Exxel Outdoors v. Marketfleet - Complaint

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 1 of 19
THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No.
EXXEL OUTDOORS, LLC

Plaintiff,
v.
MARKETFLEET, INC. d/b/a
WINTERIAL, and
MARKETFLEET SOURCING, INC.,
Defendants.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Exxel Outdoors, LLC ("Exxel") alleges, for its Complaint against Defendants
Marketfleet, Inc., d/b/a Winterial, and Marketfleet Sourcing, Inc. (collectively "Marketfleet"), as
follows:
Background & Parties
1.
This is an action for infringement of U.S. Patent No. 9,408,484 B2 ("the '484
Patent"), entitled "Sleeping Bag with Self-Sealing, Vented Footbox", and U.S. Patent No.
D742,618 ("the '618 Design Patent"), entitled "Sleeping Bag". The '484 Patent includes claims
directed to an innovative sleeping bag with, among other attributes, a self-sealing, vented
footbox. The '618 Design Patent claims an ornamental design for a sleeping bag ("the Sleeping
Bag Design"). The self-sealing vent of the '484 Patent and the Sleeping Bag Design are notably
practiced in the Backcountry Beds sold by Exxel's Sierra Designs division.
2.
This action arises from Defendant Marketfleet's importation, manufacture, use,
offer for sale, and sale of sleeping bags with the infringing self-sealing vent feature that also
utilizes Exxel's ornamental Sleeping Bag Design. The accused sleeping bags compete directly
with Exxel's sleeping bags, which practice the patented self-sealing vent feature and the Sleeping
Bag Design.
3.
Exxel Outdoors, LLC is a Delaware limited liability company with principal
operations in Boulder, Colorado. Exxel is an award-winning, world-renowned designer and

manufacturer of high quality innovative products for the outdoor industry. For nearly twenty
years, Exxel's innovations, designs, and top quality products have established its reputation as a
leader in the outdoor industry. Exxel is particularly known as a leader in camping equipment
including, but not limited to, sleeping bags. One of its award-winning product lines is the
Backcountry Bed product line, which is sold by Exxel's Sierra Designs division. Sierra
Designs is based in Boulder, Colorado and its principal operations are also in Boulder. Exxel has
applied for, and received, numerous patents directed to its Backcountry Bed product line,
including the '484 Patent and the '618 Design Patent.
4.
Defendant Marketfleet, Inc. is a Delaware corporation headquartered at 411 Main
Street, Suite 101, Chico, California. On information and belief, Defendant operates under and
uses the "Winterial" brand, including the marketing and sales associated with that brand.
5.
Defendant Marketfleet Sourcing, Inc. is a California corporation headquartered at
825 Main Street, Chico, California. On information and belief, Defendant operates under and
uses the "Winterial" brand, including the marketing and sales associated with that brand.
Jurisdiction & Venue

6.
This action arises under the patent laws of the United States, 35 U.S.C. 1 et seq.
This Court has federal question jurisdiction over this action under 28 U.S.C. 1331 and
1338(a).
7.
This Court has personal jurisdiction over Marketfleet, Inc. and Marketfleet
Sourcing, Inc. (collectively "Marketfleet") because they have transacted business and committed
acts of infringement in this district, and this action arises from those transactions of business and
infringement.
8.
Venue is proper in this district pursuant to 28 U.S.C. 1391(b), 1391(c) and
1400(b). Marketfleet has transacted business and committed acts of infringement in this district,
and this action arises from that transaction of business and infringement in this district. More
specifically:
a. On information and belief, Winterial is a brand that is wholly controlled and
owned by Marketfleet.
b. On information and belief, using its Winterial brand, Marketfleet generally
promotes and has promoted its products for sale, and offers and has offered its
products for sale to consumers within the District of Colorado.
c. On information and belief, using its Winterial brand, Marketfleet specifically
promotes and has promoted its products for sale, and offers and has offered its
products for sale to consumers in Breckenridge, Colorado.
d. On information and belief, using its Winterial brand, Marketfleet, its
employees, and its representatives attend and have attended events for the
purposes of sales and marketing in the district. Such events include but are
not limited to the X Games conducted in Aspen, Colorado.
e. On its own, and through its Winterial's brand website, available at:
http://www.winterial.com/winterial-zipperless-sleeping-bag.html (last
accessed: January 18, 2017) Marketfleet has sold, offered for sale, and/or
currently sells sleeping bags with the accused self-sealing vent feature and
using the accused Sleeping Bag Design, through this Winterial e-commerce
website within the District of Colorado.
f. On its own, and through affiliated websites including but not limited to
Amazon and Sears, Marketfleet has sold, offered for sale, and/or currently
sells sleeping bags with the accused self-sealing vent feature and using the
accused Sleeping Bag Design, within the District of Colorado.
g. On information and belief, Marketfleet has sold, offered for sale, and/or
currently sells and markets sleeping bags with the accused self-sealing vent
feature and using the accused Sleeping Bag Design, within the district.
Factual Background
A.
U.S. Patent No. 9,408,484

