United States District Court for the Southern District of Ohio

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 1 of 75 PAGEID #: 1

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

UNDER THE WEATHER, LLC,

Plaintiff, CASE NO.: 1:17-cv-00592 v. JUDGE:

CHRISTMAS TREE SHOPS, INC. COMPLAINT

and JURY DEMAND

LION SPORTS INC.,

Defendants.

Plaintiff Under the Weather, LLC (“Under the Weather”), complains and alleges as follows against Defendants Christmas Tree Shops, Inc. (“Christmas Tree Shops”) and Lion

Sports Inc. (“Lion Sports”):

NATURE OF THE ACTION

1. Inspired by countless weekends spent braving the elements to watch his children participate in outdoor sports, Eric Pescovitz set out to design a personal enclosure to protect outdoor spectators from the elements. In 2010, this goal became a reality as Mr. Pescovitz started his company, Under the Weather, to promote and sell his inventive personal pop-up pods to the public.

2. Since 2010, Mr. Pescovitz has invested in intellectual property to protect his innovations and business. Such investments have resulted in fourteen issued United States design patents, with several patent applications pending in the United States Patent and

Trademark Office. The success of Mr. Pescovitz’s business and his tireless promotion of his

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 2 of 75 PAGEID #: 2

company and products has resulted in Under the Weather becoming a leader in the personal pop-

up pod market.

3. Despite the intellectual property rights of Under the Weather, its innovations have been the subject of widespread imitation by its competitors who have attempted to capitalize on

Under the Weather’s success. One such imitator is Lion Sports, which markets and sells a pop-

up pod that copies Under the Weather’s inventive design in violation of Under the Weather’s intellectual property rights. Lion Sports sells or has sold its pop-up pod through various

Christmas Tree Shops retail locations throughout the United States and through on-line marketplaces such as amazon.com and walmart.com.

THE PARTIES

4. Under the Weather is an Ohio limited liability company with a principal place of business located at 5218 Wooster Road, Cincinnati, Ohio 45241.

5. On information and belief, Christmas Tree Shops is a Massachusetts corporation with a principle place of business located at 650 Liberty Avenue, Union, New Jersey 07083.

6. On information and belief, Lion Sports is a New York corporation with a principal place of business located at 701 Koehler Avenue, Suite 2, Ronkonkoma, New York

11779.

JURISDICTION AND VENUE

7. This is a civil action against Defendants Christmas Tree Shops and Lion Sports

for patent infringement under the patent laws of the United States, 35 U.S.C. § 1, et seq.

8. The Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331

because it involves a federal question and under 28 U.S.C. § 1338 because it involves an Act to

Congress related to patents.

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 3 of 75 PAGEID #: 3

9. This Court has specific personal jurisdiction over Christmas Tree Shops and Lion

Sports because, among other things, Lion Sports has supplied products that infringe Under the

Weather’s intellectual property to Christmas Tree Shops, Christmas Tree Shops has sold the infringing Lion Sports products in Ohio and in this judicial district, and Christmas Tree Shops continue to offer to sell infringing Lion Sports products in Ohio and in this judicial district.

10. This Court has general personal jurisdiction over Christmas Tree Shops and Lion

Sports because, among other things, on information and belief, Christmas Tree Shops and Lion

Sports each regularly solicits and transacts business in Ohio and in this judicial district;

Christmas Tree Shops and Lion Sports each engages in a persistent course of conducting business in Ohio and in this judicial district; and Christmas Tree Shops and Lion Sports each derives substantial revenue from goods that infringe Under the Weather’s intellectual property rights that are sold in Ohio and in this judicial district.

11. Venue is proper in this judicial district under 28 U.S.C. §1400.

RELEVANT FACTS

12. Under the Weather is the owner of U.S. Patent No. D691,688 (the “‘688 Patent”), which is titled “Personal Enclosure,” which was duly and lawfully issued on October 15, 2013, to Eric Frank Pescovitz as inventor. A true and correct copy of the ‘688 Patent is attached hereto as Exhibit A. Under the Weather is the owner of all right, title and interest in the ‘688 Patent, including the right to sue and recover damages for infringement of the ‘688 Patent and obtain a preliminary or permanent injunction.

