Case: 1:12-cv-06276 Document #: 1 Filed: 08/09/12 Page 1 of 4 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION DANIEL J. MAGINE, Plaintiff, JURY TRIAL DEMANDED v. JOHNSON OUTDOORS INC., Defendant. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, Daniel J. Magine (Magine), complains of Defendant Johnson Outdoors Inc. (Johnson Outdoors) as follows: 1. This is a claim for patent infringement and arises under the patent laws of the Case No.

United States, Title 35 of the United States Code. This Court has original jurisdiction over the subject matter of this claim under 28 U.S.C. 1331 and 1338(a). 2. 3. Magine is an individual residing in this judicial district in Inverness, Illinois. Magine is an inventor who owns and has standing to sue for infringement of

United States Patent No. RE42,218 E, entitled Underwater Alert System, which issued on March 15, 2011 (the 218 patent). The 218 patent is a reissue patent of U.S. Patent No. 6,856,578 (the 578 patent). The 218 patent includes claims that are identical to claims that were originally found in the 578 patent. 4. Johnson Outdoors is a Wisconsin corporation with its principal place of business

at 555 Main Street, Racine, Wisconsin 53403. Johnson Outdoors manufactures and markets underwater diving products, including those products accused of infringement in this suit, which it sells and distributes under the SCUBAPRO and UWATEC brand names.

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5.

This Court has personal jurisdiction over Johnson Outdoors because, among other

things, it transacts business in this judicial district, at least by offering to sell, selling and/or advertising infringing dive computer products in such a way as to reach customers in Illinois and this judicial district through authorized dealers located in this judicial district, such as Underwater Safaris and Elmers Watersport, and via the Internet through the websites www.johnsonoutdoors.com and www.scubapro.com, as well as other third party websites such as www.amazon.com, www.leisurepro.com, and shopping.google.com. committed acts of infringement in this judicial district. 6. 7. Venue is proper in this district under 28 U.S.C. 1391(b)-(d) and 1400(b). Johnson Outdoors has directly infringed and is directly infringing at least claims Johnson Outdoors has

140, 141, 166, 231, 232, 233, 236, 238, 239, and 240 of the 218 patent in violation of 35 U.S.C. 271(a) through, among other activities, the manufacture, use, sale, importation and/or offer for sale of infringing dive computer products that include a feature that allows one diver to monitor the tank pressure of another diver (i.e., a Buddy), including but not limited to the SCUBAPRO/UWATEC Galileo Sol and the SCUBAPRO/UWATEC Galileo Luna dive computers (the Accused Products). Johnson Outdoors has carried out these activities

throughout the United States, including within this judicial district. 8. Johnson Outdoors has also committed and unless enjoined by this Court will

continue to commit acts with knowledge of the 218 patent that constitute knowing and intentional inducement of infringement of the 218 patent in violation of 35 U.S.C. 271(b). These acts include, without limitation, supplying the Accused Products with instructions on how to use the products in an infringing manner; providing warranties and technical support for the Accused Products; and providing promotional and marketing support. Johnson Outdoors has committed, and will continue to commit, these acts with knowledge of the 218 patent and with -2-

Case: 1:12-cv-06276 Document #: 1 Filed: 08/09/12 Page 3 of 4 PageID #:3

knowledge of infringement of the 218 patent by third parties. Johnson Outdoors has had this knowledge since, at the latest, February 28, 2012, when outside counsel for Magine wrote to Johnson Outdoors informing it of its alleged infringement. Third parties, such as end users and authorized dealers of the Accused Products, in turn directly infringe the 218 patent in violation of 35 U.S.C. 271(a) through their use, operation, sale, and offer for sale of the Accused Products. Johnson Outdoors intentionally induces infringement of at least claims 140, 141, 166, 231, 232, 233, 236, 238, 239, and 240 of the 218 patent. 9. Even before the February 28, 2012 letter to Johnson Outdoors, Magine had

initially presented Scubapro/Uwatec USA (which were part of Johnson Outdoors) with his inventions in June 2001. His submission was reviewed by Dr. Sergio Angelini, who responded in December 2002 that Magines idea was interesting, but Scubapros R&D resources were allegedly completely taken up for the near future. Furthermore, in August 2011, Magine emailed a copy of the 218 patent to Dr. Angelini with an offer to license the 218 patent. Without permission or compensation to Magine, Johnson Outdoors decided to take Magines inventions and utilize his patented technology in its Accused Products. 10. Johnson Outdoors has had notice of the 218 patent and its infringement, and

despite that notice, has committed acts of infringement including but not limited to those described herein. Johnson Outdoors direct infringement and inducement to infringe have been willful, deliberate and objectively reckless. 11. applicable. 12. Johnson Outdoors infringement and/or knowing and intentional inducement to Magine has complied with the provisions of 35 U.S.C. 287 to the extent they are

infringe has injured Magine and Magine is entitled to recover damages adequate to compensate him for such infringement, but in no event less than a reasonable royalty. -3-

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WHEREFORE, Plaintiff Daniel J. Magine respectfully asks this Court to enter judgment against Defendant Johnson Outdoors Inc. and against its respective subsidiaries, successors, parents, affiliates, officers, directors, agents, servants, employees, and all persons in active concert or participation with it, granting the following relief: A. B. The entry of judgment in favor of Magine and against Johnson Outdoors; An award of damages adequate to compensate Magine for the infringement that has occurred, but in no event less than a reasonable royalty as permitted by 35 U.S.C. 284, together with prejudgment interest from the date the infringement began; C. D. Increased damages as permitted under 35 U.S.C. 284; A finding that this case is exceptional and an award to Magine of his reasonable attorneys fees and costs as provided by 35 U.S.C. 285; and E. Such other relief that Magine is entitled to under law, and any other and further relief that this Court or a jury may deem just and proper. JURY DEMAND Magine demands a trial by jury on all issues presented in his Complaint. Respectfully submitted, /s/ Joseph A. Culig Raymond P. Niro, Jr. Joseph A. Culig NIRO, HALLER & NIRO 181 West Madison, Suite 4600 Chicago, IL 60602 (312) 236-0733 Fax: (312) 236-3137 rnirojr@nshn.com; jculig@nshn.com Attorneys for Daniel J. Magine

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