Você está na página 1de 35

Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 1 of 7

IN THE UNITED STATES DISTRICT COURT


DISTRICT OF COLORADO

Civil Action No. 1:19-cv-906

OUTDOOR EDGE CUTLERY CORPORATION,

Plaintiff,

v.

GREAT STAR INDUSTRIAL USA, LLC,

Defendant.

COMPLAINT WITH JURY DEMAND

Plaintiff Outdoor Edge Cutlery Corporation (“Outdoor Edge” or “Plaintiff”), by and

through its undersigned counsel, submits its Complaint and Jury Demand against Great Star

Industrial USA, LLC (“Defendant”), and states as follows:

I. PARTIES

1. Upon information and belief, Defendant Great Star Industrial USA, LLC is a

company formed under the laws of the state of North Carolina and has a principal place of

business at 9836-A Northcross Center Court, Huntersville, North Carolina 28078.

2. Upon information and belief, Defendant offers for sale and sells the knives

identified herein throughout the United States and in Colorado, including through direct sales

made by Defendant and through one or more e-commerce sites.

II. JURISDICTION AND VENUE

3. This is a civil action to combat Defendant’s infringement of Outdoor Edge’s

exclusive rights under the patent laws of the United States, 35 U.S.C. § 101, et seq.

4844-5877-2365.3 1
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 2 of 7

4. This Court has original subject matter jurisdiction of this action pursuant to 28

U.S.C. §§ 1331 and 1338(a).

5. This Court has personal jurisdiction over Defendant, as Defendant conducts

substantial business in this district through direct sales to consumers and potential consumers in

Colorado, under the Mossy Oak brand name, including through Walmart retail stores and

through e-commerce sites including www.amazon.com. Based upon its extensive commercial

activities and presence, it is foreseeable that Defendant regularly conducts business within this

judicial district and has availed itself of the laws of Colorado.

6. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400.

III. GENERAL ALLEGATIONS

7. For 30 years, Outdoor Edge has been engaged in the business of designing and

distributing high quality outdoor equipment for hunting, fishing and other outdoor industries.

Outdoor Edge, through its continuous improvement and innovation programs and extensive

field-testing, provides products that not only meet but exceed a rigorous set of performance

standards. As a result of this history of improvement and innovation, Outdoor Edge has become

recognized as one of the finest designers and manufacturers of knives and knife accessories in

the United States. Outdoor Edge has been awarded over 75 U.S. patents for its novel outdoor

products, as well as many other foreign patents.

8. One of the patents Outdoor Edge has been awarded is U.S. Patent No. D843,808,

which was issued by the U.S. Patent and Trademark Office (“USPTO”) on March 26, 2019 (“the

‘808 Patent”). See Exhibit 1. The ‘808 Patent is directed to a novel design for a knife. The ‘808

Patent was duly examined and is presumed valid and enforceable.

9. Another of the patents Outdoor Edge has been awarded is U.S. Patent No.

D728,339, which was issued by the USPTO on May 5, 2015 (“the ‘339 Patent”). See Exhibit 2.

4844-5877-2365.3 2
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 3 of 7

The ‘339 Patent is directed to a novel design for a knife. The ‘339 Patent was duly examined and

is presumed valid and enforceable.

10. Outdoor Edge owns all right, title and interest to the ‘808 and ‘339 Patents by

duly executed assignments. Outdoor Edge has paid all applicable fees necessary to maintain the

‘808 and ‘339 Patents as valid and enforceable.

IV. DEFENDANT’S UNLAWFUL CONDUCT

11. Defendant has offered for sale and sold knife products in the United States that

infringe upon Outdoor Edge’s exclusive patent rights. See Exhibit 3. Defendant’s knife products,

as depicted in Exhibit 3, incorporate the designs claimed in the ‘808 and ‘339 Patents.

12. Defendant’s infringing knife products have been sold under the Mossy Oak brand

name through Walmart stores and various e-commerce sites, including www.amazon.com. See

Exhibit 4. These knives are offered for sale to consumers in Colorado and, upon information and

belief, have been sold by Defendant or its distributors to consumers in Colorado. Defendant’s

offers for sale and sales of infringing product has not abated.

