Oakley v. Seaver Company

7/31/2019 Oakley v. Seaver Company

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Michael K. Friedland (State Bar No. 157,217)[email protected] N. Conover (State Bar No. 192,358)[email protected] S. Razai (State Bar No. 246,922)[email protected]

KNOBBE, MARTENS, OLSON & BEAR, LLP2040 Main StreetFourteenth FloorIrvine, CA 92614Phone: (949) 760-0404Facsimile: (949) 760-9502

Attorneys for PlaintiffOAKLEY, INC.

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

OAKLEY, INC., a Washington corporation,

Plaintiff,

v.

SEAVER COMPANY d/b/a I-GOGSQUALITY EYEWEAR, a Minnesotacorporation.

Defendant.

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Case No.

COMPLAINT FORPATENT INFRINGEMENT

DEMAND FOR JURY TRIAL

'12 CV1280 MDDJAH

Case 3:12-cv-01280-JAH-MDD Document 1 Filed 05/25/12 Page 1 of 24


2/24-1- COMPLAINT

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Plaintiff Oakley, Inc. (Oakley) hereby complains of Defendant Seaver Company

d/b/a i-Gogs Quality Eyewear (i-Gogs) and alleges as follows:

I. JURISDICTION AND VENUE

1. This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. 1331 and 1338, as it arises under the patent laws of the United States.

2. This Court has personal jurisdiction over Defendant because Defendant has a

continuous, systematic, and substantial presence within this judicial district including by

selling and offering for sale infringing products in this judicial district, and by committing

acts of patent infringement in this judicial district, including but not limited to selling

infringing eyewear directly to consumers and/or retailers in this district and selling into the

stream of commerce knowing such products would be sold in California and this district,

which acts form a substantial part of the events or omissions giving rise to Plaintiffs claim.

3. Venue is proper in this judicial district under 28 U.S.C. 1391(b) and (c), and

28 U.S.C. 1400(b).

II. THE PARTIES

4. Plaintiff Oakley is a corporation organized and existing under the laws of the

State of Washington, having its principal place of business at One Icon, Foothill Ranch,

California 92610.

5. Plaintiff is informed and believes, and thereon alleges, that Defendant i-Gogs

is a corporation organized and existing under the laws of the state of Minnesota and has a

principal place of business at 200 Minnesota Ave., LeSeur, Minnesota 56058.

6. Plaintiff is informed and believes, and thereon alleges, that Defendant has

committed the acts alleged herein within this judicial district.

III. GENERAL ALLEGATIONS

7. Oakley has been actively engaged in the manufacture and sale of high quality

eyewear since at least 1985. Oakley is the manufacturer and retailer of several lines of

eyewear that have enjoyed substantial success and are protected by various intellectual

property rights owned by Oakley.



3/24-2- COMPLAINT

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8. On January 28, 2003, the United States Patent and Trademark Office duly and

lawfully issued United States Letters Patent No. D469,458 (the D458 patent), entitled

Eyeglass Front. Oakley is the owner by assignment of all right, title, and interest in the

D458 patent. A true and correct copy of the D458 patent is attached hereto as Exhibit A.

9. On January 26, 1999, the United States Patent and Trademark Office duly and

lawfully issued United States Letters Patent No. D404,754 (the D754), entitled Eyeglass

Front. Oakley is the owner by assignment of all right, title and interest in the D754 patent.

A true and correct copy of the D754 patent is attached hereto as Exhibit B.

10. Defendant manufactures, uses, sells, offers for sale and/or imports into the

United States eyewear that infringe Oakleys intellectual property rights.

11. Oakley has provided the public with constructive notice of its patent rights by

marking its patented eyewear and/or the packaging of such eyewear.

IV. CLAIM FOR RELIEF

(Patent Infringement)

(35 U.S.C. 271)

12. Oakley repeats and re-alleges the allegations of paragraphs 1-11 of this

complaint as if set forth fully herein.

