Columbia Sportswear v. Ventex - Complaint

Case 3:17-cv-00623 Document 1 Filed 04/20/17 Page 1 of 31
Nicholas F. Aldrich, OSB #160306

Email: naldrich@schwabe.com
David W. Axelrod, OSB #750231
Email: daxelrod@schwabe.com
SCHWABE, WILLIAMSON & WYATT, P.C.
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Facsimile: 503.796.2900
Attorneys for Plaintiffs

Columbia Sportswear North America, Inc. and Columbia
Sportswear Company
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
COLUMBIA SPORTSWEAR No. 3:17-cv-00623

NORTH AMERICA, INC., an Oregon
corporation, and COLUMBIA
SPORTSWEAR COMPANY, an Oregon COMPLAINT FOR PATENT
corporation INFRINGEMENT, UNFAIR COMPETITION,
Plaintiffs, AND BREACH OF CONTRACT
v. DEMAND FOR JURY TRIAL
VENTEX CO., LTD., a foreign company,

and DAN MEYER, an individual,
Defendants.
COMPLAINT
Plaintiffs Columbia Sportswear North America, Inc. (CSNA) and Columbia
Sportswear Company (CSC, and collectively with CSNA, Columbia Sportswear) bring this
Complaint for patent infringement, unfair competition, and breach of contract against Defendants
Page 1 COMPLAINT FOR PATENT INFRINGEMENT, Attorneys at Law
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UNFAIR COMPETITION AND BREACH OF 1211 SW 5th Ave., Suite 1900
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Ventex Co., Ltd. (Ventex) and Dan Meyer. Columbia Sportswear alleges:
NATURE OF THE ACTION

1. This lawsuit arises from the Defendants infringement of Columbia Sportswears
U.S. Patent Nos. D657,093 (the D093 Patent), 8,424,119 (the 119 Patent), and 8,453,270
(the 270 Patent) (collectively, the Columbia Patents), breach of a manufacturing contract,
and unfair competition. The Columbia Patents generally protect Columbia Sportswears widely-
recognized and acclaimed Omni-Heat technology, a proprietary heat reflective material that
regulates temperature by retaining body heat. The technology also provides other desirable
features, such as breathability and moisture wicking, and is featured as lining in outdoor wear
such as jackets, shirts, gloves, socks, headwear, and in other applications sold under the
Columbia brand.
2. Columbia Sportswear seeks injunctive relief and damages against Defendants.
PARTIES
3. Plaintiff Columbia Sportswear North America, Inc. is a corporation organized and
existing under the laws of the State of Oregon, with its principal place of business in Portland,
Oregon. CSNA owns the Columbia Patents.
4. Columbia Sportswear Company is a corporation organized and existing under the
laws of the State of Oregon, with its principal place of business in Portland, Oregon. Columbia
Sportswear Company is the parent of Columbia Sportswear North America, Inc.
5. Defendant Ventex Co., Ltd. is a foreign company with its principal place of
business in Seoul, Korea. Upon information and belief, Ventex manufactures and sells textiles,
fabrics, and other materials for use in the production of clothing, including outdoor wear.
6. Defendant Dan Meyer is an individual residing and, upon information and belief,
domiciled in the State of Oregon. Upon information and belief, at material times Dan Meyer has
been and remains the United States sales representative for Ventex, and in this role he imports,
offers to sell, and sells Ventex goods in the United States, including the alleged infringing goods.
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JURISDICTION AND VENUE

7. Columbia Sportswears claims for relief for patent infringement arise under the
patent laws of the United States, 35 U.S.C. 101 et seq., including 271, 28185 and 289.
8. Columbia Sportswears claim for relief pursuant to the Lanham Act arises under
15 U.S.C. 1125.
9. This Court has subject matter jurisdiction over the patent and Lanham Act claims
for relief pursuant to 28 U.S.C. 1331 and 1338(a).
10. Columbia Sportswears claims for relief for breach of contract and unfair
competition under state law arise under the laws of the State of Oregon. This Court has
supplemental jurisdiction over these claims pursuant to 28 U.S.C. 1367(a) because the claims
are so related to the federal questions within the original jurisdiction of this Court that they form
part of the same case or controversy under Article III of the United States Constitution.
11. Ventex is subject to personal jurisdiction in Oregon pursuant to Oregon Rule of
Civil Procedure 4 because Ventex is a foreign defendant that manufactures materials outside of
Oregon and, in the ordinary course of trade, those materials have caused injury to Columbia
Sportswear in Oregon by infringing the Columbia Patents, among other injuries. Ventex is also
subject to personal jurisdiction in the State of Oregon pursuant to Rule 4(k)(2).
12. Exercising personal jurisdiction over Ventex in Oregon comports with the limits
of federal due process. Upon information and belief, Ventex purposefully directs infringing
activities at the State of Oregon by: (a) maintaining its United States sales representative in
Oregon; (b) soliciting the sale of infringing goods to customers in the United States through its
Oregon-based sales agent, Dan Meyer; (c) soliciting the sale of infringing goods through its
Oregon-based sales agent, Dan Meyer, knowing that the goods will be further directed to
customers in Oregon; (d) transacting sales of infringing goods with customers in the United
States from Oregon through its Oregon-based sales agent, Dan Meyer; (e) transacting sales of
infringing goods through its Oregon-based sales agent, Dan Meyer, with knowledge that those