9.
Around 2013, Exxel employees designed the self-sealing vent feature for use in
sleeping bags. An exemplary illustration of the self-sealing vent feature (which provides a selfsealing vented footbox) claimed in the patent is depicted below ('484 Patent, Figures 12 and 13):
10.
In context, the '484 Patent describes the self-sealing vent feature used in a
sleeping bag, depicted below ('484 Patent, Figure 1):
11.
The self-sealing vent feature provides a zipperless foot vent in the lower portion
of the sleeping bag that closes when the feet of the user pass through the vent. As a result, a user
can easily enter and exit the sleeping bag without having to use zippers, Velcro, or other
fasteners. This makes use of the vent simple and efficient for users. The self-sealing vent
feature allows the sleeping bag to seal in and encase the user in the region otherwise exposable
by an open vent, once inside the sleeping bag. This encasement limits air flow and provides
thermal efficiency, keeping the user warm and comfortable inside the sleeping bag. These
benefits have made the self-sealing vent feature very popular with consumers and within the
industry. Exxel's Sierra Designs' Backcountry Bed product line has won multiple awards
based, in part, on the self-sealing vent feature. See Exhibit A.
12.
On August 9, 2016, the United States Patent and Trademark Office duly and
legally issued U.S. Patent No. 9,408,484, a copy of which is attached hereto as Exhibit B.
13.
The '484 Patent generally covers a sleeping bag that includes a passage that
enables a user to extend his or her feet through a vent, such that upon withdrawing the user's feet
from the vent, an outer panel is configured to return to overlapping face-to-face engagement with
an inner panel. This engagement causes the vent to self-seal. Thus, the '484 Patent covers a
sleeping bag that provides a zipperless foot vent in the lower portion of the sleeping bag that
opens when the feet of the user pass out through the vent, and closes when the feet of the user
pass back through the vent into the sleeping bag.
14.
Exxel has practiced the '484 Patent in connection with the commercialization of
the Backcountry Bed product line sold through Exxel's Sierra Designs division.
15.
Exxel is the owner by assignment of the entire right, title, and interest in and to
the '484 Patent, including the right to bring this suit for injunctive relief and damages.
16.
The '484 Patent is valid and enforceable.
17.
Pursuant to 35 U.S.C. 287, Exxel identifies the '484 Patent number on all of its
sleeping bags with the self-sealing vent feature. Specifically, Exxel has marked its Backcountry
Bed product line.
B.
U.S. Patent No. D742,618

18.
Around 2013, Exxel employees created an ornamental design for use in sleeping
bags reflected in the Sleeping Bag Design. A portion of the Sleeping Bag Design is depicted
below (the '618 Design Patent, Figure 1):
19.
The Sleeping Bag Design embodied in the '618 Design Patent is unique in its
ornamental design for a sleeping bag. As such, on November 10, 2015, the United States Patent
and Trademark Office duly and legally issued U.S. Patent No. D742,618, a copy of which is
attached hereto as Exhibit C.
20.
The '618 Design Patent covers the ornamental design reflected in Figures 1-7 of
the '618 Design Patent.

