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Milanowski, Todd v. Speedplay
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Transcript of Milanowski, Todd v. Speedplay
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7/29/2019 Milanowski, Todd v. Speedplay
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QB\661071.00002\22531415.1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TODD M. MILANOWSKI,
Plaintiff,
v.
Case No. 13-cv-636
SPEEDPLAY, INC.,
Defendant.
TRIAL BY JURY DEMANDED
COMPLAINT
Plaintiff Todd M. Milanowski, by his attorneys, Quarles & Brady LLP, hereby states his
Complaint against Defendant Speedplay, Inc. (Speedplay) as follows:
THE PARTIES
1. Mr. Milanowski is an individual residing at 520 Spring Street, Spring Green,Wisconsin 53588.
2. Upon information and belief, Speedplay is a California corporation with itsprincipal place of business at 10151 Pacific Mesa Boulevard, Suite 107, San Diego, California
92121.
JURISDICTION AND VENUE
3. This is an action for patent infringement arising under the patent laws of theUnited States, 35 U.S.C. 1, et seq. This Court has subject matter jurisdiction over this action
pursuant to 28 U.S.C. 1331 and 1338(a).
4. This Court has personal jurisdiction over Speedplay because Speedplay engagesin substantial business within the State of Wisconsin and within the Western District of
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Wisconsin. Speedplay has caused and is causing injury and damages within Wisconsin and this
judicial district by making, using, offering to sell, selling, and/or importing infringing products
within Wisconsin and this judicial district; and/or as a result of making, using, offering to sell,
selling, and/or importing infringing products outside of Wisconsin and this judicial district that
are used and/or consumed within Wisconsin and this judicial district. In particular, upon
information and belief, at least 13 retailers within a 25-mile radius of Madison, Wisconsin offer
to sell and/or sell Speedplays infringing products. By engaging in substantial business within
Wisconsin and this judicial district, Speedplay has derived and continues to derive considerable
revenue from infringing products that are sold, used, and/or consumed therein and will continue
to do so unless enjoined by this Court.
5. Venue in the Western District of Wisconsin is proper under 28 U.S.C. 1391and 1400(b) because Speedplay has committed acts of infringement within this judicial district.
FACTS GIVING RISE TO THIS ACTION
6. Mr. Milanowski is the owner of the entire right, title, and interest in and to UnitedStates Patent No. 7,013,754 (the 754 Patent), entitled Bicycle Pedal Adapter, which duly,
properly and legally issued on March 21, 2006. A true and correct copy of the 754 Patent is
attached hereto as Exhibit A.
7. Many bicycle riders prefer to use clipless bicycle pedals for racing and operationover rough terrain. Clipless bicycle pedals are pedals that have locking mechanisms that engage
the cleats on the bottom of special shoes worn by a bicycle rider, allowing for a tight fit between
the shoes and the pedal and thereby providing for efficient pedaling.
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8. However, if said bicycle rider wishes to go on a short or relaxing bicycle ride anddoes not want to wear special bicycle shoes, he or she is required to either change bicycle pedals,
a time-consuming process, or use a different bicycle, which is costly.
9. The 754 Patent discloses a bicycle pedal assembly and bicycle pedal adapter foruse on a bicycle, eliminating the need for special bicycle shoes to be worn.
10. The claims in the 754 Patent are novel, nonobvious, and useful.11. There are no acceptable non-infringing alternatives to the invention claimed in the
754 Patent.
12.
Upon information and belief, Speedplay makes, uses, offers to sell, sells, and/or
imports, and/or has made, used, offered to sell, sold, and/or imported, within the United States
products, including the Platformer bicycle pedal adapter, that infringe at least Claims 1 and 9
of the 754 Patent.
13. Pursuant to 35 U.S.C. 287, Mr. Milanowski has provided notice to Speedplay ofthe existence of the 754 Patent and of Speedplays infringement thereof.
COUNT I
Direct Infringement of U.S. Patent No. 7,013,754
14. Mr. Milanowski realleges and incorporates by reference paragraphs 1 through 13above as though fully set forth herein.
15. By making, using, offering to sell, selling, and/or importing within the UnitedStates the Platformer bicycle pedal adapter, Speedplay has infringed and continues to infringe,
either literally or under the doctrine of equivalents, at least Claim 9 of the 754 Patent in
violation of 35 U.S.C. 271(a).
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16. Upon information and belief, Speedplays infringement has been intentional,willful, and in reckless disregard of Mr. Milanowskis rights.
17. Speedplays infringement has caused, and unless enjoined by this Court willcontinue to cause, Mr. Milanowski to suffer irreparable harm for which he cannot be adequately
compensated by a monetary award.
18. Speedplays infringement has caused Mr. Milanowski to suffer substantial injuryfor which he is entitled to damages adequate to compensate him.
COUNT II
Indirect Infringement of U.S. Patent No. 7,013,754
19. Mr. Milanowski realleges and incorporates by reference paragraphs 1 through 18above as though fully set forth herein.
20. By offering to sell, selling, and/or importing within the United States thePlatformer bicycle pedal adapter, Speedplay has actively induced and/or contributed to, and
continues to actively induce and/or contribute to, infringement of at least Claim 1 of the 754
Patent in violation of 35 U.S.C. 271(b) and/or (c).
21. Upon information and belief, Speedplays indirect infringement has beenintentional, willful, and in reckless disregard of Mr. Milanowskis rights.
22. Speedplays indirect infringement has caused, and unless enjoined by this Courtwill continue to cause, Mr. Milanowski to suffer irreparable harm for which he cannot be
adequately compensated by a monetary award.
23. Speedplays indirect infringement has caused Mr. Milanowski to suffersubstantial injury for which he is entitled to damages adequate to compensate him.
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PRAYER FOR RELIEF
WHEREFORE, Mr. Milanowski respectfully requests relief from this Court as follows:
a. A judgment that Speedplay has directly infringed and is directly infringing the754 Patent in violation of 35 U.S.C. 271(a);
b. A judgment that Speedplay has actively induced and is actively inducinginfringement of the 754 Patent in violation of 35 U.S.C. 271(b);
c. A judgment that Speedplay has contributed to and is contributing to infringementof the 754 Patent in violation of 35 U.S.C. 271(c);
d. An injunction under 35 U.S.C. 283 that temporarily and permanently enjoinsSpeedplay, including its officers, agents, employees, and representatives, and
those acting in privity and/or concert with Speedplay, from further infringement
of the 754 Patent for the full term thereof;
e. An award of damages to Mr. Milanowski under 35 U.S.C. 284 that is adequateto compensate for Speedplays infringement of the 754 Patent, but in no event
less than a reasonable royalty for the use made by Speedplay of Mr. Milanowskis
invention, and that is trebled, together with pre- and post-judgment interest and
costs;
f. A declaration that this is an exceptional case and an award of attorneys fees,disbursements, and costs to Mr. Milanowski pursuant to 35 U.S.C. 285; and
g. Such other and further relief as this Court may deem just and proper.JURY DEMAND
Mr. Milanowski demands a trial by jury on all issues properly tried thereto.
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Dated this 12th day of September, 2013. /s/ Anthony A. Tomaselli
Anthony A. [email protected]
Stacy A. Alexejun
QUARLES & BRADY LLP33 East Main Street, Suite 900
Madison, Wisconsin 53703-3095
Tel.: 608.251.5000Fax: 608.251.9166
Attorneys for Plainti ff Todd M . Mi lanowski
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