13. Outdoor Edge has not licensed or given authority to Defendant or anyone else to

make, have made, use, import, offer for sale or sell the products encompassed by the ‘808 and

‘339 Patents. Thus, Defendant’s importation, making, having made, use, offer for sale and sale of

the knife products shown in Exhibits 3 and 4 (“the Accused Products”) is unlawful and results in

infringement of Outdoor Edge’s valuable patent rights. Upon information and belief,

Defendant’s infringement has been knowingly and intentional, resulting in Defendant’s willful

infringement. Defendant’s infringing activity has occurred within the State of Colorado, resulting

in sales of the Accused Products to consumers residing in Colorado.

4844-5877-2365.3 3
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 4 of 7

V. FIRST CLAIM FOR RELIEF


(Federal Patent Infringement Of U.S. Patent No. D843,808)

14. Outdoor Edge realleges and incorporates by reference the allegations contained in

Paragraphs 1-13 above.

15. Defendant’s activities in making, using, selling and/or offering to sell in the

United States and/or importing into the United States the Accused Products constitutes direct

infringement of the ‘808 Patent in violation of 35 U.S.C. § 271(a).

16. Defendant’s actions of making, having made, importing, using or selling products

which infringe the ‘808 Patent have been, and are, willful, deliberate and/or in conscious

disregard of Outdoor Edge’s rights, making this an exceptional case within the meaning of 35

U.S.C. § 285 and entitling Outdoor Edge to an award of it attorney’s fees and treble damages.

17. Defendant’s infringement of the ‘808 Patent has caused and will continue to cause

damage to Outdoor Edge in an amount to be ascertained at trial.

18. Defendant’s infringement of the ‘808 Patent has caused and will continue to cause

irreparable injury to Outdoor Edge, to which there exists no adequate remedy at law.

Defendant’s infringement of the ‘808 Patent will continue unless enjoined by this Court.

VI. SECOND CLAIM FOR RELIEF


(Federal Patent Infringement Of U.S. Patent No. D728,339)

19. Outdoor Edge realleges and incorporates by reference the allegations contained in

Paragraphs 1-18 above.

20. Defendant’s activities in making, using, selling and/or offering to sell in the

United States and/or importing into the United States the Accused Products constitutes direct

infringement of the ‘339 Patent in violation of 35 U.S.C. § 271(a).

21. Defendant’s actions of making, having made, importing, using or selling products

which infringe the ‘339 Patent have been, and are, willful, deliberate and/or in conscious

4844-5877-2365.3 4
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 5 of 7

disregard of Outdoor Edge’s rights, making this an exceptional case within the meaning of 35

U.S.C. § 285 and entitling Outdoor Edge to an award of it attorney’s fees and treble damages.

22. Defendant’s infringement of the ‘339 Patent has caused and will continue to cause

damage to Outdoor Edge in an amount to be ascertained at trial.

23. Defendant’s infringement of the ‘339 Patent has caused and will continue to cause

irreparable injury to Outdoor Edge, to which there exists no adequate remedy at law. Defendant’s

infringement of the ‘339 Patent will continue unless enjoined by this Court.

VII. PRAYER FOR RELIEF

WHEREFORE, Outdoor Edge requests that judgment be entered in its favor and against

Defendant as follows:

1. Declaration that Defendant has infringed U.S. Patent No. D843,808;

2. Declaration that Defendant has infringed U.S. Design Patent No. D728,339;

3. Issuing temporary, preliminary, and permanent injunctions enjoining Defendant,

its officers, agents, subsidiaries, and employees, and those in privity with or that act in concert

with any of the foregoing, from:

A. further infringing U.S. Patent No. D843,808, pursuant to 35 U.S.C. § 283,

by importing, making, having made, offering for sale or selling the

Accused Products;

B. further infringing U.S. Design Patent No. D728,339, pursuant to 35 U.S.C.

§ 283, by importing, making, having made, offering for sale or selling the

Accused Products;

C. engaging in any other act or thing likely to confuse, mislead or deceive

others into believing that Defendant, or its products, are connected with or

sponsored, licensed or approved by Outdoor Edge; and

4844-5877-2365.3 5
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 6 of 7

D. engaging in any other activity constituting unfair competition with

Outdoor Edge, or constituting an infringement or misappropriation of

Outdoor Edge’s exclusive rights.

