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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND (NORTHERN DIVISION) ____________________________________ NUTRAMAX LABORATORIES, INC.

) 2208 Lakeside Boulevard ) Edgewood, Maryland 21040 ) ) Plaintiff, ) ) v. ) Case No. ____________________ ) GARMON CORPORATION ) t/a NaturVet ) 27461 Via Industria ) Temecula, California 92590 ) ) Serve on: ) Traci L. Garmen ) Registered Agent ) 27461 Via Industria ) Temecula, California 92590 ) ) Defendant. ) ___________________________________ ) COMPLAINT Plaintiff, Nutramax Laboratories, Inc. (Nutramax), by and through its undersigned attorneys, files this Complaint for patent infringement against Defendant Garmon Corporation (t/a NaturVet) (Garmon) and in support alleges the following: THE PARTIES 1. Nutramax is a Maryland corporation with its principal place of business in

Edgewood, Maryland. Nutramax markets, distributes and sells nutritional supplement products across the United States, including Maryland, and internationally, which are intended for use by cats, dogs and horses. 2. Defendant Garmon is, on information and belief, a California corporation

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with principal offices in California. Garmon, on information and belief, manufactures, markets, distributes, sells, and has sold nutritional supplement products across the United States, including Maryland, which are intended for use by cats and dogs and horses. Garmon sells its products through various channels including but not limited to over the internet on its interactive website with the domain, www.naturvet.com. FACTS 3. Nutramax is the holder by assignment of United States Letters Patent

6,555,141 B1 (the 141 Patent) issued on April 29, 2003, entitled L-ergothioneine, Milk thistle, and S-Adenosylmethionine for the prevention, treatment and repair of liver damage. A copy of the 141 Patent is attached and incorporated herein as Exhibit 1. 4. In relevant part, the 141 Patent contains the following claims: A. Claim 2. A composition comprising: a. S-Adenosylmethionine and b. one or more substances selected from the group consisting of a constituent of Milk thistle (Silybum marianum), silymarin and active components of silymarin. B. Claim 5. A method of improving or maintaining the health of liver

tissue of a human or other animal comprising administering to the human or animal a therapeutically or prophylactically effective amount of the composition of claim 2. C. Claim 6. A method of normalizing or improving the function of

the liver of a human or other animal comprising administering to the human or animal a therapeutically or prophylactically effective amount of

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the composition of claim 2. D. Claim 7. The method of claims 3, 4, 5 or 6 in which a daily dose

of S-Adenosylmethionine for humans or animals ranges from 5 milligrams to 10 grams. E. Claim 10. The method of claims 5 or 6 in which a daily dose of

the substance from the group consisting of a constituent of Milk thistle (Silybum marianum), silymarin and active components of silymarin for humans or animals ranges from 5 milligrams to 10 grams. F. Claim 13. The method of claims 6, 7, 8 or 9 in which a daily dose

of the substance selected from the group consisting of a constituent of Milk thistle (Silybum marianum), silymarin and active components of silymarin for humans or animals ranges from 5 milligrams to 10 grams. G. Claim 15. The composition of claim 2 in which a single dose of

the substance selected from the group consisting of a constituent of Milk thistle (Silybum marianum), silymarin and active components of silymarin for humans or animals ranges from 5 milligrams to 10 grams. 5. Nutramax also is the holder of United States Letters Patent 6,863,906 B2

(the 906 Patent) issued on March 8, 2005, entitled L-ergothioneine, milk thistle, and S-Adenosylmethionine for the prevention, treatment and repair of liver damage. A copy of the 906 Patent is attached and incorporated herein as Exhibit 2. 6. In relevant part, the 906 Patent contains the following claims: A. Claim 1. A composition comprising: a first component comprising

S-Adenosylmethionine; and a second component comprising at least one

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substance selected from the group consisting of L-ergothioneine and a milk thistle component. B. Claim 2. The composition of claim 1, wherein the milk thistle

component comprises one or more substances selected from the group consisting of Milk thistle (Silybum marianum) a constituent of Milk thistle (Silybum marianum), silymarin and active components of silymarin. C. Claim 3. The composition of claim 1, wherein a single dose of S-

Adenosylmethionine ranges from about 1.25 milligrams to about 10 grams. D. Claim 7. The composition of claim 1, wherein a single dose of

milk thistle component ranges from about 1.25 milligrams to about 10 grams. 7. Nutramax markets and sells a product in the United States called

Denamarin, which contains a combination of ingredients in the quantities covered by the above-listed claims of the 141 and 906 Patents. Denamarin is advertised for the purpose of providing liver support for dogs and cats, which contains, among other ingredients, Silybin from Milk Thistle and S-Adenosylmethionine (SAMe). Denamarin is sold in chewable tablet form for dogs, and in tablet form for cats and dogs. 8. Defendant Garmon, using the trade name NatureVet, distributes, markets,

sells and, upon information and belief, manufactures, a product that it calls Liver Support Tablets that is advertised to be formulated for senior dogs but may be used in any dogs over 1 year of age (hereinafter, the Accused Product). Garmon further

