UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

BROWNMED, INC. , Plaintiffs, v. ALLSOP, INC., Defendants.

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Civil Action No. __________________

JURY TRIAL DEMANDED

COMPLAINT COMES NOW Brownmed, Inc. (Brownmed or Plaintiff), for its Complaint against Allsop, Inc. (Allsop or Defendant), and states and alleges as follows: THE PARTIES 1. Plaintiff Brownmed is a corporation organized and existing under the laws of the

state of Iowa with its principal place of business and headquarters at 4435 Main Street, Kansas City, Missouri, 64111. 2. Defendant Allsop is a corporation organized and existing under the laws of the

state of Washington with its principal place of business at 909 Squalicum Way, #111, Bellingham, Washington 98227. VENUE AND JURISDICTION 3. This action arises under the patent laws of the United States, Title 35 U.S.C. This

Court has subject matter jurisdiction over the patent claims pursuant to 28 U.S.C. 1331 and 1338(a).

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This Court has personal jurisdiction over Allsop, since Allsop has purposefully

availed itself of the benefits and protections of the state of Missouri by virtue of it doing business in this district and because the acts complained of occurred at least in part in this district. 5. Allsop has systematic and continuous contacts with the forum in the form of

activities purposefully directed at residents of the state of Missouri, such as sale of the accused infringing product through stores of Office Depot, located in this state and in this district. 6. Venue is proper under 28 U.S.C. 1391 as Allsop has purposefully directed its

activities at residents of the state of Missouri by selling and offering for sale within this state and within this district the product accused of infringement, namely Allsops Comfortbead Glove. COUNT I (Patent Infringement of U.S. Patent No. 8,216,169) 7. On July 10, 2012, U.S. Patent No. 8,216,169 (the 169 Patent), entitled Wrist

Support Device, was duly and legally issued in the name of inventors Aurelia Koby and Ian MacMorran. A copy of the aforesaid patent is attached as Exhibit 1. 8. By virtue of assignment Brownmed is now and at all material times has been the

owner of all right, title and interest, including the right to sue, for the 169 Patent. 9. Allsop has directly infringed one or more claims of the 169 Patent by making,

having made for sale, and selling a wrist support device claimed in the 169 Patent, all without authority to do so and all in violation of 35 U.S.C. 271. 10. Upon information and belief, Allsop has indirectly infringed one or more claims

of the 169 Patent by actively inducing others, including Office Depot, Inc. (Office Depot) to sell, advertise for sale and offer for sale the wrist support device claimed in the 169 Patent, all without authority to do so and all in violation of 35 U.S.C. 271.

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Upon information and belief, Allsops acts of infringement of the 169 Patent are

willful, Allsop having obtained Plaintiffs patented product and sent it to China for copying. 12. Brownmed has complied with the statutory requirement of placing a notice of the

letters patent on all inventions embodying the 169 Patent it manufactures and sells. 13. Brownmed has been and will continue to be damaged by such infringement in an

amount to be proven at trial and in a manner and amount that cannot be fully measured or compensated in economic terms and for which there is no adequate remedy at law. The actions of Allsop have irreparably damaged and will continue to damage Brownmeds business, market, reputation and good will. Such irreparable damage will continue unless the acts of Allsop are enjoined during the pendency of this action and thereafter. 14. For Allsops actions as outlined above, Brownmed is entitled to the revenues and

remedies provided by 35 U.S.C. 281 and 283-285. PRAYER FOR RELIEF WHEREFORE Brownmed prays for judgment against Allsop that: A. Defendant Allsop and its officers, agents, employees and attorneys, and all other

persons in active concert or participation with any of them, be enjoined and restrained during the pendency of this action and permanently thereafter, from infringing any claim of the 169 Patent; B. Allsop be ordered to pay Brownmed such damages as Brownmed has sustained,

and adequate to compensate for the patent infringement, including Brownmeds lost profits, but in no event less than a reasonable royalty, as provided by 35 U.S.C. 284; C. Allsops infringement of the 169 Patent be found to have been willfully

committed and that the damages be increased to three times the amount accessed, as provided by 35 U.S.C. 284;

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Allsop be ordered to pay Brownmed the cost of this action and its reasonable

attorneys fees, and interest as provided by 35 U.S.C. 284 and 285; E. Allsop be ordered to pay Brownmeds pre-judgment interest and all sums

awarded by law; and F. and proper. DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38(b) Plaintiff hereby demands a trial by jury on all issues triable of right by jury in this action. Brownmed have such further equitable and legal relief as the court may deem just

Respectfully submitted, SHANK & HAMILTON, P.C.

By:

/s/ David L. Heinemann David L. Heinemann, MO Bar #37622 2345 Grand, Suite 1600 Kansas City, MO 64108 Phone: 816-471-0909 Fax: 816-471-3888 Email: davidh@shankhamilton.com

Of Counsel: Edmund J. Sease R. Scott Johnson Luke C. Holst McKEE, VOORHEES & SEASE, P.L.C. 801 Grand Avenue, Suite 3200 Des Moines, IA 50309-2721 Phone: 515-288-3667 Fax: 515-288-1338 Email: ed.sease@ipmvs.com Email: scott.johnson@ipmvs.com Email: luke.holst@ipmvs.com Email: mvslit@ipmvs.com ATTORNEYS FOR PLAINTIFF BROWNMED, INC.