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UNITED STATES DISTRICT COURT

FILED

EASTERN DISTRICT OFVIRGINIA

ALEXANDRIA DIVISION

2013 FEB 13 A S= 2b
CLERK US DISTRICT COURT ALEXANDRIA. VIRGINIA

TRIMEL BIOPHARMA SRL

Plaintiffs,

Civil Action No.

[\\$filM4M&

DEMAND FOR JURY TRIAL

M&P PATENT AG

Defendant.

VERIFIED COMPLAINT

Plaintiff, Trimel Biopharma SRL('Trimel" or "Plaintiff"), through theundersigned, for

its Complaint against defendant H^^^H^^^I or "Defendant"), alleges as follows:

Preliminary Statement

1.

Trimel seeks ajudgment enjoining |H1 ^rom interfering with BH^^H

|and declaring that,

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The Parties

2.

Trimel is a society with restricted liability organized under thelaws of Barbados

witha principal place of business in Barbados.

H^|Upon information and belief, |

JURISDICTION AND VENUE

4.

This is an action for declaratoryjudgment pursuant to 28 U.S.C. 2201 et seq. to

^ m m m m under the United States Patent Act, including, inter alia, 35

118, ^^^^^^^l^HHH^H^^HI
||^^^^^H|^|HHI^HHfl^^HIII^HH^HHHIH Subject matter
jurisdiction is thus proper under 28 U.S.C. 1331 and 1338(a).

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5.

^^^H^HI^H^HHiiH without Trimel's consent, filed revocations

ofpowers ofattorney for each ofthe Trimel Applications with the USPTO in Alexandria,
Virginia, |

Iwhich acts and omissions will causeimmediate tortious injury to Trimel.

Iand pursuant to 35 U.S.C. 118.

7.

This Court has personal jurisdiction over H

pursuant to Fed. R. Civ. P. 4(k)(2)

and Va. Code Ann. 8.01-328.1(A)(1M4).

8.

Venue is proper in thisdistrict pursuant to 28U.S.C. 1391(b)-(c).

GENERAL ALLEGATIONS

lOn information and belieflH isowned and operated |

11.

^^^^^^^H is listed as the sole inventor for each of the |

12.

Trimel has conducted, inter alia, product development, market research and

numerous clinical trials on the nasal administration o f H H products for the treatment
ofl

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25.

Peter J. Manso ("Manso") isa United States patent attorney registered to practice

before the USPTO and a partner ofthe firm Edwards Wildman Palmer LLP ("EWP").
26. Manso and EWP are Trimel'spatentprosecution counsel.

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37.

Manso and EWP filed several patent applications pursuant to those instructions,

including the following patentapplications:

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38.

Each of the |

|filed byManso and

EWP, at the instruction of Trimel. True and correct copies of the cover pages of each of the
Trimel Applications is attachedhereto as Exhibit 4.

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40.

^^H^l signed powers of attorney on H I H giving EWP the

authority to prosecute the Trimel Applications. True and correct copies ofthe powers ofattorney
are attached hereto as Exhibit 10.

HH^anso and EWP have been attorney ofrecord for each of the Trimel Applications
since they were filed |

Trimel's PCT Applications

44.

Separate and apart from patent applications relating to the |

applications, Trimel also has filed various additional patent applications directed to new
inventions relating to Trimel's research and development and clinical trials. Those patent

applications do not depend from or relate to the I^^M^^^^^R

45. Trimel's patent applications directed tothese new inventions include three

recently filed applications filed through the Patent Cooperation Treaty ("PCT Applications").

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10

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11

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Ihas failed to respond to Trimel's February 5, 2013 correspondence|

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Iyet deliberately and willfully filed the

COUNTI

63.

Trimel hereby repeats and incorporates all ofthe preceding paragraphs as though

specifically alleged herein.

64.

This count is brought pursuant tothe Declaratory Judgment Act, 28 U.S.C. 2201

etseq. and 35 U.S.C. 118.

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'ursuant to 35 U.S.C. 118, "[a] person whootherwise shows sufficient

proprietary interest in the matter may make an application for patent on behalfofand as agent
for the inventor on proof ofthe pertinent facts and ashowing that such action isappropriate to
preserve the rights of the parties."

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is Court has the authority to grant interim relief in order to reinstate the "status

quo" between the parties pending resolution of|

COUNT II

76.

Trimel hereby repeats and incorporates all ofthe preceding paragraphs as though

specifically alleged herein.

COUNT III

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79.

Trimel hereby repeats and incorporates all of the preceding paragraphs as though

specifically alleged herein.

PRAYER FOR RELIEF

WHEREFORE, Trimel prays for and respectfully requests the following relief:

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v.

Such additional or further relief this Court, in its discretion, believes is

appropriate.
VERIFICATION

I, Robert Podruzny, am the President and Chairman of the PlaintiffTrimel Biopharma SRL. I hereby certify that I have carefully read the foregoing Verified Complaint, and that the allegations of fact set forth therein are true of my own personal knowledge, except those allegations that are made on information or belief, and those allegations I believe to be true to
the best of my knowledge, information and belief.

Signed under the penalties ofperjury this^2lh day ofFebruary 2013

Robert Podruzny, President and Chairman
Trimel Biopharma SRL

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Dated: this 13th day of February, 2013

Respectfully submitted,
TRIMEL BIOPHARMA SRL

By its attorneys,

Robert E(#cully, Jr. (VSB #19218) Emily Harwood Smith (VSB # 65527)
STITES & HARBISON PLLC

1199 North Fairfax Street, Suite 900

Alexandria, Virginia 22314 (703) 739-4900 Telephone (703) 739-9577 Facsimile

Attorneysfor PlaintiffTrimel BioPharma SRL

Kathleen B. Can-

John J. Tumilty
Andrew T. O'Connor

Elizabeth A. Spinney
Edwards Wildman Palmer LLP

111 Huntington Avenue

Boston, Massachusetts 02199 (617)239-0100

OfCounsel

19-