Susan D. Pitchford, OSB No. 980911 E-Mail: [email protected] Kevin L. Russell, OSB 934855 E-Mail: [email protected] CHERNO

Susan D. Pitchford, OSB No. 980911 E-Mail: Sdp@Chernofflaw.Com Kevin L. Russell, OSB 934855 E-Mail: Kevin@Chernofflaw.Com CHERNO

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 1 of 74

Susan D. Pitchford, OSB No. 980911 E-mail: [email protected] Kevin L. Russell, OSB 934855 E-mail: [email protected] CHERNOFF VILHAUER LLP 111 SW Columbia, Suite 725 Portland, Oregon 97201 Telephone: (503) 227-5631

Attorneys for Plaintiff Really Right Stuff, LLC

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

REALLY RIGHT STUFF, LLC, Case No. 3:17-cv-00110

Plaintiff, COMPLAINT FOR PATENT v. INFRINGEMENT

FUDALA CORPORATION, d/b/a PATENT CASE PROMEDIAGEAR CO; DARIUSZ FUDALA, an individual; ADORAMA, INC.; DESMOND PHOTOGRAPHIC JURY TRIAL DEMANDED DISTRIBUTORS, INC. d/b/a OEC CAMERA ACCESSORIES; JOHN SIMMONDS, an individual; and SIRUI USA LLC;

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Really Right Stuff, LLC (“Really Right Stuff” or “Plaintiff”) brings this action against defendants Fudala Corporation d/b/a ProMediaGear Co. (“ProMediaGear”), Dariusz

Fudala (“Fudala”); Adorama, Inc. (“Adorama”), Desmond Photographic Distributors, Inc. d/b/a

OEC Camera Accessories (“Desmond Photographic”), John Simmonds (“Simmonds”), and Sirui

1 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 2 of 74

USA LLC (“Sirui”) (collectively “Defendants”) and, on information and belief, alleges as

follows:

THE PARTIES

1. Plaintiff Really Right Stuff is a limited liability company organized and existing under the laws of California, with its principal place of business located at 1146 Farmhouse

Lane, San Luis Obispo, California 93401.

2. Plaintiff Really Right Stuff owns, through assignment, the inventions described and claimed in United States Patent Nos.:

 6,773,172 entitled “QUICK-RELEASE CLAMP FOR PHOTOGRAPHIC

EQUIPMENT” (“the ‘172 Patent”) (attached as Exhibit A);

 9,063,397 entitled “PANORAMIC CAMERA MOUNT” (“the ’397 Patent)

(attached as Exhibit B);

 8,827,574 entitled CAMERA MOUNTING ASSEMBLY (“the ‘574 Patent”)

(attached as Exhibit C);

 9,097,963 entitled CAMERA MOUNTING ASSEMBLY (“the ‘963 Patent”)

(attached as Exhibit D);

 9,298,067 entitled CAMERA MOUNTING ASSEMBLY (“the ‘067 Patent”)

(attached as Exhibit E);

 9,298,068 entitled CAMERA MOUNTING ASSEMBLY (“the ‘068 Patent”)

(attached as Exhibit F);

 9,298,069 entitled CAMERA MOUNTING ASSEMBLY (“the ‘069 Patent”)

(attached as Exhibit G);

 9,052,574 entitled EXTENDIBLE L-PLATE FOR CAMERA EQUIPMENT

2 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 3 of 74

(“the ‘52574 patent”) (attached as Exhibit H);

 9,280,039 entitled EXTENDIBLE L-PLATE FOR CAMERA EQUIPMENT

(“the ‘039 Patent”) (attached as Exhibit I);

 9,097,962 entitled EXTENDIBLE L-PLATE FOR CAMERA EQUIPMENT

(“the ‘962 Patent”) (attached as Exhibit J);

(Collectively “Patents at Issue”).

3. Upon information and belief, defendant ProMediaGear is a corporation organized and existing under the laws of Illinois, with its principal place of business located at 16555 108th

Avenue, Orland Park, Illinois 60467.

4. Upon information and belief, defendant Fudala, is an individual and resident of

Illinois.

5. Upon information and belief, defendant Adorama, is a corporation organized and existing under the laws of New York, with its principal place of business located at 42 West 18th

Street, New York, New York 10001.

6. Upon information and belief, defendant Desmond Photographic is a corporation organized and existing under the laws of Oregon, with its principal place of business located at

14147 SE Alta Vista Drive, Happy Valley, Oregon 97086.

7. Upon information and belief, defendant Simmonds is an individual and resident of

Happy Valley, Oregon.

8. Upon information and belief, defendant Sirui is a limited liability company organized and existing under the laws of New Jersey, with its principal place of business located at 55 Washington Street, Suite 200, Bloomfield, New Jersey 07003.

3 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 4 of 74

9. Upon information and belief, defendant Simmonds and/or defendant Desmond

Photographic distribute products referenced below to defendant Adorama and also distribute such products directly.

10. Upon information and belief, defendant ProMediaGear and/or defendant Fudala distribute products referenced below to defendant Adorama and also distribute such products directly.

11. Upon information and belief, defendant Sirui distributes products referenced below to defendant Adorama and also distribute such products directly.

JURISDICTION AND VENUE

12. This is an action for patent infringement arising under the provisions of the Patent

Laws of the United States of America, Title 35, United States Code.

13. Subject-matter jurisdiction over Plaintiff’s claims is conferred upon this Court by

28 U.S.C. §§ 1331 and 1338(a).

14. On Information and belief, each defendant has solicited business in the State of

Oregon, transacted business within the State of Oregon and attempted to derive financial benefit

from residents of the State of Oregon, including benefits directly related to the instant patent

infringement cause of action set forth herein.

15. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b), (c), and (d)

and 1400(b).

THE PATENTS

16. The United States Patent and Trademark Office issued the ‘172 Patent on August

10, 2004 (see Exhibit A). Through assignment, Plaintiff is the owner of all right, title, and

interest in the ‘172 Patent, including all rights to pursue and collect damages for past

4 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 5 of 74

infringement.

17. The United States Patent and Trademark Office issued the ‘397 Patent on June 23,

2015 (see Exhibit B). A certificate of correction for the ‘397 Patent was issued by the patent office on February 2, 2016. Through assignment, Plaintiff is the owner of all right, title, and interest in the ‘397 Patent, including all rights to pursue and collect damages for past infringement.

18. The United States Patent and Trademark Office issued the ‘574 Patent on

September 9, 2014 (see Exhibit C). Through assignment, Plaintiff is the owner of all right, title, and interest in the ‘574 Patent, including all rights to pursue and collect damages for past infringement.

19. The United States Patent and Trademark Office issued the ‘963 Patent on August

4, 2015 (see Exhibit D). Through assignment, Plaintiff is the owner of all right, title, and interest in the ‘963 Patent, including all rights to pursue and collect damages for past infringement.

20. The United States Patent and Trademark Office issued the ‘067 Patent on March

29, 2016 (see Exhibit E). A certificate of correction for the ‘067 Patent was issued by the patent office on July 19, 2016. Through assignment, Plaintiff is the owner of all right, title, and interest in the ‘067 Patent, including all rights to pursue and collect damages for past infringement.

21. The United States Patent and Trademark Office issued the ‘068 Patent on March

29, 2016 (see Exhibit F). Through assignment, Plaintiff is the owner of all right, title, and interest in the ‘068 Patent, including all rights to pursue and collect damages for past infringement.

22. The United States Patent and Trademark Office issued the ‘069 Patent on March

29, 2016 (see Exhibit G). Through assignment, Plaintiff is the owner of all right, title, and

5 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 6 of 74

interest in the ‘069 Patent, including all rights to pursue and collect damages for past

infringement.

23. The United States Patent and Trademark Office issued the ‘52574 Patent on June

9, 2015 (see Exhibit H). Through assignment, Plaintiff is the owner of all right, title, and interest in the ‘52574 Patent, including all rights to pursue and collect damages for past infringement.

