Mentor Group v. Hogue - Complaint
Mentor Group v. Hogue - Complaint
19 WESTERN DIVISION
113003221.2
Case 2:20-cv-11177 Document 1 Filed 12/09/20 Page 2 of 8 Page ID #:2
1 Plaintiffs Mentor Group, LLC (“Mentor”) and Benchmade Knife Co., Inc.,
2 (“Benchmade,” and together with Mentor, “Plaintiffs”) for their Complaint against
3 Defendant Hogue, Inc. (“Hogue”) hereby allege as follows:
4 NATURE OF THE ACTION
5 1. This is an action for patent infringement arising under the patent laws of
6 the United States, including 28 U.S.C. §§ 271, 281-285, and 289.
7 2. This lawsuit pertains to Hogue’s infringement of Mentor’s U.S. Design
8 Patent No. 686,900 (the “D’900 Patent”). This patent protects Plaintiffs’ ornamental
9 design of a unique knife blade.
10 3. Plaintiffs seek injunctive relief and damages against Hogue.
11 THE PARTIES
12 4. Plaintiff Mentor is an Oregon limited liability company organized and
13 existing under the laws of the State of Oregon, with its principal place of business at
14 300 Beavercreek Road, Oregon City, Oregon 97045. Mentor owns the D’900 Patent.
15 Mentor licenses the D’900 Patent to Benchmade pursuant to the terms of an exclusive
16 license.
17 5. Plaintiff Benchmade is an Oregon corporation, organized and existing
18 under the laws of the State of Oregon, with its principal place of business at 300
19 Beavercreek Road, Oregon City, Oregon 97045. Under license from Mentor,
20 Benchmade has the exclusive right to manufacture, offer for sale, sell, and import
21 products practicing the D’900 Patent.
22 6. On information and belief, Defendant Hogue is a corporation, organized
23 and existing under the laws of the State of Wyoming, with places of business both at
24 2063 Pabco Road, Henderson, Nevada 89011 and at 550 Linne Road, Paso Robles,
25 California 93446.
26 7. On information and belief, Defendant Hogue manufactures and sells,
27 among other products, knives infringing the D’900 Patent in the State of California at
28
1
113003221.2
Case 2:20-cv-11177 Document 1 Filed 12/09/20 Page 3 of 8 Page ID #:3
1 Hogue’s offices, manufacturing plant, and retail store located in or about 550 Linne
2 Road, Paso Robles, California 93446.
3 JURISDICTION AND VENUE
4 8. Plaintiffs’ cause of action for patent infringement against Hogue arises
5 under the patent laws of the United States, 35 U.S.C. § 101 et seq., including §§ 271,
6 281-285, and 289. This Court has original jurisdiction over this subject matter
7 pursuant to 28 U.S.C. §§ 1331 and 1338(a).
8 9. This Court has personal jurisdiction over Hogue because Hogue has
9 purposefully availed itself to this jurisdiction by registering with the California
10 Secretary of State as a foreign entity conducting business in this judicial district,
11 employing several employees in this judicial district, and conducting a significant and
12 substantial portion of Hogue’s operations, including the manufacture and sale of the
13 products alleged to infringe the D’900 Patent, in this judicial district.
14 10. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b)
15 because, upon information and belief, Hogue manufactures, offers to sell, and sells the
16 products alleged to infringe the D’900 Patent in this judicial district and has a regular
17 and established place of business in this district.
18 FACTS
19 Plaintiffs’ Patented Design
20 11. Benchmade is an industry leader in the design, manufacture, marketing,
21 and sale of knives, cutters, and tools. Benchmade has been manufacturing, marketing
22 and selling superior quality knives in the U.S. for over thirty years. As a result,
23 Benchmade and its products have become a benchmark for innovation and quality in
24 the knife industry.
25 12. Benchmade’s efforts have been widely recognized in the industry,
26 garnering numerous awards and praise, including: Popular Mechanics 2020 Outdoor
27 Gear Awards: Best Pocket Knife; Oregon Manufacturing Awards 2017: Product
28 Innovation Category; Field & Stream’s Best New Knives 2017; Field & Stream’s Best
2
113003221.2
Case 2:20-cv-11177 Document 1 Filed 12/09/20 Page 4 of 8 Page ID #:4
1 Hunting Gear Of 2017; and 2016 KnifeNews Dealers’ Choice Awards: Best Overall
2 Lineup, Best New Assisted-Opening Folder, Best Knife Upgrade.
3 13. Mentor is owned by principals at Benchmade. Benchmade’s inventors
4 routinely assign their patent rights to Mentor, who licenses the rights back to
5 Benchmade pursuant to the terms of exclusive license agreements.
6 14. Mentor owns all right, title, and interest in the D’900 Patent, entitled
7 “Knife Blade,” which was duly and legally issued to Mentor by the United States
8 Patent and Trademark Office on July 30, 2013. The D’900 Patent has a single claim
9 that covers the ornamental design for a knife blade, as shown and described in the
10 D’900 Patent’s figures. Figure 3, shown below, depicts the side view of the knife
11 blade.
