UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION COMPUSPACE L.C., Plaintiff, vs.

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Case No. ________________

IDC SOLUTIONS PTY. LTD. and STERILE ENVIRONMENT TECHNOLOGIES, INC. Defendants.

JURY TRIAL DEMANDED

COMPLAINT COMES NOW CompuSpace L.C. (CompuSpace), by and through its attorneys, and for its Complaint against IDC Solutions Pty. Ltd. (IDC) and Sterile Environment Technologies, Inc. (SET3) states as follows: Parties 1. CompuSpace is a limited liability company organized and existing under the laws

of the state of Missouri, USA, with its principal place of business located at 717G Crown Industrial Court, Chesterfield, Missouri 63005. 2. Upon information and belief, IDC Solutions Pty. Ltd. is a proprietary company

organized and existing under the laws of Australia, having a principal place of business at Suite 8, 21 Regent Street, Redfern, New South Wales 2016, Australia. 3. Upon information and belief, Sterile Environment Technologies, Inc. has a

principal place of business at 14 East Washington St., Ste. 401, Orlando, Florida 32801.

Jurisdiction and Venue 4. Upon information and belief, defendants IDC and SET3 have been and are

infringing, contributing to and/or actively inducing the infringement of one or more claims of U.S. Patent Nos. 7,782,625 and 7,944,699 in this judicial district and elsewhere in the United States by the manufacture, use, offer for sale, sale, distribution, and/or importation into the United States of products and/or kits covered under the scope of one or more of the claims of U.S. Patent Nos. 7,782,625 and 7,944,699. 5. This Court has jurisdiction over this Complaint pursuant to 28 U.S.C. 1331 and

1338(a) and under the patent laws of the United States, 35 U.S.C. 1, et seq. This Court also has jurisdiction over this dispute pursuant to 28 U.S.C. 1332(a) in that the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and diversity of citizenship exists among the parties. 6. Venue in this district is proper pursuant to 28 U.S.C. 1391 and 1400 as, inter

alia, defendants IDC and SET3 have, upon information and belief, committed acts of infringement in this district, a substantial part of the events giving rise to this action occurred in this district, and a substantial part of the property that is the subject of this action is situated in this district. U.S. Patent Number 7,782,625 7. On August 20, 2008, CompuSpace filed U.S. Patent Application Serial No.

12/229,236 (the 236 Application) with the United States Patent and Trademark Office, entitled Server Rack Blanking Panel and System, which application duly and properly issued as United States Patent No. 7,782,625 on August 24, 2010 (the 625 Patent). A true and accurate copy of the 625 Patent is attached hereto as Exhibit A.

8. 625 Patent.

CompuSpace is the owner of all right, title, and interest in, to, and under the

U.S. Patent Number 7,944,699 9. On August 3, 2010, CompuSpace filed U.S. Patent Application Serial No.

12/849,548 (the 548 application) with the United States Patent and Trademark Office, entitled Server Rack Blanking Panel and System. The 548 Application was filed as a continuation application based upon, and claims priority from, the 236 Application. The 548 Application duly and properly issued as United States Patent No. 7,944,699 on May 17, 2011 (the 699 Patent). A true and accurate copy of the 699 Patent is attached hereto as Exhibit B. 10. 699 Patent. The Defendants Products and Activities 11. Upon information and belief, IDC and SET3 have been making, using, offering CompuSpace is the owner of all right, title and interest in, to, and under the

for sale, marketing, advertising, selling, and distributing certain server rack blanking panel products that IDC and SET3 describe, market, advertise, and represent, as being capable of, inter alia, modification to cover the openings in computer server racks left by missing equipment or unused rack space to prevent air flow into the open spaces on server racks, including, but not limited to, the EZIBLANK Blanking Panel product. 12. Upon information and belief, the EZIBLANK product includes scoring (e.g.,

marks or lines created upon the surface of the product by way of scoring, press-cutting, perforating, etching, laser cutting, knife cutting, or any other technique that results in the incomplete cutting or removal of material) on the surface of the panel of the product such that

the panel product can be divided into separable pieces. A representative photograph of one sample of a version of the EZIBLANK product is exhibited below:

13.