24. The United States Patent and Trademark Office issued the ‘039 Patent on March

8, 2016 (see Exhibit I). Through assignment, Plaintiff is the owner of all right, title, and interest in the ‘039 Patent, including all rights to pursue and collect damages for past infringement.

25. The United States Patent and Trademark Office issued the ‘962 Patent on August

4, 2015 (see Exhibit J). Through assignment, Plaintiff is the owner of all right, title, and interest in the ‘962 Patent, including all rights to pursue and collect damages for past infringement.

FIRST CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘172 Patent) (Against defendant Adorama) 26. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

25 above and further alleges as follows:

27. The United States Patent and Trademark Office issued the ‘172 patent on August

10, 2004. Through assignment, Plaintiff is the owner of the ‘172 Patent with full rights to recover royalties or damages for infringement of said patent, including full rights to recover past and future damages.

28. The ‘172 Patent is presumed valid.

29. Upon information and belief, Adorama, directly or through intermediaries, infringed one or more claims of the ‘172 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale quick-release

6 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 7 of 74

clamps for photographic equipment, including but not limited to such clamps identified as

 SUNWAYFOTO DDC-42LR;

 SUNWAYFOTO DDC-50LR;

 SUNWAYFOTO DDC-60LR;

 SUNWAYFOTO DLC-60LX;

 SUNWAYFOTO XB-44DL;

 SUNWAYFOTO FB-36IIDL;

 SUNWAYFOTO XB-52DL;

 SUNWAYFOTO FB-44IIDL;

 SUNWAYFOTO DYH-90R+DLC-60L;

 SUNWAYFOTO DYH-90I+DLC-60L;

 SUNWAYFOTO DMP-200LR;

 SUNWAYFOTO DMC-200L;

 SUNWAYFOTO DMC-200LR;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

30. Adorama is liable for infringement of the ‘172 Patent under 35 U.S.C. § 271.

31. Adorama was previously notified of and/or had knowledge of the ‘172 Patent.

Despite such notice and/or knowledge, Adorama has continued to infringe the ‘172 Patent. On information and belief, Adorama’s infringement of the ‘172 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

32. Plaintiff has been damaged by Adorama’s infringements of the ‘172 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

7 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 8 of 74

Adorama is enjoined from continuing to infringe the ‘172 Patent.

33. Plaintiff is entitled to recover damages from Adorama to compensate it for the infringement.

SECOND CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘397 Patent) (Against defendant Adorama) 34. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

33 above and further alleges as follows:

35. The United States Patent and Trademark Office issued the ‘397 Patent on June 23,

2015. Through assignment, Plaintiff is the owner of the ‘397 Patent with full rights to recover royalties or damages for infringement of said patent, including full rights to recover past and future damages.

36. The ‘397 Patent is presumed valid.

37. Upon information and belief, Adorama, directly or through intermediaries, infringed one or more claims of the ‘397 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale panoramic camera mounts for photographic equipment, including but not limited to such mounts identified as

 SUNWAYFOTO DDH-04;

 SUNWAYFOTO DDH-04N;

 SUNWAYFOTO DDH-05;

 SUNWAYFOTO DDH-05N;

 SUNWAYFOTO DDH-07;

 SUNWAYFOTO DDH-07N;

 SUNWAYFOTO IRC-64;

8 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 9 of 74

 SUNWAYFOTO PC-4;

 SUNWAYFOTO PANO-1;

 SUNWAYFOTO PANO-2;

 SUNWAYFOTO PANO-4;

 SUNWAYFOTO 3D-2;

 SUNWAYFOTO FB-28iDDHi;

 SUNWAYFOTO XB-44DDHX ;

 SUNWAYFOTO XB-52DDHi ;

 BENRO PC0;

 BENRO PC1;

 BENRO DP70;

 BENRO MP80;

 NOVOFLEX PANORAMA=Q;

 NOVOFLEX PANORAMA=Q PRO;

 NOVOFLEX PANORAMA PLATE Q48 BASE WITH Q-MOUNT;

 NOVOFLEX PANORAMA PLATE Q6/8 II WITH Q-MOUNT;

 NOVOFLEX PANORAMA PLATE QPRO II BASE;

 NOVOFLEX PANORAMA PLATE Q6/8 BASE WITH Q-MOUNT;

 NOVOFLEX PANORAMA=Q PRO II ARCA-TYPE QUICK RELEASE

PLATE;

 NOVOFLEX VR-SYSTEM III SINGLE ROW PANORAMA SYSTEM;

 NOVOFLEX VR-SYSTEM 6/8;

 NOVOFLEX VR-SYSTEM PRO II;

9 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 10 of 74

 NOVOFLEX PANORAMA PLATE VRII BASE WITH QUICK RELEASE;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

38. Adorama is liable for infringement of the ‘397 Patent under 35 U.S.C. § 271.

39. Adorama was previously notified of and/or had knowledge of the ‘397 Patent.

Despite such notice and/or knowledge, Adorama has continued to infringe of the ‘397 Patent.

On information and belief, Adorama’s infringement of the ‘397 Patent has therefore been with

notice and knowledge of the patent and has been willful and deliberate.

40. Plaintiff has been damaged by Adorama’s infringements of the ‘397 Patent and

will suffer additional irreparable damage and impairment of the value of its patent rights unless

Adorama is enjoined from continuing to infringe the ‘397 Patent.

41. Plaintiff is entitled to recover damages from Adorama to compensate it for the

infringement.

THIRD CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘574 Patent) (Against all defendants) 42. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

41 above and further alleges as follows:

43. The United States Patent and Trademark Office issued the ‘574 Patent on

September 9, 2014. Through assignment, Plaintiff is the owner of the ‘574 Patent with full rights

to recover royalties or damages for infringement of said patent, including full rights to recover past and future damages.

44. The ‘574 Patent is presumed valid.

45. Upon information and belief, Adorama, directly or through intermediaries, infringed one or more claims of the ‘574 Patent, by or through making, having made, using,

10 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 11 of 74

importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

11 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 12 of 74

 ProMediaGear Sony Alpha a7 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 Jobu Design L Bracket for Canon 1Dx;

 Jobu Design L Bracket for Canon 1Ds;

 Sunwayfoto PML-DP Bracket;

 Sunwayfoto PFL-XE1 Bracket;

 Sunwayfoto PSL-A7II Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PSL-A7IINR Bracket;

 Sunwayfoto PSL-A7RII Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto DPL-06 Bracket;

 Sunwayfoto DPL-06R Bracket;

 Sunwayfoto PCL-1DXII Bracket;

 Sunwayfoto PFL-XE1 Bracket;

 Sunwayfoto PSL-A6300R Bracket;

 3 Legged Thing 100mm L Bracket Release Plate;

 Sirui TY-A7IIL L Bracket;

 Sirui TY-XT1L L Bracket and are not a staple article or commodity of commerce suitable for substantial non-infringing use, and are especially made or especially adapted for use in an infringement.

46. Adorama is liable for infringement of the ‘574 Patent under 35 U.S.C. § 271.

12 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 13 of 74

47. Adorama was previously notified of and/or had knowledge of the ‘574 patent.

Despite such notice and/or knowledge, Adorama has continued to infringe the ‘574 Patent. On information and belief, Adorama’s infringement of the ‘574 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

48. Plaintiff has been damaged by Adorama’s infringements of the ‘574 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Adorama is enjoined from continuing to infringe the ‘574 Patent.

49. Plaintiff is entitled to recover damages from Adorama to compensate it for the infringement.

50. Upon information and belief, ProMediaGear, directly or through intermediaries, infringed one or more claims of the ‘574 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

13 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 14 of 74

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Sony Alpha a7 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket;

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

 ProMediaGear Nikon D600 D610 Body L-Bracket;

 ProMediaGear Nikon D800 D810 Body L-Bracket; and are not a staple article or commodity of commerce suitable for substantial non-infringing use, and are especially made or especially adapted for use in an infringement.