13. Under the Weather is the owner of U.S. Patent No. D691,689 (the “‘689 Patent”), which is titled “Personal Enclosure Side,” which was duly and lawfully issued on October 15,

2013, to Eric Frank Pescovitz as inventor. A true and correct copy of the ‘689 Patent is attached

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 4 of 75 PAGEID #: 4

hereto as Exhibit B. Under the Weather is the owner of all right, title and interest in the ‘689

Patent, including the right to sue and recover damages for infringement of the ‘689 Patent and obtain a preliminary or permanent injunction.

14. Under the Weather is the owner of U.S. Patent No. D691,690 (the “‘690 Patent”), which is titled “Personal Enclosure Front,” which was duly and lawfully issued on October 15,

2013, to Eric Frank Pescovitz as inventor. A true and correct copy of the ‘690 Patent is attached hereto as Exhibit C. Under the Weather is the owner of all right, title and interest in the ‘690

Patent, including the right to sue and recover damages for infringement of the ‘690 Patent and obtain a preliminary or permanent injunction.

15. Under the Weather is the owner of U.S. Patent No. D711,996 (the “‘996 Patent,” and collectively with the ‘688, ‘689, and ‘690 Patents the “Patents-in-Suit”), which is titled

“Personal Enclosure,” which was duly and lawfully issued on August 26, 2014, to Eric Frank

Pescovitz as inventor. A true and correct copy of the ‘996 Patent is attached hereto as Exhibit D.

Under the Weather is the owner of all right, title and interest in the ‘996 Patent, including the right to sue and recover damages for infringement of the ‘996 Patent and obtain a preliminary or permanent injunction.

16. Lion Sports sells and distributes a pop-up pod that it markets as “All-Weather

Sports Pod” (“Lion Sports Pop-Up Pod”). True and accurate photographs of the Lion Sports

Pop-Up Pod and its packaging are attached as Exhibit E.

17. Lion Sports Pop-Up Pods have been sold and continue to be offered for sale through Christmas Tree Shops retail stores. A true and accurate copy of photographs of the Lion

Sports Pop-Up Pod as offered for sale at Christmas Tree Shops retail stores is attached as Exhibit

F. On information and belief, Lion Sports has provided approximately 2000 Lion Sports Pop-Up

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 5 of 75 PAGEID #: 5

Pods to Christmas Tree Shops for sale at its more than 70 locations, including a Christmas Tree

Shops retail store located at 2264 Miamisburg Centerville Road, South Towne Center, Dayton,

Ohio 45459 (the “CTS Dayton Store”). The CTS Dayton Store is a regular and established place of business for Christmas Tree Shops.

18. Lion Sports has offered for sale and sold Lion Sports Pop-Up Pods on the ecommerce website walmart.com. A true and accurate copy of the Lion Sports Pop-Up Pods webpage from walmart.com captured on August 10, 2017, is attached as Exhibit G.

19. Lion Sports has offered for sale Lion Sports Pop-Up Pods on the ecommerce website amazon.com. A true and accurate copy of the Lion Sports Pop-Up Pods webpage from amazon.com captured on August 17, 2017, is attached as Exhibit H.

COUNT I

Infringement of the ‘688 Patent

20. Under the Weather incorporates by reference the allegations set forth in

Paragraphs 1-19 of this Complaint as thought fully set forth herein.

21. Christmas Tree Shops has infringed and continues to infringe the ‘688 Patent by selling, and/or offering to sell in the United States the Lion Sports Pop-Up Pod, which embodies the design covered by the ‘688 Patent. See Exhibit I for an exemplary chart comparing the Lion

Sports Pop-Up Pod to the ‘688 Patent.

