Matthew A.

Pequignot, #16062 Pequignot + Myers 90 North Coast Highway 101 Suite 208 Encinitas, California 92024 Phone: 202-328-1200 Facsimile: 202-328-2219 Attorney for TheraPearl, LLC UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND TheraPearl, LLC 8106 Stayton Drive, Suite B Jessup, Maryland 20794 Howard County Plaintiff, vs. NUK USA LLC 728 Booster Boulevard Reedsburg, Wisconsin 53959 and GERBER PRODUCTS COMPANY 405 State Street Fremont, Michigan 49412 and MAPA GmbH Industriestrae 21-25 D - 27404 Zeven Germany Defendants. COMPLAINT FOR PATENT INFRINGEMENT

Case No. _________________

COMPLAINT

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff TheraPearl, LLC (hereinafter THERAPEARL), by its attorney, for its Complaint against Defendants NUK USA LLC (NUK), GERBER PRODUCTS COMPANY (GERBER), and MAPA GmbH (MAPA) (hereinafter collectively referred to as DEFENDANTS), alleges as follows: JURISDICTION AND VENUE 1. This is an action for patent infringement under the patent laws of the United States

of America, U.S. Code, Title 35. This Court has jurisdiction of the action under 28 U.S.C. 1338(a). Venue exists in this District under 28 U.S.C. 1391(b), (c), and (d). 2. Upon information and belief, Defendant NUK is subject to personal jurisdiction in

the state of Maryland pursuant to 28 U.S.C. 1391(c) as it markets and advertises product in the state of Maryland and sells and ships products to the state of Maryland. 3. Upon information and belief, Defendant GERBER is subject to personal

jurisdiction in the state of Maryland pursuant to 28 U.S.C. 1391(c) as it markets and advertises product in the state of Maryland and sells and ships products to the state of Maryland. 4. Upon information and belief, Defendant MAPA is subject to personal jurisdiction

in the state of Maryland pursuant to 28 U.S.C. 1391(c) as it markets and advertises product in the state of Maryland and sells and ships products to the state of Maryland.

COMPLAINT

THE PARTIES 5. Plaintiff THERAPEARL is a limited liability company, organized and existing

under the laws of Maryland, having its principal place of business at 8106 Stayton Drive, Suite B Jessup, Maryland 20794. 6. Upon information and belief, Defendant NUK is a limited liability company,

organized and existing under the laws of the state of Wisconsin, having its principal place of business at 728 Booster Boulevard Reedsburg, Wisconsin 53959. 7. Upon information and belief, Defendant GERBER is a corporation, organized and

existing under the laws of the state of Michigan, having its principal place of business at 405 State Street, Fremont, Michigan 49412. 8. Upon information and belief, Defendant MAPA is a corporation, organized and

existing under the laws of Germany, having its principal place of business at Industriestrae 2125, D - 27404 Zeven, Germany. 9. Upon information and belief, Defendants GERBER, NUK, and MAPA have been

and/or are affiliated and/or jointly owned, and such Defendants have, at times relevant to the allegations set forth in this complaint, acted in concert with one another to infringe and/or cause infringement of THERAPEARLs patent rights. CLAIMS FOR PATENT INFRINGEMENT

COMPLAINT

10.

On July 12, 2005, United States Patent No. 6,916,334 (hereinafter the 334

patent), entitled THERMAL PACK FOR THE FEMALE BREAST, was issued to Whitney W. Noonan. (Exhibit A) 11. Plaintiff THERAPEARL, by virtue of assignment, holds all right, title, and interest

in the 334 patent. 12. The 334 patent was duly and legally issued and is still in full force and effect. INFRINGEMENT BY DEFENDANTS NUK AND MAPA 13. Upon information and belief, Defendants NUK and MAPA, at a minimum, have

and do offer to sell and sell products identified by the trade name NUK, Warm or Cool Relief Packs (the NUK product) which are apparatus which meet all of the limitations of at least one claim of the 334 patent. 14. Defendants NUK and MAPA were put on actual notice of the 334 patent at least

as early as March 6, 2006 via a letter, enclosing a copy of the 334 patent, addressed to Mr. David Yates, a corporate representative of DEFENDANTS. 15. Defendants NUK and MAPA sell the NUK product to their customers, and

provide instructions to such customers, the following of such instructions which results in direct infringement of the 334 patent by such customers. In particular, instructions provided with the

COMPLAINT

NUK product instruct customers to complete steps recited in one or method claims of the 334 patent. 16. The NUK product is a non-staple item of commerce which has no substantial use

which does not infringe at least one claim of the 334 patent. 17. The NUK product is specially designed and configured to operate or be used to

meet all of the limitations of one or more claims of the 334 patent. 18. Defendants NUK and MAPA make, commercialize, and sell the NUK product

with knowledge that the NUK product is specially made for use in infringing at least one claim of the 334 patent. 19. Defendants NUK and MAPA have infringed and are now infringing one or more

of the claims of the 334 patent literally and/or under the Doctrine of Equivalents by manufacturing, distributing, importing, offering for sale, and/or selling devices covered by one or more claims of the 334 patent within the United States and by contributing to and inducing infringement by others. 20. Defendants NUK and MAPA, with notice of the 334 patent, and of their

infringement thereof, have made unlawful gains and profits from said infringement.