4. Ordering that all labels, signs, prints, packages, wrappers, receptacles, and

advertisements in the possession of Defendant bearing or referring the to Accused Products, or

any colorable imitation thereof, and all plates, molds, matrices, and other means of making the

same, be delivered to Outdoor Edge for destruction;

5. Ordering Defendant to file with the Court and serve on Outdoor Edge’s counsel

within 30 days after service of the injunction, a written report, sworn under oath, setting forth in

detail the manner and form in which Defendant has complied with the injunction;

6. For an accounting of all profits derived from Defendant’s unlawful conduct,

including infringement of U.S. Design Patent No. D843,808 and U.S. Design Patent No.

D728,339, at Defendant’s expense, and trebling those damages;

7. Awarding Outdoor Edge damages arising out of Defendant’s infringement of U.S.

Design Patent No. D843,808 and U.S. Design Patent No. D728,339 in an amount no less than a

reasonable royalty for each act of infringement, pursuant to 35 U.S.C. § 284, and trebling those

damages;

8. Finding that this is an “exceptional case” within the meaning of 35 U.S.C. § 285

and awarding reasonable attorneys’ fees to Outdoor Edge;

9. For exemplary and/or punitive damages;

10. For recovery of costs, pre-judgment and post-judgment interest to the extent

applicable; and

11. For such other relief as the Court may deem just and proper.

4844-5877-2365.3 6
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 7 of 7

JURY DEMAND

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Outdoor Edge demands a

trail by jury on all issues so triable.

Dated: March 27, 2019 Respectfully Submitted,

By: /s/ Ian R. Walsworth


Ian R. Walsworth
LEWIS BRISBOIS BISGAARD & SMITH LLP
1700 Lincoln Street, Suite 4000
Denver, Colorado 80203
Phone: (303) 861-7760
Fax: (303) 861-7767
E-mail: Ian.Walsworth@LewisBrisbois.com
Attorneys for Plaintiff Outdoor Edge Cutlery
Corporation

Plaintiff’s Address:
5000 Osage Street, Suite 800
Denver, Colorado 80221, USA

4844-5877-2365.3 7
Case 1:19-cv-00906 Document 1-1 Filed 03/27/19 USDC Colorado Page 1 of 2
JS 44 (Rev. 06/17) 'LVWULFWRI&RORUDGR CIVIL COVER SHEET
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


Outdoor Edge Cutlery Corporation Great Star Industrial USA, LLC
5000 Osage Street, Suite 800, Denver, CO 80221 9836-A Northcross Center Court, Huntersville, NC 28078

(b) County of Residence of First Listed Plaintiff Denver County of Residence of First Listed Defendant Mecklenburg Co. NC
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Ian R. Walsworth
Lewis Brisbois Bisgaard & Smith LLP, 1700 Lincoln St., Suite 4000,
Denver, CO 80203 (303) 861-7760, ian.walsworth@lewisbrisbois.com

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6


Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. §§ 271, 281-285
VI. CAUSE OF ACTION Brief description of cause: $3'RFNHW
Patent Infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
03/27/2019 /s/ Ian R. Walsworth
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


Case 1:19-cv-00906 Document 1-1 Filed 03/27/19 USDC Colorado Page 2 of 2
JS 44 Reverse (Rev. 06/17)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44


Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) 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.
(b) 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.)
(c) 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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.


Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

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.
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 1 of 11

EXHIBIT 1
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 2 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 3 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 4 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 5 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 6 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 7 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 8 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 9 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 10 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 11 of 11
Case 1:19-cv-00906 Document 1-3 Filed 03/27/19 USDC Colorado Page 1 of 6

EXHIBIT 2
Case 1:19-cv-00906 Document 1-3 Filed 03/27/19 USDC Colorado Page 2 of 6

USOOD728339S

(12) United States Design Patent (10) Patent No.: USD728,339 S


Bloch (45) Date of Patent: . May 5, 2015
(54) KNIFE D593,838 S * 6/2009 Williams ......................... D8/99
7,900,363 B1*ck 3/2011 White ............................. 30,340
(71) Applicant: Outdoor Edge Cutlery Corporation, Pig
- wr. i ck 338 Ston
ite . . . .et. . . al.
. . . . . . . . . . . . . . . . . .. .. . . D22, 149
. 30,340
Wheat Ridge, CO (US) 2004/0231169 A1 11/2004 Roberson
2005/0229404 A1 10/2005 Nordqvist et al.
(72) Inventor: David R. Bloch, Morrison, CO (US) 2006/0064877 A1 3/2006 Vallotton et al. ................ 30,153
2014/0115851 A1 5, 2014 Bloch et al.
(73) Assignee: Outdoor Edge Cutlery Corporation,
Denver, CO (US) FOREIGN PATENT DOCUMENTS
(**) Term: 14 Years EP 1570959 9, 2005
OTHER PUBLICATIONS
(21) Appl. No. 29/440,686
International Search Report and Written Opinion for International
(22) Filed: Dec. 26, 2012 (PCT) Patent Application No. PCT/US2013/066877 mailed Mar. 18,
(51) LOC (10) Cl. ................................................ 08-03 2014, 8 pages.
(52) U.S. Cl. k .
USPC ............................................................. D8/99 cited by examiner
(58) Field of Classification Search Primary Examiner — Susan E Krakower
USPC ........ D8/7, 12, 19, 20, 95, 97-100, 105, 107; Assistant Examiner — Roselvnne Cod
D22,118; D71649, 650,652718,
Soississil 3, 5,332 7.
(74) Attorney, Agent, or Firmy - Sheridan
Sh i ROSSRoss PC
PC.
30/355.357 (57) CLAM
See application file for complete search history. The ornamental design for a knife, as shown and described.
(56) References Cited DESCRIPTION
U.S. PATENT DOCUMENTS
FIG. 1 is a perspective view of the knife;
3,896,546 A 7, 1975 Hildebrandt FIG. 2 is a top plan view thereof;
4,161,818 A 7/1979 Phelps FIG. 3 is a front elevation view thereof;
D277,452 S * 2/1985 Ulvtorp ............................ D8/99 FIG. 4 is a right elevation view thereof;
5,511,310 A * 4, 1996 Sessions et al. . ... 30, 161 FIG. 5 is a left elevation view thereof;
D385.471 S * 10/1997 Seber et al. ...................... D8/99
5,689,889 A 11, 1997 Overholt FIG. 6 is a rear elevation view thereof;
D392,539 S * 3/1998 Balolia ............................ D8/99 FIG. 7 is a bottom plan view thereof; and,
D393.405 S * 4, 1998 Seber et al. ...................... D8/99 FIG. 8 is a perspective view thereof, wherein a removable
6,058,611 A 5, 2000 Rickard blade has been removed from a blade carrier.
6,263,581 B1* 7/2001 Forte ............................... 30,332
6,397.476 B1* 6/2002 Onion ............................. 30,160 The broken lines in FIGS. 2, 4, and 8 are directed to portions
6,574,868 B1 6, 2003 Overholt of the knife that form no part of the claim.
D567,055 S * 4/2008 Renzi et al. ...................... D8/99
D592,033 S 5, 2009 Bloch 1 Claim, 4 Drawing Sheets
Case 1:19-cv-00906 Document 1-3 Filed 03/27/19 USDC Colorado Page 3 of 6

