Professional Documents
Culture Documents
Plaintiff,
v.
Defendant.
through its undersigned counsel, submits its Complaint and Jury Demand against Great Star
I. PARTIES
1. Upon information and belief, Defendant Great Star Industrial USA, LLC is a
company formed under the laws of the state of North Carolina and has a principal place of
2. Upon information and belief, Defendant offers for sale and sells the knives
identified herein throughout the United States and in Colorado, including through direct sales
exclusive rights under the patent laws of the United States, 35 U.S.C. § 101, et seq.
4844-5877-2365.3 1
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 2 of 7
4. This Court has original subject matter jurisdiction of this action pursuant to 28
substantial business in this district through direct sales to consumers and potential consumers in
Colorado, under the Mossy Oak brand name, including through Walmart retail stores and
through e-commerce sites including www.amazon.com. Based upon its extensive commercial
activities and presence, it is foreseeable that Defendant regularly conducts business within this
6. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400.
7. For 30 years, Outdoor Edge has been engaged in the business of designing and
distributing high quality outdoor equipment for hunting, fishing and other outdoor industries.
Outdoor Edge, through its continuous improvement and innovation programs and extensive
field-testing, provides products that not only meet but exceed a rigorous set of performance
standards. As a result of this history of improvement and innovation, Outdoor Edge has become
recognized as one of the finest designers and manufacturers of knives and knife accessories in
the United States. Outdoor Edge has been awarded over 75 U.S. patents for its novel outdoor
8. One of the patents Outdoor Edge has been awarded is U.S. Patent No. D843,808,
which was issued by the U.S. Patent and Trademark Office (“USPTO”) on March 26, 2019 (“the
‘808 Patent”). See Exhibit 1. The ‘808 Patent is directed to a novel design for a knife. The ‘808
9. Another of the patents Outdoor Edge has been awarded is U.S. Patent No.
D728,339, which was issued by the USPTO on May 5, 2015 (“the ‘339 Patent”). See Exhibit 2.
4844-5877-2365.3 2
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 3 of 7
The ‘339 Patent is directed to a novel design for a knife. The ‘339 Patent was duly examined and
10. Outdoor Edge owns all right, title and interest to the ‘808 and ‘339 Patents by
duly executed assignments. Outdoor Edge has paid all applicable fees necessary to maintain the
11. Defendant has offered for sale and sold knife products in the United States that
infringe upon Outdoor Edge’s exclusive patent rights. See Exhibit 3. Defendant’s knife products,
as depicted in Exhibit 3, incorporate the designs claimed in the ‘808 and ‘339 Patents.
12. Defendant’s infringing knife products have been sold under the Mossy Oak brand
name through Walmart stores and various e-commerce sites, including www.amazon.com. See
Exhibit 4. These knives are offered for sale to consumers in Colorado and, upon information and
belief, have been sold by Defendant or its distributors to consumers in Colorado. Defendant’s
offers for sale and sales of infringing product has not abated.
13. Outdoor Edge has not licensed or given authority to Defendant or anyone else to
make, have made, use, import, offer for sale or sell the products encompassed by the ‘808 and
‘339 Patents. Thus, Defendant’s importation, making, having made, use, offer for sale and sale of
the knife products shown in Exhibits 3 and 4 (“the Accused Products”) is unlawful and results in
infringement of Outdoor Edge’s valuable patent rights. Upon information and belief,
Defendant’s infringement has been knowingly and intentional, resulting in Defendant’s willful
infringement. Defendant’s infringing activity has occurred within the State of Colorado, resulting
4844-5877-2365.3 3
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 4 of 7
14. Outdoor Edge realleges and incorporates by reference the allegations contained in
15. Defendant’s activities in making, using, selling and/or offering to sell in the
United States and/or importing into the United States the Accused Products constitutes direct
16. Defendant’s actions of making, having made, importing, using or selling products
which infringe the ‘808 Patent have been, and are, willful, deliberate and/or in conscious
disregard of Outdoor Edge’s rights, making this an exceptional case within the meaning of 35
U.S.C. § 285 and entitling Outdoor Edge to an award of it attorney’s fees and treble damages.
