Professional Documents
Culture Documents
(SBN 237959)
mtsang(%fishiplaw.com
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for Plaintiff,
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10 11 12 SCHULTZ GRIMES, INC., 13 14
Plaintiff,
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COMPLAINT FOR PATENT INFRINGEMENT: WILLFUL INFRINGEMENT DEMAND FOR JURY TRIAL
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Plaintiff, by and through its attorneys of record, alleges as follows:
PARTIES
1. Plaintiff SCHULTZ GRIMES, INC, (hereinafter "SCHULTZ
GRIMES") Is a corporation organized and existing under the laws of the State of California, with a place of business at 3720 Prospect Avenue, Yorba Linda, California 92886. 2. Upon information and belief, Defendant HEELUXE, LLC (hereinafter "HEELUXE"), is a corporation organized and existing under the laws of the State of California, with its principal place of business at 503 Miramonte Drive, Santa Barbara, California 93109.
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3. The true names and capacities, whether individual, corporate, associate, representative or otherwise, of DOES 1 through 10, inclusive, are
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unknown to Plaintiff, who therefore sues them by such fictitious names. Plaintiff will seek leave to amend this complaint to show the true names and capacities of the Defendants when they are ascertained. Plaintiff is informed and believes, and thereupon alleges, that each of the Defendants named as a DOE, along with the
named Defendants, is responsible in some manner for the occurrences herein
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alleged, and that Plaintiffs damages herein alleged were legally or proximately caused by said Defendants. Wherever it is alleged that any act or omission was
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13 DOE, and each named Defendant, both separately and in concert or conspiracy 14 with the named Defendants. 15
4. On information and belief, and at all times mentioned herein, each of
16 the Defendants named herein as DOES 1 through 10, inclusive, performed, 17 participated In or abetted in some manner the acts alleged herein; proximately 18 caused the damages alleged herein below; and are liable to Plaintiff for the 19 damages and relief sought herein. 20 21 22 24 25 26 27 28 JURISDICTION AND VENUE
5. This is an action for patent infringement arising under the patent laws of the United States, 35 U.S,C. 1, etseq. This Court has subject matter
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THE PATENT-IN-SUIT
8. SCHULTZ GRIMES is the owner of all right, title and interest in and to United States Patent No. 6315786 ("the '786 Patent"), entitled "Device for Treating Heel Pain," which was duly and legally issued on November 13, 2001, A true and correct copy of the '786 Patent is attached hereto as Exhibit A. The 786
Patent is hereinafter referred to as the "Patent-In-Suit." 9. The Patent-In-Suit has numerous claims drawn to devices for treating pain in a person's foot. These claims are directed to an orthotic device to be placed, I in an article of footwear.
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13. Upon information and belief, in violation of 35 U.S.C. 277, each of the Defendants also contributes to and/or induces infringement of one or more of the claims of the '786 Patent as set forth above. 14. As a direct and proximate result of each of the Defendants' acts of infringement as alleged herein, Plaintiff has and will continue to suffer damages in an amount subject to proof at trial, and thus Plaintiff is entitled to recover damages
adequate to compensate it for such infringement, but in no event less than a reasonable royalty.
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10 continuing their infringement of the '786 Patent, Plaintiff will suffer additional 11 irreparable harm and impairment of the value of Its patent rights. Thus, Plaintiff is
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entitled to an injunction against further infringement. 16. Upon information and belief, Defendant HEELUXE has had actual
14 notice of the existence of the '786 Patent at least as of the date ofHEELUXE's 15 receipt ofSCHULTZ GRIMES's cease and desist letter on or about November 20, 16 2012, and has had constructive notice of the existence of the C786 Patent at least as 17 18
ofthe date of issuance, November 13, 2001.