U.S. Patent May 5, 2015 Sheet 1 of 4 USD728,339 S

FG.1
Case 1:19-cv-00906 Document 1-3 Filed 03/27/19 USDC Colorado Page 4 of 6

U.S. Patent May 5, 2015 Sheet 2 of 4 USD728,339 S


Case 1:19-cv-00906 Document 1-3 Filed 03/27/19 USDC Colorado Page 5 of 6

U.S. Patent May 5, 2015 Sheet 3 of 4 USD728,339 S


Case 1:19-cv-00906 Document 1-3 Filed 03/27/19 USDC Colorado Page 6 of 6

U.S. Patent May 5, 2015 Sheet 4 of 4 USD728,339 S

s
Case 1:19-cv-00906 Document 1-4 Filed 03/27/19 USDC Colorado Page 1 of 2

EXHIBIT 3
Document 1-4 Filed 03/27/19 USDC C
Case 1:19-cv-00906 Document 1-5 Filed 03/27/19 USDC Colorado Page 1 of 5

EXHIBIT 4
Case 1:19-cv-00906 Document 1-5 Filed 03/27/19 USDC Colorado Page 2 of 5
3/26/2019 MOSSY OAK Folding Hand Saw and EDC Razor Folding Knife with 2 Replaceable Blades Combo Kit Multi-Purpose for Tree Pruning, Ca…

Skip to main content

All mossy oak folding knife

Deliver to Troy EN Hello, Troy 0


Castle Rock 80104 Buy Again Browsing History Account & Lists Orders Prime Cart

‹ Back to results

MOSSY OAK Folding Hand


$15.99
Saw and EDC Razor
Folding Knife with 2
FREE Delivery Thursday
Replaceable Blades if you order within 12 hrs 19 mins.
Combo Kit Multi-Purpose Details
for Tree Pruning, In Stock.
Camping, Hunting
Qty: 1
by Mossy Oak
31 customer reviews
| 18 answered questions
Add to Cart
Price: $15.99
Buy Now
Get $70 off instantly: Pay $0.00 upon
approval. Also, Earn 5% Back Every Day
Sold by GreatStar Tools and
with the Amazon Prime Rewards Visa
Fulfilled by Amazon. Gift-wrap
Card.
available.
Color: Handsaw and EDC Folding Knife

$16.99 $15.99 Deliver to Troy - 


Castle Rock 80104

✅ 1 PC FOLDING HAND SAW: Add to List


Featuring with back lock secure locking
mechanism helps prevent the blade
Add to your Dash Buttons
from accident falling during use.
Overall Length 11.5-inch; 65MN Blade
Roll over image to zoom in Share
Length 5.5-inch
✅ 1 PC FOLDING KNIFE & 2
REPLACEABLE BLADES: Quick-change Have one to sell? Sell on Amazon
mechanism allow change of blades
without tools. 2 extra replaceable
blades in packaging for replacement.
Folding knife featuring with belt clip
leads to convenient carry every day
with easy access. Overall Length 8-
inch; 420J2 Stainless Steel Blade 3.5-
inch
✅ NYLON SHEATH WITH GUARD:
Nylon dual carry sheath with button
snap pocket for easy and safe carry for
all tool, make it handy when you need
it
✅ DURABLE PLASTIC HANDLE:
Economic and durable slip-resistant
comfort grip handle featuring with
green color rubber coated design
ensures non-slip during use
✅ APPLICABLE OCCASIONS: Multiple
uses for indoors and outdoors, ideal for
fishermen, gardener and hunters
› See more product details

Compare with similar items

https://www.amazon.com/MOSSY-OAK-Folding-Replaceable-Multi-Purpose/dp/B077YYDLKF/ref=sr_1_9?keywords=mossy+oak+folding+knife&qid=1… 1/8
Case 1:19-cv-00906 Document 1-5 Filed 03/27/19 USDC Colorado Page 3 of 5
3/26/2019 MOSSY OAK Folding Hand Saw and EDC Razor Folding Knife with 2 Replaceable Blades Combo Kit Multi-Purpose for Tree Pruning, Ca…
New (1) from $15.99

Report incorrect product information.