Upon information and belief, one version of the EZIBLANK product is between

about 18.75 inches to about 19.50 inches wide and include scoring (e.g., marks or lines created upon the surface of the product by way of scoring, press-cutting, perforating, etching, laser cutting, knife cutting, or any other technique that results in the incomplete cutting or removal of material) such that the panel of the product may be divided into separable pieces, each piece being n U in height. 14. Upon information and belief, IDC does business in the United States through,

inter alia, the offer for sale, sale, and/or importation of the EZIBLANK product and attends trade shows in the United States for the purpose of offering for sale, selling, importing, marketing and advertising its products and services, including, but not limited to, the EZIBLANK product, itself and/or by and through its authorized resellers. 15. Upon information and belief, SET3 is an authorized reseller of the EZIBLANK

product in the United States and offers for sale, sells, and/or imports the EZIBLANK product in the United States. 16. Upon information and belief, SET3 (or representatives thereof) were present at

the AFCOM Data Center World conference and exposition in Orlando, Florida on September 14, 2011, and at the AFCOM Data Center World conference and exposition in Las Vegas, Nevada on March 20-21, 2012, during which the EZIBLANK product was offered for sale, marketed, advertised, and/or sold. 17. CompuSpace, through its counsel, communicated to IDC and SET3 that the

EZIBLANK product infringes upon one or more claims of the 625 and 699 Patents. IDC and SET3 through counsel and/or through their agents or representatives communicated that they do not believe that they infringe upon either the 625 Patent or 699 Patent because the marks and lines created on the surface of the accused EZIBLANK product for the purpose of more easily separating the product into separate pieces are, for some inexplicable reason, not scoring as described in the 625 Patent and 699 Patent (e.g., marks or lines created upon the surface of the product by way of scoring, press-cutting, perforating, etching, laser cutting, knife cutting, or any other technique that results in the incomplete cutting or removal of material). 18. CompuSpace disagrees with IDCs and SET3s argument to seek to avoid the

claims of the 625 Patent and 699 Patent. The lines created on the surface of the accused EZIBLANK product are scoring lines that are created employing a technique such that there is less product material along the line to facilitate separating the product into discrete, predetermined, sized pieces. The scoring lines employed on the accused products, both literally and under the doctrine of equivalents, meet all of the limitations of one or more claims of the 625 Patent and 699 Patent. Count I - Infringement Of The 625 Patent 19. CompuSpace hereby incorporates by reference each and every allegation set forth

in paragraphs 1 through 18 of its Complaint as if fully set forth and restated herein.

20.

Upon information and belief, IDC and SET3 have made, used, offered for sale,

and sold, and/or imported, and are continuing to make, use, offer for sale, sell, and/or import, in the United States, including in this judicial district, products, including, but not limited to, the EZIBLANK product, that infringe, literally and under the doctrine of equivalents, one or more claims of the 625 Patent. 21. Upon information and belief, IDC and SET3 have been and are still directly

infringing, inducing others to infringe, and/or contributing to the infringement of, the 625 Patent by making, using, offering for sale, selling, distributing, and/or importing products and kits, including, but not limited to, the EZIBLANK product, covered by one or more claims of the 625 Patent in the United States, including in this judicial district. 22. Upon information and belief, IDC and SET3 have been and are still directly

infringing, inducing others to infringe, and/or contributing to the infringement of, the 625 Patent, both literally and under the doctrine of equivalents, by making, using, offering for sale, selling, distributing, and/or importing products and kits, including, but not limited to, the EZIBLANK product, covered by one or more claims of the 625 Patent in the United States, including in this judicial district. 23. Unless enjoined by this Court, IDC and SET3 will continue their acts of

infringement, to CompuSpaces substantial and irreparable harm. 24. Upon information and belief, IDCs and SET3s infringement of the 625 Patent

has been and continues to be willful, wanton, deliberate, and without license. Count II - Infringement Of The 699 Patent 25. CompuSpace hereby incorporates by reference each and every allegation set forth

in paragraphs 1 through 24 of its Complaint as if fully set forth and restated herein. 6

26.

