Coulter Ventures v. Dick's Sporting Goods - Complaint

Case: 2:21-cv-01608-SDM-EPD Doc #: 1 Filed: 04/07/21 Page: 1 of 27 PAGEID #: 1
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO
Case No. _________
Coulter Ventures, LLC, d/b/a Rogue Fitness COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF FOR:
Plaintiff,
(1) – (4) PATENT INFRINGEMENT IN
v. VIOLATION OF 35 U.S.C. § 271
Dick’s Sporting Goods, Inc., Jury Trial Demanded
Defendant.
COMPLAINT
Plaintiff, Coulter Ventures, LLC, d/b/a Rogue Fitness (“Rogue”), for its complaint against
Dick’s Sporting Goods, Inc. (“Dick’s”), alleges as follows:
THE PARTIES
1. Rogue is a company organized and existing under the laws of the State of Ohio with
a principal place of business at 545 East Fifth Avenue, Columbus, Ohio 43201.
2. On information and belief, Dick’s Sporting Goods, Inc. is a company organized and
existing under the laws of the State of Delaware with a principal address at 345 Court St.,
Coraopolis, PA 15108. On information and belief, Dick’s offers, sells, and distributes its products
to customers and potential customers across the United States, including in Ohio, through at least
its retailer stores and its website, as described below.
JURISDICTION AND VENUE
3. This is an action for patent infringement arising under the patent laws of the United
States, 35 U.S.C. § 100 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
1331 and 1338(a).
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4. This Court has personal jurisdiction over Dick’s because, inter alia, Dick’s is
purposefully and intentionally availing itself of the privileges of doing business in the State of
Ohio, including in this District, at least because Dick’s has a regular and established place of
business in this District, and because Dick’s has committed acts of patent infringement in the State
of Ohio, including in this District. Dick’s transacts business and makes, uses, sells, and/or offers
for sale products that infringe the asserted patents in the State of Ohio and in this District. For
example, Dick’s is selling the infringing products at its retail store located in the Easton Town
Center, 4280 Easton Gateway Drive, Columbus, OH 43219.
5. Venue is proper in this District pursuant to at least 28 U.S.C. § 1400(b) at least
because Dick’s has committed acts of patent infringement in this District and has a regular and
established place of business in this District.
General Allegations – Rogue’s Intellectual Property
6. For well over a decade, Rogue invested substantial time, skill, and resources in
creating, cultivating, and maintaining a reputation for the highest quality strength and fitness
products and services. To protect these investments and the invaluable goodwill Rogue has built
up through years of effort in the marketplace, including in Ohio, Rogue has acquired various
intellectual property rights. To that end, for years, Rogue has obtained patents directed to its
technologies in connection with the development, manufacture, and sale of high-quality strength
and fitness products. Rogue’s rights relevant to this action are described below.
7. Rogue owns patent rights in its fitness equipment, including U.S. Design Patent
No. D883,405 (“the D’405 patent”), U.S. Design Patent No. D879,216 (“the D’216 patent”), U.S.
Design Patent No. D886,920 (“the D’920 patent”), and U.S. Utility Patent No. 10,226,661 (“the
’661 patent”).
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8. The D’405 patent is entitled “Wall Mounted Exercise Rack.” On May 5, 2020, the
D’405 patent was duly and legally issued by the U.S. Patent and Trademark Office to Rogue.
Rogue owns the entire right, title, and interest to the D’405 patent. A copy of the D’405 patent is
attached as Exhibit 1. An exemplary figure from the D’405 patent is shown in Illustration 1 below.
Illustration 1: Exemplary Figure from the D’405 Patent
9. The D’216 patent is entitled “Wall Mount.” On March 24, 2020, the D’216 patent
was duly and legally issued by the U.S. Patent and Trademark Office to Rogue. Rogue owns the
entire right, title, and interest to the D’216 patent. A copy of the D’216 patent is attached as Exhibit
2. An exemplary figure from the D’216 patent is shown in Illustration 2 below.
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10. The D’920 patent is entitled “Set of Wall Mounts for Exercise Rack.” On June 9,
2020, the D’920 patent was duly and legally issued by the U.S. Patent and Trademark Office to
Rogue. Rogue owns the entire right, title, and interest to the D’920 patent. A copy of the D’920
patent is attached as Exhibit 3. An exemplary figure from the D’920 patent is shown in Illustration
3 below.
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11. The ’661 patent is entitled “Weightlifting Rack Assembly and Wall Mount Bracket
for a Weightlifting Rack Assembly.” On March 12, 2019, the ’661 patent was duly and legally
issued by the U.S. Patent and Trademark Office to Rogue. Rogue owns the entire right, title, and
interest to the ’661 patent. A copy of the ’661 patent is attached as Exhibit 4.
12. The D’405 patent, the D’216 patent, the D’920 patent, and the ’661 patent are
collectively referred to as “Rogue’s Patents.”
General Allegations – Dick’s Willful and Unlawful Activities
13. Without Rogue’s authorization, Dick’s has purposefully advertised, marketed,
promoted, offered for sale, sold, distributed, manufactured, and/or imported, and continues to
advertise, market, promote, offer for sale, sell, distribute, manufacture, and/or import, products
that violate Rogue’s rights, including Rogue’s Patents.
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14. Dick’s infringing products include at least its ETHOS folding wall racks.
Exemplary images of Dick’s infringing products are shown below:
Illustration 4: Exemplary Image of Dick’s Infringing Product Listing from