21.
Exxel has practiced the '618 Design Patent in connection with the
commercialization of the Backcountry Bed line sold through Exxel's Sierra Designs division,
as shown for example in the side-by-side comparison below:
Exxel's Backcountry Bed
'618 Design Patent
22.
The Backcountry Bed has won awards based on the Sleeping Bag Design, with
one writer awarding the Sierra Designs Backcountry Bed 800 the Top Pick Award in part for
having "the most unique design." See Exhibit A at 3.
23.
Exxel is the owner by assignment of the entire right, title, and interest in and to
the '618 Design Patent, including the right to bring this suit for injunctive relief and damages.
24.
The '618 Design Patent is valid and enforceable.
25.
Pursuant to 35 U.S.C. 287, Exxel prominently identifies the '618 Design Patent
number on all of its sleeping bags with the claimed ornamental design. Exxel has so marked its
Backcountry Bed line.
C.
Marketfleet's Infringement of the '484 Patent and the '618 Design Patent.
26.
Exxel's development of the self-sealing vent feature was a significant
improvement to sleeping bags used in outdoor recreation. The improvement was recognized by
the U.S. Patent Office's award of a patent for sleeping bags with that feature.
27.
Exxel's development of the Sleeping Bag Design was a unique development of
ornamental design for use in sleeping bags. This unique ornamental design was recognized by
the U.S. Patent Office's award of a patent for sleeping bags with that ornamental design.
28.
The significance of the self-sealing vent feature and the Sleeping Bag Design is
also reflected in Exxel's numerous awards for its Backcountry Bed. Exxel promotes the selfsealing vent feature and the Sleeping Bag Design in its marketing materials and in sales
throughout the United States.
29.
Sleeping bags using the self-sealing vent feature and the Sleeping Bag Design
have been commercially successful for Exxel since their introductions in the marketplace.
30.
Beginning at least in 2016, Defendant Marketfleet's Winterial branda
competitor of Exxel and its Sierra Designs divisionbegan promoting and selling sleeping bags
that copy Exxel's self-sealing vent feature and the Sleeping Bag Design. The product page for
Winterial's sleeping bag includes illustrations of its Winterial Zipperless Down Sleeping Bag
Product. These illustrations show that the sleeping bag infringes the self-sealing vent feature.
Remarkably, these illustrations appear to be copied from Figures 12 and 13 of the '484 Patent, as
shown below:
Winterial Zipperless Down Sleeping Bag

Product Illustrations
'484 Patent Drawings
31.
The product page for Winterial's sleeping bag also includes an illustrative
photograph that is nearly identical to Figure 2 of the '484 Patent and Figure 6 of the '618 Design
Patent, as shown below:
10
'484 Patent
32.
Winterial Zipperless Down

Sleeping Bag Illustration
The illustrative photograph is also nearly identical to Figure 6 of the '618 Design
Patent, as shown below:

