Escolar Documentos
Profissional Documentos
Cultura Documentos
1
2
3
4
5
6
7
8
10
PRO-TROLL, a California Corporation,
11
Plaintiff,
12
vs.
13
14
15
CASE NO.:
)
)
)
)
)
)
)
)
)
)
)
16
17
18
19
20
21
22
23
24
25
26
27
1.
the laws of the State of California, having its principal place of business in the City of Lafayette,
County of Contra Costa, State of California. Plaintiff does business in the Northern District of
California.
2.
(Defendant) is a limited liability company organized and existing under the laws of the State of
Oregon, having its principal place of business in the City of Tigard, State of Oregon. Defendant
does business in the Northern District of California.
28
1
COMPLAINT FOR PATENT INFRINGEMENT
CASE NO.
1
2
3
4
3.
This action is for patent infringement and tortious interference with prospective
economic relationships.
4.
This action arises under the patent laws of the United States, 35 U.S.C. 1, et seq.
Jurisdiction is proper under 28 U.S.C. 1331 and 1338(a). This Court has supplemental
jurisdiction over the pendent state law claim under 28 U.S.C. 1367. These claims derive from a
common nucleus of operative facts and are so related that they form part of the same case or
controversy.
5.
10
6.
This Court has personal jurisdiction over Defendant. Defendant conducts business
11
12
Defendant, directly or through intermediaries, distributes, offers for sale, sells, and
13
advertises its products and services in the United States, the State of California, and the Northern
14
District of California.
INTRADICT ASSIGNMENT
15
16
17
8.
18
19
9.
20
and worldwide.
21
10.
Plaintiff develops, produces and sells fishing products throughout the United States
United States Design Patent No. D516,663, entitled FISHING LURE (the 663
22
Design Patent was duly and legally issued on March 7, 2006 to Plaintiff as the Assignee of
23
inventors Richard B. Pool and Cecil R. Spurgeon. A copy of the 663 Design Patent is attached
24
hereto as Exhibit A.
25
11.
The 663 Design Patent has been in full force and effect since its issuance.
26
12.
27
fishing products. Defendants fishing products include flashers sold under the name 11 Super
28
2
COMPLAINT FOR PATENT INFRINGEMENT
CASE NO.
http://www.shortbusflashers.com.
13.
663 Design Patent. Moreover, Defendants 11 Super Series flashers appear, from most aspects,
nearly identical.
14.
desist letter which identified the 663 Design Patent. This letter stated that Plaintiff owned the 663
10
11
12
13
14
15
Plaintiff hereby restates and re-alleges the allegations set forth in paragraphs 1
16.
Plaintiff has provided and Defendant has received actual notice of the 663 Design
17.
Defendant has directly infringed, and/or has induced others to infringe, and/or has
Patent.
16
committed acts of contributory infringement of the claims of the 663 Design Patent in violation of
17
35 U.S.C. 271 et seq. Upon information and belief, Defendant has committed acts of
18
infringement by making, using, selling, and/or offering to sell products within the United States,
19
and/or importing products into the United States, including but not limited to fishing products
20
21
18.
Defendant will continue to infringe the 663 Design Patent unless enjoined by this
22
Court. As a result of the infringing conduct of Defendant, Plaintiff has suffered, and will continue
23
to suffer, irreparable harm for which there is no adequate remedy at law. Accordingly, Plaintiff is
24
entitled to temporary, preliminary, and/or permanent injunctive relief against such infringement
25
26
19.
27
been damaged, and will be further damaged, and is entitled to be compensated for such damages
28
pursuant to 35 U.S.C. 284 in an amount that presently cannot be ascertained but that will be
3
COMPLAINT FOR PATENT INFRINGEMENT
CASE NO.
determined at trial.
20.
Because Defendant has continued its activities after receiving actual notice of the
663 Design Patent from Plaintiff, Defendants infringement is willful. As a result, Plaintiff is
further entitled to trebling of damages pursuant to 35 U.S.C. 284, and to the designation of this
case as exceptional pursuant to 35 U.S.C. 285, whereby Plaintiff is entitled to an award of its
attorneys fees.
9
10
Plaintiff hereby restates and re-alleges the allegations set forth in paragraphs 1
11
12
equipment, and there exists a probability of future economic benefit to Plaintiff from these
13
purchasers.
14
23.
15
24.
Defendant intentionally engaged in acts that were designed to and which did disrupt
16
17
18
Defendants acts were beyond those of a mere competitor securing business for
19
20
with intent to harm Plaintiff, and such actions justify the award of exemplary and punitive
21
damages.
PRAYER FOR RELIEF
22
23
24
A.
That Defendant has infringed the 663 Design Patent under 35 U.S.C. 271 et
B.
25
26
seq.;
27
acting in concert or participation with Defendant from directly or indirectly infringing, or inducing
28
CASE NO.
1
2
3
C.
Directing Defendant to account to Plaintiff for any and all profits derived by
Defendant from the sale or distribution of goods as described in this Complaint, including
6
7
8
9
10
11
12
13
14
15
E.
Awarding Plaintiff all damages caused by the acts forming the basis of this
Based on Defendants willful infringement of the 663 Design Patent, ordering that
Ordering Defendant to pay Plaintiff the costs of this action and Plaintiffs
Based on Defendants willful and deliberate conduct, and to deter such conduct in
Granting any such further relief in Plaintiffs favor as the Court deems just and
appropriate.
JURY DEMAND
16
17
18
19
20
21
22
By: __________________________
Peter J. Tormey
Aaron M. Davis
Attorneys for Plaintiff
PRO-TROLL
23
24
25
26
27
28
5
COMPLAINT FOR PATENT INFRINGEMENT
CASE NO.
PLAINTIFF'S EXHIBIT A
PLAINTIFF'S EXHIBIT A
PLAINTIFF'S EXHIBIT A
March 7, 2016
Mr. Goulet
Shortbus Flashers
12300 SW 127th Ave
Portland, OR 97223-1806
We represent Pro-Troll, Inc, a leader in fishing and marine products. One of their leading
products is the ProChip 11 flasher.
This letter is to inform you of Pro-Trolls family of published patents covering ProTrolls flasher product line. These patents include published U.S. patents 6,457,275, D516663,
D678460, 6,457,275, and others.
We have become aware that you are making and selling a product that is fully covered by
Pro-Trolls patents.
tradeshow in Portland and promoted them on your Facebook page. As a leader in the fishing
industry and in particular flashers, Pro-Troll intends to fully enforce its rights to its inventions
and all other intellectual property it owns.
Patent litigation is a very expensive endeavor. Moreover, our client is entitled to triple
damages for willful patent infringement. Your infringement will be very expensive.
We demand that you stop making and selling flashers that infringe Pro-Trolls patents
immediately.
Regards,
Pete Tormey
(925) 352-9842
PLAINTIFF'S EXHIBIT B
JS 44 (Rev. 07/16)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Contra Costa
Washington
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
DEF
1
Citizen or Subject of a
Foreign Country
Foreign Nation
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
2 Removed from
State Court
6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
8 Multidistrict
Litigation Direct File
DEMAND $
DOCKET NUMBER
07/19/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
Save As...
JUDGE
MAG. JUDGE
Reset
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.