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COMPLAINT 1
KENT M. WALKER (SBN 173700)
kwalker@lewiskohn.com
LEWIS KOHN & FITZWILLIAM, L.L.P.
10935 Vista Sorrento Parkway, Suite 370
San Diego, California 92130
Tel (858) 436-1330
Fax (858) 436-1349

Attorneys for Plaintiff
Safety Armor LLC


UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
Safety Armor LLC, a California limited
liability company,

Plaintiff,

v.

ReadyMax, Inc., a Delaware corporation,

Defendant.
Case No.:


COMPLAINT FOR PATENT
INFRINGEMENT

DEMAND FOR JURY TRIAL



Plaintiff Safety Armor LLC (hereinafter, "SAFETY ARMOR" or Plaintiff)
hereby complains of Defendant ReadyMax, Inc. (hereinafter "ReadyMax or
Defendant) and alleges as follows:
JURISDICTION AND VENUE
1. This is an action for patent infringement arising under the patent laws of
the United States, Title 35, United States Code, and more particularly 35 U.S.C.
271 and 281.
'14CV1429 DHB AJB
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COMPLAINT 2
2. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and
1338(a).
3. Venue is proper in this judicial district under 28 U.S.C. 1391 (b) and
(c), and 1400(b).
THE PARTIES
4. Plaintiff SAFETY ARMOR is a limited liability company organized under
the laws of the State of California with its principal place of business at 4085 Keri
Way, Fallbrook, CA 92028.
5. SAFETY ARMOR is the owner by assignment of United States Patent No.
6,340,227 (the "'227 patent") duly and lawfully issued on January 22, 2002. A copy
of the '227 patent is attached hereto as Exhibit A.
6. SAFETY ARMOR is informed and believes, and on that basis alleges, that
Defendant Ready Max, Inc. is a Delaware corporation located at Suite 200, 3132
Dwight Rd., Elk Grove, California, doing business in this judicial district, and has
committed acts of infringement in this judicial district. SAFETY ARMOR is
informed and believes, and on that basis alleges, that READYMAX is formerly
known as StreamWorks, LLC.
FIRST CLAIM FOR RELIEF
(Patent Infringement)
7. SAFETY ARMOR hereby realleges and incorporates by reference the
allegations set forth in paragraphs 1 through 6.
8. SAFETY ARMOR is informed and believes, and on that basis alleges, that
READYMAX has been and still is infringing the 227 patent under 35 U.S.C. 271
(a) by making, using, importing, selling and/or offering for safety glasses with
retractable ear plugs, including but not limited to READYMAXs PlugSafety
product (see, e.g., http://www.plugssafety.com/product.php?id=8), that are covered
by at least one claim of the 227 patent, including but not limited to at least claims 8
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COMPLAINT 3
and 11. A true and correct copy of an illustration of the PlugSafety product from
that webpage is attached as Exhibit B. SAFETY ARMOR is further informed and
believes, and on that basis alleges, that READYMAXs infringement of the 227
patent under 271 (a) will continue unless enjoined by this Court.
9. SAFETY ARMOR is informed and believes, and on that basis alleges, that
if READYMAX continues infringing the 227 patent in the manners described
above with full knowledge thereof, such infringement will be willful and deliberate
and will continue unless enjoined by this Court.
10. SAFETY ARMOR is informed and believes, and on that basis alleges,
that READYMAX derived, received, and will continue to derive and receive from
the aforesaid acts of infringement gains, profits, and advantages, tangible and
intangible, and that SAFETY ARMOR has accordingly been damaged, the extent
of which is not presently known to SAFETY ARMOR. By reason of the aforesaid
acts of infringement, SAFETY ARMOR has been, and will continue to be, greatly
and irreparably damaged.
11. SAFETY ARMOR is informed and believes, and on that basis alleges,
that READYMAXs deliberate acts in full view of the 227 patent, constitute an
exceptional case within the meaning of 35 U.S.C. 285.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for relief as follows:
A. That Defendant be adjudged to have infringed the Patents under 35
U.S.C.271(a);
B. That Defendant its subsidiaries, divisions, affiliates, officers, agents,
servants, employees and attorneys, and all those persons in active concert or
participation with it be permanently restrained and enjoined under 35 U.S.C. 283
from directly or indirectly infringing the 227 patent;
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COMPLAINT 4
C. That the Court award Plaintiff recovery of damages to compensate
Plaintiff for Defendant's infringement of the 227 patent pursuant to 35 U.S.C.284;
D. That Defendant be adjudged to have willfully infringed the 227 patent
under 35 U.S.C.271 (a) and (b), and that the Court treble the amount of actual
damages pursuant to 35 U.S.C.284;
E. That this action be adjudged an exceptional case, and that the Court award
Plaintiff its attorneys' fees incurred in connection with this action, pursuant to 35
U.S.C. 285;
F. That the court assess pre-judgment and post-judgment interest and costs of
suit against Defendant, and award such interest and costs to Plaintiff pursuant to 35
U.S.C. 284;
G. That Plaintiff have such other and further relief as this Court may deem
just and proper.



Dated: June 11, 2014 LEWIS KOHN & FITZWILLIAM, LLP
KENT M. WALKER (SBN 173700)


/s Kent M. Walker
Kent M. Walker
kwalker@lewiskohn.com

Attorneys for Plaintiff
SAFETY ARMOR, LLC



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5
COMPLAINT

Demand for Jury Trial
Plaintiff SAFETY ARMOR hereby demands a trial by jury as to all issues
triable by jury.



Dated: June 11, 2014 LEWIS KOHN & FITZWILLIAM, LLP
KENT M. WALKER (SBN 173700)


/s Kent M. Walker
Kent M. Walker
kwalker@lewiskohn.com

Attorneys for Plaintiff
SAFETY ARMOR, LLC