IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA FT.

LAUDERDALE DIVISION FEROX, LLC, company, v. CONSEAL INTERNATIONAL, INC., a Florida corporation; EARTH ECO RESEARCH, LLC, a Nevada limited liability company; GENESIS PURE, INC., a Delaware corporation; and GREEN FOOT GLOBAL, LLC, a Nevada limited liability company; Defendants. ______________________________________/ COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff FEROX, LLC (Ferox) hereby complains against defendants CONSEAL INTERNATIONAL, INC. (ConSeal), EARTH ECO RESEARCH, LLC (Earth Eco), GENESIS PURE, INC. (Genesis), and GREEN FOOT GLOBAL, LLC (Green Foot) for the causes of action alleged as follows: THE PARTIES 1. Ferox is a limited liability company duly organized and existing under the laws of a Utah limited liability Case No. 0:14cv60048

Plaintiff,

the State of Utah, with its principal place of business located at 270 North Geneva Road, Orem, Utah 84057. 2. Ferox alleges on information and belief that defendant ConSeal is a Florida

corporation with its principal place of business located at 90 Kerry Place, Suite 2, Norwood, Massachusetts 02062 and has consented to venue in this district.

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Ferox alleges on information and belief that defendant Earth Eco is a Nevada

limited liability company with its principal place of business located at 711 South Carson Street, Suite 4, Carson City, Nevada 89701 and has consented to venue in this district. 4. Ferox alleges on information and belief that defendant Genesis is a Delaware

corporation with its principal place of business located at 13961 Minuteman Drive, Suite 200, Draper, Utah 84020 and has consented to venue in this district. 5. Ferox alleges on information and belief that defendant Green Foot is a Nevada

limited liability company with its principal place of business located at 2360 Corporate Circle, Suite 400, Henderson, Nevada 89074 and has consented to venue in this district. JURISDICTION AND VENUE 6. This is a civil action for patent infringement arising under the patent laws of the

United States, including 35 U.S.C. 271; for false advertising under Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a); and for false marking under the patent laws of the United States, including 35 U.S.C. 292. 7. This court has original jurisdiction over the subject matter of this action pursuant

to 28 U.S.C. 1331, 28 U.S.C. 1338(a) and 28 U.S.C. 1338(b). 8. Ferox alleges on information and belief that ConSeal has sent infringing goods

into the stream of commerce knowing those goods would eventually be sold within the State of Utah to Feroxs injury, which relates to the claims asserted by Ferox, and out of which Feroxs claims, in part, arise. 9. Venue is proper in this judicial district pursuant to, at least, 28 U.S.C. 1400(b). FACTUAL BACKGROUND 10. Ferox is an innovator in the field of fuel treatment.

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Ferox came to its position of technological leadership through hard work and As a result of its endeavors, Ferox

substantial investment in research and development.

developed a novel formulation which is protected by United States Patent No. 7,959,693 (the 693 patent), a true and correct copy of which is attached hereto as Exhibit A. 12. 13. 14. compound. 15. Ferox makes and sells products covered by one or more of the claims of the 693 Ferox is the owner by assignment of the 693 patent. Ferox has not licensed the 693 patent to anyone. The 693 patent claims a composition including a fuel-soluble ferrocene

patent, including Feroxs Fuel Tab fuel additive and Truck Tab fuel additive. 16. Ferox alleges on information and belief that ConSeal imports, makes, uses, sells,

and/or offers for sale within the United States and within the State of Utah, either directly or through established distribution channels, fuel additive, including fuel additive designated as FuelFX. 17. Ferox alleges on information and belief that ConSeals FuelFX product is covered

by one or more claims of the 693 patent and that ConSeals importation, manufacture, use, sale, and/or offer for sale infringes one or more claims of the 693 patent. 18. Ferox alleges on information and belief that ConSeal has sold products that are

covered by one or more claims of the 693 patent to Earth Eco and Green Foot. 19. Ferox alleges on information and belief that Earth Eco has in turn sold products

covered by one or more claims of the 693 patent to defendant Genesis. 20. Ferox alleges on information and belief that defendants Earth Eco, Genesis, and

Green Foot have in turn sold infringing products to the consuming public.

