1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 information and belief as to the following allegations: 20 21 22 23 24 25 26 COMPLAINT FOR PATENT INFRINGEMENT - 1 BADGLEY ~ MULLINS

LAW GROUP

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

AQUA LUNG AMERICA, INC., a California Corporation, Plaintiff, v. WATERMARK SCUBA, INC., d/b/a SEASOFT SCUBA, a Washington Corporation, Defendants.

CASE No.: COMPLAINT FOR PATENT INFRINGEMENT

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

PARTIES 1. Aqua Lung is a California corporation with its principal place of business in

Vista, 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.

Columbia Center 701 Fifth Avenue, Suite 4750 Seattle, Washington 98104
Telephone (206) 621-6566 Fax (206) 621-9686

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2.

Seasoft is a Washington corporation with its principal place of business in

Auburn, 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. This

Court 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 and

purposefully availed itself of the privilege of conducting business in this district, for example, by 9 10 11 12 13 14 15 16 FACTUAL BACKGROUND 17 18 19 20 21 22 23 24 25 26 COMPLAINT FOR PATENT INFRINGEMENT - 2 BADGLEY ~ MULLINS
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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 does

business, infringes, and continues to infringe the 959 Patent within this district.

6.

On July 27, 1999, after a thorough examination, the U.S. Patent and Trademark

Office 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. 8. Since it issued, the 959 Patent has been in full force and effect. 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.

Columbia Center 701 Fifth Avenue, Suite 4750 Seattle, Washington 98104
Telephone (206) 621-6566 Fax (206) 621-9686

1 2 3 4 5 6 7 8 11. 9 10 11 12 13 14 15 16 9. 10.

COUNT 1 Seasofts Infringement of the 959 Patent Aqua Lung incorporates by reference the allegations in paragraphs 1-8 above. 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. Additionally, Seasoft has induced others to infringe the 959 Patent or have

committed acts of contributory infringement of the 959 Patent. 12. 13. 14. Aqua Lung has not licensed Seasoft to engage in any of these activities. Seasoft will continue to infringe the 959 Patent unless enjoined by this Court. 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 Seasoft

to prevent its continued infringement under 35 U.S.C. 283. 17 18 19 20 21 22 23 24 25 26 COMPLAINT FOR PATENT INFRINGEMENT - 3 BADGLEY ~ MULLINS
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16.

As a result of Seasofts infringement of the 959 Patent, Aqua Lung has been

damaged, 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 deliberate

and 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.

Columbia Center 701 Fifth Avenue, Suite 4750 Seattle, Washington 98104
Telephone (206) 621-6566 Fax (206) 621-9686

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JURY DEMAND 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;

9 10 11 12 13 14 15 16 other related expenses incurred while litigating this action; 17 18 19 20 21 22 // 23 // 24 // 25 // 26 COMPLAINT FOR PATENT INFRINGEMENT - 4 BADGLEY ~ MULLINS
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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

f. A judgment and order requiring Seasoft to pay Aqua Lungs pre-judgment interest under 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.

Columbia Center 701 Fifth Avenue, Suite 4750 Seattle, Washington 98104
Telephone (206) 621-6566 Fax (206) 621-9686

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DATED this 10th day of January, 2012.

s/ Duncan C. Turner Duncan C. Turner, WSBA No. 20597 BADGLEY~MULLINS LAW GROUP 4750 Columbia Center 701 Fifth Avenue Seattle, Washington, 98104 Telephone: (206) 621-6566 Facsimile: (206) 621-9686 Email: duncanturner@badgleymullins.com

s/ Allyssa J. Hale Allyssa J. Hale, WSBA No. 38429 BADGLEY~MULLINS LAW GROUP 4750 Columbia Center 701 Fifth Avenue Seattle, Washington, 98104 Telephone: (206) 621-6566 Facsimile: (206) 621-9686 Email: ahale@badgleymullins.com

COMPLAINT FOR PATENT INFRINGEMENT - 5

BADGLEY ~ MULLINS
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Columbia Center 701 Fifth Avenue, Suite 4750 Seattle, Washington 98104
Telephone (206) 621-6566 Fax (206) 621-9686

EXHIBIT A