MOSELEY BIEHL TSUGA W A LAU & MUZZI

A Hawaii Limited Liability Law Company

ALAN K. LAU 3981
TEDSON H. KOJA 4793
Bishop Place
1132 Bishop St., Suite 2400
Honolulu, Hawaii 96813
Telephone: (808) 531-0490
Email: ALau@hilaw.us
Tkoja@hilaw.us
Attorneys for Plaintiff
HA WAIl AIRBOARDS, LLC
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
CIVIL NO.CV 11 006:5

HA W All AIRBOARDS, LLC,
a Hawaii Limited Liability Company,
Plaintiff,
v.
NALU KAI INCORPORATED,
a Delaware Corporation,
Defendant.
COMPLAINT FOR PATENT
INFRINGEMENT; EXHIBIT A;
DEMAND FOR JURY TRIAL;
SUMMONS
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, HAW All AIRBOARDS, LLC, by and through its attorneys, Moseley Biehl
Tsugawa Lau & Muzzi, LLLC, hereby complains of Defendant NALU KAI INCORPORATED
as follows:
40126/5/76135
I. PARTIES
1. Plaintiff HAWAII AIRBOARDS, LLC ("HAWAII AIRBOARDS") is a limited
liability company organized and existing under the laws of the State of Hawaii with its principal
office located in Kailua, Hawaii.
2. On information and belief, Defendant NALU KAI INCORPORATED ("NKI"
and "Defendant") is a corporation organized and existing under the laws of the State of
Delaware, with its principal place of business located at Haiku Market Place, 810 Haiku Road,
Haiku, Hawaii 96708.
II. JURISDICTION AND VENUE
3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
1338(a) because this action arises under the patent laws of the United States, including 35 U.S.C.
271 et seq. This Court has personal jurisdiction over Defendant because it has committed acts
giving rise to this action within Hawaii and this judicial district and has established minimum
contacts within the forum such that the exercise of jurisdiction over the Defendant would not
offend traditional notions of fair play and substantial justice.
4. Venue properly lies in the District of Hawaii pursuant to 28 U.S.C. 1391 (b),
1391(c), and 1400(b), because Defendant has committed acts within this judicial district giving
rise to this action, and Defendant conducts business in this judicial district, including one or
more of the infringing acts of offering for sale or selling to consumers in this district.
III. CLAIMS
5. HAWAII AIRBOARDS realleges and incorporates by reference the allegations
set forth in Paragraphs 1-4 above as if fully set forth herein.
6. United States Patent Number 6,066,016 ("the '016 Patent") is entitled "Inflatable
Transportable Water Craft for Survival or Other Recreational Applications" and was duly and
40126/5/76135
2
legally issued to Robert N. Yonover on May 23, 2000. All rights and interest in the patent-in-
suit have been assigned to HA WAIl AIRBOARDS. A true and correct copy of the patent-in-suit
as issued is attached hereto as Exhibit A.
7. NKI is engaged in the business of making, offering for sale, selling, and
distributing inflatable stand-up paddleboards ("inflatable SUPs"), under the NAISH brand to
consumers throughout the United States, including Hawaii, such as, for example, the "Mana Air
Series" of inflatable SUP boards. On NKI's website - www.naishsurfing.com (last visited on
October 19,2011) - NKI's inflatable SUPs are advertised as follows:
Super Rigid tnftstables
I

