Brooks F.

Cooper, OSB # 941772

2300 SW First Avenue, Suite 101
Portland, OR 97201
v: 971.645.4433
f: 503.296.5704
e: brooks@bcooper-Iaw.com
Attorney for Plaintiff Dual Lever Suspension, L.L.C.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
DUAL LEVER SUSPENSION, L.L.C., Case No. CV .'11- 119 9 - MO
An Oregon Limited Liability Company,
COMPLAINT
Plaintiff, Patent Infringement - 35 V.S.c. 271
v.
SANTA CRUZ BICYCLES, INC., a California
corporation, STAR CITY MOUNTAIN BIKE
COMPANY, INC. dba TOMAC MOUNTAIN
BIKES or TOMAC BIKES, a Nebraska
corporation; and FOES FABRICATIONS, INC., DEMAND FOR JURY TRIAL
a California corporation,
Defendants.
COMPLAINT FOR PATENT INFRINGEMENT:
PARTIES
Page 1 - COMPLAINT
Brooks Cooper
2300 5W Firs. Ave., 5.e 101
Portland, OR 9720 1
v: 971. 645.4433; f: 503.296. 5704
brookS@bcooper-law.com
1.
Plaintiff, Dual Lever Suspension, LLC, is an Oregon Limited Liability Company. It is the
assignee of 100% of the rights to U.S. Patent Number 7,918,472 B2 which is described below.
2.
Defendant SANTA CRUZ BICYCLES, INC. is a California corporation doing business
in Oregon by offering the infringing products described below through retail dealers in Oregon.
1.
Defendant STAR CITY MOUNTAIN BIKE COMPANY, INC. does business as
TOMAC MOUNTAIN BIKES or TOMAC BIKES and is a Nebraska corporation which offers
the infringing products described below.
4.
Defendant FOES FABRICATIONS, INC. is a California corporation doing business as
FOES RACING USA and does business in Oregon by offering the infringing products described
below through retail dealers in Oregon.
JURISDICTION
5.
This is a civil action for patent infringement, injunctive relief, and damages arising under
the United States Patent Act, 35 U.S.C. 1, et seq. This Court has subject matter jurisdiction
of the claims asserted herein under 28 U.S.C. 1331 and 1338(a).
6.
This Court has in personam jurisdiction over Defendants because they conduct business
within Oregon, the forum state, and have committed acts of patent infringement in this District.
Defendants advertise and interactively offer for sale the infringing product in print media, or
Page 2 - COMPLAINT
Brooks Cooper
2300 SW First Ave., Ste 10\
Portland, OR 9720 \
v: 971. 645.4433; f: 503.296. 5704
brookS@bcooper law.com
periodicals distributed in Oregon or on broadcast media receivable in Oregon.
Each defendant has systematic and continuous contacts with the State of Oregon and has
purposefully availed itself the privilege of conducting activities in Oregon by soliciting and/or
conducting business transactions in Oregon.
VENUE
7.
A substantial part of the acts, events and omissions giving rise to the claims asserted in
this action occurred within this judicial District, and plaintiff resides and is headquartered in this
judicial District. Venue is therefore proper in this court under the provisions of28 U.S.c.
1391(b) and (c) and 1400(b). Federal question jurisdiction is conferred pursuant to U.S.C.
1331 and 1338(a).
THE PATENT IN SUIT
8.
On AprilS, 2011, U.S. Patent No. 7,918,472 ("the '472" patent") entitled "DUAL
LEVER COMPRESSION SUSPENSION SYSTEM" was duly and legally issued to Kris Devin
Peterson. Mr. Peterson subsequently assigned the entire right, title and interest in and to the ' 472
patent to Dual Lever Suspension, LLC. A copy of the patent is attached as EXHIBIT A.
CLAIM FOR RELIEF
(Patent Infringement)
9.
In violation of35 U.S.c. 271 (a), (b) and (c), Defendants, and each of them have
infringed and continue to infringe directly or under the doctrine of equivalents; have induced and
continue to induce others to infringe; and/or have committed and continue to commit acts of
contributory infringement of one or more of the claims of the '472 patent.
Page 3 - COMPLAINT
B rooks Cooper
2300 SW Firs' Ave., S'e 101
Portland, OR 97201
v: 971.645 .4433; f: 503. 296.5704
brookS@bcooper-law.com
10.
The '472 patent provides an image of its claims embodied in a bicycle frame. This is the
Image:
81
......----10
as
12.
Defendant Santa Cruz offers, through its dealers in Oregon, bicycle models called
