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ORIGINAL COMPLAINT
Plaintiff Pinpoint Marketing Group, Inc. d/b/a Golds Gear (Pinpoint or Plaintiff), for
its Original Complaint against Defendant Sundesa, LLC and Defendant Runway Blue, LLC
Golds Gym bottle does not infringe any valid or enforceable claim of U.S. Patent No. D510,235
2. On information and belief, Sundesa, LLC is the exclusive licensee of the Patent-
in-Suit from its assignee Runway Blue, LLC. Sundesa represents that its exclusive license
includes the right to enforce the Patent-in-Suit. On information and belief, Runway Blue, LLC is
THE PARTIES
3. Plaintiff Pinpoint Marketing Group, Inc. is a corporation organized under the laws
of the State of Texas with its principal place of business at 3710 West Royal Lane, Suite 125,
4. Upon information and belief, Defendant Sundesa, LLC, is a Utah limited liability
company with its principal place of business at 250 South 850 East, Lehi, Utah 84043, and can
be served through its registered agent Steven M. Sorensen, 250 South 850 East, Lehi, Utah
84043.
liability company with its principal place of business at 1953 North 690 East, Orem, Utah,
84097, and can be served through its registered agent Steven M. Sorensen, 35 S Pfeifferhorn Dr.,
Alpine, UT 84004.
6. This is an action for patent infringement arising under the Patent Laws of the
United States, Title 35 of the United States Code, and under 28 U.S.C. 2201 and 2202, to
7. Because this action arises under the Patent Laws of the United States, this Court
8. Defendants are subject to this Courts specific and general personal jurisdiction
pursuant to due process and/or the Texas Long-Arm Statute, due to their substantial business in
this forum, including sales of BlenderBottle products and through their patent enforcement
9. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400(b).
10. Pinpoint sells shaker cups under the name of Golds Gear.
received a letter from Larry R. Laycock on behalf of Sundesa (the Letter) (attached hereto as
Exhibit 2).
12. The Letter alleges [f]rom our review of the structure and operation of Your
Demand is hereby made for you to immediately stop infringing the Asserted
Patent and for you to provide written assurances that you have terminated all
manufacture, use, sale, offers for sale, and importation of Your Shaker Cups in
the United States. If you wish to resolve this matter outside of litigation, please
contact us within twenty-one days from the date of this letter. Otherwise, Sundesa
will assume that you intend to continue infringing the Asserted Patent and will
pursue all legal remedies available.
14. Pinpoint does not infringe, either directly or indirectly, any valid, enforceable
16. Pinpoint has been harmed by Sundesas efforts to interfere with its business of
17. By virtue of the foregoing, a substantial controversy exists between the parties
18. Pinpoint realleges and incorporates paragraphs1 through 17 as if fully set forth in
this paragraph.
20. Figure 2 of the Patent-in-Suit shows that the claimed bottle has an inset on the
21. The sides of Pinpoints Gold Gym bottle are smooth as shown below:
22. The Pinpoint Marketing Claim Chart attached to the Letter contains the
following comparison:
23. As this comparison shows, the smooth sides of Pinpoints Golds Gym bottle do
not contain any of the ornamental aspects of the five protrusions within the inset of the claimed
bottle.
24. Bottle designs employing something other than five protrusions could be made to
Wherefore, Pinpoint respectfully requests for this Court to grant the following relief:
a) A declaration that Pinpoint has not infringed, either directly or indirectly, any
exceptional case, awarding Pinpoint its costs, expenses, and reasonable attorneys fees under 35
c) That Pinpoint be granted such other and additional relief as the Court deems just
and proper.
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Pinpoint demands a trial by
(b) County of Residence of First Listed Plaintiff Dallas Co., TX County of Residence of First Listed Defendant Utah Co., UT
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Gary R. Sorden, Klemchuk LLP, 8150 N Central Expressway, 10th Floor,
Dallas, TX 75206; 214-367-6000
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
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) 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.
(b) 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.)
