Leatherman Tool Group v. King Innovation - Complaint

Case: 4:17-cv-02273 Doc.
#: 1 Filed: 08/18/17 Page: 1 of 20 PageID #: 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI
LEATHERMAN TOOL GROUP, INC.,
Plaintiff,
Civil Action No.: ______________
v.
JURY TRIAL DEMANDED
KING TECHNOLOGY OF MISSOURI, INC.,
d/b/a KING INNOVATION,
Defendant.
COMPLAINT
Plaintiff Leatherman Tool Group, Inc. (Leatherman) files this Complaint and Jury
Demand against Defendant King Technology of Missouri, Inc., d/b/a King Innovation (King),
and in support alleges as follows:
NATURE AND BASIS OF ACTION
1. This is an action for patent infringement arising under the patent laws of the United
States, 35 U.S.C. 1, et seq. Leatherman seeks damages and attorney fees in this action.
THE PARTIES
2. Plaintiff Leatherman Tool Group, Inc. is a corporation organized under the laws of
Oregon, with its principal place of business at 12106 NE Ainsworth Circle, Portland, Oregon
97220.
3. Upon information and belief, Defendant King Technology of Missouri, Inc., d/b/a
King Innovation is a corporation organized under the laws of Missouri, with its principal place of
business at 42 N. Central Drive, OFallon, Missouri 63366.
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Case: 4:17-cv-02273 Doc. #: 1 Filed: 08/18/17 Page: 2 of 20 PageID #: 2
JURISDICTION AND VENUE
4. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331, 1332, and 1338 because this case arises under the patent laws of the United States,
Title 35 of the United States Code.
5. This Court has personal jurisdiction over King for at least the following reasons: (i)
King is a corporation organized under the laws of Missouri with its principal place of business in
this District; (ii) King regularly does business or solicits business, engages in other persistent
courses of conduct, and/or derives substantial revenue from the sale of products and/or services
provided to individuals in this District and in this State through at least the distributors of Kings
products located in this District; and (iii) King has purposefully established substantial, systematic,
and continuous contacts with this District and expects or should reasonably expect to be haled into
court in this District. This Courts exercise of jurisdiction over King will not offend traditional
notions of fair play and substantial justice.
6. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400
because King has committed acts of infringement in this judicial district and has a regular and
established place of business in this judicial district. More specifically, Kings principal place of
business is located in this District at 42 N. Central Drive, OFallon, Missouri 63366. In addition,
King has committed acts of infringement in this District by making, importing, offering for sale,
and/or selling to customers in this District infringing products.
FACTUAL BACKGROUND
I. THE PARTIES
7. Since its founding in 1983, Leatherman has beenand continues to bea leader in
innovation through its development of multi-tools and knives, and the Leatherman brand has
become associated with quality, dependable, and affordable products.