'484 Patent
'618 Design Patent
11
33.
As described in more detail herein, Winterial's sleeping bags infringe Exxel's '484
Patent and Exxel's '618 Design Patent. Further, on information and belief, Marketfleet appeared
to have knowledge of the '484 Patent and the '618 Design Patent based at least on their copying
of Exxel's patent drawings.
34.
On October 27, 2016, Exxel obtained a Winterial Zipperless Down Sleeping Bag
from Amazon.com for $199.99. Backcountry Bed products range in price up to $469.95.
Amazon.com identified the vendor of the product as Marketfleet. The allegations of
infringement are based in part upon inspection of the purchased product. The photographs
shown in Exhibits E & F are of the purchased product.
35.
Marketing materials showing and describing an infringing Winterial sleeping bag
are attached hereto as Exhibit D. In addition to the illustrations noted above, Winterial's website
includes customer reviews noting that the Winterial Zipperless Down Sleeping Bag includes the
infringing self-sealing vent feature. For example, the Winterial website includes a comment that
reads, in part, as follows:
Another feature which adds to the temperature flexibility is the
overlapped fabric flap underneath the foot area, which work like
the finger pouch on some mittens which fold back to allow finger
use. Using this flap, you can slide your feet out completely, or just
open it a bit to allow airflow into the bag.
See Exhibit D at 5. (emphasis added)
36.
Marketfleet does not have a license, or any other authorization, from Exxel to
make, use, offer for sale, sell, or import the inventions covered by the claims of the '484 Patent.
37.
Marketfleet does not have a license, or any other authorization, from Exxel to
make, use, offer for sale, sell, or import sleeping bags using the ornamental design covered by
the '618 Design Patent.
12
38.
Marketfleet does not have authorization from Exxel to incorporate the patented
self-sealing vent feature or the Sleeping Bag Design into sleeping bags sold or manufactured
through Marketfleet's Winterial brand or otherwise.
39.
Moreover, given Exxel's continuous marking of its Backcountry Bed with the
'484 Patent, Marketfleet knew or should have known that its self-sealing vent feature infringed
the '484 Patent. Similarly, given Exxel's continuous marking of its Backcountry Bed with the
'618 Design Patent, Marketfleet knew or should have known that its Sleeping Bag Design
infringed the '618 Design Patent. On information and belief, the source for Marketfleet's
marketing illustrations for its Winterial sleeping bags is the series of drawings contained in the
'484 Patent and the '618 Design Patent.
40.
On or around October 13, 2016, Exxel, through counsel, sent a written notice
letter to Marketfleet that its sleeping bags infringed the '484 Patent and the '618 Design Patent.
A copy of the letter, which was sent via U.S. Mail and electronically by email, is attached as
Exhibit G.
41.
Thus, no later than October 13, 2016and likely much earlierMarketfleet had
actual knowledge of the '484 Patent and the '618 Design Patent as well as its direct infringement
of those patents.
42.
As a result of Marketfleet's willful infringement of the '880 Patent, Exxel has lost
sales to Marketfleet. Further, Exxel has been and continues to be damaged by Marketfleet's
infringing conduct.
13
COUNT I: WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,408,484

43.
Exxel repeats the allegations of paragraphs 1-42 above as if fully set forth herein.
44.
Marketfleet has directly (literally and under the doctrine of equivalents) infringed
at least claims 1-4 of the '484 Patent by making, using, selling, offering to sell, or importing
without authority products, including but not limited to the Winterial Zipperless Down Sleeping
Bag. The Winterial Zipperless Down Sleeping Bag includes a self-sealing vent feature that is
covered by the claims of the '484 Patent.
45.
For example, Claim 1 of the '484 Patent recites:
46.
Marketfleet's Winterial Zipperless Down Sleeping Bag meets these limitations.
First, the sleeping bag comprises an elongate shell defining an inner volume sized and shaped to
receive a user therein, the shell having a head portion, a foot portion, a middle portion extending
longitudinally between the head and foot portions, as shown in Exhibit E at 1.
14
47.
Second, the sleeping bag includes an overlying portion adapted to overlie the user
during use and an underlying portion adapted to underlie the user during use, as shown in
Exhibit E at 2.
48.
The sleeping bag also includes the vent of the '484 patent. The Winterial sleeping
bag's vent is selectively moveable between a closed and an opened configuration to enable the
user to access the exterior of the sleeping bag from within the sleeping bag, wherein the vent
includes an inner and outer panel that cooperate to define a portion of the underlying portion of
the shell, as shown in Exhibit E at 3-4.
49.
Claim 2 of the '484 Patent recites as follows:
50.
The inner panel of the vent has an inner free edge and the outer panel of the vent has an outer
free edge and the inner free edge and the outer free edge are spaced a predetermined distance
apart, as shown in Exhibit E at 5.
51.
Further, Claim 3 of the '484 Patent recites:
52.
The predetermined distance shown above is adapted to enable the sealing of the vent and to
enable the user to extend his or her feet through the vent, as shown in Exhibit E at 6.
15
53.
Claim 4 of the '484 Patent recites:
54.
The opening of the vent is located in the underlying portion of the shell. The opening extends
across a portion of the underlying portion of the shell perpendicularly to the longitudinal
centerline, as shown in Exhibit E at 7.
55.
Marketfleet's infringement, in light of its awareness of the '484 Patent, is reckless.
56.
Marketfleet knew, or should have known that making, offering, and selling the
accused products constituted an infringement of the claims of the '484 Patent.

