylvania 19103-2921 Tel.: 215.963.5000 Fax: 215.963.5001 Attorneys for Plaintiff TrialCard Incorporated

-4-