Case 4:15-cv-00052 Document 1 Filed 01/22/15 Page 1 of 19 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
TRAXXAS LP,
Plaintiff,
v.
AMAZON.COM, INC.,
Defendant.

CIVIL ACTION NO.

A JURY IS DEMANDED

PLAINTIFF'S ORIGINAL COMPLAINT FOR DESIGN PATENT INFRINGEMENT

Plaintiff Traxxas LP ("Traxxas"), for its Original Complaint for Design Patent
Infringement against Defendant Amazon.com, Inc. ("Amazon"), states and alleges as follows:
I. PARTIES
1.

Plaintiff Traxxas is a Texas limited partnership organized and existing under the laws of

the State of Texas having its principal place of business at 6250 Traxxas Way, McKinney, TX
75070, and doing business in this judicial district.
2.

Defendant Amazon.com, Inc. (Amazon) is a corporation organized and existing under

the laws of the State of Delaware and registered to do business in the State of Texas, with a
principal place of business at 410 Terry Ave, North Seattle, WA 98109. Amazon is doing
business and infringing Traxxas' patents in the Eastern District of Texas and elsewhere in the
United States. Amazon may be served by serving its registered agent for service of process
Corporation Service Company dba CSC - Lawyers Incorporating Service Company at 211 E. 7th
Street, Suite 620, Austin, TX 78701-3218 USA.
II. JURISDICTION AND VENUE
3.

This action is for design patent infringement arising under the Patent Laws of the United

States, Title 35, United States Code, 271 et seq.

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4.

This Court has jurisdiction of this action under 28 U.S.C. 1331 and 1338(a). This Court

has personal jurisdiction over Amazon because Amazon is doing business and infringing Traxxas'
patents in the Eastern District of Texas and elsewhere in the United States. Amazons contacts
with Texas are substantial, continuous, and systematic, and this action is based on activities that
arise out of or are related to those contacts.
5.

Venue is proper against Amazon pursuant to 28 U.S.C. 1391.

III. BACKGROUND FACTS

6.

Traxxas LP is the owner and assignee of U.S. Design Patent No. D710,453 entitled

"Quadrotor Model Helicopter Airframe," ("the '453 Patent") duly issued on August 5, 2014 by
the United States Patent and Trademark Office, a copy of which is attached hereto as Pleading
Exhibit 1.
7.

Amazon is one of the worlds largest online retailers of a wide range of products,

including automobile accessories. Amazon owns, operates, maintains and controls the website
www.amazon.com.
8.

Through its website, (www.amazon.com), Amazon sells products directly to customers

all over the United States (including Texas) and throughout the word.
9.

Amazon also facilitates, encourages, participates in, and permits sales between third-

party sellers and customers. Third-party sellers use Amazon to list, market, sell, and distribute
their products. Amazon processes payments made by customers and provides the technology
and infrastructure to complete the sales between third parties and their customers.
10.

Additionally, Amazon operates a fulfillment service and network (the fulfillment

service) whereby third-party sellers send their products to Amazon fulfillment centers across the

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United States. Upon completing a sale on Amazon.com, Amazon ships the products for the
sellers and provides customer service on behalf of the sellers.
11.

Upon information and belief, Amazon markets, sells, offers for sale, fulfills sales,

distributes, and/or imports into the United States WL Toys V636 and V626 Quadrotor Model
Helicopter Airframes that infringe on the Traxxas '453 Patent (the Infringing Products).
12.

Upon information and belief, Amazons continued marketing, sales, offers for sale,

fulfillments of sales, distributions, and/or imports of the Infringing Products has injured, is
injuring, and will continue to cause irreparable injury to Traxxas.
13.

Domestic and international third-party sellers (particularly sellers based in China) use

Amazons fulfillment service to sell products that infringe on Traxxas '453 Patent.
14.

Amazons fulfillment service provides the technology, infrastructure, and logistics to

enable the sale and shipment of products that infringe on Traxxas' '453 Patent.
15.

Upon information and belief, Infringing Products have been sold on Amazon.com (or

through Amazons fulfillment service) to customers in Texas.

16.

