Case 3:16-cv-04062-VC Document 1 Filed 07/20/16 Page 1 of 5

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PETER J. TORMEY, California SBN 269869

Email: PT@AnTLegal.com
AARON M. DAVIS, California SBN 186051
Email: Aaron@AnTLegal.com
ANTERO & TORMEY
101 Gregory Lane #46
Pleasant Hill, CA 94523
Telephone: (925) 352-9842

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Attorneys for Plaintiff PRO-TROLL

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PRO-TROLL, a California Corporation,
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Plaintiff,
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vs.
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SHORTBUS FLASHERS, LLC, an Oregon

Corporation,
Defendant.

CASE NO.:

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COMPLAINT FOR PATENT

INFRINGEMENT AND TORTIOUS
INTERFERENCE WITH
PROSPECTIVE ECONOMIC
RELATIONSHIPS
JURY TRIAL DEMANDED

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Plaintiff PRO-TROLL, by and through its attorneys, alleges as follows:

THE PARTIES

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1.

Plaintiff PRO-TROLL (Plaintiff), is a corporation organized and existing under

the laws of the State of California, having its principal place of business in the City of Lafayette,
County of Contra Costa, State of California. Plaintiff does business in the Northern District of
California.
2.

Upon information and belief, defendant SHORTBUS FLASHERS, LLC

(Defendant) is a limited liability company organized and existing under the laws of the State of
Oregon, having its principal place of business in the City of Tigard, State of Oregon. Defendant
does business in the Northern District of California.

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COMPLAINT FOR PATENT INFRINGEMENT

CASE NO.

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JURISDICTION AND VENUE

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3.

This action is for patent infringement and tortious interference with prospective

economic relationships.
4.

This action arises under the patent laws of the United States, 35 U.S.C. 1, et seq.

Jurisdiction is proper under 28 U.S.C. 1331 and 1338(a). This Court has supplemental

jurisdiction over the pendent state law claim under 28 U.S.C. 1367. These claims derive from a

common nucleus of operative facts and are so related that they form part of the same case or

controversy.

5.

Venue is proper in the Northern District of California under 28 U.S.C. 1391.

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6.

This Court has personal jurisdiction over Defendant. Defendant conducts business

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within the State of California and within this judicial district.

7.

Defendant, directly or through intermediaries, distributes, offers for sale, sells, and

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advertises its products and services in the United States, the State of California, and the Northern

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District of California.
INTRADICT ASSIGNMENT

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This is an Intellectual Property Action to be assigned on a district-wide basis

pursuant to Civil Local Rule 3-2(c).

FACTUAL ALLEGATIONS

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and worldwide.

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10.

Plaintiff develops, produces and sells fishing products throughout the United States

United States Design Patent No. D516,663, entitled FISHING LURE (the 663

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Design Patent was duly and legally issued on March 7, 2006 to Plaintiff as the Assignee of

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inventors Richard B. Pool and Cecil R. Spurgeon. A copy of the 663 Design Patent is attached

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hereto as Exhibit A.

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11.

The 663 Design Patent has been in full force and effect since its issuance.

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12.

Defendant is a competitor in the industry that manufactures, distributes and sells

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fishing products. Defendants fishing products include flashers sold under the name 11 Super

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COMPLAINT FOR PATENT INFRINGEMENT

CASE NO.

Case 3:16-cv-04062-VC Document 1 Filed 07/20/16 Page 3 of 5

Series. Defendant sells these fishing products through its website at

http://www.shortbusflashers.com.
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Defendants 11 Super Series flashers incorporate all non-functional features of the

663 Design Patent. Moreover, Defendants 11 Super Series flashers appear, from most aspects,

nearly identical.
14.

On March 7, 2016, Plaintiff sent, and Defendant thereafter received, a cease-and-

desist letter which identified the 663 Design Patent. This letter stated that Plaintiff owned the 663

Design Patent. A copy of this letter is attached hereto as Exhibit B.

COUNT I DEFENDANTS INFRINGEMENT

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OF THE 663 DESIGN PATENT

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through 14 above and incorporates them by reference.

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Plaintiff hereby restates and re-alleges the allegations set forth in paragraphs 1

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Plaintiff has provided and Defendant has received actual notice of the 663 Design

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Defendant has directly infringed, and/or has induced others to infringe, and/or has

Patent.

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committed acts of contributory infringement of the claims of the 663 Design Patent in violation of

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35 U.S.C. 271 et seq. Upon information and belief, Defendant has committed acts of

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infringement by making, using, selling, and/or offering to sell products within the United States,

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and/or importing products into the United States, including but not limited to fishing products

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under the name 11 Super Series.

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18.

Defendant will continue to infringe the 663 Design Patent unless enjoined by this

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Court. As a result of the infringing conduct of Defendant, Plaintiff has suffered, and will continue

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to suffer, irreparable harm for which there is no adequate remedy at law. Accordingly, Plaintiff is

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entitled to temporary, preliminary, and/or permanent injunctive relief against such infringement

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pursuant to 35 U.S.C. 283.

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19.

As a result of Defendants infringement of the 663 Design Patent, Plaintiff has

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been damaged, and will be further damaged, and is entitled to be compensated for such damages

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pursuant to 35 U.S.C. 284 in an amount that presently cannot be ascertained but that will be
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COMPLAINT FOR PATENT INFRINGEMENT

CASE NO.