https://www.dickssportinggoods.com/p/ethos-folding-wall-rack-19au6uthsfldngwllgmu
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Illustration 5: Exemplary Image of Dick’s Infringing Product from

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Illustration 6: Exemplary Image of Dick’s Infringing Product from

15. Dick’s infringement of Rogue’s Patents was and continues to be deliberate,
intentional, and willful. Dick’s clearly looked to Rogue’s fold back rack and stringer products
when choosing the design of Dick’s infringing products and when preparing the marketing
materials and images for the infringing products. As one example, the resemblance of Dick’s
infringing products to Rogue’s fold back rack and stringer products and example embodiments of
Rogue’s patent claims is readily apparent, as illustrated below. Dick’s is intentionally freeriding
off Rogue’s investments and efforts that led to Rogue’s innovative product designs.
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Illustration 7: Images of Dick’s Infringing Products and Rogue’s Patents and Products
Example Images of Example Excerpts from Rogue Patents
Dick’s Infringing Products and Example Images of Rogue’s
Products
Excerpt from U.S. Patent No. D883,405
https://www.dickssportinggoods.com/p/ethos-
folding-wall-rack-19au6uthsfldngwllgmu
9
Products
folding-wall-rack-19au6uthsfldngwllgmu Excerpt from U.S. Patent No. 10,226,661
Excerpt from U.S. Patent No. 10,226,661
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Products
https://www.dickssportinggoods.com/p/ethos- Excerpt from U.S. Patent No. 10,226,661

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Products
https://www.roguefitness.com/rogue-rml-
3w-fold-back-wall-mount-rack
https://www.roguefitness.com/fold-back-
rack-stringer-pair
16. Dick’s willful infringement of Rogue’s rights is further evidenced by consumer
reviews on Dick’s website and YouTube channel comparing Dick’s infringing products to Rogue’s
products. For example, and as shown in the illustrations below, consumers state that Dick’s
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infringing products are “just a blatant ripoff of” Rogue’s patented product and Dick’s infringing
products “look[] exactly identical” to Rogue’s patented product. Dick’s would have been aware of
these reviews and that consumers recognize that Dick’s products are rip offs of Rogue’s patented
technologies.
Illustration 8: Exemplary Image of Consumers Comparing Dick’s to Rogue from

https://www.youtube.com/watch?v=HsH9tThZ5k8
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Illustration 9: Exemplary Image of Consumers Comparing Dick’s to Rogue from

