Dual Lever Suspension v. Santa Cruz Bicycles et. al.

8/4/2019 Dual Lever Suspension v. Santa Cruz Bicycles et. al.

http://slidepdf.com/reader/full/dual-lever-suspension-v-santa-cruz-bicycles-et-al 1/8

Brooks F. Cooper, OSB # 941772

2300 SW First Avenue, Suite 101

Portland, OR 97201

v: 971.645.4433

f: 503.296.5704

e:

[email protected]

Attorney for Plaintiff Dual Lever Suspension, L.L.C.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

DUAL LEVER SUSPENSION, L.L.C., Case No. CV .11- 119 9- MOAn Oregon Limited Liability Company,

COMPLAINT

Plaintiff, Patent Infringement - 35 V.S.c. § 271

v.

SANTA CRUZ BICYCLES, INC., a California

corporation, STAR CITY MOUNTAIN BIKE

COMPANY, INC. dba TOMAC MOUNTAIN

BIKES or TOMAC BIKES, a Nebraska

corporation; and FOES FABRICATIONS, INC., DEMAND FOR JURY TRIALa California corporation,

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT:

PARTIES

- COMPLAINTBrooks Cooper

2300 5W Firs. Ave., 5.e 10 1

Portland, OR 9720 1

v: 971.645.4433; f: 503 .296.5704

brookS@ bcooper-law.com

mailto:[email protected]















1.

Plaintiff, Dual Lever Suspension, LLC, is an Oregon Limited Liability Company. It is the

assignee of 100% of the rights to U.S. Patent Number 7,918,472 B2 which is described below.

2.

Defendant SANTA CRUZ BICYCLES, INC. is a California corporation doing business

in Oregon by offering the infringing products described below through retail dealers in Oregon.

1.

Defendant STAR CITY MOUNTAIN BIKE COMPANY, INC. does business as

TOMAC MOUNTAIN BIKES or TOMAC BIKES and is a Nebraska corporation which offers

the infringing products described below.

4.

Defendant FOES FABRICATIONS, INC. is a California corporation doing business as

FOES RACING USA and does business in Oregon by offering the infringing products described

below through retail dealers in Oregon.

JURISDICTION

5.

This is a civil action for patent infringement, injunctive relief, and damages arising under

the United States Patent Act, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction

ofthe claims asserted herein under 28 U.S.C. §§ 1331 and 1338(a).

6.

This Court has in personam jurisdiction over Defendants because they conduct business

within Oregon, the forum state, and have committed acts of patent infringement in this District.

Defendants advertise and interactively offer for sale the infringing product in print media, or


2300 SW First Ave., Ste 10\

Portland, OR 9720 \

v: 971.645.4433; f: 503.296.5704

brookS@ bcoo per· law.com

http://slidepdf.com/reader/full/brookS@bcooper%C2%B7law.com













periodicals distributed in Oregon or on broadcast media receivable in Oregon.

Each defendant has systematic and continuous contacts with the State ofOregon and has

purposefully availed itself the privilege of conducting activities in Oregon by soliciting and/or

conducting business transactions in Oregon.

VENUE

7.

A substantial part of the acts, events and omissions giving rise to the claims asserted in

this action occurred within this judicial District, and plaintiff resides and is headquartered in this

judicial District. Venue is therefore proper in this court under the provisions of28 U.S.c. §§

1391(b) and (c) and 1400(b). Federal question jurisdiction is conferred pursuant to U.S.C. §§

1331 and 1338(a).

THE PATENT IN SUIT

8.

On AprilS , 2011, U.S. Patent No. 7,918,472 ("the '472" patent") entitled "DUAL

LEVER COMPRESSION SUSPENSION SYSTEM" was duly and legally issued to Kris Devin

Peterson. Mr. Peterson subsequently assigned the entire right, title and interest in and to the ' 472

patent to Dual Lever Suspension, LLC. A copy of the patent is attached as EXHIBIT A.

CLAIM FOR RELIEF(Patent Infringement)

9.