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goods will be further directed to customers in Oregon; (f) upon information and belief, exporting
infringing goods into Oregon, and inducing Oregon-based sales agent Dan Meyer to import
infringing goods in Oregon; (g) importing infringing goods into Oregon, through its Oregon-
based sales agent, Dan Meyer, to be used or exhibited at trade shows or in other marketing
efforts in Oregon and elsewhere in the United States; (h) maintaining a sales agent in Oregon,
who, upon information and belief, earns commissions in Oregon by selling infringing goods;
(i) purposefully directing sales of infringing goods throughout the United States, including in
Oregon; (j) purposefully directing sales of infringing goods to be incorporated into products that
Ventex knows and understands will be sold in Oregon, including at retail stores in Tigard,
Hillsboro, Portland, and Corvallis; (k) purposefully directing sales of infringing goods to be
incorporated into products that Ventex knows and understands will be sold on the Internet and
available to online customers in Oregon; and (l) injecting infringing goods into the stream of
commerce for the specific purpose of being sold in Oregon.
13. Ventex is also subject to personal jurisdiction in Oregon because the Material and
Component Supply Agreement, described below, was negotiated by CSC in Oregon, is subject to
Oregon law, was signed by CSC in Oregon, and the harm to Columbia Sportswear from
Ventexs breach of that agreement has occurred in Oregon.
14. Ventex has sufficient minimum contacts with the State of Oregon to warrant the
exercise of specific personal jurisdiction in this state, including but not limited to the contacts set
forth in Paragraphs 11-13, above.
15. Columbia Sportswears claims arise out of or relate to Ventexs activities directed
in this forum state.
16. Exercising personal jurisdiction over Ventex in Oregon does not offend traditional
notions of fair play and substantial justice.
17. Dan Meyer is subject to personal jurisdiction in Oregon pursuant to Oregon Rule
of Civil Procedure 4 because, upon information and belief, (a) he is a natural person present
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within Oregon when served; (b) he is a national born person residing or domiciled in Oregon;
and (c) he is engaged in substantial and not isolated activities within this state.
18. Exercising personal jurisdiction over Dan Meyer in Oregon comports with the
limits of federal due process. Upon information and belief, Dan Meyer purposefully directs
infringing activities in the State of Oregon by: (a) acting as United States sales representative for
Ventex in Oregon; (b) soliciting the sale of infringing goods to customers in the United States
from his office in Oregon; (c) soliciting the sale of infringing goods knowing that those goods
will be sold to customers in Oregon; (d) transacting sales of infringing goods with customers in
the United States from his office in Oregon; (e) transacting sales of infringing goods knowing
that those goods will be sold to customers in Oregon; (f) upon information and belief, importing
infringing goods into Oregon to be used or exhibited at trade shows or in other marketing efforts;
(g) earning sales commissions in Oregon on the sales of infringing goods; (h) purposefully
directing sales of infringing goods to be incorporated into products that he knows and
understands will be sold in Oregon; and (i) upon information and belief, using infringing goods
in Oregon as samples for sales and marketing and/or facilitating sales and marketing of
infringing goods from his office in Oregon.
19. Venue is proper pursuant to 28 U.S.C. 1400(b) because a civil action for patent
infringement may be brought in any judicial district where the defendant resides or has
committed acts of infringement. Dan Meyer resides in Oregon. Ventex resides in Oregon
because it is subject to personal jurisdiction here. See 28 U.S.C. 1391(c). Ventex has also
committed acts of infringement within this judicial district as set forth in this Complaint. Venue
for the non-patent claims for relief is proper pursuant to 28 U.S.C. 1391(b).
FACTUAL BACKGROUND
A. The Patents in Suit
20. Columbia Sportswear Company is a leading innovator in the global outdoor
apparel, footwear, accessories, and equipment markets. Founded in 1938, its apparel, footwear,
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accessories, and equipment have earned a reputation for innovation, quality, and performance,
serving the needs of outdoor enthusiasts in more than 100 countries.
21. CSNA owns the 119 Patent, entitled PATTERNED HEAT MANAGEMENT
MATERIAL, which was duly and legally issued to CSNA by the United States Patent and
Trademark Office on April 23, 2013, and has the legal rights to bring this action for
infringement. The 119 Patent is directed to body gear using an array of heat managing elements
coupled to a base material to direct body heat while also maintaining desirable transfer and other
functional properties of the base material. Figure 10 of the 119 Patent depicts use of the heat
management material in a glove:
22. Figure 3D of the 119 Patent, itself patented for its ornamental design
characteristics in the D093 Patent, depicts one of multiple embodiments contemplated by
Columbia Sportswear for use in heat management material, a wavy line pattern:

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23. Claim 1 of the 119 Patent recites:
1. A heat management material adapted for use with body gear,

comprising:
a base material having a transfer property that is adapted to allow,

impede, and/or restrict passage of a natural element through the
base material;
one or more heat-directing elements, each coupled to a first side of

a base material, the one or more heat-directing elements being
positioned to direct heat in a desired direction, wherein a surface
area ratio of heat-directing elements to base material is from about
7:3 to about 3:7, and wherein the surface area ratio of heat-
directing elements to base material permits the base material to
retain partial performance of the transfer property.
24. Claim 2 further recites as follows:
2. The heat management material of claim 1, wherein the base

material comprises an innermost layer of the body gear having an
innermost surface, and wherein the one or more heat-directing
elements are positioned on the innermost surface to direct heat
towards the body of a body gear user.
25. CSNA owns the 270 Patent, entitled PATTERNED HEAT MANAGEMENT
MATERIAL, which was duly and legally issued to CSNA by the United States Patent and
Trademark Office on June 4, 2013, and has the legal rights to bring this action for infringement.
The 270 Patent is directed to body gear using an array of heat managing elements coupled to a

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base material to direct body heat while also maintaining desirable transfer properties of the base
material. Figure 10 of the 270 Patent depicts use of the heat management material in a glove:
26. Figure 3D of the 270 Patent, itself patented for its ornamental design
characteristics in the D093 Patent, depicts one of multiple embodiments contemplated by
Columbia Sportswear for use in heat management material, a wavy line pattern:
27. Claim 1 of the 270 Patent recites:
1. A heat management material adapted for use with body gear,

comprising:

