COMPLAINT

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Michael K. Friedland (SBN 157,217)
michael.friedland@knobbe.com
Ali S. Razai (SBN 246,922)
ali.razai@knobbe.com
Emily Lee (SBN 292,402)
emily.lee@knobbe.com
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Telephone: (949) 760-0404
Facsimile: (949) 760-9502

Attorneys for Plaintiff Oakley, Inc.





IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA



OAKLEY, INC., a Washington
corporation,

Plaintiff,

v.

STAMPEDE PRESENTATION
PRODUCTS, INC., a Delaware
corporation; HSN, INC., a Delaware
corporation; TIGERDIRECT, INC., a
Florida corporation; and, WAL-MART
STORES, INC., a Delaware corporation,

Defendants.

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Civil Action No.
COMPLAINT FOR
PATENT INFRINGEMENT


DEMAND FOR JURY TRIAL


'14CV1785 JMA GPC

-1- COMPLAINT
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Plaintiff Oakley, Inc. (Oakley) hereby complains of Stampede
Presentation Products, Inc. (Stampede), HSN, Inc. (HSN), Tigerdirect, Inc.
(Tigerdirect), and Wal-Mart Stores, Inc. (Wal-Mart) (collectively
Defendants) and alleges as follows:
I. JURISDICTION AND VENUE
1. This Court has subject matter jurisdiction over this action pursuant
to 28 U.S.C. 1331 and 1338, as it arises under the patent laws of the United
States.
2. This Court has personal jurisdiction over Defendants because
Defendants have a continuous, systematic, and substantial presence within this
judicial district including by selling and offering for sale infringing products in
this judicial district, and by committing acts of patent infringement in this
judicial district, including but not limited to selling infringing eyewear directly
to consumers and/or retailers in this district and selling into the stream of
commerce knowing such products would be sold in California and this district,
which acts form a substantial part of the events or omissions giving rise to
Oakleys claim.
3. Venue is proper in this judicial district under 28 U.S.C. 1391 (b)
and (c), and 28 U.S.C. 1400(b).
II. THE PARTIES
4. Oakley is a corporation organized and existing under the laws of
the State of Washington, having its principal place of business at One Icon,
Foothill Ranch, California 92610.
5. Oakley is informed and believes, and thereon alleges, that
Defendant Stampede Presentation Products, Inc. is a corporation organized and
existing under the laws of the State of Delaware, having its principal place of
business at 55 Woodridge Drive, Amherst, New York 14228.
/ / /

-2- COMPLAINT
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6. Oakley is informed and believes, and thereon alleges, that
Defendant HSN, Inc. is a corporation organized and existing under the laws of
the State of Delaware, having its principal place of business at 1201 Hays Street,
Tallahassee, Florida 32301-2525.
7. Oakley is informed and believes, and thereon alleges, that
Defendant Tigerdirect, Inc. is a corporation organized and existing under the
laws of the State of Florida, having its principal place of business at 7795 West
Flagler Street, Miami, Florida 33144.
8. Oakley is informed and believes, and thereon alleges, that
Defendant Wal-Mart Stores, Inc. is a corporation organized and existing under
the laws of the state of Delaware, having its principal place of business at 702
SW 8
th
Street, Bentonville, Arkansas 72716.
9. Oakley is informed and believes, and thereon alleges, that
Defendants have committed the acts alleged herein within this judicial district.
III. GENERAL ALLEGATIONS
10. Oakley has been actively engaged in the manufacture and sale of
high quality eyewear since at least 1985. Oakley is the manufacturer and
retailer of several lines of eyewear that have enjoyed substantial success and are
protected by various intellectual property rights owned by Oakley.
11. On August 19, 2008, the United States Patent and Trademark
Office issued United States Design Patent No. D575,323 (the D323 Patent),
entitled EYEGLASS AND EYEGLASS COMPONENT. Oakley is the owner
by assignment of all right, title, and interest in the D323 Patent. A true and
correct copy of the D323 Patent is attached hereto as Exhibit A.
12. Defendants manufacture, use, sell, offer for sale and/or import into
the United States eyewear that infringe Oakleys patent rights.
/ / /
/ / /

