CASE 0:20-cv-01576-ECT-LIB Document 1 Filed 07/15/20 Page 1 of 9

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MINNESOTA

)
) CASE NO.: 20-cv-1576
PRO-TROLL INC., a California
)
corporation, )
)
Plaintiff, )
) VERIFIED COMPLAINT
vs. )
)
PROKING SPOON LLC, a Michigan )
limited liability company, and KMDA, ) JURY TRIAL DEMANDED
)
Inc., a Minnesota corporation, )
Defendants. )
)

COMPLAINT

COMES NOW plaintiff PRO-TROLL, a California corporation (“Plaintiff”), by

and through its attorneys, and files this Complaint against PROKING SPOON LLC, a

Michigan limited liability company (“PROKING”); and KMDA, Inc., a Minnesota

corporation (“KMDA”) (Collectively, “Defendants”), and alleges as follows:

THE PARTIES

1. Plaintiff PRO-TROLL is a corporation organized and existing under the

laws of the State of California, having its principal place of business in the City of

Lafayette, County of Contra Costa, State of California. Plaintiff does business in the

Northern District of California.

2. Upon information and belief, defendant PROKING SPOON LLC

(“PROKING”) is a limited liability company organized and existing under the laws of the

State of Michigan, having its principal place of business in the City of Bovey, State of

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Minnesota. Upon information and belief, PROKING does business in the state of

Minnesota. PROKING is wholly owned by KMDA, Inc.

3. Upon information and belief, defendant KMDA, Inc. (“KMDA”) is a

corporation organized and existing under the laws of the State of Minnesota, having its

principal place of business in the City of Bovey, State of Minnesota. Upon information

and belief, KMDA does business in the state of Minnesota.

JURISDICTION AND VENUE

4. This action is for patent infringement and tortious interference with

prospective economic relationships.

5. This action arises under the patent laws of the United States, 35 U.S.C. §§

1, et seq. Jurisdiction is proper under 28 U.S.C. §§ 1331 and 1338(a). This Court has

supplemental jurisdiction over the pendent state law claim under 28 U.S.C. § 1367. These

claims derive from a common nucleus of operative facts and are so related that they form

part of the same case or controversy.

6. Venue is proper in the District of Minnesota under 28 U.S.C. § 1391 and 28

U.S.C. § 1400(b).

7. This Court has personal jurisdiction over Defendants. Defendants conducts

business within the United States, the State of Minnesota and within this judicial district.

8. Upon information and belief, Defendants, directly or through

intermediaries, distribute, offer for sale, sell, and/or advertise their products and services

in the United States and the State of Minnesota.

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FACTUAL ALLEGATIONS

9. Plaintiff develops, produces and sells fishing products throughout the

United States and worldwide.

10. United States Design Patent No. D516,663, entitled “FISHING LURE”

(“the ‘663). The ‘663 Design Patent was duly and legally issued on March 7, 2006 to

Plaintiff as the Assignee of inventors Richard B. Pool and Cecil R. Spurgeon. A copy of

the ‘663 Design Patent is attached hereto as Exhibit A.

11. The ‘663 Design Patent has been in full force and effect since its issuance.

12. The ‘663 patent was subject to ex-parte reexamination which confirms the

patentability of claim 1. A copy of the Reexamination Certificate is attached hereto as

Exhibit D.

13. Defendants are competitors in the industry that manufacture, distribute

and/or sell fishing products. Defendants’ fishing products include flashers sold under the

name “Pro King Double Rudder Salmon Flasher” and flashers sold under KMDA’s

“Inticer” product line. Defendants sell these fishing products through websites at

www.allseasonssports.com, www.prokingspoons.com, and through KMDA’s website at

www.kmdainc.com.

14. On information and belief, KMDA manufactures and supplies the Inticer

products to PROKING. PROKING further modifies or repackages the products for resale.

15. Defendants’ KMDA Inticer flasher incorporates all non-functional features

of the ‘663 Design Patent.

16. Defendants’ Pro King Double Rudder Salmon Flasher incorporates all non-

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functional features of the ‘663 Design Patent.

