hawaii airboards v. nalu kai

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MOSELEY BIEHL TSUGAW A LAU & MUZZIA Hawaii Limited Liability Law CompanyALAN K. LAU 3981TEDSON H. KOJA 4793Bishop Place1132 Bishop St., Suite 2400Honolulu, Hawaii 96813Telephone: (808) 531-0490Email: [email protected]

[email protected] for PlaintiffHAWAIl AIRBOARDS, LLC

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF HAWAII

CIVIL NO.CV 11 006:5 9 1 ( C f ~ " v ~ HAWAll AIRBOARDS, LLC,a Hawaii Limited Liability Company,Plaintiff,

v.

NALU KAI INCORPORATED,a Delaware Corporation,Defendant.

COMPLAINT FOR PATENTINFRINGEMENT; EXHIBIT A;DEMAND FOR JURY TRIAL;SUMMONS

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, HAWAll AIRBOARDS, LLC, by and through its attorneys, Moseley BiehlTsugawa Lau & Muzzi, LLLC, hereby complains of Defendant NALU KAI INCORPORATEDas follows:

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I. PARTIES1. Plaintiff HAWAII AIRBOARDS, LLC ("HAWAII AIRBOARDS") is a limited

liability company organized and existing under the laws of the State of Hawaii with its principaloffice located in Kailua, Hawaii.

2. On information and belief, Defendant NALU KAI INCORPORATED ("NKI"and "Defendant") is a corporation organized and existing under the laws of the State ofDelaware, with its principal place of business located at Haiku Market Place, 810 Haiku Road,Haiku, Hawaii 96708.

II. JURISDICTION AND VENUE3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

1338(a) because this action arises under the patent laws of the United States, including 35 U.S.C. 271 et seq. This Court has personal jurisdiction over Defendant because it has committed actsgiving rise to this action within Hawaii and this judicial district and has established minimumcontacts within the forum such that the exercise of jurisdiction over the Defendant would notoffend traditional notions of fair play and substantial justice.

4. Venue properly lies in the District of Hawaii pursuant to 28 U.S.C. 1391 (b),1391(c), and 1400(b), because Defendant has committed acts within this judicial district givingrise to this action, and Defendant conducts business in this judicial district, including one ormore of the infringing acts of offering for sale or selling to consumers in this district.

III. CLAIMS5. HAWAII AIRBOARDS realleges and incorporates by reference the allegations

set forth in Paragraphs 1-4 above as if fully set forth herein.6. United States Patent Number 6,066,016 ("the '016 Patent") is entitled "Inflatable

Transportable Water Craft for Survival or Other Recreational Applications" and was duly and40126/5/76135 2


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legally issued to Robert N. Yonover on May 23, 2000. All rights and interest in the patent-in-suit have been assigned to HA WAIl AIRBOARDS. A true and correct copy of the patent-in-suitas issued is attached hereto as Exhibit A.

7. NKI is engaged in the business of making, offering for sale, selling, anddistributing inflatable stand-up paddleboards ("inflatable SUPs"), under the NAISH brand toconsumers throughout the United States, including Hawaii, such as, for example, the "Mana AirSeries" of inflatable SUP boards. On NKI's website - www.naishsurfing.com (last visited onOctober 19,2011) - NKI's inflatable SUPs are advertised as follows:

Super Rigid tnftstables

I I I I...... Ii"", 1J".

Share the Mana Air.IiiID I I

4in The Mana Airs are premium. high quality inflatable boardsdesigned with extra thickness and width for unmatched firmnessand stability. They afe incredibly stable, durable and compactablefor traveling paddlers riding in whitewater, rocky bottom flatwateror surf conditions.The Mana Air 6" is hands down the most rigid, stable,performanceoriented inflatable SUP board on market The ManaAir 4" IS for lighter rielers and for padellers needing thetransportability of an inflatable board while on a budget. Both the6" and the 4" corne complete vlith a h i l h ~ p r e s s u r e tlRuge pumpand a durable canvas carry case.

Back to the Full Board Range

Wina(and aSl'llilT poodle tool)

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_ 'T4Contest ends on October 31, 2011. Good Luck!

SPECIFICATIONSL W 0 Vol.

