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Brooks F. Cooper, OSB # 941772

2300 SW First Avenue, Suite 101 Portland, OR 97201
v: 971.645.4433 f: 503.296.5704

e: brooks@bcooper-law.com Attorney for Plaintiff Dual Lever Suspension, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

DUAL LEVER SUSPENSION, L.L.C.,

An Oregon Limited Liability Company,

Plaintiff,
v.

Case No. QV 11 13? 1^r^

COMPLAINT

Patent Infringement - 35 U.S.C. 271

SANTA CRUZ BICYCLES, INC., a California corporation

Defendant.

DEMAND FOR JURY TRIAL

COMPLAINT FOR PATENT INFRINGEMENT:

PARTIES

Plaintiff, Dual Lever Suspension, LLC, is an Oregon Limited Liability Company. It is the
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Brooks Cooper
2300 SW First Ave., Ste 101 Portand, OR 97201 v: 971.645.4433; f: 503.296.5704
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assignee of 100% of the rights to U.S. Patent Number 7,918,472 B2 which is described below.
2.

Defendant SANTA CRUZ BICYCLES, INC. is a California corporation doing business inOregon by offering the infringing products described below through retail dealers in Oregon.
JURISDICTION
3.

This is a civil action for patent infringement, injunctive relief, anddamages arising under the United States Patent Act, 35 U.S.C. 1,etseq. This Court has subject matter jurisdiction
of the claimsassertedherein under 28 U.S.C. 1331 and 1338(a).
4.

This Court has inpersonamjurisdiction over Defendant because it conducts business

within Oregon, the forum state, and has committed acts of patent infringement in this District.

Defendant advertises and interactively offers for sale the infringing product in printmedia, or

periodicals distributed in Oregon or on broadcast media receivable in Oregon.

Defendant has systematic and continuous contacts withthe State of Oregon and has purposefully availed itselfthe privilege of conducting activities in Oregon by soliciting and/or
conducting business transactions in Oregon.
VENUE
5.

A substantial part of the acts, events and omissions giving rise to the claims asserted in

this action occurred within thisjudicial District, and plaintiffresides and is headquartered in this

judicial District. Venue is therefore proper in thiscourt under the provisions of 28 U.S.C. 1391(b) and (c) and 1400(b). Federal question jurisdiction is conferred pursuant to U.S.C.
1331 and 1338(a). Page 2-COMPLAINT
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THE PATENT IN SUIT

6.

On April 5,2011, U.S. Patent No. 7,918,472 ("the 472" patent") entitled "DUAL-LEVER

COMPRESSION SUSPENSION SYSTEM" was duly and legally issued to Kris Devin Peterson.

Mr. Peterson subsequently assigned the entireright, title and interest in and to the '472 patentto
Dual Lever Suspension, LLC. A copy of the patent is attached as EXHIBIT A.
CLAIM FOR RELIEF

(Patent Infringement)
7.

In violation of 35 U.S.C. 271 (a), (b) and (c), Defendant has infringed and continues to
infringe directly or under the doctrine of equivalents; has induced and continues to induce others

to infringe; and/or has committed and continues to commit acts of contributory infringement of
one or more of the claims of the '472 patent.
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V.

8.

The '472 patent provides an image of its claims embodied in a bicycle frame. Thisis the
image:

9.

Defendant Santa Cruz offers, through its dealers in Oregon, bicycle models called
"Butcher," "Blur," "Blur XC Carbon," "Tall Boy," "Tall Boy Carbon," "Blur TR Carbon," Blur
LT," "Blur LT Carbon," "Nickel," "VIO Carbon," "Nomad," and "Nomad Carbon" which each

infringe one or more claims of the '472 patent. Each of them is offered as a complete bicycle or
simply a frameset.
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///

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2300 SW First Ave, Ste 101 Portland, OR 97201 v: 971.645 4433; f: 503.296.5704
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10.

Here is an image of the "Butcher" frameset as an example of the infringing products

defendant makes, offers for sale and sells:

.4 /

PRAYER FOR RELIEF

WHEREFORE, Plaintiffrespectfully requests and praysthat this Courtenterjudgmentin

its favor against defendant, and grant the following relief: A. A judgment declaring that defendant's conduct has infringed, induced others to

infringe, and/or committed acts of contributory infringement with respect to the '472 patent in
violation of 35 U.S.C. 271 (a), (b) and (c);

B.

A judgment that Defendant's infringements of the '472 patent have been willful

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2300 SW First Ave, Ste 101 Portland, OR 97201 v: 971.645.4433; f: 503.296.5704
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and intentional;

C.

Immediately and permanently enjoining Defendant, its officers, directors, agents,

servants, employees, representatives, attorneys, related companies, successors, assigns and all

others in active concert or participation with them, from any further acts of infringement,
inducement of infringement, or contributory infringement of the '472 patent; D. An order pursuantto 35 U.S.C. 284, awarding Plaintiffdamages adequate to

compensate Plaintiff for Defendant's infringement of the '472 patent, in an amount to be

determined at trial, but in no event less than a reasonable royalty on the productsor the complete
bicycles of which they comprise a part; E. An order pursuant to 35 U.S.C. 284, and based on Defendant's willful and

intentional infringements of the '472 patent, trebling all damages awarded to Plaintiff; F. An order, pursuant to 35 U.S.C. 284, awarding to Plaintiff pre-judgment and

post-judgment interest on the damages and its costs incurred in this action; G. An order, pursuant to 35 U.S.C. 285 directing Defendant to deliver to Plaintiff,

for destruction at Plaintiffs option, all products that infringe the '472 patent; and

H.

Awarding plaintiff such other reliefas the Court may deem just andequitable.

DATED this 17th day ofNovember 2011.

B6(5fs F. Cooper, OSB # 94177
Of Attorneys for Plaintiff Dual Lever Suspension, LLC
DEMAND FOR JURY TRIAL

Plaintiff Demands a trial by jury of all claims where it is so entitled, pursuant to FRCP
38(b).

DATED this 17th day ofNovember 2011.

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\ Cooper, OSB# 94177

'Of Attorneys for Plaintiff

Dual Lever Suspension, LLC

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2300 SW First Ave, Ste 101 Portland, OR 97201 v: 971.645.4433; f: 503.296.5704
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