Upon information and belief, Amazon has marketed the Infringing Products to Texas

customers and offered to sell the Infringing Products to Texas customers.

17.

Because there are so many sellers on Amazon.com who sell and (offer to sell) Infringing

Products, it is difficult for Traxxas to maintain an accurate and comprehensive list of all of
Amazons Infringing Product listings. The list of infringing product listings will continue to
change as new sellers emerge. To the best of Traxxas' knowledge, information, and belief, the
infringing product listings currently include:
Product/Seller Name

ASIN (Amazon Standard Identification Number)

Aisster
GetMore

B00ND3ZM9U
B00ND3ZM9U

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kkmoon
King so
Exotic4USA
DOZOKAA
City United Trading
DStyles
18.

B00Q4DV0DS
B00ORQSZHI
B00NESR0RQ
B00S6DFINM; B00S6DFJYK
B00QMY4G4O
B00S0YQBB0

Additionally, upon information and belief, Amazon acted in an objectively reckless

manner with respect to Traxxas' patent rights. Amazon has been made aware of infringing
product listings yet has taken no action to remove those listings.
19.

On information and belief, Amazon has used, marketed, sold, offered for sale,

participated in and substantially contributed to sales, and/or imported into the United States the
Infringing Products knowing that it was highly likely that their acts would constitute
infringement of a valid patent.
20.

Consequently, Amazon has engaged in willful infringement of the Traxxas Patent and

Traxxas is therefore entitled to treble damages, attorneys fees, court costs, and prejudgment
interest pursuant to 35 U.S.C. 284 and 285.
21.

Traxxas has been and continues to be significantly damaged by Amazons actions. So

long as Amazon continues to perform the unlawful and improper actions described in this
Complaint, Traxxas will continue to suffer irreparable harm that will not be fully compensable
by money damages.
22.

On October 8, 2014, Traxxas' counsel sent a notice of patent infringement to Amazon,

and demanded that Amazon remove all infringing products from amazon.com. Traxxas' October
8, 2014 notice is attached hereto as Pleading Exhibit 2.
23.

Defendant Amazon sells and/or offers to sell Quadrotor Model Helicopter Airframes that

infringe upon the '453 Design Patent under the ordinary observer test. Under this test, an

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accused design infringes upon a patented design if, in the eye of an ordinary observer, giving
such attention as a purchaser usually gives, two designs are substantially the same in that the
resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to
be the other. The comparative analysis between the accused design and the patented design is
made in light of the prior art.

Perspective View of U.S. Patent D710,453

WL Toys V636 Airframe Accused Product

24.

The Traxxas '453 patented design is directed to a Quadrotor Model Helicopter Airframe.

One perspective view and six orthogonal views of the subject '453 patented design are as
follows:

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U.S. Design Patent No. D710,453

Quadrotor Model Helicopter Airframe

Top, Right, Front Perspective View

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Top Plan View

Bottom Plan View

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Fig. 5 - Front Elevational View; Fig. 6 Right Side Elevational View

Fig. 7 - Left Side Elevational View; Fig. 8 - Rear Elevational View

Case 4:15-cv-00052 Document 1 Filed 01/22/15 Page 9 of 19 PageID #: 9

25.

Examples of prior art references that have some general common design features with the

'453 patented design are as follows:

US-D691,514S

HUBSAN X4

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BLADE
NANO QX

BLADE MQX

10

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26.

Although Plaintiff contends the ordinary observer test is not conducted in a side-by-side

comparison, for convenience the following is a comparative visual analysis of the patented
Quadrotor Model Helicopter Airframe design and the WL Toys V636 accused product:
Traxxas '453 Patented Design

WL Toys V636 Accused Product

Perspective View

Top Plan View

11

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Bottom Plan View

Front Elevational View

Rear Elevational View

Right Side Elevational View

12

Case 4:15-cv-00052 Document 1 Filed 01/22/15 Page 13 of 19 PageID #: 13

Left Side Elevational View

27.

