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Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 1 of 15

1 THE HONORABLE RICARDO S. MARTINEZ

2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 COLUMBIA SPORTSWEAR COMPANY, Case No. 2:13-cv-2175-RSM 10 an Oregon corporation, COLUMBIA SPORTSWEAR NORTH FIRST AMENDED COMPLAINT FOR 11 AMERICA, INC., an Oregon corporation, PATENT INFRINGEMENT and COLUMBIA SPORTSWEAR USA 12 CORPORATION, an Oregon corporation, DEMAND FOR JURY TRIAL

13 Plaintiffs,

14 v.

15 SEIRUS INNOVATIVE ACCESSORIES, INC., a Utah corporation, 16 Defendant. 17

18 COMPLAINT 19 Plaintiffs, Columbia Sportswear Company, Columbia Sportswear North America, 20 Inc., and Columbia Sportswear USA Corporation (collectively, “Columbia Sportswear”) 21 bring this First Amended Complaint for patent infringement against Defendant Seirus 22 Innovative Accessories, Inc. (“Seirus”), and allege as follows:

23 NATURE OF THE ACTION 24 1. This is an action for patent infringement arising under the patent laws of the 25 United States, including 35 U.S.C. § 271, §§ 281-285 and § 289.

26 2. This lawsuit pertains to the Defendant’s infringement of Columbia

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 1 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 2 of 15

1 Sportswear’s U.S. Patent Nos. D657,093 (the “‘093 Patent”), 8,424,119 (the “‘119 Patent”), 2 and 8,453,270 (the “‘270 Patent”) (collectively, the “Columbia Patents”). 3 3. Columbia Sportswear seeks injunctive relief and damages against Defendant.

4 THE PARTIES 5 4. Plaintiff Columbia Sportswear Company is a corporation organized and 6 existing under the laws of the State of Oregon, with its principal place of business in 7 Portland, Oregon. Columbia Sportswear Company is the ultimate parent company of 8 Columbia Sportswear North America, Inc. and Columbia Sportswear USA Corporation, and 9 is responsible for Columbia Sportswear’s global design, sourcing and management. 10 5. Plaintiff Columbia Sportswear North America, Inc. is a corporation organized 11 and existing under the laws of the State of Oregon, with its principal place of business 12 located in Portland, Oregon. Columbia Sportswear North America, Inc. is the owner of all of 13 Columbia Sportswear’s North American intellectual property. 14 6. Plaintiff Columbia Sportswear USA Corporation is a corporation organized 15 and existing under the laws of the State of Oregon, with its principal place of business 16 located in Portland, Oregon. Columbia Sportswear USA Corporation is directly responsible 17 for all of Columbia Sportswear’s sales in the United States. 18 7. Upon information and belief, Defendant Seirus Innovative Accessories, Inc. is 19 a Utah corporation having a principal place of business located in Poway, California. On 20 information and belief, Defendant Seirus manufactures and sells gloves, glove components, 21 and other sportswear accessories. Defendant Seirus has qualified to do business in the state 22 of Washington where it sells sportswear products through approved retailers.

23 JURISDICTION AND VENUE 24 8. Columbia Sportswear’s cause of action for patent infringement against Seirus 25 arises under the patent laws of the United States, 35 U.S.C. § 101 et seq., including §§ 271, 26 281-85 and 289. This Court has original jurisdiction over this subject matter pursuant to

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 2 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 3 of 15

1 28 U.S.C. §§ 1331 and 1338(a). 2 9. This Court has personal jurisdiction over Seirus because it is a corporation 3 qualified to and doing business under the laws of the State of Washington. Furthermore, this 4 Court has jurisdiction over Seirus because it has infringed the Columbia Patents in this 5 district by selling infringing products for resale to consumers by retail stores, including in 6 Everett, Washington, and/or by inducing retailers to sell its infringing products in this 7 district. Upon information and belief, Seirus also offers or has offered the infringing 8 products for sale through advertising materials circulated to potential customers in this 9 district and maintains an Internet site available to consumers within this district on which it 10 advertises its products and hosts a search function whereby users can enter a city or zip code 11 in order to search for local retail stores where Seirus products are sold. 12 10. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) & (c) 13 and 1400(b). Upon information and belief, Seirus has committed acts of infringement in this 14 district by selling and offering to sell products that infringe the Columbia Patents within this 15 judicial district.

