UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) )

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1 Case 2:15-cv R-SS Document 10 Filed 08/19/15 Page 1 of 27 Page ID #: EVAN FINKEL (SBN ) evan.finkel@pillsburylaw.com JAMES CHANG (SBN ) james.chang@pillsburylaw.com PILLSBURY WINTHROP SHAW PITTMAN LLP 725 South Figueroa Street, Suite 2800 Los Angeles, CA Telephone: (213) Facsimile: (213) Attorneys for Plaintiff Globeride, Inc. GLOBERIDE, INC. vs. PURE FISHING, INC., UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff, Defendant WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) Case No. 15-CV-3000-R-SS FIRST AMENDED COMPLAINT DEMAND FOR JURY TRIAL Judge: Hon. Manuel L. Real CrtRm: v1-1 - FIRST AMENDED COMPLAINT Case No. 15-CV-3000-R-SS

2 Case 2:15-cv R-SS Document 10 Filed 08/19/15 Page 2 of 27 Page ID #: Plaintiff Globeride, Inc. ( Globeride ), by and through its counsel of record, hereby respectfully submits its Complaint for patent infringement by Defendant Pure Fishing, Inc. ( Pure Fishing ), as follows: THE PARTIES 1. Globeride is a corporation organized and existing under the laws of Japan. Globeride has a principal place of business in Tokyo, Japan. 2. On information and belief, Pure Fishing is a corporation organized and existing under the laws of the state of Iowa. Pure Fishing has a principal place of business at 7 Science Court, Columbia, SC Pure Fishing is a global provider of fishing tackle, lures, rods, and reels, and has a portfolio of brands through which it offers its products. Pure Fishing s brands include, but are not limited to: Abu Garcia, All Star, Berkley, Chub, Fenwick, Greys, Hardy, Hodgman, Johnson, JRC, Mitchell, PENN, Pflueger, Sebile, Shakespeare, Spiderwire, and Stren. NATURE OF ACTION 3. This is a civil action for infringement of U.S. Patent No. 5,921,489, under the Patent Laws of the United States, 35 U.S.C. 1, et seq. JURISDICTION AND VENUE 4. This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C and 1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. 1, et seq. 5. This Court has personal jurisdiction over Pure Fishing. Pure Fishing has committed, aided, abetted, contributed to, and/or participated in the commission of patent infringement in violation of 35 U.S.C. 271 in this judicial district and elsewhere that led to foreseeable harm and injury to Globeride. This Court also has personal jurisdiction over Pure Fishing because Pure Fishing has offered for sale and/or sold its infringing products to v1-2 - FIRST AMENDED COMPLAINT Case No. 15-CV-3000-R-SS

3 Case 2:15-cv R-SS Document 10 Filed 08/19/15 Page 3 of 27 Page ID #: customers in this judicial district, Pure Fishing regularly conducts and solicits business in this judicial district, and Pure Fishing has purposefully established substantial, continuous, and systematic contacts with this district. Pure Fishing has established minimum contacts within the forum such that the exercise of jurisdiction over Pure Fishing will not offend traditional notions of fair play and substantial justice. For example, Pure Fishing has placed products that embody the claimed inventions of the patent-in-suit into the stream of commerce with the reasonable expectation and/or knowledge that purchasers and users of such products were located within this district. In addition, Pure Fishing has sold, advertised, marketed, and distributed products in this district that practice the claimed inventions of the patent-in-suit. Pure Fishing derives substantial revenue from the sale of infringing products distributed within this district, expects or should reasonably expect its actions to have consequences within this district, and derives substantial revenue from interstate and international commerce. 6. Venue in this district is proper under 28 U.S.C. 1391(b) and (c), and 1400 because Pure Fishing is subject to personal jurisdiction in this district and has committed acts of infringement in this district. PATENT-IN-SUIT 7. United States Patent No. 5,921,489 ( the 489 Patent ), entitled, Oscillate Mechanism for a Fishing Spinning Reel, was duly and legally issued by the United States Patent and Trademark Office on July 13, Globeride is the sole owner of all right, title and interest in and to the 489 Patent, at all applicable times. A copy of the 489 Patent is attached as Exhibit A and is incorporated herein by reference v1-3 - FIRST AMENDED COMPLAINT Case No. 15-CV-3000-R-SS