Although Plaintiff contends the ordinary observer test is not conducted in a side-by-side

comparison, for convenience the following is a comparative visual analysis of the patented
Quadrotor Model Helicopter Airframe design and the WL Toys V626 accused product:

Traxxas '453 Patented Design

WL Toys V626 Accused Product

Perspective View

13

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Top Plan View

Bottom Plan View

Front Elevational View

14

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Rear Elevational View

Right Side Elevational View

Left Side Elevational View

IV. COUNT I: PATENT INFRINGEMENT UNDER 35 U.S.C. 271, ET SEQ.

28.

The preceding paragraphs are incorporated herein by reference.

29.

Defendant Amazon markets, sells, offers for sale, participates in, substantially contributes

to sales, and/or imports into the United States, one or more Quadrotor Model Helicopter
Airframe products as pictured above that fall within the scope of the claim of U.S. Design Patent
No. D710,453, all in violation of 35 U.S.C. 271, et seq.
30.

Traxxas has not granted Amazon (or any third-party sellers on amazon.com) permission,

license, or authorization to use the designs in the Traxxas '453 Patent.

15

Case 4:15-cv-00052 Document 1 Filed 01/22/15 Page 16 of 19 PageID #: 16

31.

The patented and accused designs depart conspicuously from the prior art in similar

ways.
32.

A finding of infringement is appropriate in this case because, without limitation, the

accused designs have copied particular features of the claimed design that depart conspicuously
from the prior art.
33.

The accused designs infringe the '453 patented design under the ordinary observer test.

34.

Upon information and belief, Defendant Amazon has acted in an objectively reckless

manner with regard to the Traxxas '453 Patent and the acts of infringement by Defendant
Amazon described above have been and continue to be intentional and willful.
35.

Upon information and belief, Defendant Amazon used, marketed, sold, offered for sale,

participated in and substantially contributed to sales, and/or imported into the United States the
Infringing Products knowing that it was highly likely that its actions would constitute
infringement of a valid patent.
36.

Defendant Amazon knew or reasonably should have known that its actions were highly

likely to result in the infringement of a valid patent.

37.

Plaintiff Traxxas is entitled to damages as a result of Defendant's infringement, as

provided by law.
38.

Defendant has engaged in willful infringement of the Traxxas '453 Patent, and Traxxas is

therefore entitled to treble damages, attorneys fees, costs incurred in this action, and
prejudgment interest pursuant to 35 U.S.C. 284 and 285.
39.

On information and belief, Defendant has caused irreparable damage to Traxxas by its

acts of infringement as described above and will continue said acts of infringement unless
permanently enjoined by this Court.

16

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V. COUNT II: INDUCED PATENT INFRINGEMENT, 35 U.S.C. 271(b)

40.

The preceding paragraphs are incorporated herein by reference.

41.

Through its website and its fulfillment service, Amazon sells, offers to sell, and/or

imports the Infringing Products.

42.

Amazon permits, assists, and encourages third-parties to post the Infringing Products for

sale on amazon.com.
43.

Amazon permits, assists, and encourages the sale of Infringing Products on amazon.com

and through its fulfillment service.

44.

Amazon has been made aware of multiple infringing product listings.

45.

Amazon has nevertheless not taken action to prevent the marketing, sale, offer for sale,

and/or importation of the Infringing Products.

46.

Amazon has been and is now actively inducing infringement of the Traxxas '453 Patent

in violation of 35 U.S.C. 271(b), by, among other things, permitting, assisting, and encouraging
third-parties to post the Infringing Products for sale on Amazon.com. Amazon is aware of the
Traxxas '453 Patent and knows that third-parties are selling Infringing Products on the
Amazon.com website. Amazon thereby specifically knows and intends that third-parties infringe
the 859 Patent, or Amazon knows that it is highly probable its actions will encourage
infringement of a patent.
VI. COUNT III: CONTRIBUTORY PATENT INFRINGEMENT, 35 U.S.C. 271(c)
47.

The preceding paragraphs are incorporated herein by reference.

48.

Through its website and its fulfillment service, Amazon sells, offers to sell, and/or

imports the Infringing Products.

17

Case 4:15-cv-00052 Document 1 Filed 01/22/15 Page 18 of 19 PageID #: 18

49.

