SBD Apparel Limited v. A7 Fitness - Complaint

Case 1:17-cv-04516-AT Document 1 Filed 11/09/17 Page 1 of 6
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
SBD Apparel Limited,

)
)
Plaintiff, ) CIVIL ACTION
) NO._________________
v. )
)
A7 Fitness Inc., )
)
Defendant. )
_________________________________________)
COMPLAINT FOR DESIGN PATENT INFRINGEMENT
SBD Apparel Limited (SBD or Plaintiff), by and through its
undersigned counsel, files its Complaint for Design Patent Infringement against
the above-named Defendant and for its cause of action hereby states:
PARTIES
1. SBD is a limited company organized and existing under the laws of
the United Kingdom, and maintains a principal place of business in Rotherham,
England.
2. A7 Fitness Inc. (A7 or Defendant) is a Georgia corporation with
its principal place of business located, upon information and belief, at 3030
Richmond Rd, Cherokee County, Woodstock, GA 30189.

1
3. A7 may be served by service upon its registered agent, Jason L. Webb,
3030 Richmond Rd, Cherokee County, Woodstock, GA 30189.
4. A7 regularly conducts its business by way of sales of goods, including
the sale of the goods accused of infringement in this case, within the State of
Georgia and within this judicial district.
JURISDICTION AND VENUE
5. This is an action for design patent infringement arising under the
provisions of the Patent Laws of the United States of America, Title 35, United
States Code.
6. Subject-matter jurisdiction over SBDs claims is conferred upon this
Court by 28 U.S.C. 1331 (federal question jurisdiction) and 28 U.S.C. 1338(a)
(patent jurisdiction).
7. Venue is proper in this judicial district pursuant to 28 U.S.C.
139l(b) and (c) and 1400(b).
INFRINGEMENT OF U.S. PATENT NO. D707,361
8. On June 17, 2014, United States Patent No. D707,361 (the 361
patent"), a copy of which is attached hereto as Exhibit A, was duly and legally
issued by the United States Patent and Trademark Office.
2
9. SBD is the owner by assignment of all right, title and interest in and to
the 361 patent, including the right to recover for any and all past infringements
thereof.
10. Defendant has in the past and continues to infringe the '361 patent by
using, making, importing, selling and/or offering to sell, in this judicial district and
elsewhere in the United States, knee sleeve products which infringe the '361 patent
(the Infringing Products). The Infringing Products include at least the A7 knee
sleeves. Other similar products may also be identified as a result of discovery in
this case. Such conduct constitutes, at a minimum, patent infringement under 35
U.S.C. 271(a).
11. SBD is informed and believes, and on that basis alleges, that
Defendants infringement of the 361 patent has been and continues to be
intentional, willful, and without regard to SBDs rights.
12. An ordinary observer with knowledge of the prior art would find that
Defendants Infringing Products are substantially similar to the 361 patent giving
such attention as a purchaser usually gives.
3
13. The acts of infringement of the 361 patent by Defendant have caused
damage to SBD, and SBD is entitled to recover from Defendant the damages
sustained by SBD as a result of the wrongful acts in an amount subject to proof at
trial, including but not limited to an amount of no less than a reasonable royalty.
14. SBD provided Defendant with a written notice of its patent rights and
has previously demanded that Defendant cease and desist from further sales of the
Infringing Products. However, Defendant has continued to use, make and sell the
Infringing Products.
15. Upon information and belief, Defendant will continue to infringe the
'361 patent unless enjoined by this Court.
16. As a consequence of the infringement complained of herein, SBD has
been irreparably damaged to an extent not yet determined and will continue to be
irreparably damaged by such acts in the future unless Defendant is enjoined by this
Court from committing further acts of infringement.
17. Defendants patent infringement is continuing and is willful because
Defendant has continued its infringing practices with knowledge of SBDs patent
rights and in a manner that is objectively reckless.
4
PRAYER FOR RELIEF
WHEREFORE, SBD prays for entry of judgment that:
(1) Defendant has infringed the '361 patent;
(2) Defendant account for and pay to SBD all damages and costs of SBD
caused by Defendant's patent infringement, including payment of
damages in the amount of no less than a reasonable royalty;
(3) SBD be granted permanent injunctive relief pursuant to 35 U.S.C.
283 enjoining Defendant, its officers, agents, servants, employees
and those persons in active concert of participation with it from
further acts of patent infringement;
(4) SBD be granted pre-judgment and post-judgment interest on the
damages caused to it by reason of Defendant' s patent infringement;
(5) SBD be awarded damages to adequately compensate for
Defendants infringement of the 361 patent pursuant to 35 U.S.C.
284;
(6) Defendant be ordered to pay enhanced or treble damages, costs and
attorneys fees, pursuant to 35 U.S.C. 284 and 285, including
because this is an exceptional case;
5
(7) SBD be granted such further and additional relief as this Honorable
Court may deem just and proper under the circumstances.
DEMAND FOR JURY TRIAL
SBD demands trial by jury on all claims and issues so triable.
This 9th day of November, 2017.