In violation of35 U.S.c. § 271 (a), (b) and (c), Defendants, and each of them have

infringed and continue to infringe directly or under the doctrine of equivalents; have induced and

continue to induce others to infringe; and/or have committed and continue to commit acts of

contributory infringement of one or more of the claims of the '472 patent.

- COMPLAINTB rooks Cooper

2300 SW Firs' Ave., S'e 101

Portland, OR 97201

v: 971.645 4433; f: 503.296.5704

brookS@bcoope r-law.com




















10.

The '472 patent provides an image of its claims embodied in a bicycle frame. This is the

Image:

81

......- - - -10

as

12.

Defendant Santa Cruz offers, through its dealers in Oregon, bicycle models called

"Butcher," "Heckler," "Blur," "Blur XC Carbon," "Juliana," "Superlight," "Tall Boy," "Tall Boy

Carbon," "Blur TR Carbon," Blur LT," "Blur L T Carbon," "Nickel," "Driver 8," "V 10 Carbon,"

"Nomad," and "Nomad Carbon" which each infringe one or more claims of the '472 patent.

Each of them is offered as a complete bicycle or simply a frame set.

/11

II /

/11

II /

II/

- COMPLAINTBrOOks Cooper

2300 SW Fiest Ave., Ste 101

Portland, OR 9720 I

v: 971.645.4433; f: 503.2%.5704

brookS@bco oper-law .com















13.

Here is an image of the "Butcher" frameset as an example of the infringing products

defendant makes, offers for sale and sells:

14.

Defendant Foes Fabrications, Inc. offers, through its dealers in Oregon, bicycle models

called "Foes DHS Mono," "Foes FXR," "Foes 4X," "Foes RS7," "Foes XCT,"

"Foes B-29 Bomber," "Foes Shaver Ultra Trail," "Foes 2:1 XCT - 5.5" Trail," and "Foes 2:1 B

29 Bomber - 4" 2ger Trail," which each infringe one or more claims of the '472 patent. Each of

them is offered as a complete bicycle or simply a frarneset.

1//

/ I I

/ I I


2300 SW Fi rs t Ave., Ste 10 1

Portl and, OR 9720 1

v: 971.645.4433; f: 503.296.5704

[email protected]



















15.

Here is an image of the "Foes Shaver Ultra Trail" bicycle as an example of the infringing

products defendant makes, offers for sale and sells:

16.

Defendant Star City offers, bicycle models called "Vanish," "Carbide SL," "Snyper,"

"Supermatic," "Diplomat," and "Automatic" which each infringe one or more claims of the '472

patent. Each of them is offered as a complete bicycle or simply a frame set.

17.

Here is an image of the "Vanish" frameset as an example of the infringing products


2300 SW First Ave., Ste 101

Portland, OR 9720 I

v: 971.645.4433; f: 503.296.5704

[email protected]









bicycles ofwhich they comprise a part;

E. An order pursuant to 35 U.S.c. § 284, and based on Defendants' willful and

wanton infringements of the'472 patent, trebling all damages awarded to Plaintiff;

F. An order, pursuant to 35 US.c. § 284, awarding to Plaintiff pre-judgment and

post-judgment interest on the damages and its costs incurred in this action;

G. An order, pursuant to 35 U.S.c. § 285 directing Defendants to deliver to Plaintift:

for destruction at Plaint iff s option, all products that infringe the'472 patent; and

H. Awarding plaintiff such other relief as the Court may deem just and equitable.

DATED this 3rd day of October, 2011.

-B sF. Cooper, OSB # 94177

Of Attorneys for Plaintiff

Dual Lever Suspension, LLC

D E M A N D F O R J U R Y T R ~ L Plaintiff Demands a trial by jury of all claims where it is so entitled, pursuant to FRCP

38(b).

DATED this 3rd

day of October, 2011.

sF. Cooper, OSB # 94177

Of Attorneys for Plaintiff

Dual Lever Suspension, LLC

- COMPLAINT

Brooks Cooper2300 SW Firsl Ave., Ste 101

Ponland. OR 9720 I

V ' 971.645.4433 : f: 503 .296.5704

Dual Lever Suspension v. Santa Cruz Bicycles et. al.

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