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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

CASE IN POINT, LLC and MED-PACKS, LLC d/b/a THOMAS EMERGENCY MEDICAL SOLUTIONS. Civil Action No. 2:12-cv-612 Plaintiffs, v. JURY TRIAL DEMANDED

INNOVATIVE MARKETING & DISTRIBUTION, INC. d/b/a ENGEL USA. Defendant.

COMPLAINT FOR PATENT INFRINGEMENT Plaintiffs Case In Point, LLC and Med-Packs, LLC d/b/a Thomas Emergency Medical Solutions (collectively Plaintiffs) hereby complain against defendant Innovative Marketing & Distribution, Inc. d/b/a Engel USA (Defendant), and for its causes of action allege as follows: PARTIES 1. Case In Point, LLC is a limited liability company organized and operating under

the laws of the state of Utah with its principal place of business at 11728 South Autumn Ridge Drive, Sandy, Utah 84092. 2. Med-Packs, LLC is a limited liability company organized and operating under the

laws of the state of Utah with its principal place of business at 3515 S. 300 W No. 6, Salt Lake City, Utah 84115.

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3.

Med-Packs, LLC owns and does business under the name Thomas Emergency

Medical Solutions, which is a fictitious business name registered in Utah with its principal place of business at 1605 West 2100 South, Salt Lake City, Utah 84124. 4. Upon information and belief, Innovative Marketing & Distribution, Inc. is a

corporation organized and operating under the laws of the state of Florida, with its principal place of business at 900 Jupiter Park Drive, Jupiter, Florida 33458. 5. Upon information and belief, Innovative Marketing & Distribution, Inc. owns and

does business under the name Engel USA, which is a fictitious business name registered in Florida. 6. Upon information and belief, Defendant manufactures, or has manufactured for it,

and distributes portable temperature-controlled cases, including products that give rise to this action, and that are sold in this Judicial District. JURISDICTION, AND VENUE 7. This is an action for infringement under the patent laws of the United States, 35

U.S.C. 271, et. seq. This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). 8. Venue is proper in this Court under 28 U.S.C. 1400(b) and 28 U.S.C. 1391(c)

because, upon information and belief, Defendant has committed certain acts alleged herein within this Judicial District and/or has intentionally placed infringing products within a stream of commerce directed at this Judicial District with the knowledge that such infringing products would be sold and/or used in this Judicial District. In view of the foregoing, Defendant is subject to personal jurisdiction in this state and within this Judicial District and, therefore, resides within this Judicial District for purposes of venue.

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GENERAL ALLEGATIONS 9. U.S. Patent No. 8,061,149 entitled TEMPERATURE CONTROL CASE (the

149 Patent) was issued by the United States Patent and Trademark Office on November 22, 2011. The 149 Patent includes claims directed at a temperature-controlled case, such as for storing intravenous or other solutions, comprising an internal storage compartment, a cooling element configured to lower the temperature within at least a portion of the internal storage compartment, and an internal temperature sensor configured to sense the temperature within the internal storage compartment. A copy of the 149 Patent is attached hereto as Exhibit A. 10. 11. The 149 Patent was duly and legally issued and is both valid and enforceable. Case in Point, LLC is the sole assignee of the 149 Patent with all substantial

rights in and to the 149 Patent including the right to pursue legal action against infringers. 12. Thomas Emergency Medical Solutions is the exclusive licensee of the 149 Patent

with the right to manufacture and sell portable temperature control products covered by the 149 Patent in North America. CLAIM FOR RELIEF (Infringement of U.S. Patent No. 8,061,149) 13. Plaintiffs hereby incorporate the allegations in paragraphs 1 through 12 above as

though fully set forth herein. 14. Defendant has infringed and continues to infringe, either directly, or in a

contributory or induced manner (under 35 U.S.C. 271(a), (b), or (c)), one or more claims of the 149 Patent, including by way of example and not limitation, claim 1 of the 149 Patent, in this Judicial District and elsewhere by offering to sell, selling, and/or importing temperaturecontrolled cases made according to the claims in the 149 Patent.

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15.

Upon information and belief, Defendant sells or has sold temperature-controlled

cases under at least the brand name Engel MHD13 DC Fridge-Freezer-Warmer. 16. Upon information and belief, Defendant has sold Engel MHD13 DC Fridge-

Freezer-Warmer units to at least the East Texas Medical Center with facilities in Fairfield, Texas. 17. Upon information and belief, the temperature-controlled cases sold by Defendant

are made according to the apparatus recited in at least claim 1 of the 149 Patent and therefore Defendant has infringed or is infringing at least claim 1 of the 149 Patent. 18. Upon information and belief, Defendant had notice of Plaintiffs rights under the

149 Patent yet willfully and intentionally commenced and has continued infringement of the 149 Patent. 19. Plaintiffs have been and will continue to be damaged by Defendants continued

infringement of the 149 Patent.

PRAYER FOR RELIEF WHEREFORE, Plaintiffs demand trial by jury and pray that this Court: A. B. Enter an order that Defendant has infringed the 149 Patent; Enter judgment in favor of Plaintiffs and against Defendant for damages for patent infringement pursuant to 35 U.S.C. 284 in an amount to be determined at trial but in no event less than a reasonable royalty for infringement of the 149 Patent; C. Enter judgment declaring this case exceptional pursuant to 35 U.S.C. 285.

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D.

Enter judgment in favor of Plaintiffs and against Defendant for treble damages pursuant to 35 U.S.C. 284 by reason of Defendants deliberate and willful infringement of the 149 Patent;

E.

Enter an Order awarding Plaintiffs interest and reasonable attorneys fees pursuant to 35 U.S.C. 285, as well as costs and expenses; and

F.

Enter an Order granting Plaintiffs such other and further relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL Pursuant to the Federal Rules of Civil Procedure 38(b), Plaintiffs demand a trial by jury for this action on all issues so triable.

Respectfully submitted, Dated: September 24, 2012 ___/s/ Stafford Davis______________ Marc T. Rasich Utah State Bar No. 9279 STOEL RIVES, LLP Suite 1100, One Utah Center 201 South Main Street Salt Lake City, Utah 84111 Telephone (801) 328-3131 Fax (801) 578-6999 Email: mtrasich@stoel.com Stafford Davis State Bar No. 24054605 THE STAFFORD DAVIS FIRM, PC 305 S. Broadway, Suite 406 Tyler, Texas 75702 Telephone: (903) 593-7000 Fax: (903) 705-7369 Email: sdavis@stafforddavisfirm.com ATTORNEYS FOR PLAINTIFFS -572127153.1 0047511-00001

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