FISHERBROYLES, LLP
_/s/ Vincent Bushnell____________

VINCENT BUSHNELL
Georgia Bar No. 098999
vincent.bushnell@fisherbroyles.com
1200 Abernathy Road
Building 600, Suite 1700
Atlanta, GA 30328
Tel: 678-902-7190
CATHERINE F. HOFFMAN
(pro hac vice application to be
submitted)
choffman@mayback.com
MAYBACK & HOFFMAN, P.A.
5846 S. Flamingo Rd #232
Fort Lauderdale, FL 33330
Telephone: (954) 704-1599
Facsimile: (954) 704-1588
Attorneys for Plaintiff
SBD Apparel Limited
6
JS44 (Rev. 6/2017 NDGA) Case 1:17-cv-04516-ATCIVIL
Document
COVER1-1SHEET
Filed 11/09/17 Page 1 of 2
The JS44 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 is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)
I. (a) PLAINTIFF(S) DEFENDANT(S)

SBD APPAREL LIMITED A7 FITNESS, INC.
(b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED

PLAINTIFF United Kingdom DEFENDANT Cherokee County, Geori
(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, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN)
E-MAIL ADDRESS)
FISHERBROYLES, LLP, VINCENT BUSHNELL

vincent.bushnell@fisherbroyles.com
1200 Abernathy Road, Building 600, Suite 1700
Atlanta, GA 30328
Tel: 678-902-7190
II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN X IN ONE BOX ONLY) (PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
PLF DEF PLF DEF
1 U.S. GOVERNMENT 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL

PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE
2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL

DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER STATE
IN ITEM III)
3 3 CITIZEN OR SUBJECT OF A 6 6 FOREIGN NATION
FOREIGN COUNTRY
IV. ORIGIN (PLACE AN X IN ONE BOX ONLY)

TRANSFERRED FROM MULTIDISTRICT APPEAL TO DISTRICT JUDGE
1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 LITIGATION - 7 FROM MAGISTRATE JUDGE
PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) TRANSFER JUDGMENT
MULTIDISTRICT
8 LITIGATION -
DIRECT FILE
V. CAUSE OF ACTIONJURISDICTIONAL
(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
STATUTES UNLESS DIVERSITY)
Design Patent Infringment, 35 U.S.C. 271, 35 U.S.C. 283, 35 U.S.C. 284 and 285
(IF COMPLEX, CHECK REASON BELOW)
1. Unusually large number of parties. 6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government.
3. Factual issues are exceptionally complex 8. Multiple use of experts.
4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries.
5. Extended discovery period is needed. 10. Existence of highly technical issues and proof.
CONTINUED ON REVERSE
FOR OFFICE USE ONLY
RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP) ______________________
JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION______________________

