IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

RESHARE COMMERCE, LLC

: : Plaintiff : : v. : : THE ANTIOCH COMPANY d/b/a : CREATIVE MEMORIES and subsidiaries : and affiliates, : DERMALOGICA, INC., : THE TORO COMPANY, : DISCOVERY TOYS, LLC, : HARLEY-DAVIDSON, INC. and : subsidiaries and affiliates, : HONDA POWER EQUIPMENT : MFG., INC, : AMERICAN HONDA MOTORS : CO., INC., : and subsidiaries and affiliates : SARKLI-REPECHAGE, LTD and : REPECHAGE, LLC : Defendants. :

Civil Case No. ________________

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Reshare Commerce, LLC (Reshare), for its complaint against The Antioch Company d/b/a Creative Memories, Inc. (Creative Memories), Dermalogica, Inc., (Dermalogica), The Toro Company, (The Toro Company), Discovery Toys, LLC (Discovery Toys), Harley-Davidson, Inc. (Harley-Davidson), Honda Power Equipment Mfg. Inc., American Honda Motors Co., Inc. (collectively Honda) and Sarkli-Repechage, LTD and Repechage, LLC (Repechage) (collectively, Defendants), demands a jury trial and alleges 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. 271 et seq., brought against Defendants for violations of those laws. 2. Plaintiff Reshare is a Minnesota corporation with its principal place of business at

5051 Highway 7, Minneapolis, Minnesota 55416. 3. Upon information and belief, Defendant Creative Memories is a Minnesota

corporation with its principal place of business at 3001 Clearwater Road, St. Cloud, Minnesota 56302. 4. Upon information and belief, Defendant Dermalogica is a California corporation

with its principal place of business at 1535 Beachey Place, Carson, California, 90746. 5. Upon information and belief, Defendant The Toro Company is a Delaware

company with its principal place of business at 8111 Lyndale Avenue South, Bloomington, Minnesota, 55420. 6. Upon information and belief, Defendant Discovery Toys is a Delaware company

with its principal place of business at 7364 Marathon Drive, Livermore, California, 94550. 7. Upon information and belief, Defendant Harley-Davidson, Inc. is a Wisconsin

corporation with its principal place of business at 3700 W. Juneau Avenue, Milwaukee, Wisconsin, 53208. 8. Upon information and belief, Honda Power Equipment Mfg., Inc. is a North

Carolina corporation with its principal place of business at 3721 NC Hwy 119, Swepsonville, North Carolina, 27359.

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Upon information and belief, American Honda Motors Co., Inc. is a California

corporation with its principal place of business at 1919 Torrance Blvd., Torrance, California, 90501. 10. Upon information and belief, Sarkli-Repechage, LTD. is a New Jersey company

with its principal place of business at 300 Castle Road, Secaucus, New Jersey, 07094. JURISDICTION AND VENUE 11. This action arises under the patent laws of the United States, Title 35 of the

United States code, 1, et seq. 12. 1338(a). 13. Upon information and belief, Creative Memories has contacts that are sufficiently This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to Creative Memories products and services within this District. 14. Upon information and belief, Dermalogica has contacts that are sufficiently

continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to Dermalogicas products and services within this District. 15. Upon information and belief, The Toro Company has contacts that are sufficiently

continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to The Toro Companys products and services within this District.

16.

Upon information and belief, Discovery Toys has contacts that are sufficiently

continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to Discovery Toys products and services within this District. 17. Upon information and belief, Harley-Davidson, Inc. has contacts that are

sufficiently continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to Harley-Davidsons products and services within this District. 18. Upon information and belief, Honda has contacts that are sufficiently continuous

and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to Honda products and services within this District. 19. Upon information and belief, Repechage has contacts that are sufficiently

continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to Repechage products and services within this District. FACTUAL BACKGROUND 20. 21. Reshare is a leading software and strategy company. Reshare offers a complete range of consulting and development services along

with its software solutions.

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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. 23. 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. 24. Complaint. 25. 641 patent. CREATIVE MEMORIES 26. 27. Creative Memories is a company providing scrapbook products. Creative Memories offers its products for resale through authorized Creative Reshare is the owner by assignment of all right, title, and interest in and to the A true and correct copy of the 641 patent is attached as Exhibit A to this

Memories consultants (Creative Memories consultants). 28. Creative Memories offers its products for direct sale on its website (the Creative

Memories website) located at www.CreativeMemories.com. 29. Creative Memories provides its customers with the option to purchase Creative

Memories Products directly from the Creative Memories website or through a Creative Memories consultant. 30. When purchasing directly from the Creative Memories website Creative

Memories customers can search for Creative Memories consultants based on address information entered by the consumer.

