UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK LEKI LENHART GMBH, and LEKI USA, INC.

Plaintiffs, DICKS SPORTING GOODS, INC., AMERICAN SPORTS LICENSING, INC., and SYNERGY SPORTZ LLC (D/B/A YUKON CHARLIES) Defendants.

Civil Action No.

JURY TRIAL DEMANDED

COMPLAINT AND JURY DEMAND

1. This action arises under the patent laws of the United States, Title 35 of the United States Code, and relates to U.S. Patent No. 7,726,898. The Parties

2.

Plaintiff' Leki Lenhart GmbH is a german corporation with its principal place of

business at Karl-Arnold-Str. 30 73230 Kirchheim, Germany. Plaintiff Leki USA, Inc. is a New York corporation with a principle place of business at 458 Sonwill, Dr., Buffalo, New York. (Plaintiffs are hereinafter collectively referred to as Leki). 3. Defendants Dicks Sporting Goods, Inc., and American Sports Licensing, Inc.,

(hereinafter collectively referred to as DSG) are Delaware corporations having their principle place of business at 345 Court Street, Coraopolis, PA 15108. Among other things, DSG sells trekking poles, including in this District and elsewhere in the United States. 4. Defendant Synergy Sportz LLC (d/b/a Yukon Charlies) is a Massachusetts

company having a principle place of business at 11 Jonathan Bourne Drive, Pocasset, MA 02559 (hereinafter referred to as Synergy). Among other things, Synergy sells trekking poles to DSG in this District and elsewhere in the United States.

Jurisdiction and Venue

5. 6.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1338 (a). The personal jurisdiction of this Court over Defendants is proper because

Defendants commit acts of infringement in violation of 35 U.S.C. 271 and place infringing products into the stream of commerce, via an established distribution channel, with the knowledge and/or understanding that such products are sold in the State of New York, including in this District. These acts cause injury to Leki within the District. Upon information and belief, Defendants derive substantial revenue from the sale of infringing products distributed within the District, and/or expect or should reasonably expect their actions to have consequences within the District and derive substantial revenue from interstate and international commerce. In addition, Defendants have, and continue to, knowingly induce infringement within this State and within this District by contracting with others to market and sell infringing products with the knowledge and intent to facilitate infringing sales of the products by others within this District, by creating and/or disseminating advertisements for the products with like knowledge and intent, and by warranting the products sold by others within the District. 7. Venue is proper in this District under 28 U.S.C. 1391 (b), (c) and 1400 (b).

First Claim for Relief (Patent Infringement)

8.

Leki Lenhart GmbH is the exclusive licensee with all substantial rights in U.S.

Patent No. 7,726,898 (the 898 patent), entitled Adjustable-Length Tube, in Particular for Poles, a true copy of which is attached hereto as Exhibit A. The '898 patent was duly and legally issued on June 1, 2010. 9. DSG has infringed and continues to infringe the '898 patent, by using, selling and/or

offering to sell, within the United States, and/or by importing into the United States, products, including, but not limited to, the Koppen trekking pole and the Synergy's Yukon Charlie's trekking

poles, both of which embody and/or practice at least claim 1 of the '898 patent in violation of 35 U.S.C. 271. 10. The '898 patent is directed to, among other things, a radially spreadable element that

can be radially pressed apart to tighten a connection between sections of an adjustable-length pole, as shown in Figure 1 from the '898 patent below.

11.

Photos of the Koppen trekking pole and connection mechanism are shown below:

12.

The Koppen trekking poles include at least one radially spreadable element that can

tighten a connection between sections of the adjustable-length pole.

13. below:

Photos of Yukon Charlie's trekking poles and connection mechanisms are shown

14.

The Yukon Charlie's trekking poles include at least one radially spreadable element

that can tighten a connection between sections of the adjustable-length pole. 15. DSG has induced, and continues to induce, others to infringe the '898 patent in

violation of 35 U.S.C 271, by taking active steps to encourage and facilitate others direct infringement of the '898 patent with knowledge of that infringement, such as, upon information and belief, by offering to sell and selling the infringing poles, and by marketing the infringing poles in the United States, in this State and in this District. 16. Leki has put DSG on notice of the '898 patent and DSGs infringement thereof at

least as early as July 19, 2012. 17. As a result of DSGs infringement, Leki has suffered, and will continue to suffer

substantial damages. Leki will also suffer irreparable harm unless DSGs infringement is enjoined by this Court.