-3- COMPLAINT
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IV. CLAIM FOR RELIEF
(Patent Infringement)
(35 U.S.C. 271)
13. Oakley repeats and re-alleges the allegations of paragraphs 1-12 of
this Complaint as if set forth fully herein.
14. This is a claim for patent infringement under 35 U.S.C. 271.
15. Stampede, through its agents, employees and servants, has, and
continues to, knowingly, intentionally and willfully directly infringe, engage in
acts of contributory infringement, and/or induce the infringement of the D323
Patent by directly and/or indirectly making, using, selling, offering for sale
and/or importing eyewear having a design that is covered by the claim of the
D323 Patent, including for example, the VidVision sunglasses video camera.
16. HSN, through its agents, employees and servants, has, and
continues to, knowingly, intentionally and willfully directly infringe, engage in
acts of contributory infringement, and/or induce the infringement of the D323
Patent by directly and/or indirectly making, using, selling, offering for sale
and/or importing eyewear having a design that is covered by the claim of the
D323 Patent, including for example, the VidVision sunglasses video camera.
17. Tigerdirect, through its agents, employees and servants, has, and
continues to, knowingly, intentionally and willfully directly infringe, engage in
acts of contributory infringement, and/or induce the infringement of the D323
Patent by directly and/or indirectly making, using, selling, offering for sale
and/or importing eyewear having a design that is covered by the claim of the
D323 Patent, including for example, the VidVision sunglasses video camera.
18. Wal-Mart, through its agents, employees and servants, has, and
continues to, knowingly, intentionally and willfully directly infringe, engage in
acts of contributory infringement, and/or induce the infringement of the D323
Patent by directly and/or indirectly making, using, selling, offering for sale

-4- COMPLAINT
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and/or importing eyewear having a design that is covered by the claim of the
D323 Patent, including for example, the VidVision sunglasses video camera.
19. Defendants acts of infringement of the D323 Patent were
undertaken without permission or license from Oakley. Defendants had actual
and/or constructive knowledge of the D323 Patent, and their actions constitute
willful and intentional infringement of the D323 Patent. Defendants infringed
the D323 Patent with reckless disregard of Oakleys patent rights. Defendants
knew, or it was so obvious that Defendants should have known, that their
actions constituted infringement of the D323 Patent. Defendants acts of
infringement of the D323 Patent were not consistent with the standards of
commerce for their industry.
20. As a direct and proximate result of Defendants patent
infringement, Defendants have derived and received gains, profits, and
advantages in an amount not presently known to Oakley.
21. Pursuant to 35 U.S.C. 284, Oakley is entitled to damages for
Defendants infringing acts and treble damages together with interests and costs
as fixed by this Court.
22. Pursuant to 35 U.S.C. 289, Oakley is entitled to Defendants total
profits from the sale of eyewear that infringe the D323 Patent.
23. Pursuant to 35 U.S.C. 285, Oakley is entitled to reasonable
attorneys fees for the necessity of bringing this claim.
24. Due to the aforesaid infringing acts, Oakley has suffered great and
irreparable injury, for which Oakley has no adequate remedy at law.
25. Defendants will continue to directly and/or indirectly infringe the
D323 Patent to the great and irreparable injury of Oakley, unless enjoined by
this Court.
/ / /
/ / /

-5- COMPLAINT
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WHEREFORE, Oakley prays for judgment in its favor against
Defendants for the following relief:
A. An Order adjudging each of Defendants to have willfully infringed
the D323 Patent under 35 U.S.C. 271;
B. A preliminary and permanent injunction enjoining Defendants,
their respective officers, directors, agents, servants, employees and attorneys,
and those persons in active concert or participation with Defendants, from
directly or indirectly infringing the D323 Patent in violation of 35 U.S.C. 271;
C. That Defendants account for all gains, profits, and advantages
derived by Defendants infringement of the D323 Patent in violation of
35 U.S.C. 271, and that Defendants pay to Oakley all damages suffered by
Oakley and/or Defendants total profit from such infringement pursuant to 35
U.S.C. 289;
D. An Order for a trebling of damages and/or exemplary damages
because of Defendants willful conduct pursuant to 35 U.S.C. 284;
E. An Order adjudging that this is an exceptional case;
F. An award to Oakley of the attorney fees, expenses, and costs
incurred by Oakley in connection with this action pursuant to 35 U.S.C. 285;
G. An award of pre-judgment and post-judgment interest and costs of
this action against Defendants; and,
H. Such other and further relief as this Court may deem just and
proper.
Respectfully submitted,

KNOBBE, MARTENS, OLSON & BEAR, LLP



Dated: J uly 29, 2014 By: /s/ Ali S. Razai
Michael K. Friedland
Ali S. Razai
Emily Lee
Attorneys for Plaintiff Oakley, Inc.