22. Lion Sports has infringed and continues to infringe the ‘688 Patent by using, selling, and/or offering to sell in the United States and/or importing into the United States the

Lion Sports Pop-Up Pod, which embodies the design covered by the ‘688 Patent. See Exhibit I.

23. On information and belief, Christmas Tree Shops was aware of the ‘688 Patent prior to the filing of this Complaint.

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 6 of 75 PAGEID #: 6

24. On information and belief, Lion Sports was aware of the ‘688 Patent prior to the filing of this Complaint.

25. On information and belief, Christmas Tree Shops’ infringement of the ‘688 Patent has been and continues to be intentional, willful, and without regard to Under the Weather’s rights.

26. On information and belief, Lion Sports’ infringement of the ‘688 Patent has been and continues to be intentional, willful, and without regard to Under the Weather’s rights.

27. On information and belief, Christmas Tree Shops has gained profits by virtue of its infringement of the ‘688 Patent.

28. On information and belief, Lion Sports has gained profits by virtue of its infringement of the ‘688 Patent.

29. Under the Weather has been, and continues to be, damaged by such infringement of the ‘688 Patent.

COUNT II

Infringement of the ‘689 Patent

30. Under the Weather incorporates by reference the allegations set forth in

Paragraphs 1-29 of this Complaint as thought fully set forth herein.

31. Christmas Tree Shops has infringed and continues to infringe the ‘689 Patent by selling, and/or offering to sell in the United States the Lion Sports Pop-Up Pod, which embodies the design covered by the ‘689 Patent. See Exhibit I for an exemplary chart comparing the Lion

Sports Pop-Up Pod to the ‘689 Patent.

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 7 of 75 PAGEID #: 7

32. Lion Sports has infringed and continues to infringe the ‘689 Patent by using, selling, and/or offering to sell in the United States and/or importing into the United States the

Lion Sports Pop-Up Pod, which embodies the design covered by the ‘689 Patent. See Exhibit I.

33. On information and belief, Christmas Tree Shops was aware of the ‘689 Patent prior to the filing of this Complaint.

34. On information and belief, Lion Sports was aware of the ‘689 Patent prior to the filing of this Complaint.

35. On information and belief, Christmas Tree Shops’ infringement of the ‘689 Patent has been and continues to be intentional, willful, and without regard to Under the Weather’s rights.

36. On information and belief, Lion Sports’ infringement of the ‘689 Patent has been and continues to be intentional, willful, and without regard to Under the Weather’s rights.

37. On information and belief, Christmas Tree Shops has gained profits by virtue of its infringement of the ‘689 Patent.

38. On information and belief, Lion Sports has gained profits by virtue of its infringement of the ‘689 Patent.

39. Under the Weather has been, and continues to be, damaged by such infringement of the ‘689 Patent.

COUNT III

Infringement of the ‘690 Patent

40. Under the Weather incorporates by reference the allegations set forth in

Paragraphs 1-39 of this Complaint as thought fully set forth herein.

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 8 of 75 PAGEID #: 8

41. Christmas Tree Shops has infringed and continues to infringe the ‘690 Patent by selling, and/or offering to sell in the United States the Lion Sports Pop-Up Pod, which embodies the design covered by the ‘690 Patent. See Exhibit I for an exemplary chart comparing the Lion

Sports Pop-Up Pod to the ‘690 Patent.

42. Lion Sports has infringed and continues to infringe the ‘690 Patent by using, selling, and/or offering to sell in the United States and/or importing into the United States the

Lion Sports Pop-Up Pod, which embodies the design covered by the ‘690 Patent. See Exhibit I.

43. On information and belief, Christmas Tree Shops was aware of the ‘690 Patent prior to the filing of this Complaint.

44. On information and belief, Lion Sports was aware of the ‘690 Patent prior to the filing of this Complaint.

45. On information and belief, Christmas Tree Shops’ infringement of the ‘690 Patent has been and continues to be intentional, willful, and without regard to Under the Weather’s rights.

