Case 3:13-cv-01636-PK

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Filed 09/16/13

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Keith A. Ketterling, OSB No. 913368 Email: kketterling@stollberne.com Steven C. Berman, OSB No. 951769 Email: sberman@stollberne.com STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. Oak Street, Suite 500 Portland, Oregon 97204 Telephone: (503) 227-1600 Facsimile: (503) 227-6840 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION COLUMBIA SPORTSWEAR COMPANY, an Oregon corporation, Plaintiff, v. FIBRETRONIC LIMITED, a Hong Kong corporation, Defendant. Plaintiff, Columbia Sportswear Company alleges as follows: PARTIES 1. Columbia Sportswear Company (Columbia) is an Oregon corporation with its principal place of business in Washington County, Oregon. 2. Defendant Fibretronic Limited (Fibretronic) is a Hong Kong corporation, with its principal place of business in Hong Kong.
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Case No. 3:13-cv-1636 COMPLAINT (Breach of Contract) JURY TRIAL DEMANDED

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COMPLAINT

STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. OAK STREET, SUITE 500 PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:13-cv-01636-PK

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VENUE AND JURISDICTION 3. The Court has jurisdiction over this action pursuant to 28 U.S.C. 1332 because this is a civil action between a citizen of a state and a citizen or subject of a foreign state, and the amount in controversy exceeds $75,000. 4. This Court has personal jurisdiction over Fibretronic because Fibretronic directed its activities towards Oregon, consummated commercial transactions with this forum and purposefully availed itself of conducting business with this forum. The dispute between Fibretronic and Columbia arises out of and relates to Fibretronics business activities within this forum and its direct contact with Columbia in Oregon. Fibretronic has engaged in acts or omissions that have caused injury in Oregon. Fibretronic has distributed products used or consumed within the State of Oregon in the ordinary course of trade, or has otherwise made or established contacts with the State of Oregon sufficient to permit exercise of personal jurisdiction. 5. Venue is proper in this Court pursuant to 28 U.S.C. 1391(b)(1), because Fibretronic is a resident of Oregon, within the meaning of 28 U.S.C. 1391(c)(2) and 1391(c)(3). Alternatively, venue is proper in this Court, pursuant to 28 U.S.C. 1391(b)(3). CLAIM FOR RELIEF (Breach of Contract) 6. Fibretronic entered into a contract with Columbia. Under that agreement, Fibretronic agreed to manufacture and provide heating components for the inner wrist cuff (or gluff) for heated jackets Columbia intended to market and sell worldwide.
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COMPLAINT

STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. OAK STREET, SUITE 500 PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840

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7. Between May 2012 and September 2012, Columbia paid Fibretronic approximately $950,000 for the heating components. The heating components subsequently were installed into the inner wrist cuffs of the heated jackets, and the jackets were distributed worldwide for sale. 8. By November 2012, Columbia discovered that the heating components in some of the jackets were faulty. The wires in the cuffs were not properly aligned, which could result in an electrical short. The short created a hot spot that melted fabric in the jacket. 9. The heating components provided by Fibretronic were not fit for the purposes for which they were obtained. Because of the faulty heating components, the jackets were not appropriate for sale. Columbia recalled the jackets and withdrew them from the market. 10. As a result of Fibretronics actions and breach of contract, Columbia has sustained damages of approximately $9.4 million dollars. JURY TRIAL DEMAND 11. Columbia demands a trial by jury. PRAYER FOR RELIEF 12. WHEREFORE, Columbia prays for the following relief: A. B. Damages of $9.4 million, or in an amount proven at trial; Its attorneys fees and costs incurred herein; and

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COMPLAINT

STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. OAK STREET, SUITE 500 PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840

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C.

All other legal and equitable relief to which Columbia is entitled.

DATED this 16th day of September, 2013 STOLL STOLL BERNE LOKTING & SHLACHTER P.C. By: /s/ Keith A. Ketterling Keith A. Ketterling, OSB No. 913368 Steven C. Berman, OSB No. 951769 209 SW Oak Street, Suite 500 Portland, OR 97204 Telephone: (503) 227-1600 Facsimile: (503) 227-6840 Email: kketterling@stollberne.com sberman@stollberne.com Attorneys for Plaintiff

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COMPLAINT

STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. OAK STREET, SUITE 500 PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840