parallax group v. greatmats - complaint
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8/16/2019 Parallax Group v. Greatmats - Complaint
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COMPLAINT FOR PATENT INFRINGEMENT
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Mei Tsang, Esq. (SBN 237959)mtsang@fishiplaw.com Joseph Andelin, Esq. (SBN 274105) jandelin@fishiplaw.com Fish & Tsang, LLP
2603 Main Street, Suite 1000Irvine, California 92614-4271Telephone: 949-943-8300Facsimile: 949-943-8358
Attorneys for Plaintiff, The Parallax Group International, LLC.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, THE SOUTHERN DIVISION
The Parallax Group International, LLC, aCalifornia corporation,
Plaintiff,
v.
Greatmats.com Corporation, a Wisconsincorporation,
Defendant.
Civil Action No. 8:16-cv-927
COMPLAINT FOR PATENTINFRINGEMENT
DEMAND FOR JURY TRIAL
Case 8:16-cv-00927 Document 2 Filed 05/20/16 Page 1 of 8 Page ID #:4
mailto:mtsang@fishiplaw.commailto:mtsang@fishiplaw.commailto:jandelin@fishiplaw.commailto:jandelin@fishiplaw.commailto:jandelin@fishiplaw.commailto:mtsang@fishiplaw.com
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COMPLAINT FOR PATENT INFRINGEMENT
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1. Plaintiff, by and through its attorneys of record, alleges as follows:
PARTIES
2. Plaintiff, The Parallax Group International, LLC (“Parallax”), is a corporation organized
and existing under the laws of the State of California, with a place of business at 65 Enterprise
3rd Floor, Aliso Viejo, CA 92656.
3. Upon information and belief, Defendant, Greatmats.com Corporation (“Greatmats.com”
or “the Defendant”), is a wholly owned corporation organized and existing under the laws of
the State of Wisconsin, with its principal place of business at 117 Industrial Ave, Milltown, WI
54858.
SUBJECT MATTER JURISDICTION
4. This is an action for patent infringement arising under the patent laws of the United
States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action
pursuant to 28 U.S.C. §§ 1331 and 1338(a).
BACKGROUND
5. Parallax protects its technologies through a broad range of intellectual property rights.
6. Among the patents that Parallax has been awarded are the patents listed below, to which
Parallax owns all rights, title, and interest.
Patent Number Title
US 9,289,085 (the ‘085 patent) Floor Matting
US D532,238 (the ‘238 patent) Floor Matting
US D543,764 (the ‘764 patent) Resilient Mat
COUNT ONE: INFRINGEMENT OF THE ‘085 PATENT BY GREATMATS.COM
7. Plaintiff re-alleges and incorporates the allegations of paragraphs 1-6.
8. The ‘085 patent is valid and enforceable.
9. Plaintiff actively markets and sells throughout the United States products that embody at
least claim 1 of the ‘085 patent.
Case 8:16-cv-00927 Document 2 Filed 05/20/16 Page 2 of 8 Page ID #:5
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COMPLAINT FOR PATENT INFRINGEMENT
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10. Upon information and belief, and in violation of 35 U.S.C. § 271, Greatmats.com has
infringed the ‘085 patent through direct infringement and infringement under the doctrine of
equivalents.
11.
Since at least October 28, 2006, Greatmats.com has offered for sale, sold, used,
manufactured, or imported floor mats that infringe the ‘085 patent.
12. Greatmats.com has also offered for sale, sold, used, manufactured, or imported at least
the following infringing floor mats in the United States: the Home Sport and Play Mat, the
Martial Arts Karate Mat Premium mats, the Grappling MMA Mats, the Judo Mats Lite mats,
the Home MMA BJJ Mats, the Home Karate Sport Foam Tile mats, the Pro Martial Arts Mats
Sport mats, the Rustic Wood Grain Foam Tile mats, the SoftFloors Economy Reversible Foam
Tile mats, the SoftTuff Gym Floor Protect mats, and the Home Tatami Sport Tile mats (“the
‘085 Infringing Products”), with exemplary depiction of some of the ‘085 Infringing Products
found in Exhibit 1, attached.
13. Specifically, the ‘085 Infringing Products infringe the subject matter protected by claim 1
of the ‘085 patent.
14. Some of Greatmats.com’s acts constituting infringement of claim 1 of the ‘085 patent are
detailed in Exhibit 2, attached.
15. Upon information and belief and in violation of 35 U.S.C. § 271, the Defendant also
contributed to or induced infringement of claim 1 of the ‘085 patent.
16. As a direct and proximate result of the Defendant’s acts of infringement, Plaintiff
suffered damages in an amount according to proof at trial.
17. Plaintiff is entitled to recover compensatory damages totaling no less than a reasonable
royalty.