Count I:
Infringement of U.S. Patent D883,405 Under 35 U.S.C. § 271
17. Rogue realleges and incorporates the allegations set forth in paragraphs 1 through
16 as though fully set forth herein.
18. Dick’s has infringed and continues to infringe the D’405 patent at least by using,
selling, offering to sell, making, and/or importing into the United States Dick’s infringing folding
wall rack products, which are covered by the claim of the D’405 patent.
19. Dick’s infringing folding wall rack products infringe the D’405 Patent because the
overall appearance of the design of Dick’s infringing folding wall rack products and the D’405
Patent are substantially the same, and an ordinary observer would perceive the overall appearance
of the design of Dick’s infringing folding wall rack products and the D’405 Patent to be
substantially the same.
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20. Dick’s acts of infringement have been without express or implied license by Rogue,
are in violation of Rogue’s rights, and will continue unless enjoined by this Court.
21. On information and belief, Dick’s infringement of the D’405 patent has been, and
continues to be, deliberate, intentional, and willful.
22. On information and belief, this is an exceptional case in view of Dick’s unlawful
activities, including Dick’s deliberate, intentional, and willful infringement.
23. Rogue has been, is being, and will continue to be injured and has suffered, is
suffering, and will continue to suffer injury and damages for which it is entitled to relief under at
least 35 U.S.C. §§ 281, 284, 285, and 289.
24. Dick’s also has caused, is causing, and will continue to cause irreparable harm to
Rogue for which there is no adequate remedy at law and for which Rogue is entitled to injunctive
relief under at least 35 U.S.C. § 283.
Count II:
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least 35 U.S.C. §§ 281, 284, 285, and 289.
Count III:
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least 35 U.S.C. §§ 281, 284, 285, and 289.
Count IV:
Infringement of U.S. Patent 10,226,661 Under 35 U.S.C. § 271
42. Dick’s has infringed and continues to infringe claims 1-16 of the ’661 patent either
literally or under the doctrine of equivalents at least by using, selling, offering to sell, making,
and/or importing into the United States Dick’s infringing folding wall rack products, which are
covered by claims 1-16 of the ’661 patent.
43. Dick’s infringing products satisfy each and every element of claims 1-16 of the
’661 patent, either literally or under the doctrine of equivalents, because they satisfy the
limitations, either literally or under the doctrine of equivalents, of:
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i. Claim 1: a weightlifting assembly, comprising: a first wall mount bracket
configured for mounting to a wall surface, comprising: a first central panel having
an inner surface configured to face the wall surface and an outer surface opposite
the inner surface, the first central panel having a first mounting region and a second
mounting region spaced from each other along the first central panel; a first top
wall mount panel located above the first central panel and configured to overlie the
wall surface; a first bottom wall mount panel located below the first central panel
and configured to overlie the wall surface, wherein the first top and bottom wall
mount panels are offset from the first central panel in a first direction perpendicular
to the outer surface and the inner surface of the first central panel, wherein the first
top wall mount panel and the first bottom wall mount panel have a plurality of first
slots that are respectively elongated along a length of each of the first top and
bottom wall mount panels and are respectively arranged sequentially along the
lengths of the first top and bottom wall mount panels, wherein the plurality of first
slots are configured to receive first wall mount fasteners therethrough to couple the
first wall mount bracket to the wall surface; and first offset panels respectively
extending between the first central panel and the first top wall mount panel and
between the first central panel and the first bottom wall mount panel, the first offset
panels being respectively angled to each of the first central panel and the first top
and bottom wall mount panels; a second wall mount bracket configured for
mounting to the wall surface at a location below the first wall mount bracket and
spaced from the first wall mount bracket, comprising: a second central panel having
an inner surface configured to face the wall surface and an outer surface opposite
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the inner surface, the second central panel having a third mounting region and a
fourth mounting region spaced from each other along the second central panel; a
second top wall mount panel located above the second central panel and configured
to overlie the wall surface; a second bottom wall mount panel located below the
second central panel and configured to overlie the wall surface, wherein the second
top and bottom wall mount panels are offset from the second central panel in the
first direction, wherein the second top wall mount panel and the second bottom wall
mount panel have a plurality of second slots that are respectively elongated along a
length of each of the second top and bottom wall mount panels and are respectively
arranged sequentially along the lengths of the second top and bottom wall mount
panels, wherein the plurality of second slots are configured to receive additional
wall mount fasteners therethrough to couple the second wall mount bracket to the
wall surface; and second offset panels respectively extending between the second
central panel and the second top wall mount panel and between the second central
panel and the second bottom wall mount panel, the second offset panels being
respectively angled to each of the second central panel and the second top and
bottom wall mount panels; and a weightlifting rack assembly connected to the first
wall mount bracket and the second wall mount bracket, the weightlifting rack
assembly comprising a first bracket connected to the first central panel of the first
wall mount bracket at the first mounting region by a first fastener, a second bracket