Case 3:16-cv-04062-VC Document 1 Filed 07/20/16 Page 4 of 5

determined at trial.

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Because Defendant has continued its activities after receiving actual notice of the

663 Design Patent from Plaintiff, Defendants infringement is willful. As a result, Plaintiff is

further entitled to trebling of damages pursuant to 35 U.S.C. 284, and to the designation of this

case as exceptional pursuant to 35 U.S.C. 285, whereby Plaintiff is entitled to an award of its

attorneys fees.

COUNT II TORTIOUS INTERFERENCE

WITH PROSPECTIVE ECONOMIC RELATIONSHIPS

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Plaintiff hereby restates and re-alleges the allegations set forth in paragraphs 1

through 20 above and incorporates them by reference.

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There is an economic relationship between Plaintiff and purchasers of fishing

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equipment, and there exists a probability of future economic benefit to Plaintiff from these

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purchasers.

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Defendant has knowledge of this relationship.

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Defendant intentionally engaged in acts that were designed to and which did disrupt

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this relationship, and Plaintiff has been harmed as a result.

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Defendants acts were beyond those of a mere competitor securing business for

itself and, as discussed herein, were independently unlawful or illegitimate.

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Defendants actions were willful, wanton, malicious, oppressive, and undertaken

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with intent to harm Plaintiff, and such actions justify the award of exemplary and punitive

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damages.
PRAYER FOR RELIEF

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WHEREFORE, Plaintiff prays that the Court enter an order:

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A.

That Defendant has infringed the 663 Design Patent under 35 U.S.C. 271 et

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Preliminarily and permanently enjoining Defendant and all persons or entities

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seq.;

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acting in concert or participation with Defendant from directly or indirectly infringing, or inducing

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or contributing to the infringement by others of, the 663 Design Patent.

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COMPLAINT FOR PATENT INFRINGEMENT

CASE NO.

Case 3:16-cv-04062-VC Document 1 Filed 07/20/16 Page 5 of 5

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C.

Directing Defendant to destroy all marketing material under Defendants control

that market any product infringing the 663 Design Patent;

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Directing Defendant to account to Plaintiff for any and all profits derived by

Defendant from the sale or distribution of goods as described in this Complaint, including

prejudgment interest thereon;

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E.

Awarding Plaintiff all damages caused by the acts forming the basis of this

Complaint, together with interest thereon;

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Based on Defendants willful infringement of the 663 Design Patent, ordering that

Plaintiff be awarded treble damages pursuant to 35 U.S.C. 284;

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Ordering Defendant to pay Plaintiff the costs of this action and Plaintiffs

reasonable attorneys fees pursuant to the statutes cited herein;

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Based on Defendants willful and deliberate conduct, and to deter such conduct in

the future, awarding punitive damages; and

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Granting any such further relief in Plaintiffs favor as the Court deems just and

appropriate.
JURY DEMAND

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Plaintiff hereby demands a trial by jury on all issues so triable.

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Dated: July 18, 2016

ANTERO & TORMEY PC

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By: __________________________
Peter J. Tormey
Aaron M. Davis
Attorneys for Plaintiff
PRO-TROLL

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COMPLAINT FOR PATENT INFRINGEMENT

CASE NO.

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PLAINTIFF'S EXHIBIT A

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PLAINTIFF'S EXHIBIT A

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PLAINTIFF'S EXHIBIT A

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201 Spear St. Suite 1100 - San Francisco, CA 94510

(415) 355-4529 www.AntLegal.com

March 7, 2016
Mr. Goulet
Shortbus Flashers
12300 SW 127th Ave
Portland, OR 97223-1806

Dear Mr. Goulet:

We represent Pro-Troll, Inc, a leader in fishing and marine products. One of their leading
products is the ProChip 11 flasher.
This letter is to inform you of Pro-Trolls family of published patents covering ProTrolls flasher product line. These patents include published U.S. patents 6,457,275, D516663,
D678460, 6,457,275, and others.
We have become aware that you are making and selling a product that is fully covered by
Pro-Trolls patents.

To wit, you offered identical flashers for sale recently at an industry

tradeshow in Portland and promoted them on your Facebook page. As a leader in the fishing
industry and in particular flashers, Pro-Troll intends to fully enforce its rights to its inventions
and all other intellectual property it owns.
Patent litigation is a very expensive endeavor. Moreover, our client is entitled to triple
damages for willful patent infringement. Your infringement will be very expensive.
We demand that you stop making and selling flashers that infringe Pro-Trolls patents
immediately.
Regards,

Antero & Tormey PC

201 Spear St. Suite 1100
San Francisco, CA 94105

Pete Tormey
(925) 352-9842

PLAINTIFF'S EXHIBIT B

Case 3:16-cv-04062-VC Document 1-2 Filed 07/20/16 Page 1 of 2

CIVIL COVER SHEET

JS 44 (Rev. 07/16)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Contra Costa

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Washington

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Antero & Tormey PC

101 Gregory Lane Suite 46
Pleasant Hill, CA 94523

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding

2 Removed from
State Court

6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District

8 Multidistrict
Litigation Direct File

35 U.S.C. 271 et seq

VI. CAUSE OF ACTION Brief description of cause:

Design Patent infringment

CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Peter Tormey

07/19/2016
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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MAG. JUDGE

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JS 44 Reverse (Rev. 07/16)

Case 3:16-cv-04062-VC Document 1-2 Filed 07/20/16 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.