Cycle Dog LLC V Motivation Design - Complaint
Cycle Dog LLC V Motivation Design - Complaint
Cycle Dog LLC V Motivation Design - Complaint
Cycle Dog, LLC (Cycle Dog) is an Oregon limited liability company with a
principal place of business 2215 NW Quimby St., Suite 1, Portland, Oregon 97210.
2.
Delaware limited liability company with a principal place of business at 2D Fanaras Drive,
Salisbury, Massachusetts 01952.
This Court has jurisdiction over the subject matter under the provisions of 28
U.S.C. 1338(a).
4.
COUNT I
Infringement of U.S. Patent No. 8,869,654
5.
Cycle Dog is the owner of the entire right, title and interest, in and to U.S. Patent
8,869,654 (the 654 Patent) a copy of which is attached hereto, made a part hereof, and
marked Exhibit A.
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6.
Upon information and belief Kurgo has made, imported, used, offered to sell, sold
and may now or in the future make, use and/or sell, in the United States and in Pennsylvania, an
invention described and claimed by the '654 Patent, with the manufacture and sale of at least its
Muck Collar, Baxter Pack, SurfnTurf Life Jacket, North Country Coat and Double Dog Leash
Extender products.
7.
infringement of Cycle Dogs '654 Patent pursuant to the provisions of 35 U.S.C. 1, et seq.
8.
Kurgo has infringed said Patent by, inter alia, making, importing, using, offering
to sell and selling in the United States the invention described and claimed in the '654 Patent
without the authority or approval of Cycle Dog.
9.
Upon information and belief, the infringing activities of Kurgo have been
Upon information and belief, Kurgo will continue to infringe the '654 Patent to
Cycle Dogs irreparable injury and other damage unless enjoined by the Court. Cycle Dog has
no adequate remedy at law.
COUNT II
Infringement of U.S. Patent No. D702,003
12.
Cycle Dog is the owner of the entire right, title and interest, in and to U.S. Patent
D702,003 (the 003 Patent) a copy of which is attached hereto, made a part hereof, and
marked Exhibit B.
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13.
Upon information and belief Kurgo has made, imported, used, offered to sell, sold
and may now or in the future make, use and/or sell, in the United States and in Pennsylvania, an
invention described and claimed by the '003 Patent, with the manufacture and sale of at least its
Muck Collar product.
14.
infringement of Cycle Dogs '003 Patent pursuant to the provisions of 35 U.S.C. 1, et seq.
15.
Kurgo has infringed said Patent by, inter alia, making, importing, using, offering
to sell and selling in the United States the invention described and claimed in the '003 Patent
without the authority or approval of Cycle Dog.
16.
Upon information and belief, the infringing activities of Kurgo have been
Upon information and belief, Kurgo will continue to infringe the '003 Patent to
Cycle Dogs irreparable injury and other damage unless enjoined by the Court. Cycle Dog has
no adequate remedy at law.
Prayer for Relief
Wherefore, Cycle Dog demands the following relief with respect to U.S. Patent No.
8,869,654.
a.
This Court enter a judgment that Kurgo, has infringed U.S. Patent No.
8,869,654;
b.
This Court enter a judgment that Kurgo, has infringed U.S. Patent No.
D702,003;
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c.
That Kurgo, their successors, privies and all through or under them and all
those acting for them or on their behalf, be preliminarily and thereafter
permanently enjoined from infringing U.S. Patent No. 8,869,654;
d.
That Kurgo, their successors, privies and all through or under them and all
those acting for them or on their behalf, be preliminarily and thereafter
permanently enjoined from infringing U.S. Patent No. D702,003;
e.
That Kurgo be required to account to Cycle Dog for all damages suffered
by Cycle Dog resulting from the infringement of U.S. Patent No.
8,869,654, and that the recovered damages be trebled because of the
That Kurgo be required to account to Cycle Dog for all damages suffered
by Cycle Dog resulting from the infringement of U.S. Patent No.
D702,003, and that the recovered damages be trebled because of the willful
That Cycle Dog be granted such other and further relief which this Court
may seem just and proper, together with the costs and disbursements of
this action, including attorneys fees.
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Respectfully submitted,
BARLEY SNYDER
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