12
13
14
15
16
17 15. Figure 1 below depicts a three-dimensional view of the nose of the knife
18 blade:
19
20
21
22
23
24
25
26 16. A true and correct copy of the D’900 Patent is attached hereto as
27 Exhibit A.
28
3
113003221.2
Case 2:20-cv-11177 Document 1 Filed 12/09/20 Page 5 of 8 Page ID #:5
4
113003221.2
Case 2:20-cv-11177 Document 1 Filed 12/09/20 Page 6 of 8 Page ID #:6
5
113003221.2
Case 2:20-cv-11177 Document 1 Filed 12/09/20 Page 7 of 8 Page ID #:7
1 entities and all persons in active concern or participation with them from continued
2 infringement of the D’900 Patent;
3 C. Disgorgement of Hogue’s profits from its sales of infringing products or
4 an award of damages adequate to compensate Plaintiffs for Hogue’s infringement of
5 the D’900 Patent, in an amount no less than a reasonable royalty for the use made of
6 the invention disclosed in the D’900 Patent by Hogue, together with interest and costs
7 as fixed by the Court, pursuant to 35 U.S.C. § 284;
8 D. Ordering an accounting for any infringing sales not presented at trial and
9 an award by the Court of additional damages for any such infringing sales;
10 F. Ordering that any award of damages be increased up to three times the
11 actual amount assessed, pursuant to 35 U.S.C. § 284;
12 H. Declaring this case exceptional and awarding Plaintiffs their attorneys’
13 fees pursuant to 35 U.S.C. § 285; and
14 I. Such other relief as this Court deems to be just and equitable.
15
Dated: December 9, 2020 Respectfully submitted,
16
LEWIS ROCA ROTHGERBER CHRISTIE LLP
17
18 By /s/Sami I. Schilly
M. John Carson
19 Sami I. Schilly
6
113003221.2
Case 2:20-cv-11177 Document 1 Filed 12/09/20 Page 8 of 8 Page ID #:8
4
Dated: December 9, 2020 Respectfully submitted,
5
LEWIS ROCA ROTHGERBER CHRISTIE LLP
6
By /s/Sami I. Schilly
7 M. John Carson
Sami I. Schilly
8
9 SCHWABE, WILLIAMSON & WYATT, P.C.
Nika Aldrich, pro hac vice forthcoming
10 Balazs Takacs, pro hac vice forthcoming
11 Attorneys for Plaintiffs
MENTOR GROUP, LLC
12 BENCHMADE KNIFE CO., INC.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
113003221.2
Case 2:20-cv-11177 Document 1-1 Filed 12/09/20 Page 1 of 4 Page ID #:9
Exhibit A
Case 2:20-cv-11177 Document 1-1 Filed 12/09/20 Page 2 of 4 Page ID #:10
I IIIII I IIIIII Il llll llll l llll lllll lll l lll l lll l llll 1111111 1 1111 1111
USOOD686900S
Exhibit A
8
Case 2:20-cv-11177 Document 1-1 Filed 12/09/20 Page 3 of 4 Page ID #:11
,(1 I
II
\.,
I /
I
I
I
l
FIG. 1
,c:.
,r----:.:1
/~ - - - - - I
I
I l
I I
\ 1•' ,
\\ \~~ I
'
\\ '
' ' ', ... _,,.rr-
FIG. 2
Exhibit A
9
Case 2:20-cv-11177 Document 1-1 Filed 12/09/20 Page 4 of 4 Page ID #:12
~-, ,........
F~
I .J
i-1
I
I
I .
!
/-,,
I
I I
I
I CJ
I I
,_,.. I
I I I
I:: =I
I- -I
L , _ - - , , _____ ,. I
I "'\
c.o
. .
I
I
\
I
;-'\
,_,,
;
I
I
I
CJ CJ \
I /
I
Exhibit A
10