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advertises that the Accused Product, Helps support and maintain normal function and health of the liver in dogs. 9. According to its label, the Accused Product contains, in each 3-gram

tablet, 200 mg of Milk Thistle and 20 mg of S-Adenosylmethionine (SAMe), among other active ingredients. 10. The Accused Product and Nutramaxs Denamarin are, therefore, in

direct competition. JURISDICTION AND VENUE 11. This Court has jurisdiction over the subject matter of the Complaint

pursuant to 28 U.S.C. 1331 because this action arises under the laws of the United States and pursuant to 28 U.S.C. 1338 because this action arises under patent, plant variety protection, copyright or trademark laws and because this action asserts a claim of patent infringement. 12. Venue is proper in this district pursuant to 28 U.S.C. 1391 because this

is a Civil Action not founded solely on diversity of citizenship and Defendant is subject to personal jurisdiction in this judicial district at the time this action was commenced pursuant to Md. Cts. & Jud. Proc. Code. Ann. 6-201, 6-202(3), (11); venue also is proper pursuant to 28 U.S.C. 1400(b) because this is a civil action for patent infringement that is brought where the defendant may be deemed to reside for purposes of that statute.

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COUNT I DIRECT PATENT INFRINGEMENT: 141 PATENT 13. Plaintiff incorporates by reference the allegations in Paragraphs 1 through

12 as if stated fully herein. 14. The Defendant, Garmon, has and continues to make, offers to sell and/or

sells the Accused Product in the United States. 15. The Accused Product directly and/or under the doctrine of equivalents

infringes the following Claims of the 141 Patent: 2, 5, 6, 7, 10, 13 and 15. 16. Defendants actions have caused and continue to cause irreparable injury

to Plaintiff, Nutramax, and unless restrained and enjoined by this Court, Defendants actions will persist, thereby causing Nutramax further irreparable injury. 17. Nutramax has no adequate remedy at law.

WHEREFORE, Nutramax prays the Court award it the following relief: A. Preliminary and permanent injunctions restraining the Defendant,

its officers, agents, attorneys and employees, and those acting in privity or concert with Defendant, from making, offering for sale, using or selling in the United States, or from importing into the United States, the Accused Product or any other product that infringes the 141 Patent; B. Damages against Defendant pursuant 35 U.S.C. 284 for

infringement of the 141 Patent that are adequate to compensate Plaintiff for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs; C. Enhanced damages to Plaintiff as the court deems just;

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D. E.

Reasonable attorneys' fees pursuant to 35 U.S.C. 285; and Any other damages or relief that the Court deems just.

COUNT II DIRECT PATENT INFRINGEMENT: 906 PATENT 18. Plaintiff incorporates by reference the allegations in Paragraphs 1 through

17 as if stated fully herein. 19. The Accused Product also directly and/or under the doctrine of equivalents

infringes the following Claims of the 141 Patent: 1, 2, 3 and 7. 20. Defendants actions have caused and continue to cause irreparable injury

to Plaintiff, Nutramax, and unless restrained and enjoined by this Court, Defendants actions will persist, thereby causing Nutramax further irreparable injury. 21. Nutramax has no adequate remedy at law.

WHEREFORE, Nutramax prays the Court award it the following relief: A. Preliminary and permanent injunctions restraining the Defendant,

its officers, agents, attorneys and employees, and those acting in privity or concert with Defendant, from making, offering for sale, using or selling in the United States, or from importing into the United States, the Accused Product or any other product that infringes the 906 Patent; B. Damages against Defendant pursuant 35 U.S.C. 284 for

infringement of the 906 Patent that are adequate to compensate Plaintiff for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs; C. Enhanced damages to Plaintiff as the court deems just;

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D. E.

Reasonable attorneys' fees pursuant to 35 U.S.C. 285; and Any other damages or relief that the Court deems just. PRAYER FOR JURY TRIAL

Plaintiff respectfully prays that all issues triable to a jury in the above action be tried to a jury. Respectfully submitted, /s/ Joshua A. Glikin (#26852) glikin@bowie-jensen.com /s/ Robert R. Bowie, Jr. (#00442) bowie@bowie-jensen.com /s/ Pamela K. Riewerts (#29423) BOWIE & JENSEN, LLC 29 W. Susquehanna Avenue, Suite 600 Towson, Maryland 21204 (410) 583-2400 Fax: (410) 583-2437 Attorneys for Plaintiff, Nutramax Laboratories, Inc.

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