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Davis Wright Tremaine LLP
L AW O F FI CE S Suite 2200 1201 Third Avenue
Seattle, Washington 98101-3045

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE TOY INVESTMENTS, INC., d/b/a TOYSMITH, Plaintiff, v. JA-RU, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) No. COMPLAINT FOR PATENT INFRINGEMENT JURY DEMAND

Plaintiff Toy Investments, Inc. d/b/a Toysmith (Toysmith) alleges against Defendant Ja-Ru, Inc. (Ja-Ru) as follows: NATURE OF ACTION

1.

Toysmith asserts patent infringement claims to remedy Ja-Rus past and

continued willful infringement of three Toysmith patents related to wrist toys. 2. Toysmith seeks injunctive relief, monetary damages, and attorneys fees. PARTIES

3.

Toysmith is a corporation organized under the laws of the State of Washington,

with its principal place of business in Sumner, Washington. 4. Toysmith is a toy company that imports, develops, and distributes promotional

products and novelty toys. 5. Ja-Ru is a corporation organized under the laws of the State of Florida.

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III.

JURISDICTION AND VENUE

This action arises under the Patent Act, 35 U.S.C. 1 et seq. The Court has

original subject matter jurisdiction of such claims pursuant to 28 U.S.C. 1331 and 1338(a). The Court has personal jurisdiction over Ja-Ru because it transacts business in

the State of Washington and has committed acts of patent infringement in this judicial district, either directly or through its distributors, by selling or offering for sale products that are 6 covered by the claims of the patents-in-suit. 7 8. 8 9 9. 10 legally issued U.S. Patent No. 6,685,582 (the 582 patent), entitled Wrist Toy. 11 10. 12 11. 13 legally issued U.S. Patent No. 6,971,963 (the 963 patent), entitled Wrist Toy. 14 12. 15 13. 16 legally issued U.S. Patent No. 7,364,518 (the 518 patent), entitled Wrist Toy. 17 14. 18 15. 19 (collectively, the Asserted Patents), and owns all rights, title and interest in, has the sole and 20 exclusive right to enforce, and has standing to sue and the right to recover damages for past, 21 present, and future infringement of, the Asserted Patents. 22 16. 23 24 25 26 27
Davis Wright Tremaine LLP
L AW O F FI CE S Suite 2200 1201 Third Avenue
Seattle, Washington 98101-3045

Venue in this district is proper under 28 U.S.C. 1391(b) and (c) and 1400(b). IV. TOYSMITH AND ITS WRIST TOY PATENTS

On February 3, 2004, the United States Patent and Trademark Office duly and

A true and correct copy of the 582 patent is attached hereto as Exhibit A. On December 6, 2005, the United States Patent and Trademark Office duly and

A true and correct copy of the 963 patent is attached hereto as Exhibit B. On April 29, 2008, the United States Patent and Trademark Office duly and

A true and correct copy of the 518 patent is attached hereto as Exhibit C. Toysmith is the assignee of the 582 patent, the 963 patent, and the 518 patent

Toysmith sells products protected by some or all of the Asserted Patents.

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V.

DEFENDANTS UNLAWFUL ACTIVITIES

Ja-Ru has been and is infringing the Asserted Patents by manufacturing,

importing, using, selling and/or offering for sale in the United States wrist toys, including without limitation, various versions of a product known as a Bounce Back Wrist Ball (the 4 Infringing Products) that infringe one or more claims of the Asserted Patents. 5 18. 6 19. 7 directly and through distributors, and through other channels of trade. 8 20. 9 sell, or offer to sell products covered by the Asserted Patents. 10 21. 11 July 2011. 12 22. 13 providing it with copies of the Asserted Patents and notice of its Infringing Products. 14 23. 15 manufacturing, using, selling and/or offering for sale Infringing Products in the United States. 16 17 18 19 20 21 22 23 24 25 26 27
Davis Wright Tremaine LLP
L AW O F FI CE S Suite 2200 1201 Third Avenue
Seattle, Washington 98101-3045

Toysmith and Ja-Ru are direct competitors. Ja-Ru has sold and is selling the Infringing Products in the United States,

Ja-Ru does not have a license, either exclusive or nonexclusive, to make, use,

Ja-Ru has been aware of Toysmiths rights in the Asserted Patents since at least

By letter dated July 7, 2011, Toysmith notified Ja-Ru of its infringing activity,

Despite this notice, Ja-Ru willfully infringes the Asserted Patents by

VI.

CLAIMS

COUNT I PATENT INFRINGEMENT Infringement of the 582 Patent 24. 25. Toysmith repeats the foregoing allegations as if fully set forth herein. Ja-Rus acts constitute infringement of one or more claims of the 582 patent,

including without limitation, claim 35, in violation of 35 U.S.C. 271. 26. Toysmith has been and continues to be damaged by Ja-Rus infringement in an

amount to be proven at trial and in a manner that cannot be fully measured or compensated in economic terms and for which there is no adequate remedy at law. Ja-Rus actions have injured, and will continue to injure, Toysmiths business, market, reputation, and goodwill.

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27.

Ja-Rus unlawful acts of infringement of the 582 patent will continue unless

enjoined by this Court. COUNT II PATENT INFRINGEMENT Infringement of the 963 Patent 28. 29. Toysmith repeats the foregoing allegations as if fully set forth herein. Ja-Rus acts constitute infringement of one or more claims of the 963 patent,

including without limitation, claim 1, in violation of 35 U.S.C. 271. 30. Toysmith has been and continues to be damaged by Ja-Rus infringement in an

amount to be proven at trial and in a manner that cannot be fully measured or compensated in economic terms and for which there is no adequate remedy at law. Ja-Rus actions have injured, and will continue to injure, Toysmiths business, market, reputation, and goodwill. 31. Ja-Rus unlawful acts of infringement of the 963 patent will continue unless

enjoined by this Court. COUNT III PATENT INFRINGEMENT Infringement of the 518 Patent 32. 33. Toysmith repeats the foregoing allegations as if fully set forth herein. Ja-Rus acts alleged constitute infringement of one or more claims of the 518

patent, including without limitation, claim 6, in violation of 35 U.S.C. 271. 34. Toysmith has been and continues to be damaged by Ja-Rus infringement in an

amount to be proven at trial and in a manner that cannot be fully measured or compensated in economic terms and for which there is no adequate remedy at law. Ja-Rus actions have injured, and will continue to injure, Toysmiths business, market, reputation, and goodwill. 35. Ja-Rus unlawful acts of infringement of the 518 patent will continue unless

enjoined by this Court. VII. JURY TRIAL DEMAND

Toysmith hereby demands a trial by jury of all issues so triable.

Davis Wright Tremaine LLP

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VIII. PRAYER FOR RELIEF Wherefore, Toysmith respectfully requests the following relief: An injunction prohibiting Ja-Ru, and all those acting in concert or participation

with it, from further acts of infringement of the 582 patent; An injunction prohibiting Ja-Ru, and all those acting in concert or participation

with it, from further acts of infringement of the 963 patent; An injunction prohibiting Ja-Ru, and all those acting in concert or participation

with it, from further acts of infringement of the 518 patent; An award to Toysmith of such damages as it can prove at trial against Ja-Ru

sufficient to fully and adequately compensate Toysmith for the acts of infringement that have occurred, said damages to be no less than a reasonable royalty; 11 E. 12 infringement, pursuant to 35 U.S.C. 284, together with prejudgment interest; 13 F. 14 E. 15 16 DATED this 13th day of July, 2012. 17 18 19 20 21 22 23 24 25 26 27
Davis Wright Tremaine LLP
L AW O F FI CE S Suite 2200 1201 Third Avenue
Seattle, Washington 98101-3045

An award to Toysmith for any damages so determined that are found for willful

An award to Toysmith of costs and its reasonable attorneys fees; and Such other and further relief as this Court may deem just and proper.

Davis Wright Tremaine LLP Attorneys for Plaintiff Toy Investments, Inc. By /s/ Warren J. Rheaume Warren J. Rheaume, WSBA #13627 /s/ John A. Goldmark_ __________ John A. Golmark, WSBA #40980 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 Tel: (206) 757-8265; Fax: (206) 757-7265 Email: warrenrheaume@dwt.com Email: johngoldmark@dwt.com

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