Case 1:17-cv-00162-CW Document 2 Filed 10/16/17 Page 1 of 7

Preston P. Frischknecht (USB #11286)

preston@projectcip.com
PROJECT CIP
408 Sheridan Ridge Lane
Logan, UT 84321
Telephone: (435) 512-4893

Attorneys for Plaintiff

Mike Williams

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH

MIKE WILLIAMS, an individual Utah

resident, COMPLAINT

Plaintiff, Civil Action No.:

v.
District Judge:
DJO Global, Inc., a Delaware corporation, and
DJO, LLC, a Delaware limited liability JURY DEMAND
company,

Defendants.

Plaintiff Mike Williams (Mr. Williams) complains against defendant DJO, LLC

(DonJoy) for the causes of action alleged as follows:

THE PARTIES

1. Mr. Williams is an individual Utah resident with an address of 536 W 1490 N

#101, Logan, UT 84381.

2. Mr. Williams alleges that DJO Global, Inc. is a Delaware corporation, and that

DJO, LLC is a Delaware limited liability company and DJO Global subsidiary (collectively

DonJoy), both with a principal place of business at 1430 Decision Street, Vista, CA 92083.
 Case 1:17-cv-00162-CW Document 2 Filed 10/16/17 Page 2 of 7

JURISDICTION AND VENUE

3. This is a civil action for patent infringement arising under the patent laws of

the United States 35 U.S.C. 1 et seq., including 35 U.S.C. 271.

4. This Court has original jurisdiction over the subject matter of this action under

at least 28 U.S.C. 1331 and 1338(a).

5. This Court has personal jurisdiction over DonJoy because DonJoy has purposely

availed itself of the privileges and benefits of the laws of the State of Utah and has committed

acts of patent infringement within this judicial district.

6. DonJoy does and has done substantial business in this judicial District, including:

(i) committing acts of patent infringement in this judicial District and elsewhere in Utah; (ii)

regularly doing business or soliciting business by virtue of DonJoys nationwide, interactive and

commercial website(s) www.djoglobal.com and/or www.donjoyperformance.com, and numerous

regional and national distributors and retailers which direct DonJoys services products to Utah

residents; and (iii) engaging in other persistent courses of conduct, and/or deriving substantial

revenue from products and/or services provided to persons in this District and State.

7. This Courts exercise of personal jurisdiction over DonJoy is consistent with

the Constitutions of the United States and the State of Utah.

8. Venue is proper in this judicial district under at least 28 U.S.C. 1391 & 1400.

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FACTUAL BACKGROUND

9. Mr. Williams is the inventor and owner of unique supports including patellar

knee braces known by various names including the Cross Strap Patellar Tendon Strap and

Cross Strap.

10. Mr. Williams technological innovations are protected by a portfolio of design

patents, including United States Design Patent Nos. D503,806 and D751,720 (the Asserted

Patents).

11. DonJoy is in the business of globally manufacturing, marketing, and selling athletic

accessories, including knee braces. DonJoy uses, sells, and offers for sale knee braces that embody

the claimed designs of the Asserted Patents (the Accused Products).

12. The designs of the Accused Products are substantially the same as the designs that

are the subject matter of the Asserted Patents.

13. Furthermore, the designs of the Accused Products are so similar to the designs

that are the subject matter of the Asserted Patents that customers are likely to be deceived and

persuaded to buy the Accused Products thinking they are actually buying products protected by

the Asserted Patent.

14. DonJoy has had pre-suit knowledge of at least one of the the Asserted Patents,

since as early as March 13, 2003.

15. In particular, DonJoy formally licensed Mr. Williams rights in the D503,806

patent from March 13, 2004 to April 11, 2015.

16. In 2015, instead of continuing a contractual licensing relationship with Mr.

Williams, DonJoy informed him that it was discontinuing the Accused Products.

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17. In fact, DonJoy did not discontinue the Accused Products, but continued to widely

manufacture, offer for sale, and sell them without permission in an infringing manner under

product names including DonJoy Cross Strap and DonJoy Patella X Strap.

FIRST CLAIM FOR RELIEF

(Infringement of U.S. Patent No. D503,806)

18. Mr. Williams realleges and incorporates the foregoing paragraphs as though fully

set forth herein.

19. DonJoy has infringed, and continues to infringe the 806 Patent by offering to

sell, selling, or importing the Accused Products in this District, and elsewhere in the United

States, the design of which is substantially the same as the ornamental design of the 806 Patent.

