1 X-PATENTS, APC JONATHAN HANGARTNER, Cal. Bar No. 196268 2 5670 La Jolla Blvd.

3 La Jolla, CA 92037 Telephone: 858-454-4313 4 Facsimile: 858-454-4314 jon@x-patents.com 5 6 Attorneys for Plaintiff SureFire, LLC 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
Complaint

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

SUREFIRE, LLC, a California company, Plaintiff, v. JETBEAM USA, a Massachusetts company; BUGOUT USA, a Massachusetts company; FLAVIO PELLEGRINO, an individual residing in the State of Massachusetts; and SYSMAX INDUSTRY TRADING COMPANY, a company located in the Peoples Republic of China, Defendants.

Case No. '12CV0121 IEG MDD COMPLAINT JURY TRIAL DEMANDED

Plaintiff SureFire, LLC (SureFire) for its Complaint avers as follows: PARTIES 1. Plaintiff SureFire is a limited liability company organized and existing under the laws of the State of California, having a principal place of business in Fountain Valley, California.

2. Defendant Jetbeam USA, is a company with its principal place of business at

2 437 Lincoln Avenue, #925, Saugus, Massachusetts, 01906. 3 3. On information and belief, defendant BugOut USA is a company with its

4 principal place of business at 6 Hammersmith Drive, Saugus, Massachusetts, 01906. 5 4. On information and belief, defendant Flavio Pellegrino is an individual doing

6 business at 6 Hammersmith Drive, Saugus, Massachusetts, 01906. 7 5. On information and belief, defendant Sysmax Industry Trading Company

8 (Sysmax), is a company doing business at Rm 1407-08, Glorious Tower, 850 Dongfeng 9 Road East, Yuexiu District, Guangzhou, Guangdong, China. 10 11 12 JURISDICTION AND VENUE 6. This is a civil action for patent infringement arising under the patent laws of the

13 United States of America, 35 U.S.C. 1, et seq., trade dress infringement under the federal 14 Lanham Act, 15 U.S.C. Section 1125(a), and related California state law claims. 15 7. This Court has jurisdiction over the subject matter of the Complaint pursuant to

16 28 U.S.C. 1331 & 1338. 17 8. This Court has personal jurisdiction over all defendants because, on information

18 and belief, defendants purposefully import and ship the infringing products through 19 established distribution channels into and throughout the State of California. 20 21 22 10. 9. Venue is proper under 28 U.S.C. 1391(b) and (c) and 1400(b). BACKGROUND SureFire manufactures, markets, and sells a complete line of extremely high-

23 quality flashlights and related products. 24 11. On April 24, 2001, United States Patent No. 6,222,138 (the 138 patent), on

25 an invention entitled Battery Operated Appliance, Flashlight and Switching Systems 26 Technical Field was duly and legally issued by the United States Patent and Trademark 27 Office. 28 -2Complaint

12.

On March 4, 2008, United States Patent No. RE40,125 (the 125 patent), on

2 an invention entitled Battery Operated Appliance, Flashlight and Switching Systems was 3 duly and legally issued by the United States Patent and Trademark Office as a reissue of 4 the 138 patent. A true and correct copy of the 125 patent is attached as Exhibit A of this 5 Complaint. 6 13. The 138 patent was in force and effect from its issuance until its surrender

7 upon issuance of the 125 patent, and the 125 patent has been in force and effect since its 8 issuance. SureFire has been at all times, and still is, the owner of the entire right, title and 9 interest in and to both the 138 and 125 patents. 10 14. On May 25, 2010, United States Patent No. 7,722,209 (the 209 patent), on

11 an invention entitled Flashlight with Selectable Output Level Switching was duly and 12 legally issued by the United States Patent and Trademark Office. A true and correct copy 13 of the 209 patent is attached as Exhibit B of this Complaint. 14 15. The 209 patent has been in force and effect since its issuance. SureFire has

