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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

RESHARE COMMERCE, LLC And FITNESS FORMULARY, LLC Plaintiffs v. DOTFIT, LLC Defendant.

Case No. _________________

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiffs Reshare Commerce, LLC (Reshare) and Fitness Formulary, LLC (Fitness Formulary) (collectively Plaintiffs) for their complaint against dotFIT, LLC (hereinafter dotFIT or Defendant), demand a jury trial and allege as follows: NATURE OF THE ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 1, et. seq., brought against Defendant for violations of those laws. THE PARTIES 2. Plaintiff Reshare is a Minnesota corporation with its principal place of business at

5051 Highway 7, Minneapolis, Minnesota, 55416. 3. Plaintiff Fitness Formulary is a Minnesota company with its principal place of

business at 5051 Highway7, Suite 260, Minneapolis, Minnesota 55416.

4.

Upon information and belief, Defendant dotFIT is a California company with its

principal place of business at 250 N. Westlake Blvd. Ste. 220, Westlake Village, California, 91362-7010. JURISDICTION AND VENUE 5. This action arises under the patent laws of the United States, Title 35 of the

United States code, 1, et seq. 6. 1338(a). 7. Upon information and belief, dotFIT has contacts that are sufficiently continuous This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

and systematic to constitute doing business within the state of Minnesota and within this District and has engaged in and continues to engage in sales and other conduct with respect to dotFITs products and services within this district. FACTUAL BACKGROUND 8. Reshare is a leading software and strategy company. Reshare offers a complete

range of consulting and development services along with its software solutions. Reshare provides software and strategies to its customers that resolve channel conflict, guarantee complete brand control, and enhance relationships between all channel partners and end users. 9. Fitness Formulary is a fitness and health company. Fitness Formulary offers a

variety of health and fitness lifestyle products including vitamins, minerals, supplements, and fitness equipment. 10. On July 15, 2003, the United States Patent and Trademark Office duly and legally

issued U.S. Patent no. 6,594,641 (the 641 patent), entitled Computer Facilitated Product

selling system. A true and correct copy of the 641 patent is attached as Exhibit A to this Complaint. 11. 641 patent. 12. Fitness Formulary is the exclusive licensee of the 641 patent, as granted by Reshare is the owner by assignment of all right, title, and interest in and to the

Reshare, in the health and fitness field. DOTFIT 13. DotFIT is a health and fitness company providing health and fitness products.

DotFIT offers its products for resale through authorized dotFIT retailers and/or fitness clubs (dotFIT retailers and/or fitness clubs). DotFIT offers its products for direct sale on its website (the dotFIT website) located at www.dotFIT.com. 14. DotFIT provides its customers with the option to purchase dotFIT products

directly from the dotFIT website or through dotFIT retailers and/or fitness clubs. When purchasing directly from the dotFIT website dotFIT customers can search for dotFIT retailers and/or fitness clubs based on address information entered by the customer. 15. When purchasing directly from the dotFIT website, dotFIT customers can select a

dotFIT retailer and/or fitness club from a list of dotFIT retailers and/or fitness clubs generated from the address information entered by the customer. 16. When purchasing directly from the dotFIT website, dotFIT calculates an amount

of compensation to be designated for receipt by a dotFIT retailer and/or fitness club for purchases made by its customers directly from the dotFIT website. 17. DotFIT compensates dotFIT retailers and/or fitness clubs for purchases made by

its customers from the dotFIT website.

18.

DotFIT retailers and/or fitness clubs do not participate in the purchases made by

customers directly from the dotFIT website.

COUNT 1 INFRINGEMENT OF U.S. PATENT NO. 6,594,641 19. Plaintiffs reallege and incorporate herein by reference the allegations contained in

Paragraphs 1 through 18. 20. The Defendant has been, and/or continues to be, literally or equivalently

infringing the 641 patent, directly and/or indirectly, by making, using, marketing, selling, offering to sell, licensing and/or supporting systems, websites, products and/or services covered by one or more claims of the 641 patent. 21. Plaintiffs have been damaged by the Defendants infringement, and will continue

to suffer damage and irreparable injury until the infringement is enjoined by this Court. 22. Plaintiffs are entitled to injunctive relief and damages in accordance with 35

U.S.C. 271, 281, 283, 284, and 287. JURY DEMAND 23. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs hereby

respectfully request a jury trial on all issues and claims so triable. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment as follows: A. That the Defendant has infringed, contributorily infringed and/or actively induced

others to infringe the 641 patent.

B.

That, in accordance with 35 U.S.C. 283, the Defendant, and all affiliates,

employees, agents, officers, directors, attorneys, successors and assigned, and all those acting on behalf of or in active concert or participation with any of them, be enjoined from infringing, contributorily infringing and/or inducing others to infringe the 641 patent. C. That Plaintiffs be awarded damages sufficient to compensate it for the

Defendants infringement of the 641 patent. D. E. and proper. That Plaintiffs be awarded pre-judgment and post-judgment interest; and That Plaintiffs be awarded such other and further relief as this Court deems just

Respectfully submitted, Dated: October 12, 2011 s/ Dwight G. Rabuse Dwight G. Rabuse (0209429) Joshua P. Brotemarkle (386581) Erin E. Neils (390381) RABUSE LAW FIRM, P.A. The Historic Rand Tower 527 Marquette Avenue, Suite 1530 Minneapolis, MN 55402 Tel.: 612-843-3333 Fax: 612-843-3330 Email: dwight@rabuselaw.com Email: josh@rabuselaw.com Email: erin@rabuselaw.com