(Referral)
Case 1:17-cv-04516-AT Document 1-1 Filed 11/09/17 Page 2 of 2
VI. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK SOCIAL SECURITY - "0" MONTHS DISCOVERY
150 RECOVERY OF OVERPAYMENT & 440 OTHER CIVIL RIGHTS TRACK
ENFORCEMENT OF JUDGMENT 441 VOTING 861 HIA (1395ff)
152 RECOVERY OF DEFAULTED STUDENT 442 EMPLOYMENT 862 BLACK LUNG (923)
LOANS (Excl. Veterans) 443 HOUSING/ ACCOMMODATIONS 863 DIWC (405(g))
153 RECOVERY OF OVERPAYMENT OF 445 AMERICANS with DISABILITIES - Employment 863 DIWW (405(g))
VETERAN'S BENEFITS 446 AMERICANS with DISABILITIES - Other 864 SSID TITLE XVI
448 EDUCATION 865 RSI (405(g))
CONTRACT - "4" MONTHS DISCOVERY TRACK
110 INSURANCE FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
120 MARINE IMMIGRATION - "0" MONTHS DISCOVERY TRACK TRACK
130 MILLER ACT 462 NATURALIZATION APPLICATION 870 TAXES (U.S. Plaintiff or Defendant)
140 NEGOTIABLE INSTRUMENT 465 OTHER IMMIGRATION ACTIONS 871 IRS - THIRD PARTY 26 USC 7609
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS PRISONER PETITIONS - "0" MONTHS DISCOVERY OTHER STATUTES - "4" MONTHS DISCOVERY
190 OTHER CONTRACT TRACK TRACK
195 CONTRACT PRODUCT LIABILITY 463 HABEAS CORPUS- Alien Detainee 375 FALSE CLAIMS ACT
196 FRANCHISE 510 MOTIONS TO VACATE SENTENCE 376 Qui Tam 31 USC 3729(a)
530 HABEAS CORPUS 400 STATE REAPPORTIONMENT
REAL PROPERTY - "4" MONTHS DISCOVERY 535 HABEAS CORPUS DEATH PENALTY 430 BANKS AND BANKING
TRACK 540 MANDAMUS & OTHER 450 COMMERCE/ICC RATES/ETC.
210 LAND CONDEMNATION 550 CIVIL RIGHTS - Filed Pro se 460 DEPORTATION
220 FORECLOSURE 555 PRISON CONDITION(S) - Filed Pro se 470 RACKETEER INFLUENCED AND CORRUPT
230 RENT LEASE & EJECTMENT 560 CIVIL DETAINEE: CONDITIONS OF ORGANIZATIONS
240 TORTS TO LAND CONFINEMENT 480 CONSUMER CREDIT
245 TORT PRODUCT LIABILITY 490 CABLE/SATELLITE TV
290 ALL OTHER REAL PROPERTY PRISONER PETITIONS - "4" MONTHS DISCOVERY 890 OTHER STATUTORY ACTIONS
TRACK 891 AGRICULTURAL ACTS
TORTS - PERSONAL INJURY - "4" MONTHS 550 CIVIL RIGHTS - Filed by Counsel 893 ENVIRONMENTAL MATTERS
DISCOVERY TRACK 555 PRISON CONDITION(S) - Filed by Counsel 895 FREEDOM OF INFORMATION ACT
310 AIRPLANE 899 ADMINISTRATIVE PROCEDURES ACT /
315 AIRPLANE PRODUCT LIABILITY FORFEITURE/PENALTY - "4" MONTHS DISCOVERY REVIEW OR APPEAL OF AGENCY DECISION
320 ASSAULT, LIBEL & SLANDER TRACK 950 CONSTITUTIONALITY OF STATE STATUTES
330 FEDERAL EMPLOYERS' LIABILITY 625 DRUG RELATED SEIZURE OF PROPERTY
340 MARINE 21 USC 881 OTHER STATUTES - "8" MONTHS DISCOVERY
345 MARINE PRODUCT LIABILITY 690 OTHER TRACK
350 MOTOR VEHICLE 410 ANTITRUST
355 MOTOR VEHICLE PRODUCT LIABILITY LABOR - "4" MONTHS DISCOVERY TRACK 850 SECURITIES / COMMODITIES / EXCHANGE
360 OTHER PERSONAL INJURY 710 FAIR LABOR STANDARDS ACT
362 PERSONAL INJURY - MEDICAL 720 LABOR/MGMT. RELATIONS OTHER STATUTES - 0" MONTHS DISCOVERY
MALPRACTICE 740 RAILWAY LABOR ACT TRACK
365 PERSONAL INJURY - PRODUCT LIABILITY 751 FAMILY and MEDICAL LEAVE ACT 896 ARBITRATION
367 PERSONAL INJURY - HEALTH CARE/ 790 OTHER LABOR LITIGATION (Confirm / Vacate / Order / Modify)
PHARMACEUTICAL PRODUCT LIABILITY 791 EMPL. RET. INC. SECURITY ACT
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY PROPERTY RIGHTS - "4" MONTHS DISCOVERY
TORTS - PERSONAL PROPERTY - "4" MONTHS

