IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (1) TRC, INC. Plaintiff, v.

(1) ALPHA SCENTS, INC. Defendant. ) ) ) ) ) ) ) ) ) ) )

Roberts ME

CIV 11-867-D

COMPLAINT Plaintiff Trc, Inc. ("Trc") for its Complaint against the defendant Alpha Scents, Inc. ("Alpha Scents") states as follows: Nature of the Action 1. This action seeks to recover damages and injunctive relief owed to Trc by

Alpha Scents as a result of Alpha Scents' actions in selling and offering for sale products and services which infringe United States Patent No. 6,528,049 (the "'049 Patent") and United States Patent No. 6,264,939 (the "'939 Patent"). The Parties 2. Trc is a California corporation with its principal place of business in

Adair, Oklahoma and does business in the Western District of Oklahoma.

3.

Defendant Alpha Scents is a domestic business corporation organized under

the laws of the State of New York and has its principal place of business in West Linn, Oregon. Jurisdiction and Venue 4. This Court is vested with jurisdiction under 28 U.S.C. 1331 and 28

U.S.C. 1338(a), as an action arising under the United States patent laws. 5. This Court has personal jurisdiction over Alpha Scents under the Oklahoma

long-arm statute, 12 O.S. 2004(F), based upon Alpha Scents' contacts with this jurisdiction. Specifically, Alpha Scents has established the requisite contacts with the State of Oklahoma by operating an active Internet website through which it clearly conducts substantial and continuous business, sufficient to satisfy due process requirements. Through its website, Alpha Scents accepts subscriptions to newsletters, accepts email contacts, advertises products, and provides price lists, flyers, catalogs, technical papers, and MSDS sheets for viewing and download. Significantly, Alpha Scents also accepts and processes orders for its products through an active onlineordering system and shopping cart that allows any Internet user to purchase Alpha Scents' products. 6. On information and belief, the products and/or services being marketed,

offered, and sold under the infringing patent in this action are being marketed, offered, and/or sold through Alpha Scents' website to customers in this judicial district.

7.

Venue is properly laid in this judicial district pursuant to 28 U.S.C.

1391(c) and 1400(b). Background 8. The '939 Patent was issued July 24, 2001 and is entitled "Bisexual

Attractants, Aggregants and Arrestants for Adults and Larvae of Codling Moth and Other Species of Lepidoptera." A copy of the '939 Patent is attached as Exhibit 1. 9. The '049 Patent was issued March 4, 2003 and is entitled "Bisexual

Attractants, Aggregants and Arrestants for Adults and Larvae of Codling Moth and Other Species of Lepidoptera." The '049 Patent is a division of the application that issued as the '939 Patent. A copy of the '049 Patent is attached as Exhibit 2. 10. The '939 Patent identifies Douglas M. Light and Clive A. Henrick as co-

inventors. Mr. Henrick assigned his interest in the '939 Patent to Trc. Mr. Light assigned his interest to The United States of America, as represented by the Secretary of Agriculture. The '049 Patent also identifies Douglas M. Light and Clive A. Henrick as co-inventors. Mr. Henrick assigned his interest in the '049 Patent to Trc. Mr. Light assigned his interest to The United States of America, as represented by the Secretary of Agriculture. A copy of Mr. Henrick's assignment of the '939 and '049 Patents to Trc is attached as Exhibit 3. 11. The U.S. Government, as represented by the U.S. Department of

Agriculture, Agriculture Research Service (USDA) provided Trc with an exclusive

license of its rights in the '939 and '049 Patents. The License Agreement between USDA and Trc affords Trc with the first option to enforce the '939 and '049 Patents. Pursuant to the License Agreement and the Bayh-Dole Act, Trc has the right to enforce its rights in the '939 and '049 Patents without joining the United State Government as a party to this Complaint. 12. The '049 and '939 Patents are generally directed at methods and

formulations designed to control and monitor codling moths. 13. Alpha Scents is a U.S. supplier of insect monitoring systems comprised of

various types of traps and lures designed to reduce the use of pesticides. 14. Among its product offerings, Alpha Scents offers a SuperLure product

that includes two components: pear ester and codling moth female sex pheromone combined in a septum. The septum is provided with a coaster packet that includes acetic acid. 15. In March 2011, Alpha Scents sent an email advertisement for its

SuperLure product to Trc employees located in Oklahoma. 16. Alpha Scents currently markets and sells the SuperLure product through

its active website hosted at the www.alphascents.com domain name. COUNT 1 PATENT INFRINGEMENT (35 U.S.C. 271) 17. Trc incorporates and realleges the allegations in paragraphs 1 - 15 above.

18.

By virtue of its co-ownership of the '939 and '049 Patents, Trc has the

right to sue for infringement and recover for infringement thereof. 19. By making, using selling and offering to sell the SuperLure product,

Alpha Scents has infringed the '049 Patent directly, contributorily or by inducement. 20. By making, using selling and offering to sell the SuperLure product,

Alpha Scents has infringed the '939 Patent directly, contributorily or by inducement. 21. Alpha Scents will continue these infringements unless enjoined by this

Court pursuant to 35 U.S.C. 283. 22. As a direct result of the infringing activities of Alpha Scents, Trc has

suffered injuries in an amount to be determined at trial, and is entitled to damages under 35 U.S.C. 284. 23. The infringement by Alpha Scents is willful and deliberate, and Trc is

entitled to treble damages under 35 U.S.C. 284. WHEREFORE, Trc respectfully requests as follows: A. B. That Alpha Scents be held to have infringed the '939 and '049 Patents; That Alpha Scents be permanently enjoined from infringing or inducing

infringement of the '939 and '049 Patents; C. That Alpha Scents be ordered to fully compensate Trc for all damages

caused by Alpha Scents;

D. E.

That this case be deemed exceptional, and treble damages be awarded; That Alpha Scents be required to account for all profits, gains, and unjust

enrichment derived from their infringement; F. G. H. That Trc be awarded its attorneys' fees and costs in this action; That Trc be awarded an assessment of interest on the damages; and That Trc be awarded such other and further relief as the Court deems just

and equitable. JURY TRIAL DEMANDED

Respectfully submitted,

s/ David M. Sullivan David M. Sullivan, OBA #18851 Gary W. Davis, OBA #2204 Attorneys for Plaintiff Trc, Inc. CROWE & DUNLEVY A Professional Corporation 20 North Broadway Suite 1800 Oklahoma City, OK 73102-8273 (405) 235-7700 (405) 239-6651 (Facsimile) david.sullivan@crowedunlevy.com