1 X-PATENTS, APC JONATHAN HANGARTNER, Cal. Bar No. 196268 2 5670 La Jolla Blvd.

3 La Jolla, CA 92037 Telephone: 858-454-4313 4 Facsimile: 858-454-4314 jon@x-patents.com 5 6 Attorneys for Plaintiff SureFire, LLC 7 8 9 10 11 12 13 14 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

SUREFIRE, LLC, a California company, Plaintiff, v.

Case No.

'12CV0122 LAB MDD

COMPLAINT JURY TRIAL DEMANDED

4SEVENS, LLC, a Georgia limited liability company; OLIGHT 16 TECHNOLOGY COMPANY, LTD., a company located in the Peoples 17 Republic of China,
18 19 20 21 22 23 24 25 26 27 28 1

Defendants.

Plaintiff SureFire, LLC (SureFire) for its Complaint avers as follows: PARTIES 1. Plaintiff SureFire is a limited liability company organized and existing under the laws of the State of California, with its principal place of business in Fountain Valley, California. 2. Defendant 4Sevens, LLC (4Sevens), is a Georgia limited liability company with its principal place of business at 5117 S. Royal Atlanta Drive, Tucker, Georgia 30084.

Complaint

3. Defendant Olight Technology Company, Ltd. (Olight), is a company with a

2 place of business at 6 Floor, XinZhongTai Business Building, Bao'an Avenue, Gushu, 3 Bao'an District, Shenzhen Guangdong Province 518126, China. 4 5 JURISDICTION AND VENUE 4. This is a civil action for patent infringement arising under the patent laws of the

6 United States of America, 35 U.S.C. 1, et seq. 7 5. This Court has jurisdiction over the subject matter of the Complaint pursuant to

8 28 U.S.C. 1331 & 1338. 9 6. This Court has personal jurisdiction over defendants because, on information

10 and belief, defendants import and/or purposefully ship the infringing products through 11 established distribution channels into and throughout the State of California. 12 13 14 8. 7. Venue is proper under 28 U.S.C. 1391(b) and (c) and 1400(b). BACKGROUND SureFire manufactures, markets, and sells a complete line of extremely high-

15 quality flashlights and related products. 16 9. On April 24, 2001, United States Patent No. 6,222,138 (the 138 patent), on

17 an invention entitled Battery Operated Appliance, Flashlight and Switching Systems 18 Technical Field was duly and legally issued by the United States Patent and Trademark 19 Office. 20 10. On March 4, 2008, United States Patent No. RE40,125 (the 125 patent), on

21 an invention entitled Battery Operated Appliance, Flashlight and Switching Systems was 22 duly and legally issued by the United States Patent and Trademark Office as a reissue of 23 the 138 patent. A true and correct copy of the 125 patent is attached as Exhibit A of this 24 Complaint. 25 11. The 138 patent was in force and effect from its issuance until its surrender

26 upon issuance of the 125 patent, and the 125 patent has been in force and effect since its 27 28 -2Complaint

1 issuance. SureFire has been at all times, and still is, the owner of the entire right, title and 2 interest in and to both the 138 and 125 patents. 3 12. On May 25, 2010, United States Patent No. 7,722,209 (the 209 patent), on

4 an invention entitled Flashlight with Selectable Output Level Switching was duly and 5 legally issued by the United States Patent and Trademark Office. A true and correct copy 6 of the 209 patent is attached as Exhibit B of this Complaint. 7 13. The 209 patent has been in force and effect since its issuance. SureFire has

8 been at all times, and still is, the owner of the entire right, title and interest in and to the 9 209 patent. 10 14. 4Sevens sells throughout the United States various flashlights under its

11 4Sevens brand, including without limitation its Quark 1232 and Maelstrom X7 flashlights. 12 4Sevens also sells throughout the United States various flashlights under the Olight brand, 13 including without limitation the M20 Warrior flashlight. 14 15. On information and belief, Olight imports and sells throughout the United

15 States various flashlights under its Olight brand, including without limitation the M20 16 Warrior flashlight. 17 18 19 16. COUNT I (INFRINGEMENT OF THE 125 PATENT) SureFire realleges and incorporates the previous paragraphs of this

20 Complaint as though set forth in full herein. 21 17. 4Sevens and Olight have used, manufactured, offered for sale, sold and/or

22 caused to be imported into the United States products which literally and under the 23 doctrine of equivalents infringe one or more claims of the 125 patent in violation of 35 24 U.S.C. 271. 25 18. SureFire has been damaged and has suffered irreparable injury due to acts of

26 infringement by 4Sevens and Olight, and will continue to suffer irreparable injury unless 27 4Sevens and Olights activities are enjoined. 28 -3Complaint

19.

