1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. For its Complaint, Plaintiff National Products, Inc.

(NPI) states and alleges as follows: The Parties NPI is a corporation organized and existing under the laws of the State of v. INTERACTIVE LIFE FORMS, LLC, Defendant. JURY TRIAL DEMANDED UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE NATIONAL PRODUCTS, INC., Plaintiff, COMPLAINT Case No. 2:13-CV-0270

Washington, having its principal place of business at 8410 Dallas Avenue S., Seattle, Washington 98108. 2. NPI is a market leader in the design, manufacture, and sale of innovative

mounting systems, including suction cup mounts capable of securing a variety of portable devices. 3. Upon information and belief, Defendant Interactive Life Forms, LLC (ILF or

Defendant) is a domestic limited liability company organized and existing under the laws of the state of Texas, having its principal place of business at 4401 Freidrich Lane, Suite 400,
COMPLAINT Case No. 2:13-cv-0270 -1FENWICK & WEST LLP
1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101 TELEPHONE 206.389.4510 FACSIMILE 206.389.4511

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Austin, Texas 78744. 4. Upon information and belief, ILF is a manufacturer, distributor, and retailer of

the Fleshlight Shower Mount. ILF markets and sells its products directly to the public throughout the United States, including within this judicial district, through its internet website. ILF also distributes its products throughout the United States, including within this judicial district, through online retailers such as Amazon.com. On information and belief, ILF has advertised, distributed, and sold the products which are the subject of the patent infringement alleged in this lawsuit in this district. Jurisdiction and Venue 5. This is an action for patent infringement arising under the Acts of Congress

relating to patents, 35 U.S.C. 271, 281285. 6. 1338(a). 7. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400(b). The 420 Patent 8. On December 23, 2003, U.S. Patent No. 6,666,420 (the 420 patent), entitled This Court has subject matter jurisdiction under 28 U.S.C. 1331 and

Suction Cup Having Compact Axial Installation and Release Mechanism, was duly and legally issued to Jeffrey D. Carnevali. NPI acquired all right, title, and interest to the patent on May 20, 2005. NPI has owned the 420 patent throughout the period of ILFs infringing acts and still owns the patent. A copy of the 420 patent is attached as Exhibit A. The 420 patent is generally directed towards a suction cup apparatus that mounts and secures a variety of portable devices. Count I Patent Infringement 9. 10. NPI realleges and reincorporates the allegations in paragraphs 18 above. ILF has been, is currently, and will continue to infringe one or more claims of

the 420 patent, directly, contributorily, and/or by inducement, by making, using, offering to
COMPLAINT

-2-

FENWICK & WEST LLP

1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101 TELEPHONE 206.389.4510 FACSIMILE 206.389.4511

Case No. 2:13-cv-0270

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

sell, and selling within the United States, and/or importing into the United States, products that infringe the 420 patent, including without limitation the Fleshlight Shower Mount, including in this judicial district. 11. As a direct and proximate consequence of ILFs infringement of the 420

patent, NPI has suffered irreparable harm, and NPI will continue to suffer irreparable harm in the future unless ILF is enjoined from infringing the 420 patent. 12. Upon information and belief, the continued infringement by ILF of the 420

patent is willful. Prayer for Relief WHEREFORE, NPI prays for the following relief: a. b. A judgment that ILF has infringed the 420 patent; An order preliminarily and permanently enjoining and restraining ILF, its

officers, directors, agents, servants, employees, licensees, attorneys, and all other persons acting under or through ILF, directly or indirectly, from infringing the 420 patent; c. A judgment and order requiring that ILF pay damages under 35 U.S.C. 284,

including treble damages as provided by 35 U.S.C. 284, with prejudgment interest; d. A judgment and order directing ILF to pay the costs of this action (including

all disbursements) and attorneys fees as provided by 35 U.S.C. 285, with prejudgment interest; e. Such other and further relief as the Court may deem just and equitable.

COMPLAINT

-3-

FENWICK & WEST LLP

1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101 TELEPHONE 206.389.4510 FACSIMILE 206.389.4511

Case No. 2:13-cv-0270

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
COMPLAINT

Demand for Jury Trial NPI hereby demands a trial by jury of all issues so triable.

NATIONAL PRODUCTS, INC. By its attorneys, Dated: February 13, 2013 FENWICK & WEST LLP

By: s/David K. Tellekson David K. Tellekson (WSBA No. 33523) By: s/Ewa M. Davison Ewa M. Davison (WSBA No. 39524) By: s/Jeffrey A. Ware Jeffrey A. Ware (WSBA No. 43779) 1191 Second Avenue, 10th Floor Seattle, WA 98101 Telephone: 206.389.4510 Facsimile: 206.389.4511 Email: dtellekson@fenwick.com edavison@fenwick.com jware@fenwick.com Attorneys for Plaintiff National Products, Inc.

-4-

FENWICK & WEST LLP

1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101 TELEPHONE 206.389.4510 FACSIMILE 206.389.4511

Case No. 2:13-cv-0270