17. On August 28, 2017, Plaintiff sent to PROKING, and PROKING thereafter

received, a cease-and-desist letter which identified the ‘663 Design Patent. This letter

stated that Plaintiff owns the ‘663 Design Patent, and that the Pro King Double Rudder

Salmon Flasher infringes one or more of Plaintiff’s patents. A copy of this letter is

attached hereto as Exhibit B.

18. On October 5, 2017, Plaintiff sent to KMDA, and KMDA thereafter

received, a cease-and-desist letter which identified the ‘663 Design Patent. This letter

stated that Plaintiff owns the ‘663 Design Patent, and that the Pro King Double Rudder

Salmon Flasher infringes one or more of Plaintiff’s patents. A copy of this letter is

attached hereto as Exhibit C.

19. Upon information and belief, since receiving actual notice that the

PROKING Double Rudder Salmon flasher and the KMDA Inticer flasher infringes the

‘663 Design Patent, Defendants have continued to infringe the ‘663 Design Patent by

making, using, selling, and/or offering to sell the PROKING Double Rudder Salmon

flasher and the Inticer flasher.

COUNT I – DEFENDANTS’ INFRINGEMENT

OF THE ‘663 DESIGN PATENT

20. Plaintiff hereby restates and realleges the allegations set forth in paragraphs

1 through 17 above and incorporates them by reference.

21. Plaintiff has provided and Defendants have received actual notice of the

‘663 Design Patent.

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22. Defendants have directly infringed, and/or have induced others to infringe,

and/or have committed acts of contributory infringement of the claims of the ‘663 Design

Patent in violation of 35 U.S.C. § 271, et seq. Upon information and belief, Defendants

have committed acts of infringement by making, using, selling, and/or offering to sell

products within the United States, and/or importing products into the United States,

including but not limited to fishing products under the name Pro King Double Rudder

Salmon Flasher and KMDA Inticer.

23. As a result of Defendants’ infringement of the ‘663 Design Patent, Plaintiff

has been damaged, and will be further damaged, and is entitled to be compensated for

such damages pursuant to 35 U.S.C. § 284 in an amount that presently cannot be

ascertained but that will be determined at trial.

24. Because Defendants have continued their activities after receiving actual

notice of the ‘663 Design Patent from Plaintiff, Defendants’ infringement is willful. As a

result, Plaintiff is further entitled to trebling of damages pursuant to 35 U.S.C. § 284, and

to the designation of this case as exceptional pursuant to 35 U.S.C. § 285, whereby

Plaintiff is entitled to an award of its attorneys’ fees.

COUNT II – TORTIOUS INTERFERENCE

WITH PROSPECTIVE ECONOMIC RELATIONSHIPS

25. Plaintiff hereby restates and realleges the allegations set forth in paragraphs

1 through 23 above and incorporates them by reference.

26. There is an economic relationship between Plaintiff and purchasers of

fishing equipment, and there exists a probability of future economic benefit to Plaintiff

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from these purchasers.

27. Upon information and belief, Defendants have knowledge of this

relationship.

28. Upon information and belief, Defendants intentionally engaged in acts that

were designed to and which did disrupt this relationship, and Plaintiff has been harmed as

a result, and will be further damaged, and is entitled to be compensated for such damages

in an amount that presently cannot be ascertained but that will be determined at trial.

29. Upon information and belief, Defendants’ acts were beyond those of mere

competitors securing business for themselves and, as discussed herein, were

independently unlawful or illegitimate. Upon information and belief, Defendants’ actions

were willful, wanton, malicious, oppressive, and undertaken with intent to harm Plaintiff,

and such actions justify the award of exemplary and punitive damages.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that the Court enter an order:

A. That Defendants, and each of them, have infringed the ‘663 Design Patent

under 35 U.S.C. §§ 271, et seq.;

B. Directing Defendants to account to Plaintiff for any and all profits derived

by Defendants from the manufacture, sale and/or distribution of infringing goods as

described in this Complaint;

C. Awarding Plaintiff all damages caused by the acts forming the basis of this

Complaint, together with interest thereon;

D. Based on Defendants’ willful infringement of the ‘663 Design Patent,

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ordering that Plaintiff be awarded treble damages pursuant to 35 U.S.C. § 284;

E. Ordering Defendants to pay Plaintiff the costs of this action and Plaintiff’s

reasonable attorneys’ fees pursuant to the statutes cited herein;

