Case 8:16-cv-00929 Document 1 Filed 05/20/16 Page 1 of 8 Page ID #:1

Mei Tsang, Esq. (SBN 237959)

mtsang@fishiplaw.com
Joseph Andelin, Esq. (SBN 274105)
jandelin@fishiplaw.com
Fish & Tsang, LLP
2603 Main Street, Suite 1000
Irvine, California 92614-4271
Telephone: 949-943-8300
Facsimile: 949-943-8358

Attorneys for Plaintiff, The Parallax Group International, LLC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, THE SOUTHERN DIVISION

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The Parallax Group International, LLC, a

California corporation,

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COMPLAINT FOR PATENT

INFRINGEMENT

Plaintiff,
v.

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Civil Action No. 8:16-cv-929

DEMAND FOR JURY TRIAL

Incstores LLC, an Arizona corporation,
Defendant.

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COMPLAINT FOR PATENT INFRINGEMENT

Case 8:16-cv-00929 Document 1 Filed 05/20/16 Page 2 of 8 Page ID #:2

1.

Plaintiff, by and through its attorneys of record, alleges as follows:

PARTIES

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and existing under the laws of the State of California, with a place of business at 65 Enterprise

3rd Floor, Aliso Viejo, CA 92656.

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is a wholly owned corporation organized and existing under the laws of the State of Arizona,

with its principal place of business at 2045 S. Vineyard Ste 118, Mesa, AZ 85210.

Plaintiff, The Parallax Group International, LLC (Parallax), is a corporation organized

Upon information and belief, Defendant, Incstores LLC (Incstores or the Defendant),

SUBJECT MATTER JURISDICTION

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4.

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States, 35 U.S.C. 1, et seq. This Court has subject matter jurisdiction over this action

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pursuant to 28 U.S.C. 1331 and 1338(a).

This is an action for patent infringement arising under the patent laws of the United

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BACKGROUND

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5.

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www.flooringinc.com, www.rubberflooringinc.com, www.garageflooringinc.com, and

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www.foamtiles.com (the Websites).

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6.

Parallax protects its technologies through a broad range of intellectual property rights.

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7.

Among the patents that Parallax has been awarded are the patents listed below, to which

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Parallax owns all rights, title, and interest.

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Upon information and belief, Incstores owns, operates, and controls

Patent Number

Title

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US 9,289,085 (the 085 patent)

Floor Matting

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US D532,238 (the 238 patent)

Floor Matting

US D543,764 (the 764 patent)

Resilient Mat

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COUNT ONE: INFRINGEMENT OF THE 085 PATENT BY INCSTORES

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Plaintiff re-alleges and incorporates the allegations of paragraphs 1-7.

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The 085 patent is valid and enforceable.

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COMPLAINT FOR PATENT INFRINGEMENT

Case 8:16-cv-00929 Document 1 Filed 05/20/16 Page 3 of 8 Page ID #:3

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least claim 1 of the 085 patent.

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the 085 patent through direct infringement and infringement under the doctrine of equivalents.

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imported floor mats that infringe the 085 patent.

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following infringing floor mats in the United States: the Tatami Tiles mats, the Jumbo Soft

Tiles mats, the Designer Soft Tiles mats, the Soft Shapes mats, the Foam World Map Kits, the

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Foam World Map Kit - English/Korean mats, the Soft Rubber Tiles mats, the MMA Mats, the

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Road Trip Mats, and the Zoo Play Mats (the 085 Infringing Products), with exemplary

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depiction of some of the 085 Infringing Products found in Exhibit 1, attached.

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of the 085 patent.

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detailed in Exhibit 2, attached.

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contributed to or induced infringement of claim 1 of the 085 patent.

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suffered damages in an amount according to proof at trial.

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royalty.

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infringe the 085 patent.

