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180s et. al. v. Costco Wholesale et. al.

180s et. al. v. Costco Wholesale et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: 180s, Inc. et. al. v. Costco Wholesale Corporation et. al. Filed in U.S. District Court for the District of Maryland, no judge yet assigned. See http://news.priorsmart.com/-l9pU for more info.
Official Complaint for Patent Infringement in Civil Action No. None: 180s, Inc. et. al. v. Costco Wholesale Corporation et. al. Filed in U.S. District Court for the District of Maryland, no judge yet assigned. See http://news.priorsmart.com/-l9pU for more info.

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Published by: PriorSmart on Nov 01, 2013
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03/03/2014

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UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND (BALTIMORE DIVISION)
180s, Inc., 700 South Caroline Street Baltimore, Maryland 21231,
a Delaware Corporation,
) ) ) ) Plaintiff, ) ) Civil Action No. 13-cv-3239 and ) ) 180s, LLC, 700 South Caroline Street Baltimore, Maryland 21231,
a Maryland Limited Liability Company,
) ) ) )
C
OMPLAINT
Plaintiff, ) v. ) ) ) Costco Wholesale Corporation 999 Lake Dr. Issaquah, Washington 98027,
a Delaware Corporation,
) ) ) )
D
EMAND FOR
J
URY
T
RIAL
 
Defendant, ) ) SM Global, LLC 924 N. Beverly Dr. Beverly Hills, California 90210
a California Limited Liability Company,
Defendant. ) ) ) ) )  __________________________________________) Plaintiffs 180s, Inc. and 180s, LLC (collectively “180s” or “Plaintiffs”) allege as follows:
THE PARTIES
1.
 
180s, Inc. is a corporation organized under the laws of the State of Delaware, having its  principal place of business at 700 South Caroline Street, Baltimore, Maryland 21231. 180s, Inc. owns
 
 
2.
 
all right, title, and interest in the intellectual property that is the subject matter of this suit. 180s, LLC is a limited liability company organized under the laws of the State of Maryland, having its principal place of business at 700 South Caroline Street, Baltimore, Maryland 21231. 180s, LLC is a wholly-owned subsidiary of 180s, Inc. and the exclusive licensee of the intellectual property that is the subject matter of this suit. 2.
 
Defendant Costco Wholesale Corporation (“Costco”), on information and belief, is a corporation organized under the laws of the State of Delaware having its principal place of business at 999 Lake Dr., Issaquah, Washington 98027. Costco is a national membership-only warehouse chain with hundreds of Costco store locations throughout the country. 3.
 
Defendant SM Global, LLC (“SM Global”), on information and belief, is a limited liability company organized under the laws of the State of California having its principal place of  business at 924 N. Beverly Dr., Beverly Hills, California 90210. On information and belief, SM Global is in the business of purchasing, importing, and distributing miscellaneous, low-cost retail goods.
JURISDICTION AND VENUE
 4.
 
This is a civil action for patent infringement arising under the United States patent statutes, Title 35, United States Code, §§ 1
et seq
. 5.
 
This Court has jurisdiction of the subject matter of this action under Title 28, United States Code, §§ 1331 and 1338(a). 6.
 
This Court has personal jurisdiction over Costco because Costco is doing and has done substantial business in this judicial district and has committed acts of infringement, and other acts complained of herein, in this judicial district. According to its website (www.costco.com), Costco operates at least ten stores in the State of Maryland.
 
 
3.
 
7.
 
This Court has personal jurisdiction over SM Global at least because, on information and  belief: (i) SM Global placed or caused to be placed infringing ear warmer products into the stream of commerce through an established distribution channel, specifically, by distributing infringing products to Costco for re-sale at Costco’s retail stores, which products have subsequently been offered for sale, sold, and/or used within the District of Maryland; and (ii) SM Global has contracted to supply infringing  products and/or transacted business related to those products in the District of Maryland within the meaning of Section 6-103 of the Maryland Code. 8.
 
Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b)-(c) and 1400(b) because Defendants have committed acts of infringement and do business in this District.
BACKGROUND
9.
 
180s designs, manufactures and sells innovative performance wear, including ear warmers, gloves, and glasses. 180s was founded in 1994 by Brian E. Le Gette and Ronald L. Wilson, II, two University of Pennsylvania Wharton Business School students, who invented and patented the first of its kind wrap-behind-the-head ear warmer. After its introduction into the marketplace in 1995, the 180s ear warmer achieved significant commercial success. 10.
 
180s’ success has been driven largely by its innovative ear warmer products, which are  protected by a significant portfolio of patents, including the patents asserted in this action. True and correct reproductions of photographs of a “180s” brand ear warmer are attached as Exhibits A and B. 11.
 
On November 10, 1998, United States Patent No. 5,835,609 (“the ‘609 Patent”), entitled “Ear Protection Device,” was duly and legally issued to Le Gette, et al. The ‘609 Patent has been assigned to 180s, Inc. A true and correct copy of the ‘609 Patent is attached as Exhibit C. 12.
 
On April 19, 2005, United States Patent No. 6,880,174 (“the ‘174 Patent”), entitled “Ear

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