UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

THE OHIO WILLOW WOOD COMPANY, Plaintiff, v. ALPS SOUTH, LLC, Defendant.

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CASE NO.: 2:13-cv-860

CIVIL COMPLAINT WITH JURY DEMAND Plaintiff, THE OHIO WILLOW WOOD COMPANY (Ohio Willow Wood), for its Complaint against Defendant, ALPS SOUTH, LLC (ALPS) avers as follows: PARTIES TO THIS CIVIL ACTION 1. Plaintiff, Ohio Willow Wood, is an Ohio Corporation having its principal place of

business in Mt. Sterling, Ohio. 2. Defendant, ALPS, is a Florida corporation with its principal office in St. Petersburg,

Florida. NATURE OF THE ACTION 3. This is an action for patent infringement in violation of 35 U.S.C. 271(a), (b), and (c). JURISDICTION AND VENUE 4. This is a cause of action for patent infringement that arises under the patent laws of the

United States, Title 35 of the United States Code. Subject matter jurisdiction is proper under 28 U.S.C. 1331, 1332 and 1338(a).

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The Court has personal jurisdiction over Defendant at least by virtue of Defendants

internet business activities in this judicial district and elsewhere in the state of Ohio, by virtue of Defendants national advertisement in this judicial district and elsewhere in the state of Ohio, and by virtue of Defendants acts of infringement in Ohio and in this district. 6. ALPS is a manufacturer and supplier of prosthetic and orthotic solutions for amputee

patients. 7. According to its website, ALPS provides sleeves, liners, locks, skin care, socks and

other products that facilitate comfort and security for both above and below knee amputee patients. http://www.easyliner.com/index.html, last visited on August 30, 2013 (a screenshot of which is attached hereto as Exhibit A). 8. ALPS manufactures, sells and offers to sell a variety of prosthetic products including http://www.easyliner.com/prosthetics.php, last visited on

locking liners and cushion liners.

August 30, 2013 (a screenshot of which is attached hereto as Exhibit B). 9. A locking liner is a prosthetic liner that has a distal attachment for locking the liner into

place within a prosthetic socket. 10. According to its 2013 Product Catalog, ALPS makes and offers to sell several prosthetic

liners having both a cushion liner version and a locking liner version, as well as solely locking or cushion liners. ALPS Product Catalog 2013, pp. 3, 7, 9-18, and 21-24 (attached hereto as Exhibit C). Specifically, ALPS manufactures, sells and offers to sell gel liners, made from a fabric and a gel composition, known generally as the General Purpose Liner (locking and non-locking), the Easyliner (locking and non-locking), the Thermoliner (locking and non-locking), the Proximal Seal Interface Liner (non-locking), the Extreme Liner (locking and non-locking), the EZ Flex

Liner (locking), and the Liberty II Liner (locking and non-locking) (collectively ALPS gel liners). Id. 11. According to its website, ALPS employs a sales representative, Mike Chan, for the sale

of ALPS gel liners in the state of Ohio; including sales within this District. http://www.easyliner.com/find-sales-states.php, last visited August 30, 2013 (a screenshot of which is attached hereto as Exhibit D). 12. Upon information and belief, ALPS gel liners are available for online purchase in this

District at least from distributors such as Cascade Orthopedic Supply, Inc. (a true and accurate copy of Cascades website that permits customers to order ALPS gel liners is attached as Exhibit E), ProTech Distributors Inc. (a true and accurate copy of ProTechs website that permits customers to order ALPS gel liners is attached as Exhibit F), SPS (a true and accurate copy of SPSs website that indicates ALPS products are available in this District is attached as Exhibit G). 13. 14. 15. 16. ALPS sells or offers to sell ALPS gel liners within this District. Customers who are resident within this District can purchase ALPS gel liners. Customers within this District have purchased ALPS gel liners. In addition to its acts of infringement within this District, ALPS is subject to personal

jurisdiction at least as a result of waiving any claim of lack of jurisdiction and appearing before this Court in the following cases: Alps South, LLC v. The Ohio Willow Wood Company, et al. Case No. 2:09-cv-1027; The Ohio Willow Wood Company v. Alps South, LLC, Case No. 2:05cv-1039; and The Ohio Willow Wood Company v. ALPS South Corporation, Case No. 2:04-cv01223.

