IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION UNIQUE PHARMACEUTICALS, LTD.

, Plaintiff, vs.

Civil Action No. ____________

PHARMEDIUM SERVICES, LLC Defendant.

ORIGINAL COMPLAINT I. THE PARTIES 1. Plaintiff, UNIQUE PHARMACEUTICALS, LTD., is a Texas Corporation with a

principal place of business at 6428 General Bruce Drive; Temple, Texas 76502. 2. Defendant, PHARMEDIUM SERVICES, LLC (PHARMEDIUM) is, on

information and belief, a Delaware limited liability company with its principal place of business at 150 North Field Drive, Lake Forest, Illinois 60045. PHARMEDIUM may be served with process on its registered agent, National Registered Agents, Inc., at 16055 Space Center, Suite 235, Houston, Texas 77062, or wherever it may be found. II. JURISDICTION AND VENUE 3. 4. This is an action for declaratory judgment, pursuant to 28 U.S.C. 2201. The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338 in that the action arises under the Patent Laws of the United States, Title 35, United States Code.

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UNIQUE PHARMACEUTICALS, LTD. (hereafter referenced as UNIQUE

PHARMACEUTICALS) is entitled to a judgment declaring that no product of UNIQUE PHARMACEUTICALS that has been identified by PHARMEDIUM as infringing U.S. Patent No. 7,918,830 (the 830 patent) infringes any claim of such patent. 6. This Court has personal jurisdiction over PHARMEDIUM, at least in part because

PHARMEDIUM does business in, and has regular contacts with this State and District. Venue lies properly within this District pursuant to 28 U.S.C. 1391 (b) and (c). III. FACTS 7. UNIQUE PHARMACEUTICALS has for a number of years produced and sold

medical and surgical supplies in or near Temple, Texas. 8. Among UNIQUE PHARMACEUTICALS present products is a series of labels

that are used to increase the safety of use of medications, particularly in high-stress, fast-paced environments like operating rooms and trauma centers. 9. PHARMEDIUM is, on information and belief, the current owner of the 830

patent (a copy of which is attached hereto as EXHIBIT A), or, in the alternative, is a licensee of such patent. 10. The 830 patent includes nine (9) claims (three independent claims and six dependent

claims), all relating to medical/syringe labels as depicted in the specification and drawings of the 830 patent. 11. On or about 13 March 2012, counsel for PHARMEDIUM, Mr. Alan L. Barry of K & L

Gates Chicago office, issued a cease and desist letter to UNIQUE PHARMACEUTICALS, accusing UNIQUE PHARMACEUTICALS of infringing the 830 patent and demanding a cessation of all sales of UNIQUE PHARMACEUTICALS medications labeling products.

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12.

On information and belief, whether through explicit claim limitations (as properly

construed), and/or through application of prosecution history estoppel and disclaimer, all claims of the 830 patent include limitations not found in any product made, sold or offered for sale by UNIQUE PHARMACEUTICALS. 13. No UNIQUE PHARMACEUTICALS product infringes any claim of the 830

patent, literally or under the doctrine of equivalents. 14. At least in the event that any claim of the 830 patent were to be construed such

that a UNIQUE PHARMACEUTICALS product would arguably fall within the scope of such claim, then, in the alternative, such claim would be invalid pursuant to one or more provisions of 35 U.S.C. 101, 102, 103 and/or 112. 15. UNIQUE PHARMACEUTICALS syringe labels are important parts of UNIQUE

PHARMACEUTICALS product line one on which UNIQUE PHARMACEUTICALS relies for a substantial part of its revenues. In addition, these labels are important safeguards to protect the public against accidents in the medical and surgical contexts. 16. The threat of litigation with PHARMEDIUM is a significant hindrance to

UNIQUE PHARMACEUTICALS and, on information and belief, its distributors and customers. This is true, in part, because going forward with bids and sales of its products subjects UNIQUE PHARMACEUTICALS and all those dealing with UNIQUE PHARMACEUTICALS to reasonable apprehension of claims by PHARMEDIUM of patent infringement, willful patent infringement, and of damages over and above any for which an alleged foundation already would allegedly lie in prior sales.

