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Martin J. Conroy, Esq.

Gallagher, Briody & Butler 155 Village Boulevard, Suite 201 Princeton, New Jersey 08540 Telephone : 609.452.6000 Facsimile : 609.452.0090 Attorneys for Plaintiffs DERMA SCIENCES, INC., COMVITA NEW ZEALAND LTD., and APIMED MEDICAL HONEY LTD. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY : : DERMA SCIENCES, INC., COMVITA NEW : ZEALAND LTD., and APIMED MEDICAL : HONEY LTD. : : Plaintiffs, : : v. : : MANUKAMED LTD., MANUKA MEDICAL : LTD., MEDLINE INDUSTRIES, INC., and : LINKS MEDICAL PRODUCTS, INC. Defendants.

Filed Electronically CIVIL ACTION NO. _____________ COMPLAINT FOR INFRINGEMENT OF U.S PATENT NO. RE42,755 DEMAND FOR JURY TRIAL

COMPLAINT Plaintiffs Derma Sciences, Inc. ( Derma), Comvita New Zealand Ltd. (Comvita) and Apimed Medical Honey Ltd. (Apimed) (collectively, Plaintiffs) file this Complaint and Demand for Jury Trial seeking relief for patent infringement by Defendants ManukaMed Ltd. (ManukaMed), Manuka Medical Limited (MML), Medline Industries, Inc. (Medline) and Links Medical Products, Inc. (Links) (collectively, Defendants), stating and alleging the following:

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THE PARTIES 1. Plaintiff Derma is a Pennsylvania corporation with its principal place of business

at 214 Carnegie Center, Suite 300, Princeton, New Jersey 08540. Derma is a specialty medical device and pharmaceutical company with a primary focus on wound care. Derma manufactures and sells a full range of skin care, wound management and specialty securement devices that are used primarily in professional markets, specifically hospitals, nursing homes and home care settings. 2. Plaintiff Comvita is a New Zealand limited liability company with its principal

place of business at Wilson Road South, Paengaroa, Bay of Plenty, New Zealand. Comvita is an international health and beauty company that develops and manufactures a healthcare, personal care and health food products. Manuka honey, produced exclusively in New Zealand and Australia, is at the core of Comvitas product range. 3. Plaintiff Apimed is a New Zealand limited liability company with its principal

place of business at Wilson Road South, Paengaroa, Bay of Plenty, New Zealand. Apimed is a wholly-owned subsidiary of Comvita. 4. On information and belief, Defendant ManukaMed is a New Zealand limited

liability company with its principal place of business at 17 Edwin Feist Place, Solway, Masterton, New Zealand. On information and belief, ManukaMed is a developer and producer of medical manuka honey products. 5. On information and belief, Defendant MML is a United Kingdom limited liability

company with its principal place of business at 1 Tithe Barn, Bamsley Park, Bamsley, Gloucestershire, England. On information and belief, MML is involved in the manufacturing, sale and distribution of medical manuka honey products.

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6.

On information and belief, Defendants ManukaMed and MML are subsidiaries of

Watson & Son Ltd., a New Zealand limited liability company. On information and belief, Watson & Son Ltd. is a producer of manuka honey. 7. On information and belief, Defendant Medline is an Illinois corporation with its

principal place of business at One Medline Place, Mundelein, Illinois 60060. On information and belief, Medline is a distributor of ManukaMed and/or MML developed and manufactured products in the United States. 8. On information and belief, Defendant Links is a California corporation with its

principal place of business at 9247 Research Drive, Irvine, California 92618. On information and belief, Links is or has been a distributor of ManukaMed and/or MML developed and manufactured products in the United States. JURISDICTION AND VENUE 9. The court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. 1 et seq. Venue is proper in this federal district pursuant to 28 U.S.C. 1391 and 1400(b) at least in that Defendants have done business in this District, have committed acts of infringement in this District, and continue to commit acts of infringement in this District, entitling Plaintiffs to relief. CLAIM FOR RELIEF (Infringement of U.S. Patent No. RE42,755) 10. Plaintiff repeats and incorporates by reference the allegations set forth in

paragraphs 1 through 9. 11. United States Patent Number RE42,755 (the 755 Patent) titled Honey Based

Wound Dressing was duly and legally issued to Apimed on September 27, 2011. A true and correct copy of the 755 Patent is attached hereto as Exhibit A.

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12. 13.

The 755 Patent is valid and enforceable. Apimed is the owner of the 755 Patent. Comvita and Derma are exclusive

licensees of the 755 Patent. 14. On information and belief, Defendant ManukaMed has infringed and continues to

infringe one or more claims of the 755 Patent under 35 U.S.C. 271(a), either literally and/or under the doctrine of equivalents, by making, using, offering to sell and/or selling MANUKAhd Manuka-honey Impregnated Absorbent Dressing, MANUKAhd border Adherent Absorbent Dressing, MANUKAtex Honey Impregnated Absorbent Dressing, and other wound dressings containing manuka honey (collectively, the Accused Products), and/or by importing the Accused Products into the United States. 15. On information and belief, Defendant ManukaMed has actively induced and/or

contributed to the infringement of the 755 patent and continues to do so by at least: designing and manufacturing the Accused Products; aiding and abetting the importation, sale and offer for sale of the Accused Products by providing promotional and instructional materials relating to the Accused Products to Medline and Links; and by promoting the importation, sale, and/or offer for sale of the Accused Products by Medline and Links. ManukaMed is liable for its infringement of the 755 patent pursuant to 35 U.S.C. 271(b). 16. On information and belief, Defendant ManukaMed is aware of the 755 patent

and its infringement has been willful. 17. On information and belief, Defendant MML has infringed and continues to

infringe one or more claims of the 755 Patent under 35 U.S.C. 271(a), either literally and/or under the doctrine of equivalents, by making, using, offering to sell and/or selling the Accused Products, and/or by importing the Accused Products into the United States.