15 been at all times, and still is, the owner of the entire right, title and interest in and to the 16 209 patent. 17 16. On July 21, 1997, United States Patent No. 5,642,932 (the 932 patent), on

18 an invention entitled Combat-Oriented Flashlight was duly and legally issued by the 19 United States Patent and Trademark Office. A true and correct copy of the 932 patent is 20 attached as Exhibit C of this Complaint. 21 17. The 932 patent has been in force and effect since its issuance. SureFire has

22 been at all times, and still is, the owner of the entire right, title and interest in and to the 23 932 patent. 24 18. SureFire has manufactured and sold its Millenium Series M3T Combatlight

25 model flashlight throughout the United States since at least 2004. The non-functional 26 design elements of the Millenium Series M3T Combatlight are inherently distinctive and 27 28 -3Complaint

1 have acquired secondary meaning such that in the minds of the public those design 2 elements identify the source of the product as SureFire. 3 19. Jetbeam USA sells throughout the United States various flashlights under its

4 Jetbeam USA brand, including without limitation its Jet-I Pro, BC40, PC25, and M1xm 5 model flashlights. 6 20. On information and belief, Sysmax imports and sells throughout the United

7 States various flashlights under its Jetbeam USA brand, including without limitation its 8 Jet-I Pro, BC40, PC25, and M1xm model flashlights. On information and belief, Sysmax 9 imports and sells throughout the United States various flashlights under its Nitecore brand, 10 including without limitation its Nitecore Defender Infinity flashlight. 11 21. BugOut USA sells and distributes Jetbeam brand flashlights including

12 without limitation the Jetbeam Jet-I Pro, BC40, PC25, and M1xm model flashlights 13 throughout the United States through its website at www.bugoutgearusa.com. 14 22. On information and belief Flavio Pellegrino sells and distributes Jetbeam

15 brand flashlights including without limitation the Jetbeam Jet-I Pro, BC40, PC25, and 16 M1xm model flashlights throughout the United States through the BugOut USA website at 17 www.bugoutgearusa.com. 18 19 20 23. COUNT I (INFRINGEMENT OF THE 125 PATENT) SureFire realleges and incorporates the previous paragraphs of this

21 Complaint as though set forth in full herein. 22 24. Defendants have used, manufactured, offered for sale, sold and/or caused to

23 be imported into the United States products which literally and under the doctrine of 24 equivalents infringe one or more claims of the 125 patent in violation of 35 U.S.C. 271. 25 25. SureFire has been damaged and has suffered irreparable injury due to acts of

26 infringement by defendants and will continue to suffer irreparable injury unless 27 defendants activities are enjoined. 28 -4Complaint

26.

SureFire has suffered and will continue to suffer substantial damages by

2 reason of defendants act of patent infringement alleged above, and SureFire is entitled to 3 recover from defendants the damages sustained as a result of defendants acts. 4 27. Defendants have willfully and deliberately infringed the 125 patent in

5 disregard of SureFires rights. 6 7 8 28. COUNT II (INFRINGEMENT OF THE 209 PATENT) SureFire realleges and incorporates the previous paragraphs of this

9 Complaint as though set forth in full herein. 10 29. Defendants have used, manufactured, offered for sale, sold and/or caused to

11 be imported into the United States products which literally and under the doctrine of 12 equivalents infringe one or more claims of the 209 patent in violation of 35 U.S.C. 271. 13 30. SureFire has been damaged and has suffered irreparable injury due to acts of

14 infringement by defendants and will continue to suffer irreparable injury unless 15 defendants activities are enjoined. 16 31. SureFire has suffered and will continue to suffer substantial damages by

17 reason of defendants act of patent infringement alleged above, and SureFire is entitled to 18 recover from defendants the damages sustained as a result of defendants acts. 19 32. Defendants have willfully and deliberately infringed the 209 patent in

20 disregard of SureFires rights. 21 22 23 33. COUNT III (INFRINGEMENT OF THE 932 PATENT) SureFire realleges and incorporates the previous paragraphs of this

24 Complaint as though set forth in full herein. 25 34. Defendants have used, manufactured, offered for sale, sold and/or caused to

26 be imported into the United States products which literally and under the doctrine of 27 equivalents infringe one or more claims of the 932 patent in violation of 35 U.S.C. 271. 28 -5Complaint

35.