57.
Marketfleet's infringement has been, and continues to be, willful.
58.
Exxel has been and continues to be damaged by Marketfleet infringement of the
'484 Patent, in an amount to be determined at trial.

59.
Exxel has suffered irreparable injury for which there is no adequate remedy at law
and will continue to suffer such irreparable injury unless Marketfleet's infringement of the '484
Patent is enjoined by this Court.
60.
Marketfleet's infringement of the '484 Patent is exceptional and entitles Exxel to
attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. 285.
COUNT II: WILLFUL INFRINGEMENT OF U.S. PATENT NO. D742,618
61.
Exxel repeats the allegations of paragraphs 1-60 above as if fully set forth herein.
16
62.
Marketfleet has directly infringed the '618 Design Patent, or any colorable
imitation thereof, by making, using, selling, offering to sell, or importing without authority
products, including but not limited to the Winterial Zipperless Down Sleeping Bag, with an
ornamental design of the Sleeping Bag Design covered by the claim of the '618 Design Patent or
colorable imitations thereof.
63.
The '618 Design Patent claims:
64.
The '618 Design Patent includes seven associated design figures. Marketfleet's
Winterial Zipperless Down Sleeping Bag meets the claim limitation of the '618 Patent or
colorable imitations thereof. Specifically, the Winterial Zipperless Down Sleeping Bag uses the
ornamental design of the figures of the '618 Design Patent or colorable imitations thereof, as
shown below in the Exhibit F comparison between the patent figures and Marketfleet's Winterial
Zipperless Down Sleeping Bag. See Exhibit F at 1-4.
65.
Marketfleet's infringement, in light of its awareness of the '618 Design Patent, is
reckless.
66.
Marketfleet knew, or should have known that making, offering, and selling the
accused products constituted an infringement of the claim of the '618 Design Patent.
67.
Marketfleet's infringement has been, and continues to be, willful.
68.
Exxel has been and continues to be damaged by Marketfleet infringement of the
'618 Design Patent in an amount to be determined at trial.
17
69.
Exxel has suffered irreparable injury for which there is no adequate remedy at law
and will continue to suffer such irreparable injury unless Marketfleet's infringement of the '618
Design Patent is enjoined by this Court.
70.
Marketfleet's infringement of the '618 Design Patent is exceptional and entitles
Exxel to attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. 285.
DEMAND FOR JURY
Pursuant to Federal Rule of Civil Procedure 38, Exxel demands trial by jury on all triable
issues.
Prayer for Relief
WHEREFORE, Exxel respectfully requests the Court to enter judgment for it and against
Marketfleet holding that:
A.
Marketfleet has infringed the '484 Patent;
B.
Marketfleet has infringed the '618 Design Patent;
C.
Marketfleet, its officers, agents, employees, and those persons in active concert or
participation with it or any of them, and its successors and assigns, be permanently enjoined
from infringement of the '484 Patent and the '618 Design Patent, including, but not limited to, an
injunction against making, using, selling, and/or offering for sale within the United States, and/or
importing into the United States, any product that infringes the '484 Patent and the '618 Design
Patent;
D.
Exxel be awarded damages adequate to compensate it for Marketfleet's
infringement of the '484 Patent and the '618 Design Patent, such damages to be determined by a
jury;
18
E.
Exxel be awarded treble damages because Marketfleet willfully infringed the '484
Patent and '618 Design Patent;

F.
This case be declared exceptional within the meaning of 35 U.S.C. 285 and that
Exxel be awarded attorneys' fees, costs, and expenses incurred in connection with this action;
G.
Exxel be awarded pre-judgment and post-judgment interest at the maximum rate
allowed by law; and

