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: 6 7 8 9 10 11 12 13 14 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 18 19 20 21 22 23 24 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.