North Star Tech. Int'l v. Latham Pool Prods. - Complaint

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE
NORTH STAR TECHNOLOGY )

INTERNATIONAL LIMITED, )
)
Plaintiff, )
)
vs. ) Civil Action No. ____________
)
LATHAM POOL PRODUCTS, INC., ) JURY TRIAL REQUESTED
)
Defendant. )
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, North Star Technology International Limited (“North Star”), a limited liability
company organized under the laws of Malta, brings this Complaint for patent infringement against
Defendant, Latham Pool Products, Inc. (“Latham”), and alleges as follows:
NATURE OF THE ACTION
1. This is an action for patent infringement arising under the patent laws of the United
States, including 35 U.S.C. § 271, §§ 281-285, and § 289.
2. This action pertains to Latham’s infringement of North Star’s U.S. Design Patent
No. D791,966 (the “‘966 Patent”) and U.S. Design Patent No. D794,213 (the “‘213 Patent”)
(collectively the “North Star Patents”). North Star’s ‘966 Patent and ‘213 Patent are licensed
exclusively to Leisure Pools and Spas Manufacturing North America Inc. (“Leisure Pools”). The
‘966 Patent protects Leisure Pools’ The Pinnacle™ fiberglass pool design while the ‘213 Patent
protects Leisure Pools’ The Ultimate™ fiberglass pool design. Leisure Pools’ innovative and
widely recognized fiberglass pool designs, including The Pinnacle™ and The Ultimate™, are sold
Case 3:19-cv-00120 Document 1 Filed 04/11/19 Page 1 of 8 PageID #: 1

primarily to a network of independently owned and operated dealers that are licensed to sell and
install fiberglass pools under the Leisure Pools brand.
3. North Star seeks injunctive relief and damages against Latham.
THE PARTIES
4. Plaintiff North Star International Limited is a limited liability company organized
under the laws of Malta with a principal business address at 46, Timber Wharf, Marsa, MRS1442,
Malta.
5. On information and belief, Latham Pool Products, Inc. is a Delaware corporation
with a principal business address of 787 Watervliet Shaker Rd., Latham, New York 12110.
Latham manufactures and sells fiberglass pools under various brand names including Trilogy
Pools, Viking Pools, and Blue Hawaiian.
JURISDICTION AND VENUE
6. North Star’s cause of action for patent infringement against Latham arises under
the patent laws of the United States, 35 U.S.C. § 101 et seq., including §§ 281-285, and § 289.
This Court has original jurisdiction over this subject matter pursuant to 28 U.S.C. §§ 1331 and
1338(a).
7. This Court has personal jurisdiction over Latham because it has infringed the North
Star Patents by selling, offering for sale, and/or manufacturing infringing products in this district
and having a regular place of business in this district. Specifically, Latham has a manufacturing
and sales facility in Fayetteville, Tennessee where it is believed at least some of the infringing
product is manufactured, sold, and/or offered for sale under at least Latham’s Trilogy Pools brand.

8. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c)
and § 1400(b). Latham has committed acts of infringement in this district by selling, offering to
sell, and/or manufacturing products that infringe the North Star Patents within this judicial district.
Also, as noted above, Latham has a manufacturing and sales facility in Fayetteville, Tennessee
where it is believed at least some of the infringing product is manufactured and sold under at least
Latham’s Trilogy Pools brand. Further, the exclusive licensee of the North Star Patents, Leisure
Pools, has its principal place of business in this district.
FACTUAL BACKGROUND
9. North Star owns all right, title, and interest in the ‘966 Patent, entitled “Swimming
Pool,” which was duly and legally issued to North Star by the United States Patent and Trademark
Office (“USPTO”) on July 11, 2017. The ‘966 Patent has a single claim that covers the ornamental
design for the swimming pool as shown and described in the ‘966 Patent. The ‘966 Patent is valid
and subsisting. A true and correct copy of the ‘966 Patent is attached as Exhibit A.
10. North Star owns all right, title, and interest in the ‘213 Patent, entitled “Swimming
Pool,” which was duly and legally issued to North Star by the USPTO on August 8, 2017. The
‘213 Patent has a single claim that covers the ornamental design for the swimming pool as shown
and described in the ‘213 Patent. The ‘213 Patent is valid and subsisting. A true and correct copy
of the ‘213 Patent is attached as Exhibit B.
11. North Star’s ‘966 Patent and ‘213 Patent are licensed exclusively to Leisure Pools.
The ‘966 Patent protects Leisure Pools’ The Pinnacle™ fiberglass pool design while the ‘213
Patent protects Leisure Pools’ The Ultimate™ fiberglass pool design. The Pinnacle™ and The
Ultimate™ are two of the most popular pool designs sold by Leisure Pools.

