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Pro Performance Sports v. Russell Brands et. al.

Pro Performance Sports v. Russell Brands et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00486-JAH-KSC: Pro Performance Sports, LLC v. Russell Brands LLC et. al. Filed in U.S. District Court for the Southern District of California, the Hon. John A. Houston presiding. See http://news.priorsmart.com/-l7La for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00486-JAH-KSC: Pro Performance Sports, LLC v. Russell Brands LLC et. al. Filed in U.S. District Court for the Southern District of California, the Hon. John A. Houston presiding. See http://news.priorsmart.com/-l7La for more info.

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Published by: PriorSmart on Feb 28, 2013
Copyright:Public Domain

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08/16/2013

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________
Complaint
Grant Kinsel, Bar No. 172407 gkinsel@perkinscoie.comMichael Song, Bar No. 243675msong@perkinscoie.com
Perkins Coie LLP
1888 Century Park East, Suite 1700Los Angeles, CA 90067-1721Telephone: 310.788.9900Facsimile 310.788.3399 Attorneys for
 
Pro PerformanceSports, LLC
UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF CALIFORNIA 
Pro Performance Sports, LLC
 Plaintiff,
v.
Russell Brands LLC; SpaldingHoldings LLC
 
 Defendants
.
Case No. ____________ 
Complaint for patentinfringement; jury trialdemand
 
'13
CV0486
KSC
JAH
 
 
123456891011121314151617 18192021222324
_________
Complaint
1
Pro Performance Sports, LLC alleges:
JURISDICTION AND VENUE
1. This is an action for patent infringement under Title 35 of theUnited States Code. The Court has federal-question jurisdiction under 28U.S.C § 1331, and exclusive original jurisdiction under 28 U.S.C. §1338(a).2. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and1400 (a).
PARTIES
3. Pro Performance is a limited-liability corporation organizedand existing under the laws of the State of California with its principalplace of business in Carlsbad, California. Pro Performance is a leadingprovider of sports training aids and sports-related products.4. Pro Performance is informed and believes and thereon allegesthat Defendant Russell Brands LLC is a Delaware entity with its principalplace of business in Kentucky. Pro Performance is further informed and believes and thereon alleges that Defendant Spalding Holdings LLC is a Kentucky limited-liability company with its principal place of business inKentucky. Russell and Spalding are collectively referred to as “Russell.
FIRST CLAIM FOR RELIEF
 Infringement of U.S. Patent No. 8,371,965 
5. Pro Performance incorporates paragraphs 1 through 4, above.6. U.S. Patent No. 8,371,965 (the “’965 patent”), entitledMiniature Door-Mounted Basketball Hoop, issued on February 12, 2013.
 
 
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_________
Complaint
2
Pro Performance owns all right and title to the 965 patent. A true andcorrect copy of the ’965 patent is attached as Exhibit “1.7. Pro Performance is informed and believes and thereon allegesthat Russell has infringed, and will continue to infringe, one or moreclaims of the ’965 patent by making, using, selling, or offering to sell inthis country (including in this judicial district), infringing miniature door-mounted basketball hoops. Examples of infringing miniature door-mounted basketball hoops, include but are not limited to, Russell’s NBA Slam Jam model 56098 sold through, at least, Target Stores in this andother judicial districts.8. Pro Performance has been, and will continue to be, damaged by Russell’s infringement of the ’965 patent, and has been, and will beirreparably harmed unless Russell’s infringement is enjoined.
PRAYER FOR RELIEF
Pro Performance requests the following relief: A. A judgment that Russell infringes the ’965 patent;B. A preliminary and permanent injunction enjoining andrestraining Russell and its officers, agents, attorneys, and employees, andthose acting in privity or concert with them from infringing the ’965patent for its full term;C. An award of damages to Pro Performance including pre- judgment and post-judgment interest in an amount adequate tocompensate Pro Performance for Russell’s infringement of the ’965 patent,

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