18. Greatmats.com continues to offer for sale, sell, use, manufacture, or import floor mats
that infringe the ‘085 patent.
19. Unless the Defendant is enjoined by this Court from continuing its infringement of the
‘085 patent, Plaintiff will suffer additional irreparable harm and impairment of the value of its
patent rights. Thus, Plaintiff is entitled to an injunction against further infringement.
Case 8:16-cv-00927 Document 2 Filed 05/20/16 Page 3 of 8 Page ID #:6
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COMPLAINT FOR PATENT INFRINGEMENT
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20. Upon information and belief, the Defendant had constructive notice of the ‘085 patent at
least as of May 19, 2016.
21. Parallax has offered for sale and sold products embodying and bearing the mark of the
‘085 patent on its website, www.norsk-stor.com, since at least May 19, 2016.
COUNT TWO: INFRINGEMENT OF THE ‘238 PATENT BY GREATMATS.COM
22. Plaintiff re-alleges and incorporates the allegations of paragraphs 1-6.
23. The ‘238 patent is valid and enforceable.
24. Plaintiff actively markets and sells throughout the United States products that embody the
design claimed by the ‘238 patent.
25.
Upon information and belief, and in violation of 35 U.S.C. § 271, Greatmats.com has
infringed the ‘238 patent through direct infringement and infringement under the doctrine of
equivalents.
26. Since at least December 8, 2006, Greatmats.com has offered for sale, sold, used,
manufactured, or imported floor mats that infringe the ‘238 patent.
27. Greatmats.com has also offered for sale, sold, used, manufactured, or imported at least
the following infringing floor mats in the United States: the Geneva Interlocking Rubber Tile
mats, the Interlocking Rubber Tile Black mats, the Geneva Rubber Tile Black mats, the Rubber
Tile Utility mats, the Geneva Rubber Tile 10% Color mats, the Geneva Rubber Tile 20% Color
mats, the Interlocking Rubber Tile Color mats, the Interlocking Rubber Tile 10% Color mats,
the Interlocking Rubber Tile 20% Color mats, the Interlocking Punter Top mats, the
SoftRubber Floor Gym Tile mats, the Comfort Tile Designer Wood Grain mats, the Comfort
Tile Designer Wood Grain Center Tile mats, the Comfort Tile Designer Wood Grain Kit
Beveled Edges mats, the Comfort Carpet Tile Kit Beveled Edges mats, the Comfort Carpet
Tile Center Tile mats, the Rustic Wood Grain Foam Tile mats, the SoftCarpet Tile mats, the
Subfloor Dance Studio Elite mats, the Dense Foam Mats, the Aerobic Flooring Pro Tile mats,
the BestGym Rubber Tile Interlocking mats, the Eco Interlocking Carpet Tiles mats, the Foam
Floor Mats Premium mats, the Foam Mats Economy mats, the Foam Tiles Wood Grain mats,
the Home Gym Mats Pebble mats, the Pebble Top Foam Gym Floor Tile mats, the Play Mats
Case 8:16-cv-00927 Document 2 Filed 05/20/16 Page 4 of 8 Page ID #:7
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COMPLAINT FOR PATENT INFRINGEMENT
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Foam Puzzle Tile 4 Pack mats, the Royal Interlocking Carpet Tile mats, the SoftWoods Foam
Tiles mats, and the Sport Plus Designer Foam Tile mats (“the ‘238 Infringing Products”), with
exemplary depiction of some of the ‘238 Infringing Products found in Exhibit 3, attached.
28.
The ‘238 Infringing Products and, on information and belief, other products sold, offered
for sale, manufacture, or imported by Greatmats.com, are the same, or are substantially
identical to, the design claimed in the ‘238 patent.
29. An ordinary observer with an understanding of the relevant prior art in the floor mat
industry would believe the ‘238 Infringing Products and, upon information and belief, other
products sold, offered for sale, manufactured, or imported by Greatmats.com, are substantially
the same as the design claimed by the ‘238 patent.
30. Upon information and belief and in violation of 35 U.S.C. § 271, the Defendant also
contributed to or induced infringement of claim 1 of the ‘238 patent.
31. As a direct and proximate result of the Defendant’s acts of infringement, Plaintiff
suffered damages in an amount according to proof at trial.
32. Plaintiff is entitled to recover compensatory damages totaling no less than a reasonable
royalty.
33. Greatmats.com continues to offer for sale, sell, use, manufacture, or import floor mats
that infringe the ‘238 patent.
34. Unless the Defendant is enjoined by this Court from continuing its infringement of the
‘238 patent, Plaintiff will suffer additional irreparable harm and impairment of the value of its
patent rights. Thus, Plaintiff is entitled to an injunction against further infringement.