51. ProMediaGear is liable for infringement of the ‘574 Patent under 35 U.S.C. § 271.

14 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 15 of 74

52. ProMediaGear was previously notified of and/or had knowledge of the ‘574

Patent. Despite such notice and/or knowledge, ProMediaGear has continued to infringe the ‘574

Patent. On information and belief, ProMediaGear’s infringement of the ‘574 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

53. Plaintiff has been damaged by ProMediaGear’s infringements of the ‘574 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless ProMediaGear is enjoined from continuing to infringe the ‘574 Patent.

54. Plaintiff is entitled to recover damages from ProMediaGear to compensate it for the infringement.

55. Upon information and belief, Desmond Photographic, directly or through intermediaries, infringed one or more claims of the ‘574 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Leofoto LPF-XT1 Bracket;

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

 Leofoto LPS-DPXM Bracket;

 Leofoto LPO-EM5II Bracket;

 Leofoto LPF-XE1 Bracket;

 Leofoto MPU-100 Bracket;

 Leofoto LPS-A6300 Bracket;

 Leofoto LPS-A6300i Bracket;

15 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 16 of 74

 Leofoto LPS-RX1 Bracket;

 Leofoto LPF-XT10 Bracket;

 Leofoto LPC-760D Bracket;

 Sunwayfoto PFL-XE1R Bracket;

 Sunwayfoto PFL-XT1 Bracket

 Sunwayfoto PSL-a7IINR Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

 Sunwayfoto PSL-A6300 Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

 Desmond Modular L Plate DAL-2;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

56. Desmond Photographic is liable for infringement of the ‘574 Patent under 35

U.S.C. § 271.

57. Desmond Photographic was previously notified of and/or had knowledge of the

‘574 Patent. Despite such notice and/or knowledge, Desmond Photographic has continued to

infringe the ‘574 Patent. On information and belief Desmond Photographic’s infringement of the

‘574 Patent has therefore been with notice and knowledge of the patent and has been willful and

deliberate.

16 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 17 of 74

58. Plaintiff has been damaged by Desmond Photographic’s infringements of the ‘574

Patent and will suffer additional irreparable damage and impairment of the value of its patent

rights unless Desmond Photographic is enjoined from continuing to infringe the ‘574 Patent.

59. Plaintiff is entitled to recover damages from Desmond Photographic to compensate it for the infringement.

60. Upon information and belief, Fudala, directly or through intermediaries, infringed one or more claims of the ‘574 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

17 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 18 of 74

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Sony Alpha a7 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20 ;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket;

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

 ProMediaGear Nikon D600 D610 Body L-Bracket;

61. Fudala is liable for infringement of the ‘574 Patent under 35 U.S.C. § 271.

62. Fudala was previously notified of and/or had knowledge of the ‘574 Patent.

Despite such notice and/or knowledge, Fudala has continued to infringe the ‘574 Patent. On information and belief, Fudala’s infringement of the ‘574 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

18 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 19 of 74

63. Plaintiff has been damaged by Fudala’s infringements of the ‘574 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Fudala is enjoined from continuing to infringe the ‘574 Patent.

64. Plaintiff is entitled to recover damages from Fudala to compensate it for the infringement.

65. Upon information and belief, Simmonds, directly or through intermediaries, infringed one or more claims of the ‘574 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Leofoto LPF-XT1 Bracket;

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

 Leofoto LPS-DPXM Bracket;

 Leofoto LPO-EM5II Bracket;

 Leofoto LPF-XE1 Bracket;

 Leofoto MPU-100 Bracket;

 Leofoto LPS-A6300 Bracket;

 Leofoto LPS-A6300i Bracket;

 Leofoto LPS-RX1 Bracket;

 Leofoto LPF-XT10 Bracket;

 Leofoto LPC-760D Bracket;

 Sunwayfoto PFL-XE1R Bracket;

19 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 20 of 74

 Sunwayfoto PFL-XT1 Bracket;

 Sunwayfoto PSL-a7IINR Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

 Sunwayfoto PSL-A6300 Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

 Desmond Modular L Plate DAL-2; and are not a staple article or commodity of commerce suitable for substantial non-infringing use, and are especially made or especially adapted for use in an infringement.

66. Simmonds is liable for infringement of the ‘574 Patent under 35 U.S.C. § 271.

67. Simmonds was previously notified of and/or had knowledge of the ‘574 Patent.

Despite such notice and/or knowledge, Simmonds has continued to infringe the ‘574 Patent. On information and belief, Simmonds’s infringement of the ‘574 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

68. Plaintiff has been damaged by Simmonds’s infringements of the ‘574 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Simmonds is enjoined from continuing to infringe the ‘574 Patent.

69. Plaintiff is entitled to recover damages from Simmonds to compensate it for the infringement.

70. Upon information and belief, Sirui, directly or through intermediaries, infringed one or more claims of the ‘574 Patent, by or through making, having made, using, importing,

20 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 21 of 74

providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Sirui TY-A7IIL L Bracket;

 Sirui TY-XT1L L Bracket; and are not a staple article or commodity of commerce suitable for substantial non-infringing use, and are especially made or especially adapted for use in an infringement.

71. Sirui is liable for infringement of the ‘574 Patent under 35 U.S.C. § 271.

72. Sirui was previously notified of and/or had knowledge of the ‘574 Patent. Despite such notice and/or knowledge, Sirui has continued to infringe the ‘574 Patent. On information and belief, Sirui’s infringement of the ‘574 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

73. Plaintiff has been damaged by Sirui’s infringements of the ‘574 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Simmonds is enjoined from continuing to infringe the ‘574 Patent.

74. Plaintiff is entitled to recover damages from Sirui to compensate it for the infringement.

FOURTH CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘963 Patent) (Against all defendants) 75. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

74 above and further alleges as follows:

76. The United States Patent and Trademark Office issued the ‘963 Patent on August

4, 2015. Through assignment, Plaintiff is the owner of the ‘963 Patent with full rights to recover royalties or damages for infringement of said patent, including full rights to recover past and future damages.

21 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 22 of 74

77. The ‘963 Patent is presumed valid.

78. Upon information and belief, Adorama, directly or through intermediaries, infringed one or more claims of the ‘963 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L

Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

22 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 23 of 74

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Nikon D5 ;

 ProMediaGear Canon 5D Mark IV BG-E20;

 Jobu Design L Bracket for Canon 1Dx;

 Jobu Design L Bracket for Canon 1Ds;

 Sunwayfoto PML-DP Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PSL-A7IINR Bracket;

 Sunwayfoto PSL-A7RII Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto DPL-06 Bracket;

 Sunwayfoto DPL-06R Bracket;

 Sunwayfoto PCL-1DXII Bracket;

 Sunwayfoto PFL-XE1 Bracket;

 3 Legged Thing 100mm L Bracket Release Plate;

 Sirui TY-A7IIL L Bracket; and are not a staple article or commodity of commerce suitable for substantial non-infringing use, and are especially made or especially adapted for use in an infringement.

79. Adorama is liable for infringement of the ‘963 Patent under 35 U.S.C. § 271.

23 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 24 of 74

80. Adorama was previously notified of and/or had knowledge of the ‘963 Patent.

Despite such notice and/or knowledge, Adorama has continued to infringe the ‘963 Patent. On information and belief, Adorama’s infringement of the ‘963 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

81. Plaintiff has been damaged by Adorama’s infringements of the ‘963 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Adorama is enjoined from continuing to infringe the ‘963 Patent.