-6-
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DEMAND FOR JURY TRIAL
Plaintiff Oakley, Inc. hereby demands a trial by jury on all issues so
triable.
Respectfully submitted,
KNOBBE, MARTENS, OLSON & BEAR, LLP



Dated: J uly 29, 2014 By: /s/ Ali S. Razai
Michael K. Friedland
Ali S. Razai
Emily Lee
Attorneys for Plaintiff Oakley, Inc


18456355

TABLE OF EXHIBITS
TABLE OF EXHIBITS
Page #
Exhibit A ............................................................................................................... 1


18502677
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EXHIBIT A

Exhibit A
Page 1

Exhibit A
Page 2

Exhibit A
Page 3

Exhibit A
Page 4

Exhibit A
Page 5
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the inIormation contained herein neither replace nor supplement the Iiling and service oI pleadings or other papers as required by law, except as
provided by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is required Ior the use oI the Clerk oI Court Ior the
purpose oI initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County oI Residence oI First Listed PlaintiII County oI Residence oI First Listed DeIendant
(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)
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
PlaintiII (U.S. Government Not a Party) Citizen oI This State u 1 u 1 Incorporated or Principal Place u 4 u 4
oI Business In This State
u 2 U.S. Government u 4 Diversity Citizen oI Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
DeIendant (Indicate Citizenship of Parties in Item III) oI Business In Another State
Citizen or Subject oI 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 - oI Property 21 USC 881 u 423 Withdrawal u 400 State Reapportionment
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 u 410 Antitrust
u 140 Negotiable Instrument Liability u 367 Health Care/ u 430 Banks and Banking
u 150 Recovery oI Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 450 Commerce
& EnIorcement oI Judgment Slander Personal Injury u 820 Copyrights u 460 Deportation
u 151 Medicare Act u 330 Federal Employers` Product Liability u 830 Patent u 470 Racketeer InIluenced and
u 152 Recovery oI DeIaulted Liability u 368 Asbestos Personal u 840 Trademark Corrupt Organizations
Student Loans u 340 Marine Injury Product u 480 Consumer Credit
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY u 490 Cable/Sat TV
u 153 Recovery oI Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395II) u 850 Securities/Commodities/
oI Veteran`s BeneIits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) Exchange
u 160 Stockholders` Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 890 Other Statutory Actions
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI u 891 Agricultural Acts
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 893 Environmental Matters
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 895 Freedom oI InIormation
u 362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice u 790 Other Labor Litigation u 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS u 899 Administrative Procedure
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. PlaintiII Act/Review or Appeal oI
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or DeIendant) Agency Decision
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party u 950 Constitutionality oI
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 State Statutes
u 245 Tort Product Liability Accommodations u 530 General
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION
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 oI
ConIinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original
Proceeding
u 2 Removed Irom
State Court
u 3 Remanded Irom
Appellate Court
u 4 Reinstated or
Reopened
u 5 TransIerred Irom
Another District
(specify)
u 6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are Iiling (Do not cite jurisdictional statutes unless diversity):

BrieI description oI cause:
VII. REQUESTED IN
COMPLAINT:
u CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only iI demanded in complaint:
JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
OAKLEY, INC., a Washington corporation
Michael K. Friedland, Ali S. Razai
Knobbe, Martens, Olson & Bear LLP
2040 Main St., 14th Floor, Irvine, CA 92614; (949) 760-0404
35 U.S.C. Section 271
Patent Infringement of U.S. Patent
STAMPEDE PRESENTATION PRODUCTS, INC., a Delaware
corporation, HSN, INC., a Delaware corporation, TIGERDIRECT, INC., a
Florida corporation, and WAL-MART STORES, INC., a Delaware corporation
To Be Determined
7/29/2014
/s/ Ali S. Razai
No. D575323
'14CV1785 JMA GPC