13. Defendant, through its agents, employees and servants, has, and continues to,

knowingly, intentionally and willfully directly infringe, engage in acts of contributory

infringement, and/or induce the infringement of the D458 patent by directly and/or indirectly

making, using, selling, offering for sale and/or importing eyewear which are covered by the

claim of the D458 patent, including at least Defendants 9RM eyewear model.

14. Defendants actions constitute infringement of the D458 patent pursuant to 35

U.S.C. 271. Defendants acts of infringement of the D458 patent were undertaken without

permission or license from Oakley. Defendant had actual and/or constructive knowledge of

the D458 patent and its actions constitute willful and intentional infringement of the D458

patent.

/ / /



4/24-3- COMPLAINT

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15. Defendant, through its agents, employees and servants, has, and continues to,

knowingly, intentionally and willfully directly infringe, engage in acts of contributory

infringement, and/or induce the infringement of the D754 patent by directly and/or indirectly

making, using, selling, offering for sale and/or importing products which are covered by the

claim of the D754 patent, including at least Defendants Flames, 10RP, and TAC Polarized

eyewear models.

16. Defendants actions constitute infringement of the D754 patent pursuant to 35

U.S.C. 271. Defendants acts of infringement of the D754 patent were undertaken without

permission or license from Oakley. Defendant had actual and/or constructive knowledge of

the D754 patent and its actions constitute willful and intentional infringement of the D754

patent.

17. Oakley is informed and believes, and thereon alleges, that Defendant has

derived and received, and will continue to derive and receive, gains, profits and advantages

from the aforesaid acts of infringement in an amount that is not presently known to Oakley.

By reason of the aforesaid infringing acts, Oakley has been damaged and is entitled to

monetary relief in an amount to be determined at trial.

18. Due to the aforesaid infringing acts, Oakley has suffered and continues to

suffer great and irreparable injury, for which Oakley has no adequate remedy at law.

WHEREFORE, Oakley prays for judgment in its favor against Defendant for the

following relief:

A. An Order adjudging Defendant to have willfully infringed the D458 patent

under 35 U.S.C. 271;

B. A preliminary and permanent injunction enjoining Defendant, its respective

officers, directors, agents, servants, employees and attorneys, and those persons in active

concert or participation with Defendant, from directly or indirectly infringing the D458 patent

in violation of 35 U.S.C. 271;

/ / /

/ / /



5/24-4- COMPLAINT

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C. That Defendant account for all gains, profits, and advantages derived by

Defendants infringement of the D458 patent in violation of 35 U.S.C. 271, and that

Defendant pay to Oakley all damages suffered by Oakley and/or Defendants total profit from

such infringement;

D. An Order adjudging Defendant to have willfully infringed the D754 patent

under 35 U.S.C. 271;

E. A preliminary and permanent injunction enjoining Defendant, its respective

officers, directors, agents, servants, employees and attorneys, and those persons in active

concert or participation with Defendant, from directly or indirectly infringing the D754 patent

in violation of 35 U.S.C. 271;

F. That Defendant account for all gains, profits, and advantages derived by

Defendants infringement of the D754 patent in violation of 35 U.S.C. 271, and that

Defendant pay to Oakley all damages suffered by Oakley and/or Defendants total profit from

such infringement;

G. An Order for a trebling of damages and/or exemplary damages because of

Defendants willful conduct pursuant to 35 U.S.C. 284;

H. An Order adjudging that this is an exceptional case;

I. An award to Oakley of the attorneys fees and costs incurred by Oakley in

connection with this action pursuant to 35 U.S.C. 285;

J. An award of pre-judgment and post-judgment interest and costs of this action

against Defendant;

K. That Oakley have and recover the costs of this civil action, including

reasonable attorneys fees.

/ / /

/ / /

/ / /

/ / /

/ / /



6/24-5- COMPLAINT

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L. Such other and further relief as this Court may deem just and proper.