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18.

On information and belief, Defendant MML has actively induced and/or

contributed to the infringement of the 755 patent and continues to do so by at least: designing and manufacturing the Accused Products; aiding and abetting the importation, sale and offer for sale of the Accused Products by providing promotional and instructional materials relating to the Accused Products to Medline and Links; and by promoting the importation, sale, and/or offer for sale of the Accused Products by Medline and Links. MML is liable for its infringement of the 755 patent pursuant to 35 U.S.C. 271(b). 19. On information and belief, Defendant MML is aware of the 755 patent and its

infringement has been willful. 20. On information and belief, Defendant Medline has infringed and continues to

infringe the 755 patent by its importation and its sale and offer for sale of the Accused Products through its website, www.medline.com, and its sales offices. Medline is liable for infringement of the 755 patent pursuant to 35 U.S.C. 271(a). 21. On information and belief, Defendant Medline has actively induced and/or

contributed to infringement of the 755 Patent by others and continues to do so by at least: aiding and abetting the importation, sale and offer for sale of the Accused Products, and by providing promotional and instructional materials promoting infringing use of the Accused Products to its customers. Medline is liable for its infringement of the 755 patent pursuant to 35 U.S.C. 271(b). 22. On information and belief, Defendant Medline is aware of the 755 patent and its

infringement has been willful. 23. On information and belief, Defendant Links has infringed and continues to

infringe the 755 patent by its importation and its sale and offer for sale of the Accused Products

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through its website, www.linksmed.com, and its sales offices. Links is liable for infringement of the 755 patent pursuant to 35 U.S.C. 271(a). 24. On information and belief, Defendant Links has actively induced and/or

contributed to infringement of the 755 Patent by others and continues to do so by at least: aiding and abetting the importation, sale and offer for sale of the Accused Products, and by providing promotional and instructional materials promoting infringing use of the Accused Products to its customers. Links is liable for its infringement of the 755 patent pursuant to 35 U.S.C. 271(b). 25. On information and belief, Defendant Links is aware of the 755 patent and its

infringement has been willful. 26. On information and belief, Defendants ManukaMeds, MMLs, Medlines and

Links acts of infringement have caused damage to Plaintiffs, and Plaintiffs are entitled to recover from Defendants the damages sustained by Plaintiffs as a result of Defendants wrongful acts in an amount subject to proof at trial. Defendants infringement of Plaintiffs exclusive rights under the 755 patent will continue to damage Plaintiffs, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. 27. The acts of infringement described above are willful, deliberate, and in reckless

disregard of Plaintiffs patent rights. JURY DEMAND 28. Plaintiffs hereby demand a jury trial on all issues so triable. PRAYER FOR RELIEF WHEREFORE, Plaintiffs Derma Sciences, Inc., Comvita New Zealand Limited, and Apimed Medical Honey Limited pray for a judgment of injunctive and monetary relief against Defendants as follows:

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a)

For judgment that ManukaMed, MML, Medline and Links have infringed U.S.

Patent No. RE42,755 in violation of 35 U.S.C. 271; b) For preliminary and permanent injunctive relief pursuant to 35 U.S.C. 283

against any further infringement, active inducement of infringement, and contributory infringement of the 755 Patent by Defendants, their officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them; c) For damages pursuant to 35 U.S.C. 284 arising out of Defendants infringement

of the 755 Patent, together with prejudgment and post-judgment interest; d) For a determination that Defendants infringement is willful and that this is an

exceptional case under 35 U.S.C. 285; e) Plaintiff; and f) For such other and further relief as the Court may deem just and proper. For an award of enhanced damages and the attorneys fees and costs incurred by

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Dated: June 4, 2012

By:

/s/ Martin J. Conroy GALLAGHER, BRIODY & BUTLER Martin J. Conroy 155 Village Boulevard, Suite 201 Princeton, New Jersey 08540 Telephone: 609.452.6000 Facsimile: 609.452.0090

Pro Hac Vice Applications To Be Filed MORRISON & FOERSTER LLP David C. Doyle (CA Bar No. 70690) Anders T. Aannestad (CA Bar No. 211100) Pamela McElroy (CA Bar No. 265535) 12531 High Bluff Drive, Suite 100 San Diego, CA 92130 Telephone: 858.720.5100 Facsimile: 858.720.5125 Attorneys for Plaintiffs DERMA SCIENCES, INC., COMVITA NEW ZEALAND LTD., and APIMED MEDICAL HONEY LTD.

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CERTIFICATION I certify that the matter in controversy is not the subject of any other Complaint pending in any Court or of a pending arbitration or administrative proceeding. No such other Complaint or proceeding is contemplated. Dated: June 5, 2012 GALLAGHER, BRIODY & BUTLER Attorneys for Plaintiffs

By: /s/ Martin J. Conroy

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