connected to the first central panel of the first wall mount bracket at the second
mounting region by a second fastener, a third bracket connected to the second
central panel of the second wall mount bracket at the third mounting region by a
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third fastener, and a fourth bracket connected to the second central panel of the
second wall mount bracket at the fourth mounting region by a fourth fastener,
wherein the first top and bottom wall mount panels being offset from the first
central panel is configured to create a first space between the inner surface of the
first central panel and the wall surface, to provide clearance for the first and second
fasteners, and wherein the second top and bottom wall mount panels being offset
from the second central panel is configured to create a second space between the
inner surface of the second central panel and the wall surface, to provide clearance
for the third and fourth fasteners.
ii. Claim 2: wherein the first offset panels are respectively oblique to the first central
panel and the first top and bottom wall mount panels, and wherein the second offset
panels are respectively oblique to the second central panel and the second top and
bottom wall mount panels.
iii. Claim 3: the first mounting region comprises a first opening in the first central panel
receiving the first fastener, the second mounting region comprises a second opening
in the first central panel receiving the second fastener, the third mounting region
comprises a third opening in the second central panel receiving the third fastener,
and the fourth mounting region comprises a fourth opening in the second central
panel receiving the fourth fastener.
iv. Claim 4: each of the first side rack assembly and the second side rack assembly is
moveable by pivoting between a folded configuration adjacent to the wall surface
and an articulated configuration distal from the wall surface.
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v. Claim 5: the weightlifting rack assembly further comprises a plurality of frame
members including a first vertical member and a second vertical member spaced
from each other, a first cross bar connecting the first bracket to the first vertical
member, a second cross bar connecting the second bracket to the second vertical
member, a third cross bar connecting the third bracket to the first vertical member,
and a fourth cross bar connecting the fourth bracket to the second vertical member.
vi. Claim 6: the first and second vertical members are configured to engage a ground
surface that junctures with the wall surface.
vii. Claim 7: the plurality of frame members further comprises a cross member
connecting the first vertical member to the second vertical member.
viii. Claim 8: the plurality of first slots are elongated along the length of each of the first
top and bottom wall mount panels, and the plurality of second slots are elongated
along the length of each of the second top and bottom wall mount panels.
ix. Claim 9: a method for mounting a weightlifting assembly, comprising: mounting a
first wall mount bracket to a wall surface at a first height, the first wall mount
bracket comprising: a first central panel having an inner surface facing the wall
surface when the first wall mount bracket is mounted to the wall surface, and an
outer surface opposite the inner surface, the first central panel having a first
mounting region and a second mounting region spaced from each other along the
first central panel; a first top wall mount panel located above the first central panel,
the first top wall mount panel overlying the wall surface when mounted; a first
bottom wall mount panel located below the first central panel, the first bottom wall
mount panel overlying the wall surface when mounted, wherein the first top and
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bottom wall mount panels are offset from the first central panel such that a first
space is defined between the inner surface of the first central panel and the wall
surface when the first wall mount bracket is mounted to the wall surface, wherein
the first top wall mount panel and the first bottom wall mount panel have a plurality
of first slots that are respectively arranged sequentially along a length of each of
the first top and bottom wall mount panels; and first offset panels respectively
extending between the first central panel and the first top wall mount panel and
between the first central panel and the first bottom wall mount panel, the first offset
panels being respectively angled to each of the first central panel and the first top
and bottom wall mount panels, wherein mounting the first wall mount bracket to
the wall surface comprises inserting first wall mount fasteners through the plurality
of first slots, such that the first wall mount fasteners engage the wall surface to
mount the first wall mount bracket to the wall surface; mounting a second wall
mount bracket to the wall surface at a second height that is lower than the first
height, such that the second wall mount bracket is located below and spaced from
the first wall mount bracket, the second wall mount bracket comprising: a second
central panel having an inner surface facing the wall surface when the second wall
mount bracket is mounted to the wall surface, and an outer surface opposite the
inner surface, the second central panel having a third mounting region and a fourth
mounting region spaced from each other along the second central panel; a second
top wall mount panel located above the second central panel, the second top wall
mount panel overlying the wall surface when mounted; a second bottom wall mount
panel located below the second central panel, the second bottom wall mount panel
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overlying the wall surface when mounted, wherein the second top and bottom wall
mount panels are offset from the second central panel such that a second space is
defined between the inner surface of the second central panel and the wall surface
when the second wall mount bracket is mounted to the wall surface, wherein the
second top wall mount panel and the second bottom wall mount panel have a
plurality of second slots that are respectively arranged sequentially along a length