Respectfully submitted,

KNOBBE, MARTENS, OLSON & BEAR, LLP

Dated: May 25, 2012 By: s/Ali S. RazaiMichael K. FriedlandPaul N. ConoverAli S. Razai




7/24-6- COMPLAINT

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DEMAND FOR JURY TRIAL

Plaintiff Oakley, Inc. hereby demands a trial by jury on all issues so triable.

Respectfully submitted,

KNOBBE, MARTENS, OLSON & BEAR, LLP

Dated: May 25, 2012 By: s/Ali S. RazaiMichael K. FriedlandPaul N. ConoverAli S. Razai


13281133



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Federal Question

S 44 (Rev. 12/07) CIVIL COVER SHEETJS 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 asded 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

ose of initiating the civil docket sheet.

) PLAINTIFFS

) County of Residence of First Listed Plaintiff

(EXCEPT IN U.S. PLAINTIFF CASES)

DEFENDANTS

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.

) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

BASIS OF JURISDICTION

1Plaintiff

2

Defendant

3(U.S. Government Not a Party)

4(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES(For Diversity Cases Only)

(Place an X in One Box for Plaintiff

and One Box for Defendant)

PTF DEF PTF DEF

Citizen of This State 1 1

Citizen of Another State 2 2

Citizen or Subject of aForeign Country

3 3

Incorporated orPrincipal Place 4 4

of Business In This State

Incorporated andPrincipal Placeof Business In Another State

5 5

Foreign Nation 6 6

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: Yes No

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

CONTRACT TORTS

110 Insurance

120 Marine

130 Miller Act

140 Negotiable Instrument

150 Recovery of Overpayment

& Enforcement of Judgment151 Medicare Act

152 Recovery of DefaultedStudent Loans

153 Recovery of Overpayment

of Veteran's Benefits

160 Stockholders' Suits

190 Other Contract

195 Contract Product Liability

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 &

330 Federal Employers'

Liability

340 Marine

345 Marine Product

Liability

350 Motor Vehicle355 Motor Vehicle

Product Liability

360 Other Personal

CIVIL RIGHTS

441 Voting

442 Employment

443 Housing/

444 Welfare

440 Other Civil Rights

PRISONER PETITIONS

510Motion to VacateSentence

Habeas Corpus:

530General

535Death Penalty

540Mandamus & other

550 Civil Rights

PERSONAL INJURY

362 Personal Injury -

Med. Malpractice

365 Personal Injury -

Product Liability

368 Asbestos PersonalInjury Product

PERSONAL PROPERTY

370 Other Fraud

371 Truth in Lending

380 Other Personal

Property Damage385 Property Damage

Product Liability

FORFEITURE/PENALTY

610 Agriculture

620 Other Food & Drug

625 Drug Related Seizure

of Property 2 1 USC 88 1

630 Liquor Laws

640 R.R. & Truck

650 Airline Regs.

660 Occupational

Safety/Health

690 Other

LABOR710 Fair Labor Standards

Act

720 Labor/Mgmt. Relations

730 Labor/Mgmt. Reporting

& Disclosure Act

740 Railway Labor Act

790 Other Labor Litigation

791 Empl. Ret. Inc.Security Act

BANKRUPTCY

422 Appeal 28 USC 158

423 Withdrawal

PROPERTY RIGHTS

820 Copyrights

830 Patent

840 Trademark

SOCIAL SECURITY861 HIA (1395ff)

862 Black Lung (923)

863 DIWC/DIWW

864 SSID Title XVI

865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiffor Defendant)

871 IRS - Third Party26 USC 7609

OTHER STATUTES

400 State Reapportionment

410 Antitrust

430 Banks and Banking

Commerce

460 Deportation

470 Racketeer Influenced

and Corrupt Organizations

810 Selective Service

850 Securities/Commodities

Exchange

875 Customer Challenge

12 USC 3410

891 Agricultural Acts

892 Economic Stabilization

Act

893 Environmental Matters

894 Energy Allocation Act

895 Freedom of Information

Act

900 Appeal of Fee

Determination Under

Equal Access to Justice

950 Constitutionality of

State Statutes

890 Other Statutory Actions

I.