12. In or about late 2018, Latham began marketing a “Rectangle with Full Width
Tanning Ledge” fiberglass pool design and a “Rectangle Combo Spa with Tanning Ledge”
fiberglass pool design as being available beginning March 1, 2019 from Latham’s Trilogy Pools,
Viking Pools, and Blue Hawaiian brands. The marketing materials identified Fayetteville, TN as
a production facility for both pool designs. A true and correct copy of an exemplary promotional
flyer for each of Latham’s “Rectangle with Full Width Tanning Ledge” and “Rectangle Combo
Spa with Tanning Ledge” fiberglass pool designs is attached as Exhibit C.
13. Upon learning of Latham’s plans for its “Rectangle with Full Width Tanning
Ledge” and “Rectangle Combo Spa with Tanning Ledge” fiberglass pool designs, North Star
promptly notified Latham by letter dated November 16, 2018, that any sales of Latham’s proposed
“Rectangle with Full Width Tanning Ledge” design as shown in Exhibit C would be an
infringement of North Star’s ‘966 Patent and any sales of Latham’s proposed “Rectangle Combo
Spa with Tanning Ledge” design as shown in Exhibit C would be an infringement of North Star’s
‘213 Patent. North Star also requested that Latham take any necessary steps to avoid infringement
of North Star’s design patents.
14. Despite North Star’s letter of November 16, 2018, Latham continued with its plans
and currently manufactures and offers for sale Latham’s “Rectangle with Full Width Tanning
Ledge” and “Rectangle Combo Spa with Tanning Ledge” designs as marketed in Exhibit C
through at least Latham’s Trilogy Pools, Viking Pools, and Blue Hawaiian brands.
COUNT I – PATENT INFRINGEMENT OF NORTH STAR’S ‘966 PATENT
15. Plaintiff restates the allegations of paragraphs 1 – 14 as if fully set forth herein.

16. As exemplified in the comparison of the dominant views of the pool design claimed
in the ‘966 Patent with the same views of Latham’s “Rectangle with Full Width Tanning Ledge”
fiberglass pool as shown in the attached Exhibit D, Latham’s “Rectangle with Full Width Tanning
Ledge” fiberglass pool design so closely resembles the inventive design claimed in the ‘966 Patent
that an ordinary observer, familiar with the designs of the prior art, would be deceived into
believing that Latham’s “Rectangle with Full Width Tanning Ledge” fiberglass pool is the same
as the patented design of the ‘966 Patent.
17. Latham manufactures, sells, and/or offers to sell fiberglass pools that embody the
patented invention as claimed in the ‘966 Patent in violation of 35 U.S.C. § 271 and § 289.
18. Latham is not licensed or otherwise authorized by North Star to manufacture, sell,
or offer to sell any fiberglass pool having a design that is covered by the ‘966 Patent.
19. The activities of Latham as alleged herein constitute an infringement of North
Star’s ‘966 Patent.
20. Due to Latham’s infringement of the ‘966 Patent, North Star is entitled to recover
from Latham damages adequate to compensate for the infringement in an amount subject to proof
at trial, but in no event less than a reasonable royalty, together with interest and costs as fixed by
this Court under 35 U.S.C. § 284. As an additional remedy for Latham’s infringement of the ‘966
Patent, North Star is entitled to recover Latham’s total profits from the sales of its infringing design
pursuant to 35 U.S.C. § 289.
21. Due to Latham’s infringement of the ‘966 Patent, North Star has suffered, is
suffering, and will continue to suffer irreparable injury and damage for which North Star has no