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a base material having a transfer property that is adapted to allow,

impede, and/or restrict passage of a natural element through the
base material; and
a discontinuous array of discrete heat-directing elements, each

independently coupled to a first side of a base material, the heat
directing elements being positioned to direct heat in a desired
direction, wherein a surface area ratio of heat-directing elements to
base material is from about 7:3 to about 3:7 and wherein the
placement and spacing of the heat-directing elements permits the
base material to retain partial performance of the transfer property.
28. Claim 2 further recites as follows:
2. The heat management material of claim 1, wherein the base

material comprises an innermost layer of the body gear having an
innermost surface, and wherein the heat-directing elements are
positioned on the innermost surface to direct heat towards the body
of a body gear user.
29. CSNA owns the D093 Patent, entitled HEAT REFLECTIVE MATERIAL,
which was duly and legally issued to CSNA by the United States Patent and Trademark Office
on April 3, 2012, and has the legal rights to bring this action for infringement. The D093 Patent
has a single claim that covers the ornamental design for the heat reflective material as shown and
described in the figures incorporated into the D093 Patent. Figures 1 and 2 of the D093 Patent,
which show an elevational view and enlarged view of the heat reflecting material, are shown
below:

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30. Figure 8 of the D093 patent shows the heat reflective material as used in hand
wear:
B. The Infringing Products
31. Upon information and belief, Ventex manufactures material branded as MegaHeat
fabric. MegaHeat fabric is a breathable base fabric. Ventex manufactures a version of
MegaHeat fabric called MegaHeat RX (MEGAHEAT RX), which has reflective elements
adhered to one side of the fabric, for purposes of reflecting body heat back to the user. The
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reflective elements are positioned on the fabric in a discontinuous array, only partially covering
the base fabric, so as to allow the continued moisture permeability of the base fabric while also
providing the advantages of heat reflectivity.
32. The reflective elements of MEGAHEAT RX cover between 30% and 70% of the
base fabric.
33. MEGAHEAT RX infringes both the 119 and 270 Patents, and its use on the
innermost surface of garments further infringes dependent claims of the 119 and 270 Patents.
34. Ventex manufactured at least one custom version of MEGAHEAT RX. Ventex
made a version of MEGAHEAT RX for California-based Seirus Innovative Accessories, Inc.
(Seirus). Seirus uses the custom MEGAHEAT RX fabric in gloves branded as HEATWAVE,
which incorporate a lining with reflective material as shown below:

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35. The advertising tag included with the Seirus HEATWAVE glove describes the
function of the reflective lining material as returning 20 percent more warmth to the user by
reflecting the heat emitted from the wearers body back toward the wearer but while permitting
moisture transfer.

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36. Seirus also sells glove liners, hats, and socks made of the HEATWAVE fabric.
The liner, called the HEATWAVE LINER, is shown below:
37. Columbia Sportswear has purchased Seirus gloves containing Ventexs
HEATWAVE fabric in the District of Oregon at Dicks Sporting Goods in Tigard, Oregon;
Sports Authority in Hillsboro, Oregon; Sports Authority in Jantzen Beach, Oregon; and Sports
Authority in Portland, Oregon. Columbia Sportswear has further confirmed the gloves have
been offered for sale at the Sports Authority in Corvallis, Oregon.
38. Judge Hernandez, in the District of Oregon, has granted judgment to CSNA that
Seiruss sales of HEATWAVE products infringe the D093 Patent.
C. Ventexs Infringing Acts Concerning Patent Infringement
39. Upon information and belief, Ventex actively follows Columbia Sportswears
patent prosecution concerning the patent family encompassing the 119 and 270 Patents. Upon
information and belief, Ventex knows and has known about the 119 and 270 Patents, as well as
the D093 Patent, from at least the first published applications for said patents.
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40. Ventex knows and has known that its MEGAHEAT RX fabric infringes the 119
and 270 Patents.
41. Ventex knows and has known that Seiruss use of HEATWAVE fabric, which
Ventex custom manufactures for Seirus, infringes the 119 and 270 Patents.
42. Ventex knows and has known that its United States customers use of
MEGAHEAT RX fabric in garments infringes the 119 and 270 Patents. Ventex actively
induces its customers to use MEGAHEAT RX fabric in garments, and thus to infringe the 119
and 270 Patents.
43. Ventex actively induced Seirus to use HEATWAVE fabric in garments, and thus
to infringe the 119 and 270 Patents.
44. Ventex knows and has known that Seiruss use of the HEATWAVE fabric
infringes the D093 Patent. Ventex actively induced Seirus to use HEATWAVE fabric in
garments for sale in the United States, and thus to infringe the D093 Patent.
45. Ventex offered to sell MEGAHEAT RX fabric to customers and/or prospective
customers in the United States, and has sold MEGAHEAT RX fabric in the United States. For
example, Ventex has sold infringing MEGAHEAT RX fabric to United States-based companies
such as Athleta for incorporation into garments.
46. Ventex offered to sell and sold HEATWAVE fabric to Seirus in the United States.
47. Upon information and belief, Ventex also provided samples of MEGAHEAT RX
fabric to its United States-based customers, exporting samples from Korea. Therefore, Ventex
induced its United States based customers to infringe at least the 119 and 270 Patents by
importing MEGAHEAT RX samples into the United States.
48. Upon information and belief, Ventex also provided samples of HEATWAVE
fabric to Seirus, exporting samples from South Korea. Therefore, Ventex induced Seirus to
infringe at least the 119 and 270 Patents by importing HEATWAVE samples into the United
States.
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49. Upon information and belief, Ventex has also exported infringing goods into
Oregon for Dan Meyer to use and/or exhibit at trade shows or other marketing efforts in the
United States, and has therefore induced Dan Meyer to import those infringing products, and
thereby infringe the 119 and 270 Patents.
50. Ventex also imported MEGAHEAT RX fabric into the United States for purposes
of displaying and, upon information and belief, offering to sell said fabric at trade shows. For
example, Ventex attended the Outdoor Retailer trade show in Utah and displayed its infringing
MEGAHEAT RX fabric at that show.
D. Dan Meyers Infringing Acts
51. Dan Meyers public LinkedIn profile published by Meyer represents that he holds
the position of US Sales representative for Ventex. In that role, Dan Meyer, as agent to
Ventex and from Oregon offered to sell, and, upon information and belief, sold the
HEATWAVE/MEGAHEAT RX fabric to Seirus.
52. Dan Meyer attends trade shows on behalf of Ventex, for purposes of selling
MEGAHEAT RX fabric in the United States. Upon information and belief, Dan Meyer is shown
at left in the photograph below, at a trade show in the Ventex booth under a sign for
MegaHeat:

