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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Case No. 5:11-cv-2597

THERMAPURE, INC., a California corporation, 180 Canada Larga Rd. 6 Ventura, CA 93001
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Plaintiff, vs.

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

RAPID RESPONSE RESTORATION, INC. an Ohio corporation, 11 c/o STEVEN G. TOOHEY, Statutory Agent 12 642 SUMMERDALE AVE NW MASSILLON,OH 44646-0000
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[Demand for Jury Trial]

Defendant.

For its complaint against RAPID RESPONSE RESTORATION, INC. (Rapid Response), Plaintiff THERMAPURE, INC. (ThermaPure) alleges as follows: JURISDICTION AND VENUE 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).
1.

The acts and transactions complained of herein were conceived, carried

out, made effective, and had effect within the State of Ohio and within this district, among other places. Venue is proper under 28 U.S.C. 1391(b), 1391(c) and 1400
COMPLAINT

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(a), because Plaintiff is informed and believes that Rapid Response has committed acts of infringement in the State of Ohio, County of Stark. Plaintiff is informed and believes that Defendants acts of willful patent infringement arose out of transactions and occurrences in Stark County. THE PARTIES
2.

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.
3.

Defendant Rapid Response Restoration, Inc. (Rapid Response) is a

corporation organized and existing under the laws of the State of Ohio which does business as Mr. Rapid. Plaintiff is further informed and believes that Rapid Response also does business as Water Out of Canton.
4.

Plaintiff is informed and believes that Rapid Response maintains its

principal place of business at 7890 Navarre Rd. SW, Massillon, Ohio 44646. CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 6,327,812
5.

Plaintiff incorporates by reference the preceding allegations of this Plaintiff is in the business of licensing the use of heat to remediate homes

Complaint as though fully set forth herein.

6.

and commercial buildings for the purposes of abating structures of mold, viruses, bacteria, insects (such as termites, 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.
7.

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

infringement of United States Patent No. 6,327,812 entitled, Method Of Killing

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COMPLAINT

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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.
8. 9.

The 812 Patent is valid and enforceable. Defendant Rapid Response has infringed and continues to infringe the

812 Patent by making, using, selling, or offering to sell in the United States products, devices or methods known as Water Out 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 Ohio, County of Stark.
10.

The infringing activities of Rapid Response are and have been without On information and belief, Plaintiff alleges that Rapid Responses

the authorization of Plaintiff.

11.

infringement of 812 Patent is and has been willful and deliberate. Due to the intentional nature of Rapid Responses 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.
12.

On information and believe Plaintiff alleges that Rapid Response had

knowledge of the lawsuit and resulting verdict entered in the action entitled, ThermaPure, Inc. v. Water Out Drying Corp., United States District Court for the Eastern District of Texas, Case No. 2:06-CV-453, in which Water Out equipment, which is used by Rapid Response, was found to infringe ThermaPures rights in the 812 Patent. Rapid Response learned of the lawsuit and verdict of infringement through: (1) information provided to it by Water Out Drying Corp which advised of the verdict of infringement; (2) ThermaPures industry press releases; and (3) discussions with others in the industry. In spite of this knowledge that it is

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COMPLAINT

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infringing the 812 Patent, Rapid Response has continued to use the infringing process/device.
13.

As a member of the remediation industry, Rapid Response appreciates

the scope of the 812 Patent. Notwithstanding Rapid Responses appreciation and knowledge of the value and scope of the 812 Patent, it has infringed the 812 Patent.
14.

As a direct and proximate result of Rapid Responses 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.

Rapid Responses infringement is 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 Rapid Responses acts. Plaintiff is therefore entitled to injunctive relief enjoining and restraining Rapid Response, and its 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 Rapid Response as follows:
(1)

For a judicial determination and declaration that Rapid Response has infringed the 812 Patent; For a judicial determination and decree that Rapid Responses infringement of the 812 Patent has been willful; For damages resulting from Rapid Responses infringement of the 812 Patent, and the trebling of such damages because of the willful and deliberate nature of Rapid Responses infringement;
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COMPLAINT

(2)

(3)

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(4)

In the alternative, an order that Rapid Response 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 Rapid Responses infringement be awarded to Plaintiff pursuant to 35 U.S.C. 284; For injunctive relief enjoining against further infringement of the 812 Patent by Rapid Response, its officers, directors, shareholders, agents, servants, employees, and all other entities and individuals acting in concert with them or on their behalf;

(6)

(7) (8)

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.

(9)

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 vicepending) 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.
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COMPLAINT

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COMPLAINT

DEMAND FOR JURY TRIAL 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. /s/ Daniel F. Ryan