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Plaintiffs,
v.
COMPLAINT
counsel, for their Complaint against Defendant Greyland Trading Limited ("Greyland" or
"Defendant") allege as follows:
Parties
1.
2.
3.
Upon information and belief, Defendant Greyland is a Hong Kong company with its
principal place of business at 66 Mody Road, Room 705A-706, West Wing, Tsim Sha Tsui Centre,
Kowloon, Hong Kong.
Jurisdiction and Venue
4.
et seq..
This is an action for patent infringement arising under the Patent Act, 35 U.S.C. 1
5.
This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331 and 1338(a). 6. Venue is proper in this district pursuant to 28 U.S.C. 1391(c) because it is a district
7.
This Court has personal jurisdiction over Greyland because Greyland has
committed, directed, authorized, endorsed and/or approved of acts of infringement in the Eastern
District of Virginia; Greyland has caused tortious injury to SwimWays in the Eastern District of
Virginia, Norfolk Division; and Greyland has transacted substantial business in thisjudicial district.
Background
8.
leisure and recreational water products. The SwimWays brand has been around for over 35 years,
and SwimWays continuesto invest substantial resources into its product design and development to
create unique, quality products which are leaders in the industry. SwimWays' products can be
found in thousands of major retailers and individual pool dealers, both in the United States and
abroad.
1.
example of which is attached hereto as Exhibit A. Kelsyus owns all right, title, and interest to
US Patent No. 8,066,540 ("'540 patent"), which was duly and legally issued on Nov. 29, 2011. SwimWays is an exclusive licensee of the '540 patent. A true and accurate copy of the '540
patent is attached hereto as Exhibit B.
9.
The Spring Float products (collectively, the "SwimWays Products") have been
advertised through various advertising media, including on the Internet and substantial advertising
dollars have been spent in connection with the Products. The SwimWays Products have appeared in print media, newspapers, trade journals, magazines, promotional materials, and on the Internet, in
10.
infringes the "540 patent. A photograph of the Aqua-Leisure Recliner is shown below:
11.
Greyland also sells a modified version of the Aqua-Leisure Recline sold through
Sam's Club ("Sam's Club Recliner"). The Sam's Club Recliner also infringes the '540 patent. A
12.
("Redesigned Recliner"). The Redesigned Recliner also infringe the '540 patent. A photograph of
the Redesigned Recliner is shown below:
Count One
13.
Plaintiffs repeat and reallege, as if fully set forth herein, each and every allegation
contained in the foregoing paragraphs. 14. Greyland manufactures, distributes, sells, offers to sell, and/or imports the infringing
Aqua-Leisure Recliner, Sam's Club Recliner, and Redesigned Recliner (collectively, "Accused Products") throughout the United States in the stream of interstate commerce. 15. The Accused Products embody and infringe the '540 patent in violation of Kelsyus'
18.
willful.
Upon information and belief, Greyland's infringement of the '540 patent has been
19.
The foregoing acts of patent infringement by Greyland has caused, and unless
enjoined by this Court, will continue to cause immediate and irreparable injury and damage to Kelsyus and SwimWays, leaving them with no adequate remedy at law.
(a)
that this Court issue preliminary and permanent injunctive relief against Greyland,
its respective officers, agents, servants, employees, attorneys, parent and subsidiary
corporations, assigns and successors in interest, and those persons in active concert
or participation with them, enjoining them from continued acts of infringement of
the '540 patent, including, without limitation, an injunction against future sales of
the Accused Products;
(b)
(c)
a judgment that the '540 patent is duly and legally issued, valid, andenforceable;
a judgment that Greylandhas infringed one or more claims ofthe '540 patent;
(d)
284 including, but not limited to, Plaintiffs' lost profits, but in any event not less
than a reasonable royalty, resulting from Greyland's infringement ofthe '540 patent,
together with prejudgment and postjudgment interest;
(e)
that Greyland's acts be deemed willful and intentional and that Greyland be required
to pay to Plaintiffs additional damages equal to three times the actual damages
awarded pursuant to 35 U.S.C. 284;
(f)
that this be adjudged an exceptional case and that Plaintiffs' be awarded their
attorney fees, pursuant to 35 U.S.C. 285 in addition to other authority;
(g)
(h)
Pursuant to Federal Rule of Civil Procedure 38, Plaintiffs hereby demands a trial by jury
on all issues so triable.
SWIMWAYS CORPORATION
By:
Johf/B. Swingf
WILLIAMS MULLEN, P.C. 999 Waterside Dr., Suite 1700 Norfolk, VA 23510 Telephone: (757) 622-3366 Facsimile: (757) 629-0660
jswingle@williamsmullen.com
WILLIAMS MULLEN, P.C. 999 Waterside Dr., Suite 1700 Norfolk, VA 23510
cmytelka@williamsmullen.com