UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________________________________________________ Equine PSSM Genetics, LLC Plaintiff, v. Animal Genetics, Inc.

Civil Case No.

Defendant. ______________________________________________________________________________

COMPLAINT Comes now the Plaintiff Equine PSSM Genetics, LLC, (hereinafter Equine PSSM) as and for its Complaint against Defendant Animal Genetics, Inc. (hereinafter Animal Genetics)
states and alleges as follows.

THE PARTIES 1. Plaintiff Equine PSSM is a Minnesota LLC with its principal place of business in

St. Paul, Minnesota. Equine PSSM owns the entire right title and interest in a patent which claims a method for testing of Polysaccharide Storage Myopathy (PSSM), a genetic disorder in equines. 2. Upon information and belief Defendant Animal Genetics is a Florida corporation

with its principal place of business at 1336 Timberlane Road Tallahassee, Florida 32312.
JURISDICTION AND VENUE

3.

The claims alleged herein arise under the patent laws of the United States, 35

U.S.C. 100, et seq.

4.

This Court has jurisdiction over the subject matter of this case pursuant to 28

U.S.C. 1331 and 1338(a). 5. This Court has personal jurisdiction over Animal Genetics under Minn. Stat.

543.19. Animal Genetics has continuous and systematic contacts in Minnesota. On information and belief Animal Genetics has offered to sell and sold tests in Minnesota that infringe the patentin-suit. On information and belief, such infringing tests are also being used in Minnesota. 6. and 1400(b). FACTUAL BACKGROUND 7. Equine PSSM realleges and incorporates as if set fully forth herein the allegations Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c),

set forth in 1-6. 8. Equine PSSM is the owner of the entire right, title and interest in and to United

States Patent No. 8,268,557 (hereinafter the 557 patent"), entitled Method of Detecting Equine Polysaccharide Storage Myopathy, duly and legally issued on September 18, 2012. A copy of the 557 patent is attached as Exhibit A hereto. 9. 10. The 557 patent may also be referred to as the patent in suit. Equine PSSM licenses the 557 patent to the University of Minnesota to enable

the University to offer and conduct genetic tests for PSSM in equines. 11. 12. Upon information and belief Animal Genetics offers a genetic test for PSSM. Upon information and belief Animal Genetics customers take samples of biologic

material and mail or otherwise ship the sample to Defendant for testing. 13. Upon information and belief Animal Genetics offers the PSSM test individually

or in conjunction with other genetic tests for equines.

14.

Upon information and belief Animal Genetics PSSM test infringes the patent in

suit literally or under the doctrine of equivalents. 15. Upon information and belief Animal Genetics had knowledge of Equines PSSM

pending patent application and issued patent yet still continued to offer infringing tests. FIRST CLAIM FOR INFRINGEMENT OF THE 557 PATENT 16. Equine PSSM realleges and incorporates as if set fully forth herein the allegations

set forth in 1-15. 17. patent. 18.

Animal Genetics has infringed the 557 patent by making, using, offering to sell

The Animal Genetics PSSM test practices one or more of the claims of the 557

and/or selling the infringing tests in this district and elsewhere in the United States, in violation of 35 U.S.C. 271. 19. Equine PSSM has complied with the statutory requirement of placing a notice of

the 557 patent on the website accessible to customers of Plaintiffs PSSM test, and has given the Defendant notice of the infringement at least as early as the filing of this suit. 20. Animal Genetics acts of infringement have caused damage to Equine PSSM in an

amount to be determined at trial. 21. Animal Genetics infringement of the 557 patent is causing irreparable harm to

Equine PSSM for which there is no adequate remedy at law. Animal Genetics infringement will continue, and will continue to cause irreparable harm to Equine PSSM, unless enjoined by this Court.

SECOND CLAIM FOR WILLFUL INFRINGEMENT OF THE 557 PATENT 22. Equine PSSM realleges and incorporates as if set fully forth herein the allegations

set forth in 1-21. 23. Upon information and belief Animal Genetics past and continuing infringement

of the 557 patent has been deliberate and willful given Animal Genetics knowledge of Equine PSSMs patent. The conduct warrants an award of treble damages, pursuant to 35 U.S.C. 284, and this an exceptional case justifying an award of attorney fees to Equine PSSM, pursuant to 35 U.S.C. 285. THIRD CLAIM FOR CONTRIBUTORY INFRINGEMENT OF THE 557 PATENT 24. Equine PSSM realleges and incorporates as if set fully forth herein the allegations

set forth in 1-23. 25. 26. Defendants have knowledge of Equine PSSMs 557 patent. Defendants are selling, and offering to sell the infringing tests in the United States

to customers with knowledge that those customers infringe the 557 patent. 27. Defendants have had, and continue to have knowledge that the use and sale of the

infringing tests, infringe the 557 patent. The infringing tests do not have any other substantially non-infringing uses. FOURTH CLAIM FOR INDUCEMENT TO INFRINGE THE 557 PATENT 28. Equine PSSM realleges and incorporates as if set fully forth herein the allegations

set forth in 1-27. 29. Defendants have knowledge of Equine PSSMs 557 patent.

30.

Defendants ongoing sale of the infringing tests, and sale of the tests in

conjunction with other equine genetic tests, induces the infringement on the part of Animal Genetics customers of the 557 patent in violation of 35 U.S.C. 271. 31. Defendants have knowledge that their customers use of the tests is infringing the

557 patent and actively support that infringement by their ongoing sale of the infringing tests, individually and in conjunction with other genetic tests. PRAYER FOR RELIEF WHEREFORE, Plaintiff Equine PSSM prays that the Court enter judgment in its favor and against Animal Genetics, as follows: A. To enter judgment that Defendant Animal Genetics has directly infringed, actively

induced others to infringe, and/or contributed to the infringement of the 557 patent pursuant to 35 U.S.C. 271; B. To enter orders preliminarily and permanently enjoining Animal Genetics, and its

respective officers, agents, servants, and employees, and attorneys, and all persons in active concert or participation with any of the foregoing, and all parties contemplated by Rule 65(d) Fed.R.Civ.P. be preliminarily and permanently enjoined from further infringement of the '557 patent pursuant to 35 U.S.C. 283; C. To award Plaintiff its respective damages in an amount sufficient to compensate it

for Animal Genetics infringement of the 557 patent, but in no event less than a reasonable royalty, together with pre-judgment and post-judgment interest and costs, pursuant to 35 U.S.C. 284; D. To find that Defendants infringement is willful, deliberate, and intentional, and

that such damages should be increased up to three times the amount assessed;

E.

To award Plaintiff damages prior to the issuance of the patents in suit pursuant to

35 U.S.C. 154(d); F. To find that this case be deemed exceptional and Plaintiff be awarded attorney

fees, expenses and costs incurred in this action pursuant to 35 U.S.C. 285; and G. To award Plaintiff such other and further relief as the Court deems just and

equitable under the circumstances. DEMAND FOR A JURY TRIAL Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully requests a trial by jury of any and all issues on which a trial by jury is available under applicable law. Dated: February 21, 2014 By: /s/ Frank S. Farrell F.S. FARRELL, LLC Frank S. Farrell (MN #28447) Alexander J. Farrell (MN #390202) 7401 Metro Blvd, suite 425 Edina, MN 55439 Telephone: (952) 921-3260 frank@fsfarrell.com alexander@fsfarrell.com

ATTORNEYS FOR PLAINTIFF EQUINE PSSM