82. Plaintiff is entitled to recover damages from Adorama to compensate it for the infringement.

83. Upon information and belief, ProMediaGear, directly or through intermediaries, infringed one or more claims of the ‘963 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

24 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 25 of 74

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket ;

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

 ProMediaGear Nikon D600 D610 Body L-Bracket;

84. ProMediaGear is liable for infringement of the ‘963 Patent under 35 U.S.C. § 271.

25 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 26 of 74

85. ProMediaGear was previously notified of and/or had knowledge of the ‘963

Patent. Despite such notice and/or knowledge, ProMediaGear has continued to infringe the ‘963

Patent. On information and belief, ProMediaGear’s infringement of the ‘963 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

86. Plaintiff has been damaged by ProMediaGear’s infringements of the ‘963 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless ProMediaGear is enjoined from continuing to infringe the ‘963 Patent.

87. Plaintiff is entitled to recover damages from ProMediaGear to compensate it for the infringement.

88. Upon information and belief, Desmond Photographic directly or through intermediaries, infringed one or more claims of the ‘963 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

 Leofoto MPU-100 Bracket;

 Leofoto LPC-760D Bracket;

 Sunwayfoto PFL-XE1R Bracket;

 Sunwayfoto PFL-XT1 Bracket;

 Sunwayfoto PSL-a7IINR Bracket

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

26 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 27 of 74

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

 Desmond Modular L Plate DAL-2;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

89. Desmond Photographic is liable for infringement of the ‘963 Patent under 35

U.S.C. § 271.

90. Desmond Photographic was previously notified of and/or had knowledge of the

‘963 Patent. Despite such notice and/or knowledge, Desmond Photographic has continued to

infringe the ‘963 Patent. On information and belief, Desmond Photographic’s infringement of

the ‘963 Patent has therefore been with notice and knowledge of the patent and has been willful

and deliberate.

91. Plaintiff has been damaged by Desmond Photographic’s infringements of the ‘963

Patent and will suffer additional irreparable damage and impairment of the value of its patent

rights unless Desmond Photographic is enjoined from continuing to infringe the ‘963 Patent.

92. Plaintiff is entitled to recover damages from Desmond Photographic to

compensate it for the infringement.

93. Upon information and belief, Fudala, directly or through intermediaries, infringed

one or more claims of the ‘963 Patent, by or through making, having made, using, importing,

providing, supplying, distributing, selling, and/or offering for sale brackets for photographic

equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

27 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 28 of 74

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket ;

28 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 29 of 74

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

 ProMediaGear Nikon D600 D610 Body L-Bracket;

94. Fudala is liable for infringement of the ‘963 Patent under 35 U.S.C. § 271.

95. Fudala was previously notified of and/or had knowledge of the ‘963 Patent.

Despite such notice and/or knowledge, Fudala has continued to infringe the ‘963 Patent. On information and belief, Fudala’s infringement of the ‘963 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

96. Plaintiff has been damaged by Fudala’s infringements of the ‘963 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Fudala is enjoined from continuing to infringe the ‘963 Patent.

97. Plaintiff is entitled to recover damages from Fudala to compensate it for the infringement.

98. Upon information and belief, Simmonds directly or through intermediaries, infringed one or more claims of the ‘963 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

29 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 30 of 74

 Leofoto MPU-100 Bracket;

 Leofoto LPC-760D Bracket;

 Sunwayfoto PFL-XE1R Bracket;

 Sunwayfoto PFL-XT1 Bracket;

 Sunwayfoto PSL-a7IINR Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

 Desmond Modular L Plate DAL-2;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

99. Simmonds is liable for infringement of the ‘963 Patent under 35 U.S.C. § 271.

100. Simmonds was previously notified of and/or had knowledge of the ‘963 Patent.

Despite such notice and/or knowledge, Simmonds has continued to infringe the ‘963 Patent. On

information and belief, Simmonds’ infringement of the ‘963 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

101. Plaintiff has been damaged by Simmonds’ infringements of the ‘963 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Simmonds is enjoined from continuing to infringe the ‘963 Patent.

102. Plaintiff is entitled to recover damages from Simmonds to compensate it for the infringement.

30 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 31 of 74

103. Upon information and belief, Sirui, directly or through intermediaries, infringed one or more claims of the ‘963 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Sirui TY-A7IIL L Bracket; and is not a staple article or commodity of commerce suitable for substantial non-infringing use, and is especially made or especially adapted for use in an infringement.

104. Sirui is liable for infringement of the ‘963 Patent under 35 U.S.C. § 271.

105. Sirui was previously notified of and/or had knowledge of the ‘963 Patent. Despite such notice and/or knowledge, Sirui has continued to infringe the ‘963 Patent. On information and belief, Sirui’s infringement of the ‘963 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

106. Plaintiff has been damaged by Sirui’s infringements of the ‘963 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless Sirui is enjoined from continuing to infringe the ‘963 Patent.

107. Plaintiff is entitled to recover damages from Sirui to compensate it for the infringement.

FIFTH CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘067 Patent) (Against all defendants) 108. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

107 above and further alleges as follows:

109. The United States Patent and Trademark Office issued the ‘067 Patent on March

29, 2016. Through assignment, Plaintiff is the owner of the ‘067 Patent with full rights to

31 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 32 of 74

recover royalties or damages for infringement of said patent, including full rights to recover past and future damages.

110. The ‘067 Patent is presumed valid.

111. Upon information and belief, Adorama, directly or through intermediaries, infringed one or more claims of the ‘067 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

32 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 33 of 74

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Sony Alpha a7 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 Jobu Design L Bracket for Canon 1Dx;

 Jobu Design L Bracket for Canon 1Ds;

 Sunwayfoto PML-DP Bracket;

 Sunwayfoto PFL-XE1 Bracket;

 Sunwayfoto PSL-A7II Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PSL-A7IINR Bracket;

 Sunwayfoto PSL-A7RII Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto DPL-06 Bracket;

 Sunwayfoto DPL-06R Bracket;

 Sunwayfoto PCL-1DXII Bracket;

 Sunwayfoto PFL-XE1 Bracket;

 Sunwayfoto PSL-A6300R Bracket;

 3 Legged Thing 100mm L Bracket Release Plate;

33 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 34 of 74

 Sirui TY-A7IIL L Bracket;

 Sirui TY-XT1L L Bracket;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

112. Adorama is liable for infringement of the ‘067 Patent under 35 U.S.C. § 271.

113. Adorama was previously notified of and/or had knowledge of the ‘067 Patent.

Despite such notice and/or knowledge, Adorama has continued to infringe the ‘067 Patent. On information and belief, Adorama’s infringement of the ‘067 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

114. Plaintiff has been damaged by Adorama’s infringements of the ‘067 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Adorama is enjoined from continuing to infringe the ‘067 Patent.

115. Plaintiff is entitled to recover damages from Adorama to compensate it for the

infringement.

116. Upon information and belief, ProMediaGear, directly or through intermediaries,

infringed one or more claims of the ‘067 Patent, by or through making, having made, using,

importing, providing, supplying, distributing, selling, and/or offering for sale brackets for

photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

34 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 35 of 74

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Sony Alpha a7 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket;

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

35 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 36 of 74

 ProMediaGear Nikon D600 D610 Body L-Bracket;

 ProMediaGear Nikon D800 D810 Body L-Bracket;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

117. ProMediaGear is liable for infringement of the ‘067 Patent under 35 U.S.C. § 271.

118. ProMediaGear was previously notified of and/or had knowledge of the ‘067

Patent. Despite such notice and/or knowledge, ProMediaGear has continued to infringe the ‘067

Patent. On information and belief ProMediaGear’s infringement of the ‘067 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

119. Plaintiff has been damaged by ProMediaGear’s infringements of the ‘067 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless ProMediaGear is enjoined from continuing to infringe the ‘067 Patent.

120. Plaintiff is entitled to recover damages from ProMediaGear to compensate it for

the infringement.

