Really Right Stuff, LLC v. Amazon.com, Inc. et al

Filing 1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4386340 Jury Trial Requested: Yes. Included patents/trademarks: 6,773,172--8/10/2004--Real Right Stuff, LLC, 8,398,037--3/19/2013--Real Right Stuff, LLC, 9,063,397--6/23/2015--Real Right Stuff, LLC. Filed by Real Right Stuff, LLC against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Proposed Summons Amazon.com, Inc., # 6 Proposed Summons B&H Foto, # 7 Proposed Summons Desmond Photographic, # 8 Proposed Summons Simmonds). (Pitchford, Susan)

Case 3:15-cv-02221

Document 1

Filed 11/25/15

Page 1 of 9

Susan D. Pitchford, OSB No. 980911
E-mail: [e-mail]
Kevin L. Russell, OSB 934855
E-mail: [e-mail]
CHERNOFF VILHAUER LLP
601 SW Second Avenue, Suite 1600
Portland, Oregon 97204
Telephone: [phone]
Attorneys for Plaintiff Real Right Stuff, LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

REAL RIGHT STUFF, LLC,
Plaintiff,
v.
AMAZON.COM, INC.; B&H FOTO &
ELECTRONICS CORP.; DESMOND
PHOTOGRAPHIC DISTRIBUTORS, INC.
d/b/a OEC CAMERA ACCESSORIES and
JOHN SIMMONDS,
Defendants.

§
§
§
§
§
§
§
§
§
§
§

Case No. 3:15-cv-2221
COMPLAINT FOR PATENT
INFRINGEMENT

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Real Right Stuff, LLC, (“Real Right Stuff” or “Plaintiff”) brings this action
against defendants Amazon.com, Inc. (“Amazon”), B&H Foto & Electronics Corp. (“B&H”),
Desmond Photographic Distributors, Inc. d/b/a OEC Camera Accessories (“Desmond
Photographic”) and John Simmonds (“Simmonds”) (collectively “Defendants”) and, on
information and belief, alleges as follows:

1 - COMPLAINT FOR PATENT INFRINGMENT

Case 3:15-cv-02221

Document 1

Filed 11/25/15

Page 2 of 9

THE PARTIES
1.

Plaintiff Real Right Stuff is a limited liability company organized and existing

under the laws of California, with its principal place of business 1146 Farmhouse Lane, San Luis
Obispo, California 93401.
2.

Plaintiff Real Right Stuff owns, through assignment, the inventions described and

claimed in United States Patent Nos. 6,773,172 entitled “QUICK-RELEASE CLAMP FOR
PHOTOGRAPHIC EQUIPMENT” (the “‘172 Patent”), 8,398,037 entitled “EQUIPMENT
SUPPORT” (the “‘037 Patent”), and 9,063,397 entitled “PANORAMIC CAMERA MOUNT”
(the “’397 Patent) (Collectively “Patents at Issue”).
3.

Upon information and belief, Defendant Amazon is a corporation organized and

existing under the laws of Delaware, with its principal place of business located at 410 Terry
Avenue North, Seattle, WA 98109-5210.
4.

Upon information and belief, Defendant B&H is a corporation organized and

existing under the laws of New York, with its principal place of business located at 420 9th
Avenue, New York, NY 10001.
5.

Upon information and belief, Desmond Photographic is a corporation organized

and existing under the laws of Oregon, with its principal place of business located at 14147 SE
Alta Vista Drive, Happy Valley, OR 97086.
6.

Upon information and belief, defendant Simmonds is an individual and resident of

Happy Valley, Oregon.
7.

Upon information and belief, Defendant Simmonds and/or Defendant Desmond

Photographic distribute the products referenced below to Defendant B&H and Defendant
Amazon and also distribute such products directly.

2 - COMPLAINT FOR PATENT INFRINGMENT

Case 3:15-cv-02221

Document 1

Filed 11/25/15

Page 3 of 9

JURISDICTION AND VENUE
8.

This is an action for patent infringement arising under the provisions of the Patent

Laws of the United States of America, Title 35, United States Code.
9.

Subject-matter jurisdiction over Plaintiff’s claims is conferred upon this Court by

28 U.S.C. §§ 1331 and 1338(a).
10.

On Information and belief, each defendant has solicited business in the State of

Oregon, transacted business within the State of Oregon and attempted to derive financial benefit
from residents of the State of Oregon, including benefits directly related to the instant patent
infringement cause of action set forth herein.
11.

Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b), (c), and (d)

and 1400(b).

THE PATENTS
12.

