Ozwest v. Ja-Ru - Complaint

Case 2:16-cv-01019 Document 1 Filed 06/30/16 Page 1 of 5
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
8
9
10
11
12
13
No. 2:16-cv-1019
OZWEST, INC.,
COMPLAINT FOR PATENT

INFRINGEMENT
Plaintiff,
v.
JURY DEMAND
JA-RU, INC.,
14
Defendant.
15
16
17
Plaintiff Ozwest, Inc. (Ozwest) alleges against Defendant Ja-Ru, Inc. (Ja-Ru) as
follows:
18
19
20
21
I.
1.
Ozwest asserts patent infringement claims to remedy Ja-Rus past and continued
willful infringement of two Ozwest patents related to rocket-shaped toys.

2.
Ozwest seeks injunctive relief, monetary damages, and attorneys fees.
22
23
24
25
NATURE OF ACTION
II.
3.
PARTIES
Ozwest is an Oregon company with its principal place of business Portland,
Oregon. Ozwest distributes high-quality toys for high-action play.

4.
Ja-Ru is a corporation organized under the laws of the State of Florida.
26
27
COMPLAINT
(No. 2:16-cv-1019) - 1
DWT 29938590v2 0106703-000001
Davis Wright Tremaine LLP

L AW O FFICE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax
III.
1
2
3
4
5
6
7
5.
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).
6.
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
covered by the claims of the patents-in-suit.
7.
Venue in this district is proper under 28 U.S.C. 1391(b) and (c) and 1400(b).
8
IV.
9
10
11
12
13
14
15
16
17
18
8.
OZWEST AND ITS PATENTS
On February 4, 2014, the United States Patent and Trademark Office duly and
legally issued U.S. Patent No. D698,872 (the 872 patent), entitled Toy Projectile.
9.
A true and correct copy of the 872 patent is attached as Exhibit A.
10.
On January 8, 2013, the United States Patent and Trademark Office duly and
legally issued U.S. Patent No. 8,348,789 (the 789 patent), entitled Throwing toy with tail
and in-line tab grip.
11.
A true and correct copy of the 789 patent is attached as Exhibit B.
12.
KMA Concepts Limited is the assignee of the 872 patent and the 789 patent
(collectively, the Asserted Patents). KMA Concepts Limited licensed to Nuo Feng Industrial
Co., Ltd. the right to use certain intellectual property, including the Asserted Patents, to design,
19
develop, manufacture, offer for sale, sell and ship goods incorporating the Asserted Patents. Under
20
21
22
23
24
25
26
the licensing agreement, KMA Concepts Limited also granted to Nuo Feng Industrial Co., Ltd. the
right to enforce the Asserted Patents and the right to delegate enforcement authority. Nuo Feng
Industrial Co., Ltd. then entered a distribution agreement with Ozwest, sublicensing to Ozwest
the right to use the Asserted Patents in connection with distribution of products incorporating
the Asserted Patents. The distribution agreement also delegated to Ozwest the sole and
exclusive right and responsibility to protect the Asserted Patents against infringement in the
United States.
27
COMPLAINT
(No. 2:16-cv-1019) - 2
DWT 29938590v2 0106703-000001

L AW O FFICE S
206.622.3150 main 206.757.7700 fax
13.
Ozwest sells products protected by some or all of the Asserted Patents.
2
3
V.
14.
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 rocket-shaped toys,
including without limitation, a product known as Rocket Screamerz (the Infringing Products)
that infringe one or more claims of the Asserted Patents.
15.
Ozwest and Ja-Ru are direct competitors.
16.
Ja-Ru has sold and is selling the Infringing Products in the United States,
9
10
11
directly and through distributors, and through other channels of trade.

17.
Ja-Ru does not have a license, either exclusive or nonexclusive, to make, use,
sell, or offer to sell products covered by the Asserted Patents.
12
VI.
COUNT I PATENT INFRINGEMENT

Infringement of the 872 Patent
13
14
15
16
17
18
19
20
21
18.
Ja-Rus acts constitute infringement on the claim of the 872 patent in violation
of 35 U.S.C. 271.
19.
Ozwest 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, Ozwests business, market, reputation, and goodwill.
20.
Ja-Rus unlawful acts of infringement of the 872 patent will continue unless
enjoined by this Court.
22
COUNT II PATENT INFRINGEMENT

Infringement of the 789 Patent
23
24
25
26
27
CLAIMS
21.
Ja-Rus acts constitute infringement on one or more claims of the 789 patent,
including without limitation, claim 13, in violation of 35 U.S.C. 271.