17. Defendant’s infringement of the ‘808 Patent has caused and will continue to cause
18. Defendant’s infringement of the ‘808 Patent has caused and will continue to cause
irreparable injury to Outdoor Edge, to which there exists no adequate remedy at law.
Defendant’s infringement of the ‘808 Patent will continue unless enjoined by this Court.
19. Outdoor Edge realleges and incorporates by reference the allegations contained in
20. Defendant’s activities in making, using, selling and/or offering to sell in the
United States and/or importing into the United States the Accused Products constitutes direct
21. Defendant’s actions of making, having made, importing, using or selling products
which infringe the ‘339 Patent have been, and are, willful, deliberate and/or in conscious
4844-5877-2365.3 4
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 5 of 7
disregard of Outdoor Edge’s rights, making this an exceptional case within the meaning of 35
U.S.C. § 285 and entitling Outdoor Edge to an award of it attorney’s fees and treble damages.
22. Defendant’s infringement of the ‘339 Patent has caused and will continue to cause
23. Defendant’s infringement of the ‘339 Patent has caused and will continue to cause
irreparable injury to Outdoor Edge, to which there exists no adequate remedy at law. Defendant’s
infringement of the ‘339 Patent will continue unless enjoined by this Court.
WHEREFORE, Outdoor Edge requests that judgment be entered in its favor and against
Defendant as follows:
2. Declaration that Defendant has infringed U.S. Design Patent No. D728,339;
its officers, agents, subsidiaries, and employees, and those in privity with or that act in concert
Accused Products;
§ 283, by importing, making, having made, offering for sale or selling the
Accused Products;
others into believing that Defendant, or its products, are connected with or
4844-5877-2365.3 5
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 6 of 7
4. Ordering that all labels, signs, prints, packages, wrappers, receptacles, and
any colorable imitation thereof, and all plates, molds, matrices, and other means of making the
5. Ordering Defendant to file with the Court and serve on Outdoor Edge’s counsel
within 30 days after service of the injunction, a written report, sworn under oath, setting forth in
detail the manner and form in which Defendant has complied with the injunction;
including infringement of U.S. Design Patent No. D843,808 and U.S. Design Patent No.
Design Patent No. D843,808 and U.S. Design Patent No. D728,339 in an amount no less than a
reasonable royalty for each act of infringement, pursuant to 35 U.S.C. § 284, and trebling those
damages;
8. Finding that this is an “exceptional case” within the meaning of 35 U.S.C. § 285
10. For recovery of costs, pre-judgment and post-judgment interest to the extent
applicable; and
11. For such other relief as the Court may deem just and proper.
4844-5877-2365.3 6
Case 1:19-cv-00906 Document 1 Filed 03/27/19 USDC Colorado Page 7 of 7
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Outdoor Edge demands a
Plaintiff’s Address:
5000 Osage Street, Suite 800
Denver, Colorado 80221, USA
4844-5877-2365.3 7
Case 1:19-cv-00906 Document 1-1 Filed 03/27/19 USDC Colorado Page 1 of 2
JS 44 (Rev. 06/17) 'LVWULFWRI&RORUDGR CIVIL COVER SHEET
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.)
(b) County of Residence of First Listed Plaintiff Denver County of Residence of First Listed Defendant Mecklenburg Co. NC
(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)
Ian R. Walsworth
Lewis Brisbois Bisgaard & Smith LLP, 1700 Lincoln St., Suite 4000,
Denver, CO 80203 (303) 861-7760, ian.walsworth@lewisbrisbois.com
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)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 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. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here 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 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.