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53. Dan Meyer is also listed as a representative for Ventex and booth staff on the
website for the Outdoor Retailer Summer Market Trade Show in 2015, at which Ventex
displayed its MEGAHEAT RX fabric. Ventex or Dan Meyer imported MEGAHEAT RX fabric
into the United States for purposes of displaying and, upon information and belief, offering to
sell at the trade show.
54. Upon information and belief, Dan Meyer knows and has known that
MEGAHEAT RX fabric infringes the 119 and 270 Patents.
55. Upon information and belief, Dan Meyer knows and has known that Seiruss use
of the HEATWAVE fabric infringes the 119 and 270 Patents.
56. Upon information and belief, Dan Meyer knows and has known that his
customers use of MEGAHEAT RX fabric in garments infringes the 119 and 270 Patents. As
Ventexs agent, Dan Meyer actively induces his and/or Ventex customers to use MEGAHEAT
RX fabric in garments, and thus to infringe the 119 and 270 Patents.
57. Upon information and belief, as Ventexs agent, Dan Meyer actively induced
Seirus to use HEATWAVE fabric in garments, and thus to infringe the 119 and 270 Patents.
58. Upon information and belief, Dan Meyer knows and has known that Seiruss use
of the HEATWAVE fabric infringes the D093 Patent. As Ventexs agent, Dan Meyer actively
induced Seirus to use HEATWAVE fabric in garments for sale in the United States, and thus to
infringe the D093 Patent.
59. Upon information and belief, as Ventexs agent, Dan Meyer offered to sell
MEGAHEAT RX fabric to customers and/or prospective customers in the United States,
including Athleta.
60. As Ventexs agent, Dan Meyer offered to sell and sold HEATWAVE fabric to
Seirus in the United States.
61. Upon information and belief, Dan Meyer has imported samples of infringing
goods into Oregon for his use at trade shows or other marketing efforts in the United States.
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62. Upon information and belief, Dan Meyer has performed these unlawful acts from
his office in Oregon.
E. Ventexs Wrongful Advertising and Breach of Contract
63. On or around September 1, 2010, CSC and Ventex entered into a Material and
Component Supply Agreement (Agreement) for CSC and its subsidiaries and affiliates
(collectively, Columbia), and their designated agents, whereby Ventex made and sold to
Columbia materials or components pursuant to Columbias specifications.
64. Pursuant to the Agreement, suppliers appointed by Columbia as Finished Goods
Vendors are authorized to issue purchase orders for Materials from Ventex. (Id. 1.1,
2.) Materials is defined in the Agreement as all materials and components for . . .
incorporating into, or use in the manufacture of Finished Goods . . . offered by [Ventex].
(Id. 1.8.) Finished Goods are finished and partially-finished apparel, footwear, accessories
and equipment from Columbias current or upcoming product line, solely for supply to Columbia
or Columbias customers. (Id. 1.6.) A Material is thus any material that Ventex offers to
supply to Columbia for use in Columbias proprietary product lines for the current and next
marketing seasons.
65. In exchange for becoming an authorized Material Supplier for Columbia, Ventex
agreed to terms and conditions that protect Columbias proprietary intellectual property,
including its trademarks, copyrights, trade secrets, and patents relating to Columbias current or
upcoming product line. For example, Ventex agreed that it will not at any time directly contest
. . . the validity of any of the Trademarks. (Id. 4.1.) Trademarks is defined broadly in
section 1.16 to include a variety of intellectual property rights, and not just trademarks. Thus,
Trademarks includes, in addition to marks, any other intellectual property associated with
Materials or Finished Goods, including but not limited to all . . . patents . . . owned or licensed by
Columbia or its affiliates. Accordingly, Ventex agreed that, as a condition of qualifying as a
materials supplier or offering to provide a material or component to Columbias supply

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participants pursuant to the terms of the Agreement, Ventex would not challenge any of
Columbias patents covering that material. Ventex also agreed that it would not challenge any
patents covering any Finished Goods, which includes any of Columbias proprietary products in
its current or upcoming product line.
66. As of the time when Ventex entered into the Agreement, Columbia had
successfully launched its Omni-Heat Reflective product line, and Omni-Heat Reflective
products were part of its then-current and then-upcoming product lines.
67. After entering into the Agreement with CSC, Ventex supplied Columbia with
hundreds of thousands of yards of material for Columbias proprietary Omni-Freeze and other
products, earning millions of U.S. dollars in revenue under the Agreement. Ventex offered on
multiple occasions during its performance to make Omni-Heat Reflective fabric for
Columbia. When Columbia did not expand further its business with Ventex, Ventex secretly
opted to breach the Agreement and go into direct competition with Columbia, conspiring with
and inducing Seirus and other businesses to copy the Omni-Heat Reflective technology while
knowing full well that Omni-Heat Reflective was subject to pending or issued patent
protections.
68. Then, on January 11, 2017, Ventex filed the first of two petitions for inter partes
review pursuant to 35 U.S.C. 311 et seq., seeking to have the U.S. Patent Office find various
claims in the patents covering Omni-Heat Reflective invalid.
69. Notably, because Ventex offered to make Omni-Heat Reflective for Columbia,
it is a Material and an Exclusive Material as defined in the Agreement, and goods using
Omni-Heat Reflective fabric are Finished Goods under the Agreement. Accordingly, when
it decided to offer to make Omni-Heat Reflective, and entered into multiple discussions with
Columbia to that end, Ventex contractually obligated itself to respect Columbias intellectual
property rights and not to challenge the Omni-Heat Reflective Patents.
70. The Agreement also includes provisions concerning trademarks and private
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branding. Under Section 4.1 of the Agreement, Ventex agreed to only use the Trademarks on
or in connection with the Materials and only in the manner expressly set forth in writing by
Columbia. Ventex further agreed that it would not use any marks confusingly similar to the
Trademarks, nor use the Trademarks in conjunction with any other name, mark or third partys
goods. The term Trademarks is expressly defined in the Agreement and includes Columbia
Sportswear Company and Columbia, among other names, as well as the Diamond Design,
Columbia Sportswear/Diamond Design, and the Columbia/Diamond Design, among other marks.
71. Under Section 5.3 of the Agreement, Ventex agreed not to advertise or disclose
the existence and terms of this Agreement, the relationship between the parties . . . and the
supply of the Materials from Material Supplier to Columbia or other Authorized Persons.
72. The customers section of the Ventex website, available at
http://www.ventexkorea.com/eng/customers.htm, displays the Columbia Sportswear/Diamond
Design Trademark:
73. Columbia Sportswear has not authorized Ventex in writing to use or display the
Trademark in this manner.