19 has occurred with knowledge of the '786 Patent and is and has been in deliberate 20 21 22 23 24 25 26 27 28
and willful in violation of 35 U.S.C. 284 entitling Plaintiff to increased damages, and making this case exceptional within the meaning of 35 U.S.C. 285. 18. Plaintiff does not yet have sufficient knowledge or information to determine whether infringement by the DOE Defendants is willful, but will seek leave of Court to amend this Complaint to so allege if and when it obtains such
knowledge and information,
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8 || C) Judgment that each of the Defendants, their directors, officers, 9 || employees, attorneys, and agents, and all those persons acting in active
10 concert or in participation with them, and their successors and assigns, be
11 enjoined from further acts that infringe, contributorily infringe or induce 12 [[ infringement of the Patent-In-Suit pursuant to 35 U.S.C. 283;
16 || 284, together with interest, including pre-Judgment interest from the 17 || date infringement of the Patent-In-Suit began;
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Respectfully submitted,
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Dated: October 21,2013
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EXHIBIT A
US006315786B1
(US)
5484^09 5,203,793
5,359,791 5,388,351 5,400,526 5,611,153 5,776,090 5,799,659 5,865,779 5,887,591 5,893,221 6,021,585
(73) A&signee: Pnrtnership ofArthur H. Sumcldcr, James Grimes, Niko Et'stathiou and Charles A. Sarris, Niskayuna, NY (US) ( * ) Notice: Subject lu any disclaimer, the term of this
patent is extended or adjusted unddr 35
7/1992 Sawdon .................................. 482/79 10/1992 Aultman ................................. 36/154 11/1992 Simmons .............................. 602/65 2/1993 Brown . 4/1993 Lyden ....................................... 36/S8 11/1994 Pralil et al, ............................ 36/145 2/1995 Mitctiel) et al. ....................... 36/145 3/1995 Scssa .................................... 36/141 3/1997 FLshcr ct al. . 7/1998 Ucrgmann et al. . 9/199EJ Sfaiiu . 2/1999 GIea&on . 3/1999 Powel] et al. . 4/1999 Wuissman el al. .................... 36/91 2/2000 Cole ................................... 36/11.5
OTHER PUBLICATIONS
The Foot, Gray's Anatomy, pp. 199-201. Muscles and Fasciae of the Loot, Gray's Anatomy, pp, 442-451. * cited by examiner Primary Examiner Justiiic R. Yu (74) AHwney, Agent, or iFn'm Knobbc, Marlens, Olson &
601/23, 27, 28; 36/88, 91, 92, 141,145, 148, 149, 154, 180, 182, 153, 173, 171, 43, 146; 606/201, 204 (56) Rcf(tr(itic(>s Cited U.S. PAFENT DOCUMEN'1-S
1,497,243 * 6/1924 Martin .................................. 601/27 1,974,161 * 9/1934 Riley ...................................... 36/91
3,744,483 * 7/1973 Picolin ................................... 601/28
Bear LLP
(57)
ABSTRACT
3,885.555 * 5/1975 Nobbs .................................... 601/28 3,999.558 * 12/1976 Barnwell et ai, ..,..,........,.., 36/145 4,224,750 * 9/1980 Dclport .................................... 36/91
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indicated by many patient trials, often resulting in a completely pain-fr^e yxperience for many patients,
worn. The flexible heel cup serves to locate the Fasciitis bar
in precisely the proper location lo apply moderate accnpressure force when the patient walks or stands. Made of a resilient, dense material, the Fasciitis bar provides sufBcient accupressure to the calcaneous-midtarsal connection to stretch the plantar fascial tissues and prevent coHapsc of the calcaneal bone, thus relieving pftin. The Fasciitis bar places the center of accupressure mid-way across the widlh of the patient's foot. This is distinct from the arch support portion of Htandard urlholics, which apply upward pressure against the inside of the patient s foot,
originate in the first step they take out of the bed in the
morning, when the plantar tascia is stretched violently out of
the natural contraction that occurs during a sfatc of sleep. 25 This pain may ease gradually throughout the day, only to
relurn the next morning,
The prior art includes several urtholie devices inkndccl (o treat heel pain of various types. Devices exist to hold,
along a line as shown in FIG. 3 which lies along the length of the orthotic device just inside the edge which underlies the inside (arch side) of the patient's foot;
FIG. 5Ais a scctiana] view of the orthotic heel cup taken
lies the middle of (he patients foot; FIG. 5B is a sectional view similar to that of FIG. 5A showing an alternate embodiment of the orthotic heel cup;
FIG. 6 is a sectional view of [he orthotic heel cup of FIG.
3 taken along a line as shown in FIG. 3 which lies along the length of the orthotic device just inside the edge which underlies the outside of the patient's foot;
FIG, 7 is aside elevation view of d human leFl. foot. similar
proper localion of the orihotic heel cup and iis Fasciitis bar; FIG. 8 is a perspective view of a second alternative embodiment of the orthotic device of the present invention;
and FIG. 9 is a view, similar (o (hat of FIG. 7, but showing the
temporarily alleviated the pain associated with Plantar Fasciitis. The calcaneous-midtarsal connection is the point on the bottom of the foot where Ihe heel meets ihe arch. Further, the inventor discovered that accupressure continually applied to this location, using a specially constructed nrthotic device, could provide the key tn pain relief, as
US 6,3:15,786 Bl
ofaskeletal foot. Below the tibia 11 is the talus 13, or "ankle bone". Positioned below and rearwardly of the talus 13 is the calcancus 26, or "hwl bone . Positioned modcratuly below and forward of the tahis 13 is the navicular 15. Immediately behind the navicular 15, and nol shown in the illustration of 5 inches. The length o the bar 12 may range from 0.5 to 2.5; inches, but is preferably centered about the centerline of the orthotic device. In the prefyrrud vmbodimi;nt shown in FIG.
sloping in similar contour. In a first alternate embodiment shown in FIG. 5B, the front surface 46 of the Fasciitis bar 12 slopes more acutely from the peak 4S of the bar 12 lo
provide a more abrupt pressure differential along the Jcnglh of the patient's foot.