SureFire has suffered and will continue to suffer substantial damages by

2 reason of defendants acts of patent infringement alleged above, and SureFire is entitled to 3 recover from defendants the damages sustained as a result of defendants acts. 4 20. 4Sevens and Olight have willfully and deliberately infringed the 125 patent

5 in disregard of SureFires rights. 6 7 8 9 21. COUNT II (INFRINGEMENT OF THE 209 PATENT) SureFire realleges and incorporates the previous paragraphs of this

10 Complaint as though set forth in full herein. 11 22. 4Sevens and Olight have used, manufactured, offered for sale, sold and/or

12 caused to be imported into the United States products which literally and under the 13 doctrine of equivalents infringe one or more claims of the 209 patent in violation of 35 14 U.S.C. 271. 15 23. SureFire has been damaged and has suffered irreparable injury due to acts of

16 infringement by 4Sevens and Olight and will continue to suffer irreparable injury unless 17 4Sevens and Olights activities are enjoined. 18 24. SureFire has suffered and will continue to suffer substantial damages by

19 reason of defendants acts of patent infringement alleged above, and SureFire is entitled to 20 recover from defenants the damages sustained as a result of defenants acts. 21 25. 4Sevens and Olight have willfully and deliberately infringed the 209 patent

22 in disregard of SureFires rights. 23 24 25 PRAYER FOR RELIEF WHEREFORE, SureFire prays that judgment be entered by this Court in its favor

26 and against defendants as follows: 27 28 -4Complaint

A.

That defendants have infringed the 125 patent;

1 2

B. C.

That defendants have infringed the 209 patent; Permanently enjoining and restraining defendants, their agents, affiliates,

3 subsidiaries, servants, employees, officers, directors, attorneys and those persons in active 4 concert with or controlled by defendants from further infringing the 125 patent or the 209 5 patent; 6 7 D. E. That defendants acts of infringement were willful; For an award of damages adequate to compensate SureFire for the damages

8 it has suffered as a result of defendants conduct, including pre-judgment interest and a 9 trebling of such damages due to defendants willful infringement; 10 F. That defendants be directed to withdraw from distribution all infringing

11 products, whether in the possession of defendants or their distributors or retailers, and that 12 all infringing products or materials be impounded or destroyed; 13 14 G. H. For monetary damages in an amount according to proof; For interest on said damages at the legal rate from and after the date such

15 damages were incurred; 16 I. That this is an exceptional case and for an award of SureFires attorney fees

17 and costs; 18 19 20 21 22 Dated: January 17, 2012 23 24 25 26 27 28 -5Complaint

J.

For such other relief as the Court may deem just and proper. DEMAND FOR JURY TRIAL Plaintiff SureFire hereby demands a jury trial as to all issues that are so triable.

X-PATENTS, APC

By:

/s/Jonathan Hangartner JONATHAN HANGARTNER Attorneys for Plaintiff SureFire, LLC

2JS 44 (Rev. 12/07)

CIVIL COVER SHEET

DEFENDANTS

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 THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS SUREFIRE, LLC (b) County of Residence of First Listed Plaintiff

4SEVENS, LLC and OLIGHT TECHNOLOGY COMPANY LTD. Orange

County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. (EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

X-Patents, APC, 5670 La Jolla Blvd., La Jolla, CA 92037

II. BASIS OF JURISDICTION
u 1
U.S. Government Plaintiff (Place an X in One Box Only)

'12CV0122 LAB MDD

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff
(For Diversity Cases Only) PTF u 1 Citizen of This State Citizen of Another State DEF u 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation

u 3 Federal Question (U.S. Government Not a Party) u 4 Diversity

(Indicate Citizenship of Parties in Item III)

u 2

U.S. Government Defendant

u 2 u 3

u u

u 5 u 6

u 5 u 6

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT

CONTRACT

(Place an X in One Box Only) TORTS 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 CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY u 362 Personal Injury Med. Malpractice u 365 Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS u 510 Motions to Vacate Sentence Habeas Corpus: u 530 General u 535 Death Penalty u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

u u u u u u u u u u u u u u u u u u

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 (Excl. 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

u u u u u u u u u u u u u u u u

u 610 Agriculture u 620 Other Food & Drug u 625 Drug Related Seizure of Property 21 USC 881 u 630 Liquor Laws u 640 R.R. & Truck u 650 Airline Regs. u 660 Occupational Safety/Health u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Mgmt. Relations u 730 Labor/Mgmt.Reporting & Disclosure Act u 740 Railway Labor Act u 790 Other Labor Litigation u 791 Empl. Ret. Inc. Security Act
IMMIGRATION u 462 Naturalization Application u 463 Habeas Corpus Alien Detainee u 465 Other Immigration Actions

u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157

PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 840 Trademark

u u u u u u u u u u u u u u u u u u u

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRSThird Party 26 USC 7609

u u u u u

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 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

V. ORIGIN

u 1 Original Proceeding

u 2 Removed from
State Court

(Place an X in One Box Only)

Appeal to District Appellate Court

u 3 Remanded from

u 4 Reinstated or u 5 Transferred from u 6 Multidistrict another district Reopened Litigation (specify)

u 7 Judge from Magistrate

Judgment

35 U.S.C. Section 1, et seq. VI. CAUSE OF ACTION Brief description of cause: Patent infringement case u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

DEMAND $

CHECK YES only if demanded in complaint: Yes u u No JURY DEMAND: DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

01/17/2012
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/Jonathan Hangartner

APPLYING IFP

JUDGE

MAG. JUDGE