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74. Columbia Sportswear is not a current customer of Ventex.
75. CSNA is listed in Addendum I of the Agreement as an affiliate of CSC, and is
therefore an intended beneficiary of the Agreement.
FIRST CLAIM FOR RELIEF
INFRINGEMENT OF UNITED STATES PATENT D657,093
(Against Ventex and Dan Meyer)

76. Columbia Sportswear restates and re-alleges each of the prior allegations,
photographs, and figures of this Complaint as if fully set forth herein.
77. Defendants Ventex and Dan Meyer have been, and presently are, actively
inducing Seiruss infringement of the D093 Patent in violation of 35 U.S.C. 271(b). Upon
information and belief, Ventex and Dan Meyer knew of the patent, knew that use of the
HEATWAVE fabric in garments for sale in the United States would infringe the patent, but
knowingly induced Seirus to import the HEATWAVE fabric into the United States and to use it
in garments for sale in the United States. Ventex and Dan Meyer knew of the adjudication in
early 2016 by this district court that Ventexs HEATWAVE fabric supplied exclusively to Seirus
for application to outdoor gear infringes the D093 patent.
78. Ventexs and Dan Meyers inducement of Seiruss infringement of the D093
Patent is, in every instance, willful and without CSNAs consent. Ventexs willful infringement
renders this case exceptional and entitles CSNA to enhanced damages and attorneys fees
pursuant to 35 U.S.C. 285.
79. Ventex and Dan Meyer will continue to induce infringement of the D093 Patent
unless enjoined by this Court.
80. Due to Ventexs and Dan Meyers inducement of Seiruss infringement of the
D093 Patent, CSNA is entitled to recover from Ventex and Dan Meyer damages adequate to
compensate for the infringement in an amount subject to proof at trial, but in no event less than a
reasonable royalty for the use made of the design.

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81. As an additional remedy for infringement of the D093 Patent, CSNA is entitled
to recover Ventexs total profits from its infringing acts, as well as all sales commissions Dan
Meyer earned in selling HEATWAVE fabric, under 35 U.S.C. 289.
82. Due to Ventexs and Dan Meyers induced infringement of the D093 Patent,
CSNA has suffered, is suffering, and will continue to suffer irreparable injury and damage for
which CSNA has no adequate remedy at law. CSNA is therefore entitled to a permanent
injunction against Ventexs and Dan Meyers further infringing conduct.
SECOND CLAIM FOR RELIEF
INFRINGEMENT OF UNITED STATES PATENT 8,424,119
COUNT I: DIRECT INFRINGEMENT (35 U.S.C. 271(a))

84. Defendants Ventex and Dan Meyer have been, and presently are, infringing the
119 Patent by importing into, selling and/or offering for sale in the United States fabrics that
infringe the 119 Patent in violation of 35 U.S.C. 271(a).
85. Neither Ventex nor Dan Meyer is licensed or otherwise authorized by CSNA to
make, use, import, sell, or offer to sell any product with heat reflective material covered by the
119 Patent and their conduct is, in every instance, willful and without CSNAs consent.
Ventexs willful infringement renders this case exceptional and entitles CSNA to enhanced
damages and attorneys fees pursuant to 35 U.S.C. 285.
86. Ventex and Dan Meyer will continue to import, offer to sell, and sell
MEGAHEAT RX fabric and HEATWAVE fabric unless enjoined by this Court.
87. Due to Ventexs and Dan Meyers infringement of the 119 Patent, CSNA is
entitled to recover from Ventex and Dan Meyer damages adequate to compensate for the
infringement in an amount subject to proof at trial, but in no event less than a reasonable royalty
Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
for the use made of the invention, together with interest and costs as fixed by this Court, and
treble damages where applicable, under 35 U.S.C. 284.
88. Due to Ventexs and Dan Meyers infringement of the 119 Patent, CSNA has
suffered, is suffering, and will continue to suffer irreparable injury and damage for which CSNA
has no adequate remedy at law. CSNA is therefore entitled to a permanent injunction against
Ventexs and Dan Meyers further infringing conduct.
COUNT II: INDUCED INFRINGEMENT (35 U.S.C. 271(b))