FIG. 7 illustrates the orthotic device 10 properly sized and positioned in relation to a patient's foot 24, As shown, ihc raised portion or Ll'asciitis bar 12 is positioned by the heel
cup portion 20 directly beneath the calcaneus-midtarsal connection 2S where the heel mecls the arch of the foot 24,
generally along the arch 36 of the foot 24, Illustrated in FIGS. 2 through 6 is the orthotic device 10
ill accordance with the present inventjoti, provided to relieve pain in the heel of a person's loot 24 when worn. The orthodc device 10 is comprised of a cup-shaped heel portion
orthotic device 10 beneath the patient s foot 24. The orthotic dcvici; 10, including (hi; hwl portion 20, is preferably formed as a single piece, and may comprise a material that can be manufactured in the illustrated configuration through
thcrmo-forming or injection molding. Such malcrials include bul are not limited to pLislics, gels, foams such as P-lite or polypropylene, visco-elaslic polyraer, SoEl-iOle, polyurethtinc, and combinations thereof. Regardless of (he material used, the preferred hardness is between 20 to SO duromytvrs. This hardness has been found to apply appropriate pressure to the patient's foot, without causing discomfort.
and against the plantar fascia 36 (HO. I) as far forward on the foot 24 as desired, possibly even underlying the metaiarsals30(FIG. 1). Although the preceding description illustrates the Fasciitis bar 12 as a part of a heel cup orlhotic device 10, FIGS. S and 9 illustrate a simpler form of the Fasciitis bar 50. In
(his form the Fafidili'i bar 50 is a sland-alonu member,
The orthotic device 10 includes a sole portion 18, baviag a bottom surface 40, which cxlcncl.s throughout the length of
the orlhotic device 10 and underHes the center of the
together form the heel cup portion 20. '-llie rim 22 of the rear wall portion 16 and sidcwall portions 38 is U-shapcd lo
surround the rear of a patient's heel in a manner common lo ortholics device of the prior art.
forward of the heel cup portion 20. The raised portion 12 preferably has a semi-cylindrical or pillow shape with
tapered sides and extends above the sole portion 18 as a side-lo-sidc bump. The Fiiscntis bar 12 is preferably formed 50
as one piece wilh the sole portion 18 and the heel cup portion
20, and is preferably constructed of the same material. As discussed above, such materiais include but are not limited to plastics, gels, foams such as P-Iitc or polypropylcnc, visco-elastic polymer, Soflsole sheets, polyurethane, and 55
FasciiEis bar 12 extends laterally across the orthodc device 10, blending into the heel cup portion 20 at its extreme ends,
but forming a substantial protuberance along the centerline of the orlholic device illustraled in FIG, 5A. The preferred 65
thickness of the Fayciitis bar 12 at the lateral center porliun 48 shown in;FIG. 5Amay range from 0.0625 inches to 0.375
US 6,315,786 Bl
a raised portion positioned with respect to said heel portion so that when said heel portion surrounds said raised portion extends a greater distance in a direction
part of said hwl of sakl foot, said raised portion is positioned to lie beneath and place localized pleasure
on the calcaneous-midtarsal conneclion of said foot, 5
across the width of said foot than it does along the length uf said foot wherein saki raised portion has a pillow shape and wherein the length of said pillow
shaped portion is belweeu Oi5 and 2.5 inuhuy,
of foolwciir comprising;
a heel portion sized to surround part of said heel of said
fool; and
it raised portion positioned with ri^pect to said heel
pillow shape ;ind whureia the thickness of said pillow shaped portion is between 0.0625 inches and 0,375
inches. 15 !3. An orthotic device' for treating Pliintar Fasciitis in a Person s foot, said ortholic dcvicd to be placed in an article
portion so that, when said heel portion surrounds said part of said heel of said foot, said raised portion is posilioned lo lie beneath and place localized pressure
on the calcaneous-midtarsal connection of said foot, said raised portion sized so that, when said heel portion surrounds said part of said heel of said foot, and said
of footwear comprising: a heel portion sized to surround part of said heel of said fool; and 20
d raised porLion pusitionixi with respuul lo said heel portion so that, when said heel portion surrounds said part of said heel of said loot, said raised portion is positioned to lie beneath and place localized pressure on the calcaneous-midtarsals connection of said foot, said raised portion sized so that, when said lieel portion
pillow shape and wherein the slope of the side ot said pillow-shaped rdiscd portion furlhcsl from said heel portion is greater than the slope of the side of said
pillow-shape d raised portion closest to said heel por(ton.
surrounds said parL uf said hucl of said fuot, <ind said raised portion is positioned to lie beneath the
falcaneous-midlarsal connection of said fool, said