121. Upon information and belief, Desmond Photographic, directly or through

intermediaries, infringed one or more claims of the ‘067 Patent, by or through making, having

made, using, importing, providing, supplying, distributing, selling, and/or offering for sale

brackets for photographic equipment, including but not limited to such brackets identified as:

 Leofoto LPF-XT1 Bracket;

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

 Leofoto LPS-DPXM Bracket;

36 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 37 of 74

 Leofoto LPO-EM5II Bracket;

 Leofoto LPF-XE1 Bracket;

 Leofoto MPU-100 Bracket;

 Leofoto LPS-A6300 Bracket;

 Leofoto LPS-A6300i Bracket;

 Leofoto LPS-RX1 Bracket;

 Leofoto LPF-XT10 Bracket;

 Leofoto LPC-760D Bracket;

 Sunwayfoto PFL-XE1R Bracket;

 Sunwayfoto PFL-XT1 Bracket;

 Sunwayfoto PSL-a7IINR Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

 Sunwayfoto PSL-A6300 Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

 Desmond Modular L Plate DAL-2;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

122. Desmond Photographic is liable for infringement of the ‘067 Patent under 35

U.S.C. § 271.

123. Desmond Photographic was previously notified of and/or had knowledge of the

‘067 Patent. Despite such notice and/or knowledge, Desmond Photographic has continued to

37 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 38 of 74

infringe the ‘067 Patent. On information and belief, Desmond Photographic’s infringement of the

‘067 Patent has therefore been with notice and knowledge of the patent and has been willful and

deliberate.

124. Plaintiff has been damaged by Desmond Photographic’s infringements of the ‘067

Patent and will suffer additional irreparable damage and impairment of the value of its patent

rights unless Desmond Photographic is enjoined from continuing to infringe the ‘067 Patent.

125. Plaintiff is entitled to recover damages from Desmond Photographic to compensate it for the infringement.

126. Upon information and belief, Fudala, directly or through intermediaries, infringed one or more claims of the ‘067 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

38 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 39 of 74

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Sony Alpha a7 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket ;

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

 ProMediaGear Nikon D600 D610 Body L-Bracket;

127. Fudala is liable for infringement of the ‘067 Patent under 35 U.S.C. § 271.

39 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 40 of 74

128. Fudala was previously notified of and/or had knowledge of the ‘067 Patent.

Despite such notice and/or knowledge, Fudala has continued to infringe the ‘067 Patent. On information and belief, Fudala’s infringement of the ‘067 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

129. Plaintiff has been damaged by Fudala’s infringements of the ‘067 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Fudala is enjoined from continuing to infringe the ‘067 Patent.

130. Plaintiff is entitled to recover damages from Fudala to compensate it for the infringement.

131. Upon information and belief, Simmonds, directly or through intermediaries, infringed one or more claims of the ‘067 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Leofoto LPF-XT1 Bracket;

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

 Leofoto LPS-DPXM Bracket;

 Leofoto LPO-EM5II Bracket;

 Leofoto LPF-XE1 Bracket;

 Leofoto MPU-100 Bracket;

 Leofoto LPS-A6300 Bracket;

 Leofoto LPS-A6300i Bracket;

40 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 41 of 74

 Leofoto LPS-RX1 Bracket;

 Leofoto LPF-XT10 Bracket;

 Leofoto LPC-760D Bracket

 Sunwayfoto PFL-XE1R Bracket;

 Sunwayfoto PFL-XT1 Bracket;

 Sunwayfoto PSL-a7IINR Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

 Sunwayfoto PSL-A6300 Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

 Desmond Modular L Plate DAL-2;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

132. Simmonds is liable for infringement of the ‘067 Patent under 35 U.S.C. § 271.

133. Simmonds was previously notified of and/or had knowledge of the ‘067 Patent.

Despite such notice and/or knowledge, Simmonds has continued to infringe the ‘067 Patent. On

information and belief, Simmonds’ infringement of the ‘067 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

134. Plaintiff has been damaged by Simmonds’ infringements of the ‘067 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Simmonds is enjoined from continuing to infringe the ‘067 Patent.

41 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 42 of 74

135. Plaintiff is entitled to recover damages from Simmonds to compensate it for the infringement.

136. Upon information and belief, Sirui, directly or through intermediaries, infringed one or more claims of the ‘067 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Sirui TY-A7IIL L Bracket;

137. Sirui is liable for infringement of the ‘067 Patent under 35 U.S.C. § 271.

138. Sirui was previously notified of and/or had knowledge of the ‘067 Patent. Despite such notice and/or knowledge, Sirui has continued to infringe the ‘067 Patent. On information and belief, Sirui’s infringement of the ‘067 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

139. Plaintiff has been damaged by Sirui’s infringements of the ‘067 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Simmonds is enjoined from continuing to infringe the ‘067 Patent.

140. Plaintiff is entitled to recover damages from Sirui to compensate it for the infringement.

SIXTH CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘068 Patent) (Against all defendants) 141. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

140 above and further alleges as follows:

42 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 43 of 74

142. The United States Patent and Trademark Office issued the ‘068 patent on March

29, 2016. Through assignment, Plaintiff is the owner of the ‘068 Patent with full rights to recover royalties or damages for infringement of said patent, including full rights to recover past and future damages.

143. The ‘068 Patent is presumed valid.

144. Upon information and belief, Adorama, directly or through intermediaries, infringed one or more claims of the ‘068 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

43 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 44 of 74

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L

Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20 ;

 Jobu Design L Bracket for Canon 1Dx;

 Jobu Design L Bracket for Canon 1Ds;

 Sunwayfoto PML-DP Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PSL-A7IINR Bracket;

 Sunwayfoto PSL-A7RII Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto DPL-06 Bracket;

 Sunwayfoto DPL-06R Bracket;

 Sunwayfoto PCL-1DXII Bracket;

 Sunwayfoto PFL-XE1 Bracket;

 3 Legged Thing 100mm L Bracket Release Plate;

44 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 45 of 74

 Sirui TY-A7IIL L Bracket;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

145. Adorama is liable for infringement of the ‘068 Patent under 35 U.S.C. § 271.

146. Adorama was previously notified of and/or had knowledge of the ‘068 Patent.

Despite such notice and/or knowledge, Adorama has continued to infringe the ‘068 Patent. On information and belief, Adorama’s infringement of the ‘068 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

147. Plaintiff has been damaged by Adorama’s infringements of the ‘068 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Adorama is enjoined from continuing to infringe the ‘068 Patent.

148. Plaintiff is entitled to recover damages from Adorama to compensate it for the

infringement.

149. Upon information and belief, ProMediaGear, directly or through intermediaries,

infringed one or more claims of the ‘068 Patent, by or through making, having made, using,

importing, providing, supplying, distributing, selling, and/or offering for sale brackets for

photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

45 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 46 of 74

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket ;

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

 ProMediaGear Nikon D600 D610 Body L-Bracket;

 ProMediaGear Nikon D800 D810 Body L-Bracket;

46 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 47 of 74

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

150. ProMediaGear is liable for infringement of the ‘068 Patent under 35 U.S.C. § 271.

151. ProMediaGear was previously notified of and/or had knowledge of the ‘068

Patent. Despite such notice and/or knowledge, ProMediaGear has continued to infringe the ‘068

Patent. On information and belief, ProMediaGear’s infringement of the ‘068 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

152. Plaintiff has been damaged by ProMediaGear’s infringements of the ‘068 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless ProMediaGear is enjoined from continuing to infringe the ‘068 Patent.

153. Plaintiff is entitled to recover damages from ProMediaGear to compensate it for

the infringement.

154. Upon information and belief, Desmond Photographic, directly or through

intermediaries, infringed one or more claims of the ‘068 Patent, by or through making, having

made, using, importing, providing, supplying, distributing, selling, and/or offering for sale

brackets for photographic equipment, including but not limited to such brackets identified as:

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

 Leofoto MPU-100 Bracket;

 Leofoto LPC-760D Bracket;

 Sunwayfoto PFL-XE1R Bracket;

 Sunwayfoto PFL-XT1 Bracket;

47 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 48 of 74

 Sunwayfoto PSL-a7IINR Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

 Desmond Modular L Plate DAL-2;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

155. Desmond Photographic is liable for infringement of the ‘068 Patent under 35

U.S.C. § 271.