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8. Leatherman designs, manufactures, and sells a range of portable, multifunctional
tools and knives, including the Leatherman Wave, which is a multi-tool built around a pair of
pliers, with additional tools, such as knives, screwdrivers, and saws, stored in the handles.
Leatherman was the first company to design this type of innovative, multipurpose tool, and it sells
its products through distributors located throughout the United States.
9. Upon information and belief, King manufactures and sells various products related
to the irrigation, electrical, and utility industries. Among these products is Kings I-tool line of
products, which consists of multi-tools built around a pair of pliers, with additional tools stored in
the handles.
II. ASSERTED PATENTS
10. Leatherman has obtained multiple patents to protect the functional and ornamental
features of its multi-tools, including its line of multi-tools that are built around a pair of pliers with
additional tools in the handles.
A. U.S. Patent No. 7,347,128
11. The 128 Patent was duly and lawfully issued by the United States Patent Office on
March 25, 2008. Leatherman is the lawful owner of all right, title, and interest in and to the 128
Patent, including the right to sue for and recover for infringement thereof. A true and correct copy
of the 128 Patent is attached hereto as Exhibit A.
12. The 128 Patent generally relates to a folding multipurpose hand tool with a tool bit
holder and blade lock. A representative independent claim of the 128 Patent is set forth below:
1. A hand tool, comprising:
(a) a handle having an end and a pair of side walls adjacent said end;
(b) a folding tool member attached to said handle at said end and having a base
located adjacent said side wall and movable about a tool pivot, between an extended
position and a folded position;
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(c) a latch lever attached pivotably to said handle by a latch pivot;
(d) a locking bar carried on an outer end of said latch lever;
(e) a latch support notch defined in each of said side walls of said handle;
(f) a latch engagement notch defined in said base of said folding tool member, said
locking bar being engaged in both of said latch support notches and in said
engagement notch, thereby holding said folding tool member in a selected position
with respect to said tool pivot; said latch pivot including clearance between said
latch lever and said handle to allow said latch lever to move along said side walls
in a direction extending longitudinally along said handle without rotation of said
latch lever about said latch pivot, to a position in which said locking bar is received
snugly in said latch support notches, whereby said latch pivot is substantially
isolated from forces exerted by said folding tool member through said latch
engagement notch; and
(g) said locking bar being selectively removable from said latch engagement notch
by pivoting movement of said latch lever about said latch pivot, in order to release
said folding tool member from said selected position.
B. U.S. Patent No. 7,568,408
August 4, 2009. Leatherman is the lawful owner of all right, title, and interest in and to the 408
of the 408 Patent is attached hereto as Exhibit B.
14. The 408 Patent is a division of the application that became the 128 Patent. Like
the 128 Patent, the 408 Patent generally relates to a folding multipurpose hand tool with a tool
bit holder and blade lock. A representative independent claim of the 128 Patent is set forth below:
1. A multipurpose hand tool comprising:
(a) a pair of pivotally interconnected first and second tool members, pivotable
relative to each other about a tool pivot joint defining a pivot axis, and each of said
first and second tool members having a respective length, a respective front portion,
and a respective base;
(b) a pair of handles and pair of handle pivot joints, a respective one of said handle
pivot joints connecting each one of the pair of handles to said respective base of a
respective one of said first and second tool members, and each of said first and
second tool members being movable about the respective one of said handle pivot
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joints relative to a respective one of said handles, between respective stowed and
deployed positions;
(c) each of said tool members including an oval hub, said tool pivot joint being
defined by said oval hubs, and said pivot axis being fixedly aligned with and
extending through a central point in each of said oval hubs;
(d) in each of said first and second tool members, the included respective one of
said oval hubs having an overall width extending perpendicular to said respective
length and the included respective one of said oval hubs having a smaller second
overall dimension, in a direction parallel with said respective length; and
(e) said pair of interconnected first and second tool members cooperatively defining
a throat located adjacent said oval hubs and between said tool members, said throat
being located at a distance from said pivot axis that is less than half said overall
width.
C. U.S. Patent No. 6,014,787
January 18, 2000. Leatherman is the lawful owner of all right, title, and interest in and to the 787
of the 787 Patent is attached hereto as Exhibit C.
16. The 128 Patent generally relates to a folding multipurpose hand tool with easily
accessible outer blades. A representative independent claim of the 128 Patent is set forth below:
1. A folding multipurpose tool, comprising:
(a) a pair of pivotally interconnected jaws each having a base;
(b) a pair of handles, each of said handles having a first end attached pivotally to
said base of a respective one of said jaws, each of said handles defining a respective
central channel, and said tool having a folded configuration in which said jaws are
stowed within said central channels and an open configuration in which said jaws
extend away from said handles and said central channels face outwardly away from
each other; and
(c) each of said handles including a pair of side wing portions, each of said side
wing portions defining a respective side trough that is located parallel with and
alongside said respective central channel but facing in an opposite direction, and
wherein each of said handles defines a respective handle-folding pivot axis, one of
said handles having an outer blade mounted thereon and pivotally movable about
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said handle-folding pivot axis thereof, between a stowed position in a respective

