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Case 6:16-cv-01233-RWS-KNM Document 1 Filed 10/18/16 Page 1 of 16 PageID #: 1

IN THE UNITED STATES DISTRICT COURT


FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

JONATHAN WANG

Civil Action No.: 6:16-cv-1233

Plaintiff,

JURY TRIAL DEMANDED

vs.
GOLF TAILOR, LLC
Defendant(s).

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT


Plaintiff Jonathan Wang, by and through counsel, hereby files this Original Complaint for
patent infringement against Defendant Golf Tailor, LLC (Golf Tailor) and alleges as follows:
I. PARTIES
1.

Plaintiff Jonathan Wang (Wang) is an individual who resides in the State of

California.
2.

On information and belief, Defendant Golf Tailor, LLC is a private company

incorporated under the laws of Oklahoma with a principal place of business at 103 S. Broadway
Ste 210, Edmond, OK 73034.

Golf Tailor is in the business of selling, offering to sell,

importing, and/or distributing golf training aids and accessories in and around the United States,
this judicial district, and elsewhere within Texas. On information and belief, Golf Tailor, LLC is
doing business under the trade names of Square to Square Method and Speed Stik.

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II. JURISDICTION AND VENUE


3.

This is a civil action seeking damages and injunctive relief for patent infringement

arising under the patent laws of the United States including 35 U.S.C. 1 et seq. This Court
has federal subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).
4.

This Court has personal jurisdiction over Defendant because, on information and

belief, among other things, Defendant has been and is engaged in wrongful conduct within the
state of Texas and in this District, including placing into commerce goods infringing upon
Wangs patent rights in this judicial district. Defendant has maintained substantial, continuous,
and systematic contacts with Texas through business dealings and activities within and with
residents of Texas. Defendant states that they provide elite golf instruction accessible to all
and it indicates instruction by professional Hank Haney, who provides instruction in Texas (see
http://www.golftailor.com/). On information and belief, Golf Tailors CEO, Timothy Oyler, has
been a member of the golf club TPC Craig Ranch and has owned and operated a business in
McKinney, Texas.
5.

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

1400(b). As demonstrated above and as upon information and belief, Defendant is subject to
personal jurisdiction in this judicial district. Upon information and belief, Defendant has
committed infringing acts in this district, has purposely transacted business involving the
accused products in this judicial district, and has sold infringing products in this district to one or
more customers in Texas, either directly or through their distributors.

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III. BACKGROUND AND FACTS


A. FACTS APPLICABLE TO ALL CLAIMS
6.

Wang is a designer of golf equipment. Wang regularly works with a third party

company, Golf Gifts & Gallery (GGG), who specializes in golf accessories. GGG contacted
Wang, on behalf of a client, Golf Tailor, with a request to design and manufacture a new golf
training aid.
7.

Wang designed and developed a golf training aid prototype for GGG.

8.

Wang sent a prototype to GGG for review. Wang received no orders from GGG

for the golf training aid.


9.

On April 11, 2016, Wang filed a patent application for design patent protection

in China with Chinese Design Patent Application No. 201630118508.1.


10.

On July 14, 2016, Wang subsequently filed a patent application for design patent

protection in the United States with U.S. Design Patent Application No. 29/571,084, now U.S.
Design Patent D769,390, claiming priority to the Chinese Design Patent Application filed April
11, 2016. See Exhibit A.
11.

Wang became aware that Golf Tailor was selling the golf training aid through at

least the websites www.speedxccelerator.com, www.getthespeedstik.com and


www.squaretosquaremethod.com.
12.

On September 13, 2016, Wang sent a Letter to Golf Tailor notifying Golf Tailor

of Wangs pending rights. See Exhibit B.


13.

Wang did not receive a response to the September 13, 2016 Letter.

B. WANGS OWNERSHIP AND REGISTRATION OF U.S. PATENT NO. D769,390


14.

On October 18, 2016, after a full and fair examination, the United States Patent

and Trademark Office (USPTO) duly and legally issued United States Patent No. D769,390
(the 390 Patent), entitled Golf Practice Aid. A true and correct copy of the 390 Patent is
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attached as Exhibit A. Since its issuance to Wang, the 390 Patent has been in full force and
effect. Wang owns all right, title, and interest to the 390 Patent, including the right to enforce
and sue for past, present, and future infringements.

C. DEFENDANTS INFRINGING ACTIVITY


15.

On information and belief, Defendant has given Wangs design to a third party

manufacturer and subsequently has directed the manufacture of golf training aids using Wangs
design, and imported and sold such infringing golf training aids in the United States, the Eastern
District of Texas, and elsewhere in Texas.
16.

On information and belief, Defendant owns, controls, and/or manages the

www.speedxccelerator.com, www.squaretosquaremethod.com website and the


www.getthespeedstik.com website.
17.

On information and belief, Defendant continues to expose for sale, offer to sell,

and sell the infringing golf training aids manufactured by a third party manufacturer without
Wangs permission in the United States, the Eastern District of Texas, and elsewhere in Texas,
at least through the websites www.speedxccelerator.com, www.squaretosquaremethod.com and
www.getthespeedstik.com.

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The below images were taken of a Speed Stik purchased from Golf Tailor.

