IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GRUPO PETROTEMEX, S.A. DE C.V.

and DAK AMERICAS LLC Plaintiffs, v. ALPHAPET INC. Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. ___________

DEMAND FOR JURY TRIAL

COMPLAINT Plaintiffs Grupo Petrotemex, S.A. de C.V. (Petrotemex) and DAK Americas LLC (DAK) (collectively Plaintiffs) allege as follows: NATURE OF THE ACTION 1. This is an action for patent infringement under the Patent Laws of the United States 35 U.S.C. 1 et seq. PARTIES 2. Petrotemex is a corporation organized and existing under the laws of Mexico, with a principal place of business located at Ricardo Margain No. 444, Equus Torre sur, Piso 16, Col. Valle del Campestre, 66265 San Pedro Garza Garcia, Nuevo Len, Mexico. 3. DAK is a limited liability company organized and existing under the laws of Delaware, with a principal place of business located at 5925 Carnegie Boulevard, Suite 500, Charlotte, NC 28209. 4. Upon information and belief, Defendant AlphaPet, Inc. (AlphaPet) is a corporation organized and existing under the laws of Delaware, with a principal place of business located at 1301 Finley Island Road, Decatur, Alabama 35601.

JURISDICTION AND VENUE 5. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a). 6. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c) and 1400. 7. This Court has personal jurisdiction over Defendant AlphaPet because, on information and belief, Defendant AlphaPet is incorporated under the laws of Delaware. THE PATENTS 8. Petrotemex owns by assignment all rights, title, and interest in and to United States Patent No. 7,868,125 (the 125 patent) entitled Production of non-solid-stated polyester particles having solid-stated properties. Petrotemex granted DAK an exclusive license to make, use, sell, and offer for sale products or compositions in the polyester (hereafter PET) field using any process under the 125 patent. The 125 patent was duly and legally issued by the United States Patent and Trademark Office on January 11, 2011. A copy of the 125 patent is attached as Exhibit A. 9. Petrotemex owns by assignment all rights, title, and interest in and to United States Patent No. 7,863,405 (the 405 patent) entitled Removal of residual acetaldehyde from polyester polymer particles. Petrotemex granted DAK an exclusive license to make, use, sell, and offer for sale products or compositions in the PET field using any process under the 405 patent. The 405 patent was duly and legally issued by the United States Patent and Trademark Office on January 4, 2011. A copy of the 405 patent is attached as Exhibit B. 10. Petrotemex owns by assignment all rights, title, and interest in and to United States Patent No. 7,345,139 (the 139 patent) entitled Polyester process using a pipe reactor. Petrotemex

granted DAK an exclusive license to make, use, sell, and offer for sale products or compositions in the PET field using any process under the 139 patent. The 139 patent was duly and legally issued by the United States Patent and Trademark Office on March 18, 2008. A copy of the 139 patent is attached as Exhibit C. 11. Petrotemex owns by assignment all rights, title, and interest in and to United States Patent No. 7,989,577 (the 577 patent) entitled Production of non-solid-stated polyester particles having solid-stated properties. Petrotemex granted DAK an exclusive license to make, use, sell, and offer for sale products or compositions in the PET field under the 577 patent. The 577 patent was duly and legally issued by the United States Patent and Trademark Office on August 2, 2011. A copy of the 577 patent is attached as Exhibit D. ALLEGATIONS OF INFRINGEMENT 12. Plaintiffs repeat and reallege Paragraphs 1-11 of this Complaint as if fully set forth herein. 13. Upon information and belief, AlphaPet has directly infringed one or more claims of the 125 patent, by making, using, selling, and offering for sale, within the United States, PET manufactured in a manner that infringes one or more claims of the 125 patent, including, but not limited to, ES(11)A PET Resin. On information and belief, AlphaPet will continue its infringement unless enjoined by this court. 14. Upon information and belief, AlphaPet has directly infringed one or more claims of the 405 patent, by making, using, selling, and offering for sale, within the United States, PET manufactured in a manner that infringes one or more claims of the 405 patent, including, but not limited to, ES(11)A PET Resin. On information and belief, AlphaPet will continue its infringement unless enjoined by this court.

15. Upon information and belief, AlphaPet has directly infringed one or more claims of the 139 patent, by making, using, selling, and offering for sale, within the United States, PET manufactured in a manner that infringes one or more claims of the 139 patent, including, but not limited to, ES(11)A PET Resin. On information and belief, AlphaPet will continue its infringement unless enjoined by this court. 16. Upon information and belief, AlphaPet has directly infringed one or more claims of the 577 patent, by making, using, selling, and offering for sale, within the United States, PET that infringes one or more claims of the 577 patent, including, but not limited to, ES(11)A PET Resin. On information and belief, AlphaPet will continue its infringement unless enjoined by this court. 17. Plaintiffs are providing notice to AlphaPet of its infringement of the 125 patent, 405 patent, 139 patent, and 577 patent through the filing of the instant complaint pursuant to 35 U.S.C. 287(a). 18. Upon information and belief, the infringement by AlphaPet of one or more of the 125 patent, 405 patent, 139 patent, and 577 patent has been and/or continues to be willful. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully requests: (a) (b) (c) (d) (e) (f) an injunction against continued infringement (35 U.S.C. 283); its damages for infringement (35 U.S.C. 284 ); increased and treble damages for willful infringement (35 U.S.C. 284 ); a finding that this is an exceptional case (35 U.S.C. 285); its attorneys fees (35 U.S.C. 285); its costs (rule 54(d), Fed. R. Civ. P.); and

(g)

any other relief appropriate under the circumstances. JURY DEMAND

Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiffs demand trial by jury of all issues as to which it has a right to trial by jury.

POTTER ANDERSON & CORROON LLP OF COUNSEL: Richard D. Kelly Barry J. Herman J. Derek Mason Tia D. Fenton Andrew Beverina OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, L.L.P. 1940 Duke Street Alexandria, VA 22314 Tel: (703) 413-3000 Dated: August 10, 2011
1023388 / 37207

By: /s/ Richard L. Horwitz Richard L. Horwitz (#2246) David E. Moore (#3983) Hercules Plaza, 6th Floor 1313 N. Market Street Wilmington, DE 19899 Tel: (302) 984-6000 rhorwitz@potteranderson.com dmoore@potteranderson.com Attorneys for Plaintiffs Grupo Petrotemex, S.A. de C.V. and DAK Americas LLC