1 X-PATENTS, APC JONATHAN HANGARTNER, Cal. Bar No. 196268 2 5670 La Jolla Blvd.

3 La Jolla, CA 92037 Telephone: 858-454-4313 4 Facsimile: 858-454-4314 jon@x-patents.com 5 6 7 8 9 10 11 12 100% SPEEDLAB, LLC, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
Complaint

Attorneys for Plaintiff 100% Speedlab, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case No. '12CV1261 IEG BGS COMPLAINT

Plaintiff, v. OAKLEY, INC., Defendant. JURY TRIAL DEMANDED

Plaintiff 100% Speedlab, LLC. (100% Speedlab) for its Complaint avers as follows: PARTIES 1. Plaintiff 100% Speedlab is a company organized and existing under the laws

of the State of California with its principal place of business in San Diego, California. 2. Defendant Oakley, Inc., (Oakley) is a corporation organized and existing

under the laws of the State of Washington, with its principal place of business at One Icon, Foothill Ranch, California 92610.

1 2 3.

JURISDICTION AND VENUE Plaintiff 100% Speedlab seeks declarations of invalidity and non-

3 infringement of U.S. Patent No. 7,971,268 (the 268 patent) entitled Controlled 4 Deflection Goggle. 5 4. This Court has jurisdiction over the subject matter of the Complaint pursuant

6 to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 and 2202, under federal 7 question jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a), and as arising under the 8 Patent Laws of the United States, Title 35 of the United States Code. 9 5. This Court has personal jurisdiction over Oakley because Oakleys

10 headquarters is located in California, and the company has a continuous, systematic, and 11 substantial presence in the State of California and within this judicial district. 12 13 14 15 7. BACKGROUND 100% Speedlab designs, sells and distributes motocross goggles and 6. Venue is proper under 28 U.S.C. 1391and 1400.

16 accessories, including the Racecraft line of motocross goggles. 17 18 8. 9. Oakley is the owner by assignment of the 268 patent. On or about April 23, 2012, Oakleys outside counsel at the firm of Knobbe

19 Martens Olson & Bear LLP wrote to 100% Speedlab indicating that Oakley has 20 determined that your Racecraft motocross goggles infringe several claims of Oakleys 21 268 patent, including at least Claim 1, and demanding that 100% Speedlab immediately 22 cease further infringement of the 268 patent. The letter further asserted that if 100% 23 Speedlab did not comply with Oakleys demands, the accompanying draft complaint 24 would be filed alleging infringement by 100% Speedlab. A true and correct copy of the 25 April 23, 2012 letter from Michael K. Friedland, including the attached draft complaint 26 and copy of the 268 patent is attached hereto as Exhibit A. 27 28 -2Complaint

10.

In subsequent discussions between counsel for 100% Speedlab and Oakley,

2 Oakley has continued to allege that 100% Speedlabs Racecraft goggle infringes the 268 3 patent and that the 268 patent is valid. 4 5 6 7 11. COUNT I (Declaratory Judgment Of Non-Infringement Of The 268 Patent) 100% Speedlab realleges and incorporates by reference all of the previous

8 allegations set forth herein. 9 12. As a result of the charges of infringement of the 268 patent by Oakley, an

10 actual controversy exists as to infringement of the 268 patent by 100% Speedlab. 11 12 13 14 13. COUNT II (Declaratory Judgment Of Invalidity Of The 375 Patent) 100% Speedlab realleges and incorporates by reference all of the previous

15 allegations set forth herein. 16 14. The 268 patent is invalid for failure to comply with one or more of the

17 requirements of title 35 of the United States Code including, but not limited to, 101, 18 102, 103, and 112. 19 15. As a result of the charges of infringement and assertions of the validity of the

20 268 patent by Oakley, an actual controversy exists as to the validity of the 268 patent. 21 22 23 PRAYER FOR RELIEF WHEREFORE, 100% Speedlab prays that judgment be entered by this Court in its

24 favor and against defendants as follows: 25 26 27 28 -3Complaint

A. B.

Declaring that 100% Speedlab has not infringed the 268 patent; Declaring that the 268 patent and all claims thereof are invalid;

C.

Declaring that this case is exceptional under 35 USC Section 285 and

2 awarding attorneys fees, costs and expenses to 100% Speedlab; 3 4 5 6 7 triable. 8 9 Dated: May 24, 2012 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4Complaint

D.

For such other relief as the Court may deem just and proper.

DEMAND FOR JURY TRIAL Plaintiff 100% Speedlab hereby demands a jury trial as to all issues that are so

X-PATENTS, APC

By:

/s/Jonathan Hangartner JONATHAN HANGARTNER Attorneys for Plaintiff 100% Speedlab, LLC

JS 44 (Rev. )

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
100% SPEEDLAB, LLC

DEFENDANTS
OAKLEY, INC.

'12CV1261 IEG BGS

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(b) County of Residence of First Listed Plaintiff San Diego

(EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant

NOTE:

Jonathan Hangartner, Esq., X-Patents, APC; 5670 La Jolla Blvd., La Jolla, CA 92037; tel: (858-454-4313)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Michael K. Friedland, Esq., Knobbe Martens Olson & Bear LLP, 2040 Main Street, 14th Floor, Irvine, CA 92614; tel: (949) 760-0404

Attorneys (If Known)

II. BASIS OF JURISDICTION

u 1 U.S. Government Plaintiff

(Place an X in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)

(For Diversity Cases Only) PTF Citizen of This State u 1 Citizen of Another State u 2 u 3 DEF u 1 u u 2 and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation u u 5 u 5 u 6

u 3 Federal Question (U.S. Government Not a Party) u 4 Diversity (Indicate Citizenship of Parties in Item III)

u 2

U.S. Government Defendant

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT

CONTRACT u u u u u u u u u u u u 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise

(Place an X in One Box Only) TORTS u u u u u u u u u u PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Med. Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY u 365 Personal Injury Product Liability u 367 Health Care/ Pharmaceutical Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS u 510 Motions to Vacate Sentence Habeas Corpus: u 530 General u 535 Death Penalty u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition u 560 Civil Detainee Conditions of Confinement

FORFEITURE/PENALTY u 625 Drug Related Seizure of Property 21 USC 881 u 690 Other

BANKRUPTCY u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157 PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 840 Trademark u u u u u u u u u u u u u u u u u

OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

u u u u u u

u u u u u u

REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

u u u u u

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

u u u u u u u

FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRSThird Party 26 USC 7609

IMMIGRATION u 462 Naturalization Application u 463 Habeas Corpus Alien Detainee (Prisoner Petition) u 465 Other Immigration Actions

V. ORIGIN

u 1 Original Proceeding

Transferred from u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 another district u 6 Multidistrict State Court Appellate Court Reopened Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

(Place an X in One Box Only)

VI. CAUSE OF ACTION Brief description of cause:

28 U.S.C. secs. 2201 and 2202; 35 U.S.C. section 1, et seq.

u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE

Declaratory judgment action for non-infringement and invalidity of patent

DEMAND $ CHECK YES only if demanded in complaint: u Yes u No JURY DEMAND: DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

05/24/2012
FOR OFFICE USE ONLY RECEIPT # AMOUNT

s/Jonathan Hangartner

APPLYING IFP

JUDGE

MAG. JUDGE