one of said side troughs and an extended position.
D. U.S. Patent No. 6,128,805
October 10, 2000. Leatherman is the lawful owner of all right, title, and interest in and to the 805
of the 805 Patent is attached hereto as Exhibit D.
18. The 805 Patent is a division of the application that became the 787 Patent. The
805 Patent generally relates to a handle for a multipurpose folding tool. A representative
independent claim of the 805 Patent is set forth below:
1. A handle for a multipurpose hand tool, comprising:
(a) a unitary main member having a length and first and second ends defining an
elongate central channel having a pair of parallel channel walls interconnected by
a channel base, and a pair of side wing portions each defining a side trough
extending along a respective one of said channel walls outside said central channel,
said central channel facing openly in a first direction and each side trough facing
openly in an opposite second direction;
(b) a pair of oppositely located support flanges each defined as a part of a respective
one of said channel walls adjacent said first end, each of said support flanges
defining a through-hole, said through-holes defining a pivot axis extending
transversely through said handle adjacent said first end; and
(c) a blade locking member defined as an integral part of one of said channel walls.
E. U.S. Patent No. 6,216,301
April 17, 2001. Leatherman is the lawful owner of all right, title, and interest in and to the 301
of the 301 Patent is attached hereto as Exhibit E.
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20. The 301 Patent is a continuation of the application that became the 787 Patent.
Like the 787 Patent, the 301 Patent generally relates to a folding multipurpose tool with easily
1. A multipurpose hand tool, comprising:
(a) a pair of pivotally interconnected jaws each having a base;
(b) a pair of handles, each of said handles defining a handle-folding pivot axis and
having a first end attached to said base of a respective one of said jaws, said first
end being movable about said handle-folding pivot axis, each of said handles
defining a central channel, and said tool having a folded configuration in which
said jaws are stowed within said central channels, and an open configuration in
which said jaws are extended away from said handles and said central channels face
outwardly away from each other;
(c) at least one of said handles including a pair of side wing portions, each of said
side wing portions defining a respective side trough that is located parallel with and
alongside said central channel but facing in an opposite direction with respect to
said central channel, each said side trough having an arcuately convex base outer
surface available as a comfortable hand grip surface when said tool is in said open
configuration; and
(d) said at least one of said handles that includes said pair of side wing portions
having an outer blade mounted thereon and pivotally movable with respect to said
at least one of said handles, between an extended position and a stowed position
within a respective one of said side troughs.
F. U.S. Patent No. 6,857,154
February 22, 2005. Leatherman is the lawful owner of all right, title, and interest in and to the
154 Patent, including the right to sue for and recover for infringement thereof. A true and correct
copy of the 154 Patent is attached hereto as Exhibit F.
22. The 154 Patent is a continuation of application No. 09/837,139, which is a
continuation of the application that became the 301 Patent. Like the 301 Patent, the 154 Patent
generally relates to a folding multipurpose tool with easily accessible outer blades. A
representative independent claim of the 154 Patent is set forth below:
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(a) a pair of pivotally interconnected cooperatively functional members each having

a base;
(b) a pair of handles, at least one of said pair of handles having a first end attached
pivotally to said base of a respective one of said cooperatively functional members,
said one of said handles defining a central channel, and said tool having a folded
configuration in which said cooperatively functional members are stowed at least
partially within said central channel, and an open configuration in which said
cooperatively functional members are extended away from said handles and said
central channel faces outwardly away from the other of said pair of handles; and
(c) at least said one of said handles including a pair of side wing portions, each of
said side wing portions defining a respective side trough that is located parallel with
and alongside said central channel but facing in an opposite direction with respect
to said central channel, each said side trough having an arcuately convex base outer
surface available as a comfortable hand grip surface when said tool is in said open
configuration.
G. U.S. Patent No. 7,020,922
April 4, 2006. Leatherman is the lawful owner of all right, title, and interest in and to the 922
of the 922 Patent is attached hereto as Exhibit G.
24. The 922 Patent is a continuation of the application that became the 154 Patent.
Like the 154 Patent, the 922 Patent generally relates to a folding multipurpose tool with easily
(a) a pair of pivotally interconnected cooperatively functional members each having

