Outdoor Edge Cutlery v. Am. Outdoor Brands - Complaint

Case 1:20-cv-00105-MEH Document 1 Filed 01/14/20 USDC Colorado Page 1 of 13
IN THE UNITED STATES DISTRICT COURT

DISTRICT OF COLORADO
Civil Action No. ___________
OUTDOOR EDGE CUTLERY CORPORATION,
Plaintiff,
v.
AMERICAN OUTDOOR BRANDS CORPORATION,
Defendant.
COMPLAINT WITH JURY DEMAND
Plaintiff Outdoor Edge Cutlery Corporation (“Outdoor Edge” or “Plaintiff”), by and
through its undersigned counsel, submits its Complaint with Jury Demand against American
Outdoor Brands Corporation (“AOB” or “Defendant”), and states as follows:
I. PARTIES
1. Outdoor Edge is a company formed under the laws of the state of Colorado and
has a principal place of business at 5000 Osage Street, Suite 800, Denver, Colorado 80221.
2. Upon information and belief, Defendant American Outdoor Brands Corporation is
a company formed under the laws of the state of Nevada and has a principal place of business at
2100 Roosevelt Avenue, Springfield, Massachusetts 01104. Upon information and belief,
Defendant has promoted, offered for sale and/or used its Old Timer® products identified herein
throughout the United States and in Colorado.
4853-0026-1297.3 1
II. JURISDICTION AND VENUE
3. This is a civil action to combat Defendant’s infringement of Outdoor Edge’s
exclusive rights under the patent laws of the United States, 35 U.S.C. § 101, et seq., unfair
competition and unjust enrichment in violation of the common law of the State of Colorado,
violation of the Colorado Consumer Protection Act, §§ 6-1-101 through 115; and for an
accounting.
4. This Court has original subject matter jurisdiction of this action pursuant to 28
U.S.C. §§ 1331 and 1338(a), and supplemental jurisdiction under 28 U.S.C. §§ 1367(a).
5. This Court has personal jurisdiction over Defendant, as Defendant has conducted
substantial business in this district over a long period of time, including through direct sales to
consumers and potential consumers in Colorado. Based upon their extensive commercial
activities and presence, it is foreseeable that Defendant regularly conducts business within this
judicial district and has availed itself of the laws of Colorado.
6. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400.
III. GENERAL ALLEGATIONS
Outdoor Edge’s History of Innovation
7. For 31 years, Outdoor Edge has been engaged in the business of designing and
distributing high quality outdoor equipment for hunting, fishing and other outdoor industries.
Outdoor Edge, through its continuous improvement and innovation programs and extensive
field-testing, provides products that not only meet but exceed a rigorous set of performance
standards. As a result of this history of improvement and innovation, Outdoor Edge has become
recognized as one of the finest designers and manufacturers of knives and knife accessories in
4853-0026-1297.3 2
the United States. Outdoor Edge has been awarded over 36 U.S. patents for its novel outdoor
products, as well as many other foreign patents.
8. One of the patents Outdoor Edge has been awarded is U.S. Patent No. 10,518,425,
which was issued by the U.S. Patent & Trademark Office (“USPTO”) on December 31, 2019
(“the ‘425 Patent”). See Exhibit 1. The ‘425 Patent is directed to a novel folding knife with a
replaceable blade. The ‘425 Patent was duly examined and is presumed valid and enforceable.
9. Claim 1 of the ‘425 Patent recites “A knife comprising: a handle with an upper
surface when the knife is in an upright position; a first blade carrier having a proximal end
positioned within the handle and a first distal end, the first blade carrier having a [sic] first upper
surface and a first lower surface positioned opposite from the first upper surface, wherein the
first distal end interconnects the first upper surface and the first lower surface; a second blade
carrier spaced from, and fixed relative to, the first blade carrier, the second blade carrier having a
proximal end positioned within the handle and a second distal end, the second blade carrier
having a second upper surface and a second lower surface positioned opposite from the second
upper surface, wherein the second distal end interconnects the second upper surface and the
