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KNEAFSEY & FRIEND LLP SEAN M. KNEAFSEY (SBN 180863) skneafsey@kneafseyfriend.com 800 Wilshire Blvd., Suite 710 Los Angeles, California 90017 Phone: (213) 892-1200 Fax: (213) 892-1208 Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

THERMAPURE, INC., a California corporation, Plaintiff, vs. PINNACLE EMERGENCY MANAGEMENT, INC., a California corporation, Defendants.

Case No.

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COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,327,812

[Demand for Jury Trial]

For its complaint against PINNACLE EMERGENCY MANAGEMENT, INC. (Pinnacle), Plaintiff THERMAPURE, INC. (ThermaPure) alleges as follows: JURISDICTION AND VENUE 1. This is a civil action arising in part under laws of the United States

relating to patents (35 U.S.C. 271, 281, 283, 284, and 285). This Court has federal jurisdiction of such federal question claims pursuant to 28 U.S.C. 1331 and 1338(a).

COMPLAINT

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2.

The acts and transactions complained of herein were conceived, carried

out, made effective, and had effect within the State of California and within this district, among other places. Venue is proper under 28 U.S.C. 1391(b), 1391(c) and 1400(a), because Plaintiff is informed and believes that Pinnacle has committed acts of infringement in the State of California, County of Sacramento. Plaintiff is informed and believes that Defendants acts of willful patent infringement arose out of transactions and occurrences in Sacramento County. THE PARTIES 3. Plaintiff ThermaPure, Inc. is a corporation duly organized and existing

under the laws of the State of California with its principal place of business located at 180 Canada Larga Rd., Ventura, California 93001. 4. Defendant Pinnacle Emergency Management, Inc. (Pinnacle) is a

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corporation organized and existing under the laws of the State of California. Plaintiff is informed and believes that Pinnacle maintains its principal place of business as 2511 Del Monte St., West Sacramento, CA 95691. CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 6,327,812 5. Plaintiff incorporates by reference the preceding allegations of this

Complaint as though fully set forth herein. 6. Plaintiff ThermaPure is in the business of using heat to remediate

homes and commercial buildings so that they are free of mold, viruses, bacteria, insects (such as termites, bed buds, wood boring beetles, cockroaches, scorpions, and dust mites) and rodents. ThermaPures patented and proprietary processes are also used in construction dryout and in the removal of toxic chemicals such as volatile organic compounds. 7. Plaintiff ThermaPure owns all right, title, interest in and has standing to

sue for the infringement of United States Patent No. 6,327,812 entitled, Method Of Killing Organisms And Removal Of Toxins In Enclosures which was duly granted
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by the United States Patent and Trademark Office on December 11, 2001 (the 812 Patent). A true and correct copy of the 812 Patent is attached as Exhibit 1. 8. Defendant Pinnacle has infringed and continues to infringe the 812

Patent by making, using, selling, or offering to sell in the United States products, devices or methods that embody or otherwise practice one or more of the claims of the 812 Patent, or by otherwise contributing to infringement or inducing others to infringe the 812 Patent. Plaintiff is informed and believes that the acts of infringement occurred in the State of California, County of Sacramento. 9. On information and belief, Plaintiff alleges that Pinnacles infringement

of 812 Patent is and has been willful and deliberate. 10. As a direct and proximate result of Pinnacles infringement,

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contributory infringement and/or inducement to infringe the 812 Patent, Plaintiff has been and continues to be damaged in an amount to be proven at trial. 11. Pinnacles infringement is ongoing and has caused, and, unless

enjoined and restrained by this Court, will continue to cause Plaintiff great and irreparable injury to, among other things, Plaintiffs good will, business reputation, and market share. Plaintiff is therefore entitled to injunctive relief enjoining and restraining Pinnacle, and its respective officers, agents, servants, and employees, and all persons acting in concert with them, and each of them, from further infringement of the 812 Patent. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Pinnacle as follows: (1) For a judicial determination and declaration that Pinnacle has infringed the 812 Patent; (2) For a judicial determination and decree that Pinnacles infringement of the 812 Patent has been willful;

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(3)

For damages resulting from Pinnacles infringement of the 812 Patent, and the trebling of such damages because of the willful and deliberate nature of Pinnacles infringement;

(4)

For injunctive relief enjoining against further infringement of the 812 Patent by Pinnacle, its officers, directors, shareholders, agents, servants, employees, and all other entities and individuals acting in concert with them or on their behalf;

(5) (6)

For an assessment of prejudgment interest on damages; For a declaration that this is an exceptional case under 35 U.S.C. Section 285 and for an award of attorneys fees and costs in this action;

(7)

For such other and further relief as the Court deems just and equitable. KNEAFSEY & FRIEND LLP

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DATED: June 24, 2011

/s Sean M. Kneafsey By __________________________________ Sean M. Kneafsey Attorneys for Plaintiff, THERMAPURE, INC.

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DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury of any issue triable by right of a jury pursuant to Rule 38 of the Federal Rules of Civil Procedure.

DATED: June 24, 2011

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KNEAFSEY & FRIEND LLP

/s Sean M. Kneafsey By __________________________________ Sean M. Kneafsey Attorneys for Plaintiff, THERMAPURE, INC.

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EXHIBIT 1

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