"Butcher," "Heckler," "Blur," "Blur XC Carbon," "Juliana," "Superlight," "Tall Boy," "Tall Boy
Carbon," "Blur TR Carbon," Blur LT," "Blur L T Carbon," "Nickel," "Driver 8," "V1 0 Carbon,"
"Nomad," and "Nomad Carbon" which each infringe one or more claims of the '472 patent.
Each of them is offered as a complete bicycle or simply a frame set.
/11
II /
/11
II /
II/
Page 4 - COMPLAINT
BrOOks Cooper
2300 SW Fiest Ave., Ste 101
Portland, OR 9720 I
v: 971. 645.4433; f: 503.2%.5704
brookS@bcooper-law.com
13.
Here is an image of the "Butcher" frameset as an example of the infringing products
defendant makes, offers for sale and sells:
14.
Defendant Foes Fabrications, Inc. offers, through its dealers in Oregon, bicycle models
called "Foes DHS Mono," "Foes FXR," "Foes 4X," "Foes RS7," "Foes XCT,"
"Foes B-29 Bomber," "Foes Shaver Ultra Trail," "Foes 2:1 XCT - 5.5" Trail," and "Foes 2:1 B
29 Bomber - 4" 2ger Trail," which each infringe one or more claims of the ' 472 patent. Each of
them is offered as a complete bicycle or simply a frarneset.
1//
/II
/II
Page 5 - COMPLAINT
Brooks Cooper
2300 SW Fi rst Ave., Ste 10 1
Portl and, OR 9720 1
v: 971. 645.4433; f: 503. 296.5704
brookS@bcooper-law.com
15.
Here is an image of the "Foes Shaver Ultra Trail" bicycle as an example of the infringing
products defendant makes, offers for sale and sells:
16.
Defendant Star City offers, bicycle models called "Vanish," "Carbide SL," "Snyper,"
"Supermatic," "Diplomat," and "Automatic" which each infringe one or more claims of the '472
patent. Each of them is offered as a complete bicycle or simply a frame set.
17.
Here is an image of the "Vanish" frameset as an example of the infringing products
Page 6 - COMPLAINT
Brooks Cooper
2300 SW First Ave., Ste 101
Portland, OR 9720 I
v: 971.645.4433; f: 503.296.5704
brookS@bcooper.law.com
defendant makes, offers for sale and sells:
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests and prays that this Court enter judgment in
its favor against defendants, and each of them, and grant the following relief:
A. A judgment declaring that defendants' conduct has infringed, induced others to
infringe, and/or committed acts of contributory infringement with respect to the ' 472 patent in
violation of 35 U.S.C. 271 (a), (b) and (c);
B. A judgment that Defendants' infringements of the ' 472 patent have been willful
and wanton;
C. Immediately and permanently enjoining Defendants, their officers, directors,
agents, servants, employees, representatives, attorneys, related companies, successors, assigns
and all others in active concert or participation with them, from any further acts of infringement,
inducement of infringement, or contributory infringement of the' 472 patent;
D. An order pursuant to 35 U.S.C. 284, awarding Plaintiff damages adequate to
compensate Plaintiff for Defendants' infringement of the' 472 patent, in an amount to be
detennined at trial, but in no event less than a reasonable royalty on the products or the complete
Page 7 - COMPLAINT
Brooks Cooper
2300 SW First Ave., Ste WI
Ponl and, OR 9720 I
v: 971.645.4433; f: 503.296.5704

bicycles of which they comprise a part;
E. An order pursuant to 35 U.S.c. 284, and based on Defendants' willful and
wanton infringements of the' 472 patent, trebling all damages awarded to Plaintiff;
F. An order, pursuant to 35 US.c. 284, awarding to Plaintiff pre-judgment and
post-judgment interest on the damages and its costs incurred in this action;
G. An order, pursuant to 35 U.S.c. 285 directing Defendants to deliver to Plaintift:
for destruction at Plaintiff s option, all products that infringe the' 472 patent; and
H. Awarding plaintiff such other relief as the Court may deem just and equitable.
DATED this 3
rd
day of October, 2011.
-B sF. Cooper, OSB # 94177
Of Attorneys for Plaintiff
Dual Lever Suspension, LLC

Plaintiff Demands a trial by jury of all claims where it is so entitled, pursuant to FRCP
38(b).
DATED this 3
rd
day of October, 2011.
sF. Cooper, OSB # 94177
Of Attorneys for Plaintiff
Dual Lever Suspension, LLC
Page 8 - COMPLAINT
Brooks Cooper
2300 SW Firsl Ave., Ste 101
Ponland. OR 9720 I
V ' 971.645.4433 : f: 503.296.5704