555Prison Condition

(Place an X in One Box Only)

CAUSE OF ACTION

REQUESTED IN

RELATED CASE(S)

28 USC 157 450

COMPLAINT:

E SIGNATURE OF ATTORNEY OF RECORD

Slander

(See instructions):

CSDJS44

Franchise196

Amer. w/Disabilities -

Amer. w/Disabilities -

Consumer Credit

Cable/Sat TV

445

446

480

490

NATURE OF SUIT (Place an X in One Box Only)

OriginalProceeding

Removed fromState Court

Remanded fromAppellate Court

Reinstated orReopened another district

Transferred from

(specify)

MultidistrictLitigation

Judge fromMagistrateJudgment

ORIGIN (Place an X in One Box Only)1 2 3 4 5 6 7

Brief description of cause:

JUDGE DOCKET NUMBER

OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Accommodations

Employment

Other

Injury

Liability

IMMIGRATION

Naturalization Application

Habcas Corpus -Alien Detainee

462

463

465 Other ImmigrationActions

Appeal to District

IF ANY

kley, Inc., a Washington corporation Seaver Company d/b/a I-Gogs QualityEyewear, a Minnesota Corporation

X

X

35 U.S.C Sec. 271

X

(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

U.S. Government

U.S. Government Diversity

(Excl. Veterans)

(405(g))

Patent Infringement

s/Ali S. Razai

ichael K. Friedland, Paul N. Conover, Ali S. Razai

nobbe Martens Olson & Bear LLP40 Main St., 14th Floor; Irvine, CA 92614lephone: (949)760-0404; Facsimile: (949) 760-9502

May 25, 2012

to be determined

'12 CV1280 MDDJAH



9/24

4 Reverse (Rev. 12/07)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44Authority 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

uired 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

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

h civil complaint filed. The attorney tiling a case should complete the form as follows:

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, usey 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,ng 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 timeling. 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,

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, notinghis section (see attachment).

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in onehe boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

ted 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.

ted States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box.

eral 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

nstitution, 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 box2 should be marked.

ersity 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

he different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark thision for each principal party.

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

ginal Proceedings. (1) Cases which originate in the United States district courts.

moved 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 tlie petitionremoval is granted, check this box.

manded &om Appellate Court. (3) Check this box for cases remanded to thedistrict court for hrther action. Use the date of remand as the lilitlg date.

nstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

nsferred 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

ation transfers.

tidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box

hecked, do not check (5) above.

peal to District Judge from Magistrate Judgment. (7) Check this box for an appeal tiom a magistrate judge's decision.

. 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.

mand. 111 this space enter the dollar amount (in thousands ofdollars) being demanded or indicate other demand sucli as a preliminary injunclion.

y Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

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

I. 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

the corresponding judge names for such cases.

e and Attorney Signature. Date and sign the civil cover sheet.

nable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select

most definitive.

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

ess diversity. Example: U.S. Civil Statute: 47 USC 553

Brief Description: Unauthorized reception of cable service



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Table of Exhibits

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TABLE OF EXHIBITS

Page #

Exhibit A....................................................................................................................................1

Exhibit B ....................................................................................................................................6



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EXHIBIT A



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EXHIBIT A

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EXHIBIT A

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EXHIBIT A

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EXHIBIT A

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EXHIBIT B



18/24EXHIBIT BPAGE 6



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EXHIBIT B

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EXHIBIT B

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EXHIBIT B

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EXHIBIT B

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EXHIBIT B

PAGE 11



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Oakley v. Seaver Company

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