46. On information and belief, Lion Sports’ infringement of the ‘690 Patent has been and continues to be intentional, willful, and without regard to Under the Weather’s rights.

47. On information and belief, Christmas Tree Shops has gained profits by virtue of its infringement of the ‘690 Patent.

48. On information and belief, Lion Sports has gained profits by virtue of its infringement of the ‘690 Patent.

49. Under the Weather has been, and continues to be, damaged by such infringement of the ‘690 Patent.

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 9 of 75 PAGEID #: 9

COUNT IV

Infringement of the ‘996 Patent

50. Under the Weather incorporates by reference the allegations set forth in

Paragraphs 1-49 of this Complaint as thought fully set forth herein.

51. Christmas Tree Shops has infringed and continues to infringe the ‘996 Patent by selling, and/or offering to sell in the United States the Lion Sports Pop-Up Pod, which embodies the design covered by the ‘996 Patent. See Exhibit I for an exemplary chart comparing the Lion

Sports Pop-Up Pod to the ‘996 Patent.

52. Lion Sports has infringed and continues to infringe the ‘996 Patent by using, selling, and/or offering to sell in the United States and/or importing into the United States the

Lion Sports Pop-Up Pod, which embodies the design covered by the ‘996 Patent. See Exhibit I.

53. On information and belief, Christmas Tree Shops was aware of the ‘996 Patent prior to the filing of this Complaint.

54. On information and belief, Lion Sports was aware of the ‘996 Patent prior to the filing of this Complaint.

55. On information and belief, Christmas Tree Shops’ infringement of the ‘996 Patent has been and continues to be intentional, willful, and without regard to Under the Weather’s rights.

56. On information and belief, Lion Sports’ infringement of the ‘996 Patent has been and continues to be intentional, willful, and without regard to Under the Weather’s rights.

57. On information and belief, Christmas Tree Shops has gained profits by virtue of its infringement of the ‘996 Patent.

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 10 of 75 PAGEID #: 10

58. On information and belief, Lion Sports has gained profits by virtue of its

infringement of the ‘996 Patent.

59. Under the Weather has been, and continues to be, damaged by such infringement

of the ‘996 Patent.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Under the Weather respectfully requests relief and judgment as

follows:

1. A judgement that Defendant Christmas Tree Shops has infringed each of the

Patents-in-Suit;

2. A judgment that Defendant Lion Sports has infringed each of the Patents-in-Suit;

3. Temporarily, preliminarily, and permanently enjoin Defendant Christmas Tree

Shops, its employees, agents, officers, directors, attorneys, successors, affiliates, subsidiaries and

assigns, and all those in active concert and participation with Defendant Christmas Tree Shops,

from infringing the Patents-in-Suit;

4. Temporarily, preliminarily, and permanently enjoin Defendant Lion Sports, its

employees, agents, officers, directors, attorneys, successors, affiliates, subsidiaries and assigns,

and all those in active concert and participation with Defendant Lion Sports, from infringing the

Patents-in-Suit;

5. Award Plaintiff Under the Weather its actual damages in an amount to be proved

at trial and/or as otherwise provided by law, as a result of Christmas Tree Shops’ infringement of

the Patents-in-Suit;

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 11 of 75 PAGEID #: 11

6. Award Plaintiff Under the Weather its actual damages in an amount to be proved

at trial and/or as otherwise provided by law, as a result of Lion Sports’ infringement of the

Patents-in-Suit;

7. Award Plaintiff Under the Weather the total profit realized by Christmas Tree

Shops as a result of the infringement of the Patents-in-Suit;

8. Award Plaintiff Under the Weather the total profit realized by Lion Sports as a result of the infringement of the Patents-in-Suit;

9. Award Plaintiff Under the Weather all of Christmas Tree Shops’ profits, pursuant to 35 U.S.C. § 289, together with prejudgment interest;