18.

Synergy has infringed and continues to infringe the '898 patent, by using, selling

and/or offering to sell, within the United States, and/or by importing into the United States, products, including, but not limited to, Yukon Charlie's trekking poles such as the Pro-Trekking and ICPoles that embody and/or practice at least claim 1 of the '898 patent in violation of 35 U.S.C. 271. 19. Synergy has induced, and continues to induce, others to infringe the '898 patent in

violation of 35 U.S.C 271, by taking active steps to encourage and facilitate others direct infringement of the '898 patent with knowledge of that infringement, such as, upon information and belief, by contracting for the distribution of the infringing poles for infringing sale such as by retail sales outlets including DSG, by marketing the infringing poles, by creating and/or distributing advertisements and literature for the infringing poles, by including an instructional and promotional video on its website and by supplying warranty coverage for the infringing poles sold in the United States, this State, and this District. In particular, Synergy has imported and sold infringing Yukon Charlie's trekking poles to DSG. Synergy also maintains an instructional video on its website that shows the structure of the infringing poles, and instructs and encourages customers to buy and use the infringing poles. 20. Leki has put Synergy on notice of the '898 patent and Synergy's infringement

thereof at least as early as June 22, 2011. 21. As a result of Synergy's infringement, Leki has suffered, and will continue to suffer,

substantial damages. Leki will also suffer irreparable harm unless Synergy's infringement is enjoined by this Court. Second Claim for Relief (Breach of Contract)

22. 1-21.

Leki hereby re-alleges and incorporates by reference the allegations of paragraphs

23.

On February 27, 2012, Synergy entered into a confidential Settlement Agreement

with Leki, a true and correct copy of which is attached as Exhibit B (filed under seal). 24. Synergy has materially breached the Settlement Agreement at least by advertising

and offering to sell infringing poles including the Yukon Charlie's Pro-Trekker and/or ICPOLE models, and by selling and supplying inventory of infringing poles to DSG. Synergys activities constitute a material breach of at least Article I of the Settlement Agreement. As a result of Synergy's breach, Leki has suffered, and will continue to suffer, substantial damages at least in that Leki has suffered lost sales and profits due to the sales of Synergy poles, and Leki has had to engage an attorney to stop Synergys continued breach. Leki will also suffer irreparable harm unless Synergy's continued breach is enjoined by this Court.

WHEREFORE, Leki requests that the Court: 1. Adjudge that Defendants have infringed and continue to infringe the asserted

claims of the '898 patent; 2. 3. Adjudge that Synergy has breached the Settlement Agreement (Exhibit B); Preliminarily and permanently enjoin Defendants from further breach and further

infringement of the '898; 4. Award Leki compensatory damages; Award Leki enhanced damages of treble its actual damages for willful

5. infringement; 6. Award Leki its costs and reasonable experts fees and attorneys fees; and Award Leki such other relief as the Court deems just and proper.

7.

PLAINTIFF CLAIMS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE.

Dated: January 30, 2013 HODGSON RUSS LLP By: s/ Melissa N. Subjeck Robert J. Fluskey , Jr. Melissa N. Subjeck The Guaranty Building 140 Pearl Street, Suite 100 Buffalo, New York 14202 Telephone: (716)856-4000 Facsimile: (716)849-0349 Email: rfluskey@hodgsonruss.com Email: msubjeck@hodgsonruss.com John F. Rabena (Seeking Admission Pro Hac Vice) Eric S. Barr (Seeking Admission Pro Hac Vice) SUGHRUE MION, PLLC 2100 Pennsylvania Ave, NW Suite 800 Washington, DC 20037 Tel: (202)293-7060 Fax: (202)293-7860 Email: jrabena@sughrue.com

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