Leki Lenhart et. al. v. Dick's Sporting Goods et. al.

7/29/2019 Leki Lenhart et. al. v. Dick's Sporting Goods et. al.

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UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK

LEKI LENHART GMBH, andLEKI USA, INC. Civil Action No.

Plaintiffs,

DICK’S SPORTING GOODS, INC.,

AMERICAN SPORTS LICENSING, INC.,

and

SYNERGY SPORTZ LLC

(D/B/A YUKON CHARLIE’S) JURY TRIAL DEMANDED

Defendants.

COMPLAINT AND JURY DEMAND

1. This action arises under the patent laws of the United States, Title 35 of the

United States Code, and relates to U.S. Patent No. 7,726,898.

The Parties

2. Plaintiff' Leki Lenhart GmbH is a german corporation with its principal place of

business at Karl-Arnold-Str. 30 73230 Kirchheim, Germany. Plaintiff Leki USA, Inc. is a New

York corporation with a principle place of business at 458 Sonwill, Dr., Buffalo, New York.

(Plaintiffs are hereinafter collectively referred to as “Leki”).

3. Defendants Dick’s Sporting Goods, Inc., and American Sports Licensing, Inc.,

(hereinafter collectively referred to as “DSG”) are Delaware corporations having their principle

place of business at 345 Court Street, Coraopolis, PA 15108. Among other things, DSG sells

trekking poles, including in this District and elsewhere in the United States.

4. Defendant Synergy Sportz LLC (d/b/a Yukon Charlie’s) is a Massachusetts

company having a principle place of business at 11 Jonathan Bourne Drive, Pocasset, MA 02559

(hereinafter referred to as “Synergy”). Among other things, Synergy sells trekking poles to DSG

in this District and elsewhere in the United States.



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Jurisdiction and Venue

5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1338 (a).

6. The personal jurisdiction of this Court over Defendants is proper because

Defendants commit acts of infringement in violation of 35 U.S.C. § 271 and place infringing

products into the stream of commerce, via an established distribution channel, with the knowledge

and/or understanding that such products are sold in the State of New York, including in this

District. These acts cause injury to Leki within the District. Upon information and belief,

Defendants derive substantial revenue from the sale of infringing products distributed within the

District, and/or expect or should reasonably expect their actions to have consequences within the

District and derive substantial revenue from interstate and international commerce. In addition,

Defendants have, and continue to, knowingly induce infringement within this State and within this

District by contracting with others to market and sell infringing products with the knowledge and

intent to facilitate infringing sales of the products by others within this District, by creating and/or

disseminating advertisements for the products with like knowledge and intent, and by warranting

the products sold by others within the District.

7. Venue is proper in this District under 28 U.S.C. §§ 1391 (b), (c) and 1400 (b).

First Claim for Relief (Patent Infringement)

8. Leki Lenhart GmbH is the exclusive licensee with all substantial rights in U.S.

Patent No. 7,726,898 (“the ‘898 patent”), entitled “Adjustable-Length Tube, in Particular for

Poles,” a true copy of which is attached hereto as Exhibit A. The '898 patent was duly and legally

issued on June 1, 2010.

9. DSG has infringed and continues to infringe the '898 patent, by using, selling and/or

offering to sell, within the United States, and/or by importing into the United States, products,

including, but not limited to, the Koppen trekking pole and the Synergy's Yukon Charlie's trekking



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poles, both of which embody and/or practice at least claim 1 of the '898 patent in violation of 35

U.S.C. § 271.

10. The '898 patent is directed to, among other things, a radially spreadable element that

can be radially pressed apart to tighten a connection between sections of an adjustable-length pole,

as shown in Figure 1 from the '898 patent below.



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11. Photos of the Koppen trekking pole and connection mechanism are shown below:

12. The Koppen trekking poles include at least one radially spreadable element that can

tighten a connection between sections of the adjustable-length pole.



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13. Photos of Yukon Charlie's trekking poles and connection mechanisms are shown

below:

14. The Yukon Charlie's trekking poles include at least one radially spreadable element

that can tighten a connection between sections of the adjustable-length pole.

15. DSG has induced, and continues to induce, others to infringe the '898 patent in

violation of 35 U.S.C § 271, by taking active steps to encourage and facilitate others’ direct

infringement of the '898 patent with knowledge of that infringement, such as, upon information

and belief, by offering to sell and selling the infringing poles, and by marketing the infringing poles in

the United States, in this State and in this District.

