IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PLATTE CHEMICAL COMPANY, Plaintiff, v.

FUZION AG, INC.; and FUZION TECHNOLOGIES, LLC, inclusive, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. __________________ JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Platte Chemical Company ("Platte"), by and through its undersigned counsel, for its Complaint against Fuzion Ag., Inc. ("Fuzion") and Fuzion Technologies LLC ("Fuzion Technologies") (together, "Defendants"), states and alleges as follows: PARTIES

1.

Plaintiff Platte Chemical Company is incorporated in Nebraska and has its

principal place of business in Greenville, Mississippi.

2.

Upon information and belief, defendant Fuzion Ag., Inc. is incorporated in

Nevada and conducts business in Delaware, including, among other things, through a business location in Seaford, Delaware and a registered agent in Dover, Delaware.

3.

Upon information and belief, defendant Fuzion Technologies LLC is incorporated

in North Carolina and conducts business in Delaware, including, among other things, through Fuzion's business location in Seaford, Delaware.

JURISDICTION AND VENUE

4.

Platte asserts claims for patent infringement arising under the patent laws of the

Unites States, 35 U.S.C. 1 et seq. The Court has subject-matter jurisdiction over Platte's claims under 28 U.S.C. 1331 and 1338(a).

5.

The Court has personal jurisdiction over the defendants because, upon

information and belief, each defendant has purposefully availed itself of the privilege of conducting activities within this forum by, among other things, making, using, selling, offering to sell, and/or importing products, including the infringing products identified in this Complaint, in this forum.

6.

Venue is proper in this district under 28 U.S.C. 1391(b) and (c) and 1400(b). PATENT-IN-SUIT

7.

On September 28, 2004, the United States Patent and Trademark Office duly and

legally issued United States Patent No. 6,797,673 (the "'673 patent"), entitled "LecithinContaining Drift Reduction Composition For Use In Spraying Agricultural Acreage," to Randall Worthley and Daniel Bergman, who assigned their rights and interests in the '673 patent to Platte. A true and correct copy of the '673 patent is attached as Exhibit A.

8. 9.

Platte is the owner of the '673 patent. Platte has complied with the marking and notice provisions of 35 U.S.C. 287

with respect to the '673 patent. FACTUAL ALLEGATIONS

10.

Platte is a major provider of agricultural products in the United States.

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11.

Upon information and belief, beginning in or around mid-2009, certain employees

of Platte's affiliated companies left their employment to form defendants Fuzion and Fuzion Technologies.

12.

Upon information and belief, when these former employees left, they had

knowledge of Platte's intellectual property portfolio, including the '673 patent.

13.

Upon information and belief, when these former employees left, they had

knowledge of products that were covered by one or more claims of the '673 patent, including the drift-control agent, "LIBERATE."

14.

Upon information and belief, since at least mid-2009, Defendants have conspired

with these former employees in Delaware to commit numerous unlawful and tortious acts for the purposes of unfairly competing with Platte. Among other things, upon information and belief, Defendants' have made, used, sold, and offered for sale, and continue to make, use, sell and offer for sale, surfactant/drift-control agents and other products, including without limitation "Kozmo," that infringes one or more claims of the '673 patent. COUNT I (Patent Infringement Against Fuzion)

15.
stated herein.

Platte realleges and incorporates by reference paragraphs 1 through 14 as if fully

16.

Upon information and belief, since its formation, Fuzion has had knowledge of

the '673 patent.

17.

Upon information and belief, Fuzion is directly infringing the '673 patent by,

among other things and without limitation, making, using, selling, and/or offering for sale products, including without limitation "Kozmo," in this district and elsewhere in the United States, in violation of 35 U.S.C. 271(a).

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18.

Upon information and belief, Fuzion is indirectly infringing the '673 patent by,

among other things and without limitation, inducing others or contributing to the infringement by others in the making, using, selling, and/or offering for sale of products, including without limitation "Kozmo," in this district and elsewhere in the United States, in violation of 35 U.S.C. 271(b) and (c).

19. 20.

Fuzion has committed these acts without license or authorization. Upon information and belief, Fuzion's infringement of the '673 patent has been

and continues to be willful.

21.

Fuzion's infringement of the '673 patent has caused damage and irreparable injury

to Platte, and will continue to do so unless enjoined by the Court. COUNT II (Patent Infringement Against Fuzion Technologies)

22.
stated herein.

Platte realleges and incorporates by reference paragraphs 1 through 21 as if fully

23.

Upon information and belief, since its formation, Fuzion Technologies has had

knowledge of the '673 patent.

24.

Upon information and belief, Fuzion Technologies is directly infringing the '673

patent by, among other things and without limitation, making, using, selling, and/or offering for sale products, including without limitation "Kozmo," in this district and elsewhere in the United States, in violation of 35 U.S.C. 271(a).

25.

Upon information and belief, Fuzion Technologies is indirectly infringing the '673

patent by, among other things and without limitation, inducing others or contributing to the infringement by others in the making using, selling, and/or offering for sale of products,

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including without limitation "Kozmo," in this district and elsewhere in the United States, in violation of 35 U.S.C. 271(b) and (c).

26. 27.

Fuzion Technologies has committed these acts without license or authorization. Upon information and belief, Fuzion Technologies' infringement of the '673

patent has been and continues to be willful.

28.

Fuzion Technologies' infringement of the '673 patent has caused damage and

irreparable injury to Platte, and will continue to do so unless enjoined by the Court PRAYER FOR RELIEF WHEREFORE, plaintiff Platte respectfully requests that this Court: A. U.S.C. 271; B. willful; C. Enter an order permanently enjoining Defendants, and their respective officers, Enter judgment that Defendants' infringement of the '673 patent is and has been Enter judgment that Defendants have infringed the '673 patent in violation of 35

agents, servants, employees, attorneys, and all persons in active concert or participation with any of the foregoing, who receive actual notice by personal service or otherwise of the orders, from infringing the '673 patent in violation of 35 U.S.C. 271; D. Award Platte its damages in amounts sufficient to compensate it for Fuzion's

infringement of the '673 patent, including enhanced damages for willful infringement, together with pre-judgment and post-judgment interest and costs, pursuant to 35 U.S.C. 284; E. Declare this case to be "exceptional" under 35 U.S.C. 285 and award Platte its

attorneys' fees incurred in this action;

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F.

Award Platte pre-judgment and post-judgment interest at the maximum rate

permitted by law; and G. Award Platte such other and further relief as this Court deems just and proper. DEMAND FOR JURY TRIAL Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Platte respectfully requests a trial by jury of any and all issues on which a trial by jury is available under applicable law. OF COUNSEL: Natalie Hanlon-Leh Joel D. Sayres FAEGRE & BENSON, LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203 Tel: (303) 607-3500 Fax: (303) 607-3600 nhanlon-leh@faegre.com jsayres@faegre.com Dated: November 23, 2011
1036898 / 38599

POTTER ANDERSON & CORROON LLP

By: /s/ Richard L. Horwitz Richard L. Horwitz (#2246) David E. Moore (#3983) 1313 N. Market Street Hercules Plaza, 6th Floor Wilmington, DE 19899 rhorwitz@potteranderson.com dmoore@potteranderson.com Attorneys for Plaintiff Platte Chemical Company

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