COMPLAINT PAGE 3
Dr. Keith Alexander. The design was commercialized in 2003 and is now sold in over 20 countries, including the United States. 9.
Springfree L.P. is headquartered in Plano, Texas, and operates three retail locations in the United States: in Issaquah, Washington; Plano, Texas; and Frisco, Texas. Springfree trampolines are also available online at www.springfreetrampoline.com. 10.
As a result of its marketing efforts, innovation, and the reliability and safety features of its products, Springfree and its trampolines have acquired goodwill and a favorable reputation among consumers.
The ’795 Patent
The ’795 patent issued to JumpSport, Inc. on April 30, 2013. The ’795 patent
identifies the inventors as Mark W. Publicover and Donald Strasser.
A copy of the ’795 patent i
s attached as Exhibit A. On information and belief, Mark Publicover is the Chief Executive Officer of JumpSport, Inc. 12.
The ’795 patent is within the same patent family as U.S. Patent Nos. 6,261,207 (“the ’207 patent”) and 6,053,845 (“the ’845 patent”).
Each of the
’795, ’207, and ’845
is entitled “Trampoline or the like with enclosure.”
JumpSport filed a lawsuit against Springfree in the Eastern District of Texas, Tyler Division, Cause No. 6:13-cv-929-JDL, in which certain Springfree trampoline systems are accused of infringing
the ’207 and ’845 patents.
That case is currently pending. 13.
JumpSport recently communicated to Springfree that JumpSport believes
Springfree also infringes the ’795 patent and
that JumpSport intends to assert
the ’795 patent against Springfree’s trampoline
There is an actual controversy between Springfree and JumpSport regarding