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Without early resolution of the controversy with PHARMEDIUM relating to the

scope of the 830 patent, UNIQUE PHARMACEUTICALS is placed at an unfair and unjust competitive disadvantage. 18. UNIQUE PHARMACEUTICALS has an objective basis for believing that, unless

UNIQUE PHARMACEUTICALS abstains from selling products for which is needs no license or permission from PHARMEDIUM (at least because such products do not fall within the scope of any claim of the 830 patent), PHARMEDIUM will commence litigation against UNIQUE PHARMACEUTICALS, such objective basis lying, at least in part, on the affirmative actions of PHARMEDIUM (contacting UNIQUE PHARMACEUTICALS and expressly alleging that UNIQUE PHARMACEUTICALS is infringing PHARMEDIUMs 830 patent by making and selling the referenced labels). IV. COUNTS COUNT I (DECLARATORY JUDGMENT OF NON-INFRINGEMENT F U.S. PATENT NO. 7,918,830) 19. UNIQUE PHARMACEUTICALS repeats and re-alleges paragraphs 1 - 18,

above, as though fully set forth herein. 20. UNIQUE PHARMACEUTICALS is entitled to, and hereby requests, jointly and

severally, a declaratory judgment that no product now sold by UNIQUE PHARMACEUTICALS infringes, either directly or indirectly, either literally or under any application of the doctrine of equivalents, any valid claim of the 830 patent.

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COUNT II (DECLARATORY JUDGMENT OF INVALIDITY OF ALL CLAIMS OF U.S. PATENT NO. 7,918,830) 21. UNIQUE PHARMACEUTICALS repeats and re-alleges paragraphs 1 - 20,

above, as though fully set forth herein. 22. UNIQUE PHARMACEUTICALS is entitled to, and hereby requests, a

declaratory judgment that, in the alternative to COUNT I, all claims of the 830 patent are invalid pursuant to 35 U.S.C. 102, 103 and/or 112. COUNT III (DECLARATORY JUDGMENT OF UNENFORCEABILITY OF ALL CLAIMS OF U.S. PATENT NO. 7,918,830) 23. UNIQUE PHARMACEUTICALS repeats and re-alleges paragraphs 1 - 22,

above, as though fully set forth herein. 24. UNIQUE PHARMACEUTICALS is entitled to, and hereby requests a declaratory

judgment that, in the alternative to COUNTS I and II, all claims of the 830 patent are unenforceable. V. PRAYER FOR RELIEF WHEREFORE, UNIQUE PHARMACEUTICALS, LTD. prays that the Court enter judgment against PHARMEDIUM SERVICES, LLC, as follows: A. Declaring that products made according to any and all current UNIQUE PHARMACEUTICALS designs for its medication labels, including, but not limited to those alleged by PHARMEDIUM to infringe the 830 patent, fall outside the scope of and all claims of the 830 patent; B. That UNIQUE PHARMACEUTICALS will not infringe any claim of the 830 patent, literally or by doctrine of equivalents, directly, or by inducement or
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contribution through, directly or indirectly, the making, selling, offering for sale, using, importing, or exporting any of its medication labels, including, but not limited to those alleged by PHARMEDIUM to infringe the 830 patent, fall outside the scope of and all claims of the 830 patent; C. That United States Patent No. 7,918,830 is invalid pursuant to one or more of patent statutes sections, including 35 U.S.C. 102, 103 and/or 112. D. Awarding to UNIQUE PHARMACEUTICALS such other and further relief as the Court may deem just and proper. VI. JURY DEMAND UNIQUE PHARMACEUTICALS, LTD. demands a trial by jury on all issues so triable. Dated: March 26, 2012. Respectfully submitted LOOPER REED & McGRAW, P.C.

By: /s/ David G. Henry, Sr. DAVID G. HENRY, SR. Texas State Bar No. 09479355 1601 Elm Street, Suite 4600 Dallas, Texas 75201 Telephone: 214-954-4135 Facsimile: 214-953-1332 Email: dhenry@lrmlaw.com

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