22.
Ozwest 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
COMPLAINT
(No. 2:16-cv-1019) - 3
DWT 29938590v2 0106703-000001

L AW O FFICE S
206.622.3150 main 206.757.7700 fax
economic terms and for which there is no adequate remedy at law. Ja-Rus actions have
injured, and will continue to injure, Ozwests business, market, reputation, and goodwill.
3
4
23.
Ja-Rus unlawful acts of infringement of the 789 patent will continue unless
enjoined by this Court.
5
6
VII.
JURY TRIAL DEMAND
Ozwest demands a trial by jury of all issues so triable.
VIII. PRAYER FOR RELIEF
Ozwest respectfully requests the following relief:
A.
10
11
12
13
An injunction prohibiting Ja-Ru, and all those acting in concert or participation
with it, from further acts of infringement of the 872 patent;

B.
An injunction prohibiting Ja-Ru, and all those acting in concert or participation
with it, from further acts of infringement of the 789 patent;

C.
An award to Ozwest of such damages as it can prove at trial against Ja-Ru
14
sufficient to fully and adequately compensate Ozwest for the acts of infringement that have
15
occurred, in an amount no less than a reasonable royalty;
16
17
D.
An award to Ozwest for any damages so determined that are found for willful
infringement, pursuant to 35 U.S.C. 284, together with prejudgment interest;
18
E.
An award to Ozwest of costs and its reasonable attorneys fees; and
19
F.
Such other and further relief as this Court may deem just and proper.
20
21
22
23
24
25
26
27
COMPLAINT
(No. 2:16-cv-1019) - 4
DWT 29938590v2 0106703-000001

L AW O FFICE S
206.622.3150 main 206.757.7700 fax
DATED this 30th day of June, 2016.

Attorneys for Plaintiff
3
4
By s/Warren Rheaume
Warren Rheaume, WSBA #13627
s/Lauren Rainwater
Lauren Rainwater, WSBA #43625
Telephone: 206.622.3150
Fax: 206.757.7700
E-mail: warrenrheaume@dwt.com
laurenrainwater@dwt.com
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
COMPLAINT
(No. 2:16-cv-1019) - 5
DWT 29938590v2 0106703-000001

L AW O FFICE S
206.622.3150 main 206.757.7700 fax
Case 2:16-cv-01019 Document 1-1 Filed 06/30/16 Page 1 of 7
EXHIBIT A
EXHIBIT B
CIVIL COVER SHEET
JS 44 (Rev. 11/15)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
OZWEST, INC.
JA-RU, INC.
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
(c) Attorneys (Firm Name, Address, and Telephone Number)
Duval County, Florida
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
Warren Rheaume, Lauren Rainwater

Davis Wright Tremaine
1201 Third Ave, Suite 2200, Seattle, WA 98101, (206) 622-3150
II. BASIS OF JURISDICTION (Place an X in One Box Only)

u 1
U.S. Government
Plaintiff
u 3
Federal Question
(U.S. Government Not a Party)
u 2
U.S. Government
Defendant
u 4
Diversity
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
u 1
DEF
u 1
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State
Citizen of Another State
u 2
Incorporated and Principal Place

of Business In Another State
u 5
u 5
Citizen or Subject of a
Foreign Country
u 3
Foreign Nation
u 6
u 6
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
u
u
u
u
u
u
u
u
u
u
u
u
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
u
u
u
u
u
u
u
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement
u 625 Drug Related Seizure

of Property 21 USC 881
u 690 Other
BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark
LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act
u
u
u
u
u
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRSThird Party
26 USC 7609
IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions
OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes
V. ORIGIN (Place an X in One Box Only)

u 1 Original
Proceeding
u 2 Removed from
State Court
u 3
Remanded from
Appellate Court
u 4 Reinstated or
Reopened
u 5 Transferred from
Another District
(specify)
u 6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:

Patent infringement
u CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
CHECK YES only if demanded in complaint:

u Yes
u No
JURY DEMAND:
DEMAND $
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
s/Lauren Rainwater
06/30/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
JS 44 Reverse (Rev. 11/15)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

AO 120 (Rev. 08/10)
REPORT ON THE
FILING OR DETERMINATION OF AN
ACTION REGARDING A PATENT OR
TRADEMARK
Mail Stop 8
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
TO:
In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been
filed in the U.S. District Court
on the following
for the Western District of Washington
G Trademarks or
DOCKET NO.
Patents.
G
the patent action involves 35 U.S.C. 292.):
DATE FILED
U.S. DISTRICT COURT
6/30/2016
for the Western District of Washington
PLAINTIFF
DEFENDANT
Ozwest, Inc.
Ja-Ru, Inc.
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARK
HOLDER OF PATENT OR TRADEMARK
1 D698,872
5/19/2013
KMA Concepts Limited
2 8,348,789
1/8/2013
KMA Concepts Limited
3
4
5
In the aboveentitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED
INCLUDED BY
PATENT OR
TRADEMARK NO.
Amendment
DATE OF PATENT
OR TRADEMARK
Answer
Cross Bill
Other Pleading
HOLDER OF PATENT OR TRADEMARK
1
2
3
4
5
In the aboveentitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK
(BY) DEPUTY CLERK
DATE
Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director
Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Western District
of of
Washington
__________
District
__________
)
)
)
)
)
)
)
)
)
)
)
)
OZWEST, INC.
Plaintiff(s)
v.
JA-RU, INC.
Defendant(s)
Civil Action No. 2:16-cv-1019
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) JA-RU, Inc.
4030 PHILLIPS HIGHWAY
JACKSONVILLE, FL 32207
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Warren Rheaume
Lauren Rainwater
Davis Wright Tremaine
1201 Third Ave, Suite 2200
Seattle, WA 98101
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 2:16-cv-1019