I I
I
......
I
i"",
1J
,
".
Share the Mana Air
.IiiID
II
4in
The Mana Airs are premium. high quality inflatable boards
designed with extra thickness and width for unmatched firmness
and stability. They afe incredibly stable, durable and compactable
for traveling paddlers riding in whitewater, rocky bottom flatwater
or surf conditions.
The Mana Air 6" is hands down the most rigid, stable,
performanceoriented inflatable SUP board on market The Mana
Air 4" IS for lighter rielers and for padellers needing the
transportability of an inflatable board while on a budget. Both the
6" and the 4" corne complete vlith a tlRuge pump
and a durable canvas carry case.
Back to the Full Board Range
Wina
(and a Sl'llilT poodle tool)
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Contest ends on October 31, 2011. Good Luck!
SPECIFICATIONS
L W 0 Vol.
6" 10'0"
33 6
230
tin)
(m,) 305 84 15
4" 10'0"
33 4
210
(in)
(em) 305 84 10
CONSTRUCTION
FINS
HOME ABOUT HWSLHTER REGISTER OLD WEBSITE NAISH KITES NAISH SAILS SITE MAP
40126/5/76135 3
8. NKI's websites further states that: "We have been designing, manufacturing and
selling premium windsurfing, kiteboarding, and stand up paddle equipment since the inception of
each sport - windsurfing since 1979, kiteboarding since 1999, stand up paddling since 2007."
HOME BOARDS PADDLES SOFT TECH FIND A STORE LIFESTYLE CONTEST
Welcome to the world of Naish,
From our Founder and President, Robby Naish, to every single on8 of our Hawaii based employees, boardriding is what
we are all about. We are not part of some gianl corporation and are not new 10 the world of board sports. We have
been designing, manufacturing and selling premium windsurfing, kileboarding, and stand up paddle equipment since the
inception of each sport -- windsUliing since 1979, kiteboarciing since 1999, stand lip paddling since 2007.
Even Ihough Naish has decades of experience in composite construction and board design, we are constantly pushing
Ihe envelope with new materials, shapes and production techniques to advance our products. OUf stand up paddle
board range is one of the largest and the most focLised on the market. Between the clearly categorized Glide, Nalu,
Mana, Alana and Hokua series, choosing the right board has never been easier. Whether you are flat water paddling,
tOLiring, racing or wave riding, Naish has boards and paddles for anyone, of any ability, from novice to professionaL
Unique as well, is the fact that all of our team riders use the exact same production equipment that our clistomers buy,
They ride what you ride, not custom, This enslires our commitment to the clevelopment process and guarantees that
when you purchase a Naish product, you are Ihe best
We would love to share ollr passion for board riding with you. We believe that any day on the water is a good day and
with the right boarel, it is that much better.
See you on the water!
Aloha,
The Naish T ean)

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HOME ABOUT NEWSLTTm REGISTER OLD WEBSITE NAISH KITtS NAISH SAILS SITE MAP
9. NKI's website further identifies at least one dealer located in Hawaii, for
example, Naish Hawaii, Ltd. Located at 155-C Hamakua Dr., Kailua, Hawaii 96734:
40126/5/76135
4
NAISH DEALERS
Naish Hawaii, Ltd.
155-C Hamakua Dr., Kailua, HI.
96734
Phone: (808) 262-6068
Email:

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HOME ABOUT NEWSLETTER REGISTER OLD WEBSITE NAISH KITES llAISH SAILS SITE MAP
10. NKI has infringed and continues to infringe under 35 U.S.C. 271 the '016
Patent. The infringing acts include, but are not necessarily limited to, making, offering for sale,
selling and distributing the product(s) identified in Paragraph 7, above.
11. Defendant's acts of infringement have caused damage to HAWAII AIRBOARDS.
Under 35 U.S.C. 284, HA WAIl AIRBOARDS is entitled to recover from Defendant the
damages sustained by HAWAII AIRBOARDS as a result of its infringement of the '016 Patent.
Defendant's infringement on HAWAII AIRBOARDS' exclusive rights under the '016 Patent
will continue to damage HA WAIl AIRBOARD causing irreparable harm, for which there is no
adequate remedy of law, unless enjoined by this Court under 35 U.S.C. 283.
40126/5/76135
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PRAYER FOR RELIEF
WHEREFORE, HA WAIl AIRBOARDS, LLC respectfully requests that this Court enter
judgment against DefendantNALU KAI INCORPORATED as follows:
(a) NKI has infringed and continues to infringe the '016 Patent;
(b) NKI and its respective directors, officers, employees, agents, subsidiaries,
parents, attorneys, and all persons acting in concert, on behalf of, in joint
venture, or in partnership with NKI be preliminary and permanently enjoined
under 35 U.S.C. 283 against any further acts of infringement;
(c) F or damages to be paid by NKI adequate to compensate HA WAIl
AIRBOARDS, LLC for all infringement of the '016 Patent, including interest,
costs and disbursements as justified under 35 U.S.C. 284;
(d) F or judgment finding this to be an exceptional case, and awarding HAW All
AIRBOARDS, LLC attorney fees under 35 U.S.C. 285; and
(e) For such further relief at law and in equity as the Court may deem just and
proper.
DATED: Honolulu, Hawaii,
40126/5/76135
OCT 2 1 20"
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6
ALANK. LAU
TEDSONH. KOlA
Attorneys for Plaintiff
HAWAII AIRBOARDS, LLC