IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SAGE PRODUCTS, LLC

Plaintiff, v. SWIPESENSE, INC. Defendants. COMPLAINT Comes now Plaintiff, Sage Products, LLC (Sage), for its Complaint against SwipeSense, Inc. (SwipeSense or Defendant). As its Complaint against Defendant, Plaintiff states and alleges as follows: NATURE OF THE ACTION 1. This is an action against SwipeSense for infringement of U.S. Patent No.

Case No.: 13-cv-7910

JURY TRIAL DEMANDED

6,392,546 (546 patent) entitled HAND WASHING COMPLIANCE MEASUREMENT AND RECORDING DEVICE (Exhibit A) for the manufacture, use, sale, offer for sale and/or distribution of SwipeSenses Hand Hygiene 2.0 product (the Accused Product). 2. As alleged and pleaded herein, Defendant has infringed and is infringing Sages

patent rights through its activities regarding hand hygiene products, including without limitation the Accused Product. Such unlawful activities are occurring throughout the United States and, in particular, in this District.

THE PARTIES 3. Plaintiff Sage is incorporated under the laws of Delaware, and has a place of

business at 3909 Three Oaks Road, Cary, Illinois 60013. 4. Sage is the assignee of the 546 patent, a true and correct copy of which is

attached as Exhibit A. The 546 patent issued on May 21, 2002, and is directed to a HAND WASHING COMPLIANCE MEASUREMENT AND RECORDING SYSTEM. 5. For over 35 years, Sage has been providing innovative healthcare products for

hospitals, including but not limited to hand hygiene products. 6. Hand hygiene is an important element in reducing and/or preventing hospital

acquired infections. In an effort to increase hand hygiene compliance, Sage has been researching and developing hand hygiene compliance solutions for several years. 7. Sage has conducted trials of its hand hygiene products and solutions in six

different hospitals and presented its results at various national conferences, including but not limited to the National Teaching Institute and Critical Care Exposition in May 2012 and the Association of Professionals in Infection Control and Epidemiology Annual Conference in June 2012 and June 2013. 8. Sage has been investing and continues to invest in its hand hygiene product

design and development, product testing, clinical testing, behavioral consultants, software development and supplier development to prepare for a commercial launch of its hand hygiene product and solution. Sage anticipates commercial launch of its system in the near future. Sage has an extensive patent portfolio, which covers the essential products and methods necessary to monitor hand hygiene compliance by healthcare workers.

9.

Defendant SwipeSense is incorporated in Delaware and has a principal place of

business at 600 Davis Street, Suite 3W, Evanston, IL 60201. 10. SwipeSense manufactures and distributes a personal hand hygiene dispenser that,

records the frequency of use and location data of the hand hygiene dispenser. SwipeSense manufactures, uses, offers for sale, sells, and/or imports hand hygiene products, including without limitation those marketed as the Hand Hygiene 2.0, which have been offered for sale and sold within the United States and, in particular, in this District. JURISDICTION AND VENUE 11. This is an action for patent infringement under 35 U.S.C. 271. This Court has

subject matter jurisdiction over Sages federal claims of patent infringement pursuant to 28 U.S.C. 1331 and 1338(a). 12. This Court has personal jurisdiction over the Defendant for the purposes of this

action pursuant to 28 U.S.C. 1391 and 1400 because the Defendant resides in this district or sells and/or offers to sell the accused product in this District. 13. SwipeSense maintains a website at http://www.swipesense.com/. Exhibits B and

C include screen shots of SwipeSenses website obtained in May 2013 and October 2013, respectively. SwipeSenses website includes a description and image of the Hand Hygiene 2.0. SwipeSense also maintains a blog that provides, among other things, commentaries and news regarding SwipeSenses Hand Hygiene 2.0. (See Exhibit D.) Additionally, SwipeSense produced a brochure regarding its Hand Hygiene 2.0 product that includes descriptions and images of the product. (See Exhibit E.) In approximately April of 2012, the founders of SwipeSense described the functionality and features of the Hand Hygiene 2.0 product to an

audience. A video recording of this presentation is available online at the following URL: http://www.youtube.com/watch?v=rcQZkKWt9Pk and attached hereto as Exhibit F. 14. Venue is proper in this District under 28 U.S.C. 1391 and 1400 because at least

a substantial part of the events giving rise to Sages claims occurred in this District and Defendant is subject to personal jurisdiction in this District. 15. A real, immediate, and justiciable controversy exists between Sage and the

Defendant relating to the infringement of the 546 patent. SWIPESENSES INFRINGEMENT OF THE 546 PATENT 16. The 546 patent issued on May 21, 2002 and recites claims 1-47. Claims 1-27

and 44-47 are each directed to a method of monitoring hand washing agents dispenser activity. Claims 28-41 are each directed to a system for monitoring hand washing activity. Claims 42 and 43 are directed to a combination for monitoring hand washing activity. 17. The Accused Product literally infringes at least one claim of the 546 patent

and/or infringes at least one claim of the 546 patent under the Doctrine of Equivalents. The Accused Product is a hand washing system that includes a hand washing device and a wall monitoring unit. The wall monitoring unit detects when an individual enters a room and associates all subsequent data to this individual. The hand washing device contains electronics that transmits usage data directly to a Web-based application every time the hand washing device is used. This Web-based application tracks frequency of use and location data and provides each individual the ability to monitor his/her use of the hand washing device. COUNT I: PATENT INFRINGEMENT AGAINST SWIPESENSE 18. Sage incorporates by reference each of the preceding allegations of paragraphs 1 -

17 above as though stated herein.

19.

On information and belief, SwipeSense manufactures, uses, sells, offers to sell

and/or imports the Accused Product within the United States. 20. On information and belief, SwipeSense has directly infringed one or more claims

of the 546 patent within this District and elsewhere within the United States through its manufacture, use, sale, offer to sell, and/or importation of the Accused Product. 21. The afore-alleged and pleaded acts constitute literal infringement and/or

infringement under the doctrine of equivalents. 22. injury. WHEREFORE, Sage prays that: A. United States Patent No. 6,392,546 be adjudged by this Court to be enforceable Unless enjoined, SwipeSenses acts will cause Sage irreparable harm, loss, and

and not invalid; B. C. Defendant be adjudged by this Court to have infringed U.S. Patent No. 6,392,546; Defendant be ordered by this Court to account for and pay Sage damages

adequate to compensate Sage for the infringement of U.S. Patent No. 6,392,546, including interest under 35 U.S.C. 284; D. A permanent injunction be issued preventing further infringement of U.S. Patent

No. 6,392,546 against Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them; E. Defendant be ordered to pay interest, costs, and reasonable attorney fees to Sage

under 15 U.S.C. 1117(a); and F. proper. Sage be awarded such other and further relief as this Court may deem just and

DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38(b), Sage demands a trial by jury in this action on all issues triable by jury.

Respectfully Submitted,

BRINKS GILSON & LIONE Date: November 4, 2013 /s/ Jon H. Beaupr Timothy Q. Delaney (IL Bar No. 6198816) Email: tdelaney@brinksgilson.com Jon H. Beaupr (IL Bar No. 6298230) Email: jbeaupre@brinksgilson.com Danielle C. Cendrowski (IL Bar No. 6303029) Email: dcendrowski@brinksgilson.com NBC Tower, Suite 3600 455 North Cityfront Plaza Drive Chicago, Illinois 60611-5599 Telephone: (312) 321.4200 Facsimile: (312) 321.4299 Attorneys for Sage Products, LLC