20. DonJoys actions constitute infringement of the 806 Patent in violation of 35

U.S.C. 271. Mr. Williams has sustained damages and will continue to sustain damages as a

result of DonJoys aforementioned acts of infringement.

21. Mr. Williams is entitled to recover damages sustained as a result of DonJoys

wrongful acts in an amount to be proven at trial.

22. DonJoys infringement of Mr. Williams rights under the 806 Patent will

continue to damage Mr. Williams business, causing irreparable harm, for which there is no

adequate remedy at law, unless DonJoy is enjoined by this Court.

23. DonJoy has willfully infringed the 806 Patent, entitling Mr. Williams to

increased damages under 35 U.S.C. 284 and to attorneys fees and costs incurred in

prosecuting this action under 35 U.S.C. 285.

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 Case 1:17-cv-00162-CW Document 2 Filed 10/16/17 Page 5 of 7

24. Alternatively, Mr. Williams is entitled to recover DonJoys total profits from its

sale of the Accused Products under 35 U.S.C. 289.

SECOND CLAIM FOR RELIEF

(Infringement of U.S. Patent No. D751,720)

25. Mr. Williams realleges and incorporates the foregoing paragraphs as though fully

set forth herein.

26. DonJoy has infringed, and continues to infringe the 720 Patent by offering to

sell, selling, or importing the Accused Products in this District, and elsewhere in the United

States, the design of which is substantially the same as the ornamental design of the 720 Patent.

27. DonJoys actions constitute infringement of the 720 Patent in violation of 35

U.S.C. 271. Mr. Williams has sustained damages and will continue to sustain damages as a

result of DonJoys aforementioned acts of infringement.

28. Mr. Williams is entitled to recover damages sustained as a result of DonJoys

wrongful acts in an amount to be proven at trial.

29. DonJoys infringement of Mr. Williams rights under the 720 Patent will

continue to damage Mr. Williams business, causing irreparable harm, for which there is no

adequate remedy at law, unless DonJoy is enjoined by this Court.

30. DonJoy has willfully infringed the 720 Patent, entitling Mr. Williams to

increased damages under 35 U.S.C. 284 and to attorneys fees and costs incurred in

prosecuting this action under 35 U.S.C. 285.

31. Alternatively, Mr. Williams is entitled to recover DonJoys total profits from its

sale of the Accused Products under 35 U.S.C. 289.

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 Case 1:17-cv-00162-CW Document 2 Filed 10/16/17 Page 6 of 7

PRAYER FOR RELIEF

Mr. Williams prays for judgment as follows:

A. A judgment finding DonJoy liable for infringement of the claims of the Asserted

Patents;

B. An order requiring DonJoy to make an accounting for all Accused Products it

made, used, sold, offered for sale, or imported in the United States;

C. Orders of this Court temporarily, preliminarily, and permanently enjoining

DonJoy, its agents, servants, and any and all parties acting in concert with any of them, from

directly or indirectly infringing in any manner any of the claims of the Asserted Patents, pursuant

to at least 35 U.S.C. 283;

D. An award of damages adequate to compensate Mr. Williams for DonJoys

infringement of the Asserted Patents, in an amount to be proven at trial, or in the alternative, an

award of DonJoys total profits under 35 U.S.C. 289;

E. An award of treble Mr. Williams damages, pursuant to at least 35 U.S.C. 284;

F. A declaration that this is an exceptional case and that Mr. Williams be awarded its

attorney fees and expenses, pursuant to at least 35 U.S.C. 285;

G. An award of Mr. Williams costs in bringing this action, pursuant to all applicable

state statutory and common law, including at least 35 U.S.C. 284;

H. An award of Mr. Williams attorney fees, pursuant to all applicable state statutory

and common law.

I. Prejudgment interest, pursuant to at least 35 U.S.C. 284;

J. Post-judgment interest, pursuant to at least 28 U.S.C. 1961(a); and

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K. For such other and further relief as the Court deems just and equitable.

DEMAND FOR JURY TRIAL

Mr. Williams demands trial by jury on all claims and issues so triable.