second lower surface; an upper wall interconnecting the first upper surface and second upper
surface; wherein the first lower surface includes a first straight segment and a second segment
that deviates from the first straight segment of the first lower surface; wherein at least a portion
of the first lower surface is spaced from at least a portion of the second lower surface when the
knife is in the upright position, and wherein the first distal end is spaced from the second distal
end when the knife is in the upright position; a replaceable blade positioned between the first
blade carrier and the second blade carrier, the replaceable blade having a cutting edge, the
4853-0026-1297.3 3
majority of which is exposed when the replaceable blade is positioned between the first blade
carrier and the second blade carrier, and an upper surface positioned opposite the cutting edge; a
replaceable blade release mechanism associated with at least one of the first and second blade
carrier; and, a seat member configured to selectively receive a portion of the replaceable blade,
the seat member positioned between the first blade carrier and the second blade carrier, and
wherein a portion of the seat member spaced from the upper wall.”
10. Another patent Outdoor Edge has been awarded is U.S. Patent No. D869,254,
which was issued by the USPTO on March 22, 2016 (“the ‘254 Patent”). See Exhibit 2. The
‘254 Patent is for a novel ornamental design for a replaceable blade. The ‘254 Patent was duly
examined and is presumed valid and enforceable.
11. Another patent Outdoor Edge has been awarded is U.S. Patent No. D751,882,
which was issued by the USPTO on March 22, 2016 (“the ‘882 Patent”). See Exhibit 3. The
‘882 Patent is for a novel ornamental design for a replaceable blade. The ‘882 Patent was duly
examined and is presumed valid and enforceable.
12. Outdoor Edge has manufactured and sold products covered by the ‘425, ‘882 and
‘254 Patents in Colorado and throughout the United States since at least as early as July of 2013.
The Outdoor Edge products covered by the ‘425, ‘882 and ‘254 Patents (“the RazorLite
Products”) have enjoyed significant commercial success, and are recognized as being affiliated
and/or associated with Outdoor Edge due in part to their unique design and configuration.
Images of the RazorLite Products are depicted in Exhibit 4.
4853-0026-1297.3 4
IV. DEFENDANT’S UNLAWFUL CONDUCT
13. In January 2020, Outdoor Edge discovered that Defendant began making,
promoting, offering for sale and selling a product referred to as the “Old Timer Knife.” See
Exhibit 5. As described in detail below, Defendant’s Old Timer Knife product incorporates the
same claimed features as the ‘425 Patent, and incorporates the same ornamental features claimed
in the ‘882 and ‘254 Patents. For instance, the Defendant’s product includes at least every
element of claim 1 of the ‘425 Patent. Further, the size, shape, and configuration of the blade, of
Defendant’s product are identical to the design claimed in the ‘882 and ‘254 Patents.
14. Defendant has initiated manufacturing for the Old Timer Knife product and has
already begun promoting and offering to sell the same to consumers and wholesale
dealers/distributors of knife products. Upon information and belief, current consumers and
wholesale dealers/distributors as well as potential consumers and wholesale dealers/distributors
may place pre-orders of Defendant’s Old Timer Knife products with estimated delivery in
March, 2020.
15. Outdoor Edge has not licensed or given authority to Defendant or anyone else to
make, have made, use, import, offer for sale or sell the products encompassed by the ‘425, ‘882
and ‘254 Patents. Thus, Defendant’s activity related to the “Old Timer Blade” shown in Exhibit
5 (“the Accused Products”) is unlawful and results in infringement of Outdoor Edge’s valuable
patent rights. Upon information and belief, Defendant’s infringement has been knowingly and
intentional, resulting in Defendant’s willful infringement. Upon information and belief,
Defendant’s infringing activity has occurred within the State of Colorado, resulting in sales of
the Accused Products to wholesale dealer/distributors and consumers residing in Colorado.
4853-0026-1297.3 5
V. FIRST CLAIM FOR RELIEF