adequate remedy at law. North Star is therefore entitled to a permanent injunction against
Latham’s further infringing conduct pursuant to 35 U.S.C. § 283.
22. Latham’s infringement of the ‘966 Patent has been and continues to be willful in
light of its knowledge of the ‘966 Patent since at least November 2018. Accordingly, this is an
exceptional case and North Star is entitled to enhanced damages pursuant to 35 U.S.C. § 284 and
attorneys’ fees and expenses pursuant to 35 U.S.C. § 285.
COUNT II – PATENT INFRINGEMENT OF NORTH STAR’S ‘213 PATENT
23. Plaintiff restates the allegations of paragraphs 1 – 22 as if fully set forth herein.
24. As exemplified in the comparison of the dominant views of the pool design claimed
in the ‘213 Patent with the same views of Latham’s “Rectangle Combo Spa with Tanning Ledge”
fiberglass pool as shown in the attached Exhibit E, Latham’s “Rectangle Combo Spa with Tanning
Ledge” fiberglass pool design so closely resembles the inventive design claimed in the ‘213 Patent
that an ordinary observer, familiar with the designs of the prior art, would be deceived into
believing that Latham’s “Rectangle Combo Spa with Tanning Ledge” fiberglass pool is the same
as the patented design of the ‘213 Patent.
25. Latham manufactures, sells, and/or offers to sell fiberglass pools that embody the
patented invention as claimed in the ‘213 Patent in violation of 35 U.S.C. § 271 and § 289.
26. Latham is not licensed or otherwise authorized by North Star to manufacture, sell,
or offer to sell any fiberglass pool having a design that is covered by the ‘213 Patent.
27. The activities of Latham as alleged herein constitute an infringement of North
Star’s ‘213 Patent.

28. Due to Latham’s infringement of the ‘213 Patent, North Star is entitled to recover
from Latham damages adequate to compensate for the infringement in an amount subject to proof
at trial, but in no event less than a reasonable royalty, together with interest and costs as fixed by
this Court under 35 U.S.C. § 284. As an additional remedy for Latham’s infringement of the ‘213
Patent, North Star is entitled to recover Latham’s total profits from the sales of its infringing design
thereof pursuant to 35 U.S.C. § 289.
29. Due to Latham’s infringement of the ‘213 Patent, North Star has suffered, is
suffering, and will continue to suffer irreparable injury and damage for which North Star has no
adequate remedy at law. North Star is therefore entitled to a permanent injunction against
Latham’s further infringing conduct pursuant to 35 U.S.C. § 283.
30. Latham’s infringement of the ‘213 Patent has been and continues to be willful in
light of its knowledge of the ‘213 Patent since at least November 2018. Accordingly, this is an
exceptional case and North Star is entitled to enhanced damages pursuant to 35 U.S.C. § 284 and
attorneys’ fees and expenses pursuant to 35 U.S.C. § 285.
PRAYER FOR RELIEF
WHEREFORE, North Star respectfully requests that the Court enter judgment in its favor
against Defendant Latham, granting the following relief:
a. A declaration that the ‘966 and ‘213 Patents are valid and enforceable.
b. A judgment pursuant to 35 U.S.C. § 271 that Latham has infringed the North Star
Patents.