inducing the infringement of the 119 Patent in violation of 35 U.S.C. 271(b).
119 Patent and their conduct is, in every instance, willful and without CSNAs consent. Upon
information and belief, Ventex and Dan Meyer knew of the patent, knew that use of
MEGAHEAT RX and HEATWAVE fabric in garments would infringe the patent, yet knowingly
induced United States-based companies to use MEGAHEAT RX and HEATWAVE fabric in
garments for sale in the United States. By exporting MEGAHEAT RX and HEATWAVE fabric
to the United States Ventex also induced Dan Meyer and others to import the infringing fabric
into the United States, and thereby to infringe the patent. Ventexs willful infringement renders
this case exceptional and entitles Columbia to enhanced damages and attorneys fees pursuant to
35 U.S.C. 285.
92. Ventex and Dan Meyer will continue to induce infringement of the 119 Patent
93. Due to Ventexs and Dan Meyers induced infringement of the 119 Patent,
Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
CSNA is entitled to recover from Ventex and Dan Meyer damages adequate to compensate for
the infringement in an amount subject to proof at trial, but in no event less than a reasonable
royalty for the use made of the invention, together with interest and costs as fixed by this Court,
and treble damages where applicable, under 35 U.S.C. 284.
which Columbia Sportswear has no adequate remedy at law. CSNA is therefore entitled to a
permanent injunction against Ventexs and Dan Meyers further infringing conduct.
COUNT III: CONTRIBUTORY INFRINGEMENT (35 U.S.C. 271(c))

96. Defendants Ventex and Dan Meyer have been, and presently are, contributing to
the infringement of the 119 Patent by importing into, offering for sale, and selling in the United
States component parts of the patented invention disclosed in the 119 Patent, including but not
limited to MEGAHEAT RX fabric used in garments and component fabrics used in the Seirus
HEATWAVE products, in violation of 35 U.S.C. 271(c).
make, use, import, sell, or offer to sell any product or component part with heat reflective
material covered by the 119 Patent and their conduct is, in every instance, willful and without
CSNAs consent. Ventexs willful infringement renders this case exceptional and entitles CSNA
to enhanced damages and attorneys fees pursuant to 35 U.S.C. 285.
98. Ventex and Dan Meyer will continue to contribute to the infringement of the
119 Patent unless enjoined by this Court.
99. Due to Ventexs and Dan Meyers contributory infringement of the 119 Patent,
Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
THIRD CLAIM FOR RELIEF
INFRINGEMENT OF UNITED STATES PATENT 8,453,270
COUNT I: DIRECT INFRINGEMENT (35 U.S.C. 271(a))

102. Defendants Ventex and Dan Meyer have been, and presently are, infringing the
270 Patent by importing into, selling and/or offering for sale in the United States fabrics that
infringe the 270 Patent in violation of 35 U.S.C. 271(a).
270 Patent and their conduct is, in every instance, willful and without CSNAs consent.
Ventexs willful infringement renders this case exceptional and entitles Columbia to enhanced
damages and attorneys fees pursuant to 35 U.S.C. 285.
104. Ventex and Dan Meyer will continue to import, offer to sell, and sell
MEGAHEAT RX fabric and HEATWAVE fabric unless enjoined by this Court.
105. Due to Ventexs and Dan Meyers infringement of the 270 Patent, CSNA is
entitled to recover from Ventex and Dan Meyer damages adequate to compensate for the
infringement in an amount subject to proof at trial, but in no event less than a reasonable royalty
Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
for the use made of the invention, together with interest and costs as fixed by this Court, and
treble damages where applicable, under 35 U.S.C. 284.
106. Due to Ventexs and Dan Meyers infringement of the 270 Patent, CSNA has
suffered, is suffering, and will continue to suffer irreparable injury and damage for which CSNA
has no adequate remedy at law. CSNA is therefore entitled to a permanent injunction against
Ventexs and Dan Meyers further infringing conduct.
COUNT II: INDUCED INFRINGEMENT (35 U.S.C. 271(b))

inducing the infringement of the 270 Patent in violation of 35 U.S.C. 271(b).
270 Patent and their conduct is, in every instance, willful and without CSNAs consent. Upon
information and belief, Ventex and Dan Meyer knew of the patent, knew that use of
MEGAHEAT RX or HEATWAVE fabric in garments would infringe the patent, but knowingly
induced United States-based companies to use MEGAHEAT RX and HEATWAVE fabric in
garments for sale in the United States. By exporting MEGAHEAT RX and HEATWAVE fabric
to the United States Ventex also induced Dan Meyer and others to import the infringing fabric
into the United States, and thereby to infringe the patent. Ventexs willful infringement renders
this case exceptional and entitles CSNA to enhanced damages and attorneys fees pursuant to
35 U.S.C. 285.
110. Ventex and Dan Meyer will continue to induce infringement of the 270 Patent
Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
COUNT III: CONTRIBUTORY INFRINGEMENT (35 U.S.C. 271(c))