F. Based on Defendants’ willful and deliberate conduct, and to deter such

conduct in the future, awarding punitive damages; and

G. Granting any such further relief in Plaintiff’s favor as the Court deems just

and appropriate.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

CHRISTENSEN LAW OFFICE PLLC

Dated: July 15, 2020 /s/ Carl E. Christensen
Carl E. Christensen (MN #350412)
Aaron D. Sampsel (MN #398521)
800 Washington Ave. N., Suite 704
Minneapolis, MN 55401
Ph: (612) 823-4016
Fax: (612) 823-4777
carl@clawoffice.com
Attorneys for Plaintiff

ANTERO TORMEY & PETRIN LLP

Dated: July 15, 2020 /s/ Peter J. Tormey

Peter J. Tormey
California SBN 269869
101 Gregory Lane, #46
Pleasant Hill, CA 94523
Ph: (925) 352-9842
PT@AnTLegal.com
Pro Hac Vice Admission to be submitted

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VERIFICATION

Plaintiff PRO-TROLL, a California corporation (“Plaintiff”) is a party to this

action. I, Richard B. Pool, verify that I am an Officer in Plaintiff herein, that I am
authorized to make this verification on behalf of Plaintiff, and that I have read the
foregoing Complaint and know the contents thereof. I verify that the factual matters
stated in the foregoing Complaint are true based on my own knowledge except as to those
matters which are stated on information and belief, and as to those matters I believe them
to be true.
I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
7/14/2020
Executed _________ ______________, at Concord, CA.

_________________________________
ID EnJRw7WXYenxz6y9UqNLRYoB

Richard B. Pool

2
COMPLAINT FOR PATENT INFRINGEMENT CASE NO.
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E-Signature Details

Signer ID: EnJRw7WXYenxz6y9UqNLRYoB

Signed by: Richard B. Pool
Sent to email: rbpool@protroll.com
IP Address: 108.246.207.25
Signed at: Jul 14 2020, 3:49 pm PDT
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Pro-Troll, Inc. v. Proking Spoon, LLC

Exhibit A
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USO0D516663S

(12) United States Design Patent (10) Patent N0.: US D516,663 S

P001 et al. (45) Date of Patent: ** Mar. 7, 2006

(54) FISHING LURE D451,574 S * 12/2001 Hobson et al. .......... .. D22/129

D453,811 S * 2/2002 Hobson et al. D22/129

Inventors: Cecil
Richard
R Spurgeon,
B P00], Lafayette,
Richmond, CA (US) * Cited by examiner
S * Yamaguchi . . . . . . . . . . . . . . ..

(73) Assignee: PRO- Troll, Inc., Concord, CA (US) Primary Examiner—Catherine R. Oliver
(H) Term: 14 Years 74 Artorney, A gen,t 0r F'lrm—E rnes tH.MC
(VIJCOY c oy,'B ruce &

(21) Appl. No.: 29/215,090 (57) CLAIM

(22) Filed: Oct 12’ 2004 The ornamental design for a ?shing lure, as shoWn and
described.
(51) LOC (8) Cl. .................................................. .. 22-05
(52) US. Cl. .................................................... .. D22/129 DESCRIPTION
(58) Field of Classi?cation Search ...... .. D22/126—133; FIG. 1 is a front perspective vieW showing my new design;
43/4205, 42.06, 425, 42.31, 45.51, 42.32, FIG. 2 is a top plan vieW thereof;
43/4233, 42.34, 43.1, 43.13 FIG. 3 is a bottom plan vieW thereof;
See application ?le for complete search history. FIG. 4 is a side elevation thereof;
_ FIG. 5 is an opposite side vieW thereof;
(56) References Clted FIG. 6 is an end elevation thereof; and,
U S PATENT DOCUMENTS FIG. 7 is an opposite end elevation thereof.

D399,293 S * 10/1998 Cordingley .............. .. D22/129 1 Claim, 2 Drawing Sheets

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U.S. Patent Mar. 7, 2006 Sheet 2 of2 US D516,663 S

FIG.—4

FIG.-5
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Pro-Troll, Inc. v. Proking Spoon, LLC

Exhibit B
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Antero.Tormey&Petrin
101 Gregory Lane Suite 46 - Pleasant Hill, CA94523
(4i5) 355-4529 - www.Antlegal.com

August 28,24L6

Thomas L. Doss, Sr.