(Federal Patent Infringement of U.S. Patent No. 10,518,425)
16. Outdoor Edge realleges and incorporates by reference the allegations contained in
Paragraphs 1-15 above.
17. Defendant’s activities in making, using, selling and/or offering to sell in the
United States and/or importing into the United States the Accused Products constitutes direct
infringement of the ‘425 Patent in violation of 35 U.S.C. § 271(a).
18. Defendant’s actions of making, having made, importing, using or selling products
which infringe the ‘425 Patent have been, and are, willful, deliberate and/or in conscious
disregard of Outdoor Edge’s rights, making this an exceptional case within the meaning of 35
U.S.C. § 285 and entitling Outdoor Edge to an award of its attorney’s fees and treble damages.
19. Defendant’s infringement of the ‘425 Patent has caused and will continue to cause
damage to Outdoor Edge in an amount to be ascertained at trial.
irreparable injury to Outdoor Edge, to which there exists no adequate remedy at law.
Defendant’s infringement of the ‘425 Patent will continue unless enjoined by this Court.
VI. SECOND CLAIM FOR RELIEF

(Federal Patent Infringement of U.S. Patent No. D751,882)
4853-0026-1297.3 6
VII. THIRD CLAIM FOR RELIEF

(Federal Patent Infringement of U.S. Patent No. D869,254)
4853-0026-1297.3 7
VIII. FOURTH CLAIM FOR RELIEF

(Colorado Common Law Unfair Competition)
32. Defendant has misappropriated valuable property rights of Outdoor Edge, and is
trading on the goodwill symbolized by the distinctive and highly recognizable characteristics of
Outdoor Edge’s RazorLite Products. Defendant’s unlawful conduct is likely to confuse and
deceive members of the purchasing public. By this and other conduct, Defendant has engaged in
unfair competition.
33. By its conduct, Defendant has caused and, unless restrained and enjoined by the
Court, will continue to cause damage to Outdoor Edge.
34. Unless restrained and enjoined, Defendant’s acts of unfair competition will cause
Outdoor Edge irreparable injury. Outdoor Edge has no adequate remedy at law for the injuries
that have been and will continue to be sustained as a result of Defendant’s conduct.
IX. FIFTH CLAIM FOR RELIEF

(Colorado Common Law Unjust Enrichment)
4853-0026-1297.3 8
36. As a direct and proximate result of Defendant’s unlawful conduct, Defendant has
appreciated a benefit under circumstances that would be inequitable for Defendant to retain
without payments to Outdoor Edge.
37. Unless restrained and enjoined, Defendant’s unjust enrichment will cause Outdoor
Edge irreparable injury. Outdoor Edge has no adequate remedy at law for the injuries that have
been and will continue to be sustained as a result of Defendant’s conduct.
X. SIXTH CLAIM FOR RELIEF

(Deceptive Trade Practice Under COLO. REV. STAT. § 6-1-105)
39. By the actions described above, Defendant has engaged in a deceptive trade
practice, a defined by the Colo. Rev. Stat. §§ 6-1-101 et seq.
40. Upon information and belief, the acts of Defendant have caused and will continue
to cause confusion, mistake, or deception among consumers or potential consumers as to the
source or origin of Defendant’s goods.
41. Upon information and belief, Defendant’s wrongful actions were committed with
intent to deceive the public and with willful and wonton disregard of the laws of the State of
Colorado and Outdoor Edge’s rights.
42. As a result of Defendant’s unlawful actions, Outdoor Edge has suffered
commercial harm.
43. Outdoor Edge has been and will continue to be irreparably harmed by
Defendant’s unlawful action. Outdoor Edge has no adequate remedy at law.
4853-0026-1297.3 9
XI. SEVENTH CLAIM FOR RELIEF