TRACK
820 COPYRIGHTS
* PLEASE NOTE DISCOVERY
DISCOVERY TRACK 840 TRADEMARK TRACK FOR EACH CASE TYPE.
370 OTHER FRAUD SEE LOCAL RULE 26.3
371 TRUTH IN LENDING PROPERTY RIGHTS - "8" MONTHS DISCOVERY
380 OTHER PERSONAL PROPERTY DAMAGE TRACK
385 PROPERTY DAMAGE PRODUCT LIABILITY 830 PATENT
835 PATENT-ABBREVIATED NEW DRUG
BANKRUPTCY - "0" MONTHS DISCOVERY TRACK APPLICATIONS (ANDA) - a/k/a
422 APPEAL 28 USC 158 Hatch-Waxman cases
423 WITHDRAWAL 28 USC 157
VII. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $_____________________________
JURY DEMAND YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)
VIII. RELATED/REFILED CASE(S) IF ANY

JUDGE_______________________________ DOCKET NO._______________________
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)
1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):
7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. , WHICH WAS
DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.
/s/ Vincent Bushnell November 9, 2017

SIGNATURE OF ATTORNEY OF RECORD DATE
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Case 1:17-cv-04516-AT Document 1 Filed 11/09/17 Page 1 of 6

UNITED STATES DISTRICT COURT

SBD Apparel Limited,

COMPLAINT FOR DESIGN PATENT INFRINGEMENT

SBD Apparel Limited (SBD or Plaintiff), by and through its

1. SBD is a limited company organized and existing under the laws of

the United Kingdom, and maintains a principal place of business in Rotherham,

2. A7 Fitness Inc. (A7 or Defendant) is a Georgia corporation with

Richmond Rd, Cherokee County, Woodstock, GA 30189.

3. A7 may be served by service upon its registered agent, Jason L. Webb,

3030 Richmond Rd, Cherokee County, Woodstock, GA 30189.

4. A7 regularly conducts its business by way of sales of goods, including

Georgia and within this judicial district.

JURISDICTION AND VENUE

5. This is an action for design patent infringement arising under the

6. Subject-matter jurisdiction over SBDs claims is conferred upon this

Court by 28 U.S.C. 1331 (federal question jurisdiction) and 28 U.S.C. 1338(a)

7. Venue is proper in this judicial district pursuant to 28 U.S.C.

139l(b) and (c) and 1400(b).

INFRINGEMENT OF U.S. PATENT NO. D707,361

issued by the United States Patent and Trademark Office.

sleeves. Other similar products may also be identified as a result of discovery in

this case. Such conduct constitutes, at a minimum, patent infringement under 35

Defendants infringement of the 361 patent has been and continues to be

intentional, willful, and without regard to SBDs rights.

such attention as a purchaser usually gives.

sustained by SBD as a result of the wrongful acts in an amount subject to proof at

'361 patent unless enjoined by this Court.

16. As a consequence of the infringement complained of herein, SBD has

Court from committing further acts of infringement.

17. Defendants patent infringement is continuing and is willful because

rights and in a manner that is objectively reckless.

PRAYER FOR RELIEF

WHEREFORE, SBD prays for entry of judgment that:

(1) Defendant has infringed the '361 patent;

caused by Defendant's patent infringement, including payment of

damages in the amount of no less than a reasonable royalty;

(3) SBD be granted permanent injunctive relief pursuant to 35 U.S.C.

283 enjoining Defendant, its officers, agents, servants, employees

and those persons in active concert of participation with it from

further acts of patent infringement;

(4) SBD be granted pre-judgment and post-judgment interest on the

damages caused to it by reason of Defendant' s patent infringement;

(5) SBD be awarded damages to adequately compensate for

Defendants infringement of the 361 patent pursuant to 35 U.S.C.

(6) Defendant be ordered to pay enhanced or treble damages, costs and

attorneys fees, pursuant to 35 U.S.C. 284 and 285, including

because this is an exceptional case;

Court may deem just and proper under the circumstances.

DEMAND FOR JURY TRIAL

SBD demands trial by jury on all claims and issues so triable.

This 9th day of November, 2017.

_/s/ Vincent Bushnell____________

I. (a) PLAINTIFF(S) DEFENDANT(S)

(b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED

FISHERBROYLES, LLP, VINCENT BUSHNELL

II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES

PLF DEF PLF DEF

1 U.S. GOVERNMENT 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL

2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL

IV. ORIGIN (PLACE AN X IN ONE BOX ONLY)

(IF COMPLEX, CHECK REASON BELOW)

1. Unusually large number of parties. 6. Problems locating or preserving evidence

RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP) ______________________