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Ferox alleges on information and belief that ConSeal has represented to Earth Eco

and Green Foot that each was an exclusive distributor of the ConSeal products accused of infringement herein. 22. On September 14, 2011, Ferox sent a copy of the 693 patent to ConSeal by

Certified Mail, return receipt requested. On September 20, 2011, ConSeal received Feroxs September 14, 2011 correspondence attaching a copy of the 693 patent. FIRST CAUSE OF ACTION (Patent Infringement of the 693 Patent Against ConSeal) 23. By this reference Ferox realleges and incorporates the foregoing paragraphs as

though fully set forth herein. 24. Ferox alleges on information and belief that ConSeal has infringed one or more

claims of the 693 patent by making, using, selling, offering for sale within the United States, or importing into the United States systems and products that embody one or more of the claims of the 693 patent, or by contributing to infringement, inducing others to infringe the 693 patent, or carrying out acts constituting infringement under 35 U.S.C. 271. 25. The conduct of ConSeal as set forth hereinabove, including, for example,

ConSeals making, using and/or selling a fuel additive identified as FuelFX, gives rise to a cause of action for infringement of the 693 Patent, pursuant to at least 35 U.S.C. 271 and 281. 26. Ferox alleges on information and belief that ConSeal has manufactured, offered

for sale, and sold infringing products, including, for example, a fuel additive identified as FuelFX, despite an objectively high likelihood that its actions constitute infringement. 27. Ferox alleges on information and belief that ConSeals production and sales of

infringing products have been both willful and deliberate.

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By reason of the foregoing, Ferox has suffered damages and irreparable harm and

is therefore entitled to monetary and/or injunctive relief against ConSeal, pursuant to 35 U.S.C. 28385, as more fully set forth herein. SECOND CAUSE OF ACTION (Patent Infringement of the 693 Patent Against Earth Eco) 29. By this reference Ferox realleges and incorporates the foregoing paragraphs as

though fully set forth herein. 30. Ferox alleges on information and belief that Earth Eco has infringed one or more

claims of the 693 patent by making, using, selling, offering for sale within the United States, or importing into the United States systems and products that embody one or more of the claims of the 693 patent, or by contributing to infringement, inducing others to infringe the 693 patent, or carrying out acts constituting infringement under 35 U.S.C. 271. 31. The conduct of Earth Eco as set forth hereinabove, including, for example, Earth

Ecos making, using and/or selling a fuel additive identified as EcoSave Fuel Tablets, gives rise to a cause of action for infringement of the 693 patent, pursuant to at least 35 U.S.C. 271 and 281. 32. Ferox alleges on information and belief that Earth Eco has offered for sale and

sold infringing products, including, for example, a fuel additive identified as EcoSave Fuel Tablets, despite an objectively high likelihood that its actions constitute infringement. 33. Ferox alleges on information and belief that Earth Ecos sales of infringing

products have been both willful and deliberate. 34. By reason of the foregoing, Ferox has suffered damages and irreparable harm and

is therefore entitled to monetary and/or injunctive relief against Earth Eco, pursuant to 35 U.S.C. 28385, as more fully set forth herein. 5

THIRD CAUSE OF ACTION (Patent Infringement of the 693 Patent Against Genesis) 35. By this reference Ferox realleges and incorporates the foregoing paragraphs as

though fully set forth herein. 36. Ferox alleges on information and belief that Genesis has infringed one or more

claims of the 693 patent by making, using, selling, offering for sale within the United States, or importing into the United States systems and products that embody one or more of the claims of the 693 patent, or by contributing to infringement, inducing others to infringe the 693 patent, or carrying out acts constituting infringement under 35 U.S.C. 271. 37. The conduct of Genesis as set forth hereinabove, including, for example,

Genesiss making, using and/or selling a fuel additive identified as EcoPure, gives rise to a cause of action for infringement of the 693 patent, pursuant to at least 35 U.S.C. 271 and 281. 38. Ferox alleges on information and belief that Genesis has offered for sale and sold

infringing products, including, for example, a fuel additive identified as EcoPure, despite an objectively high likelihood that its actions constitute infringement. 39. Ferox alleges on information and belief that Genesiss sales of infringing products

have been both willful and deliberate. 40. By reason of the foregoing, Ferox has suffered damages and irreparable harm and

is therefore entitled to monetary and/or injunctive relief against Genesis, pursuant to 35 U.S.C. 28385, as more fully set forth herein. FOURTH CAUSE OF ACTION (Patent Infringement of the 693 Patent Against Green Foot) 41. By this reference Ferox realleges and incorporates the foregoing paragraphs as

though fully set forth herein.