(Accounting)
45. Defendant has or intends to have manufactured, imported, sold, used and/or
distributed products which directly infringe and/or misappropriate the exclusive rights of
Outdoor Edge. Defendant will therefore deprive Outdoor Edge of sales, profits and/or royalties,
which it otherwise would have made, and which have resulted in the unjust enrichment of
Defendant to the detriment of Outdoor Edge. Defendant’s actions have resulted in improper
profits, revenues, and other financial gains to Defendant for which Outdoor Edge is entitled to
reimbursement.
46. Outdoor Edge does not know the precise number of Accused Products sold or the
amount of revenue and profits realized by Defendant, which information is uniquely within the
knowledge of Defendant. Outdoor Edge is therefore entitled to an accounting, at Defendant’s
expense, to determine the amount of profits, revenue and other gains Defendant has unjustly
obtained.
XII. PRAYER FOR RELIEF
WHEREFORE, Outdoor Edge requests that judgment be entered in its favor and against
Defendant as follows:
1. Declaration that Defendant has infringed U.S. Patent No. 10,518,425;
2. Declaration that Defendant has infringed U.S. Design Patent No. D751,882;
3. Declaration that Defendant has infringed U.S. Design Patent No. D869,254;
4853-0026-1297.3 10
4. Issuing temporary, preliminary, and permanent injunctions enjoining Defendant,
its officers, agents, subsidiaries, and employees, and those in privity with or that act in concert
with any of the foregoing, from:
A. further infringing U.S. Patent No. 10,518,425, pursuant to 35 U.S.C. §
283, by importing, making, having made, offering for sale or selling the
Accused Products;
B. further infringing U.S. Design Patent No. D751,882, pursuant to 35 U.S.C.
§ 283, by importing, making, having made, offering for sale or selling the
Accused Products;
C. further infringing U.S. Design Patent No. D869,254, pursuant to 35 U.S.C.
§ 283, by importing, making, having made, offering for sale or selling the
Accused Products;
D. engaging in any other act or thing likely to confuse, mislead or deceive
others into believing that Defendant, or its products, are connected with or
sponsored, licensed or approved by Outdoor Edge; and
E. engaging in any other activity constituting unfair competition with
Outdoor Edge, or constituting an infringement or misappropriation of
Outdoor Edge’s exclusive rights.
5. Ordering that all labels, signs, prints, packages, wrappers, receptacles, and
advertisements in the possession of Defendant bearing or referring to the Accused Products, or
any colorable imitation thereof, and all plates, molds, matrices, and other means of making the
same, be delivered to Outdoor Edge for destruction;
4853-0026-1297.3 11
6. Ordering Defendant to file with the Court and serve on Outdoor Edge’s counsel
within 30 days after service of the injunction, a written report, sworn under oath, setting forth in
detail the manner and form in which Defendant has complied with the injunction;
7. For an accounting of all profits derived from Defendant’s unlawful conduct,
including infringement of U.S. Design Patent No. D751,882, at Defendant’s expense, and
trebling those damages;
8. For an accounting of all profits derived from Defendant’s unlawful conduct,
including infringement of U.S. Design Patent No. D869,254, at Defendant’s expense, and
trebling those damages;
9. Awarding Outdoor Edge damages arising out of Defendant’s infringement of U.S.
Patent No. 10,518,425 in an amount no less than a reasonable royalty for each act of
infringement, pursuant to 35 U.S.C. § 284, and trebling those damages;
10. Finding that this is an “exceptional case” within the meaning of 35 U.S.C. § 285
and awarding reasonable attorneys’ fees to Outdoor Edge;
11. For exemplary and/or punitive damages;
12. For recovery of costs, pre-judgment and post-judgment interest to the extent
applicable; and
13. For such other relief as the Court may deem just and proper.
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Outdoor Edge demands a
trial by jury on all issues so triable.
4853-0026-1297.3 12
Dated: January 14, 2020 Respectfully Submitted,
By: /s/Ian R. Walsworth

Ian R. Walsworth
LEWIS BRISBOIS BISGAARD & SMITH LLP
1700 Lincoln Street, Suite 4000
Denver, Colorado 80203
Phone: (303) 861-7760
E-mail: Ian.Walsworth@LewisBrisbois.com
Attorneys for Outdoor Edge Cutlery Corporation
Plaintiff
Outdoor Edge Cutlery Corporation
5000 Osage Street, Suite 800
Denver, Colorado 80221
4853-0026-1297.3 13
Case 1:20-cv-00105-MEH Document 1-1 Filed 01/14/20 USDC Colorado Page 1 of 2
JS 44 (Rev. 06/17) District of Colorado 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

OUTDOOR EDGE CUTLERY CORPORATION AMERICAN OUTDOOR BRANDS CORPORATION
(b) County of Residence of First Listed Plaintiff Denver County County of Residence of First Listed Defendant Hampden County
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
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(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Ian Walsworth, Lewis Brisbois Bisgaard & Smith LLP