10. Award Plaintiff Under the Weather all of Defendant Lion Sports’ profits, pursuant to 35 U.S.C. § 289, together with prejudgment interest;

11. Enter judgment that this case is exceptional and award Under the Weather their reasonable attorneys’ fees, costs, and expenses, under 35 U.S.C. § 285; and

12. Award Plaintiff Under the Weather such other and further relief as is just and proper.

Dated: September 8, 2017 Respectfully submitted,

/s/Risto Pribisich Risto Pribisich (0081758) BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP 200 Public Square Suite 2300 Cleveland OH 44114 2378 Telephone: (216) 363 4500 Facsimile: (216) 363-4588 Email: [email protected]

Attorney for Plaintiff Under the Weather, LLC

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 12 of 75 PAGEID #: 12

DEMAND FOR JURY TRIAL

Plaintiff Under the Weather, LLC hereby makes demand for a trial by jury pursuant to

Rule 38 of the Federal Rules of Civil Procedure as to all issues of this lawsuit.

Dated: September 8, 2017 Respectfully submitted,

/s/Risto Pribisich One of the Attorneys for Plaintiff Under the Weather, LLC

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 13 of 75 PAGEID #: 13

EXHIBIT A Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 14 of 75 PAGEID #: 14 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 15 of 75 PAGEID #: 15 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 16 of 75 PAGEID #: 16 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 17 of 75 PAGEID #: 17 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 18 of 75 PAGEID #: 18 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 19 of 75 PAGEID #: 19

EXHIBIT B Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 20 of 75 PAGEID #: 20 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 21 of 75 PAGEID #: 21 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 22 of 75 PAGEID #: 22 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 23 of 75 PAGEID #: 23 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 24 of 75 PAGEID #: 24 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 25 of 75 PAGEID #: 25 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 26 of 75 PAGEID #: 26 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 27 of 75 PAGEID #: 27 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 28 of 75 PAGEID #: 28 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 29 of 75 PAGEID #: 29

EXHIBIT C Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 30 of 75 PAGEID #: 30 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 31 of 75 PAGEID #: 31 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 32 of 75 PAGEID #: 32 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 33 of 75 PAGEID #: 33 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 34 of 75 PAGEID #: 34 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 35 of 75 PAGEID #: 35 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 36 of 75 PAGEID #: 36 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 37 of 75 PAGEID #: 37 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 38 of 75 PAGEID #: 38 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 39 of 75 PAGEID #: 39

EXHIBIT D Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 40 of 75 PAGEID #: 40 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 41 of 75 PAGEID #: 41 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 42 of 75 PAGEID #: 42 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 43 of 75 PAGEID #: 43 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 44 of 75 PAGEID #: 44 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 45 of 75 PAGEID #: 45

EXHIBIT E

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 46 of 75 PAGEID #: 46

Left Perspective View Right Perspective View

Front View Rear View

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 47 of 75 PAGEID #: 47

Left Side View Right Side View

Bottom Side View Top Side View

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 48 of 75 PAGEID #: 48

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 49 of 75 PAGEID #: 49

EXHIBIT F

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 50 of 75 PAGEID #: 50

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 51 of 75 PAGEID #: 51

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 52 of 75 PAGEID #: 52

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 53 of 75 PAGEID #: 53

EXHIBIT G

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 54 of 75 PAGEID #: 54

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 55 of 75 PAGEID #: 55

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 56 of 75 PAGEID #: 56

EXHIBIT H

Amazon.com: Lion Sports All Sports Pod Blue or Red/Colors May Vary: Spo... Page 1 of 4 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 57 of 75 PAGEID #: 57

Sports & Outdoors lion sports sports pod Try Prime

EN Hello. Sign in 0 Departments Your Amazon.com Today's Deals Gift Cards & Registry Sell Account & Lists Orders Try Prime Cart

Sports & Outdoors Sports & Fitness Outdoor Recreation Sports Fan Shop Sports Deals Outdoor Deals