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085 patent, Plaintiff will suffer additional irreparable harm and impairment of the value of its

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patent rights. Thus, Plaintiff is entitled to an injunction against further infringement, including

Plaintiff actively markets and sells throughout the United States products that embody at

Upon information and belief, and in violation of 35 U.S.C. 271, Incstores has infringed

Since at least July 10, 2009, Incstores has offered for sale, sold, used, manufactured, or

Incstores has also offered for sale, sold, used, manufactured, or imported at least the

Specifically, the 085 Infringing Products infringe the subject matter protected by claim 1

Some of Incstoress acts constituting infringement of claim 1 of the 085 patent are

Upon information and belief and in violation of 35 U.S.C. 271, the Defendant also

As a direct and proximate result of the Defendants acts of infringement, Plaintiff

Plaintiff is entitled to recover compensatory damages totaling no less than a reasonable

Incstores continues to offer for sale, sell, use, manufacture, or import floor mats that

Unless the Defendant is enjoined by this Court from continuing its infringement of the

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2
COMPLAINT FOR PATENT INFRINGEMENT

Case 8:16-cv-00929 Document 1 Filed 05/20/16 Page 4 of 8 Page ID #:4

an injunction preventing any sales or offers for sale of the 085 Infringing Products via the

Websites.

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least as early as May 19, 2016.

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mark of the 085 patent on its website, www.norsk-stor.com, since at least May 20, 2010.

Upon information and belief, the Defendant had constructive notice of the 085 patent at

In addition, Parallax has offered for sale and sold products embodying and bearing the

COUNT TWO: INFRINGEMENT OF THE 238 PATENT BY INCSTORES

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Plaintiff re-alleges and incorporates the allegations of paragraphs 1-7.

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The 238 patent is valid and enforceable.

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Plaintiff actively markets and sells throughout the United States products that embody the

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design claimed by the 238 patent.

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the 238 patent through direct infringement and infringement under the doctrine of equivalents.

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imported floor mats that infringe the 238 patent.

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following infringing floor mats in the United States: the Eco-Soft Carpet Tiles mats, the

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Premium Soft Carpet Tiles mats, the Carpet/Rubber Tiles - Signature Series mats, the Designer

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Berber Rubber Tiles mats, the Sport-Lock Rubber Tiles mats, the Strong Rubber Tiles mats,

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the Strong Rubber Tiles - Designer Series mats, the Tight-Lock Tiles mats, the Eco-Lock

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Rubber Tiles mats, the Reactive Rubber Tiles mats, the Impact Tiles - Designer Series mats,

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the Regrind Rubber Tiles mats, the PowerPlay Rubber Tiles mats, the Smart Rubber Tiles

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mats, the Energy Rubber Tiles mats, the Evo Tiles mats, the Eco-Soft + mats, the Premium

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Soft Wood Tiles mats, the Soft Rubber Tiles mats, the Diamond Soft Tiles mats, the Rainbow

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Play Mats, the Soft Wood Tiles mats, the Soft Wood Tile Seconds mats, the Large Foam

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ABC-123 Mats, the Medium Foam ABC-123 Mats, the Mini Soft Tiles mats, the Learning

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Math Mats, the Foam Alphabet Mats, the Premium HD Soft Tiles mats, and the HD Soft Tiles

Upon information and belief, and in violation of 35 U.S.C. 271, Incstores has infringed

Since at least July 1, 2009, Incstores has offered for sale, sold, used, manufactured, or

Incstores has also offered for sale, sold, used, manufactured, or imported at least the

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COMPLAINT FOR PATENT INFRINGEMENT

Case 8:16-cv-00929 Document 1 Filed 05/20/16 Page 5 of 8 Page ID #:5

mats (the 238 Infringing Products), with exemplary depiction of some of the 238 Infringing

Products found in Exhibit 3, attached.

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for sale, manufacture, or imported by Incstores, are the same, or are substantially identical to,

the design claimed in the 238 patent.

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industry would believe the 238 Infringing Products and, upon information and belief, other

products sold, offered for sale, manufactured, or imported by Incstores, are substantially the

same as the design claimed by the 238 patent.

The 238 Infringing Products and, on information and belief, other products sold, offered

An ordinary observer with an understanding of the relevant prior art in the floor mat

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contributed to or induced infringement of claim 1 of the 238 patent.

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suffered damages in an amount according to proof at trial.

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royalty.

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infringe the 238 patent.

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238 patent, Plaintiff will suffer additional irreparable harm and impairment of the value of its

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patent rights. Thus, Plaintiff is entitled to an injunction against further infringement, including

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an injunction preventing any sales or offers to sell via the Websites.