of each of the second top and bottom wall mount panels; and second offset panels
respectively extending between the second central panel and the second top wall
mount panel and between the second central panel and the second bottom wall
mount panel, the second offset panels being respectively angled to each of the
second central panel and the second top and bottom wall mount panels, wherein
mounting the second wall mount bracket to the wall surface comprises inserting
second wall mount fasteners through the plurality of second slots, such that the
second wall mount fasteners engage the wall surface to mount the second wall
mount bracket to the wall surface; connecting a weightlifting rack assembly to the
first wall mount bracket and the second wall mount bracket, the weightlifting rack
assembly comprising a first bracket, a second bracket, a third bracket, a fourth
bracket, and a plurality of frame members including a first vertical member and a
second vertical member spaced from each other, a first cross bar connecting the
first bracket to the first vertical member, a second cross bar connecting the second
bracket to the second vertical member, a third cross bar connecting the third bracket
to the first vertical member, and a fourth cross bar connecting the fourth bracket to
the second vertical member, wherein the weightlifting rack assembly is connected
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to the first and second wall mount brackets by connecting the first bracket to the
first wall mount bracket at the first mounting region on the first central panel,
connecting the second bracket to the first wall mount bracket at the second
mounting region on the first central panel, connecting the third bracket to the
second wall mount bracket at the third mounting region on the second central panel,
and connecting the fourth bracket to the second wall mount bracket at the fourth
mounting region on the second central panel.
x. Claim 10: the first bracket is connected to the first central panel by a first fastener,
the second bracket is connected to the first central panel by a second fastener, the
third bracket is connected to the second central panel by a third fastener, and the
fourth bracket is connected to the second central panel by a fourth fastener.
xi. Claim 11: the first mounting region comprises a first opening in the first central
panel receiving the first fastener, the second mounting region comprises a second
opening in the first central panel receiving the second fastener, the third mounting
region comprises a third opening in the second central panel receiving the third
fastener, and the fourth mounting region comprises a fourth opening in the second
central panel receiving the fourth fastener.
xii. Claim 12: the weightlifting rack assembly is foldable and comprises a first side rack
assembly including the first bracket, the first cross bar, the third bracket, the third
cross bar, and the first vertical member, and a second side rack assembly including
the second bracket, the second cross bar, the fourth bracket, the fourth cross bar,
and the second vertical member, wherein the first, second, third, and fourth brackets
are pivot brackets, and wherein the first side rack assembly is foldable by pivoting
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at the first and third brackets, and the second side rack assembly is foldable by
pivoting at the second and fourth brackets.
xiii. Claim 13: pivoting the first side rack assembly and the second side rack assembly
from folded configurations adjacent to the wall surface to articulated configurations
distal from the wall surface, and connecting a central cross member between the
first and second side rack assemblies to fix the first and second side rack assemblies
in the articulated configurations.
xiv. Claim 14: assembling the plurality of frame members and the first, second, third,
and fourth brackets to form the weightlifting rack assembly.
xv. Claim 15: wherein the first and second vertical members engage a ground surface
that junctures with the wall surface.
xvi. Claim 16: wherein the first offset panels are respectively oblique to the first central
panel and the first top and bottom wall mount panels, and wherein the second offset
panels are respectively oblique to the second central panel and the second top and
bottom wall mount panels.
45. On information and belief, Dick’s infringement of the ’661 patent has been, and
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least 35 U.S.C. §§ 281, 284, and 285.
Demand for Jury Trial
Rogue hereby demands a jury trial on all issues so triable.
Relief Sought
WHEREFORE, Plaintiff respectfully prays for:
A. Judgment that Dick’s has (i) infringed the D’405 patent in violation of § 271 of
Title 35 in the United States Code; (ii) infringed the D’216 patent in violation of § 271 of Title 35
in the United States Code; (iii) infringed the D’920 patent in violation of § 271 of Title 35 in the
United States Code; and (iv) infringed the ’661 patent in violation of § 271 of Title 35 in the United
States Code;
B. An injunction against further infringement of Rogue’s patents by Dick’s and each
of Dick’s agents, employees, servants, attorneys, successors and assigns, and all others in privity
or acting in concert with any of them, pursuant to at least 35 U.S.C. § 283;
C. An Order directing Dick’s to recall all infringing products sold and/or distributed
and to provide a full refund for all recalled infringing products;
D. An award of damages adequate to compensate Rogue for Dick’s patent
infringements pursuant at least to 35 U.S.C. § 284, and an award for Dick’s profits from its patent
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infringements pursuant at least to 35 U.S.C. § 289, together with prejudgment interest and costs
and reasonable attorney fees, pursuant at least to 35 U.S.C. §§ 284 and 285; and
E. Such other and further relief as this Court deems just and proper.
Dated: April 7, 2021 Respectfully submitted,
By: /s/ Drew H. Campbell
Drew H. Campbell
Ohio Bar No. 0047197
Trial Attorney for Plaintiff, Coulter Ventures, LLC
BRICKER & ECKLER LLP
100 South Third Street
Columbus, Ohio 43215-4291
Telephone: (614) 227-2300
Facsimile: (614) 227-2390
dcampbell@bricker.com
Louis DiSanto (pro hac vice forthcoming)