Amazon permits, assists, and encourages third-parties to post the Infringing Products for

sale on amazon.com.
50.

Amazon permits, assists, and encourages the sale of Infringing Products on amazon.com

and through its fulfillment service.

51.

Amazon has been made aware of multiple infringing product listings.

52.

Amazon has nevertheless not taken action to prevent the marketing, sale, offer for sale,

and/or importation of the Infringing Products.

53.

The Infringing Products are not a staple or article suitable for any substantial non-

infringing use.
VII. PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that judgment be entered in its favor and against
Defendant Amazon for the following relief:
A.

That U.S. Design Patent No. D710,453 is valid and enforceable;

B.

That Defendant has infringed U.S. Design Patent No. D710,453 and that such

infringement was willful;

C.

That Defendant Amazon has contributorily infringed U.S. Design Patent No.

D710,453 and that such infringement was willful;

D.

That Defendant Amazon has induced infringed U.S. Design Patent No. D710,453

and that such infringement was willful;

E.

An award of damages to Traxxas against Defendant for infringement of U.S.

Design Patent No. D710,453 under 35 U.S.C. 284 or 289;

F.

In the event Traxxas elects to recover damages under 35 U.S.C. 284, an increase

of the sums awarded to Traxxas to three times the actual damages, pursuant to 35 U.S.C. 284;

18

Case 4:15-cv-00052 Document 1 Filed 01/22/15 Page 19 of 19 PageID #: 19

G.

That Defendant be permanently enjoined from infringing U.S. Design Patent No.

D710,453;
H.

That this case be deemed as exceptional under 35 U.S.C. 285 due to the

intentional and willful nature of Defendant's infringement, and an award to Plaintiff Traxxas of
attorney fees under 35 U.S.C. 285;
I.

An award of prejudgment and post judgment interest and costs of suit to Plaintiff

Traxxas; and
J.

An Order granting Plaintiff Traxxas such other and further relief as deemed just

and equitable.
VI. DEMAND FOR JURY TRIAL
Plaintiff Traxxas, pursuant to Rule 38(b) of the Federal Rues of Civil Procedure,
demands a trial by jury on all issues triable by right by a jury.

Respectfully submitted,
/s/ Robert G. Oake, Jr.
Robert G. Oake, Jr.
Texas State Bar No. 15154300
Oake Law Office
825 Market Street, Suite 250
Allen, Texas 75013
(214) 207-9066
rgo@oake.com
Attorney for Plaintiff Traxxas LP.

19

JS 44 (Rev. 12/12)

Case 4:15-cv-00052 Document 1-1 Filed 01/22/15 Page 1 of 2 PageID #: 20

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

TRAXXAS, LP

AMAZON.COM, INC.

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Collin

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(IN U.S. PLAINTIFF CASES ONLY)

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

Attorneys (If Known)

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

Robert G. Oake, Jr., Oake Law Office, 825 Market Street, Suite 250,
Allen, Texas 75013, (214) 207-9066

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

1

U.S. Government
Plaintiff

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

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

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

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

DEF
1

and One Box for Defendant)

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

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

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

CONTRACT

TORTS

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

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

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

FORFEITURE/PENALTY

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

625 Drug Related Seizure

of Property 21 USC 881
690 Other

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

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

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

FEDERAL TAX SUITS

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

OTHER STATUTES

375 False Claims Act

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

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

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

1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

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

35 U.S.C. Sec. 271, et seq.

VI. CAUSE OF ACTION Brief description of cause:

Design Patent Infringement

DEMAND $
CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE HON. AMOS L. MAZZANT, U.S.D.C.J.
DATE

CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
DOCKET NUMBER 4:14-cv-00614

SIGNATURE OF ATTORNEY OF RECORD

/s/Robert G. Oake, Jr.

01/22/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

Print

APPLYING IFP

Save As...

JUDGE

MAG. JUDGE

Reset

Case 4:15-cv-00052 Document 1-1 Filed 01/22/15 Page 2 of 2 PageID #: 21

JS 44 Reverse (Rev. 12/12)

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)

(b)

(c)

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.
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.)
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 six 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. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

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.

