Aqua Lung America v. Watermark Scuba

8/3/2019 Aqua Lung America v. Watermark Scuba

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COMPLAINT FOR PATENT

INFRINGEMENT - 1BADGLEY ~ MULLINS

LAW GR OUP

Columbia Center

701 Fifth Avenue, Suite 4750

Seattle, Washington 98104

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UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTON

AT SEATTLE

AQUA LUNG AMERICA, INC., a CaliforniaCorporation,

Plaintiff,

v.

WATERMARK SCUBA, INC., d/b/a SEASOFTSCUBA, a Washington Corporation,

Defendants.

CASE No.:

COMPLAINT FOR PATENTINFRINGEMENT

Plaintiff Aqua Lung America, Inc. (Aqua Lung) files this Complaint against defendant

Watermark Scuba, Inc. d/b/a Seasoft Scuba (Seasoft), based upon actual knowledge and upon

information and belief as to the following allegations:

PARTIES

1. Aqua Lung is a California corporation with its principal place of business inVista, California. Aqua Lung is the assignee and owns all right, title, and interest to U.S. Patent

Number 5,926,959, referred to as the 959 Patent.


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LAW GR OUP

Columbia Center



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2. Seasoft is a Washington corporation with its principal place of business inAuburn, Washington. Within the United States, Seasoft develops, manufactures, or distributes

various products used primarily by scuba divers.

JURISDICTION AND VENUE

3. This claim arises under the United States patent laws, 35 U.S.C. 1, et seq. ThisCourt has jurisdiction over this action under 28 U.S.C. 1331 and 1338(a).

4. Seasoft has regularly engaged in business in this State and District andpurposefully availed itself of the privilege of conducting business in this district, for example, by

offering for sale, selling, and distributing scuba equipment through its retail store in Auburn,

Washington, as well as its online website at http://www.seasoftscuba.com. In particular, Seasoft

sells a certain knife in this district that Aqua Lung alleges infringes its 959 Patent. Accordingly,

this Court has personal jurisdiction over Seasoft.

5. Venue is proper in this District under 28 U.S.C. 1391 and 1400. Seasoft doesbusiness, infringes, and continues to infringe the 959 Patent within this district.

FACTUAL BACKGROUND

6. On July 27, 1999, after a thorough examination, the U.S. Patent and TrademarkOffice issued the 959 Patent, entitled Locking Knife and Sheath. An accurate copy of the

959 Patent is attached as Exhibit A to this Complaint.

7. Since it issued, the 959 Patent has been in full force and effect.8. Through an assignment from the inventor, Walter Collins, Aqua Lung became the

owner of all right, title, and interest in the 959 Patent, including the right to sue for any

infringements that may occur.


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LAW GR OUP

Columbia Center



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COUNT 1 Seasofts Infringement of the 959 Patent

9. Aqua Lung incorporates by reference the allegations in paragraphs 1-8 above.10. Seasoft has infringed, and continues to infringe the 959 Patent by engaging in

unlicensed acts within the United States including manufacturing, using, selling, or offering to

sell, or importing into the United States, products that embody the patented invention described

and claimed in the 959 Patent, including a particular combination of knife and sheath device

known as a Nite Edge.

11. Additionally, Seasoft has induced others to infringe the 959 Patent or havecommitted acts of contributory infringement of the 959 Patent.

12. Aqua Lung has not licensed Seasoft to engage in any of these activities.13. Seasoft will continue to infringe the 959 Patent unless enjoined by this Court.14. As a result of Seasofts infringing conduct, Aqua Lung has suffered, and will

continue to suffer, irreparable harm for which there is no adequate remedy at law.

15. Aqua Lung is entitled to a preliminary and permanent injunction against Seasoftto prevent its continued infringement under 35 U.S.C. 283.

16. As a result of Seasofts infringement of the 959 Patent, Aqua Lung has beendamaged, will be further damaged, and is entitled to compensation for its damages under 35

U.S.C. 284 in an amount to be determined at trial.

17. Seasofts past and continuing infringement of the 959 Patent has been deliberateand willful. Thus, its conduct warrants an award of treble damages under 35 U.S.C. 284, and

this is an exceptional case justifying an award of attorneys fees to Aqua Lung under 35 U.S.C.

285.


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LAW GR OUP

Columbia Center



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JURY DEMAND

18. Aqua Lung requests that this case be tried by a jury.PRAYER FOR RELIEF

Therefore, Aqua Lung requests that this Court award the following relief:

a. A judgment that Seasoft has infringed the 959 Patent;b. A judgment and order permanently enjoining Seasoft, its directors, officers,

employees, agents, affiliates, subsidiaries, and all entities who actively assist or

participate with Seasoft, from further infringing the 959 Patent;

c.

A judgment and order requiring Seasoft to pay damages to Aqua Lung to compensate

it for its wrongful infringing acts under 35 U.S.C. 284;

d. A judgment and order requiring Seasoft to pay increased damages up to three times,resulting from its willful and deliberate infringement of the 959 Patent;

e. A finding in favor of Aqua Lung that this is an exceptional case under 35 U.S.C. 285, and an award to Aqua Lung of its costs, including reasonable attorneys fees and

other related expenses incurred while litigating this action;

f. A judgment and order requiring Seasoft to pay Aqua Lungs pre-judgment interestunder 35 U.S.C. 284, and post-judgment interest under 28 U.S.C. 1961, on all

damages awarded; and

g. Any other costs or further relief to which the Court finds Aqua Lung is entitled.//

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LAW GR OUP

Columbia Center



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DATED this 10th day of January, 2012.

s/ Duncan C. Turner

Duncan C. Turner, WSBA No. 20597BADGLEY~MULLINS LAW GROUP4750 Columbia Center

701 Fifth Avenue

Seattle, Washington, 98104Telephone: (206) 621-6566

Facsimile: (206) 621-9686

Email: [email protected]

s/ Allyssa J. Hale

Allyssa J. Hale, WSBA No. 38429

BADGLEY~MULLINS LAW GROUP4750 Columbia Center

701 Fifth Avenue

Seattle, Washington, 98104Telephone: (206) 621-6566

Facsimile: (206) 621-9686Email: [email protected]


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EXHIBIT A


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Aqua Lung America v. Watermark Scuba

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