Illinois Bar No. 6286044
ldisanto@bannerwitcoff.com
Kurt C. Riester (pro hac vice forthcoming)
kriester@bannerwitcoff.com
Christian T. Wolfgram (pro hac vice forthcoming)
cwolfgram@bannerwitcoff.com
BANNER & WITCOFF, LTD.
71 South Wacker Drive
Suite 3600
Chicago, IL 60606-7407
Telephone: (312) 463-5000
Facsimile: (312) 463-5001
ATTORNEYS FOR COULTER VENTURES, LLC
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Case: 2:21-cv-01608-SDM-EPD Doc #: 1-1 Filed: 04/07/21 Page: 1 of 20 PAGEID #: 28
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
Case: 2:21-cv-01608-SDM-EPD
JS 44 (Rev. 10/20) DocCOVER
CIVIL #: 1-5 Filed: 04/07/21 Page: 1 of 2 PAGEID #: 90
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.)
I. (a) PLAINTIFFS DEFENDANTS
Coulter Ventures, LLC, d/b/a Rogue Fitness Dick’s Sporting Goods, Inc.
(b) County of Residence of First Listed Plaintiff Franklin County of Residence of First Listed Defendant Allegheny
(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)
Drew H. Campbell, Bricker & Eckler LLP, 100 South Third
Street, Columbus, Ohio 43215-4291, Tel. (614) 227-2300
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
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
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(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 271
VI. CAUSE OF ACTION Brief description of cause:
Complaint for damages and injunctive relief arising under federal law, United States Patent Act
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
Apr 7, 2021 /s/ Drew H. Campbell
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 10/20)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
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.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
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.