16. Leki has put DSG on notice of the '898 patent and DSG’s infringement thereof at

least as early as July 19, 2012.

17. As a result of DSG’s infringement, Leki has suffered, and will continue to suffer

substantial damages. Leki will also suffer irreparable harm unless DSG’s infringement is enjoined

by this Court.



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18. Synergy has infringed and continues to infringe the '898 patent, by using, selling

and/or offering to sell, within the United States, and/or by importing into the United States,

products, including, but not limited to, Yukon Charlie's trekking poles such as the Pro-Trekking

and ICPoles that embody and/or practice at least claim 1 of the '898 patent in violation of 35

U.S.C. § 271.

19. Synergy has induced, and continues to induce, others to infringe the '898 patent in

violation of 35 U.S.C § 271, by taking active steps to encourage and facilitate others’ direct

infringement of the '898 patent with knowledge of that infringement, such as, upon information

and belief, by contracting for the distribution of the infringing poles for infringing sale such as by

retail sales outlets including DSG, by marketing the infringing poles, by creating and/or

distributing advertisements and literature for the infringing poles, by including an instructional and

promotional video on its website and by supplying warranty coverage for the infringing poles sold

in the United States, this State, and this District. In particular, Synergy has imported and sold

infringing Yukon Charlie's trekking poles to DSG. Synergy also maintains an instructional video

on its website that shows the structure of the infringing poles, and instructs and encourages

customers to buy and use the infringing poles.

20. Leki has put Synergy on notice of the '898 patent and Synergy's infringement

thereof at least as early as June 22, 2011.

21. As a result of Synergy's infringement, Leki has suffered, and will continue to suffer,

substantial damages. Leki will also suffer irreparable harm unless Synergy's infringement is

enjoined by this Court.

Second Claim for Relief

(Breach of Contract)

22. Leki hereby re-alleges and incorporates by reference the allegations of paragraphs

1-21.



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23. On February 27, 2012, Synergy entered into a confidential Settlement Agreement

with Leki, a true and correct copy of which is attached as Exhibit B (filed under seal).

24. Synergy has materially breached the Settlement Agreement at least by advertising

and offering to sell infringing poles including the Yukon Charlie's Pro-Trekker and/or ICPOLE

models, and by selling and supplying inventory of infringing poles to DSG. Synergy’s activities

constitute a material breach of at least Article I of the Settlement Agreement. As a result of

Synergy's breach, Leki has suffered, and will continue to suffer, substantial damages at least in that

Leki has suffered lost sales and profits due to the sales of Synergy poles, and Leki has had to

engage an attorney to stop Synergy’s continued breach. Leki will also suffer irreparable harm

unless Synergy's continued breach is enjoined by this Court.

WHEREFORE, Leki requests that the Court:

1. Adjudge that Defendants have infringed and continue to infringe the asserted

claims of the '898 patent;

2. Adjudge that Synergy has breached the Settlement Agreement (Exhibit B);

3. Preliminarily and permanently enjoin Defendants from further breach and further

infringement of the '898;

4. Award Leki compensatory damages;

5. Award Leki enhanced damages of treble its actual damages for willful

infringement;

6. Award Leki its costs and reasonable experts’ fees and attorneys’ fees; and

7. Award Leki such other relief as the Court deems just and proper.

PLAINTIFF CLAIMS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE.



Dated: January 30, 2013

HODGSON RUSS LLP

By: s/ Melissa N. Subjeck

Robert J. Fluskey , Jr.

Melissa N. Subjeck The Guaranty Building

140 Pearl Street, Suite 100

Buffalo, New York 14202Telephone: (716)856-4000

Facsimile: (716)849-0349

Email: [email protected]

Email: [email protected]

John F. Rabena (Seeking Admission Pro Hac Vice)

Eric S. Barr (Seeking Admission Pro Hac Vice)SUGHRUE MION, PLLC

2100 Pennsylvania Ave, NW

Suite 800Washington, DC 20037

Tel: (202)293-7060

Fax: (202)293-7860Email: [email protected]

000160.01185 Litigation 8952666v1

Leki Lenhart et. al. v. Dick's Sporting Goods et. al.

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