114. Defendants Ventex and Dan Meyer have been, and presently are, contributing to
the infringement of the 270 Patent by importing into, offering for sale, and selling in the United
States component parts of the patented invention disclosed in the 270 Patent, including but not
limited to MEGAHEAT RX fabric used in garments and component fabrics used in the Seirus
HEATWAVE products, in violation of 35 U.S.C. 271(c).
make, use, import, sell, or offer to sell any product or component part with heat reflective
material covered by the 270 Patent and their conduct is, in every instance, willful and without
CSNAs consent. Ventexs willful infringement renders this case exceptional and entitles CSNA
to enhanced damages and attorneys fees pursuant to 35 U.S.C. 285.
116. Ventex and Dan Meyer will continue to contribute to the infringement of the
270 Patent unless enjoined by this Court.
Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
FOURTH CLAIM FOR RELIEF
UNFAIR COMPETITION UNDER 43(a) THE LANHAM ACT
(Against Ventex)
120. Defendant Ventex uses in commerce the words, terms, names, and symbol of
Columbia Sportswear on the public Ventex website at www.ventexkorea.com/customers.htm to
designate Columbia Sportswear as one of Ventexs customers.
121. Ventexs website is directed to potential customers, including clothing
manufacturers based in Oregon, and intended to unlawfully associate Ventex with Columbia
Sportswear in the active pursuit of those Oregon-based customers. In so doing, Ventex is
unlawfully capitalizing on Columbias goodwill and established brand recognition in the clothing
manufacturers market.
122. Columbia Sportswear is not a customer of Ventex.
123. This designation and/or representation is false and likely to cause confusion,
mistake, or deception as to the affiliation, connection, or association between Ventex and
Columbia Sportswear in violation of 15 U.S.C. 1125.
124. Columbia Sportswear is being damaged, and/or is likely to be damaged, by such
act.
Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
125. Columbia Sportswear is entitled to injunctive relief in accordance with 15 U.S.C.
1125(a) and 1116, as well as all available monetary damages in an amount to be proven at
trial in accordance with 15 U.S.C. 1125(a), 1117(a), and 1118.
FIFTH CLAIM FOR RELIEF
UNFAIR COMPETITION UNDER OREGON STATE LAW
(Against Ventex)
127. Defendant Ventex uses in commerce the words, terms, names, and symbol of
Columbia Sportswear on the public Ventex website at www.ventexkorea.com/customers.htm to
designate Columbia Sportswear as one of Ventexs customers.
128. Ventexs website is directed to potential customers, including clothing
manufacturers based in Oregon, and intended to unlawfully associate Ventex with Columbia
Sportswear in the active pursuit of those Oregon-based customers. In so doing, Ventex is
unlawfully capitalizing on Columbias goodwill and established brand recognition in the clothing
manufacturers market.
129. Columbia Sportswear is not a customer of Ventex.
130. This designation and/or representation causes likelihood of confusion or
misunderstanding as to the sponsorship, approval, or certification of Ventex goods in violation of
Or. Rev. Stat. 646.608.
131. This designation and/or representation causes likelihood of confusion or
misunderstanding as to the affiliation, connection, or association between Columbia Sportswear
and Ventex in violation of Or. Rev. Stat. 646.608.
132. Columbia Sportswear is being injured, or will suffer injury, as a result of Ventexs
deceptive use of the Columbia Sportswear trademarks on the Ventex website.
133. Columbia Sportswear is entitled to an award of monetary damages to be proven at

Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
trial, punitive damages in an amount to be proven at trial, as well as an award of reasonable
attorneys fees in accordance with Or. Rev. Stat. 646.140 and 646.150.
SIXTH CLAIM FOR RELIEF
BREACH OF CONTRACT
(Against Ventex)
135. CSC and Ventex entered into a valid, enforceable contract, i.e., the Material and
Component Supply Agreement, supported by adequate consideration. CSNA is an intended
beneficiary of the Agreement.
136. Ventex manifested assent to all the written terms in the Agreement by signing the
Agreement via signature stamp.
137. Ventex has breached Section 4.1 of the Agreement by filing petitions for inter
partes review against the 119 and 270 Patents; displaying Columbia Sportswears trademarks
on the Ventex website in a manner that is not authorized by Columbia Sportswear in writing
and/or in conjunction with third-party goods; and by failing to maintain the confidentiality of the
existence of the Agreement, the relationship between Ventex and CSC, and/or the supply of
materials from Ventex to CSC or other Authorized Purchasers.
138. Columbia Sportswear is entitled to preliminary and permanent injunctive relief to
enjoin any and all of Ventexs acts or omissions that constitute continuing breaches of the
Agreement.
PRAYER FOR RELIEF
WHEREFORE, Columbia Sportswear respectfully requests that the Court enter judgment
in its favor and against Defendants Ventex Co., Ltd. and Dan Meyer, granting the following
relief:

Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
A. A permanent injunction against Ventex and Dan Meyers infringement of the
Columbia Patents;
B. A preliminary and permanent injunction enjoining Ventex from taking actions in
relation to the inter partes review proceedings, and an injunction mandating that Ventex
withdraw the inter partes review petitions;
C. A permanent injunction against Ventexs use of Columbia Sportswears
trademarks in any manner inconsistent with the Material and Component Supply Agreement;
D. An award of monetary damages in favor of CSNA and against Ventex and Dan
Meyer in an amount to be proven at trial, pursuant to 35 U.S.C. 284 and 289;
E. Enhancement of the damage award based upon Ventexs willful infringement of
the 119 and 270 Patents, pursuant to 35 U.S.C. 284;
F. An award of costs and attorneys fees to the fullest extent permitted by law,
including pursuant to 35 U.S.C. 285, 15 U.S.C. 1125 and 1117, and Or. Rev. Stat.
646.140 and 646.150.
G. Pre-judgment interest at the highest rate of interest allowed by law from the
earliest point of liquidation of any monetary damages until the date of entry of judgment;
H. Post-judgment interest at the highest rate of interest allowed by law from the date
of entry of judgment until paid in full;
I. Any other relief that this Court deems to be just and equitable.
//
//
//
//
//
//
//
Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
DEMAND FOR JURY TRIAL

Pursuant to Federal Rule of Civil Procedure 38(b), Columbia Sportswear respectfully
requests a trial by jury of all issues so triable.
Dated this 20th day of April, 2017.
Respectfully submitted,
By: s/ Nicholas (Nika) F. Aldrich

Nicholas F. Aldrich, OSB #160306
David W. Axelrod, OSB #750231
Telephone: 503.222.9981
Facsimile: 503.796.2900
Trial Attorney: Nicholas F. Aldrich
Of Attorneys for Plaintiffs

Columbia Sportswear North America, Inc.
and Columbia Sportswear Company

Pacwest Center
Portland, OR 97204
Fax: 503.796.2900
PDX\128898\204653\NFA\20133185.7
Case 3:17-cv-00623 Document 1-1 Filed 04/20/17 Page 1 of 2
JS 44 (Rev. 0/16) 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