COMPLAINT

21.

Plaintiff THERAPEARL, due to Defendant NUK and MAPAs unlawful

infringement, has been deprived of rights and remuneration which would have otherwise come to Plaintiff THERAPEARL but for the infringement. 22. Defendants NUK and MAPA have thereby caused Plaintiff THERAPEARL

irreparable harm and will continue to cause Plaintiff THERAPEARL additional harm and damage unless they are enjoined by this Court. INFRINGEMENT BY DEFENDANTS GERBER, NUK, AND MAPA 23. Upon information and belief, Defendants GERBER, NUK, and MAPA at a

minimum, have and do offer to sell and sell products identified by the trade name Gerber, Breast Therapy, Warm or Cool Relief Packs (the GERBER product) which are apparatus which meet all of the limitations of at least one claim of the 334 patent. 24. Defendants GERBER, NUK, and MAPA were put on actual notice of the 334

patent at least as early as March 6, 2006 via a letter, enclosing a copy of the 334 patent, addressed to Mr. David Yates, a corporate representative of DEFENDANTS. 25. Defendants GERBER, NUK, and MAPA sell the GERBER product to their

customers, and provide instructions to such customers, the following of such instructions which results in direct infringement of the 334 patent by such customers. In particular, instructions

COMPLAINT

provided with the GERBER product instruct customers to complete steps recited in one or method claims of the 334 patent. 26. The GERBER product is a non-staple item of commerce which has no substantial

use which does not infringe at least one claim of the 334 patent. 27. The GERBER product is specially designed and configured to operate or be used

to meet all of the limitations of one or more claims of the 334 patent. 28. Defendants GERBER, NUK, and MAPA make, commercialize, and sell the

GERBER product with knowledge that the GERBER product is specially made for use in infringing at least one claim of the 334 patent. 29. Defendants GERBER, NUK, and MAPA have infringed and are now infringing

one or more of the claims of the 334 patent literally and/or under the Doctrine of Equivalents by manufacturing, distributing, importing, offering for sale, and/or selling devices covered by one or more claims of the 334 patent within the United States and by contributing to and inducing infringement by others. 30. Defendant GERBER, NUK, and MAPA, with notice of the 334 patent, and of

their infringement thereof, have made unlawful gains and profits from said infringement.

COMPLAINT

31.

Plaintiff THERAPEARL, due to Defendant GERBER, NUK, and MAPAs

unlawful infringement, has been deprived of rights and remuneration which would have otherwise come to Plaintiff THERAPEARL but for the infringement. 32. Defendants GERBER, NUK, and MAPA have thereby caused Plaintiff

THERAPEARL irreparable harm and will continue to cause Plaintiff THERAPEARL additional harm and damage unless they are enjoined by this Court. WHEREFORE, Plaintiff THERAPEARL prays: A. That injunctions, preliminary and permanent, be issued out of this Court

restraining DEFENDANTS and their officers, agents, servants, and employees, from directly or indirectly making or causing to be made, importing, offering for sale, selling or causing to be sold, or using or causing to be used, any product determined to fall within the scope of one or more claims of United States Letters Patent No. 6,916,334, or otherwise directly infringing, or contributing to or inducing the infringement of such patent by others. B. C. That this Court order DEFENDANTS to pay the costs of this action. That DEFENDANTS be ordered to account for and pay over all proceeds made

from said wrongful infringing acts and to account for and pay to Plaintiff THERAPEARL damages in a sum to be determined by the Court.

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D.

That this Court order DEFENDANTS to pay to Plaintiff THERAPEARL pre- and

post-judgment interest. E. That the damages awarded by the Court to Plaintiff THERAPEARL be enhanced

pursuant to 35 U.S.C. 284 in view of the willful infringement of Plaintiff THERAPEARLs United States Patent No. 6,916,334 and/or DEFENDANTS willful and wanton violation of Plaintiff THERAPEARLs patent rights. F. That, given the exceptional circumstances of this case, the Court order

DEFENDANTS to pay to Plaintiff THERAPEARL reasonable attorneys fees and all other costs which may be incurred by Plaintiff THERAPEARL. G. That this Court grant to Plaintiff THERAPEARL such other and further relief as it

may deem just and equitable. Dated: March 12, 2012 s/Matthew A. Pequignot Matthew A. Pequignot, #16062 Pequignot + Myers 90 North Coast Highway 101 Suite 208 Encinitas, California 92024 Phone: 202-328-1200 Facsimile: 202-328-2219 mpequignot@pmiplaw.com Attorney for TheraPearl, LLC

COMPLAINT