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Oakley v. Hisgadget

Oakley v. Hisgadget

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-00654-BEN-BLM: Oakley, Inc. v. Hisgadget, Inc. Filed in U.S. District Court for the Southern District of California, the Hon. Roger T. Benitez presiding. See http://news.priorsmart.com/-la8E for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-00654-BEN-BLM: Oakley, Inc. v. Hisgadget, Inc. Filed in U.S. District Court for the Southern District of California, the Hon. Roger T. Benitez presiding. See http://news.priorsmart.com/-la8E for more info.

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Published by: PriorSmart on Mar 22, 2014
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03/22/2014

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COMPLAINT12345678910111213141516171819202122232425262728Michael K. Friedland (SBN 157,217) michael.friedland@knobbe.com Ali S. Razai (SBN 246,922) ali.razai@knobbe.comSamantha Y. Hsu (SBN 285,853) samantha.hsu@knobbe.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Telephone: (949) 760-0404 Facsimile: (949) 760-9502 Attorneys for Plaintiff Oakley, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA OAKLEY, INC., a Washington corporation, Plaintiff, v. HISGADGET, INC., a California corporation, Defendant. )))))))))))Civil Action No.
COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL
'14CV0654 BLMBEN
 
 -1- COMPLAINT 12345678910111213141516171819202122232425262728Plaintiff Oakley, Inc. (“Oakley”) hereby complains of Hisgadget Inc. (“Defendant”) 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 Oakley’s 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.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.Oakley is informed and believes, and thereon alleges, that Defendant Hisgadget, Inc. is a corporation organized and existing under the laws of the State of California, having its principal place of business at 33442 Western Avenue, Union City, CA 94587.
III.GENERAL ALLEGATIONS
6.Oakley has been actively engaged in the manufacture and sale of high quality eyewear since at least 1985. Oakley is the manufacturer and
 
 -2- COMPLAINT 12345678910111213141516171819202122232425262728retailer of several lines of eyewear that have enjoyed substantial success and are  protected by various intellectual property rights owned by Oakley. 7.On June 20, 2006, the United States Patent and Trademark Office duly and lawfully issued United States Design Patent No. D523,461 (“the D461 Patent”), entitled “EYEGLASS COMPONENT.” Oakley is the owner by assignment of all right, title, and interest in the D461 Patent. A true and correct copy of the D461 Patent is attached hereto as Exhibit A. 8.Defendant manufactures, uses, sells, offers for sale and/or imports into the United States eyewear that infringe Oakley’s patent rights.
IV.CLAIM FOR RELIEF
(Patent Infringement) (35 U.S.C. § 271) 9.Oakley repeats and re-alleges the allegations of paragraphs 1-8 of this Complaint as if set forth fully herein. 10.This is a claim for patent infringement under 35 U.S.C. § 271. 11.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 D461 Patent by directly and/or indirectly making, using, selling, offering for sale and/or importing eyewear that are covered by the D461 Patent, including for example, Defendant’s Esky®Sunglasses Hidden Camera. 12.Defendant’s acts of infringement of the D461 Patent were undertaken without permission or license from Oakley. Defendant had actual and/or constructive knowledge of the D461 Patent, and its actions constitute willful and intentional infringement of the D461 Patent. Defendant infringed the D461 Patent with reckless disregard of Oakley’s patent rights. Defendant knew, or it was so obvious that Defendant should have known, that its actions constituted infringement of the D461 Patent. Defendant’s acts of infringement

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