156. Desmond Photographic was previously notified of and/or had knowledge of the

‘068 Patent. Despite such notice and/or knowledge, Desmond Photographic has continued to

infringe the ‘068 Patent. On information and belief, Desmond Photographic’s infringement of the

‘068 Patent has therefore been with notice and knowledge of the patent and has been willful and

deliberate.

157. Plaintiff has been damaged by Desmond Photographic’s infringements of the ‘068

Patent and will suffer additional irreparable damage and impairment of the value of its patent

rights unless Desmond Photographic is enjoined from continuing to infringe the ‘068 Patent.

158. Plaintiff is entitled to recover damages from Desmond Photographic to compensate it for the infringement.

159. Upon information and belief, Fudala, directly or through intermediaries, infringed one or more claims of the ‘068 Patent, by or through making, having made, using, importing,

48 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 49 of 74

providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

49 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 50 of 74

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket;

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

 ProMediaGear Nikon D600 D610 Body L-Bracket;

 ProMediaGear Nikon D800 D810 Body L-Bracket;\

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

160. Fudala is liable for infringement of the ‘068 Patent pursuant to 35 U.S.C. § 271.

161. Fudala was previously notified of and/or had knowledge of the ‘068 Patent.

Despite such notice and/or knowledge, Fudala has continued to infringe the ‘068 Patent. On information and belief, Fudala’s infringement of the ‘068 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

162. Plaintiff has been damaged by Fudala’s infringements of the ‘068 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Fudala is enjoined from continuing to infringe the ‘068 Patent.

163. Plaintiff is entitled to recover damages from Fudala to compensate it for the infringement.

164. Upon information and belief, Simmonds, directly or through intermediaries, infringed one or more claims of the ‘068 Patent, by or through making, having made, using,

50 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 51 of 74

importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

 Leofoto MPU-100 Bracket;

 Leofoto LPC-760D Bracket;

 Sunwayfoto PFL-XE1R Bracket;

 Sunwayfoto PFL-XT1 Bracket;

 Sunwayfoto PSL-a7IINR Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

165. Simmonds is liable for infringement of the ‘068 Patent under 35 U.S.C. § 271.

166. Simmonds was previously notified of and/or had knowledge of the ‘068 Patent.

Despite such notice and/or knowledge, Simmonds has continued to infringe the ‘068 Patent. On information and belief, Simmonds’ infringement of the ‘068 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

51 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 52 of 74

167. Plaintiff has been damaged by Simmonds’ infringements of the ‘068 Patent and

will suffer additional irreparable damage and impairment of the value of its patent rights unless

Simmonds is enjoined from continuing to infringe the ‘068 Patent.

168. Plaintiff is entitled to recover damages from Simmonds to compensate it for the

infringement.

169. Upon information and belief, Sirui, directly or through intermediaries, infringed

one or more claims of the ‘068 Patent, by or through making, having made, using, importing,

providing, supplying, distributing, selling, and/or offering for sale brackets for photographic

equipment, including but not limited to such brackets identified as:

Sirui TY-A7IIL L Bracket;

and is not a staple article or commodity of commerce suitable for substantial non-

infringing use, and is especially made or especially adapted for use in an infringement.

170. Sirui is liable for infringement of the ‘068 Patent under 35 U.S.C. § 271.

171. Sirui was previously notified of and/or had knowledge of the ‘068 Patent. Despite such notice and/or knowledge, Sirui has continued to infringe the ‘068 Patent. On information and belief, Sirui’s infringement of the ‘068 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

172. Plaintiff has been damaged by Sirui’s infringements of the ‘068 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Simmonds is enjoined from continuing to infringe the ‘068 Patent.

173. Plaintiff is entitled to recover damages from Sirui to compensate it for the infringement.

52 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 53 of 74

SEVENTH CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘069 Patent) (Against all defendants) 174. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

173 above and further alleges as follows:

175. The United States Patent and Trademark Office issued the ‘069 Patent on March

29, 2016. Through assignment, Plaintiff is the owner of the ‘069 Patent with full rights to recover royalties or damages for infringement of said patent, including full rights to recover past and future damages.

176. The ‘069 Patent is presumed valid.

177. Upon information and belief, Adorama, directly or through intermediaries, infringed one or more claims of the ‘069 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

53 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 54 of 74

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L

Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Sony Alpha a7 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 Sunwayfoto PML-DP Bracket;

 Sunwayfoto PFL-XE1 Bracket;

 Sunwayfoto PSL-A7II Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PSL-A7IINR Bracket;

 Sunwayfoto PSL-A7RII Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto DPL-06 Bracket;

54 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 55 of 74

 Sunwayfoto DPL-06R Bracket;

 Sunwayfoto PCL-1DXII Bracket;

 Sunwayfoto PFL-XE1 Bracket;

 Sunwayfoto PSL-A6300R Bracket;

 3 Legged Thing 100mm L Bracket Release Plate;

 Sirui TY-A7IIL L Bracket;

 Sirui TY-XT1L L Bracket;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

178. Adorama is liable for infringement of the ‘069 Patent under 35 U.S.C. § 271.

179. Adorama was previously notified of and/or had knowledge of the ‘069 Patent.

Despite such notice and/or knowledge, Adorama has continued to infringe the ‘069 Patent. On information and belief, Adorama’s infringement of the ‘069 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

180. Plaintiff has been damaged by Adorama’s infringements of the ‘069 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Adorama is enjoined from continuing to infringe the ‘069 Patent.

181. Plaintiff is entitled to recover damages from Adorama to compensate it for the

infringement.

182. Upon information and belief, ProMediaGear, directly or through intermediaries,

infringed one or more claims of the ‘069 Patent, by or through making, having made, using,

importing, providing, supplying, distributing, selling, and/or offering for sale brackets for

photographic equipment, including but not limited to such brackets identified as:

55 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 56 of 74

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Sony Alpha a7 L Bracket;

 ProMediaGear Nikon D5;

56 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 57 of 74

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket ;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket ;

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

 ProMediaGear Nikon D600 D610 Body L-Bracket;

 ProMediaGear Nikon D800 D810 Body L-Bracket;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

183. ProMediaGear is liable for infringement of the ‘069 Patent under 35 U.S.C. § 271.

184. ProMediaGear was previously notified of and/or had knowledge of the ‘069

Patent. Despite such notice and/or knowledge, ProMediaGear has continued to infringe the ‘069

Patent. On information and belief ProMediaGear’s infringement of the ‘069 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

185. Plaintiff has been damaged by ProMediaGear’s infringements of the ‘069 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless ProMediaGear is enjoined from continuing to infringe the ‘069 Patent.

186. Plaintiff is entitled to recover damages from ProMediaGear to compensate it for

the infringement.

187. Upon information and belief, Desmond Photographic, directly or through

intermediaries, infringed one or more claims of the ‘069 Patent, by or through making, having

made, using, importing, providing, supplying, distributing, selling, and/or offering for sale

brackets for photographic equipment, including but not limited to such brackets identified as:

57 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 58 of 74

 Leofoto LPF-XT1 Bracket;

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

 Leofoto LPS-DPXM Bracket;

 Leofoto LPO-EM5II Bracket

 Leofoto LPF-XE1 Bracket;

 Leofoto MPU-100 Bracket;

 Leofoto LPS-A6300 Bracket;

 Leofoto LPS-A6300i Bracket;

 Leofoto LPS-RX1 Bracket;

 Leofoto LPF-XT10 Bracket;

 Leofoto LPC-760D Bracket;

 Sunwayfoto PFL-XE1R Bracket;

 Sunwayfoto PFL-XT1 Bracket;

 Sunwayfoto PSL-a7IINR Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

 Sunwayfoto PSL-A6300 Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

 Desmond Modular L Plate DAL-2; and are not a staple article or commodity of commerce suitable for substantial non-infringing

58 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 59 of 74

use, and are especially made or especially adapted for use in an infringement.