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OAKE LAW OFFICE

825 Market Street, Suite 250

Allen, Texas 75013

PATENT AND INTELLECTUAL PROPERTY LITIGATION

ROBERT G. OAKE, JR.

REGISTERED PATENT ATTORNEY
BOARD CERTIFIED - CIVIL TRIAL ADVOCATE,
NATIONAL BOARD OF TRIAL ADVOCACY
LL.M - PATENT AND INTELLECTUAL PROPERTY LAW

Telephone 972.996.4777
Cell
214.207.9066
Email rgo@oake.com
Web Site www.oake.com

October 8, 2014

Via fax: 302-636-5454
Corporation Service Company

Amazon.com, Inc.
410 Terry Avenue
North, Seattle, WA 98019
c/o Corporation Service Company
Registered Agent for Amazon.com, Inc.
2711 Centerville Road, Suite 400
Wilmington, Delaware 19808

Re:
Traxxas LP v. Shantou Chenghai Weili Toys Industrial Co., Ltd., Case No. 4:14-cv00614; U.S. Design Patent No. D710,453
Dear Registered Agent for Amazon.com, Inc.,


This law firm represents Traxxas LP (Traxxas) in connection with its intellectual
property rights. The offer for sale and sale by Amazon.com, Inc. (Amazon.com) of the
Quadrotor Helicopter Airframe pictured below left is an infringement of Traxxas' rights in
Design Patent D710,453 pictured below right (patent attached).

WL Toys V636 Accused Airframe

Traxxas Design Patent D710,453

1

Case 4:15-cv-00052 Document 1-3 Filed 01/22/15 Page 2 of 3 PageID #: 34

This letter constitutes a formal demand by Traxxas that Amazon.com immediately

CEASE and DESIST from selling, offering for sale, and/or importing into the United States
the WL Toys V636 Quadrotor Helicopter Airframe pictured above, or the WL Toys V626
Quadrotor Helicopter Airframe pictured below left, or any other Quadrotor Helicopter
Airframe that looks confusingly similar to the design claimed in United States Design Patent
D710,453.

WL Toys V626 Accused Airframe

Traxxas Design Patent D710,453



The WL Toys V636 and V626 Accused Airframes infringe upon the Traxxas Design
Patent because an ordinary observer, giving such attention as a purchaser usually gives,
would consider the two designs to be substantially the same.


PLEASE BE ADVISED that a LAWSUIT has been filed by Traxxas against Shantou
Chenghai Weili Toys Industrial Co., Ltd., (WL Toys), who is the manufacturer of the V636
and V626 Airframes. The lawsuit is attached. A comparative side-by-side analysis of the
patented and accused designs V636 and V626 is set forth in the lawsuit.

Traxxas has several options to enforce its legal rights in its Design Patent D710,453
against Amazon.com. Traxxas is entitled to seek: (1) preliminary and permanent
injunctions; (2) actual monetary damages; (3) disgorging of any profits Amazon.com
realized through its sale of the V636 and V626 Quadrotor Helicopter Airframes; and (4)
reimbursement of attorneys fees and court costs required to prosecute a lawsuit against
Amazon.com.


Traxxas will undertake all appropriate steps to protect its design patent rights.
Please contact me within seven (7) days of your receipt of this Cease and Desist letter to
provide assurances that Amazon.com will immediately cease and desist all infringing
activities. If you fail to provide such assurances, Traxxas will proceed with continued
enforcement action against Amazon.com.

Case 4:15-cv-00052 Document 1-3 Filed 01/22/15 Page 3 of 3 PageID #: 35

Finally, if you require that Amazon.com be added as a named defendant in Traxxas

LP v. Shantou Chenghai Weili Toys Industrial Co., Ltd., Case No. 4:14-cv-00614 before
Amazon.com will immediately cease and desist all infringing activities, please advise us of that
fact.

If you or your attorney has any questions, please feel free to contact me.

Sincerely,

Robert G. Oake, Jr.
Attorney for Traxxas LP

Attachments:

Lawsuit - Traxxas LP v. Shantou Chenghai Weili Toys Industrial Co., Ltd.
Design Patent D710,453