1700 Lincoln St., Suite 4000, Denver, CO 80203 (303) 861-7767
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’ 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
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Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
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VI. CAUSE OF ACTION Brief description of cause: AP Docket
Patent Infringement
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
01/14/2020 /s/ Ian R. Walsworth
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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EXHIBIT 1
US 10,518,425 B2
11 12
blade lock release button 230. This allows a user to distin- thereof herein is meant to encompass the items listed there-
guish the guard 234 from the handle 206 and/or the replace- after and equivalents thereof as well as additional items.
able blade lock release button 230, thus further enhancing What is claimed is:
the user's ability to determine, by touch, when a finger, 1. A knife, comprising:
hand, or other member is close to the replaceable blade lock 5 a handle with an upper surface when the knife is in an
release button 230, and thus to avoid accidental operation upright position;
thereof. Additionally, portions of the guard 234 extend from a first blade carrier having a proximal end positioned
the handle 206 by approximately the same distance that the within the handle and a first distal end, the first blade
replaceable blade lock release button 230 extends from the carrier having a having a first upper surface and a first
handle 206. As a result, a depressing force must be applied 10 lower surface positioned opposite from the first upper
directly to the replaceable blade lock release button 230 to surface, wherein the first distal end interconnects the
operate the button 230. If a finger, hand, or other member first upper surface and the first lower surface;
applies a depressing force not just to the replaceable blade a second blade carrier spaced from, and fixed relative to,
lock release button 230 but also to the guard 234, then the the first blade carrier, the second blade carrier having a
guard 234, which is fixed and will not yield to the depressing 15 proximal end positioned within the handle and a second
force, will prevent the finger, hand, or other member from distal end, the second blade carrier having a having a
completely depressing the replaceable blade lock release second upper surface and a second lower surface posi-
button 230. tioned opposite from the second upper surface, wherein
As persons of ordinary skill in the art will recognize based the second distal end interconnects the second upper
on the foregoing disclosure, a guard 234 be utilized in any 20 surface and the second lower surface;
knife of an embodiment according to the present disclosure an upper wall interconnecting the first upper surface and
to guard against accidental or inadvertent depression of the the second upper surface;
replaceable blade lock release button 230. Persons skilled in wherein the first lower surface includes a first straight
the art will also recognize, based on the present disclosure, segment and a second segment that deviates from the
that a guard 234 may take many shapes, in addition to the 25 first straight segment of the first lower surface;
shape depicted in FIGS. 21-23. In particular, the guard 234 wherein the second lower surface includes a first straight
may be, without limitation, circular, elliptical, triangular, segment and a second segment that deviates from the
square, or rectangular. The guard 234 may have straight first straight segment of the second lower surface;
edges, curved edges, or both. The guard 234 may form a wherein at least a portion of the first lower surface is
raised ridge around the entirety of the replaceable blade lock 30 spaced from at least a portion of the second lower
release button 230, or around just a portion of lock release surface when the knife is in the upright position, and
button 230. A ridge formed by the guard 234 may extend wherein the first distal end is spaced from the second
from the handle 206 of the knife 202 by the same distance distal end when the knife is in the upright position;
as replaceable blade lock release button 230, or by a greater a replaceable blade positioned between the first blade
distance, or by a lesser distance. The ridge formed by the 35 carrier and the second blade carrier, the replaceable
guard 234 may extend from the handle 206 a greater distance blade having a cutting edge, the majority of which is
in some portions than in other portions. In some embodi- exposed when the replaceable blade is positioned
ments, the guard may be centered around the replaceable between the first blade carrier and the second blade
blade lock release button 230, while in other embodiments, carrier, and an upper surface positioned opposite the
the guard may not be centered around the replaceable blade 40 cutting edge;
lock release button 230. The guard 234 may be initially a replaceable blade release mechanism associated with at
formed as part of the handle 206, or it may be formed least one of the first and the second blade carrier; and
separately and attached to the handle 206 via an adhesive a seat member configured to selectively receive a portion
(e.g. glue) or a fastener (e.g. a clip or screw). The guard 234 of the replaceable blade, the seat member positioned
may be formed of the same material as the handle 206, or of 45 between the first blade carrier and the second blade
a different material. carrier, and wherein a portion of the seat member
The blade of embodiments of the present invention is spaced from the upper wall.
made out of high carbon or high carbon stainless steel and 2. The knife of claim 1, wherein the replaceable blade has
is approximately 2.5-4.0 inches (about 63.5-102 mm) long. a hooked portion that extends from an upper surface thereof
The blade carriers are made of stainless steel and are spaced so that is selectively received by the seat member.
about 0.02-0.15 inches (about 0.55-3.8 mm) from each 3. The knife of claim 1, wherein the first blade carrier and
other. The blade carrier supports are made out of stainless the second blade carrier are selectively rotatable relative to
steel or plastic however, one of skill in the art will appreciate the handle and selectively lockable thereto.
that the replaceable blade, blade carriers, and blade supports 4. The knife of claim 1, wherein the replaceable blade
may be made of any suitable material. 55 release mechanism is moved relative to the handle to release
While various embodiments of the present invention have the replaceable blade from the first blade carrier and the
been described in detail, it is apparent that modifications and second blade carrier.
alterations of those embodiments will occur to those skilled 5. The knife of claim 1, wherein the second segment of the
in the art. However, it is to be expressly understood that such first lower surface and the second segment of the second
modifications and alterations are within the scope and spirit 60 lower surface are curved.
of the present invention, as set forth in the following claims. 6. A knife adapted to receive a replaceable blade, com-
Further, the invention(s) described herein is capable of other prising:
embodiments and of being practiced or of being carried out a handle with an upper surface when the knife is in an
in various ways. In addition, it is to be understood that the upright position;
phraseology and terminology used herein is for the purpose 65 a first blade carrier having a proximal end positioned
of description and should not be regarded as limiting. The within the handle and a first distal end, the first blade
use of "including," "comprising," or "having" and variations carrier having a having a first upper surface and a first
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
0-cv-00105-MEH Document 1-5 Filed 01/14/20 USDC Colorado Pa
-cv-00105-MEH Document 1-5 Filed 01/14/20 USDC Colorado P
EXHIBIT 5