Proking Spoon LLC
1179 N. Apple Ct.
Plainwell, MI 49080

Dear Mr. Doss:

We represent Pro-Troll, Inc, a leader in fishing and marine products. One of their leading
products is the ProChip 8" flasher.

This letter is to inform you of Pro-Troll's family of published patents covering Pro-Troll's
flasher product line. These patents include published U.S. patents 6,457,275; D516663; D678460;
6,457,275; and others.

We have become aware that you are involved in the sale and/or manufacture of a product
that is fully covered by Pro-Troll's patents. To wit, you offer identical flashers - the Pro King
Double Rudder Salmon Flasher for sale on www.allseasonssports.com. As a leader in the fishing
industry and in particular flashers, Pro-Troll intends to fully enforce its rights to its inventions and
all other intellectual property it owns.

Patent litigation is a very expensive endeavor. Moreover, our client is entitled to triple
damages for willful patent infringement. This firm has recently successfully litigated to enforce

the design patent that protects these same flashers.

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We demand that you immediately stop manufacturing, producing, marketing, selling

and/or reselling flashers that infringe Pro-Troll's patents. Continuing these activities will result in
damages for willful infringement.

Antero, Tormey & Petrin (92513ss-452e

101 Gregory Lane, Suite 46
Pleasant Hill, CA 94523
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Pro-Troll, Inc. v. Proking Spoon, LLC

Exhibit C
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Antero.Tormey&Petrin
101 Gregory Lane Suite 46 - Pleasant Hill, CA94523
(415) 355-4529 - www.Antlegal.com

October 5,2017

Derek Vekich
KMDA, Inc.
P.O. Box 509
Bovey, MN 55709

Dear Mr. Vekich:

We represent Pro-Troll, Inc, a leader in fishing and marine products. One of their leading
products is the ProChip 8" flasher.

This letter is to inform you of Pro-Troll's family of published patents covering Pro-Troll's
flasher product line. These patents include published U.S. patents 6,457,275;D516663;D678460;
6,457,275; and others.

We have become aware that you are involved in the sale and/or manufacture of a product
that is fully covered by Pro-Troll's patents. To wit, you offer identical flashers - the Pro King
Double Rudder Salmon Flasher, which we have reason to believe is manufactured by KMDA, Inc.
under its subsidiary name Opti Tackle, for sale on www.allseasonssports.com. As a leader in the
fishing industry and in particular flashers, Pro-Troll intends to fully enforce its rights to its
inventions and all other intellectual property it owns.

Patent litigation is a very expensive endeavor. Moreover, our client is entitled to triple
damages for willful patent infringement. This firm has recently successfully litigated to enforce
the design patent that protects these same flashers. You can avoid legal action by immediately
ceasing and desisting from any and all infringing activity including ceasing the manufacture,
production, marketing and sale of the infringing flashers, and all other flashers that infringe Pro-
Troll's patent(s). Additionally, you must execute a copy of the below agreement to cease and
desist, and send it to this firm within seven (7) days of the receipt of this letter. I recommend you
consult with an attomey before taking any action.
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If you oI youf attorney have any questions, please feel free to contact me.
Regards,

Pete Torrney
Antero, Tormey & Petrin (925) ssS-452e
101 Gregory Lane, Suite 46
Pleasant Hill, CA 94523
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I, Derek Vekich, personally and on behalf of KMDA, Inc., agree to immediately cease and
desist from any and all further manufacture, production, marketing and sale of the Pro King

Double Rudder Salmon Flasher and all other products that infringe Pro-Troll's patents,
including published U.S. patents 6,457,275;D516663;D678460; and6,457,275.lnthe event
this agreement is breached by me or KMDA, Inc., Pro-Troll shall be entitled to costs,
attorney's fees, and collection costs related to any claims and/or action brought to enforce
this agrcement and shall be free to pursue all rights it had as of the date of this letter as if this
letter had never been signed. I certify that I have the authority to enter into this agreement on
behalf of KMDA,Inc.

Dated: By:
Derek Vekich, individually and on behalf of
KMDA,Inc.
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Pro-Troll, Inc. v. Proking Spoon, LLC

Exhibit D
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