35. Upon information and belief, the Defendant had constructive notice of the ‘238 patent at
least as early as May 20, 2010.
36. In addition, Parallax has offered for sale and sold products embodying and bearing the
mark of the ‘238 patent on its website, www.norsk-stor.com, or in retail locations since at least
May 20, 2010.
COUNT THREE: INFRINGEMENT OF THE ‘764 PATENT BY GREATMATS.COM
37. Plaintiff re-alleges and incorporates the allegations of paragraphs 1-6.
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COMPLAINT FOR PATENT INFRINGEMENT
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38. The ‘764 patent is valid and enforceable.
39. Plaintiff actively markets and sells throughout the United States products that embody the
design claimed by the ‘764 patent.
40.
Upon information and belief, and in violation of 35 U.S.C. § 271, Greatmats.com has
infringed the ‘764 patent through direct infringement and infringement under the doctrine of
equivalents.
41. Since at least December 8, 2006, Greatmats.com has offered for sale, sold, used,
manufactured, or imported floor mats that infringe the ‘764 patent.
42. Greatmats.com has also offered for sale, sold, used, manufactured, or imported at least
the following infringing floor mats in the United States: the Geneva Interlocking Rubber Tile
mats, the Interlocking Rubber Tile Black mats, the Geneva Rubber Tile Black mats, the Rubber
Tile Utility mats, the Geneva Rubber Tile 10% Color mats, the Geneva Rubber Tile 20% Color
mats, the Interlocking Rubber Tile Color mats, the Interlocking Rubber Tile 10% Color mats,
the Interlocking Rubber Tile 20% Color mats, the Interlocking Punter Top mats, the
SoftRubber Floor Gym Tile mats, the Comfort Tile Designer Wood Grain mats, the Comfort
Tile Designer Wood Grain Center Tile mats, the Comfort Tile Designer Wood Grain Kit
Beveled Edges mats, the Comfort Carpet Tile Kit Beveled Edges mats, the Comfort Carpet
Tile Center Tile mats, the Rustic Wood Grain Foam Tile mats, the SoftCarpet Tile mats, the
Subfloor Dance Studio Elite mats, the Dense Foam Mats, the Aerobic Flooring Pro Tile mats,
the BestGym Rubber Tile Interlocking mats, the Eco Interlocking Carpet Tiles mats, the Foam
Floor Mats Premium mats, the Foam Mats Economy mats, the Foam Tiles Wood Grain mats,
the Home Gym Mats Pebble mats, the Pebble Top Foam Gym Floor Tile mats, the Play Mats
Foam Puzzle Tile 4 Pack mats, the Royal Interlocking Carpet Tile mats, the SoftWoods Foam
Tiles mats, and the Sport Plus Designer Foam Tile mats (“the ‘764 Infringing Products”), with
exemplary depiction of some of the ‘764 Infringing Products found in Exhibit 3, attached.
43. The ‘764 Infringing Products and, on information and belief, other products sold, offered
for sale, manufacture, or imported by Greatmats.com, are the same, or are substantially
identical to, the design claimed in the ‘764 patent.
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COMPLAINT FOR PATENT INFRINGEMENT
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44. An ordinary observer with an understanding of the relevant prior art in the floor mat
industry would believe the ‘764 Infringing Products and, upon information and belief, other
products sold, offered for sale, manufactured, or imported by Greatmats.com, are substantially
the same as the design claimed by the ‘764 patent.
45. Upon information and belief and in violation of 35 U.S.C. § 271, the Defendant also
contributed to or induced infringement of claim 1 of the ‘764 patent.
46. As a direct and proximate result of the Defendant’s acts of infringement, Plaintiff
suffered damages in an amount according to proof at trial.
47. Plaintiff is entitled to recover compensatory damages totaling no less than a reasonable
royalty.
48. Greatmats.com continues to offer for sale, sell, use, manufacture, or import floor mats
that infringe the ‘764 patent.
49. Unless the Defendant is enjoined by this Court from continuing its infringement of the
‘764 patent, Plaintiff will suffer additional irreparable harm and impairment of the value of its
patent rights. Thus, Plaintiff is entitled to an injunction against further infringement.
50. Upon information and belief, the Defendant had constructive notice of the ‘764 patent at
least as early as May 20, 2010.
51. In addition, Parallax has offered for sale and sold products embodying and bearing the
mark of the ‘764 patent on its website, www.norsk-stor.com, or in retail locations since at least
May 20, 2010.
