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Brett Peterson (Utah Bar No. 10256)

brett@patepeterson.com
PATE PETERSON, PLLC
36 West Fireclay Avenue
Murray, Utah 84107

Attorney for Plaintiff
Craft Supplies USA

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION


CRAFT SUPPLIES USA, a Utah
Corporation,


Plaintiff,

v.

TORMEK AB, a Company of Sweden,

Defendant.


Civil Action No. 2:14-cv-00529-DBP



COMPLAINT



Magistrate Judge Dustin B. Pead

Plaintiff, Craft Supplies USA (hereinafter Craft Supplies), by and through its counsel,
hereby files this Complaint against Defendant, Tormek AB (hereinafter Tormek) and alleges
as follows:
PARTIES
1. Craft Supplies is corporation duly organized and existing under the laws of the State of
Utah and has a principal place of business located at 1287 E 1120 S, Provo, Utah 84606.
2. Upon information and belief, Tormek is a company duly organized and existing under the
laws of the country of Sweden and has a principal place of business located at
Torphyttevagen 40, 711 34 Lindesberg, Sweden.

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JURISDICTION AND VENUE
3. This is a civil action for a Declaratory Judgment declaring US Patent 8,556,685 invalid,
unenforceable, and/or not infringed by Craft Supplies arising under the patent laws of the
United States, 35 U.S.C. 1, et seq., and the Federal Declaratory Judgment Act, 28
U.S.C. 2201, et seq.
4. This court has subject matter jurisdiction over Craft Supplies Declaratory Judgment
action pursuant to 28 U.S.C. 1331, 1338(a), 1367, 2201 and 2202, and upon Rule 13 of
the Federal Rules of Civil Procedure.
5. Upon information and belief, this court has personal jurisdiction over Tormek pursuant
to, at least, Utah Code Ann. 78B-3-201 and 78B-3-205(1). Upon information and
belief, this Court has general jurisdiction over Tormek because Tormek is doing and has
done continual business in this judicial district. Upon information and belief, Tormek has
sufficient minimum contacts with Utah to support specific jurisdiction based at least in
part on a letter sent to Craft Supplies from Tormek wherein Tormek asserts violation of
US Patent 8,566,685 against Craft Supplies.
6. Venue is proper in this judicial district pursuant to, at least, 28 U.S.C. 1391(b)(2) and
1391(c).
FACTUAL BACKGROUND
7. Craft Supplies markets and sells a wide variety of wood turning tools and accessories,
including a sharpening jig for sharpening lathe chisels on a grinder and Raptor setup tools
used with the sharpening jig to setup the sharpening jig for a particular chisel.
8. On or about May 18, 2014, Craft Supplies received an email and accompanying letter
from Tormek (hereinafter Demand Letter and attached hereto as Exhibit A).
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9. Tormeks Demand Letter alleges that Craft Supplies Raptor tool infringes Tormeks
patent rights. Tormeks Demand Letter alleges that the Raptor tool infringes claim 2 of
the 685 patent. See, Exhibit A.
10. US 8,566,685 is attached hereto as Exhibit B.
11. Tormeks Demand Letter provides a detailed reasoning as to why the Raptor tool
infringes the 685 patent. See, Exhibit A.
12. Based on advice from Tormeks Swedish attorneys, Tormeks Demand Letter demands
that Craft Supplies withdraw the Raptor tool from the market by August 1, 2014 at the
latest. See, Exhibit A.
13. On or about May 19, 2014, Craft Supplies responded by email to Tormeks Demand
letter, stating that the Raptor tool was not believed to infringe the 685 patent. Craft
Supplies response provided contact information for Brett Peterson, intellectual property
counsel for Craft Supplies and asked that any further concerns be directed to Mr.
Peterson. See, Exhibit A.
14. On or about June 27, 2014, Mr. Peterson was contacted by Dennis Daley, a US attorney
retained to represent Tormek against Craft Supplies to ascertain Craft Supplies
compliance with Tormeks Demand Letter.


FIRST CAUSE OF ACTION
(Declaratory Judgment The 685 Patent)
15. The allegations of Paragraphs 1-14 are incorporated herein by reference as if fully set
forth herein.
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16. An actual case or controversy exists between Craft Supplies and Tormek based at least
upon Tormeks Demand Letter to Craft Supplies alleging, inter alia, that Craft Supplies
Raptor tools infringe claim 2 of the 685 patent.
17. Craft Supplies and Craft Supplies Raptor tools do not infringe claim 2 or any claims of
the 685 patent.
18. None of Craft Supplies products fall within the scope of the claims in the 685 patent.
19. Upon information and belief, and as will likely be supported by evidence after a
reasonable opportunity for further investigation and discovery, the claims of the `685
Patent are invalid, null, void, and/or unenforceable for failure to comply with the
conditions and requirements for patentability specified in Title 35 U.S.C., including, but
not limited to, 35 U.S.C. 102, 103 and/or 112.

PRAYER FOR RELIEF
Wherefore, Craft Supplies prays that:
A. That Craft Supplies and Craft Supplies Raptor tools be adjudged and declared to fall
outside the scope of the claims in the `685 Patent;
B. That Craft Supplies be adjudged and declared not to have infringed, contributorily
infringed, or induced others to have infringed any claims of the `685 Patent;
C. That an order be entered permanently enjoining Tormek from alleging or bringing a
patent infringement suit against Craft Supplies for all of Craft Supplies existing
treadmill products;
D. That the `685 Patent be adjudged and declared invalid and unenforceable;
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E. That Craft Supplies be awarded its costs and prejudgment interests on all damages
awarded;
F. That Craft Supplies be awarded its reasonable attorneys fees; and
G. That Craft Supplies be awarded such further and other relief as the court deems just and
proper.

DATED: July 18, 2014.



_/s/ Brett Peterson_________
Brett Peterson
PATE PETERSON PLLC

Attorney for Plaintiff
Craft Supplies USA