WANG Design Patent No. D769,390

Golf Tailor Infringing Golf Training Aid

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10

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11

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12

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18.

Despite Defendants actual and constructive knowledge regarding Wangs prior

and superior rights, and without Wangs authorization, on information and belief Defendant
continues to offer the infringing golf club for sale in the United States, the Eastern District of
Texas, and elsewhere in Texas.
19.

Defendants willful and deliberate actions have caused significant harm to Wang.

On information and belief, Wang has lost customers and revenue due to the illegal and infringing
product being manufactured by a third party at the direction of Defendant and put into the stream
of commerce in the United States, the Eastern District of Texas, and elsewhere in Texas by
Defendant.

COUNT I: INFRINGEMENT OF U.S. PATENT NO. D769,390


20.

Wang restates and incorporates all previous allegations of this Complaint by

reference as though set forth in paragraphs 1 through 19.


21.

Defendant is directly infringing, contributing to the infringement of, or inducing

others to infringe the 390 Patent by making, using, offering to sell, or selling the accused
products within, or importing the accused products into, the United States, or inducing others to
make, use, offer to sell, or sell the accused products within, or import the accused products into,
the United States.
22.

As a result of Defendants unlawful infringement of the 390 Patent, Wang has

suffered and will continue to suffer irreparable injury and damages as long as Golf Tailors
infringing activities continue.
23.

Wang is entitled to damages adequate to compensate Wang for the injuries

complained of herein. Wang is further entitled to have Defendant enjoined from committing
future acts of infringement that would subject Wang to irreparable harm.

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24.

Upon information and belief, Defendants acts of infringement herein are made

with full knowledge of Wangs rights in the 390 Patent. Such acts constitute willful and
deliberate infringement, entitling Wang to enhanced damages and reasonable attorney fees.
25.

Defendants acts of infringement have caused and will continue to cause

irreparable injury to Wang unless and until enjoined by this Court.


26.

Defendants acts are willful, in disregard of, and with indifference to the rights of

27.

As a direct and proximate cause of the infringement by Defendant, Wang is

Wang.

entitled to damages, reasonable royalties and lost profits in amounts to be proven at trial,
enhanced damages, and reasonable attorneys fees pursuant to 35 U.S.C. 285. Additionally,
Defendant is liable to Wang to the extent of Defendants total profit, but not less than $250,
pursuant to 35 U.S.C. 289.

PRAYER FOR RELIEF


Wherefore, Plaintiff Jonathan Wang prays for relief, as follows:
(1)

A judgment that Golf Tailor has infringed the 390 patent;

(2)

An order and judgment preliminarily and permanently enjoining Golf Tailor and

their officers, agents, employees, representatives, successors and assigns, and any others acting
in concert with Golf Tailor who receive actual notice of the order, from any further direct or
indirect acts of infringement, contributory infringement, or inducement of infringement of the
390 patent, as permitted by 35 U.S.C. 283;
(3)

A judgment awarding Wang all damages adequate to compensate for Golf

Tailors infringement, past and present, and in no event less than a reasonable royalty for Golf
Tailors acts, including all pre-judgment and post-judgment interest at the maximum rate
permitted by law;

14

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(5)

A judgment awarding Wang Golf Tailors total profit, but not less than $250,

pursuant to 35 U.S.C. 289.


(4)

A judgment awarding Wang all damages, including treble damages, based on any

infringement found to be willful;


(5)

Declare that this is an exceptional case under 35 U.S.C. 285, and award Wang

its reasonable attorneys fees, costs and disbursements;


(6)

A judgment compensating Wang for the competitive injury resulting from

Defendants False Marking under 35 U.S.C. 292; and


(7)

A judgment awarding Wang such further, necessary and proper relief as the Court

may deem just and reasonable.

JURY DEMAND
Pursuant to Federal Rule of Civil Procedure 38, Plaintiff Jonathan Wang respectfully
demands a jury trial on all issues so triable.
Date: September 13, 2016

Respectfully submitted,
By: /s/ Collin Maloney
Collin Maloney
Texas Bar No. 00794219
cmaloney@icklaw.com
Otis Carroll
Texas Bar No. 03895700
otiscarroll@icklaw.com
IRELAND, CARROLL & KELLEY, P.C.
6101 S. Broadway, Suite 500
Tyler, Texas 75703
Tel: (903) 561-1600
Fax: (903) 581-1071
And,

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Timothy J. Maier
E-mail: tjm@maierandmaier.com
Daniel J. Ehrlich
E-mail: dje@maierandmaier.com
Maier & Maier, PLLC
345 South Patrick Street
Alexandria, Virginia 22314
Telephone: 703-740-8322
Facsimile: 703-991-7071
ATTORNEYS FOR PLAINTIFF,
JONATHAN WANG

16

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EXHIBIT A

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EXHIBIT B

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JS 44 (Rev. 12/12)

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

JONATHAN WANG

GOLF TAILOR, LLC

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

California

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)


CollinMaloney, Ireland, Carroll & Kelley, PC
6101S. Broadway, Suite 500
Tyler, TX 75703 Tel: (903) 561-1600

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act


400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 U.S.C. 271

VI. CAUSE OF ACTION Brief description of cause:

Patent Infringement Suit

CHECK IF THIS IS A CLASS ACTION


VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Collin Maloney

10/18/2016
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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