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Frictionless World v. Champion Power Equip. - Complaint
Frictionless World v. Champion Power Equip. - Complaint
Plaintiff,
vs.
CHAMPION POWER EQUIPMENT, INC., a California corporation,
Defendant.
Plaintiff Frictionless World, LLC (Frictionless World) states and alleges as follows for
its Complaint against Champion Power Equipment, Inc. (Champion):
I.
1.
PARTIES
Frictionless World is a Colorado limited liability company with its principal place
of business in Westminster, Colorado. Frictionless World is the assignee of U.S. Patent No.
D681,701 (the D701 Patent). A true and correct copy of the D701 Patent is attached as Exhibit
1 to this Complaint, incorporated by this reference herein.
2.
place of business in Santa Fe Springs, California. Champion manufactures, markets, and sells log
splitter products, including the 25-Ton Horizontal/Vertical Gas Log Splitter, Model No. 10036,
in Colorado. (See Exhibit 2, which is incorporated by reference herein).
II.
4.
This is an action for design patent infringement arising under the patent laws of
This Court has subject matter jurisdiction over this patent infringement claim
On information and belief, Champion sells, continues to sell, and offers for sale to
Champion further offers for sale its 25-Ton Horizontal/Vertical Gas Log Splitter,
Model No. 10036 on an interactive website, http://www.powerequipmentdirect.com/Champion100326-Log-Splitter/p71246.html, which allows consumers, including those located in Colorado,
to purchase that product. Exhibit 2.
9.
Based on the above facts, Champion has purposefully availed itself of the rights
and privileges of conducting business in Colorado and is subject to personal jurisdiction in this
judicial district.
10.
GENERAL ALLEGATIONS
supplies for development and delivery of custom products to its customers. Frictionless World
sells horizontal-vertical log splitters under the brand name Dirty Hands Tools.
A.
12.
D701 Patent for the design of a Log Splitter Beam. See Exhibit 1.
13.
Among other things, the D701 Patent claims a certain design on a log splitter
inventions disclosed and claimed in the D701 Patent and those devices are properly marked as
provided for in the patent statutes.
Champion is making, using, offering for sale, and selling within the United States
A claim chart is shown below that compares certain figures in the D701 Patent to
pictures of a 25-Ton Horizontal/Vertical Gas Log Splitter, Model No. 10036, as shown on the
interactive
website,
http://www.powerequipmentdirect.com/Champion-100326-Log-
Splitter/p71246.html, last accessed November 28, 2016, where the product is being offered for
sale in Colorado.
19.
The 25-Ton Horizontal/Vertical Gas Log Splitter, Model No. 10036 directly
infringes the Frictionless World Log Splitter, literally and/or under the doctrine of equivalents.
V.
FIRST CLAIM FOR RELIEF
(Infringement of U.S. Patent No. D681,701)
20.
21.
Champion has infringed the 25-Ton Horizontal/Vertical Gas Log Splitter, Model
herein.
No. 10036 by making, using, selling and/or offering for sale in the United States or importing the
25-Ton Horizontal/Vertical Gas Log Splitter, Model No. 10036 into the United States, without
license or authority from Frictionless World, in violation of 35 U.S.C. 271.
22.
will continue to suffer irreparable injury for which there is no adequate remedy at law, entitling it
to injunctive relief under 35 U.S.C. 283.
VI.
WHEREFORE, Frictionless World prays that this Court enter its Judgment and enter an
Order:
1.
servants, employees, successors, assigns, and all persons in active concert with any of them, from
infringing U.S. Patent No. D681,701;
2.
greater of Frictionless Worlds lost profits or a reasonable royalty pursuant to 35 U.S.C. 284, or
all profits attributable to the article of manufacture pursuant to 35 U.S.C. 289;
3.
U.S.C. 285;
4.
Awarding to Frictionless World its costs incurred in this action, including expert
any such other and further relief as the Court may deem just and proper.
VII.
JURY DEMAND
Respectfully submitted,
By:
s/ Thomas P. Howard
Thomas P. Howard
Vandana Koelsch
William C. Groh, III
thoward@thowardlaw.com
vkoelsch@thowardlaw.com
wgroh@thowardlaw.com
THOMAS P. HOWARD LAW, LLC
842 W. South Boulder Road, Suite 100
Louisville, CO 80027
303-665-9845
303-665-9847 (fax)
ATTORNEYS FOR PLAINTIFF
FRICTIONLESS WORLD, LLC
(Us)
(72) Inventor:
(Us)
May 7, 2013
D544,505 S
D585,915 S *
D617,354 S *
7,882,868 B2*
2/2009
6/2010
2/2011
D648,761 S
US D681,701 S
*1,
2004/0250895 A1*
12/2004
2005/0284540 A1*
12/2005
2005/0284541 A1*
12/2005 Walkeretal. ..
2007/0000975 A1*
2008/0251158 A1*
1/2007
10/2008
144/1932
144/1932
Paradise .... ..
228/182
Koch .......................... .. 144/366
* cited by examiner
(**)
Term:
14 Years
Primary Examiner * Patricia Palasik
Nov. 8, 2012
(51)
(52)
US. Cl.
USPC
(58)
Breyfogle LLP
................................................ .. 15-09
....................................................... ..
D15/127
(57)
References Cited
U.S. PATENT DOCUMENTS
4,700,759
4,770,218
4,782,870
D326,665
A
A
A
S
5,284,193 A *
10/1987
9/1988
11/1988
6/1992
2/1994
Duerr
Duerr
Duerr
Greenburg et a1.
Mires etal. .............. .. 144/1951
CLAIM
design.
FIG. 2 is a perspective vieW of the log splitter beam of FIG. 1.
FIG. 3 is a top vieW of the log splitter beam of FIG. 2.
FIG. 4 is a bottom vieW ofthe log splitter beam of FIG. 2.
FIG. 5 is a right side vieW of the log splitter beam of FIG. 2.
FIG. 6 is a front vieW ofthe log splitter beam of FIG. 2; and,
FIG. 7 is a rear vieW ofthe log splitter beam of FIG. 2.
US. Patent
May 7, 2013
Sheet 1 of4
Fig. 1
US D681,701 S
U S Patent
May 7, 2013
Sheet 2 of4
Fig. 2
US D681,701 S
US. Patent
May 7, 2013
Sheet 3 M4
US D681,701 S
0
i 777777777777777 7)
x11;
3
\m
O
O
Fig. 3
US. Patent
May 7, 2013
Fig. 6
Sheet 4 of4
US D681,701 S
Fig. 7
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UPC
850878006266
Model
100326
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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
Champion Power Equipment, Inc.
U S Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U S Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
DEF
1
Citizen or Subject of a
Foreign Country
Foreign Nation
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Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 28 U.S.C. Sections 1331 and 1338
AP Docket
DEMAND $
DOCKET NUMBER
12/21/2016
s/ Thomas P. Howard
AMOUNT
APPLYING IFP
JUDGE
MAG JUDGE
District of Colorado
Frictionless World, LLC
Plaintiff(s)
v.
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
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
; or
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)
, who is
; or
; or
Other (specify):
My fees are $
Date:
Servers signature
Servers address
0.00