DATED: October 16, 2017

/s/ Preston P. Frischknecht________________

Preston P. Frischknecht
Attorneys for Plaintiff
Mike Williams

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 Case 1:17-cv-00162-CW Document 2-1 Filed 10/16/17 Page 1 of 2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
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

Mike Williams DonJoy Global, Inc., DJO LLC

(b) County of Residence of First Listed Plaintiff Cache, UT County of Residence of First Listed Defendant San Diego, CA
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Preston P. Frischknecht
Project CIP, 408 Sheridan Ridge Ln, Nibley, UT 84321, (435) 512-4893

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
" 1 U.S. Government " 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State " 1 " 1 Incorporated or Principal Place " 4 " 4
of Business In This State

" 2 U.S. Government " 4 Diversity Citizen of Another State " 2 " 2 Incorporated and Principal Place " 5 " 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a " 3 " 3 Foreign Nation " 6 " 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
" 110 Insurance PERSONAL INJURY PERSONAL INJURY " 625 Drug Related Seizure " 422 Appeal 28 USC 158 " 375 False Claims Act
" 120 Marine " 310 Airplane " 365 Personal Injury - of Property 21 USC 881 " 423 Withdrawal " 376 Qui Tam (31 USC
" 130 Miller Act " 315 Airplane Product Product Liability " 690 Other 28 USC 157 3729(a))
" 140 Negotiable Instrument Liability " 367 Health Care/ " 400 State Reapportionment
" 150 Recovery of Overpayment " 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS " 410 Antitrust
& Enforcement of Judgment Slander Personal Injury " 820 Copyrights " 430 Banks and Banking
" 151 Medicare Act " 330 Federal Employers Product Liability " 830 Patent " 450 Commerce
" 152 Recovery of Defaulted Liability " 368 Asbestos Personal " 835 Patent - Abbreviated " 460 Deportation
Student Loans " 340 Marine Injury Product New Drug Application " 470 Racketeer Influenced and
(Excludes Veterans) " 345 Marine Product Liability " 840 Trademark Corrupt Organizations
" 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY " 480 Consumer Credit
of Veterans Benefits " 350 Motor Vehicle " 370 Other Fraud " 710 Fair Labor Standards " 861 HIA (1395ff) " 490 Cable/Sat TV
" 160 Stockholders Suits " 355 Motor Vehicle " 371 Truth in Lending Act " 862 Black Lung (923) " 850 Securities/Commodities/
" 190 Other Contract Product Liability " 380 Other Personal " 720 Labor/Management " 863 DIWC/DIWW (405(g)) Exchange
" 195 Contract Product Liability " 360 Other Personal Property Damage Relations " 864 SSID Title XVI " 890 Other Statutory Actions
" 196 Franchise Injury " 385 Property Damage " 740 Railway Labor Act " 865 RSI (405(g)) " 891 Agricultural Acts
" 362 Personal Injury - Product Liability " 751 Family and Medical " 893 Environmental Matters
Medical Malpractice Leave Act " 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS " 790 Other Labor Litigation FEDERAL TAX SUITS Act
" 210 Land Condemnation " 440 Other Civil Rights Habeas Corpus: " 791 Employee Retirement " 870 Taxes (U.S. Plaintiff " 896 Arbitration
" 220 Foreclosure " 441 Voting " 463 Alien Detainee Income Security Act or Defendant) " 899 Administrative Procedure
" 230 Rent Lease & Ejectment " 442 Employment " 510 Motions to Vacate " 871 IRSThird Party Act/Review or Appeal of
" 240 Torts to Land " 443 Housing/ Sentence 26 USC 7609 Agency Decision
" 245 Tort Product Liability Accommodations " 530 General " 950 Constitutionality of
" 290 All Other Real Property " 445 Amer. w/Disabilities - " 535 Death Penalty IMMIGRATION State Statutes
Employment Other: " 462 Naturalization Application
" 446 Amer. w/Disabilities - " 540 Mandamus & Other " 465 Other Immigration
Other " 550 Civil Rights Actions
" 448 Education " 555 Prison Condition
" 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
" 1 Original " 2 Removed from " 3 Remanded from " 4 Reinstated or " 5 Transferred from " 6 Multidistrict " 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 USC 271 & 281
VI. CAUSE OF ACTION Brief description of cause:

VII. REQUESTED IN " CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: " Yes " No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/16/2017 /s/Preston P. Frischknecht
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 06/17) Case 1:17-cv-00162-CW Document 2-1 Filed 10/16/17 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) 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.
(b) 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.)
(c) 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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

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.