H.
Exxel be awarded such other and further relief as this Court deems just and
proper.
Dated: January 18, 2017
Respectfully submitted,
s/ Reid A. Page
Reid A. Page
STINSON LEONARD STREET LLP
6400 S Fiddlers Green Circle, Suite 1900
Greenwood Village, CO 80111
Telephone: (303) 376-8400
Facsimile: (303) 376-8439
reid.page@stinson.com
B. Scott Eidson
Samir R. Mehta
STINSON LEONARD STREET LLP
7700 Forsyth Boulevard, Suite 1100
Saint Louis, MO 63105
Telephone: (314) 863-0800
Facsimile: (314) 259-3924
scott.eidson@stinson.com
samir.mehta@stinson.com
Attorneys for Plaintiff Exxel Outdoors, LLC
19
Case 1:17-cv-00163 Document 1-1 Filed 01/18/17 USDC Colorado Page 1 of 3
Exhibit A
Exhibit B
Exhibit C
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Description
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90%duckdownIntegratedwarmcomforterforeasytemperaturefluctuation/+20Fdegreeextremewarminanycondition!
TheIntuitiveshapeofthebagtrapsheatbetterthananybag!
Compressionsackallowsthebacktocompressinto17"x14"x13"Only3.2pounds!
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Whenitcomestosleepingcomfortablybeneaththestars,weatWinterialhaveyoucovered.OurWinterialzipperlesssleepingbagisoneofthemostversatileandintuitivesleepingbagson
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Sleepingintheoutdoorscanbecoldorhot,andthisbagisperfectforanytemps!Buythisbag,forthehighpriceitisworthit.
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Limitation
A sleeping bag
comprising an
elongate shell
defining an
inner volume
sized and
shaped to
receive a user
therein, the
shell having a
head portion, a
foot portion, a
middle portion
extending
longitudinally
between the
head and foot
portions
Marketfleet Infringing Product
Sleeping bag comprising

elongate shell
Head
portion
Inner
volume
Foot
portion
Marketfleet Illustration
Inner volume
sized and
shaped to
receive a user
therein
Middle
portion
Exhibit E
Limitation
an overlying
portion adapted
to overlie the
user during use
Overlying portion is
the upper portion of
the sleeping bag,
facing up here
an underlying
portion adapted
to underlie the
user during use
Underlying portion is the

lower portion of the sleeping
bag, facing up here
In use, the overlying

portion is over the
user
In use, the underlying

portion is under the user
Limitation
a vent, the vent

being selectively
moveable
between a closed
configuration and
an opened
configuration to
enable the user to
access the
exterior of the
sleeping bag from
within the
sleeping bag
Vent in the closed

configuration
Vent in the
open
configuration
the vent
comprising an
inner panel and
an outer panel
which cooperate
to define at least
a portion of the
underlying
portion of the
shell, the inner
panel being
positioned in
overlapping faceto-face
engagement with
the outer panel in
the closed
configuration
Outer
panel
Inner
panel
Inner panel
positioned in
overlapping face-toface engagement with
outer panel in closed
configuration
Vent in the open

configuration enabling
the user to access the
exterior of the sleeping
bag from within the
sleeping bag
Inner panel
positioned in
overlapping face-toface engagement with
outer panel in closed
configuration
the outer panel
being spaced
from the inner
panel in the
opened
configuration to
define a passage
to enable the user
to extend his or
her feet through
the vent, wherein
upon
withdrawing the
feet from the
vent, the outer
panel is
configured to
automatically
return to the
overlapping faceto-face
engagement with
the inner panel to
self-seal the vent
in the closed
configuration
Outer panel
automatically returns
to overlapping faceto-face engagement
with inner panel to
self-seal vent
Outer panel spaced from

inner panel in the opened
configuration to define a
passage to enable user to
extend feet through vent
Passage enables
user to pass feet
through vent
Limitation
The sleeping bag
as set forth in
claim 1 wherein
the inner panel
has an inner
free edge and
the outer panel
has an outer
free edge, the
inner free edge
being spaced a
predetermined
distance from
the outer free
edge.