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Case 1:20-cv-00105-MEH Document 1 Filed 01/14/20 USDC Colorado Page 1 of 13

IN THE UNITED STATES DISTRICT COURT

Civil Action No. ___________

OUTDOOR EDGE CUTLERY CORPORATION,

AMERICAN OUTDOOR BRANDS CORPORATION,

COMPLAINT WITH JURY DEMAND

Plaintiff Outdoor Edge Cutlery Corporation (“Outdoor Edge” or “Plaintiff”), by and

Outdoor Brands Corporation (“AOB” or “Defendant”), and states as follows:

2. Upon information and belief, Defendant American Outdoor Brands Corporation is

throughout the United States and in Colorado.

II. JURISDICTION AND VENUE

3. This is a civil action to combat Defendant’s infringement of Outdoor Edge’s

judicial district and has availed itself of the laws of Colorado.

III. GENERAL ALLEGATIONS

Outdoor Edge’s History of Innovation

products, as well as many other foreign patents.

examined and is presumed valid and enforceable.

examined and is presumed valid and enforceable.

Images of the RazorLite Products are depicted in Exhibit 4.

IV. DEFENDANT’S UNLAWFUL CONDUCT

wholesale dealers/distributors as well as potential consumers and wholesale dealers/distributors

intentional, resulting in Defendant’s willful infringement. Upon information and belief,

the Accused Products to wholesale dealer/distributors and consumers residing in Colorado.

V. FIRST CLAIM FOR RELIEF

Paragraphs 1-15 above.

infringement of the ‘425 Patent in violation of 35 U.S.C. § 271(a).

damage to Outdoor Edge in an amount to be ascertained at trial.

VI. SECOND CLAIM FOR RELIEF

Paragraphs 1-20 above.

infringement of the ‘882 Patent in violation of 35 U.S.C. § 271(a).

damage to Outdoor Edge in an amount to be ascertained at trial.

VII. THIRD CLAIM FOR RELIEF

Paragraphs 1-25 above.

infringement of the ‘254 Patent in violation of 35 U.S.C. § 271(a).

damage to Outdoor Edge in an amount to be ascertained at trial.

VIII. FOURTH CLAIM FOR RELIEF

Paragraphs 1-30 above.

Court, will continue to cause damage to Outdoor Edge.

IX. FIFTH CLAIM FOR RELIEF

Paragraphs 1-34 above.

without payments to Outdoor Edge.

been and will continue to be sustained as a result of Defendant’s conduct.

X. SIXTH CLAIM FOR RELIEF

Paragraphs 1-37 above.

practice, a defined by the Colo. Rev. Stat. §§ 6-1-101 et seq.

to cause confusion, mistake, or deception among consumers or potential consumers as to the

source or origin of Defendant’s goods.

Colorado and Outdoor Edge’s rights.

42. As a result of Defendant’s unlawful actions, Outdoor Edge has suffered

Defendant’s unlawful action. Outdoor Edge has no adequate remedy at law.

XI. SEVENTH CLAIM FOR RELIEF

Paragraphs 1-43 above.

knowledge of Defendant. Outdoor Edge is therefore entitled to an accounting, at Defendant’s

XII. PRAYER FOR RELIEF

1. Declaration that Defendant has infringed U.S. Patent No. 10,518,425;

4. Issuing temporary, preliminary, and permanent injunctions enjoining Defendant,

with any of the foregoing, from:

A. further infringing U.S. Patent No. 10,518,425, pursuant to 35 U.S.C. §

B. further infringing U.S. Design Patent No. D751,882, pursuant to 35 U.S.C.

C. further infringing U.S. Design Patent No. D869,254, pursuant to 35 U.S.C.

D. engaging in any other act or thing likely to confuse, mislead or deceive

sponsored, licensed or approved by Outdoor Edge; and

E. engaging in any other activity constituting unfair competition with

Outdoor Edge, or constituting an infringement or misappropriation of