The United States Patent and Trademark Office issued the ‘172 Patent (attached

as exhibit A) on August 10, 2004. Through assignment, Plaintiff is the owner of all right, title,
and interest in the Patent, including all rights to pursue and collect damages for past infringement
of the Patent.
13.

The United States Patent and Trademark Office issued the ‘037 Patent (attached

as exhibit B) on March 19, 2013. Through assignment, Plaintiff is the owner of all right, title,
and interest in the Patent, including all rights to pursue and collect damages for past infringement
of the Patent.
14.

The United States Patent and Trademark Office issued the ‘397 Patent (attached

as exhibit C) on June 23, 2015. Through assignment, Plaintiff is the owner of all right, title, and

3 - COMPLAINT FOR PATENT INFRINGMENT

Case 3:15-cv-02221

Document 1

Filed 11/25/15

Page 4 of 9

interest in the Patent, including all rights to pursue and collect damages for past infringement of
the Patent.
CLAIM FOR PATENT INFRINGEMENT
(Infringement of the ‘172 patent)
15.

Plaintiff incorporates by reference each of the allegations in paragraphs 1 – 14

above and further alleges as follows:
16.

The United States Patent and Trademark Office issued the ‘172 patent on August

10, 2004. Through assignment, Plaintiff is the owner of the ‘172 Patent with full rights to pursue
recovery of royalties or damages for infringement of said patent, including full rights to recover
past and future damages.
17.

The ‘172 Patent is presumed valid.

18.

Upon information and belief, the defendants, directly or through intermediaries,

infringed one or more claims of the ‘172 patent, by or through making, having made, using,
importing, providing, supplying, distributing, selling, and/or offering for sale quick-release
clamps for photographic equipment, including but not limited to such clamps identified as
SUNWAYFOTO DLC-42, SUNWAYFOTO DLC-50, SUNWAYFOTO DLC-60,
SUNWAYFOTO DLC-60L, and/or SUNWAYFOTO DLC-60XL, and are not a staple article or
commodity of commerce suitable for substantial non-infringing use, and are especially made or
especially adapted for use in an infringement.
19.

Defendants are each liable for infringement of the ‘172 patent pursuant to 35

U.S.C. § 271.
20.

Defendants were previously notified of and/or had knowledge of the ‘172 patent.

Despite such notification and/or knowledge, those defendants have continued their infringement

4 - COMPLAINT FOR PATENT INFRINGMENT

Case 3:15-cv-02221

Document 1

Filed 11/25/15

Page 5 of 9

of the ‘172 patent. On information and belief those defendants’ infringement of the ‘172 patent
have therefore been with notice and knowledge of the patent and has been willful and deliberate.
21.

Plaintiff has been damaged by Defendants’ infringements of the ‘172 patent and

will suffer additional irreparable damage and impairment of the value of its patent rights unless
Defendants are enjoined from continuing to infringe the ‘172 patent.
22.

Plaintiff is entitled to recover damages from the Defendants to compensate for the

infringement.

CLAIM FOR PATENT INFRINGEMENT
(Infringement of the ‘037 patent)
23.

Plaintiff incorporates by reference each of the allegations in paragraphs 1 – 22

above and further alleges as follows:
24.

The United States Patent and Trademark Office issued the ‘037 patent on March

19, 2013. Through assignment, Plaintiff is the owner of the ‘037 Patent with full rights to pursue
recovery of royalties or damages for infringement of said patent, including full rights to recover
past and future damages.
25.

The ‘037 Patent is presumed valid.

26.

Upon information and belief, the defendants, directly or through intermediaries,

infringed one or more claims of the ‘037 patent, by or through making, having made, using,
importing, providing, supplying, distributing, selling, and/or offering for sale tripods such as
those identified as SIRUI R-4213X, SIRUI R-4214X, SIRUI R-5214X, and/or SIRUI R-5214X,
and are not a staple article or commodity of commerce suitable for substantial non-infringing
use, and are especially made or especially adapted for use in an infringement.

5 - COMPLAINT FOR PATENT INFRINGMENT

Case 3:15-cv-02221

27.

Document 1

Filed 11/25/15

Page 6 of 9

Defendants are each liable for infringement of the ‘037 patent pursuant to 35

U.S.C. § 271.
28.

Defendants Amazon and B&H were previously notified of and/or had knowledge

of the ‘037 patent. Despite such notification and/or knowledge, those defendants have continued
their infringement of the ‘037 patent. On information and belief those defendants’ infringement
of the ‘037 patent have therefore been with notice and knowledge of the patent and has been
willful and deliberate.
29.

Despond Photographic and Simmonds has had knowledge of the ‘037 patent at

least from the time of the complaint and have continued their infringement of the ‘037 patent.
30.