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least as early as May 20, 2010.

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its website, www.norsk-stor.com, or in retail locations since at least May 20, 2010.

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Upon information and belief and in violation of 35 U.S.C. 271, the Defendant also

As a direct and proximate result of the Defendants acts of infringement, Plaintiff

Plaintiff is entitled to recover compensatory damages totaling no less than a reasonable

Incstores continues to offer for sale, sell, use, manufacture, or import floor mats that

Unless the Defendant is enjoined by this Court from continuing its infringement of the

Upon information and belief, the Defendant had constructive notice of the 238 patent at

In addition, Parallax has offered for sale and sold products embodying the 238 patent on

COUNT THREE: INFRINGEMENT OF THE 764 PATENT BY INCSTORES

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Plaintiff re-alleges and incorporates the allegations of paragraphs 1-7.

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The 764 patent is valid and enforceable.

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COMPLAINT FOR PATENT INFRINGEMENT

Case 8:16-cv-00929 Document 1 Filed 05/20/16 Page 6 of 8 Page ID #:6

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design claimed by the 764 patent.

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the 764 patent through direct infringement and infringement under the doctrine of equivalents.

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imported floor mats that infringe the 764 patent.

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following infringing floor mats in the United States the Eco-Soft Carpet Tiles mats, the

Premium Soft Carpet Tiles mats, the Carpet/Rubber Tiles - Signature Series mats, the Designer

Plaintiff actively markets and sells throughout the United States products that embody the

Upon information and belief, and in violation of 35 U.S.C. 271, Incstores has infringed

Since at least July 1, 2009, Incstores has offered for sale, sold, used, manufactured, or

Incstores has also offered for sale, sold, used, manufactured, or imported at least the

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Berber Rubber Tiles mats, the Sport-Lock Rubber Tiles mats, the Strong Rubber Tiles mats,

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the Strong Rubber Tiles - Designer Series mats, the Tight-Lock Tiles mats, the Eco-Lock

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Rubber Tiles mats, the Reactive Rubber Tiles mats, the Impact Tiles - Designer Series mats,

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the Regrind Rubber Tiles mats, the PowerPlay Rubber Tiles mats, the Smart Rubber Tiles

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mats, the Energy Rubber Tiles mats, the Evo Tiles mats, the Eco-Soft + mats, the Premium

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Soft Wood Tiles mats, the Soft Rubber Tiles mats, the Diamond Soft Tiles mats, the Rainbow

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Play Mats, the Soft Wood Tiles mats, the Soft Wood Tile Seconds mats, the Large Foam

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ABC-123 Mats, the Medium Foam ABC-123 Mats, the Mini Soft Tiles mats, the Learning

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Math Mats, the Foam Alphabet Mats, the Premium HD Soft Tiles mats, and the HD Soft Tiles

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mats (the 764 Infringing Products), with exemplary depiction of some of the 764 Infringing

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Products found in Exhibit 3, attached.

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for sale, manufacture, or imported by Incstores, are the same, or are substantially identical to,

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the design claimed in the 764 patent.

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industry would believe the 764 Infringing Products and, upon information and belief, other

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products sold, offered for sale, manufactured, or imported by Incstores, are substantially the

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same as the design claimed by the 764 patent.

The 764 Infringing Products and, on information and belief, other products sold, offered

An ordinary observer with an understanding of the relevant prior art in the floor mat

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COMPLAINT FOR PATENT INFRINGEMENT

Case 8:16-cv-00929 Document 1 Filed 05/20/16 Page 7 of 8 Page ID #:7

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contributed to or induced infringement of claim 1 of the 764 patent.

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suffered damages in an amount according to proof at trial.

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royalty.

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infringe the 764 patent.

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Upon information and belief and in violation of 35 U.S.C. 271, the Defendant also

As a direct and proximate result of the Defendants acts of infringement, Plaintiff

Plaintiff is entitled to recover compensatory damages totaling no less than a reasonable

Incstores continues to offer for sale, sell, use, manufacture, or import floor mats that

Unless the Defendant is enjoined by this Court from continuing its infringement of the

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764 patent, Plaintiff will suffer additional irreparable harm and impairment of the value of its

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patent rights. Thus, Plaintiff is entitled to an injunction against further infringement, including

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an injunction preventing any sales or offers to sell via the Websites.