16 FACTUAL BACKGROUND 17 11. Columbia Sportswear is a leading innovator in the global outdoor apparel, 18 footwear, accessories and equipment markets. Founded in 1938, Columbia Sportswear 19 apparel, footwear, accessories and equipment have earned a reputation for innovation, quality 20 and performance, serving the needs of outdoor enthusiasts in more than 100 countries. 21 12. Columbia Sportswear owns all right, title, and interest in the ‘093 Patent, 22 entitled “HEAT REFLECTIVE MATERIAL,” which was duly and legally issued to 23 Columbia Sportswear by the United States Patent and Trademark Office on April 3, 2012. 24 The ‘093 Patent has a single claim that covers the ornamental design for the heat reflective 25 material as shown and described in the figures incorporated into the ‘093 Patent. Figures 1 26 and 2 of the ‘093 Patent, which show an elevational view and enlarged view of the heat

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 3 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 4 of 15

1 reflecting material, are shown below: 2 3 4 5 6 7 8 9 10 11 12 13 Figure 8 of the ‘093 patent shows the heat reflective material as used in handwear: 14 15 16 17 18 19 20 21 22 23 13. Columbia Sportswear owns all right, title, and interest in the ‘119 Patent, 24 entitled “PATTERNED HEAT MANAGEMENT MATERIAL,” which was duly and legally 25 issued to Columbia Sportswear by the United States Patent and Trademark Office on 26 April 23, 2013. The ‘119 Patent is directed to body gear using an array of heat managing

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 4 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 5 of 15

1 elements coupled to a base material to direct body heat while also maintaining desirable 2 transfer and other functional properties of the base material. Figure 10 of the ‘119 Patent 3 depicts use of the heat management material in a glove: 4 5 6 7 8 9 10 11 12 13 14 Figure 3D of the ‘119 Patent depicts an example of one of multiple patterns contemplated by 15 Columbia Sportswear for use in heat management material, a wavy line pattern: 16 17 18 19 20 21 22 23 24 25 14. Columbia Sportswear owns all right, title, and interest in the ‘270 Patent, 26 entitled “PATTERNED HEAT MANAGEMENT MATERIAL,” which was duly and legally

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 5 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 6 of 15

1 issued to Columbia Sportswear by the United States Patent and Trademark Office on June 4, 2 2013. The ‘270 Patent is directed to body gear using an array of heat managing elements 3 coupled to a base material to direct body heat while also maintaining desirable transfer 4 properties of the base material. Figure 10 of the ‘270 Patent depicts use of the heat 5 management material in a glove:

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15 Figure 3D of the ‘270 Patent depicts an example of one of multiple patterns contemplated by 16 Columbia Sportswear for use in heat management material, a wavy line pattern: 17

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25 15. Defendant Seirus sells gloves under the trade name HEATWAVE that 26

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 6 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 7 of 15

1 incorporate a lining with reflective material as shown below: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 7 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 8 of 15

1 16. The advertising tag included with the Seirus HEATWAVE glove describes 2 the function of the reflective lining material as returning 20 percent more warmth to the user 3 by reflecting the heat emitted from the wearer’s body back toward the wearer but while 4 permitting moisture transfer. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 17. Seirus also sells a glove liner made of the HEATWAVE fabric called the 20 HEATWAVE LINER: 21 22 23 24 25 26

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 8 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 9 of 15