Plaintiff has been damaged by Defendants’ infringements of the ‘037 patent and

will suffer additional irreparable damage and impairment of the value of its patent rights unless
Defendants are enjoined from continuing to infringe the ‘037 patent.
31.

Plaintiff is entitled to recover damages from the Defendants to compensate for the

infringement.

CLAIM FOR PATENT INFRINGEMENT
(Infringement of the ‘397 patent)
32.

Plaintiff incorporates by reference each of the allegations in paragraphs 1 – 31

above and further alleges as follows:
33.

The United States Patent and Trademark Office issued the ‘397 patent on June 23,

2015. Through assignment, Plaintiff is the owner of the ‘397 Patent with full rights to pursue
recovery of royalties or damages for infringement of said patent, including full rights to recover
past and future damages.
34.

The ‘397 Patent is presumed valid.

6 - COMPLAINT FOR PATENT INFRINGMENT

Case 3:15-cv-02221

35.

Document 1

Filed 11/25/15

Page 7 of 9

Upon information and belief, the defendants, directly or through intermediaries,

infringed one or more claims of the ‘397 patent, by or through making, having made, using,
importing, providing, supplying, distributing, selling, and/or offering for sale camera mounts
including those identified as SUNWAYFOTO DDH-02, SUNWAYFOTO DDH-02i,
SUNWAYFOTO DDH-03i , SUNWAYFOTO DDH-03Ni , SUNWAYFOTO DDH-04,
SUNWAYFOTO DDH-04N, SUNWAYFOTO DDH-05, SUNWAYFOTO DDH-05N,
SUNWAYFOTO DDH-06, SUNWAYFOTO IRC-64, and/or Desmond Panning Claim PC-2,
and are not a staple article or commodity of commerce suitable for substantial non-infringing
use, and are especially made or especially adapted for use in an infringement.
36.

Defendants are each liable for infringement of the ‘397 patent pursuant to 35

U.S.C. § 271.
37.

Defendants were previously notified of and/or had knowledge of the ‘397 patent.

Despite such notification and/or knowledge, those defendants have continued their infringement
of the ‘397 patent. On information and belief those defendants’ infringement of the ‘397 patent
have therefore been with notice and knowledge of the patent and has been willful and deliberate.
38.

Plaintiff has been damaged by Defendants’ infringements of the ‘397 patent and

will suffer additional irreparable damage and impairment of the value of its patent rights unless
Defendants are enjoined from continuing to infringe the ‘397 patent.
39.

Plaintiff is entitled to recover damages from the Defendants to compensate for the

infringement.

7 - COMPLAINT FOR PATENT INFRINGMENT

Case 3:15-cv-02221

Document 1

Filed 11/25/15

Page 8 of 9

PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment as follows:
A.

Each defendant has infringed, contributed to infringement of, and/or induced

infringement of the Patents at Issue;
B.

One or more defendants’ infringement, contributory infringement, and/or induced

infringement of the Patents at Issue have been willful and deliberate;
C.

Each defendant account for and pay to Plaintiff all damages caused by its

infringement of the Patents at Issue in accordance with 35 U.S.C. §284;
D.

The Court increase the amount of damages as a result of one or more of the

defendants’ infringement, contributory infringement, and/or induced infringement of the Patents
at issue to three times the amount found or assessed by the Court because of the willful and
deliberate nature of the infringement, all in accordance with 35 U.S.C. §284;
E.

Plaintiff be granted permanent injunctive relief pursuant to 35 U.S.C. § 283

enjoining each defendant, its officers, agents, servants, employees and those person in active
concert or participation with them form further acts of patent infringement;
F.

Plaintiff be granted pre-judgment and post-judgment interest on the damages

cause to them by reason of each defendants’ patent infringement complaint of herein;
G.

The Court declare this an exceptional case and the Plaintiff be granted its

reasonable attorneys’ fees in accordance with 35 U.S.C. §285;
H.

Costs be awarded to plaintiff;

I.

For such other relief as justice requires.

8 - COMPLAINT FOR PATENT INFRINGMENT

Case 3:15-cv-02221

Document 1

Filed 11/25/15

Page 9 of 9

DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury on all claims and issues so triable.

Respectfully submitted,

Dated: November 25, 2015
By:

9 - COMPLAINT FOR PATENT INFRINGMENT

/s/ Susan D. Pitchford
Susan D. Pitchford, OSB 98091
Kevin L. Russell, OSB 934855
CHERNOFF VILHAUER LLP
601 SW Second Avenue
Suite 1600
Portland, OR 97204
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]