4 Case 2:15-cv R-SS Document 10 Filed 08/19/15 Page 4 of 27 Page ID #: BACKGROUND 8. In a November 19, 2010 letter, from Daiwa Seiko, Inc. (now known as Globeride, Inc.), to Pure Fishing Japan Co., Ltd., Daiwa Seiko, Inc. informed Pure Fishing Japan Co., Ltd. that its Revo NEOS series of spinning reel products fall within the scope of Japanese Patent , to which the 489 Patent claims priority. 9. In a December 20, 2012 letter, from John Demarco, former counsel for Globeride, to Pure Fishing, Globeride informed Pure Fishing that at least some of Pure Fishing s fishing reel products, including, ABU Garcia Revo Premier, ABU Garcia Revo Inshore, ABU Garcia Cardinal SX, and PENN Conquer, infringe the 489 Patent. 10. In a January 14, 2013 response letter, from Paul Sykes, counsel for Pure Fishing, to John Demarco, Pure Fishing advised that it had received Globeride s December 20, 2012 letter. 11. In a February 15, 2013 response letter, from Paul Sykes to John Demarco, Pure Fishing admitted actual knowledge of Globeride s assertion that Pure Fishing s fishing reels infringe the 489 Patent. 12. Pure Fishing continued to make, use, sell, offer to sell, and/or import fishing reels that infringe the 489 Patent, including but not limited to ABU Garcia Revo Premier, ABU Garcia Revo Inshore, ABU Garcia Cardinal SX, and PENN Conquer, after Globeride placed it on notice of infringement of the 489 Patent. COUNT I Infringement of U.S. Patent No. 5,921, Globeride incorporates and realleges the allegations in Paragraphs 1-12 above as if set forth fully herein. 14. The 489 Patent is valid and enforceable v1-4 - FIRST AMENDED COMPLAINT Case No. 15-CV-3000-R-SS

5 Case 2:15-cv R-SS Document 10 Filed 08/19/15 Page 5 of 27 Page ID #: In violation of 35 U.S.C. 271(a), Pure Fishing has, and continues to, directly infringe the 489 Patent by making, using, selling, offering to sell, and/or importing fishing reels that embody the claims of the 489 Patent, including, without limitation, at least one model in the: PENN BATTLE series, PENN BATTLE II series, PENN CONFLICT series, PENN CONQUER series, PENN FIERCE series, PENN PURSUIT II series, PENN SPINFISHER V series, PENN TORQUE series, PFLUEGER ARBOR series, PFLUEGER PATRIARCH series, PFLUEGER PRESIDENT series, PFLUEGER PURIST series, PFLUEGER SUPREME MG series, PFLUEGER SUPREME XT series, PFLUEGER TRION series, SHAKESPEARE ALPHA series, SHAKESPEARE CONTENDER series, SHAKESPEARE CRUSADER series, MITCHELL 300 series, MITCHELL AVOCET RZ series, MITCHELL AVOCET RZT series, ABU GARCIA CARDINAL S series, ABU GARCIA CARDINAL SX series, ABU GARCIA ORRA S series, ABU GARCIA ORRA SX series, ABU GARCIA REVO INSHORE series, and ABU GARCIA REVO PREMIER series. 16. Pure Fishing s infringement has been and is willful and with full knowledge of the 489 Patent. Pure Fishing has known of the 489 Patent since at least Globeride s December 20, 2012 letter regarding infringement of the 489 Patent. Since Pure Fishing received Globeride s letters, Pure Fishing has continued to make, use, sell, offer to sell, and/or import fishing reels, including but not limited to ABU Garcia Revo Premier, ABU Garcia Revo Inshore, ABU Garcia Cardinal SX, and PENN Conquer, despite an objectively high likelihood that their actions constituted infringement. 17. Globeride has been and will continue to be irreparably harmed by Pure Fishing s infringement, for which there is no adequate remedy at law, unless and until enjoined by the Court v1-5 - FIRST AMENDED COMPLAINT Case No. 15-CV-3000-R-SS

6 Case 2:15-cv R-SS Document 10 Filed 08/19/15 Page 6 of 27 Page ID #: As a result of Pure Fishing s infringement, Globeride has been damaged, and Globeride is entitled to recover damages it has sustained as a result of Pure Fishing s wrongful acts, including lost profits, in an amount to be proven at trial. PRAYER FOR RELIEF WHEREFORE, as Judgment against Pure Fishing, Globeride respectfully requests that the Court: (1) Enter judgment that Pure Fishing has infringed the 489 Patent, and that such infringement was and is willful; (2) Grant preliminary and permanent injunctive relief against Pure Fishing, its officers, agents, servants, employees, and those persons in active concert or participation with them, from further infringement of the 489 Patent; (3) Award Globeride damages, together with pre-judgment and postjudgment interest and costs, and increase the award of damages up to three times pursuant to 35 U.S.C. 284; (4) Declare this to be an exceptional case under 35 U.S.C. 285 and award Globeride its attorneys fees; (5) Award Globeride its costs in this action; and (6) Award Globeride such other and further relief as the Court deems just and proper. Dated: August 19, PILLSBURY WINTHROP SHAW PITTMAN LLP EVAN FINKEL JAMES CHANG By /s/ Evan Finkel Evan Finkel Attorneys for Plaintiff Globeride, Inc v1-6 - FIRST AMENDED COMPLAINT Case No. 15-CV-3000-R-SS

7 Case 2:15-cv R-SS Document 10 Filed 08/19/15 Page 7 of 27 Page ID #: DEMAND FOR JURY TRIAL Plaintiff Globeride, Inc., hereby respectfully demands a trial by jury. Dated: August 19, PILLSBURY WINTHROP SHAW PITTMAN LLP EVAN FINKEL JAMES CHANG By /s/ Evan Finkel Evan Finkel Attorneys for Plaintiff Globeride, Inc v1-7 - FIRST AMENDED COMPLAINT Case No. 15-CV-3000-R-SS

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