a base;
(b) a pair of handles, at least one of said pair of handles having a first end attached
pivotally to said base of a respective one of said cooperatively functional members,
said one of said handles defining a central channel having a pair of channel walls,
and said tool having a folded configuration, in which said cooperatively functional
members are stowed at least partially within said central channel, and an open
configuration, in which said cooperatively functional members are extended away
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from said handles and said central channel faces outwardly away from the other of
said pair of handles; and
(c) at least said one of said handles including a pair of side wing portions, each of
said side wing portions extending outwardly away from said channel walls of said
central channel and being curved arcuately, extending thence parallel with and
alongside a respective one of said channel walls of said central channel, each said
side wing portion thus having an arcuately convex outer surface available as a
comfortable hand grip surface when said tool is in said open configuration.
H. U.S. Design Patent No. D497,790
November 2, 2004. Leatherman is the lawful owner of all right, title, and interest in and to the
copy of the 790 Patent is attached hereto as Exhibit H.
26. The 790 Patent claims an ornamental design for a folding multipurpose hand tool.
A representative figure from the 790 Patent is depicted below:
I. U.S. Design Patent No. D499,621
December 14, 2004. Leatherman is the lawful owner of all right, title, and interest in and to the
copy of the 621 Patent is attached hereto as Exhibit I.
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28. The 621 Patent claims an ornamental design for a hub portion of a pair of jaws for
a tool. A representative figure from the 621 Patent is depicted below:
III. KINGS INFRINGEMENT OF THE ASSERTED PATENTS
29. Upon information and belief, King currently manufactures and sells at least one
multipurpose folding tool built around a pair of pliers, with additional tools stored in the handles,
which it has branded I-tool. A picture of the I-tool product taken from Kings website is below:
30. The functional design of Kings I-tool product is virtually identical to Leathermans
patented multi-tools, including its Leatherman Wave multi-tool. The I-tool infringes multiple
claims of all of the 128, 408, 787, 805, 301, 154, and 922 Patents because the I-tool contains
every element of those claims.
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31. In addition, the ornamental design of Kings I-tool product is substantially similar
to the ornamental designs claimed in the 790 and 621 Patents, and an ordinary observer would
be deceived into thinking that the design of the I-tool is the same as the patented designs.
32. On May 5, 2017, Leatherman sent a letter to the President of King, Frank Vlasaty,
informing him of Kings infringement of the Asserted Patents and demanding that King cease
making, using, offering to sell, selling, and importing into the United States the I-tool product and
agree to pay Leatherman damages that it sustained as a result of Kings infringement. King refused
to cease its manufacture and sale of the I-tool product.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,347,128
33. Leatherman incorporates herein by reference each and every allegation contained in
paragraphs 1-32 above.
34. Upon information and belief, King has directly infringed and continues to directly
infringe at least claims 1 and 8 of the 128 Patent, either literally or under the doctrine of
equivalents, by making, using, selling, and/or offering to sell the I-tool product in the United States.
35. Kings infringement is willful and deliberate. King has had knowledge of the 128
Patent at least since Leatherman sent the first cease and desist letter to King on May 5, 2017.
36. Leatherman has sustained damages as a result of Kings past and continuing
infringement of the 128 Patent in an amount to be determined at trial.
37. Leatherman has been and continues to be irreparably injured by Kings past and
continuing infringement of the 128 Patent, and Kings infringing activities will continue unless
enjoined by this Court pursuant to 35 U.S.C. 283.
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38. Leatherman seeks damages in an amount adequate to compensate for Kings
infringement, a permanent injunction barring King from continuing to infringe the 128 Patent,
and its attorney fees and costs associated with this action.
COUNT II
39. Leatherman incorporates herein by reference each and every allegation contained
in paragraphs 1-38 above.
infringe at least claim 1 of the 408 Patent, either literally or under the doctrine of equivalents, by
making, using, selling, and/or offering to sell the I-tool product in the United States.
COUNT III
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infringe at least claims 1 and 27 of the 787 Patent, either literally or under the doctrine of
equivalents, by making, using, selling, and/or offering to sell the I-tool product in the United States.
COUNT IV
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COUNT V
infringe at least claims 1-2, 18, and 24-26 of the 301 Patent, either literally or under the doctrine
of equivalents, by making, using, selling, and/or offering to sell the I-tool product in the United
States.
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COUNT VI
COUNT VII
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COUNT VIII
INFRINGEMENT OF U.S. DESIGN PATENT NO. D497,790
infringe the claim of the 790 Patent by making, using, selling, and/or offering to sell the I-tool
product in the United States.
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COUNT IX
INFRINGEMENT OF U.S. DESIGN PATENT NO. D499,621
infringe the claim of the 621 Patent by making, using, selling, and/or offering to sell the I-tool
product in the United States.
DEMAND FOR JURY TRIAL
Leatherman requests a trial by jury of all issues so triable pursuant to Rule 38 of the Federal
Rules of Civil Procedure.
PRAYER FOR RELIEF
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WHEREFORE, Leatherman respectfully requests judgment against King as follows:
a) For a judgment in favor of Leatherman that King has infringed the 128 Patent,
whether literally or under the doctrine of equivalents, as described herein;
b) For a judgment in favor of Leatherman that King has infringed the 408 Patent,
c) For a judgment in favor of Leatherman that King has infringed the 787 Patent,
d) For a judgment in favor of Leatherman that King has infringed the 805 Patent,
e) For a judgment in favor of Leatherman that King has infringed the 301 Patent,
f) For a judgment in favor of Leatherman that King has infringed the 154 Patent,
g) For a judgment in favor of Leatherman that King has infringed the 922 Patent,
h) For a judgment in favor of Leatherman that King has infringed the 790 Patent, as
described herein;
i) For a judgment in favor of Leatherman that King has infringed the 621 Patent, as
described herein;
j) For an award of such damages in an amount sufficient to compensate Leatherman
for Kings infringement of the 128, 408, 787, 805, 301, 154, and 922 Patents,
but under no circumstances an amount less than a reasonable royalty for Kings
use of Leathermans patented inventions;
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k) For an award of the total profit made by King from its infringement of the 790
and 621 Patents pursuant to 35 U.S.C. 289;
l) For an order under 35 U.S.C. 283 permanently enjoining King from continuing
to make, use, sell, or offer to sell the I-tool product in the United States;
m) For an order declaring this to be an exceptional case pursuant to 35 U.S.C. 285;
n) For an award to Leatherman of its reasonable attorney fees and full costs;
o) For an order declaring that Kings infringement was willful and an award of treble
damages to Leatherman pursuant to 35 U.S.C. 284; and
p) For such further relief as the Court may deem just and appropriate.
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Dated: August 18, 2017 Respectfully submitted,
/s/ James F. Bennett

