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Mark G. Tratos (Bar No. 1086) Rob. L Phillips (Bar No. 8225) GREENBERG TRAURIG 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Counsel for Plaintiff

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For their complaint against Defendant, Plaintiffs Lori Braun and Lori Braun Family Trust ("Plaintiffs"), complain and allege as follows: JURISDICTION AND VENUE This is an action for patent infringement arising under the laws of the United States, Title 35, United Stated Code. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1388(a). This court has personal jurisdiction over Defendant because (a) Defendant has and continues to transact business in Nevada, (b) Defendant has and continues to offer for sale infringing products in Nevada, (c) Defendant has and continues to sell infringing products in Nevada, and/or (d) has placed infringing products into the stream of commerce through established with the expectation that the infringing products will be purchased by residents of Nevada. /// Page 1 of 4
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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LORI BRAUN, an individual, and LORI BRAUN FAMILY TRUST, an Australian Trust, Plaintiff, JURY DEMAND DR. DENNIS GROSS SKINCARE, LLC, a New York Limited Liability Company, and DOES 1-25, Defendant. Case No. COMPLAINT

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Venue is proper in the United States District Court for the District of Nevada pursuant to 28 U.S.C. 1391(b), 1391(c), 1391(d) and 1400(b). THE PARTIES Plaintiff Lori Braun is an individual residing in the nation of Australia. Plaintiff Lori Braun Family Trust is a trust established under the laws of the nation of Australia. Upon information and belief, Defendant Dr. Dennis Gross Skincare, LLC ("Dr. Gross), is a Limited Liability Company formed under the laws of the state of New York, with a principal place of business located at 444 Madison Avenue, 8th Floor, New York, New York, 10022. Plaintiffs are the owners of all right, title and interest in United States Patent No. 5,972,360 (the 360 Patent) which Defendant is infringing and/or inducing others to infringe by making, using, offering to sell and selling in the United States and/or importing into the United States products that practice one or more claims of the 360 Patent. Defendant has profited through infringement of the 360 Patent. As a result of Defendants unlawful infringement of the 360 Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to recover damages from Defendant based on Defendants unlawful infringement of the 360 Patent. On information and behalf Defendants infringement of the 360 Patent is willful and deliberate, entitling Plaintiffs to enhanced damages and reasonable attorneys fees and costs. On information and belief, Defendant intends to continue its unlawful infringing activity, and Plaintiffs will suffer and continue to suffer irreparable harm for which there is no adequate remedy at law from such unlawful infringing activity unless Defendant is enjoined by this Court. FIRST CLAIM FOR RELIEF INFRINGEMENT OF U.S. PATENT NO. 5,972,360 Plaintiffs incorporate the allegations in paragraphs 1-11 as if fully set forth herein. Plaintiffs are the owners of all right, title and interest in the 360 Patent entitled SelfTanning Towelette duly and properly issued by the U.S. Patent and Trademark Office on October 26, 1999 (a copy of which is attached hereto as Exhibit A). Page 2 of 4
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Defendant has been and/or is directly infringing and/or inducing infringement of and/or contributorily infringing the 360 Patent by, among other things, making, using, offering to sell and selling in the United States and/or importing into the United States products that practice one or more claims of the 360 Patent, including, by way of example and not limitation, the Alpha Beta

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// Page 3 of 4
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Glow Pad (exemplary advertisement attached hereto as Exhibit B). DEMAND FOR JURY TRIAL Pursuant to Rule 38(b) of Federal Rules of Civil Procedure, Plaintiffs respectfully requests a trial by jury on all issues properly triable by jury. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully requests that this Court enter judgment in its favor and grant the following relief: A. A judgment that Dr. Gross infringed, induced others to infringe, and/or contributed to the infringement of the 360 Patent; B. C. A judgment that Dr. Gross has willfully and deliberately infringed the 360 Patent; A judgment awarding compensatory damages, including interest and costs and no less than a reasonable royalty, to Plaintiffs for infringement of the 360 Patent; D. A judgment awarding Plaintiffs treble damages and pre-judgment interest under 35 U.S.C. 284 as a result of infringement of the 360 Patent; E. For a grant of a preliminary and permanent injunction against Dr. Gross, its officers, partners, employees, agents, parents, subsidiaries, attorneys, and anyone acting or participating with Dr. Gross, precluding the manufacture, use, sale, or offer for sale any product that infringes the 360 Patent; F. For a judgment declaring that this case is exceptional pursuant to 35 U.S.C. 284 and 285, and Rule 54(d) of Federal Rules of Civil Procedure and an award of Plaintiffs attorney fees and costs; and

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G.

All other relief to which Plaintiffs are entitled. GREENBERG TRAURIG /s/ Rob L. Phillips Mark G. Tratos (Bar No. 1086) Rob L. Phillips (Bar No. 8225) 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 Counsel for Plaintiff

DATED: September 28, 2011.

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