31.

When purchasing directly from the Creative Memories website, Creative

Memories customers can select a Creative Memories consultant from a list of Creative Memories consultants generated from the address information entered by the consumer. 32. Creative Memories calculates an amount of compensation to be designated for

receipt by a Creative Memories consultant for purchases made by its customers directly from the Creative Memories website. 33. Creative Memories compensates Creative Memories consultants for purchases

made by its customers directly from the Creative Memories website. 34. Creative Memories consultants do not participate in the purchases made by

customers directly from the Creative Memories website. DERMALOGICA 35. 36. Dermalogica is a company providing skin care products. Dermalogica offers its products for resale, including its skin care products,

through authorized Dermalogica authorized skin care treatment centers, spas, and salons (Dermalogica centers). 37. Dermalogica offers its products for direct sale on its website (the Dermalogica

website) located at www.dermalogica.com. 38. Dermalogica provides its customers with the option to purchase Dermalogica

Products directly from the Dermalogica website or through a Dermalogica center. 39. When purchasing directly from the Dermalogica website Dermalogica customers

can search for Dermalogica centers based on address information entered by the consumer.

40.

When purchasing directly from the Dermalogica website, Dermalogica customers

can select a Dermalogica center from a list of Dermalogica centers generated from the address information entered by the consumer. 41. Dermalogica calculates an amount of compensation to be designated for receipt

by a Dermalogica center for purchases made by its customers directly from the Dermalogica website. 42. Dermalogica compensates Dermalogica centers for purchases made by its

customers directly from the Dermalogica website. 43. Dermalogica centers do not participate in the purchases made by customers

directly from the Dermalogica website. THE TORO COMPANY 44. The Toro Company is a company providing products including lawn care

equipment and supplies. 45. The Toro Company offers its products for resale through authorized Toro

Company dealers (Toro Company dealers). 46. The Toro Company offers its products for direct sale on its website (the Toro

Company website) located at www.toro.com. 47. The Toro Company provides its customers with the option to purchase The Toro

Company products directly from the Toro Company website or through a Toro Company agent. 48. When purchasing directly from the Toro Company website Toro Company

customers can search for Toro Company dealers based on address information entered by the consumer.

49.

When purchasing directly from the Toro Company website, Toro Company

customers can select a Toro Company dealer from a list of Toro Company dealers generated from the address information entered by the consumer. 50. The Toro Company calculates an amount of compensation to be designated for

receipt by a Toro Company dealer for purchases made by its customers directly from the Toro Company website. 51. The Toro Company compensates the Toro Company dealers for purchases made

by its customers directly from the Toro Company website. 52. The Toro Company dealers do not participate in the purchases made by customers

directly from the Toro Company website. DISCOVERY TOYS 53. Discovery Toys is a company providing products including educational toys,

books, games and music. 54. Discovery Toys offers its products for resale through authorized Discovery Toys

consultants (Discovery Toys consultants). 55. Discovery Toys offers its products for direct sale on its website (the Discovery

Toys website) located at www.discoverytoys.com. 56. Discovery Toys provides its customers with the option to purchase Discovery

Toys products directly from the Discovery Toys website or through a Discovery Toys consultant. 57. When purchasing directly from the Discovery Toys website Discovery Toys

customers can search for Discovery Toys consultants based on address information entered by the consumer.

58.

When purchasing directly from the Discovery Toys website, Discovery Toys

customers can select a Discovery Toys consultant from a list of Discovery Toys consultants generated from the address information entered by the consumer. 59. Discovery Toys calculates an amount of compensation to be designated for

receipt by a Discovery Toys consultant for purchases made by its customers directly from the Discovery Toys website. 60. Discovery Toys compensates Discovery Toys consultants for purchases made by

its customers directly from the Discovery Toys website. 61. Discovery Toys consultants do not participate in the purchases made by

customers directly from the Discovery Toys website. HARLEY-DAVIDSON 62. 63. Harley-Davidson is a company providing products including motorcycles. Harley-Davidson offers its products for resale through authorized Harley-

Davidson dealers (Harley-Davidson dealers). 64. Harley-Davidson offers its products for direct sale on its website (the Harley-

Davidson website) located at www.Harley-Davidson.com. 65. Harley-Davidson provides its customers with the option to purchase Harley-

Davidson products directly from the Harley-Davidson website or through a Harley-Davidson dealer. 66. When purchasing directly from the Harley-Davidson website Harley-Davidson

customers can search for Harley-Davidson dealers based on address information entered by the consumer.

67.

When purchasing directly from the Harley-Davidson website, Harley-Davidson

customers can select a Harley-Davidson dealer from a list of Harley-Davidson dealers generated from the address information entered by the consumer. 68. Harley-Davidson calculates an amount of compensation to be designated for

receipt by a Harley-Davidson dealer for purchases made by its customers directly from the Harley-Davidson website. 69. Harley-Davidson compensates Harley-Davidson dealers for purchases made by its

customers directly from the Harley-Davidson website. 70. Harley-Davidson dealers do not participate in the purchases made by customers

directly from the Harley-Davidson website. HONDA 71. 72. dealers). 73. Honda offers its power equipment products for direct sale on its website (the Honda is a company providing products including power equipment. Honda offers its products for resale through authorized Honda dealers (Honda

Honda website) located at www.hondapowerequipment.com. 74. Honda provides its customers with the option to purchase Honda products directly

from the Honda website or through a Honda dealer. 75. When purchasing directly from the Honda website Honda customers can search

for Honda dealers based on address information entered by the consumer.

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76.

When purchasing directly from the Honda website, Honda customers can select a

Honda dealer from a list of Honda dealers generated from the address information entered by the consumer. 77. Honda calculates an amount of compensation to be designated for receipt by a

Honda dealer for purchases made by its customers directly from the Honda website. 78. Honda compensates Honda dealers for purchases made by its customers directly

from the Honda website. 79. Honda dealers do not participate in the purchases made by customers directly

from the Honda website. REPECHAGE 80. 81. Repechage is a company providing products including skin care products. Repechage offers its products for resale through authorized Repechage agents

(Repechage agents). 82. Repechage offers its products for direct sale on its website (the Repechage

website) located at www.Repechage.com. 83. Repechage provides its customers with the option to purchase Repechage

products directly from the Repechage website or through a Repechage agent. 84. When purchasing directly from the Repechage website Repechage customers can

search for Repechage agents based on address information entered by the consumer. 85. When purchasing directly from the Repechage website, Repechage customers can

select a Repechage agent from a list of Repechage agents generated from the address information entered by the consumer.

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86.

Repechage calculates an amount of compensation to be designated for receipt by a

Repechage agent for purchases made by its customers directly from the Repechage website. 87. Repechage compensates Repechage agents for purchases made by its customers

directly from the Repechage website. 88. Repechage agents do not participate in the purchases made by customers directly

from the Repechage website. COUNT 1 INFRINGEMENT OF U.S. PATENT NO. 6,594,641 (ALL DEFENDANTS) 89. Reshare realleges and incorporates herein by reference the allegations contained

in Paragraphs 1 through 88. 90. The Defendants have been, and/or continue 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. 91. Reshare has been damaged by the Defendants infringement, and will continue to

suffer damage and irreparable injury until the infringement is enjoined by this Court. 92. Reshare is entitled to injunctive relief and damages in accordance with 35 U.S.C.

271, 281, 283, 284, and 287. JURY DEMAND 93. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Reshare hereby

respectfully requests a jury trial on all issues and claims so triable.

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PRAYER FOR RELIEF WHEREFORE, Reshare prays for judgment as follows: A. That the Defendants have infringed, contributorily infringed and/or

actively induced others to infringe the 641 patent. B. That, in accordance with 35 U.S.C. 283, the Defendants, 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 Reshare be awarded damages sufficient to compensate it for the

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

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Respectfully submitted, Dated: September 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

Steven R. Daniels W. Bryan Farney Mary C. Jacob FARNEY DANIELS, LLP 800 S. Austin Avenue, Suite 200 Georgetown, Texas 78626 Tel: 512-582-2828 Fax: 512-582-2829 Email: sdaniels@farneydaniels.com Email: bfarney@farneydaniels.com Email: mjacob@farneydaniels.com Attorneys for Plaintiff Reshare Commerce, LLC

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