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Venue in this district is proper under 28 U.S.C. 1391(b), 1391(c) and 1400(b) at least by

virtue of Defendants conduct within this judicial district and elsewhere throughout the state of Ohio, by virtue of Defendants national advertisement within this judicial district and elsewhere throughout the state of Ohio, and by virtue of Defendants acts of infringement in Ohio and this district. STATEMENT OF CLAIM 18. 19. The allegations of the preceding paragraphs are incorporated as if fully set forth herein. Ohio Willow Wood is the owner of all right, title, and interest in and to United States

Letters Patent No. 8,523,951 entitled Prosthetic Socket Interface and Assembly (hereinafter the 951 patent), which duly and legally issued to Ohio Willow Wood on September 3, 2013, as assignee of the inventor. A true and accurate copy of the 951 patent will be noticed upon this Court once available. 20. The 951 patent was issued to the plaintiff for an invention in a prosthetic component

known in the prosthetic and orthotics art as a gel liner. The 951 patent additionally includes claims directed to a prosthetic assembly including both a prosthetic leg and gel liner. 21. action. COUNT I DIRECT PATENT INFRINGEMENT 22. 23. The allegations of the preceding paragraphs are incorporated as if fully set forth herein. Defendants business is predicated in part on its making, using, selling, and/or offering to Defendant has had knowledge of the 951 patent since at least the commencement of this

sell a variety of products covered by the 951 patent including, but not limited to, gel liners known generally as the General Purpose Liner, the Easyliner, the Thermoliner, the Proximal Seal Interface Liner, the Extreme Liner, the EZ Flex Liner, and the Liberty II Liner. (Ex. C).

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ALPS gel liners are prosthetic components having a layer of durable fabric of a shape

having a proximal open end for introduction of a residual leg. 25. ALPS gel liners are prosthetic components having a closed end for covering a distal end

of a residual leg. 26. ALPS gel liners have a sufficient length of fabric to rise from the distal end of a residual

leg over an entire portion of the residual leg to be covered by a prosthetic socket. 27. ALPS gel liners have a cushioning gel layer made from a block copolymer and

plasticizing oil secured to the inside surface of the fabric. 28. ALPS gel liners have a gel layer that is in direct contact with a residual leg while

cushioning the residual leg inside a prosthetic socket. 29. 30. ALPS gel liners have an outer surface of fabric free of gel. ALPS gel liners have a thickness such that the fabric and gel act as a standalone interface

between the residual leg and a prosthetic liner. 31. ALPS gel liners have sufficient flexibility and elasticity to conform to the shape of a

residual leg. 32. ALPS gel liners are capable of eliminating air pockets between the residual leg and the

gel layer. 33. At least some of ALPS gel liners have a docking element secured to the fabric at the

distal end. 34. At least some of ALPS gel liners have a docking element that aids in coupling the gel

liner prosthetic component to a prosthetic socket. 35. 36. At least some of ALPS gel liners have a docking element molded directly to a fabric. ALPS gel liners have a seamless gel layer.

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At least some of ALPS gel liners have a gel layer that is thicker at the closed end than at

the open end. 38. At least some of ALPS gel liners have a gel layer that is unevenly distributed such that

the posterior middle and upper portion is thinner and the distal anterior lateral portion is thicker. 39. 40. ALPS gel liners have a gel made with mineral oil. ALPS gel liners have a length of in the range of 10 to 25 inches as measured from the

open end to the closed end. 41. 42. 43. 44. 45. At least some of ALPS gel liners have an overall thickness between 0.150-0.500 inches. At least some of ALPS gel liners have biocide in the gel layer. At least some of ALPS gel liners have at least one vitamin in the gel layer. ALPS gel liners have a gel layer Shore A hardness of between about 1 to about 20. Upon information and belief, ALPS gel liners have a gel layer Shore 00 hardness of

between about 1 to about 100. 46. 47. 48. ALPS gel liners have a fiber-on-end fabric. ALPS gel liners have stretchable nonwoven fabric. ALPS gel liners enclose and cushion a residual leg of an amputee while the residual leg

resides within a prosthetic socket. 49. ALPS gel liners have fabric seamlessly coated on only the inside surface with a block

copolymer and mineral oil composition. 50. 51. ALPS gel liners have a hardness approximating that of human skin. At least some of ALPS gel liners have a gel composition unevenly distributed such that

the posterior middle and upper portion is thinner and the anterior medial and anterior lateral portions are thicker.

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ALPS gel liners are standalone residual leg-prosthetic socket interfaces. ALPS gel liners enclose a residual leg without trapping air pockets when donned. ALPS provides instructions that direct users of the ALPS gel liners to remove any air

pockets trapped between the residual limb and the liner accompanying the ALPS gel liners. 55. 56. ALPS gel liners have a fabric covering between about 0.025 and 0.200 inches thick. ALPS gel liners have a continuous and seamless layer of cushioning and shape-

conforming block copolymer and mineral oil gel composition residing on only an interior surface of the fabric. 57. ALPS gel liners have a gel composition extending from the closed end of the fabric and

covering the entire portion of the residual leg to be inserted into a prosthetic liner. 58. 59. At least some of ALPS gel liners have a uniform gel composition thickness. ALPS gel liners have a gel composition tapering uniformly from a greater thickness near

the closed end to a lesser thickness near the open end. 60. ALPS gel liners have a docking element for coupling the residual leg-prosthetic interface

to a prosthetic socket of a prosthesis. 61. 62. ALPS gel liners are a tube-shaped cushion liner. As a result of the facts established in the preceding paragraphs, ALPS by manufacturing,

selling, and/or offering to sell the ALPS gel liners, including but not limited to the General Purpose Liner, the Easyliner, the Thermoliner, the Proximal Seal Interface Liner, the Extreme Liner, the EZ Flex Liner, and the Liberty II Liner infringes one or more patent claims of the 951 patent. 63. As a result of at least the General Purpose Liner, the Easyliner, the Thermoliner, the

Proximal Seal Interface Liner, the Extreme Liner, the EZ Flex Liner, and the Liberty II Liner,

ALPS has been, and is now, infringing claims of the 951 patent: (1) by making, using, offering to sell and/or selling within this judicial district, and elsewhere in the United States, products which embody the invention claimed in the 951 patent. 64. ALPS activities with respect to the 951 patent are without authority or license from

Ohio Willow Wood. 65. ALPS has been, and continues, making, using, offering to sell, and/or selling products

that infringe the 951 patent without a license from Ohio Willow Wood. 66. As a result of the infringement by ALPS, Ohio Willow Wood has been damaged and will

continue to be damaged in an amount to be determined at trial. 67. Ohio Willow Wood has also suffered and will continue to suffer irreparable injury unless

this Court enjoins ALPS activities. COUNT II INDIRECT PATENT INFRINGEMENT 68. Plaintiff incorporates the allegations set forth in the paragraphs above as though fully set

forth herein. 69. Upon information and belief, Defendant has, under 35 U.S.C. 271(b), indirectly

infringed, and continues to indirectly infringe the 951 patent by, inter alia, inducing others to make, use, sell and/or offering to sell the above mentioned ALPS gel liners covered by the 951 patent, and distributing, marketing, and advertising those products covered by the 951 patent in this judicial district and elsewhere in the United States. 70. Upon information and belief, at least as early as the commencement of this lawsuit,

Defendant had knowledge of the 951 patent. Despite having such knowledge of the 951 patent, Defendant has continued to make its products available to its customers.

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Defendants customers directly infringe the 951 patent by, for example, (1) using the

ALPS gel liners for covering a residual leg and (2) using an ALPS gel liner with a prosthetic socket. 72. Defendant is aware that it provides its customers with products that are used in a manner

that knowingly infringes the 951 patent, and encourages customers to use those products in a manner which infringes at least one claim of the 951 patent. For example, Defendant

knowingly provides its customers with, inter alia: instruction manuals accompanying the purchased ALPS gel liners that instruct a customer on the proper procedure for donning an ALPS gel liner and instructing the customer to place the ALPS gel liner covered residual limb into a prosthetic socket. 73. Defendant continues to instruct its customers on using the infringing ALPS gel liners as

well as instructing its users to insert the ALPS gel liner covered residual limb into a socket in violation of one or more claims of the 951 patent. (Instruction manual composite exhibit attached hereto as Exhibit H). These instructions evidence clear intent by the Defendant to induce that which Defendant knows would be actual infringement of the 951 Patent on the part of its customers. 74. According to its website, Defendant advertises it ALPS gel liners as ALPS prosthetic

liners. The use of the language prosthetic liners indicates that Defendant is encouraging the use of its ALPS gel liners in conjunction with prosthesis; more specifically that the ALPS gel liners are to be worn inside a prosthetic socket. 75. Defendant also provides case histories on its website (a screenshot of which is attached

hereto as Exhibit I) describing amputees that used at least one the ALPS gel liners. The use of the ALPS gel liners by the patients in the case studies constitutes direct infringement on the part

of the customer. Specifically, in case history 1, the patient was fit with an Easyliner Cushion Gel Liner made and sold by ALPS and an EasySleeve Sealing Gel Sleeve. Id. These products were worn by the patient in conjunction with a prosthetic socket and formed a suction suspension system to ensure the prosthetic socket stayed on the residual limb of the patient. Id. The case histories are provided to advertise its ALPS gel liners and encourage other customers to use the ALPS gel liners to infringe the claims of the 951 patent. 76. Accordingly, Defendant is actively and knowingly aiding and abetting its customers

direct infringement of the 951 patent. As direct and proximate result of Defendants acts of inducing infringement of the 951 patent, Plaintiff has suffered injury and monetary damages for which Plaintiff is entitled to relief, in no event less than a reasonable royalty to compensate for Defendants infringement. 77. Upon information and belief, Defendant will continue to induce infringement of the 951

patent, causing immediate and irreparable harm unless this Court enjoins and restrains Defendants activities, specifically the acts of making, using, selling and offering to sell ALPS gel liners. 78. Upon information and belief, the induced infringement by Defendant has, and will,

deprive Plaintiff of royalties and other related revenue which Plaintiff would have made or would enjoy in the future; has injured Plaintiff in other respects; and will cause Plaintiff added injury and damages unless Defendant is enjoined from inducing infringement of the 951 patent on all gel liner products Defendant will make, use, sell, or offers to sell until the expiration of the 951 patent. 79. Upon information and belief, Defendant has, under 35 U.S.C. 271(c), indirectly

infringed, and continues to infringe the 951 patent by, inter alia, selling and offering to sell, the

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above mentioned ALPS gel liners covered by the 951 patent while knowing that the ALPS gel liners are material to practicing certain claims of the 951 patent and have no substantial noninfringing uses, and are known by the Defendant to be especially made or especially adapted for use in an infringement of the 951 patent. 80. Upon information and belief, at least as early as the commencement of this lawsuit,

Defendant had knowledge of the 951 patent. Despite having such knowledge of the 951 patent, Defendant has continued to make its products available to its customers. 81. Defendants customers directly infringe the 951 patent by, for example, (1) using the

ALPS gel liners for covering a residual leg and (2) using an ALPS gel liner with a prosthetic socket. 82. Defendant is aware that it provides its customers with products that have no other

substantial use than to infringe the 951 patent. Specifically, the manufacturing and sale of the ALPS gel liners is for use by an amputee in conjunction with a prosthetic socket, for example, inter alia, the instruction manuals provided with the ALPS gel liners instruct the customer to insert the ALPS gel liner covered residual limb into a socket. Furthermore, it is known in the prosthetic industry that gel liners are manufactured and sold to be used with a prosthetic liner. 83. The ALPS gel liners, as discussed herein, infringe claims of the 951 patent. As the

ALPS gel liners themselves infringe the claims of the 951, any use of the ALPS gel liners by its customers would be an infringing use. Thus, there can be no use of the infringing ALPS gel liners other than infringement; a fact known by ALPS. 84. Defendant manufactures and sells ALPS gel liners knowing that the ALPS gel liners are

especially made and adapted for use in an infringement of the 951 patent. According to its website, Defendant advertises it ALPS gel liners as ALPS prosthetic liners. The use of the

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language prosthetic liners indicates that Defendant is encouraging the use of its ALPS gel liners in conjunction with prosthesis; more specifically that the ALPS gel liners are to be worn inside a prosthetic socket. 85. By providing the ALPS gel liners that have no substantial non-infringing uses, Defendant

is actively and knowingly contributing to its customers direct infringement of the 951 patent. As direct and proximate result of Defendants acts of contributory infringement of the 951 patent, Plaintiff has suffered injury and monetary damages for which Plaintiff is entitled to relief, in no event less than a reasonable royalty to compensate for Defendants infringement. 86. Upon information and belief, Defendant will continue to contribute to the direct

infringement of the 951 patent, causing immediate and irreparable harm unless this Court enjoins and restrains Defendants activities, specifically the acts of making, using, selling and offering to sell the ALPS gel liners. 87. Upon information and belief, the contributory infringement by Defendant has, and will,

deprive Plaintiff of royalties and other related revenue which Plaintiff would have made or would enjoy in the future; has injured Plaintiff in other respects; and will cause Plaintiff added injury and damages unless Defendant is enjoined from inducing infringement of the 951 patent on all gel liner products Defendant will make, use, sell, or offers to sell until the expiration of the 951 patent. RELIEF WHEREFORE, Ohio Willow Wood demands judgment against Defendant as follows: (a) Entering judgment for Plaintiff that the 951 patent was duly and legally issued, is valid,

enforceable, and has been infringed, directly and/or indirectly, by Defendant; (b) Finding that this is an exceptional case under 35 U.S.C. 285;

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(c)

Issuing a preliminary injunction restraining the Defendant, its directors, officers, agents

employees, successors, subsidiaries, assigns, affiliates and all persons in privity or in concert or participation with any of them from the continued infringement, direct or contributory, or active inducement of infringement by others of the 951 patent. (d) Issuing a permanent injunction restraining the Defendant, its directors, officers, agents

employees, successors, subsidiaries, assigns, affiliates and all persons in privity or in concert or participation with any of them from the continued infringement, direct or contributory, or active inducement of infringement by others of the 951 patent. (e) For an accounting of damages to Ohio Willow Wood arising from Defendants acts of

infringement, contributory infringement, and active inducement of infringement, the damages including lost profits, but in no event less than a reasonable royalty to be paid by Defendant as a result of Defendants infringing activities; (f) For an award to Ohio Willow Wood of three times the actual damages and lost profits or

royalties so determined by the accounting, together with interest and costs as provided for under 35 U.S.C. 284; (g) For the cost of this action together with Ohio Willow Woods attorneys fees under 35

U.S.C. 285; and (h) Such other and further relief as the Court deems just and proper. DEMAND FOR A JURY TRIAL Ohio Willow Wood demands a trial by jury of all issues triable by a jury in this case as a matter of right.

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Respectfully submitted, September 3, 2013 /s/Jeffrey S. Standley Jeffrey S. Standley (Sup. Ct. No.: 0047248) F. Michael Speed, Jr. (Sup. Ct. No.: 0067541) Standley Law Group, LLP 6300 Riverside Drive Dublin, Ohio 43017 Telephone: (614) 792-5555 Facsimile: (614) 792-5536 Email: litigation@standleyllp.com jstandley@standleyllp.com mspeed@standleyllp.com Attorneys for The Ohio Willow Wood Company

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