1 2 3 4 5 6 7 8 9 10 11 12 13 On its website (http://www.seirus.com/snow-sports-detail/2351/), Seirus instructs consumers 14 that the glove liner is to be combined with a glove in order to increase heat: “Our exclusive 15 Heatwave lining as a standalone glove liner lets you increase the heat of any glove.” 16 18. Columbia Sportswear, suspecting the Seirus HEATWAVE fabric infringed 17 the Columbia Patents, purchased a pair of gloves for study from the Sound Safety Products 18 store in Everett, Washington. Columbia Sportswear confirmed the Seirus gloves infringed its 19 ‘093 Patent and promptly notified Seirus of the infringement on December 4, 2013. 20 Columbia Sportswear’s notification to Seirus included that Columbia Sportswear was 21 investigating whether the HEATWAVE fabric infringed various utility patents ownedby 22 Columbia Sportswear directed to heat management material. After further investigation, 23 Columbia Sportswear has concluded the HEATWAVE fabric infringes its ’270 Patent and 24 ’119 Patent, in addition to the ‘093 Patent. Seirus’ continued sale of gloves and glove liners 25 made with the HEATWAVE fabric willfully disregards Columbia Sportswear’s rights in the 26 Columbia Patents.

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 9 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 10 of 15

1 COUNT I – 2 INFRINGEMENT OF UNITED STATES 3 PATENT D657, 093 4 19. Columbia Sportswear restates and realleges each of the allegations, 5 photographs and figures of paragraphs 1-18 as if fully set forth herein. 6 20. Seirus has been, and presently is, infringing the ‘093 Patent within this 7 judicial district by manufacturing or importing into, using, selling and/or offering for sale 8 handwear that embody the patented invention disclosed in the ‘093 Patent, in violation of 9 35 U.S.C. §§ 271 and 289. 10 21. Seirus is not licensed or otherwise authorized by Columbia Sportswear to 11 make, use, import, sell, or offer to sell any product with heat reflective material whose design 12 is covered by the ‘093 Patent and its conduct is, in every instance, without Columbia 13 Sportswear’s consent. 14 22. The design of Seirus’ HEATWAVE fabric so closely resembles the invention 15 disclosed in the ‘093 Patent that an ordinary observer would be deceived into purchasing 16 Seirus’ HEATWAVE handwear in the mistaken belief that it includes the invention disclosed 17 in the ‘093 Patent. Seirus will continue to manufacture and sell its HEATWAVE handwear 18 unless enjoined by this Court. 19 23. Due to Seirus’ infringement of the ‘093 Patent, Columbia Sportswear is 20 entitled to recover from Seirus damages adequate to compensate for the infringement in an 21 amount subject to proof at trial, but in no event less than a reasonable royalty, together with 22 interest and costs as fixed by this Court under 35 U.S.C. § 284. As an additional remedy for 23 Seirus’ infringement of the ‘093 Patent, Columbia Sportswear is entitled to recover Seirus’ 24 total profits from the sale of its HEATWAVE handwear, but not less than $250 for each 25 article of manufacture or any colorable imitation thereof to which Seirus applied the patented 26 design or which Seirus sold or exposed for sale and to which such design or colorable

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 10 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 11 of 15

1 imitation has been applied, under 35 U.S.C. § 289. 2 24. Due to Seirus’ infringement of the ‘093 Patent, Columbia Sportswear has 3 suffered, is suffering, and will continue to suffer irreparable injury and damage for which 4 Columbia Sportswear has no adequate remedy at law. Columbia Sportswear is therefore 5 entitled to a permanent injunction against Seirus’ further infringing conduct. 6 COUNT II – 7 INFRINGEMENT OF UNITED STATES 8 PATENT 8,424,119 9 25. Columbia Sportswear restates and realleges each of the allegations, 10 photographs and figures of paragraphs 1-18 and 20-24 as if fully set forth herein. 11 26. Upon information and belief, Seirus is aware of the ’119 Patent and is 12 manufacturing or importing into, using, selling and/or offering for sale gloves and glove 13 liners made with the HEATWAVE fabric with knowledge of the ’119 Patent. 14 27. Seirus has been, and presently is, directly infringing the ‘119 Patent, literally 15 or under the doctrine of equivalents, within this judicial district by manufacturing or 16 importing into, using, selling and/or offering for sale gloves that include the HEATWAVE 17 fabric that embodies the patented invention disclosed in the ‘119 Patent, in violation of 18 35 U.S.C. §§ 271 and 289. 19 28. Seirus’ importation into, using, selling and/or offering for sale glove liners 20 comprised of the HEATWAVE fabric directly infringes the ‘119 Patent under 35 USC § 271, 21 literally or under the doctrine of equivalents. Alternatively, Seirus’ actions regarding the 22 glove liners contributorily infringe the ‘119 Patent because the HEATWAVE fabric is a 23 material component of the invention disclosed in the ‘119 Patent, the glove liners have no 24 substantial non-infringing uses, and Seirus has acted with knowledge of the ‘119 Patent. 25 Furthermore, Seirus, through its actions and specifically by instructing customers to combine 26 the HEATWAVE LINER with existing gloves, is inducing customers who buy the glove

