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Williams v. DJO Global - Complaint
Williams v. DJO Global - Complaint
Williams v. DJO Global - Complaint
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Defendants.
Plaintiff Mike Williams (“Mr. Williams”) complains against defendant DJO, LLC
THE PARTIES
2. Mr. Williams alleges that DJO Global, Inc. is a Delaware corporation, and that
DJO, LLC is a Delaware limited liability company and DJO Global subsidiary (collectively
“DonJoy”), both with a principal place of business at 1430 Decision Street, Vista, CA 92083.
Case 3:18-cv-00379-WQH-BGS Document 2 Filed 10/16/17 PageID.3 Page 2 of 7
3. This is a civil action for patent infringement arising under the patent laws of
4. This Court has original jurisdiction over the subject matter of this action under
5. This Court has personal jurisdiction over DonJoy because DonJoy has purposely
availed itself of the privileges and benefits of the laws of the State of Utah and has committed
6. DonJoy does and has done substantial business in this judicial District, including:
(i) committing acts of patent infringement in this judicial District and elsewhere in Utah; (ii)
regularly doing business or soliciting business by virtue of DonJoy’s nationwide, interactive and
regional and national distributors and retailers which direct DonJoy’s services products to Utah
residents; and (iii) engaging in other persistent courses of conduct, and/or deriving substantial
revenue from products and/or services provided to persons in this District and State.
8. Venue is proper in this judicial district under at least 28 U.S.C. §§ 1391 & 1400.
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FACTUAL BACKGROUND
9. Mr. Williams is the inventor and owner of unique supports including patellar
knee braces known by various names including the “Cross Strap Patellar Tendon Strap” and
“Cross Strap.”
patents, including United States Design Patent Nos. D503,806 and D751,720 (the “Asserted
Patents”).
11. DonJoy is in the business of globally manufacturing, marketing, and selling athletic
accessories, including knee braces. DonJoy uses, sells, and offers for sale knee braces that embody
12. The designs of the Accused Products are substantially the same as the designs that
13. Furthermore, the designs of the Accused Products are so similar to the designs
that are the subject matter of the Asserted Patents that customers are likely to be deceived and
persuaded to buy the Accused Products thinking they are actually buying products protected by
14. DonJoy has had pre-suit knowledge of at least one of the the Asserted Patents,
15. In particular, DonJoy formally licensed Mr. Williams’ rights in the D503,806
Williams, DonJoy informed him that it was discontinuing the Accused Products.
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17. In fact, DonJoy did not discontinue the Accused Products, but continued to widely
manufacture, offer for sale, and sell them without permission in an infringing manner under
product names including “DonJoy Cross Strap” and “DonJoy Patella X Strap.”
18. Mr. Williams realleges and incorporates the foregoing paragraphs as though fully
19. DonJoy has infringed, and continues to infringe the ‘806 Patent by offering to
sell, selling, or importing the Accused Products in this District, and elsewhere in the United
States, the design of which is substantially the same as the ornamental design of the ‘806 Patent.
U.S.C. § 271. Mr. Williams has sustained damages and will continue to sustain damages as a
22. DonJoy’s infringement of Mr. Williams’ rights under the ‘806 Patent will
continue to damage Mr. William’s business, causing irreparable harm, for which there is no
23. DonJoy has willfully infringed the ‘806 Patent, entitling Mr. Williams to
increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in
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24. Alternatively, Mr. Williams is entitled to recover DonJoy’s total profits from its
25. Mr. Williams realleges and incorporates the foregoing paragraphs as though fully
26. DonJoy has infringed, and continues to infringe the ‘720 Patent by offering to
sell, selling, or importing the Accused Products in this District, and elsewhere in the United
States, the design of which is substantially the same as the ornamental design of the ‘720 Patent.
U.S.C. § 271. Mr. Williams has sustained damages and will continue to sustain damages as a
29. DonJoy’s infringement of Mr. Williams’ rights under the ‘720 Patent will
continue to damage Mr. William’s business, causing irreparable harm, for which there is no
30. DonJoy has willfully infringed the ‘720 Patent, entitling Mr. Williams to
increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in
31. Alternatively, Mr. Williams is entitled to recover DonJoy’s total profits from its
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A. A judgment finding DonJoy liable for infringement of the claims of the Asserted
Patents;
made, used, sold, offered for sale, or imported in the United States;
DonJoy, its agents, servants, and any and all parties acting in concert with any of them, from
directly or indirectly infringing in any manner any of the claims of the Asserted Patents, pursuant
F. A declaration that this is an exceptional case and that Mr. Williams be awarded its
G. An award of Mr. Williams’ costs in bringing this action, pursuant to all applicable
H. An award of Mr. Williams’ attorney fees, pursuant to all applicable state statutory
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K. For such other and further relief as the Court deems just and equitable.
Mr. Williams demands trial by jury on all claims and issues so triable.
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JS 44 (Rev. 06/17) 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 Cache, UT County of Residence of First Listed Defendant San Diego, CA
(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)
Preston P. Frischknecht
Project CIP, 408 Sheridan Ridge Ln, Nibley, UT 84321, (435) 512-4893
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
VII. REQUESTED IN " CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: " Yes " No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/16/2017 /s/Preston P. Frischknecht
FOR OFFICE USE ONLY
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.
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