Inner free
edge not
visible when
Predetermined
distance
Outer free
edge
Inner free
edge
Predetermined
distance
Outer
free
edge
The sleeping bag

as set forth in
claim 2 wherein
the
predetermined
distance is
adapted to
enable sealing
the vent and to
enable the user
to extend his or
her feet through
the vent.
Predetermined distance
enables sealing the vent in
closed configuration
Predetermined distance enables

the user to extend feet through
vent in open configuration
Limitation
The sleeping bag
as set forth in
claim 1 wherein
the shell has a
longitudinal
centerline and
the vent has an
opening, the
opening of the
vent being
located in the
underlying
portion of the
shell, the
opening
extending across
a portion of the
underlying
portion of the
shell
substantially
perpendicular to
the longitudinal
centerline.
Longitudinal centerline
Vent in underlying portion of shell,

substantially perpendicular to
longitudinal centerline
Figure
Exhibit F

Scott Eidson
314.259.4575 DIRECT
314.259.3924 DIRECT FAX
scott.eidson@stinson.com
October 13, 2016

Via UPS Overnight Delivery
Aaron J. Stewart
Registered Agent for Marketfleet Sourcing, Inc.
2619 Forest Avenue, Suite 100
Chico, California 95928
Re: Notice of Patent Infringement: Winterial Zipperless Down Sleeping Bag.
Dear Mr. Stewart:
Please be advised that this firm represents Exxel Outdoors, LLC ("Exxel") in its intellectual
property matters. Exxel is a market leader in providing innovative products for the outdoor industry.
One of its award-winning products is the Backcountry Bed (https://sierradesigns.com/backcountrybed-800-2-season/), which is sold by its Sierra Designs division. Exxel has applied for, and received,
numerous patents directed to its Backcountry Bed product.
It has come to Exxel's attention that Marketfleet is selling a product that infringes several Exxel
patents related to the Backcountry Bed. Specifically, Marketfleet's WINTERIAL Zipperless Down
Sleeping Bag ("Infringing Product") infringes, at least, Exxel's: (1) U.S. Pat. Nos. 9,408,484 and
D742,618; (2) EP Pat. Nos. 002419549-01 and 002419549-02; and (3) Canadian Pat. Nos. 155506 and
160422 (Collectively, "Zipperless Sleeping Bag Patents"). Copies of these patents are attached to this
letter for your convenience. An example of this infringement can be found at Amazon.com:
https://www.amazon.com/dp/B01GF0C2MM/ref=cm_sw_r_other_apa_5D36xb40VGR5F
Another example of this infringement can be found on Winterial's website:
http://www.winterial.com/sleeping-bags/winterial-zipperless-sleeping-bag.html
We have notified Amazon.com of our patent rights and asked that they immediately remove the
Infringing Product from its website. In addition, Winterial's own website offers the Infringing Product
for sale, and seems to use copies of proprietary Sierra Designs marketing materials to tout features of
the Infringing Product. For instance, Sierra Designs created technical diagrams to illustrate its
patented zipperless footbox feature. As seen below, these same diagrams, with altered coloring, are
used by Winterial to sell Infringing Product on its website.
Exhibit G
7700 FORSYTH BLVD, SUITE 1100 ST. LOUIS, MO 63105

STINSON.COM
314.863.0800 MAIN 314.863.9388 FAX

Winterial Infringement
October 13, 2016
Page 2
Sierra Designs Marketing Diagrams
Winterial Website Copying Sierra Designs
Winterial's website contains other examples of its copying, alteration, and use of Sierra
Designs' marketing materials. Using these materials in an attempt to pass them off as Winterial's
owncoupled with selling a knock-off productconveys an intent to willfully copy the Backcountry
Bed and infringe its patented features. This type of willful copying could subject Marketfleet to
attorneys' fees and treble damages for patent infringement should Exxel be required to enforce its
patent rights in court.
To that end, Exxel will take legal action to protect its patent rights unless the parties are able to
resolve this matter amicably. Accordingly, Exxel requests that Winterial take the following steps
within ten (10) days from the date of this letter:
(1) Immediately, upon receipt of this letter, cease and desist from all further sales, offers for
sale, distribution, manufacturing, importing, exporting, advertising, or promotion of any
Infringing Product;
(2) Immediately remove the Infringing Product from Amazon.com and all other websites;
(3) Provide confirmation that you will no longer sell, or offer to sell, the Infringing Product and
will destroy all Infringing Products in your possession, custody, or control; and
(4) Provide me with a full accounting of all Infringing Product that has been manufactured or
sold to date.