James F. Bennett
MO State Bar No. 46826MO
John J. Rehmann, II
MO State Bar No. 61245MO
DOWD BENNETT LLP
7733 Forsyth Blvd.
Suite 1900
St. Louis, MO 63105
Phone: (314) 889-7300
Fax: (314) 863-2111
jbennett@dowdbennett.com
jrehmann@dowdbennett.com
Of Counsel:
Michael S. Connor
Richard M. McDermott
ALSTON & BIRD LLP
Bank of America Plaza
101 South Tryon Street
Suite 4000
Charlotte, NC 28280-4000
Phone: (704) 444-1000
Fax: (704) 444-1111
mike.connor@alston.com
Lindsey Yeargin
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Suite 4900
Atlanta, GA 30309-3424
Phone: (404) 881-7000
Fax: (404) 881-7777
lindsey.yeargin@alston.com
Counsel for Plaintiff Leatherman Tool Group, Inc.
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Case: 4:17-cv-02273 Doc. #: 1-1 Filed: 08/18/17 Page: 1 of 34 PageID #: 21
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
JS 44 Reverse (Rev 06/17)
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Date and Attorney Signature. Date and sign the civil cover sheet.

EASTERN DISTRICT OF MISSOURI
Leatherman Tool Group, Inc. )

, )
)
Plaintiff, )
)
v. ) Case No.
King Technology of Missouri, )
, )
Inc., d/b/a King Innovation
)
Defendant, )
)
ORIGINAL FILING FORM
THIS FORM MUST BE COMPLETED AND VERIFIED BY THE FILING PARTY

WHEN INITIATING A NEW CASE.
THIS SAME CAUSE, OR A SUBSTANTIALLY EQUIVALENT COMPLAINT, WAS
PREVIOUSLY FILED IN THIS COURT AS CASE NUMBER
AND ASSIGNED TO THE HONORABLE JUDGE .
THIS CAUSE IS RELATED, BUT IS NOT SUBSTANTIALLY EQUIVALENT TO ANY
PREVIOUSLY FILED COMPLAINT. THE RELATED CASE NUMBER IS AND
THAT CASE WAS ASSIGNED TO THE HONORABLE . THIS CASE MAY,
THEREFORE, BE OPENED AS AN ORIGINAL PROCEEDING.
NEITHER THIS SAME CAUSE, NOR A SUBSTANTIALLY EQUIVALENT
COMPLAINT, HAS BEEN PREVIOUSLY FILED IN THIS COURT, AND THEREFORE
MAY BE OPENED AS AN ORIGINAL PROCEEDING.
The undersigned affirms that the information provided above is true and correct.
08/18/2017 /s/ James F. Bennett

Date:
Signature of Filing Party
AO 440 (Rev. 12/09) Summons in a Civil Action

for the
Eastern District of Missouri
Leatherman Tool Group, Inc.