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 1 of 11
EXHIBIT 1
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 2 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 3 of 11
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Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 5 of 11
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Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 7 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 8 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 9 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 10 of 11
Case 1:19-cv-00906 Document 1-2 Filed 03/27/19 USDC Colorado Page 11 of 11
Case 1:19-cv-00906 Document 1-3 Filed 03/27/19 USDC Colorado Page 1 of 6
EXHIBIT 2
Case 1:19-cv-00906 Document 1-3 Filed 03/27/19 USDC Colorado Page 2 of 6
USOOD728339S
FG.1
Case 1:19-cv-00906 Document 1-3 Filed 03/27/19 USDC Colorado Page 4 of 6
s
Case 1:19-cv-00906 Document 1-4 Filed 03/27/19 USDC Colorado Page 1 of 2
EXHIBIT 3
Document 1-4 Filed 03/27/19 USDC C
Case 1:19-cv-00906 Document 1-5 Filed 03/27/19 USDC Colorado Page 1 of 5
EXHIBIT 4
Case 1:19-cv-00906 Document 1-5 Filed 03/27/19 USDC Colorado Page 2 of 5
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This item MOSSY OAK Folding Fiskars 390470-1002 Power Gerber Exchange-a-Blade Saw Gerber Vital Pack Saw [31-
Hand Saw and EDC Razor Tooth Soft Grip Folding Saw, [46036] 002741]
Folding Knife with 2 10-Inch
Replaceable Blades Combo Kit
Multi-Purpose for Tree
Pruning, Camping, Hunting
Product description
Color:Handsaw and EDC Folding Knife
Mossy Oak Folding Hand Saw and EDC Razor Folding Knife with 2 Replaceable Blade Combo Kit
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3/26/2019 MOSSY OAK Folding Hand Saw and EDC Razor Folding Knife with 2 Replaceable Blades Combo Kit Multi-Purpose for Tree Pruning, Ca…
Practical Little Combo, for All Purpose Work
Ideal for cutting both green and dry wood, plastic, bone, etc. Specially designed for wild-life enthusiasts, hunters and campers.
Razor Sharp Teeth - hardened to stay sharp for smooth, remain stable during strong pulls resulting in accurate cuts for fast sawing
Ergonomically Designed Handle - durable plastic handle with green rubber-coated surface offers enhanced non-slip grip. Also performs as a scabbard.
Gear Style Lock - Lock-in blade for safety, won't collapse or snap while cutting or closing, keep it from flopping around when not in use
Tough Carbon Steel Blade - Specially coated surface for rust protection and low friction, also enables it stay sharp while still offering light flexibility
Sharp Drop Point Blade - made of premium stainless steel, 3CR13, with specially coated surface for rust protection
Secure Side Lock System - keep the blade fixed in place, prevent is from falling accidentally in use or flopping around after use
Quick Change Blade Mechanism - simply press the quick change button to release used blade (two extra blades included)
Manual Opening Design - quick opening mechanism allows one-handed opening using thumb stud, easy to fold
Package includes
2 extra blades
Product information
Color:Handsaw and EDC Folding Knife
Color Handsaw and EDC Folding Knife Best Sellers Rank #94,862 in Tools & Home
Improvement (See top 100)
Material Stainless Steel #128 in Handsaws
Product Warranty: For warranty information about this product, please click
here
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Case 1:19-cv-00906 Document 1-6 Filed 03/27/19 USDC Colorado Page 1 of 2
)
)
)
OUTDOOR EDGE CUTLERY CORPORATION )
Plaintiff(s) )
)
v. Civil Action No. 1:19-cv-906
)
)
)
)
GREAT STAR INDUSTRIAL USA, LLC )
Defendant(s) )
To: (Defendant’s name and address) Great Star Industrial USA, LLC
9836-A Northcross Center Court
Huntersville, North Carolina 28078
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 plaintiff’s attorney,
whose name and address are: Ian R. Walsworth
Lewis Brisbois Bisgaard & Smith LLP
1700 Lincoln Street, Suite 4000
Denver, CO 80203
(303) 861-7760
ian.walsworth@lewisbrisbois.com
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
Case 1:19-cv-00906 Document 1-6 Filed 03/27/19 USDC Colorado Page 2 of 2
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
I left the summons at the individual’s 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 individual’s last known address; or
Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address