Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 1 of 20 Page ID #:5 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 2 of 20 Page ID #:6

1 Plaintiffs, by their attorneys, Karish & Bjorgum, PC allege: 2 JURISDICTION AND VENUE 3 1. This is an action for patent infringement arising under the acts of 4 Congress relating to patents, 35 U.S.C. § 1 et. seq. This court has jurisdiction over 5 patent claims under 28 U.S.C. §§ 1331 and 1338(a), providing for federal question 6 jurisdiction of actions relating to patents. 7 2. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), (c), 8 and 1400(b). Defendants sell products in this District. 9 THE PARTIES 10 3. Plaintiffs Kurt Pressler and Denise Pressler are individuals, living in 11 the Town of Bethel Island, County of Contra Costa, State of California. 12 4. Plaintiffs are informed and believe and based thereon allege that at all 13 times mentioned herein Kensington Protective Products, Inc. is a California 14 Corporation, having its principal place of business at 151 N. Reservoir Street, 15 Pomona, California 91767. 16 5. The true names or capacities, whether individual, corporate or 17 otherwise, of Defendants DOES 1 through 10 inclusive, are unknown to Plaintiffs, 18 who therefore sue such Defendants by such fictitious names, and will amend this 19 Complaint to show their true names and capacities when ascertained. Plaintiffs are 20 informed and believe, and thereon allege, that each Defendant designated herein as 21 DOE is in some manner or means responsible for the damages suffered by 22 Plaintiffs as alleged in this Complaint. 23 PATENT INFRINGEMENT 24 6. Plaintiffs Kurt Pressler and Denise Pressler are the owners of the 25 entire right, title and interest in and to United States Patent No. 7,624,558 (“the 26 ‘558 Patent”), entitled “PROTECTIVE MASK AND HALTER APPARATUS”, 27 which was duly and legally issued by the United States Patent and Trademark 28 Office on December 1, 2009.. A copy of the patent is attached as Exhibit A.

. COMPLAINT 2 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 3 of 20 Page ID #:7

1 7. Upon information and belief, Defendant has been and still is 2 infringing one or more claims of the ‘558 Patent by making, using, offering for 3 sale and selling a product entitled “Natural Look CatchMask” without the 4 authorization of Plaintiffs, which is evidenced, in part, by offer for sale of the 5 “Natural Look CatchMask” via the Defendant’s website at 6 http://www.kensingtonproducts.com. A copy of Defendant’s website pages is 7 attached as Exhibit B. 8 8. Upon information and belief, Defendant has been and still is actively 9 inducing others to infringe one or more claims of the ‘558 Patent through its sale of 10 the “Natural Look CatchMask”. 11 9. Upon information and belief, Defendant has been and still is 12 contributorily infringing one or more claims of the ‘558 Patent through its sale of 13 the “Natural Look CatchMask”. 14 10. Upon information and belief, Defendant’s infringement, inducement 15 of infringement and contributory infringement has been and continues to be 16 willful. 17 11. Plaintiff has been damaged by loss of sales and customers and 18 copying by the Defendant’s infringement of the ‘558 Patent, and claims all 19 damages, including but not limited to reasonable royalties, to which it is entitled. 20 12. The harm to Plaintiffs resulting from the infringing acts of Defendant 21 is irreparable, continuing, not fully compensable by money damages and will 22 continue unless enjoined by this Court. 23 13. Plaintiffs have placed the required statutory notice on all of its 24 products manufactured and sold by Plaintiffs under their patent. 25 /// 26 /// 27 28

. COMPLAINT 3 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 4 of 20 Page ID #:8 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 5 of 20 Page ID #:9 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 6 of 20 Page ID #:10

Exhibit A

Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 7 of 20 Page ID #:11 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 8 of 20 Page ID #:12 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 9 of 20 Page ID #:13 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 10 of 20 Page ID #:14 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 11 of 20 Page ID #:15 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 12 of 20 Page ID #:16 Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 13 of 20 Page ID #:17

Exhibit B

Kensington Natural Look CatchMasks http://www.kensingtonproducts.com/body products_CATCH_MASK.html Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 14 of 20 Page ID #:18

CATCHMASKS | FLY MASKS | FLY BOOTS | PROTECTIVE SHEETS | COMBINATION SHEETS | 4 ALL SEASONS BLANKET SYSTEM | STALL & TRAILER SUPPLIES WINTER TURNOUT BLANKETS | COOLER S & STABLE SHEETS | ALL AROUND BLANKETS | FOAL, MINI, PONY & YEARLING PRODUCTS TRAILERING BOOTS, TAIL & SADDLE COVERS | RIDING PADS | LUNGE LINES & LEAD ROPES | HALTER SETS | ROUSTABOUT LUGGAGE Scroll down on this page for more information or to order.

FUN AND EASY TO CUSTOMIZE, CREATE YOUR HORSE'S OWN NATURAL MARKINGS ON THE MASK FOR A UNIQUE ONE OF A KIND LOOK!

NEW COLORS!

A DURABLE, COMFORTABLE FLY MASK FOR YOUR HORSE AND A CONVENIENT, STYLISH, CATCH-HALTER DEVICE FOR YOU!

The CatchMask® functions as a fly mask until you attach a lead rope snap through the latch assembly. Attaching a lead rope converts the mask from a tear-away mask to a secure catch-halter by securing all layers of the mask together through the snap of the lead rope.

Other fly masks require you to approach your horse, remove the mask, and maintain control of your horse while

1 of 3 5/26/2011 4:41 PM Kensington Natural Look CatchMasks http://www.kensingtonproducts.com/body products_CATCH_MASK.html Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 15 of 20 Page ID #:19

attaching a halter and lead rope. This mask lets you walk up to your horse carrying only a lead rope, snap the lead rope on the mask, and voila!, your horse is caught and under control quickly and safely.

The CatchMask® looks normal to other horses, and stable mates with a habit of removing each other's masks tend not to, insuring that it can do its job of protecting your horse from flies, insects and sun as long as possible.

AVAILABLE IN SIZES: Medium(fits Arabian), and large(fits Average Horse)

Available in 4 Coat Colors: “GREY”, “SORREL/CHESTNUT”, ”BAY”, & “BLACK”

Also Available With Ears And Nose Piece

2 of 3 5/26/2011 4:41 PM Kensington Natural Look CatchMasks http://www.kensingtonproducts.com/body products_CATCH_MASK.html Case 2:11-cv-04674-JHN-SS Document 1 Filed 06/01/11 Page 16 of 20 Page ID #:20

TEXTILENE MESH FOR ULTIMATE DURABILITY AND UV PROTECTION

WAXWEAR™ TRIM BINDING FOR COMPLETE COMFORT, WEATHER RESISTANCE AND DURABILITY "

AVAILABLE SIZES

MEDIUM/ARABIAN: LARGE HORSE : 700-900 lbs 1000-1200 lbs

Online Order Form

Type Quantity Price

Size Color

Email us at: [email protected]

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