)
)
Plaintiff
)
v. ) Civil Action No.
King Technology of Missouri, Inc. d/b/a King Innovation )
)
Defendant
)
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address) King Technology of Missouri, Inc. d/b/a King Innovation
42 N. Central Drive, O'Fallon, Missouri 63366
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: James. F. Bennett
John J. Rehmann, II
Dowd Bennett LLP
7733 Forsyth Blvd Suite 1900
St. Louis, MO 63105
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
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Leatherman Tool Group v. King Innovation - Complaint

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Leatherman Tool Group v. King Innovation - Complaint

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Case: 4:17-cv-02273 Doc.

#: 1 Filed: 08/18/17 Page: 1 of 20 PageID #: 1

UNITED STATES DISTRICT COURT

LEATHERMAN TOOL GROUP, INC.,

and in support alleges as follows:

NATURE AND BASIS OF ACTION

business at 42 N. Central Drive, OFallon, Missouri 63366.

JURISDICTION AND VENUE

Title 35 of the United States Code.

notions of fair play and substantial justice.

and/or selling to customers in this District infringing products.

become associated with quality, dependable, and affordable products.

8. Leatherman designs, manufactures, and sells a range of portable, multifunctional

its products through distributors located throughout the United States.

II. ASSERTED PATENTS

additional tools in the handles.

A. U.S. Patent No. 7,347,128

of the 128 Patent is attached hereto as Exhibit A.

1. A hand tool, comprising:

(c) a latch lever attached pivotably to said handle by a latch pivot;

(d) a locking bar carried on an outer end of said latch lever;

B. U.S. Patent No. 7,568,408

of the 408 Patent is attached hereto as Exhibit B.

1. A multipurpose hand tool comprising:

C. U.S. Patent No. 6,014,787

of the 787 Patent is attached hereto as Exhibit C.

1. A folding multipurpose tool, comprising:

(a) a pair of pivotally interconnected jaws each having a base;

said handle-folding pivot axis thereof, between a stowed position in a respective

D. U.S. Patent No. 6,128,805

of the 805 Patent is attached hereto as Exhibit D.

independent claim of the 805 Patent is set forth below:

1. A handle for a multipurpose hand tool, comprising:

E. U.S. Patent No. 6,216,301

of the 301 Patent is attached hereto as Exhibit E.

1. A multipurpose hand tool, comprising:

(a) a pair of pivotally interconnected jaws each having a base;

F. U.S. Patent No. 6,857,154

copy of the 154 Patent is attached hereto as Exhibit F.

22. The 154 Patent is a continuation of application No. 09/837,139, which is a

representative independent claim of the 154 Patent is set forth below:

1. A multipurpose hand tool, comprising:

(a) a pair of pivotally interconnected cooperatively functional members each having

G. U.S. Patent No. 7,020,922

of the 922 Patent is attached hereto as Exhibit G.

1. A multipurpose hand tool, comprising:

(a) a pair of pivotally interconnected cooperatively functional members each having

H. U.S. Design Patent No. D497,790

copy of the 790 Patent is attached hereto as Exhibit H.

A representative figure from the 790 Patent is depicted below:

I. U.S. Design Patent No. D499,621

copy of the 621 Patent is attached hereto as Exhibit I.

a tool. A representative figure from the 621 Patent is depicted below:

III. KINGS INFRINGEMENT OF THE ASSERTED PATENTS

every element of those claims.

to cease its manufacture and sale of the I-tool product.

paragraphs 1-32 above.

infringement of the 128 Patent in an amount to be determined at trial.

enjoined by this Court pursuant to 35 U.S.C. 283.

38. Leatherman seeks damages in an amount adequate to compensate for Kings

in paragraphs 1-38 above.

infringement of the 408 Patent in an amount to be determined at trial.

enjoined by this Court pursuant to 35 U.S.C. 283.

44. Leatherman seeks damages in an amount adequate to compensate for Kings