PRAYER FOR RELIEF
Plaintiff Parallax prays for judgment and relief as follows:
A)
Judgment that the ‘085, ‘238, and ‘764 patents are valid and enforceable;
B) Judgment that the Defendant, its directors, officers, employees, attorneys, and agents, and
all those persons acting in active concert or in participation with them, and their successors
and assigns, be enjoined from further acts that infringe, contributorily infringe, or induce
infringement of the ‘085, ‘238, and ‘764 patents pursuant to 35 U.S.C. § 283;
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COMPLAINT FOR PATENT INFRINGEMENT
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C) Judgment that the Defendant be ordered to pay damages adequate to compensate Parallax
for infringement of the ‘085, ‘238, and ‘764 patents pursuant to 35 U.S.C. § 284, together
with interest, including pre-judgment interest from the date infringement of each of the
patents began;
D) Judgment that the Defendant directly committed, induced, or contributed to willful
infringement of the ‘085, ‘238, and ‘764 patents and that the Defendant be ordered to pay
treble damages pursuant to 35 U.S.C. § 284;
E) Judgment that the Defendant be ordered to pay all costs and expenses incurred by Parallax
associated with this action pursuant to 35 U.S.C. § 284;
F)
Judgment that this case is exceptional, and that the Defendant be ordered to pay all of
Parallax’s attorney fees associated with this action pursuant to 35 U.S.C. § 285; and
G) Judgment that Parallax be granted any other relief as this Court finds just and proper,
including enhanced damages.
DEMAND FOR JURY TRIAL
52. Pursuant to Rule 38 of the Federal Rules of Civil Procedure, the Plaintiff demands trial
by jury in this action of all issues so triable.
Respectfully submitted,
FISH & TSANG, LLP
Dated: May 20, 2016 By: /s/Joseph A. AndelinJoseph A. Andelin, Esq.Attorneys for PlaintiffParallax, Inc.
Case 8:16-cv-00927 Document 2 Filed 05/20/16 Page 8 of 8 Page ID #:11
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Exhibit 1
Case 8:16-cv-00927 Document 2-1 Filed 05/20/16 Page 1 of 2 Page ID #:12
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Home S ort and Pla MatPro Martial Arts Sport
SoftFloors Econom Reversible Foam Tile
SoftTuff G m Floor Protect
Home Tatami S ort Tile
Case 8:16-cv-00927 Document 2-1 Filed 05/20/16 Page 2 of 2 Page ID #:13
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Exhibit 2
Case 8:16-cv-00927 Document 2-2 Filed 05/20/16 Page 1 of 2 Page ID #:14
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Greatmats.com’s Acts Constituting Infringement of Claim 1 of the ‘085 Patent
Upon information and belief, the ‘085 Infringing Products sold, offered for sale, or imported by
Greatmats.com include a body with a peripheral wall having teeth and receiving slots, as seen in Exhibit
1. These acts or features are required by and infringe claim 1.
Upon information and belief, the Home Sport and Play Mat mats and the Pro Martial Arts Sport matssold, offered for sale, or imported by Greatmats.com have two layers, with each layer made of closed
cell EVA foam rubber. The SoftFloors Economy Reversible Foam Tile mats and Home Tatami Sport Tile
mats sold, offered for sale, or imported by Greatmats.com have two layers, with each layer made of
foam. The the SoftTuff Gym Floor Protect mats sold, offered for sale, or imported by Greatmats.com
have two layers, with each layer made of high density fiber. In sum, each of the ‘085 Infringing Products
has two layers, with each layer made of the same material as the other layer, such that each layer has
the same coefficient of thermal expansion as the other layer. These acts or features are required by and
infringe claim 1.
Upon information and belief, the ‘085 Infringing Products sold, offered for sale, or imported by
Greatmats.com have two layers with different colors, as seen in Exhibit 1. These acts or features are
required by and infringe claim 1.
Upon information and belief, the ‘085 Infringing Products sold, offered for sale, or imported by
Greatmats.com have two layers that are bound together at an undulating boundary, as seen in Exhibit 1.
These acts or features are required by and infringe claim 1.
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Exhibit 3
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Aerobic Flooring Pro Tile
Dense Foam Mats
BestGym Rubber Tile Interlocking
Eco Interlocking Carpet Tiles
Foam Floor Mats Premium Foam Mats Economy
Case 8:16-cv-00927 Document 2-3 Filed 05/20/16 Page 2 of 4 Page ID #:17
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Foam Tiles Wood Grain
Play Mats Foam Puzzle Tile 4 Pack
Home Gym Mats Pebble
Sport Plus Designer Foam Tile
Royal Interlocking Carpet Tile Pebble Top Foam Gym Floor Tile
Case 8:16-cv-00927 Document 2-3 Filed 05/20/16 Page 3 of 4 Page ID #:18
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SoftWoods Foam Tiles
Case 8:16-cv-00927 Document 2-3 Filed 05/20/16 Page 4 of 4 Page ID #:19
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