Save on AmazonBasics and


SupplyMaster Safety Gear

SupplyMaster AmazonBasics AmazonBasics


Disposable Blue Light Noise
Exam Nitrile Blocking Reduction
Gloves, 400 Safety Safety
pk $24.30 Glasses, 12pk Earmuffs
$54.99 $11.96

Sponsored products related to this item Page 1 of 24

Jardineer Folding Hand SHANGPEIXUAN Butcher Dead Down Wind Trophy SOG Folding Shovel “Elite SUIZAN Japanese Pull Saw F
Saw with D-Shaped Safety Hand Meat Saw 25'' Bone Hunter Kit – Scent E Tool” Folding Camping Hand Saw 9-1/2" Ryoba H
Handle, Light-Weight & Saws Stainless Steel Blade Elimination for Hunting Shovel, Survival Shovel, (Double Edge) for C
Portable Pru... Hacksaw,Mag... Gear, 10 Piece Val... Tactical... Woodworking w
4 2 99 48 194
$14.58 $38.79 $22.29 $59.00 $35.99 $
Ad feedback

Selected Items

Kasa Smart WiFi Light Battery Tester, Gorilla 6770002 Micro NNDA CO Universal Rechargeable 3.65V
Bulb, Dimmable by TP-Link VTECHOLOGY Model BT- Precise Super Glue 1 Pack Adjustable Gooseneck Cup Lithium-Ion Battery
– No Hub Required, Works 168 Battery Checker for Clear Holder Cradle Car Mount Compatible with Ring
with Alexa & Google… AA AAA C D 9V 1.5V… 5 For Phone iPhone LG Video Doorbell 2 and…
2,087 26 $5.99 32 50
$19.99 $4.99 $12.99 $35.99

What other items do customers buy after viewing this item?

https://www.amazon.com/MOSSY-OAK-Folding-Replaceable-Multi-Purpose/dp/B077YYDLKF/ref=sr_1_9?keywords=mossy+oak+folding+knife&qid=1… 2/8
Case 1:19-cv-00906 Document 1-5 Filed 03/27/19 USDC Colorado Page 4 of 5
3/26/2019 MOSSY OAK Folding Hand Saw and EDC Razor Folding Knife with 2 Replaceable Blades Combo Kit Multi-Purpose for Tree Pruning, Ca…
Bahco 396-LAP Laplander Folding Saw, 7-1/2 -Inch Blade, 7 TPI
2,361
$21.90

EverSaw Folding Hand Saw All-Purpose, Wood, Bone, PVC. Best for Tree Pruning, Camping,
Hunting, Toolbox. Rugged 8" Blade, Solid Grip - Quality Made for Real Work
655
$15.48

Primos Hunting 6018 Folding Saw


196
$15.29

Special offers and product promotions


Color: Handsaw and EDC Folding Knife

Receive 1 of these free when you purchase 1 or more Qualifying items offered by GreatStar Tools. Here's how (restrictions apply)
Your cost could be $0.00 instead of $15.99! Get a $70 Amazon.com Gift Card instantly upon approval for the Amazon Prime
Rewards Visa Card Apply now

Have a question?
Find answers in product info, Q&As, reviews

Compare with similar items

This item MOSSY OAK Folding Fiskars 390470-1002 Power Gerber Exchange-a-Blade Saw Gerber Vital Pack Saw [31-
Hand Saw and EDC Razor Tooth Soft Grip Folding Saw, [46036] 002741]
Folding Knife with 2 10-Inch
Replaceable Blades Combo Kit
Multi-Purpose for Tree
Pruning, Camping, Hunting

Add to Cart Add to Cart Add to Cart Add to Cart

Customer Rating (31) (93) (147) (138)