Sports & Outdoors › Outdoor Recreation › Camping & Hiking › Tents & Shelters › Camping Shelters › Sun Shelters

Lion Sports Share Lion Sports All Sports Pod Blue or Red/Colors May Vary Qty: 1  Be the first to review this item Yes, I want FREE Two-Day Price: $49.99 & FREE Shipping. Details Shipping with Amazon Prime Temporarily out of stock. Order now and we'll deliver when available. We'll e-mail you with an estimated delivery date as soon as we have more information. Your account will only be charged when we ship the item. Turn on 1-Click ordering for this browser Ships from and sold by Amazon.com. Gift-wrap available.

• Perfect for all sports, tailgating, beach and outdoor activities Ship to: • Sit comfortable in chair and stay warm and dry from the wind and rain ashtabula, 44004 • Enjoy shade and shelter from the Sun • Folds up for easy storage Add to List

New (1) from $49.99 & FREE shipping. Details

Reliable canopy tents for everyday use.

AmazonBasics Pop-Up Canopy Tent with Sidewalls - 10 x 10 ft 26

Roll over image to zoom in Ad feedback

Customers who viewed this item also viewed

Under the Weather MyPod Sports Pod 11 $99.08 - $99.99

Sponsored products related to this item (What's this?)

https://www.amazon.com/Lion-Sports-Blue-Colors-Vary/dp/B0721CGXP2/... 8/17/2017 Amazon.com: Lion Sports All Sports Pod Blue or Red/Colors May Vary: Spo... Page 2 of 4 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 58 of 75 PAGEID #: 58

Kelty Noah's Tarp 12 - WolfWise Dressing Tent iColor Sling Shoulder Bag Kids Playground Play Set NCAA Penn State Nittany NCAA Penn State 2013 Shower Privacy Portable CrossBody Backpack for Floor & Ceiling / Lions Benchmark Hood, Lions Women's Tra 456 Camping Beach Toilet Rucksack Outdoor Indoor Training Gym Navy, Large Hood, Black, Smal $69.95 Pop Up Tents… Multipurpose Sports… Sport Set with… 2 38 151 70 $486.00 $45.61 $59.99 $39.98 $21.58 Ad feedback

Customers viewing this page may be interested in these sponsored links (What's this?)

1. Red Lion Sports Sale - Discount Prices - Save 20-40% On Red Lion Sports. Online Discount Store, Order www.epicsports.com/Red_Lio Now!

2. Wholesale Tablecloths - Free Shipping On Orders Over $100 And Shop For Tablecloths On www.efavormart.com/ Sale!

3. Discount Shopping - Jewelry, Clothing, - Everyday Low Prices, Saving You Money With Every Purchase. www.maddwizard.com/

Ad feedback

Special offers and product promotions

• Get a Citi Double Cash card and earn cash back twice on every purchase with unlimited 1% cash back when you buy, plus an additional 1% as you pay for those purchases. Terms and conditions apply. See offer for details. Apply now.

Product description All sports Pod. Perfect for all sports, tailgating, beach and outdoor activities. Sit comfortable in chair and stay warm and dry from the wind and rain. Enjoy shade and shelter from the sun. Folds up for easy storage. Blue or Red polyester & polyethylene includes carry bag product Dim: 39.5" x 39.5" x 60"

Product details Product Dimensions: 39.5 x 39.5 x 60 inches Shipping Weight: 6.4 pounds (View shipping rates and policies) ASIN: B0721CGXP2 Item model number: 70310 Average Customer Review: Be the first to review this item Amazon Best Sellers Rank: #383,111 in Sports & Outdoors (See Top 100 in Sports & Outdoors) #558 in Sports & Outdoors > Outdoor Recreation > Camping & Hiking > Tents & Shelters > Camping Shelters > Sun Shelters

Would you like to tell us about a lower price?

Sponsored products related to this item (What's this?)

