1 2 3 4 5 THERMAPURE, INC.

, a California

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO Case No. 1:11-CV-833

corporation, 6 180 Canada Larga Rd. Ventura, CA 93001

7 8 9

Plaintiff, vs.

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

10 C&C CLEAN TEAM ENTERPRISES

LLC. an Ohio limited liability company, [Jury Demand Endorsed Heron] 11 c/o Michael S. Barron, Statutory Agent 3074 Madison Road 12 Cincinnati, OH 45209
13 14 15 16 17 18

Defendant.

For its complaint against C&C CLEAN TEAM ENTERPRISES, LLC (C&C

19 CLEAN), Plaintiff THERMAPURE, INC. (ThermaPure) alleges as follows: 20 21 22

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

23 relating to patents (35 U.S.C. 271, 281, 283, 284, and 285). This Court has 24 federal jurisdiction of such federal question claims pursuant to 28 U.S.C. 1331 25 and 1338(a). 26

2.

The acts and transactions complained of herein were conceived, carried

27 out, made effective, and had effect within the State of Ohio and within this district, 28 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 C&C Clean has committed acts
COMPLAINT

1 of infringement in the State of Ohio, County of Hamilton. Plaintiff is informed and 2 believes that Defendants acts of willful patent infringement arose out of 3 transactions and occurrences in Hamilton County. 4 5 6

THE PARTIES 3. Plaintiff ThermaPure, Inc. is a corporation duly organized and existing

7 under the laws of the State of California with its principal place of business located 8 at 180 Canada Larga Rd., Ventura, California 93001. 9

4.

Defendant C&C Clean Team Enterprises, Inc. (C&C Clean) is a

10 limited liability company organized and existing under the laws of the State of Ohio. 11 Plaintiff is informed and believes that C&C Clean does business as Widmers 12 Cleaners and as Water Out of Cincinnati. Plaintiff is informed and believes that 13 C&C Clean maintains its principal place of business at 2016 Madison Rd., 14 Cincinnati, OH 45208. 15 16 17 18

CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 6,327,812 5. 6. Plaintiff incorporates by reference the preceding allegations of this Plaintiff is in the business of licensing the use of heat to remediate

19 Complaint as though fully set forth herein. 20

21 homes and commercial buildings for the purposes of abating structures of mold, 22 viruses, bacteria, insects (such as termites, bed buds, wood boring beetles, 23 cockroaches, scorpions, and dust mites) and rodents. ThermaPures patented and 24 proprietary processes are also used in construction dryout and in the removal of 25 toxic chemicals such as volatile organic compounds. 26

7.

Plaintiff owns all right, title, interest in and has standing to sue for the

27 infringement of United States Patent No. 6,327,812 entitled, Method Of Killing 28 Organisms And Removal Of Toxins In Enclosures which was duly granted by the 2
COMPLAINT

1 United States Patent and Trademark Office on December 11, 2001 (the 812 2 Patent). A true and correct copy of the 812 Patent is attached as Exhibit 1. 3 4

8. 9.

The 812 Patent is valid and enforceable. Defendant C&C Clean has infringed and continues to infringe the 812

5 Patent by making, using, selling, or offering to sell in the United States products, 6 devices or methods known as Water Out that embody or otherwise practice one or 7 more of the claims of the 812 Patent, or by otherwise contributing to infringement 8 or inducing others to infringe the 812 Patent. Plaintiff is informed and believes that 9 the acts of infringement occurred in the State of Ohio, County of Hamilton. 10

10. 11.

The infringing activities of C&C Clean are and have been without the On information and belief, Plaintiff alleges that C&C Cleans

11 authorization of Plaintiff. 12

13 infringement of 812 Patent is and has been willful and deliberate. Due to the 14 intentional nature of C&C Cleans acts, this is an exceptional case in which Plaintiff 15 is entitled to treble damages, attorneys fees and costs pursuant to 35 U.S.C. 284 16 and 285. 17

12.

On information and belief Plaintiff alleges that C&C Clean had

18 knowledge of the lawsuit and resulting verdict entered in the action entitled, 19 ThermaPure, Inc. v. Water Out Drying Corp., United States District Court for the 20 Eastern District of Texas, Case No. 2:06-CV-453, in which Water Out equipment, 21 which is used by C&C Clean, was found to infringe ThermaPures rights in the 812 22 Patent. C&C Clean learned of the lawsuit and verdict of infringement through: (1) 23 information provided to it by Water Out Drying Corp which advised of the verdict 24 of infringement; (2) ThermaPures industry press releases; and (3) discussions with 25 others in the industry. In spite of this knowledge that it is infringing the 812 Patent, 26 C&C Clean has continued to use the infringing process/device. 27

13.

As a member of the remediation industry, C&C Clean appreciates the

3
COMPLAINT

28 scope of the 812 Patent. Notwithstanding C&C Cleans appreciation and

1 knowledge of the value and scope of the 812 Patent, it has infringed the 812 2 Patent. 3

14.

As a direct and proximate result of C&C Cleans infringement,

4 contributory infringement and/or inducement to infringe the 812 Patent, Plaintiff 5 has been and continues to be damaged in an amount to be proven at trial. 6

15.

C&C Cleans infringement is ongoing and has caused, and, unless

7 enjoined and restrained by this Court, will continue to cause Plaintiff great and 8 irreparable injury to, among other things, Plaintiffs good will, business reputation, 9 and market share. Plaintiff has no adequate remedy at law for the harm caused by 10 C&C Cleans acts. Plaintiff is therefore entitled to injunctive relief enjoining and 11 restraining C&C Clean, and its respective officers, agents, servants, and employees, 12 and all persons acting in concert with them, and each of them, from further 13 infringement of the 812 Patent. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
COMPLAINT

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against C&C Clean as follows: (1) (2) (3) For a judicial determination and declaration that C&C Clean has infringed the 812 Patent; For a judicial determination and decree that C&C Cleans infringement of the 812 Patent has been willful; For damages resulting from C&C Cleans infringement of the 812 Patent, and the trebling of such damages because of the willful and deliberate nature of C&C Cleans infringement; (4) In the alternative, an order that C&C Clean pay Plaintiff all profits, gains, and advantaged it has received or obtained from its unlawful conduct, in an amount to be proven at trial; (5) In the alternative, that a reasonably royalty for C&C Cleans infringement be awarded to Plaintiff pursuant to 35 U.S.C. 284;

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(6)

For injunctive relief enjoining against further infringement of the 812 Patent by C&C Clean, its officers, directors, shareholders, agents, servants, employees, and all other entities and individuals acting in concert with them or on their behalf;

(7) (8) (9)

For an assessment of prejudgment 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 and costs in this action; For such other and further relief as the Court deems just and equitable. DANIEL F. RYAN, LLC __________/S/_____________________________ Daniel F. Ryan, Ohio S. Ct. Regis 0021427 P.O. Box 846 Dublin, OH 43017 Tel: (614) 325-1601 E-Mail: dryan.atty@gmail.com

KNEAFSEY & FRIEND LLP ___________/S/_________________________ SEAN M. KNEAFSEY (pro hac vice pending) skneafsey@kneafseyfriend.com SHAUN SWIGER (pro hac vice pending) sswiger@kneafseyfriend.com 800 Wilshire Blvd., Suite 710 Los Angeles, California 90017 Phone: (213) 892-1200 Fax: (213) 892-1208 Attorneys for Plaintiff ThermaPure, Inc.

5
COMPLAINT

1 2 3 4

DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury of any issue triable by right of a jury

5 pursuant to Rule 38 of the Federal Rules of Civil Procedure. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

COMPLAINT ________________/s/_____________________

Daniel F. Ryan