Upon information and belief, IDC and SET3 have made, used, offered for sale,

and sold, and are continuing to make, use, offer for sale, and sell, in the United States, and in this judicial district, products, including, but not limited to, the EZIBLANK product, that infringe, literally and under the doctrine of equivalents, one or more claims of the 699 Patent. 27. Upon information and belief, IDC and SET3 have been and are still directly

infringing, inducing others to infringe, and/or contributing to the infringement of, the 699 Patent by making, using, offering for sale, selling, distributing, and/or importing products and kits, including, but not limited to, the EZIBLANK product, covered by one or more claims of the 699 Patent in the United States, including in this judicial district. 28. Upon information and belief, IDC and SET3 have been and are still directly

infringing, inducing others to infringe, and/or contributing to the infringement of, the 699 Patent, both literally and under the doctrine of equivalents, by making, using, offering for sale, selling, distributing, and/or importing products and kits, including, but not limited to, the EZIBLANK product, covered by one or more claims of the 699 Patent in the United States, including in this judicial district. 29. Unless enjoined by this Court, IDC and SET3 will continue their acts of

infringement, to CompuSpaces substantial and irreparable harm. 30. Upon information and belief, IDCs and SET3s infringement of the 699 Patent

has been and continues to be willful, wanton, deliberate, and without license. WHEREFORE, CompuSpace respectfully prays that the Court enter judgment in its favor and award the following relief against IDC and SET3: A. Find that IDC and SET3 infringed and is infringing one or more claims of the

625 Patent, literally and under the doctrine of equivalents, and will continue to infringe said 7

patent unless enjoined therefrom; B. Find that IDC and SET3 infringed and is infringing one or more claims of the

699 Patent, literally and under the doctrine of equivalents, and will continue to infringe said patent unless enjoined therefrom; C. and willful; D. and willful; E. Enjoin IDC and SET3 and their officers, directors, employees, agents, licensees, Find that IDCs and SET3s infringement of the 699 Patent was and is knowing Find that IDCs and SET3s infringement of the 625 Patent was and is knowing

representatives, affiliates, related companies, servants, successors and assigns, and any and all persons acting in privity or in active concert with any of them, preliminarily and permanently, from further infringing any of the claims of the 625 Patent and the 699 Patent; F. Order that an accounting be made to establish profits and damages arising out of

IDCs and SET3s infringement of the 625 Patent and the 699 Patent; G. Award CompuSpace actual damages pursuant to 35 U.S.C. 284, in an amount to

be determined at trial, as a result of IDCs and SET3s infringement of the 625 Patent and the 699 Patent; H. Award CompuSpace treble damages pursuant to 35 U.S.C. 284 in an amount to

be determined at trial, as a result of IDCs and SET3s knowing and willful infringement of the 625 Patent and the 699 Patent; I. Award CompuSpace prejudgment interest as a result of IDCs and SET3s

infringement upon the 625 Patent and the 699 Patent; J. Award CompuSpace its costs and reasonable attorneys fees incurred in

connection with this action; and K. Award and grant CompuSpace such other and further relief as the Court deems

just and proper under the circumstances. Jury Demand CompuSpace respectfully requests a jury trial on all issues so triable.

Respectfully submitted,

BRYAN CAVE LLP

By:

s/ Benjamin J. Sodey Benjamin J. Sodey No. 56512MO benjamin.sodey@bryancave.com David A. Roodman No. 38109 daroodman@bryancave.com One Metropolitan Square 211 North Broadway, Suite 3600 St. Louis, Missouri 63102-2750 Telephone: (314) 259-2000 Facsimile: (314) 259-2020

Attorney for Plaintiff CompuSpace L.C.