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COMPLAINT

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Kneafsey&FriendLLP

800WilshireBlvd,

Suite710

LosAngeles,California90017

KNEAFSEY & FRIEND LLPSEAN M. KNEAFSEY (SBN 180863)skneafsey@kneafseyfriend.com800 Wilshire Blvd., Suite 710Los Angeles, California 90017Phone: (213) 892-1200Fax: (213) 892-1208

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

THERMAPURE, INC., a Californiacorporation,

Plaintiff,

vs.

PINNACLE EMERGENCYMANAGEMENT, INC., a Californiacorporation,

Defendants.

Case No.

COMPLAINT FORINFRINGEMENT 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 Statesrelating 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).

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COMPLAINT

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Kneafsey&FriendLLP

800WilshireBlvd,

Suite710

LosAngeles,California90017

2. The acts and transactions complained of herein were conceived, carriedout, 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 existingunder 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 acorporation 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 thisComplaint as though fully set forth herein.

6. Plaintiff ThermaPure is in the business of using heat to remediatehomes 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 tosue 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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COMPLAINT

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Kneafsey&FriendLLP

800WilshireBlvd,

Suite710

LosAngeles,California90017

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 812Patent 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 infringementof 812 Patent is and has been willful and deliberate.

10. As a direct and proximate result of Pinnacles infringement,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, unlessenjoined 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 infringedthe 812 Patent;

(2) For a judicial determination and decree that Pinnacles infringement ofthe 812 Patent has been willful;

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COMPLAINT

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Kneafsey&FriendLLP

800WilshireBlvd,

Suite710

LosAngeles,California90017

(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 812Patent 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) For an assessment of prejudgment interest on damages;(6) 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.DATED: June 24, 2011 KNEAFSEY & FRIEND LLP

/s Sean M. KneafseyBy __________________________________

Sean M. Kneafsey

Attorneys for Plaintiff, THERMAPURE, INC.

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DEMAND FOR JURY TRIAL

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Kneafsey&FriendLLP

800WilshireBlvd,

Suite710

LosAngeles,California90017

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 KNEAFSEY & FRIEND LLP

/s Sean M. KneafseyBy __________________________________

Sean M. Kneafsey

Attorneys for Plaintiff, THERMAPURE, INC.

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EXHIBIT 1

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