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Ferox alleges on information and belief that Green Foot has infringed one or more

claims of the 693 patent by making, using, selling, offering for sale within the United States, or importing into the United States systems and products that embody one or more of the claims of the 693 patent, or by contributing to infringement, inducing others to infringe the 693 patent, or carrying out acts constituting infringement under 35 U.S.C. 271. 43. The conduct of Green Foot as set forth hereinabove, including, for example,

Green Foots making, using and/or selling a fuel additive identified as EnviroTabs, gives rise to a cause of action for infringement of the 693 patent, pursuant to at least 35 U.S.C. 271 and 281. 44. Ferox alleges on information and belief that Green Foot has offered for sale and

sold infringing products, including, for example, the fuel additive identified as EnviroTabs, despite an objectively high likelihood that its actions constitute infringement. 45. Ferox alleges on information and belief that Green Foots sales of infringing

products have been both willful and deliberate. 46. By reason of the foregoing, Ferox has suffered damages and irreparable harm and

is therefore entitled to monetary and/or injunctive relief against Green Foot, pursuant to 35 U.S.C. 28385, as more fully set forth herein. FIFTH CAUSE OF ACTION (False Advertising Against Green Foot) 47. By this reference Ferox realleges and incorporates the foregoing paragraphs as

though fully set forth herein. 48. Ferox alleges on information and belief that Green Foot has used in commercial

advertising or promotion a false or misleading description of fact or representation of fact that

misrepresents the nature, characteristic, qualities or origin of its goods, services or commercial activities. 49. Ferox alleges on information and belief that Green Foot advertises that its

EnviroTabs product is patented and refers to EnviroTabs as our patented technology. 50. Ferox alleges on information and belief that these and other statements made by

Green Foot on the Green Foot Website are statements made in commerce that are false and misleading and are likely to cause confusion or mistake as to the nature, characteristics, qualities, origin or approval of Green Foots goods and services. 51. Green Foots acts constitute false advertising in violation of Section 43(a) of the

Lanham Act, 15 U.S.C. 1125(a) and applicable common law. 52. Green Foots acts of false advertising have caused and continue to directly and

proximately cause Ferox to suffer damages in an amount to be determined. 53. Pursuant to 15 U.S.C. 1117 and other applicable law, Ferox is entitled to recover

damages from Green Foot resulting from its false advertising, including without limitation recovery of Green Foots profits, damages sustained by Ferox, the costs of this action, three times Feroxs actual damages, or such other sum as the Court shall determine is just. 54. This case is exceptional, thereby supporting an award of costs and reasonable

attorneys fees to Ferox pursuant to 15 U.S.C. 1117 and other applicable law. 55. Green Foots acts of false advertising have caused and continue to directly and

proximately cause Ferox to suffer immediate and irreparable injury for which Ferox has no adequate remedy at law. Such injury will continue unless this false advertising by Green Foot is preliminarily and permanently enjoined.

SIXTH CAUSE OF ACTION (False Marking Against Green Foot) 56. By this reference Ferox realleges and incorporates the foregoing paragraphs as

though fully set forth herein. 57. Green Foot has marked upon, affixed to, or used in advertising in connection with

at least its EnviroTabs product the words "patented" and our patented technology for the purpose of deceiving the public. 58. 59. Ferox has suffered a competitive injury as result of Green Foots actions. The conduct of Green Foot as set forth hereinabove gives rise to a cause of action

for false marking, pursuant to at least 35 U.S.C. 292. 60. By reason of the foregoing, Ferox is entitled to monetary relief against Green

Foot, pursuant to 35 U.S.C. 292, as more fully set forth herein. SEVENTH CAUSE OF ACTION (False Advertising Against Genesis) 61. By this reference Ferox realleges and incorporates the foregoing paragraphs as

though fully set forth herein. 62. Ferox alleges on information and belief that Genesis has used in commercial

advertising or promotion a false or misleading description of fact or representation of fact that misrepresents the nature, characteristic, qualities or origin of its goods, services or commercial activities. 63. Ferox alleges on information and belief that Genesis advertises that its EcoPure

product is patented and that it does not contain ferrocene. 64. Ferox alleges on information and belief that these and other statements made by

Genesis are statements made in commerce that are false and misleading and are likely to cause

confusion or mistake as to the nature, characteristics, qualities, origin or approval of Genesiss goods and services. 65. Genesiss acts constitute false advertising in violation of Section 43(a) of the