188. Desmond Photographic is liable for infringement of the ‘069 Patent under 35

U.S.C. § 271.

189. Desmond Photographic was previously notified of and/or had knowledge of the

‘069 Patent. Despite such notice and/or knowledge, Desmond Photographic has continued to

infringe the ‘069 Patent. On information and belief, Desmond Photographic’s infringement of the

‘069 Patent has therefore been with notice and knowledge of the patent and has been willful and

deliberate.

190. Plaintiff has been damaged by Desmond Photographic’s infringements of the ‘069

Patent and will suffer additional irreparable damage and impairment of the value of its patent

rights unless Desmond Photographic is enjoined from continuing to infringe the ‘069 Patent.

191. Plaintiff is entitled to recover damages from Desmond Photographic to compensate it for the infringement.

192. Upon information and belief, Fudala, directly or through intermediaries, infringed one or more claims of the ‘069 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear 3" Universal L Bracket;

 ProMediaGear 4 Inch Universal L Bracket;

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon 5D Mark III DSLR L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

59 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 60 of 74

 ProMediaGear Canon 6D DSLR L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Canon 70D DSLR L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 DSLR L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D750 L Bracket;

 ProMediaGear Sony Alpha a7 L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Canon 5D Mark 4 Body L-Bracket Ara-Swiss type L Bracket ;

 ProMediaGear Sony Alpha a7 a7R Mark II Series L-Bracket Plate L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

 ProMediaGear Nikon D600 D610 Body L-Bracket;

60 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 61 of 74

 ProMediaGear Nikon D800 D810 Body L-Bracket;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

193. Fudala is liable for infringement of the ‘069 Patent under 35 U.S.C. § 271.

194. Fudala was previously notified of and/or had knowledge of the ‘069 Patent.

Despite such notice and/or knowledge, Fudala has continued to infringe the ‘069 Patent. On

information and belief Fudala’s infringement of the ‘069 Patent has therefore been with notice

and knowledge of the patent and has been willful and deliberate.

195. Plaintiff has been damaged by Fudala’s infringements of the ‘069 Patent and will

suffer additional irreparable damage and impairment of the value of its patent rights unless

Fudala is enjoined from continuing to infringe the ‘069 Patent.

196. Plaintiff is entitled to recover damages from Fudala to compensate it for the infringement.

197. Upon information and belief, Simmonds, directly or through intermediaries, infringed one or more claims of the ‘069 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Leofoto LPF-XT1 Bracket;

 Leofoto LPF-XPRO1 Bracket;

 Leofoto LPF-X100 Bracket;

 Leofoto LPF-XE2 Bracket;

 Leofoto LPS-DPXM Bracket;

 Leofoto LPO-EM5II Bracket;

61 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 62 of 74

 Leofoto LPF-XE1 Bracket;

 Leofoto MPU-100 Bracket;

 Leofoto LPS-A6300 Bracket

 Leofoto LPS-A6300i Bracket

 Leofoto LPS-RX1 Bracket;

 Leofoto LPF-XT10 Bracket;

 Leofoto LPC-760D Bracket;

 Sunwayfoto PFL-XE1R Bracket;

 Sunwayfoto PFL-XT1 Bracket;

 Sunwayfoto PSL-a7IINR Bracket;

 Sunwayfoto PFL-XPRO2 Bracket;

 Sunwayfoto PSL-a7RII Bracket;

 Sunwayfoto PSL-A6300 Bracket;

 Sunwayfoto PFL-XT1R Bracket;

 Sunwayfoto PPL-FZ1000R Bracket;

 Desmond Modular L Plate DAL-2;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

198. Simmonds is liable for infringement of the ‘069 Patent under 35 U.S.C. § 271.

199. Simmonds was previously notified of and/or had knowledge of the ‘069 Patent.

Despite such notice and/or knowledge, Simmonds has continued to infringe the ‘069 Patent. On

information and belief, Simmonds’ infringement of the ‘069 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

62 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 63 of 74

200. Plaintiff has been damaged by Simmonds’ infringements of the ‘069 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Simmonds is enjoined from continuing to infringe the ‘069 Patent.

201. Plaintiff is entitled to recover damages from Simmonds to compensate it for the infringement.

202. Upon information and belief, Sirui, directly or through intermediaries, infringed one or more claims of the ‘069 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Sirui TY-A7IIL L Bracket;

203. Sirui is liable for infringement of the ‘069 Patent under 35 U.S.C. § 271.

204. Sirui was previously notified of and/or had knowledge of the ‘069 Patent. Despite such notice and/or knowledge, Sirui has continued to infringe the ‘069 Patent. On information and belief, Sirui’s infringement of the ‘069 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

205. Plaintiff has been damaged by Sirui’s infringements of the ‘069 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Simmonds is enjoined from continuing to infringe the ‘069 Patent.

206. Plaintiff is entitled to recover damages from Sirui to compensate it for the infringement.

63 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 64 of 74

EIGHTH CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘52574 Patent) (Against defendants Adorama, ProMediaGear, and Fudala) 207. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

206 above and further alleges as follows:

208. The United States Patent and Trademark Office issued the ‘52574 Patent on June

9, 2015. Through assignment, Plaintiff is the owner of the ‘52574 Patent with full rights to recover royalties or damages for infringement of said patent, including full rights to recover past

and future damages.

209. The ‘52574 Patent is presumed valid.

210. Upon information and belief, Adorama, directly or through intermediaries,

infringed one or more claims of the ‘52574 Patent, by or through making, having made, using,

importing, providing, supplying, distributing, selling, and/or offering for sale brackets for

photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 Sunwayfoto PCL-1DXII Bracket;

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

211. Adorama is liable for infringement of the ‘52574 Patent under 35 U.S.C. § 271.

212. Adorama was previously notified of and/or had knowledge of the ‘52574 Patent.

Despite such notice and/or knowledge, Adorama has continued to infringe the ‘52574 Patent. On

64 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 65 of 74

information and belief, Adorama’s infringement of the ‘52574 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

213. Plaintiff has been damaged by Adorama’s infringements of the ‘52574 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Adorama is enjoined from continuing to infringe the ‘52574 Patent.

214. Plaintiff is entitled to recover damages from Adorama to compensate it for the infringement.

215. Upon information and belief, ProMediaGear, directly or through intermediaries, infringed one or more claims of the ‘52574 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket; and are not a staple article or commodity of commerce suitable for substantial non-infringing use, and are especially made or especially adapted for use in an infringement.

216. ProMediaGear is liable for infringement of the ‘52574 Patent under 35 U.S.C. §

271.

217. ProMediaGear was previously notified of and/or had knowledge of the ‘52574

Patent. Despite such notice and/or knowledge, ProMediaGear has continued to infringe the

65 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 66 of 74

‘52574 Patent. On information and belief, ProMediaGear’s infringement of the ‘52574 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

218. Plaintiff has been damaged by ProMediaGear’s infringements of the ‘52574

Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless ProMediaGear is enjoined from continuing to infringe the ‘52574 Patent.

219. Plaintiff is entitled to recover damages from ProMediaGear to compensate it for the infringement.

220. Upon information and belief, Fudala, directly or through intermediaries, infringed one or more claims of the ‘52574 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket

221. Fudala is liable for infringement of the ‘52574 Patent under 35 U.S.C. § 271.

222. Fudala was previously notified of and/or had knowledge of the ‘52574 Patent.

Despite such notice and/or knowledge, Fudala has continued to infringe the ‘52574 Patent. On information and belief, Fudala’s infringement of the ‘52574 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

66 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 67 of 74

223. Plaintiff has been damaged by Fudala’s infringements of the ‘52574 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Fudala is enjoined from continuing to infringe the ‘52574 Patent.