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least as early as May 20, 2010.

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its website, www.norsk-stor.com, or in retail locations since at least May 20, 2010.

Upon information and belief, the Defendant had constructive notice of the 764 patent at

In addition, Parallax has offered for sale and sold products embodying the 764 patent on

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PRAYER FOR RELIEF

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Plaintiff Parallax prays for judgment and relief as follows:

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A) Judgment that the 085, 238, and 764 patents are valid and enforceable;

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B) Judgment that the Defendant, its directors, officers, employees, attorneys, and agents, and

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all those persons acting in active concert or in participation with them, and their successors

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and assigns, be enjoined from further acts that infringe, contributorily infringe, or induce

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infringement of the 085, 238, and 764 patents pursuant to 35 U.S.C. 283;

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C) Judgment that the Defendant be ordered to pay damages adequate to compensate Parallax

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for infringement of the 085, 238, and 764 patents pursuant to 35 U.S.C. 284, together

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with interest, including pre-judgment interest from the date infringement of each of the

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patents began;

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COMPLAINT FOR PATENT INFRINGEMENT

Case 8:16-cv-00929 Document 1 Filed 05/20/16 Page 8 of 8 Page ID #:8

D) Judgment that the Defendant directly committed, induced, or contributed to willful

infringement of the 085, 238, and 764 patents and that the Defendant be ordered to pay

treble damages pursuant to 35 U.S.C. 284;

E) Judgment that the Defendant be ordered to pay all costs and expenses incurred by Parallax

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associated with this action pursuant to 35 U.S.C. 284;

F) Judgment that this case is exceptional, and that the Defendant be ordered to pay all of

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Parallaxs attorney fees associated with this action pursuant to 35 U.S.C. 285; and
G) Judgment that Parallax be granted any other relief as this Court finds just and proper,

including enhanced damages.

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DEMAND FOR JURY TRIAL

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by jury in this action of all issues so triable.

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, the Plaintiff demands trial

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Respectfully submitted,

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FISH & TSANG, LLP

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Dated: May 20, 2016

By: /s/Joseph A. Andelin

Joseph A. Andelin, Esq.
Attorneys for Plaintiff
Parallax, Inc.

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COMPLAINT FOR PATENT INFRINGEMENT

Case 8:16-cv-00929 Document 1-1 Filed 05/20/16 Page 1 of 2 Page ID #:9

Exhibit 1

Case 8:16-cv-00929 Document 1-1 Filed 05/20/16 Page 2 of 2 Page ID #:10

MMA Mats

Soft Shapes

Designer Soft Tiles

Jumbo Soft Tiles

Tatami Tiles

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Exhibit 2

Case 8:16-cv-00929 Document 1-2 Filed 05/20/16 Page 2 of 2 Page ID #:12

Incstoress Acts Constituting Infringement of Claim 1 of the 085 Patent

Upon information and belief, the 085 Infringing Products sold, offered for sale, or imported by Incstores
include a body with a peripheral wall having teeth and receiving slots, as seen in Exhibit 1. These acts or
features are required by and infringe claim 1.
Upon information and belief, each of the 085 Infringing Products has two layers, with each layer made
of the same material as the other layer, such that each layer has the same coefficient of thermal
expansion as the other layer. These acts or features are required by and infringe claim 1.
Upon information and belief, the 085 Infringing Products sold, offered for sale, or imported by Incstores
have two layers with different colors, as seen in Exhibit 1. These acts or features are required by and
infringe claim 1.
Upon information and belief, the 085 Infringing Products sold, offered for sale, or imported by Incstores
have two layers that are bound together at an undulating boundary, as seen in Exhibit 1. These acts or
features are required by and infringe claim 1.

Case 8:16-cv-00929 Document 1-3 Filed 05/20/16 Page 1 of 2 Page ID #:13

Exhibit 3

Case 8:16-cv-00929 Document 1-3 Filed 05/20/16 Page 2 of 2 Page ID #:14

Eco-Soft Carpet Tiles

Premium Soft Carpet Tiles

Reactive Rubber Tiles

Eco-Soft +

Tight-Lock Tiles