Winterial Infringement
October 13, 2016
Page 3
If we do not receive a timely and satisfactory response, Exxel will have no choice but to file a
lawsuit to protect its intellectual property rights. Thank you in advance for your attention and prompt
response to this letter.
Best regards,
Stinson Leonard Street LLP
Scott Eidson
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Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 1 of 19

THE UNITED STATES DISTRICT COURT

EXXEL OUTDOORS, LLC

COMPLAINT FOR PATENT INFRINGEMENT

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 2 of 19

This action arises from Defendant Marketfleet's importation, manufacture, use,

Exxel Outdoors, LLC is a Delaware limited liability company with principal

operations in Boulder, Colorado. Exxel is an award-winning, world-renowned designer and

Defendant Marketfleet, Inc. is a Delaware corporation headquartered at 411 Main

Defendant Marketfleet Sourcing, Inc. is a California corporation headquartered at

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 3 of 19

Jurisdiction & Venue

Venue is proper in this district pursuant to 28 U.S.C. 1391(b), 1391(c) and

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 4 of 19

U.S. Patent No. 9,408,484

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 5 of 19

sleeping bag, depicted below ('484 Patent, Figure 1):

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 6 of 19

The '484 Patent is valid and enforceable.

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 7 of 19

U.S. Patent No. D742,618

the '618 Design Patent.

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 8 of 19

Exxel's Backcountry Bed

'618 Design Patent

The '618 Design Patent is valid and enforceable.

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 9 of 19

Exxel's development of the self-sealing vent feature was a significant

Exxel's development of the Sleeping Bag Design was a unique development of

Beginning at least in 2016, Defendant Marketfleet's Winterial branda

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 10 of 19

Winterial Zipperless Down Sleeping Bag

'484 Patent Drawings

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 11 of 19

Winterial Zipperless Down

Patent, as shown below:

'618 Design Patent

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 12 of 19

Marketing materials showing and describing an infringing Winterial sleeping bag

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 13 of 19

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 14 of 19

COUNT I: WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,408,484

For example, Claim 1 of the '484 Patent recites:

Marketfleet's Winterial Zipperless Down Sleeping Bag meets these limitations.

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 15 of 19

Claim 2 of the '484 Patent recites as follows:

Marketfleet's Winterial Zipperless Down Sleeping Bag meets these limitations.

Further, Claim 3 of the '484 Patent recites:

Marketfleet's Winterial Zipperless Down Sleeping Bag meets these limitations.

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 16 of 19

Claim 4 of the '484 Patent recites:

Marketfleet's Winterial Zipperless Down Sleeping Bag meets these limitations.

Marketfleet's infringement, in light of its awareness of the '484 Patent, is reckless.

accused products constituted an infringement of the claims of the '484 Patent.

Marketfleet's infringement has been, and continues to be, willful.

Exxel has been and continues to be damaged by Marketfleet infringement of the

'484 Patent, in an amount to be determined at trial.

Marketfleet's infringement of the '484 Patent is exceptional and entitles Exxel to

Case 1:17-cv-00163 Document 1 Filed 01/18/17 USDC Colorado Page 17 of 19

The '618 Design Patent claims:

Marketfleet's infringement, in light of its awareness of the '618 Design Patent, is

Marketfleet's infringement has been, and continues to be, willful.

Exxel has been and continues to be damaged by Marketfleet infringement of the

'618 Design Patent in an amount to be determined at trial.