Columbia Sportswear North America, Inc.; Columbia Sportswear Ventex Co., Ltd.; Dan Meyer
Company
(b) County of Residence of First Listed Plaintiff Washington County, OR County of Residence of First Listed Defendant Seoul, Korea
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Nicholas F. Aldrich; Schwabe, Williamson & Wyatt, P.C.;
1211 SW 5th Ave., Ste 1600; Portland, OR 97204; 503-222-9981;
naldrich@schwabe.com
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 840 Trademark u 460 Deportation
Student Loans u 340 Marine Injury Product u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395ff) u 480 Consumer Credit
of Veterans Benefits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) u 490 Cable/Sat TV
u 160 Stockholders Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 891 Agricultural Acts
u 362 Personal Injury - Product Liability Leave Act u 893 Environmental Matters
Medical Malpractice u 790 Other Labor Litigation u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 USC Section 101, et. seq.
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN u 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: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE Marco A. Hernandez DOCKET NUMBER 3:15-cv-00064-HZ
DATE SIGNATURE OF ATTORNEY OF RECORD
04/20/2017 s/ Nicholas (Nika) F. Aldrich
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 0/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
__________ of Oregon
District of __________
COLUMBIA SPORTSWEAR NORTH AMERICA, )

INC., an Oregon corporation, and )
COLUMBIA SPORTSWEAR COMPANY, an Oregon )
corporation, )
Plaintiff(s) )
)
v. Civil Action No. 3:17-cv-00623
)
VENTEX CO., LTD., a foreign company, )
and DAN MEYER, an individual, )
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address) Ventex Co., Ltd.

3,5F Gumsuk Building
195-3 Jamsil-Dong
Songpa-Gu, Seoul, Korea
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Nicholas F. Aldrich
Schwabe, Williamson & Wyatt, P.C.
1211 SW 5th Avenue, Suite 1600
Portland, OR 97204
(503) 222-9981; Fax (503) 796-2900
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 3:17-cv-00623
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
u I personally served the summons on the individual at (place)

on (date) ; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
__________ of Oregon
District of __________
COLUMBIA SPORTSWEAR NORTH AMERICA, )

INC., an Oregon corporation, and )
COLUMBIA SPORTSWEAR COMPANY, an Oregon )
corporation, )
Plaintiff(s) )
)
v. Civil Action No. 3:17-cv-00623
)
VENTEX CO., LTD., a foreign company, )
and DAN MEYER, an individual, )
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address) Dan Meyer

21151 Serango Drive
West Linn, OR 97068-2834
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Nicholas F. Aldrich
Schwabe, Williamson & Wyatt, P.C.
1211 SW 5th Avenue, Suite 1600
Portland, OR 97204
(503) 222-9981; Fax (503) 796-2900
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 3:17-cv-00623
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
u I personally served the summons on the individual at (place)

on (date) ; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
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My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
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Columbia Sportswear v. Ventex - Complaint

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Case 3:17-cv-00623 Document 1 Filed 04/20/17 Page 1 of 31

Nicholas F. Aldrich, OSB #160306

Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

COLUMBIA SPORTSWEAR No. 3:17-cv-00623

v. DEMAND FOR JURY TRIAL

VENTEX CO., LTD., a foreign company,

Plaintiffs Columbia Sportswear North America, Inc. (CSNA) and Columbia

NATURE OF THE ACTION

2. Columbia Sportswear seeks injunctive relief and damages against Defendants.

Oregon. CSNA owns the Columbia Patents.

4. Columbia Sportswear Company is a corporation organized and existing under the

Sportswear Company is the parent of Columbia Sportswear North America, Inc.

JURISDICTION AND VENUE

for relief pursuant to 28 U.S.C. 1331 and 1338(a).

11. Ventex is subject to personal jurisdiction in Oregon pursuant to Oregon Rule of

subject to personal jurisdiction in the State of Oregon pursuant to Rule 4(k)(2).

SCHWABE, WILLIAMSON & WYATT, P.C.

commerce for the specific purpose of being sold in Oregon.

Ventexs breach of that agreement has occurred in Oregon.

forth in Paragraphs 11-13, above.

in this forum state.

notions of fair play and substantial justice.

infringing goods from his office in Oregon.

A. The Patents in Suit

20. Columbia Sportswear Company is a leading innovator in the global outdoor

serving the needs of outdoor enthusiasts in more than 100 countries.

management material in a glove:

characteristics in the D093 Patent, depicts one of multiple embodiments contemplated by

SCHWABE, WILLIAMSON & WYATT, P.C.

23. Claim 1 of the 119 Patent recites:

1. A heat management material adapted for use with body gear,

a base material having a transfer property that is adapted to allow,

one or more heat-directing elements, each coupled to a first side of

2. The heat management material of claim 1, wherein the base

SCHWABE, WILLIAMSON & WYATT, P.C.

characteristics in the D093 Patent, depicts one of multiple embodiments contemplated by

27. Claim 1 of the 270 Patent recites:

1. A heat management material adapted for use with body gear,

SCHWABE, WILLIAMSON & WYATT, P.C.

a base material having a transfer property that is adapted to allow,

a discontinuous array of discrete heat-directing elements, each

2. The heat management material of claim 1, wherein the base

SCHWABE, WILLIAMSON & WYATT, P.C.

B. The Infringing Products

fabric. MegaHeat fabric is a breathable base fabric. Ventex manufactures a version of

providing the advantages of heat reflectivity.

made a version of MEGAHEAT RX for California-based Seirus Innovative Accessories, Inc.

which incorporate a lining with reflective material as shown below:

SCHWABE, WILLIAMSON & WYATT, P.C.

SCHWABE, WILLIAMSON & WYATT, P.C.

The liner, called the HEATWAVE LINER, is shown below:

37. Columbia Sportswear has purchased Seirus gloves containing Ventexs

been offered for sale at the Sports Authority in Corvallis, Oregon.

Seiruss sales of HEATWAVE products infringe the D093 Patent.

C. Ventexs Infringing Acts Concerning Patent Infringement

and 270 Patents.

and 270 Patents.

to infringe the 119 and 270 Patents.

45. Ventex offered to sell MEGAHEAT RX fabric to customers and/or prospective

such as Athleta for incorporation into garments.

importing MEGAHEAT RX samples into the United States.

thereby infringe the 119 and 270 Patents.