6" 10'0" 33 6 230tin)(m,) 305 84 15

4" 10'0" 33 4 210(in)

(em) 305 84 10CONSTRUCTIONFINS

HOME ABOUT HWSLHTER REGISTER OLD WEBSITE NAISH KITES NAISH SAILS SITE MAP

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8. NKI's websites further states that: "We have been designing, manufacturing andselling premium windsurfing, kiteboarding, and stand up paddle equipment since the inception ofeach sport - windsurfing since 1979, kiteboarding since 1999, stand up paddling since 2007."

HOME BOARDS PADDLES SOFT TECH FINDA TORE LIFESTYLE CONTEST

Welcome to the world of Naish,From our Founder and President, Robby Naish, to every single on8 of our Hawaii based employees, boardriding is whatwe are all about. We are not part of some gianl corporation and are not new 10 the world of board sports. We havebeen designing, manufacturing and selling premium windsurfing, kileboarding, and stand up paddle equipment since theinception of each sport -- windsUliing since 1979, kiteboarciing since 1999, stand lip paddling since 2007.Even Ihough Naish has decades of experience in composite construction and board design, we are constantly pushingIhe envelope with new materials, shapes and production techniques to advance our products. OUf stand up paddleboard range is one of the largest and the most focLised on the market. Between the clearly categorized Glide, Nalu,Mana, Alana and Hokua series, choosing the right board has never been easier. Whether you are flat water paddling,tOLiring, racing or wave riding, Naish has boards and paddles for anyone, of any ability, from novice to professionaLUnique as well, is the fact that all of our team riders use the exact same production equipment that our clistomers buy,They ride what you ride, not custom, This enslires our commitment to the clevelopment process and guarantees thatwhen you purchase aNaish product, you are b l ~ ~ n g Ihe bestWe would love to share ollr passion for board riding with you. We believe that any day on the water is agood day andwith the right boarel, it is that much better.See you on the water!Aloha,The Naish T an)

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HOME ABOUT NEWSLTTm REGISTER OLD WEBSITE NAISH KITtS NAISH SAILS SITE MAP

9. NKI's website further identifies at least one dealer located in Hawaii, forexample, Naish Hawaii, Ltd. Located at 155-C Hamakua Dr., Kailua, Hawaii 96734:

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NAISH DEALERSNaish Hawaii, Ltd.155-C Hamakua Dr., Kailua, HI.96734Phone: (808) 262-6068Email: s a l e s @ n a l s h ~ c o m h t l p l / l ' l w w ~ n a l s h . c o m

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HOME ABOUT NEWSLETTER REGISTER OLD WEBSITE NAISH KITES llAISH SAILS SITE MAP

10. NKI has infringed and continues to infringe under 35 U.S.C. 271 the '016Patent. The infringing acts include, but are not necessarily limited to, making, offering for sale,selling and distributing the product(s) identified in Paragraph 7, above.

11. Defendant's acts of infringement have caused damage to HAWAII AIRBOARDS.Under 35 U.S.C. 284, HA WAIl AIRBOARDS is entitled to recover from Defendant thedamages sustained by HAWAII AIRBOARDS as a result of its infringement of the '016 Patent.Defendant's infringement on HAWAII AIRBOARDS' exclusive rights under the '016 Patentwill continue to damage HA WAIl AIRBOARD causing irreparable harm, for which there is noadequate remedy of law, unless enjoined by this Court under 35 U.S.C. 283.

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PRAYER FOR RELIEFWHEREFORE, HAWAIl AIRBOARDS, LLC respectfully requests that this Court enter

judgment against DefendantNALU KAI INCORPORATED as follows:(a) NKI has infringed and continues to infringe the '016 Patent;(b) NKI and its respective directors, officers, employees, agents, subsidiaries,

parents, attorneys, and all persons acting in concert, on behalf of, in jointventure, or in partnership with NKI be preliminary and permanently enjoinedunder 35 U.S.C. 283 against any further acts of infringement;

(c) F or damages to be paid by NKI adequate to compensate HA WAIlAIRBOARDS, LLC for all infringement of the '016 Patent, including interest,costs and disbursements as justified under 35 U.S.C. 284;

(d) F or judgment finding this to be an exceptional case, and awarding HAWAllAIRBOARDS, LLC attorney fees under 35 U.S.C. 285; and

(e) For such further relief at law and in equity as the Court may deem just andproper.

DATED: Honolulu, Hawaii,

40126/5/76135

OCT 2 120"- - - - - - - - - - - - - - - - - - - - - - -

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ALANK. LAUTEDSONH. KOlAAttorneys for PlaintiffHAWAII AIRBOARDS, LLC

hawaii airboards v. nalu kai

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