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
u I personally served the summons on the individual at (place)

on (date)
; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
u I returned the summons unexecuted because
; or
u Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
0.00

Ozwest v. Ja-Ru - Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Ozwest v. Ja-Ru - Complaint

Uploaded by

Copyright:

Available Formats

Case 2:16-cv-01019 Document 1 Filed 06/30/16 Page 1 of 5

UNITED STATES DISTRICT COURT

COMPLAINT FOR PATENT

willful infringement of two Ozwest patents related to rocket-shaped toys.

Ozwest seeks injunctive relief, monetary damages, and attorneys fees.

Ozwest is an Oregon company with its principal place of business Portland,

Oregon. Ozwest distributes high-quality toys for high-action play.

Ja-Ru is a corporation organized under the laws of the State of Florida.

Davis Wright Tremaine LLP

Case 2:16-cv-01019 Document 1 Filed 06/30/16 Page 2 of 5

JURISDICTION AND VENUE

OZWEST AND ITS PATENTS

A true and correct copy of the 872 patent is attached as Exhibit A.

A true and correct copy of the 789 patent is attached as Exhibit B.

Davis Wright Tremaine LLP

Case 2:16-cv-01019 Document 1 Filed 06/30/16 Page 3 of 5

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

DEFENDANTS UNLAWFUL ACTIVITIES

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

that infringe one or more claims of the Asserted Patents.

Ozwest and Ja-Ru are direct competitors.

directly and through distributors, and through other channels of trade.

sell, or offer to sell products covered by the Asserted Patents.

COUNT I PATENT INFRINGEMENT

Ozwest has been and continues to be damaged by Ja-Rus infringement in an

enjoined by this Court.

COUNT II PATENT INFRINGEMENT

including without limitation, claim 13, in violation of 35 U.S.C. 271.

Ozwest has been and continues to be damaged by Ja-Rus infringement in an

Davis Wright Tremaine LLP

Case 2:16-cv-01019 Document 1 Filed 06/30/16 Page 4 of 5

enjoined by this Court.

JURY TRIAL DEMAND

Ozwest demands a trial by jury of all issues so triable.

VIII. PRAYER FOR RELIEF

Ozwest 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 872 patent;

An injunction prohibiting Ja-Ru, and all those acting in concert or participation

with it, from further acts of infringement of the 789 patent;

An award to Ozwest of such damages as it can prove at trial against Ja-Ru

occurred, in an amount no less than a reasonable royalty;

infringement, pursuant to 35 U.S.C. 284, together with prejudgment interest;

An award to Ozwest of costs and its reasonable attorneys fees; and

Davis Wright Tremaine LLP

Case 2:16-cv-01019 Document 1 Filed 06/30/16 Page 5 of 5

DATED this 30th day of June, 2016.

Davis Wright Tremaine LLP

Davis Wright Tremaine LLP

Case 2:16-cv-01019 Document 1-1 Filed 06/30/16 Page 1 of 7

Case 2:16-cv-01019 Document 1-1 Filed 06/30/16 Page 2 of 7

Case 2:16-cv-01019 Document 1-1 Filed 06/30/16 Page 3 of 7

Case 2:16-cv-01019 Document 1-1 Filed 06/30/16 Page 4 of 7

Case 2:16-cv-01019 Document 1-1 Filed 06/30/16 Page 5 of 7

Case 2:16-cv-01019 Document 1-1 Filed 06/30/16 Page 6 of 7

Case 2:16-cv-01019 Document 1-1 Filed 06/30/16 Page 7 of 7

Case 2:16-cv-01019 Document 1-2 Filed 06/30/16 Page 1 of 9

Case 2:16-cv-01019 Document 1-2 Filed 06/30/16 Page 2 of 9

Case 2:16-cv-01019 Document 1-2 Filed 06/30/16 Page 3 of 9

Case 2:16-cv-01019 Document 1-2 Filed 06/30/16 Page 4 of 9

Case 2:16-cv-01019 Document 1-2 Filed 06/30/16 Page 5 of 9

Case 2:16-cv-01019 Document 1-2 Filed 06/30/16 Page 6 of 9

Case 2:16-cv-01019 Document 1-2 Filed 06/30/16 Page 7 of 9

Case 2:16-cv-01019 Document 1-2 Filed 06/30/16 Page 8 of 9