Lanham Act, 15 U.S.C. 1125(a) and applicable common law. 66. Genesiss acts of false advertising have caused and continue to directly and

proximately cause Ferox to suffer damages in an amount to be determined. 67. Pursuant to 15 U.S.C. 1117 and other applicable law, Ferox is entitled to recover

damages from Genesis resulting from its false advertising, including without limitation recovery of Genesiss profits, damages sustained by Ferox, the costs of this action, three times Feroxs actual damages, or such other sum as the Court shall determine is just. 68. This case is exceptional, thereby supporting an award of costs and reasonable

attorneys fees to Ferox pursuant to 15 U.S.C. 1117 and other applicable law. 69. Genesiss acts of false advertising have caused and continue to directly and

proximately cause Ferox to suffer immediate and irreparable injury for which Ferox has no adequate remedy at law. Such injury will continue unless this false advertising by Genesis is preliminarily and permanently enjoined. PRAYER FOR RELIEF WHEREFORE, Ferox prays for judgment as follows: A. 693 patent; B. For injunctive relief enjoining Defendants, and their respective officers, directors, A judgment finding Defendants jointly and severally liable for infringement of the

agents, employees, representatives and all persons operating in concert with Defendants, as follows;

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a. from manufacturing any products falling within the scope of the claims of the 693 patent; b. from using any product or method falling within the scope of any of the claims of the 693 patent; c. from selling, offering to sell, licensing or purporting to license any product or method falling within the scope of any of the claims of the 693 patent; d. from importing any product into the United States which falls within the scope of any of the claims of the 693 patent; e. from actively inducing others to infringe any of the claims of the 693 patent; f. from engaging in acts constituting contributory infringement of any of the claims of the 693 patent; and g. from all other acts of infringement of the 693 patent; C. For judgment finding the infringement of the Defendants to be willful, and for an

award of enhanced damages in connection with such finding; D. For judgment finding this to be an exceptional case and awarding Plaintiff its

costs and attorneys fees incurred herein; E. F. Lanham Act; G. Act; A judgment finding Genesis has committed false advertising under the Lanham A judgment finding Green Foot liable for false marking; A judgment finding Green Foot has committed false advertising under the

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H.

Entry of a permanent injunction pursuant to 15 U.S.C. 1114 enjoining Green

Foot, its officers, agents, servants, employees and those persons in active concert or participation with it from further acts of false advertising; I. Entry of a permanent injunction pursuant to 15 U.S.C. 1114 enjoining Genesis,

its officers, agents, servants, employees and those persons in active concert or participation with it from further acts of false advertising; J. An award of damages adequate to compensate Ferox for infringement of the 693

Patent, in an amount to be proven at trial, including treble damages, lost profits damages, reasonable royalty damages, and other damages allowed by 35 U.S.C. 284; K. An award of Feroxs costs in bringing this action, pursuant to at least 28 U.S.C.

1920, 35 U.S.C. 284, and applicable state statutory and common law; L. An award of damages against Green Foot, including general and consequential

damages, in an amount adequate to compensate Ferox for its injury related to Green Foots false marking; M. N. An award of Green Foots profits resulting from its false advertising; An award of Feroxs damages against Green Foot resulting from Green Foots

false advertising; O. P. advertising; Q. R. An order that Ferox be granted pre-judgment and post-judgment interest; and For such other and further relief as the Court deems just and equitable. An award of Genesiss profits resulting from its false advertising; An award of Feroxs damages against Genesis resulting from Genesiss false

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DEMAND FOR JURY TRIAL Ferox demands trial by jury on all claims and issues so triable. DATED January 8, 2014.

By: /s/ Kevin Crosby__________________ Kevin Crosby, Esq. (FBN 654360) Email: kevin.crosby@gray-robinson.com GRAY-ROBINSON, P.A. 401 E. Las Olas Blvd., Suite 1850 Fort Lauderdale, FL 33301 Telephone: (954) 761-8111 Facsimile: (954) 761-8112 and Charles L. Roberts Pro Hac Vice Motion Forthcoming WASATCH-IP, A PROFESSIONAL CORPORATION 2825 E. Cottonwood Parkway, Suite 500 Salt Lake City, Utah 84121 (801) 292-5300 Attorneys for Plaintiff Ferox, LLC

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