SureFire has been damaged and has suffered irreparable injury due to acts of

2 infringement by defendants and will continue to suffer irreparable injury unless 3 defendants activities are enjoined. 4 36. SureFire has suffered and will continue to suffer substantial damages by

5 reason of defendants act of patent infringement alleged above, and SureFire is entitled to 6 recover from defendants the damages sustained as a result of defendants acts. 7 37. Defendants have willfully and deliberately infringed the 932 patent in

8 disregard of SureFires rights. 9 10 11 38. COUNT IV (TRADE DRESS INFRINGEMENT) SureFire realleges and incorporates the previous paragraphs of this

12 Complaint as though set forth in full herein. 13 39. Defendants have sold in interstate commerce products, including its M1xm

14 flashlight that are likely to cause confusion among consumers as to their source due to 15 their infringement of the trade dress of the SureFire Millenium Series M3T Combatlight 16 flashlight. 17 40. SureFire has been damaged and has suffered irreparable injury due to acts of

18 infringement by defendants and will continue to suffer irreparable injury unless 19 defendants activities are enjoined. 20 41. SureFire has suffered and will continue to suffer substantial damages by

21 reason of defendants acts of trade dress infringement alleged above, and SureFire is 22 entitled to recover from defendants the damages sustained as a result of defendants acts. 23 42. Defendants acts of trade dress infringement have been willful and

24 deliberate. 25 26 27 28 -6Complaint

1 2 3

COUNT V (Unfair Competition Pursuant to Cal. Bus. & Prof. Code 17200 et seq.) 43. SureFire realleges and incorporates the previous paragraphs of this

4 Complaint as though set forth in full herein 5 44. Defendants trade dress infringement constitutes unfair competition under

6 Cal. Bus. & Prof. Code 17200 et. seq. and has been done willfully with the intent to 7 harm SureFire. 8 9 10 PRAYER FOR RELIEF WHEREFORE, SureFire prays that judgment be entered by this Court in its favor

11 and against defendants as follows: 12 13 14 15 16 A. B. C. D. E. That defendants have infringed the 125 patent; That defendants have infringed the 209 patent; That defendants have infringed the 932 patent; That defendants have infringed SureFires trade dress rights; Permanently enjoining and restraining defendants, their agents, affiliates,

17 subsidiaries, servants, employees, officers, directors, attorneys and those persons in active 18 concert with or controlled by defendants from further infringing the 125 patent, the 209 19 patent, the 932 patent, or SureFires trade dress rights; 20 21 F. G. That defendants acts of infringement were willful; For an award of damages adequate to compensate SureFire for the damages

22 it has suffered as a result of defendants conduct, including pre-judgment interest and a 23 trebling of such damages due to defendants willful infringement; 24 H. That defendants be directed to withdraw from distribution all infringing

25 products, whether in the possession of defendants or their distributors or retailers, and that 26 all infringing products or materials be impounded or destroyed; 27 28 -7Complaint

I.

For monetary damages in an amount according to proof;

J.

For interest on said damages at the legal rate from and after the date such

2 damages were incurred; 3 K. That this is an exceptional case and for an award of SureFires attorney fees

4 and costs; 5 6 7 8 9 10 Dated: January 17, 2012 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8Complaint

L.

For such other relief as the Court may deem just and proper.

DEMAND FOR JURY TRIAL Plaintiff SureFire hereby demands a jury trial as to all issues that are so triable.

X-PATENTS, APC

By:

/s/Jonathan Hangartner JONATHAN HANGARTNER Attorneys for Plaintiff SureFire, LLC