Case Document 1-7 Entered on FLSD Docket 09/10/2018 Page 4 of 22 LOTT FISCHER INTELLECTUAL PROPERTY Reply to Ury Fischer E-mail: August 3, 2012 Avocados Plus Incorporated Via FedEx d/b/a Fresh Directions International Tracking No. 798697253831 175 SW. 7th Street Suite 1505 Miami, Florida 33130 Re: Infringement of U.S. Plant Patent No. Our File No. 011 17-1-0001 Dear Sirs: This ?rm represents Agroindustria Ocoe?a S.A. in connection with intellectual property matters. AIOSA is the owner of all right and title in and to U.S. Plant Patent No. for an ?Avocado Tree Named ?Carla?? (the ??549 Patent?). Attached for your review is a copy of the ?594 Patent. The ?594 Patent, secured in 2006 and in full force and effect until the year 2020, covers a unique and valuable avocado tree which yields fruit of excellent quality that can be harvested for several months after similar varietals have ceased producing fruit. The avocado fruit produced by the patented tree has received the varietal denomination Carla. AIOSA has discovered that Avocados Plus Incorporated, doing business as Fresh Directions International has been importing Carla-varietal avocados into the United States through the Port of Miami. An initial examination of the fruit imported by FDI reveals that it has very similar characteristics to those of fruit borne by the tree covered by the ?594 Patent. Subsequent DNA testing of the FDI fruit imported into the United States con?rmed that the fruit imported by FDI is an identical match to fruit from the patented tree. The inescapable conclusion is that the fruit imported by FDI was harvested from trees that were propagated using genetic material obtained without authorization from the patented tree. As such, the importation into the United States of Carla avocados by FDI constitutes patent infringement under 35 U.S.C 163, 271. AIOSA hereby places you on notice that you have infringed the ?594 Patent through direct importation, and may have contributorin infringed the ?594 Patent through the distribution of infringing fruit to third parties. Patent infringement carries severe penalties including injunctive relief and monetary damages equal at least to a reasonable royalty payable to the holder of the patent. Infringement that is willful will also subject the infringer to treble damages and to the reimbursement of the patent holders? attorneys? fees should a lawsuit be necessary for recovery. AIOSA has no intention at this time to ?le suit against FDI and wishes to ?rst attempt to resolve this matter amicably through the payment of a retroactive patent license fee. In order to do so, however, AIOSA requires that: (1) you immediately cease all importation of Carla avocados; and INTELLECTUAL PROPERTY LAW: 355 ALHAMBRA CIRCLE SUITE 1 100 PATENTS TRADEMARKS - COPYRIGHTS CORAL GABLES, FLORIDA 33134 THE INTERNET - ENTERTAINMENT LAW 305.448.7089 TELEPHONE TRANSACTIONAL 8: LITIGATION MATTERS 305.446.6191 FACSIMILE DOMESTIC 8: INTERNATIONAL REPRESENTATION Case Document 1-7 Entered on FLSD Doc?ket 09/10/2018 Page 5 of 22 Avocados Plus Incorporated I August 3, 2012 INTELLECTUAL PROPERTY Page 2 of 2 (2) provide an accounting of all Carla avocados imported by FDI, or at the direction of FDI, to date. Should FDI wish to continue importing Carla avocados into the United States, AIOSA will also require FDI to secure an ongoing license under terms to be negotiated in due course. If you are amenable to an arrangement as described above, please contact me at your soonest convenience. Please note, however, that time is of the essence and we must hear from you by no later than August 17, 2012. If we do not hear from you by then we will assume you are not interested in the amicable resolution of this matter. Sincerely, LOTT FISCHER, PL A By: Ury Fischer UF-"dlt cc: Agroindustria Ocoe?a S.A.