Coulter Ventures v. Dick's Sporting Goods - Complaint

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Coulter Ventures v. Dick's Sporting Goods - Complaint

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Case: 2:21-cv-01608-SDM-EPD Doc #: 1 Filed: 04/07/21 Page: 1 of 27 PAGEID #: 1

UNITED STATES DISTRICT COURT

Case No. _________

Dick’s Sporting Goods, Inc., Jury Trial Demanded

Dick’s Sporting Goods, Inc. (“Dick’s”), alleges as follows:

its retailer stores and its website, as described below.

JURISDICTION AND VENUE

1331 and 1338(a).

Center, 4280 Easton Gateway Drive, Columbus, OH 43219.

5. Venue is proper in this District pursuant to at least 28 U.S.C. § 1400(b) at least

established place of business in this District.

General Allegations – Rogue’s Intellectual Property

Illustration 1: Exemplary Figure from the D’405 Patent

2. An exemplary figure from the D’216 patent is shown in Illustration 2 below.

Illustration 2: Exemplary Figure from the D’216 Patent

Illustration 3: Exemplary Figure from the D’920 Patent

collectively referred to as “Rogue’s Patents.”

General Allegations – Dick’s Willful and Unlawful Activities

13. Without Rogue’s authorization, Dick’s has purposefully advertised, marketed,

that violate Rogue’s rights, including Rogue’s Patents.

Exemplary images of Dick’s infringing products are shown below:

Illustration 4: Exemplary Image of Dick’s Infringing Product Listing from

Illustration 5: Exemplary Image of Dick’s Infringing Product from

Illustration 6: Exemplary Image of Dick’s Infringing Product from

15. Dick’s infringement of Rogue’s Patents was and continues to be deliberate,

Excerpt from U.S. Patent No. D883,405

Excerpt from U.S. Patent No. 10,226,661

https://www.dickssportinggoods.com/p/ethos- Excerpt from U.S. Patent No. 10,226,661

16. Dick’s willful infringement of Rogue’s rights is further evidenced by consumer

Illustration 8: Exemplary Image of Consumers Comparing Dick’s to Rogue from

Illustration 9: Exemplary Image of Consumers Comparing Dick’s to Rogue from

16 as though fully set forth herein.

substantially the same.

continues to be, deliberate, intentional, and willful.

activities, including Dick’s deliberate, intentional, and willful infringement.

least 35 U.S.C. §§ 281, 284, 285, and 289.

relief under at least 35 U.S.C. § 283.

24 as though fully set forth herein.

substantially the same.

continues to be, deliberate, intentional, and willful.

activities, including Dick’s deliberate, intentional, and willful infringement.

least 35 U.S.C. §§ 281, 284, 285, and 289.

relief under at least 35 U.S.C. § 283.

32 as though fully set forth herein.

substantially the same.

continues to be, deliberate, intentional, and willful.

activities, including Dick’s deliberate, intentional, and willful infringement.

least 35 U.S.C. §§ 281, 284, 285, and 289.

relief under at least 35 U.S.C. § 283.

40 as though fully set forth herein.

covered by claims 1-16 of the ’661 patent.

limitations, either literally or under the doctrine of equivalents, of:

i. Claim 1: a weightlifting assembly, comprising: a first wall mount bracket

mounting region by a second fastener, a third bracket connected to the second

for the third and fourth fasteners.

bottom wall mount panels.

panel receiving the fourth fastener.

moveable by pivoting between a folded configuration adjacent to the wall surface

and an articulated configuration distal from the wall surface.

v. Claim 5: the weightlifting rack assembly further comprises a plurality of frame

surface that junctures with the wall surface.

connecting the first vertical member to the second vertical member.