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 11 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 12 of 15

1 liner to infringe the ‘119 Patent. 2 29. Seirus is not licensed or otherwise authorized by Columbia Sportswear to 3 make, use, import, sell, or offer to sell any product with heat management material covered 4 by the ‘119 Patent and its conduct is, in every instance, without Columbia Sportswear’s 5 consent. 6 30. Columbia Sportswear is entitled to recover from Seirus the damages sustained 7 by Columbia Sportswear as a result of Seirus’ wrongful acts in an amount subject to proof at 8 trial, including lost profits and an amount not less than a reasonable royalty, together with 9 interest and costs as fixed by this Court under 35 U.S.C. § 284. 10 31. The infringement by Seirus of the ’119 Patent will continue to cause 11 Columbia Sportswear irreparable injury and damage for which there is no adequate remedy 12 at law unless and until Seirus is enjoined from infringing the ’119 Patent. 13 32. Upon information and belief, Seirus’ infringement of the ’119 Patent has been 14 and continues to be willful in light of its knowledge of the ’119 Patent. Accordingly, this is 15 an exceptional case under 35 U.S.C. § 285 and Columbia Sportswear is entitled to enhanced 16 damages, attorneys’ fees and litigation expenses incurred. 17 COUNT III – 18 INFRINGEMENT OF UNITED STATES 19 PATENT 8,453,270 20 33. Columbia Sportswear restates and realleges each of the allegations, 21 photographs and figures of paragraphs 1-18, 20-24, and 25-32 as if fully set forth herein. 22 34. Upon information and belief, Seirus is aware of the ’270 Patent and is 23 manufacturing or importing into, using, selling and/or offering for sale gloves and glove 24 liners made with the HEATWAVE fabric with knowledge of the ’270 Patent. 25 35. Seirus has been, and presently is, directly infringing the ‘270 Patent, literally 26 or under the doctrine of equivalents, within this judicial district by manufacturing or

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 12 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 13 of 15

1 importing into, using, selling and/or offering for sale gloves that include the HEATWAVE 2 fabric that embodies the patented invention disclosed in the ‘270 Patent, in violation of 3 35 U.S.C. §§ 271 and 289. 4 36. Seirus’ importation into, using, selling and/or offering for sale glove liners 5 comprised of the HEATWAVE fabric directly infringes the ‘270 Patent under 35 USC § 271, 6 literally or under the doctrine of equivalents. Alternatively, Seirus’ actions regarding the 7 glove liners contributorily infringe the ‘270 Patent because the HEATWAVE fabric is a 8 material component of the invention disclosed in the ‘270 Patent, the glove liners have no 9 substantial non-infringing uses, and Seirus has acted with knowledge of the ‘270 Patent. 10 Furthermore, Seirus, through its actions and specifically by instructing customers to combine 11 the HEATWAVE LINER with existing gloves, is inducing customers who buy the glove 12 liner to infringe the ‘270 Patent. 13 37. Seirus is not licensed or otherwise authorized by Columbia Sportswear to 14 make, use, import, sell, or offer to sell any product with heat management material covered 15 by the ‘270 Patent and its conduct is, in every instance, without Columbia Sportswear’s 16 consent. 17 38. Columbia Sportswear is entitled to recover from Seirus the damages sustained 18 by Columbia Sportswear as a result of Seirus’ wrongful acts in an amount subject to proof at 19 trial, including lost profits and an amount not less than a reasonable royalty, together with 20 interest and costs as fixed by this Court under 35 U.S.C. § 284. 21 39. The infringement by Seirus of the ’270 Patent will continue to cause 22 Columbia Sportswear irreparable injury and damage for which there is no adequate remedy 23 at law unless and until Seirus is enjoined from infringing the ’270 Patent. 24 40. Upon information and belief, Seirus’ infringement of the ’270 Patent has been 25 and continues to be willful in light of its knowledge of the ’270 Patent. Accordingly, this is 26