224. Plaintiff is entitled to recover damages from Fudala to compensate it for the infringement.

NINTH CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘039 Patent) (Against defendants Adorama, ProMediaGear, and Fudala) 225. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

224 above and further alleges as follows:

226. The United States Patent and Trademark Office issued the ‘039 Patent on March

8, 2016. Through assignment, Plaintiff is the owner of the ‘039 Patent with full rights to recover royalties or damages for infringement of said patent, including full rights to recover past and future damages.

227. The ‘039 Patent is presumed valid.

228. Upon information and belief, Adorama, directly or through intermediaries, infringed one or more claims of the ‘039 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

67 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 68 of 74

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L

Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 Sunwayfoto PCL-1DXII Bracket; and are not a staple article or commodity of commerce suitable for substantial non-infringing use, and are especially made or especially adapted for use in an infringement.

229. Adorama is liable for infringement of the ‘039 Patent under 35 U.S.C. § 271.

230. Adorama was previously notified of and/or had knowledge of the ‘039 Patent.

Despite such notice and/or knowledge, Adorama has continued to infringe the ‘039 Patent. On information and belief, Adorama’s infringement of the ‘039 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

231. Plaintiff has been damaged by Adorama’s infringements of the ‘039 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Adorama is enjoined from continuing to infringe the ‘039 Patent.

68 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 69 of 74

232. Plaintiff is entitled to recover damages from Adorama to compensate it for the infringement.

233. Upon information and belief, ProMediaGear, directly or through intermediaries, infringed one or more claims of the ‘039 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

 ProMediaGear Nikon D7000 MB-D11 L-Bracket;

69 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 70 of 74

and are not a staple article or commodity of commerce suitable for substantial non-infringing

use, and are especially made or especially adapted for use in an infringement.

234. ProMediaGear is liable for infringement of the ‘039 Patent under 35 U.S.C. § 271.

235. ProMediaGear was previously notified of and/or had knowledge of the ‘039

Patent. Despite such notice and/or knowledge, ProMediaGear has continued to infringe the ‘039

Patent. On information and belief, ProMediaGear’s infringement of the ‘039 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate.

236. Plaintiff has been damaged by ProMediaGear’s infringements of the ‘039 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless ProMediaGear is enjoined from continuing to infringe the ‘039 Patent.

237. Plaintiff is entitled to recover damages from ProMediaGear to compensate itfor

the infringement.

238. Upon information and belief, Fudala, directly or through intermediaries, infringed

one or more claims of the ‘039 Patent, by or through making, having made, using, importing,

providing, supplying, distributing, selling, and/or offering for sale brackets for photographic

equipment, including but not limited to such brackets identified as:

 ProMediaGear Canon 1DX DSLR L Bracket;

 ProMediaGear Canon 5D Mark III BG-E11 L Bracket;

 ProMediaGear Canon EOS 6D DSLR BG-E13 Battery Grip L Bracket;

 ProMediaGear Canon 7D Mark II BG E-16 Battery Grip L Bracket;

 ProMediaGear Canon EOS 60D DSLR with BG-E9 Battery Grip L Bracket;

 ProMediaGear Canon EOS 70D DSLR with BG-E14 Battery Grip L Bracket;

 ProMediaGear Nikon D4 DSLR L Bracket;

70 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 71 of 74

 ProMediaGear Nikon D600/D610 DSLRs with MB-D14 Battery Grip L Bracket;

 ProMediaGear Nikon D800 DSLR with MB-D12 Battery Grip L Bracket;

 ProMediaGear Nikon D7100 With MB-D15 Grip L Bracket;

 ProMediaGear Sony Alpha a7 with VG-C1EM Grip L Bracket;

 ProMediaGear Sony Alpha a7R II with VG-C2EM Battery Grip;

 ProMediaGear Nikon D750 MB-D16 Battery Grip L Bracket;

 ProMediaGear Nikon D5;

 ProMediaGear Canon 5D Mark IV BG-E20;

 ProMediaGear Canon 1Dx Mark 2 Arca-Swiss Type L-Bracket;

239. Fudala is liable for infringement of the ‘039 Patent under 35 U.S.C. § 271.

240. Fudala was previously notified of and/or had knowledge of the ‘039 Patent.

Despite such notice and/or knowledge, Fudala has continued to infringe the ‘039 Patent. On

information and belief, Fudala’s infringement of the ‘039 Patent has therefore been with notice

and knowledge of the patent and has been willful and deliberate.

241. Plaintiff has been damaged by Fudala’s infringements of the ‘039 Patent and will

suffer additional irreparable damage and impairment of the value of its patent rights unless

Fudala is enjoined from continuing to infringe the ‘039 Patent.

242. Plaintiff is entitled to recover damages from Fudala to compensate it for the

infringement.

71 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 72 of 74

TENTH CLAIM FOR PATENT INFRINGEMENT (Infringement of the ‘962 Patent) (Against defendant Adorama) 243. Plaintiff incorporates by reference each of the allegations in paragraphs 1 through

242 above and further alleges as follows:

244. The United States Patent and Trademark Office issued the ‘962 Patent on August

4, 2016. Through assignment, Plaintiff is the owner of the ‘962 Patent with full rights to recover royalties or damages for infringement of said patent, including full rights to recover past and future damages.

245. The ‘962 Patent is presumed valid.

246. Upon information and belief, Adorama, directly or through intermediaries, infringed one or more claims of the ‘962 Patent, by or through making, having made, using, importing, providing, supplying, distributing, selling, and/or offering for sale brackets for photographic equipment, including but not limited to such brackets identified as:

 Jobu Design L Bracket for Canon 1Dx;

 Jobu Design L Bracket for Canon 1Ds; and are not a staple article or commodity of commerce suitable for substantial non-infringing use, and are especially made or especially adapted for use in an infringement.

247. Adorama is liable for infringement of the ‘962 Patent pursuant to 35 U.S.C. § 271.

248. Plaintiff has been damaged by Adorama’s infringements of the ‘962 Patent and will suffer additional irreparable damage and impairment of the value of its patent rights unless

Adorama is enjoined from continuing to infringe the ‘962 Patent.

249. Plaintiff is entitled to recover damages from Adorama to compensate it for the infringement.

72 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 73 of 74

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

A. Each defendant has infringed, contributed to infringement of, and/or induced

infringement of the Patents at Issue;

B. One or more defendants’ infringement, contributory infringement, and/or induced

infringement of the Patents at Issue have been willful and deliberate;

C. Each defendant account for and pay to Plaintiff all damages caused by its

infringement of the Patents at Issue in accordance with 35 U.S.C. § 284;

D. The Court increase the amount of damages as a result of one or more of the

defendants’ infringement, contributory infringement, and/or induced infringement of the Patents at Issue to three times the amount found or assessed by the Court because of the willful and deliberate nature of the infringement, all in accordance with 35 U.S.C. § 284;

E. Plaintiff be granted permanent injunctive relief pursuant to 35 U.S.C. § 283 enjoining each defendant, its officers, agents, servants, employees and those person in active concert or participation with them from further acts of patent infringement;

F. Plaintiff be granted pre-judgment and post-judgment interest on the damages caused to it by reason of each defendants’ patent infringement complained of herein;

G. The Court declare this an exceptional case and Plaintiff be granted its reasonable attorneys’ fees in accordance with 35 U.S.C. § 285;

H. Costs be awarded to Plaintiff;

I. For such other relief as justice requires.

73 –COMPLAINT

Case 3:17-cv-00110 Document 1 Filed 01/23/17 Page 74 of 74

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury on all claims and issues triable.

Respectfully Submitted

Dated: January 23, 2017 By: /s/ Susan D. Pitchford Susan D. Pitchford, OSB 98091 Kevin L. Russell, OSB 934855 CHERNOFF VILHAUER LLP 111 SW Columbia Street Suite 725 Portland, OR 97201 Telephone: (503) 227-5631 Facsimile: (503) 278-4373 Email: [email protected] Email: [email protected]

74 –COMPLAINT