(c) 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. lace an in t e appropriate o . f t ere are multiple nature of suit codes associated it t e case pic t e nature of suit code
t at is most applica le. Clic ere for: Nature of Suit Code Descriptions.
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 a related case exists, whether pending or closed,
insert the docket numbers and the corresponding judge names for such cases. A case is related to this filing if the case: 1) involves some or all of the
same parties and is based on the same or similar claim; 2) involves the same property, transaction, or event; 3) involves substantially similar issues
of law and fact; and/or 4) involves the same estate in a bankruptcy appeal.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 3:17-cv-00435-M Document 1-2 Filed 02/15/17 Page 1 of 6 PageID 10
EXHIBIT 1
Case 3:17-cv-00435-M Document 1-2 Filed 02/15/17 Page 2 of 6 PageID 11
USO0D510235S
(76) Inventor: Steven M. Sorensen, 1953 N. 690 E., 133307862 5 * 11/1992 Shibley ct a1~ D10/46~2
Orem UT (Us) 84097 D382,968 S * 8/1997 Giles et al. ....... . . . .. D24/197
, D461,420 S * 8/2002 Kerman ..... . . . .. D10/46.2
Fig. 3
Case 3:17-cv-00435-M Document 1-2 Filed 02/15/17 Page 5 of 6 PageID 14
EXHIBIT 2
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 2 of 11 PageID 17
435.252.1360 main
435.252.1361 fax
www.maschoffbrennan.com
Larry R. Laycock
December 5, 2016 LLaycock@mabr.com
VIA EMAIL
Re: Sundesa, LLC v. Pinpoint Marketing Group, Inc. d/b/a Golds Gear
Our File No.: S1697.00306
This firm represents Sundesa, LLC, d/b/a The BlenderBottle Company, in the
enforcement of its intellectual property rights, including its rights in U.S. Design Patent No.
D510,235 (the Asserted Patent). Sundesa is a Utah limited liability company with
headquarters located at 250 South 850 East, Lehi, Utah 84043. Runway Blue, LLC, also a
Utah limited liability, as the owner of the Asserted Patent, has granted Sundesa an exclusive
license, including the right to enforce the Asserted Patent. We enclose a copy of the
Asserted Patent for your review.
It has recently come to our attention that Pinpoint Marketing Group, Inc. d/b/a
Golds Gear is manufacturing, using, selling, offering for sale, and/or importing shaker cups,
an example of which is pictured below (Your Shaker Cups):
From our review of the structure and operation of Your Shaker Cups, it appears that
they infringe the Asserted Patent. An exemplary claim chart detailing how Your Shaker Cups
infringe the Asserted Patent is enclosed for your review. You are probably aware that an
infringer can be enjoined by court order from further infringement, and may also be required
1389 Center Drive, Suite 300 201 South Main Street, Suite 600 20 Pacifica, Suite 1130
Park City, Utah 84098
Salt Lake City, Utah 84111
Irvine, California 92618
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 PagePinpoint
3 of 11Marketing
PageIDGroup,
18 Inc.
d/b/a Golds Gear
Page 2
to pay damages suffered by the patent owner as a result of the infringement, including lost
profits. Willful infringement can result in an award of treble damages and attorneys fees.
Demand is hereby made for you to immediately stop infringing the Asserted Patent
and for you to provide written assurances that you have terminated all manufacture, use,
sale, offers for sale, and importation of Your Shaker Cups in the United States. If you wish
to resolve this matter outside of litigation, please contact us within twenty-one days from the
date of this letter. Otherwise, Sundesa will assume that you intend to continue infringing the
Asserted Patent and will pursue all legal remedies available. We are hopeful that we can reach
an early and amicable resolution to this matter.
Sincerely,
MASCHOFF BRENNAN
Larry R. Laycock
Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 4 of 11 PageID 19
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Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 5 of 11 PageID 20
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Fig. 1
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Case 3:17-cv-00435-M Document 1-3 Filed 02/15/17 Page 11 of 11 PageID 26
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