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 13 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 14 of 15

1 an exceptional case under 35 U.S.C. § 285 and Columbia Sportswear is entitled to enhanced 2 damages, attorneys’ fees and litigation expenses incurred.

3 PRAYER FOR RELIEF 4 WHEREFORE, Columbia Sportswear respectfully requests that the Court enter 5 judgment in its favor against Defendant Seirus, granting the following relief: 6 A. A declaration that the Columbia Patents are valid and enforceable; 7 B. A judgment and declaration that Seirus has infringed the Columbia Patents 8 literally and/or under the doctrine of equivalents; 9 C. A grant of permanent injunction pursuant to 35 U.S.C. § 283, enjoining 10 Seirus and its agents, servants, officers, directors, employees, affiliated entities and all 11 persons in active concern or participation with them from continued infringement of the 12 Columbia Patents; 13 D. An award of damages adequate to compensate Columbia Sportswear for 14 Seirus’ infringement of the Columbia Patents, but in no event less than a reasonable royalty 15 for the use made of the invention disclosed in the Columbia Patents by Seirus, together with 16 interest and costs as fixed by the Court, pursuant to 35 U.S.C. § 284; 17 E. An award to Columbia Sportswear equal to Seirus’ total profits from the 18 sale of its HEATWAVE handwear, but not less than $250 for each article of manufacture or 19 any colorable imitation thereof to which Seirus applied the patented design or which Seirus 20 sold or exposed for sale and to which such design or colorable imitation has been applied, 21 pursuant to 35 U.S.C. § 289; 22 F. Enhancement of the damage award based on Seirus’ willful infringement of 23 the Columbia Patents. 24 G. An award of attorneys’ fees pursuant to 35 U.S.C. § 285; and 25 H. Such other relief as this Court deems to be just and equitable. 26

SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 14 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4 Case 2:13-cv-02175-RSM Document 10 Filed 04/02/14 Page 15 of 15

1 DEMAND FOR JURY TRIAL 2 Pursuant to Fed. R. Civ. P. 38(b), Columbia Sportswear respectfully requests a trial 3 by jury of all issues so triable. nd 4 Dated this 2 day of April, 2014.

5 SCHWABE, WILLIAMSON & WYATT, P.C. 6 7 By: s/ Devon Zastrow Newman David W. Axelrod, appearing pro hac vice 8 Email: [email protected] Devon Zastrow Newman, WSBA #36462 9 Email: [email protected] 1211 S.W. 5th Avenue, Suite 1600 10 Portland, OR 97204 Telephone: 503.222.9981 11 Facsimile: 503.796.2900

12 Attorneys for Plaintiffs, Columbia Sportswear Company, Columbia 13 Sportswear North America, Inc., and Columbia Sportswear USA Corporation 14 Trial Attorney: David W. Axelrod 15

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SCHWABE, WILLIAMSON & WYATT, P.C. FIRST AMENDED COMPLAINT FOR PATENT Attorneys at Law Pacwest Center INFRINGEMENT - 15 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 No.2:13-cv-2175-RSM Telephone 503-222-9981 PDX\106477\192966\DZN\13608706.4