Green Elephant Utilitent Portable Pop Up Pod GigaTent Pop Up Pod AmazonBasics Pop-Up WolfWise Shower Tent Portable Pop Up P Privacy Pop Up Tent – Dressing/Changing Tent Changing Room Canopy Tent - 10 x 10 ft Privacy Portable Dressing/Changing Portable Camping, + Carrying Bag 368 326 Camping Beach Toilet 6 Feet Tall + Carry Biking, Toilet, Shower,… 97 $30.99 $89.99 Pop Up Tents… Bag 51 $32.99 151 43 $49.99 $44.98 $32.99 Ad feedback

https://www.amazon.com/Lion-Sports-Blue-Colors-Vary/dp/B0721CGXP2/... 8/17/2017 Amazon.com: Lion Sports All Sports Pod Blue or Red/Colors May Vary: Spo... Page 3 of 4 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 59 of 75 PAGEID #: 59

Ad feedback Customer Questions & Answers

See questions and answers

Customer reviews

There are no customer reviews yet.

5 star 0% Share your thoughts with other customers 4 star 0% 3 star 0% Write a customer review 2 star 0% 1 star 0%

Ad feedback

Get to Know Us Make Money with Us Amazon Payment Products Let Us Help You

Careers Sell on Amazon Amazon Rewards Visa Signature Cards Your Account

About Amazon Sell Your Services on Amazon Amazon.com Store Card Your Orders

Investor Relations Sell on Amazon Business Amazon.com Corporate Credit Line Shipping Rates & Policies Amazon Devices Sell Your Apps on Amazon Shop with Points Amazon Prime

Become an Affiliate Credit Card Marketplace Returns & Replacements

Advertise Your Products Reload Your Balance Manage Your Content and Devices

Self-Publish with Us Amazon Currency Converter Amazon Assistant

Become an Amazon Vendor Help

Sell Your Subscription on Amazon › See all

https://www.amazon.com/Lion-Sports-Blue-Colors-Vary/dp/B0721CGXP2/... 8/17/2017 Amazon.com: Lion Sports All Sports Pod Blue or Red/Colors May Vary: Spo... Page 4 of 4 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 60 of 75 PAGEID #: 60

English United States

Amazon Music Amazon Drive 6pm AbeBooks ACX Alexa Amazon Business Stream millions Cloud storage Score deals Books, art Audiobook Publishing Actionable Analytics Everything For of songs from Amazon on fashion brands & collectibles Made Easy for the Web Your Business

AmazonFresh AmazonGlobal Home Services Amazon Inspire Amazon Rapids Amazon Restaurants Amazon Video Direct Groceries & More Ship Orders Handpicked Pros Digital Educational Fun stories for Food delivery from Video Distribution Right To Your Door Internationally Happiness Guarantee Resources kids on the go local restaurants Made Easy

Amazon Web Services Audible AudiobookStand Book Depository Box Office Mojo ComiXology CreateSpace Scalable Cloud Download Discount Audiobooks Books With Free Find Movie Thousands of Indie Print Publishing Computing Services Audio Books on Disc Delivery Worldwide Box Office Data Digital Comics Made Easy

DPReview East Dane Fabric Goodreads IMDb IMDbPro Junglee.com Digital Designer Men's Sewing, Quilting Book reviews Movies, TV Get Info Entertainment Shop Online Photography Fashion & Knitting & recommendations & Celebrities Professionals Need in India

Kindle Direct Publishing Prime Now Prime Photos Shopbop TenMarks.com Warehouse Deals Whispercast Indie Digital Publishing FREE 2-Hour Delivery Unlimited Photo Storage Designer Math Activities Open-Box Discover & Distribute Made Easy on Everyday Items Free With Prime Fashion Brands for Kids & Schools Discounts Digital Content

Withoutabox Woot! Zappos Souq.com Subscribe with Amazon Submit to Deals and Shoes & Shop Online in Discover & try Film Festivals Shenanigans Clothing the Middle East subscription services

https://www.amazon.com/Lion-Sports-Blue-Colors-Vary/dp/B0721CGXP2/... 8/17/2017 Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 61 of 75 PAGEID #: 61

