IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF MINNESOTA RESHARE COMMERCE, LLC, Plaintiff, v.

ZERMAT INTERNACIONAL S.A. de C.V. and ZERMAT U.S.A., INC., Defendants. Civil Case No. ________________

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Reshare Commerce, LLC (Reshare), by way of its complaint against Defendants Zermat Internacional S.A. de C.V. (Zermat) and Zermat U.S.A., Inc. (Zermat U.S.A.) (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. 1 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 Zermat is a Mexico corporation with its

principal place of business at Calzada Melchor Ocampo 193, Torre 3, Piso 5, E. Colonia Vernica Anzures, Del. Miguel Hidalgo, Mexico City, DF 11300 MEX. Zermat has a registered agent for service of process located at Zermat U.S.A., Inc., 3540 West T.C. Jester Blvd., Houston, TX 77018. 4. Defendant Zermat U.S.A. is a Texas corporation with its principal place of

business at 3540 West T.C. Jester Blvd., Houston, TX 77018 and has a registered agent for 1

service of process at CT Corporation System, 350 N Saint Paul Street, Suite 2900, Dallas, Texas 75201-4234. 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. Defendants have contacts that are sufficiently continuous and systematic to This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

constitute doing business within the State of Minnesota and within this District and have engaged and continue to engage in sales and other conduct with respect to Defendants products and services within this District, including conduct that infringes the Patent-in-Suit. Defendants use, and/or direct, induce or instruct their agents, employees, customers, or contracting entities to engage in infringing conduct 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. 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. 10. Complaint. A true and correct copy of the 641 patent is attached as Exhibit A to this

11. 641 patent.

Reshare is the owner by assignment of all right, title, and interest in and to the

ZERMAT 12. Defendants are direct-selling companies that sell a variety of products, primarily

in the beauty and fragrance markets.1 13. Defendants offer their products for resale through Independent Consultants

(Zermat Consultants). Defendants infringe the 641 patent through the operation of their website, www.zermatusa.com, and the manner in which they associates sales of products on the website to Zermat Consultants. COUNT 1 INFRINGEMENT OF U.S. PATENT NO. 6,594,641 14. Reshare realleges and incorporates herein by reference the allegations contained

in Paragraphs 1 through 13. 15. Defendants have been, and/or continue to be, knowingly and intentionally,

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. 16. 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. 17. Reshare is entitled to injunctive relief and damages in accordance with 35 U.S.C.

271, 281, 283, and 284.

See Zermats Who We Are page at http://www.zermatusa.com/?sec=company_whoweare&lang=en. 3

JURY DEMAND 18. 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. PRAYER FOR RELIEF WHEREFORE, Reshare prays for judgment as follows: A. Permanently enjoin Defendants, their officers, agents, servants,

employees, attorneys, successors, assigns, and anyone acting in concert therewith or on their behalf, from infringing the 641 patent, pursuant to 35 U.S.C. 283; B. Award Reshare compensatory damages for Defendants infringement,

together with interest and costs pursuant to 35 U.S.C. 284; C. Award treble damages to Reshare, pursuant to 35 U.S.C. 284 for

continued willful infringement by Defendants to the extent that Defendants continue infringement after receiving notice of infringement of the 641 Patent through service of this complaint; D. Find this case exceptional and award Reshare reasonable attorneys fees

pursuant to 35 U.S.C. 285; E. Award such other and further relief as this Court deems just and proper.

Respectfully submitted, Dated: April 16, 2012 /s/ Dwight G. Rabuse Dwight G. Rabuse (209429) 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 Telephone: (612) 843-3333 Facsimile: (612) 843-3330 Email: Dwight@rabuselaw.com Email: Josh@rabuselaw.com Email: Erin@rabuselaw.com Attorneys for Plaintiffs Reshare Commerce, LLC