c. An award of damages pursuant to 35 U.S.C. § 284 adequate to compensate North
Star for Latham’s infringement of the North Star Patents, in an amount no less than a reasonable
royalty for the use made of the inventions, together with interests and costs.
d. An award of Latham’s total profits pursuant to 35 U.S.C. § 289 from the sales of
its infringing pool designs.
e. An order under 35 U.S.C. § 283 permanently enjoining Latham from continued
infringement of the North Star Patents.
f. An award of enhanced damages pursuant to 35 U.S.C. § 284 and attorneys’ fees
and expenses pursuant to 35 U.S.C. § 285 for Latham’s willful, wanton, and deliberate acts of
infringement.
g. Such other, further, and additional relief as this Court may deem reasonable and
just.
JURY DEMAND
North Star demands a trial by jury of all issues so triable.
Respectfully submitted,
s/WadeROrr \
Wade R. Orr – Tenn. Bar No. 27448
Michael J. Bradford – Tenn. Bar No. 22689
LUEDEKA NEELY GROUP, P.C.
900 S. Gay Street, Suite 1504
Knoxville, TN 37902
Telephone: (865) 546-4305
Facsimile: (865) 523-4478
WOrr@Luedeka.com
MBradford@Luedeka.com
Attorneys for Plaintiff
Dated: April 11, 2019

EXHIBIT A
Case 3:19-cv-00120 Document 1-1 Filed 04/11/19 Page 1 of 10 PageID #: 9

EXHIBIT B

EXHIBIT C

‘966 Patent Dominant Views Latham’s “Rectangle with Full Width Tanning Ledge” Pool

EXHIBIT E

‘213 Patent Dominant Views Latham’s “Rectangle Combo Spa with Tanning Ledge” Pool


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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

NORTH STAR TECHNOLOGY )

COMPLAINT FOR PATENT INFRINGEMENT

Defendant, Latham Pool Products, Inc. (“Latham”), and alleges as follows:

NATURE OF THE ACTION

States, including 35 U.S.C. § 271, §§ 281-285, and § 289.

Case 3:19-cv-00120 Document 1 Filed 04/11/19 Page 1 of 8 PageID #: 1

install fiberglass pools under the Leisure Pools brand.

3. North Star seeks injunctive relief and damages against Latham.

4. Plaintiff North Star International Limited is a limited liability company organized

5. On information and belief, Latham Pool Products, Inc. is a Delaware corporation

Pools, Viking Pools, and Blue Hawaiian.

JURISDICTION AND VENUE

Case 3:19-cv-00120 Document 1 Filed 04/11/19 Page 2 of 8 PageID #: 2

Pools, has its principal place of business in this district.

of the ‘213 Patent is attached as Exhibit B.

Case 3:19-cv-00120 Document 1 Filed 04/11/19 Page 3 of 8 PageID #: 3

Spa with Tanning Ledge” fiberglass pool designs is attached as Exhibit C.

of North Star’s design patents.

COUNT I – PATENT INFRINGEMENT OF NORTH STAR’S ‘966 PATENT

Case 3:19-cv-00120 Document 1 Filed 04/11/19 Page 4 of 8 PageID #: 4

as the patented design of the ‘966 Patent.

19. The activities of Latham as alleged herein constitute an infringement of North

Star’s ‘966 Patent.

pursuant to 35 U.S.C. § 289.

Case 3:19-cv-00120 Document 1 Filed 04/11/19 Page 5 of 8 PageID #: 5

Latham’s further infringing conduct pursuant to 35 U.S.C. § 283.

attorneys’ fees and expenses pursuant to 35 U.S.C. § 285.

COUNT II – PATENT INFRINGEMENT OF NORTH STAR’S ‘213 PATENT

as the patented design of the ‘213 Patent.

27. The activities of Latham as alleged herein constitute an infringement of North

Star’s ‘213 Patent.

Case 3:19-cv-00120 Document 1 Filed 04/11/19 Page 6 of 8 PageID #: 6

thereof pursuant to 35 U.S.C. § 289.

Latham’s further infringing conduct pursuant to 35 U.S.C. § 283.

attorneys’ fees and expenses pursuant to 35 U.S.C. § 285.

PRAYER FOR RELIEF

against Defendant Latham, granting the following relief:

Case 3:19-cv-00120 Document 1 Filed 04/11/19 Page 7 of 8 PageID #: 7

its infringing pool designs.

e. An order under 35 U.S.C. § 283 permanently enjoining Latham from continued

infringement of the North Star Patents.

f. An award of enhanced damages pursuant to 35 U.S.C. § 284 and attorneys’ fees

North Star demands a trial by jury of all issues so triable.

Dated: April 11, 2019

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