EXHIBIT I

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 62 of 75 PAGEID #: 62

‘688 Patent Lion Sports Pop-Up Pod

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 63 of 75 PAGEID #: 63

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 64 of 75 PAGEID #: 64

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 65 of 75 PAGEID #: 65

‘689 Patent Lion Sports Pop-Up Pod

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 66 of 75 PAGEID #: 66

‘690 Patent Lion Sports Pop-Up Pod

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 67 of 75 PAGEID #: 67

‘996 Patent Lion Sports Pop-Up Pod

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 68 of 75 PAGEID #: 68

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 69 of 75 PAGEID #: 69

Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 70 of 75 PAGEID #: 70 JS 44 (Rev. 08/16) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) ’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4 of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES ’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act ’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC ’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a)) ’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment ’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust & Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking ’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce ’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark ’ 460 Deportation Student Loans ’ 340 Marine Injury Product ’ 470 Racketeer Influenced and (Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations ’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 480 Consumer Credit of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) ’ 490 Cable/Sat TV ’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 850 Securities/Commodities/ ’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI Exchange ’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 890 Other Statutory Actions ’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 891 Agricultural Acts ’ 362 Personal Injury - Product Liability Leave Act ’ 893 Environmental Matters Medical Malpractice ’ 790 Other Labor Litigation ’ 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS Act ’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration ’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) ’ 899 Administrative Procedure ’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of ’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision ’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of ’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes Employment Other: ’ 462 Naturalization Application ’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration Other ’ 550 Civil Rights Actions ’ 448 Education ’ 555 Prison Condition ’ 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an “X” in One Box Only) ’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation - (specify) Transfer Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause:

VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE JS 44 Reverse (Rev. 08/16)Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 71 of 75 PAGEID #: 71

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet. Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 72 of 75 PAGEID #: 72

AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the ______Southern District District of of ______Ohio

Under The Weather, LLC ) ) ) ) Plaintiff(s) ) ) v. Civil Action No. 1:17-cv-00592 ) Christmas Tree Shops, Inc. ) and ) Lion Sports Inc. ) ) Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Christmas Tree Shops, Inc. 650 Liberty Avenue Union, New Jersey 07083

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:

Risto Pribisich Benesch, Friedlander, Coplan & Aronoff LLP 200 Public Square, Suite 2300 Cleveland, Ohio 44114

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: 09/08/2017 Signature of Clerk or Deputy Clerk Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 73 of 75 PAGEID #: 73

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 1:17-cv-00592

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) was received by me on (date) .

u I personally served the summons on the individual at (place) on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify): .

My fees are $ for travel and $ for services, for a total of $0.00 .

I declare under penalty of perjury that this information is true.

Date: Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc: Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 74 of 75 PAGEID #: 74

AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the ______Southern District District of of ______Ohio

Under The Weather, LLC ) ) ) ) Plaintiff(s) ) ) v. Civil Action No. 1:17-cv-00592 ) Christmas Tree Shops, Inc. ) and ) Lion Sports Inc. ) ) Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Lion Sports Inc. 701 Koehler Avenue Suite 2 Ronkonkoma, New York 11779

A lawsuit has been filed against you.

Risto Pribisich Benesch, Friedlander, Coplan & Aronoff LLP 200 Public Square, Suite 2300 Cleveland, Ohio 44114

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: 09/08/2017 Signature of Clerk or Deputy Clerk Case: 1:17-cv-00592-SJD Doc #: 1 Filed: 09/08/17 Page: 75 of 75 PAGEID #: 75

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 1:17-cv-00592

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) was received by me on (date) .

u I personally served the summons on the individual at (place) on (date) ; or

u I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify): .

My fees are $ for travel and $ for services, for a total of $0.00 .

I declare under penalty of perjury that this information is true.

Date: Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc: