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Outdry Technologies v. Geox S.P.a. Et. Al.

Outdry Technologies v. Geox S.P.a. Et. Al.

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Published by PatentBlast
Outdry Technologies v. Geox S.P.A. et. al.
Outdry Technologies v. Geox S.P.A. et. al.

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Published by: PatentBlast on Aug 16, 2013
Copyright:Attribution Non-commercial

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09/17/2013

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Randy Lipsitz, Esq. (RL-1526)Matthew Olinzock, Esq. (M0-3111)KRAMER LEVIN NAFTALIS & FRANKEL LLP1177 Avenue of the AmericasNew York, NY 10036Telephone: 212.715.9100Facsimile: 212.715.8000David W. Axelrod, Esq.,
pro hac vice to be filed
Devon Zastrow Newman, Esq.,
pro hac vice to be filed
SCHWABE, WILLIAMSON & WYATT, P.C.
1211 S.W. 5
th
Avenue, Suite 1600Portland, OR 97204Telephone: 503.222.9981Facsimile: 503.796.2900
Attorneys for Plaintiff
OutThy Technologies Corporation
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK
OUTDRY TECHNOLOGIESCORPORATION,
Civil Action No.Plaintiff,
V.
GEOX S.p.A.;
S & A DISTRIBUTION, INC.; and S & A :
RETAIL, INC.,
DEMAND FOR JURY TRIAL
Defendants.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff OutDry Technologies Corporation ("OutDry") brings this Complaint for patentinfringement against Defendants Geox S.p.A., S & A Distribution, Inc., and S & A Retail, Inc.(collectively, "the Geox Defendants") and alleges as follows:
LIPSITZ/K13
2937893.1
067238/00002KL3 2936873.1
Case 1:13-cv-05542-AT Document 1 Filed 08/08/13 Page 1 of 11
 
I.
ATURE OF THE ACTION
1.
This is an action for patent infringement arising under the patent laws of the
United States, including 35 U.S.C. §§ 271 and 281-285.
2.
This lawsuit pertains to the Geox Defendants' infringement of U.S. PatentNo. 6,855,171 the ("'171 Patent"), entitled "PROCESS FOR WATERPROOFING LEATHER
AND LEATHER OBTAINED BY MEANS OF SAID PROCESS."
3.
OutDry seeks injunctive and monetary relief against the Geox Defendants forinfringement of the '171 Patent.
H. THE PARTIES
4.
Plaintiff OutDry Technologies Corporation is a corporation organized and
existing under the laws of the state of Oregon, with its principal place of business at 14375 NWScience Park Drive, Portland, OR 97229. OutDry licenses its technology to companies that
design, manufacture, import and market footwear, apparel, and outdoor equipment featuring itsrevolutionary waterproofing process covered by the '171 Patent in the United States and bycorresponding patents in Italy, Germany, Spain, France, Great Britain, Portugal, and China.OutDry is a wholly owned subsidiary of Columbia Sportswear Company, also an Oregon
corporation.
5.
Defendant Geox S.p.A. is an Italian corporation having a principal place ofbusiness at Via Feltrina Centro, 16
-
31044 Biadene di Montebelluna, Treviso, Italy.
Upon
information and belief, Geox S.p.A is a subsidiary of Italian company LIR S.r.l.
Upon
information and belief, Geox S.p.A. designs, markets and sells footwear and apparel.
6.
Defendant S & A Distribution, Inc. is a Delaware corporation with its principal
place of business located at 29 W 34
th
Street, 3
Td
Floor, New York, NY 10001-3069. Upon
information and belief, S&A Distribution, Inc. is a subsidiary of Geox Holland, BV, itself asubsidiary of Geox S.p.A.
7.
Defendant S & A Retail, Inc. is a Delaware corporation with its principal place ofbusiness located at 29 W 34
th
Street, 3
rd
Floor, New York, NY 10001-3069. Upon information
-
2
-
LIPS1TVKL3 237893 1 0672/00002
Case 1:13-cv-05542-AT Document 1 Filed 08/08/13 Page 2 of 11
 
and belief, S & A Retail, Inc. is a wholly-owned subsidiary of S & A Distribution, Inc.
8.
Upon information and belief, the Geox Defendants together comprise andestablish a distribution network that manufactures the infringing Amphibiox-branded footweardescribed below in foreign countries and markets the products through this distribution network
in the United States.
III. JURISDICTION AND VENUE
9.
This action arises under the Patent Laws of the United States, 35 U.S.C. §
101
et
seq., including 35 U.S.C. § 271. This Court has subject matter jurisdiction over this matter
pursuant to 28 U.S.C. §§ 1331, and 1338(a).10.
This Court has personal jurisdiction over S & A Distribution, Inc. because S & ADistribution, Inc. has systematic and ongoing contact with this judicial district by virtue of itslocation of its principal place of business in this district.
11.
This Court has personal jurisdiction over S & A Retail, Inc. because S & A Retail,Inc. has systematic and ongoing contact with this judicial district by virtue of its location of its
principal place of business in this district.12.
This Court has personal jurisdiction over Geox S.p.A. by virtue of Geox S.p.A.'scomplete control over the acts of infringement by S & A Distribution, Inc. and S & A Retail, Inc.within this judicial district and by reason of its creation and use of an established distributionnetwork to market its infringing products in the United States.
13.
This Court also has personal jurisdiction over the Geox Defendants because, oninformation and belief, the Geox Defendants have purposefully directed activities at residents ofthis district by selling products that infringe the '171 Patent through at least one retail store inthis district. The Geox Defendants have also sold infringing products to customers in the United
States through retail stores elsewhere in the United States and through online sites operated by
these defendants, including www.shopgeox.com. ClutDry's claim for infringement of the '171Patent arises out of the Geox Defendants' sales of these infringing products.
14.
Venue is proper in this judicial district with regard to alien company Geox S.p.A.
- 3 -
LIPSITZIKU 2937893.1 067238/09002
Case 1:13-cv-05542-AT Document 1 Filed 08/08/13 Page 3 of 11

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