Price $1599 $1997 $1656 $1676


Shipping

Sold By GreatStar Tools Amazon.com Amazon.com Amazon.com

Item Dimensions — 4.88 x 1.25 x 14.75 in — 9.5 x 5.5 x 1.25 in

Product description
Color:Handsaw and EDC Folding Knife

Mossy Oak Folding Hand Saw and EDC Razor Folding Knife with 2 Replaceable Blade Combo Kit

https://www.amazon.com/MOSSY-OAK-Folding-Replaceable-Multi-Purpose/dp/B077YYDLKF/ref=sr_1_9?keywords=mossy+oak+folding+knife&qid=1… 3/8
Case 1:19-cv-00906 Document 1-5 Filed 03/27/19 USDC Colorado Page 5 of 5
3/26/2019 MOSSY OAK Folding Hand Saw and EDC Razor Folding Knife with 2 Replaceable Blades Combo Kit Multi-Purpose for Tree Pruning, Ca…
Practical Little Combo, for All Purpose Work

Ideal for cutting both green and dry wood, plastic, bone, etc. Specially designed for wild-life enthusiasts, hunters and campers. 

For Folding Hand Saw

Razor Sharp Teeth - hardened to stay sharp for smooth, remain stable during strong pulls resulting in accurate cuts for fast sawing
Ergonomically Designed Handle - durable plastic handle with green rubber-coated surface offers enhanced non-slip grip. Also performs as a scabbard. 
Gear Style Lock -  Lock-in blade for safety, won't collapse or snap while cutting or closing, keep it from flopping around when not in use
Tough Carbon Steel Blade - Specially coated surface for rust protection and low friction, also enables it stay sharp while still offering light flexibility

For Folding Pocket Knife

Sharp Drop Point Blade - made of premium stainless steel, 3CR13, with specially coated surface for rust protection
Secure Side Lock System - keep the blade fixed in place, prevent is from falling accidentally in use or flopping around after use
Quick Change Blade Mechanism - simply press the quick change button to release used blade (two extra blades included)
Manual Opening Design - quick opening mechanism allows one-handed opening using thumb stud, easy to fold 

Package includes

Folding hand saw

Folding pocket knife

2 extra blades

Nylon Sheath with belt loop

Product information
Color:Handsaw and EDC Folding Knife

Technical Details Additional Information

Part Number MO17030 ASIN B077YYDLKF

Item Weight 12.8 ounces Customer Reviews 31 customer


reviews
Package Dimensions 10.1 x 4 x 1.4 inches 4.3 out of 5 stars

Color Handsaw and EDC Folding Knife Best Sellers Rank #94,862 in Tools & Home
Improvement (See top 100)
Material Stainless Steel #128 in Handsaws

Batteries Included? No Shipping Weight 12.8 ounces (View shipping rates


and policies)
Batteries Required? No
Date First Available December 6, 2017

Warranty & Support

Product Warranty: For warranty information about this product, please click
here

Feedback

If you are a seller for this product, would you like to suggest updates through
seller support?
Would you like to tell us about a lower price?
Related Video Shorts (0) Upload your video

Be the first video


Your name here

https://www.amazon.com/MOSSY-OAK-Folding-Replaceable-Multi-Purpose/dp/B077YYDLKF/ref=sr_1_9?keywords=mossy+oak+folding+knife&qid=1… 4/8
Case 1:19-cv-00906 Document 1-6 Filed 03/27/19 USDC Colorado Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
District
__________ of Colorado
District of __________

)
)
)
OUTDOOR EDGE CUTLERY CORPORATION )
Plaintiff(s) )
)
v. Civil Action No. 1:19-cv-906
)
)
)
)
GREAT STAR INDUSTRIAL USA, LLC )
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Great Star Industrial USA, LLC
9836-A Northcross Center Court
Huntersville, North Carolina 28078

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 plaintiff’s attorney,
whose name and address are: Ian R. Walsworth
Lewis Brisbois Bisgaard & Smith LLP
1700 Lincoln Street, Suite 4000
Denver, CO 80203
(303) 861-7760
ian.walsworth@lewisbrisbois.com

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
Case 1:19-cv-00906 Document 1-6 Filed 03/27/19 USDC Colorado Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:19-cv-906

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) .

 I personally served the summons on the individual at (place)


on (date) ; or

 I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

 I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

 I returned the summons unexecuted because ; or

 Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc: