Professional Documents
Culture Documents
mtsang@fishiplaw.com
Joseph Andelin, Esq. (SBN 274105)
jandelin@fishiplaw.com
Fish & Tsang, LLP
2603 Main Street, Suite 1000
Irvine, California 92614-4271
Telephone: 949-943-8300
Facsimile: 949-943-8358
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Plaintiff,
v.
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COMPLAINT FOR PATENT INFRINGEMENT
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PARTIES
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and existing under the laws of the State of California, with a place of business at 65 Enterprise
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is a wholly owned corporation organized and existing under the laws of the State of Arizona,
with its principal place of business at 2045 S. Vineyard Ste 118, Mesa, AZ 85210.
Upon information and belief, Defendant, Incstores LLC (Incstores or the Defendant),
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States, 35 U.S.C. 1, et seq. This Court has subject matter jurisdiction over this action
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This is an action for patent infringement arising under the patent laws of the United
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BACKGROUND
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Parallax protects its technologies through a broad range of intellectual property rights.
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Among the patents that Parallax has been awarded are the patents listed below, to which
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Patent Number
Title
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Floor Matting
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Floor Matting
Resilient Mat
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1
COMPLAINT FOR PATENT INFRINGEMENT
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the 085 patent through direct infringement and infringement under the doctrine of equivalents.
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following infringing floor mats in the United States: the Tatami Tiles mats, the Jumbo Soft
Tiles mats, the Designer Soft Tiles mats, the Soft Shapes mats, the Foam World Map Kits, the
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Foam World Map Kit - English/Korean mats, the Soft Rubber Tiles mats, the MMA Mats, the
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Road Trip Mats, and the Zoo Play Mats (the 085 Infringing Products), with exemplary
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royalty.
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085 patent, Plaintiff will suffer additional irreparable harm and impairment of the value of its
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patent rights. Thus, Plaintiff is entitled to an injunction against further infringement, including
Plaintiff actively markets and sells throughout the United States products that embody at
Upon information and belief, and in violation of 35 U.S.C. 271, Incstores has infringed
Since at least July 10, 2009, Incstores has offered for sale, sold, used, manufactured, or
Incstores has also offered for sale, sold, used, manufactured, or imported at least the
Specifically, the 085 Infringing Products infringe the subject matter protected by claim 1
Some of Incstoress acts constituting infringement of claim 1 of the 085 patent are
Upon information and belief and in violation of 35 U.S.C. 271, the Defendant also
Incstores continues to offer for sale, sell, use, manufacture, or import floor mats that
Unless the Defendant is enjoined by this Court from continuing its infringement of the
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2
COMPLAINT FOR PATENT INFRINGEMENT
an injunction preventing any sales or offers for sale of the 085 Infringing Products via the
Websites.
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mark of the 085 patent on its website, www.norsk-stor.com, since at least May 20, 2010.
Upon information and belief, the Defendant had constructive notice of the 085 patent at
In addition, Parallax has offered for sale and sold products embodying and bearing the
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Plaintiff actively markets and sells throughout the United States products that embody the
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the 238 patent through direct infringement and infringement under the doctrine of equivalents.
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following infringing floor mats in the United States: the Eco-Soft Carpet Tiles mats, the
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Premium Soft Carpet Tiles mats, the Carpet/Rubber Tiles - Signature Series mats, the Designer
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Berber Rubber Tiles mats, the Sport-Lock Rubber Tiles mats, the Strong Rubber Tiles mats,
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the Strong Rubber Tiles - Designer Series mats, the Tight-Lock Tiles mats, the Eco-Lock
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Rubber Tiles mats, the Reactive Rubber Tiles mats, the Impact Tiles - Designer Series mats,
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the Regrind Rubber Tiles mats, the PowerPlay Rubber Tiles mats, the Smart Rubber Tiles
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mats, the Energy Rubber Tiles mats, the Evo Tiles mats, the Eco-Soft + mats, the Premium
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Soft Wood Tiles mats, the Soft Rubber Tiles mats, the Diamond Soft Tiles mats, the Rainbow
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Play Mats, the Soft Wood Tiles mats, the Soft Wood Tile Seconds mats, the Large Foam
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ABC-123 Mats, the Medium Foam ABC-123 Mats, the Mini Soft Tiles mats, the Learning
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Math Mats, the Foam Alphabet Mats, the Premium HD Soft Tiles mats, and the HD Soft Tiles
Upon information and belief, and in violation of 35 U.S.C. 271, Incstores has infringed
Since at least July 1, 2009, Incstores has offered for sale, sold, used, manufactured, or
Incstores has also offered for sale, sold, used, manufactured, or imported at least the
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COMPLAINT FOR PATENT INFRINGEMENT
mats (the 238 Infringing Products), with exemplary depiction of some of the 238 Infringing
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for sale, manufacture, or imported by Incstores, are the same, or are substantially identical to,
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industry would believe the 238 Infringing Products and, upon information and belief, other
products sold, offered for sale, manufactured, or imported by Incstores, are substantially the
The 238 Infringing Products and, on information and belief, other products sold, offered
An ordinary observer with an understanding of the relevant prior art in the floor mat
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royalty.
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238 patent, Plaintiff will suffer additional irreparable harm and impairment of the value of its
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patent rights. Thus, Plaintiff is entitled to an injunction against further infringement, including
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its website, www.norsk-stor.com, or in retail locations since at least May 20, 2010.
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Upon information and belief and in violation of 35 U.S.C. 271, the Defendant also
Incstores continues to offer for sale, sell, use, manufacture, or import floor mats that
Unless the Defendant is enjoined by this Court from continuing its infringement of the
Upon information and belief, the Defendant had constructive notice of the 238 patent at
In addition, Parallax has offered for sale and sold products embodying the 238 patent on
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the 764 patent through direct infringement and infringement under the doctrine of equivalents.
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following infringing floor mats in the United States the Eco-Soft Carpet Tiles mats, the
Premium Soft Carpet Tiles mats, the Carpet/Rubber Tiles - Signature Series mats, the Designer
Plaintiff actively markets and sells throughout the United States products that embody the
Upon information and belief, and in violation of 35 U.S.C. 271, Incstores has infringed
Since at least July 1, 2009, Incstores has offered for sale, sold, used, manufactured, or
Incstores has also offered for sale, sold, used, manufactured, or imported at least the
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Berber Rubber Tiles mats, the Sport-Lock Rubber Tiles mats, the Strong Rubber Tiles mats,
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the Strong Rubber Tiles - Designer Series mats, the Tight-Lock Tiles mats, the Eco-Lock
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Rubber Tiles mats, the Reactive Rubber Tiles mats, the Impact Tiles - Designer Series mats,
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the Regrind Rubber Tiles mats, the PowerPlay Rubber Tiles mats, the Smart Rubber Tiles
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mats, the Energy Rubber Tiles mats, the Evo Tiles mats, the Eco-Soft + mats, the Premium
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Soft Wood Tiles mats, the Soft Rubber Tiles mats, the Diamond Soft Tiles mats, the Rainbow
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Play Mats, the Soft Wood Tiles mats, the Soft Wood Tile Seconds mats, the Large Foam
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ABC-123 Mats, the Medium Foam ABC-123 Mats, the Mini Soft Tiles mats, the Learning
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Math Mats, the Foam Alphabet Mats, the Premium HD Soft Tiles mats, and the HD Soft Tiles
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mats (the 764 Infringing Products), with exemplary depiction of some of the 764 Infringing
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for sale, manufacture, or imported by Incstores, are the same, or are substantially identical to,
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industry would believe the 764 Infringing Products and, upon information and belief, other
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products sold, offered for sale, manufactured, or imported by Incstores, are substantially the
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The 764 Infringing Products and, on information and belief, other products sold, offered
An ordinary observer with an understanding of the relevant prior art in the floor mat
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COMPLAINT FOR PATENT INFRINGEMENT
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royalty.
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Upon information and belief and in violation of 35 U.S.C. 271, the Defendant also
Incstores continues to offer for sale, sell, use, manufacture, or import floor mats that
Unless the Defendant is enjoined by this Court from continuing its infringement of the
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764 patent, Plaintiff will suffer additional irreparable harm and impairment of the value of its
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patent rights. Thus, Plaintiff is entitled to an injunction against further infringement, including
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its website, www.norsk-stor.com, or in retail locations since at least May 20, 2010.
Upon information and belief, the Defendant had constructive notice of the 764 patent at
In addition, Parallax has offered for sale and sold products embodying the 764 patent on
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A) Judgment that the 085, 238, and 764 patents are valid and enforceable;
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B) Judgment that the Defendant, its directors, officers, employees, attorneys, and agents, and
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all those persons acting in active concert or in participation with them, and their successors
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and assigns, be enjoined from further acts that infringe, contributorily infringe, or induce
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infringement of the 085, 238, and 764 patents pursuant to 35 U.S.C. 283;
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C) Judgment that the Defendant be ordered to pay damages adequate to compensate Parallax
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for infringement of the 085, 238, and 764 patents pursuant to 35 U.S.C. 284, together
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with interest, including pre-judgment interest from the date infringement of each of the
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patents began;
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COMPLAINT FOR PATENT INFRINGEMENT
infringement of the 085, 238, and 764 patents and that the Defendant be ordered to pay
E) Judgment that the Defendant be ordered to pay all costs and expenses incurred by Parallax
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Parallaxs attorney fees associated with this action pursuant to 35 U.S.C. 285; and
G) Judgment that Parallax be granted any other relief as this Court finds just and proper,
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Pursuant to Rule 38 of the Federal Rules of Civil Procedure, the Plaintiff demands trial
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Respectfully submitted,
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COMPLAINT FOR PATENT INFRINGEMENT
Exhibit 1
MMA Mats
Soft Shapes
Exhibit 2
Exhibit 3
Eco-Soft +
Tight-Lock Tiles