`Case 6:18—cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 1 of 15 PageID l
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE MIDDLE DISTRICT OF FHQ'WDA
`ORLANDO DIVISION
`“ “‘ “H x *8 p 1 2
`
`"i ”415‘;
`
`
`
`INJUNCTIVE RELIEF REQUESTED
`JURY TRIAL REQUESTED
`
`CHEROKEE GRAY EAGLE IP, LLC and
`REBOUNDERZ
`FRANCHISE
`AND
`
`DEVELOPMENT, INC.,
`
`Plaintiffs,
`
`VS.
`
`SKY
`
`ZONE,
`
`LLC,
`
`SKY
`
`ZONE
`
`FRANCHISE
`
`GROUP,
`
`LLC,
`
`RPSZ
`
`CONSTRUCTION,
`
`LLC,
`
`FAMILY
`
`CHRISTIAN SPORTS, LLC, MARJAC
`
`VENTURES, LLC, MARJAC VENTURES
`
`TAMPA,
`
`LLC,
`
`Y&J
`
`GLOBAL
`
`ENTERPRISES OF
`
`FLORIDA, LLC,
`
`SZSC,
`
`LLC,
`
`OTTWAY
`
`II
`
`LLC,
`
`SZSARASOTA
`
`LLC,
`
`INNOVATIVE
`
`HEIGHTS FLORIDA LLC, AND NO
`
`CALL LLC,
`
`Defendants.
`
`
`COMPLAINT
`
`Plaintiffs Cherokee Gray Eagle 1?, LLC and Rebounderz Franchise and Development,
`
`Inc., (collectively, “‘Plaintit‘fs”), through their undersigned counsel, for their complaint against
`
`Defendant Sky Zone, LLC, Sky Zone Franchise Group LLC, RPSZ Construction, LLC, Family
`
`Christian Sports, LLC, Marjac Ventures, LLC, Marjac Ventures Tampa, LLC, Y&J Global
`
`Enterprises of Florida, LLC, SZSC, LLC, Ottway II LLC, SZSarasota LLC, Innovative Heights
`
`Florida LLC, and No Call LLC (collectively, “Defendants”), state:
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 2 of 15 PageID 2
`Case 6:18—cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 2 of 15 PageID 2
`
`PARTIES, JURISDICTION AND VENUE
`
`a.
`
`Plaintiffs
`
`1.
`
`Plaintiff Cherokee Gray Eagle IP, LLC (“Cherokee Gray Eagle”) is a Florida
`
`limited liability company having a place of business at 605 Hickman Circle, Sanford, Florida
`
`32771.
`
`2.
`
`Plaintiff Rebounderz Franchise and Development,
`
`Inc.
`
`(“Rebounderz”) is a
`
`Florida corporation having a place of business at 605 Hickman Circle, Sanford, Florida 32771.
`
`c.
`
`Sky Zone Franchisor Defendants
`
`3.
`
`Upon information and belief Defendant Sky Zone, LLC is a Nevada limited
`
`liability company, having a registered office address at 1201 West 5th Street, Suite T-340, Los
`
`Angeles, California 90017.
`
`4.
`
`Upon information and belief Defendant Sky Zone Franchise Group, LLC is a
`
`Missouri limited liability company, having a registered office address at 221 Bolivar Street,
`
`Jefferson City, Missouri 65101 and registered entity mailing address at 1201 West 5th Street,
`
`Suite T-340, Los Angeles, California 90017.
`
`5.
`
`Upon information and belief Defendant RPSZ Construction, LLC (“RPSZ
`
`Construction”) has a principal place of business at 1201 West 5th Street, Suite T-340, Los
`
`Angeles, California 90017.
`
`6.
`
`Collectively, Defendants identified in Paragraphs 3 through 5 are referred to as
`
`“Sky Zone Franchisors.”
`
`
`
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`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 3 of 15 PageID 3
`
`(1.
`
`Sky Zone Franchisee Defendants
`
`7.
`
`Upon information and belief Defendant Family Christian Sports, LLC is a Florida
`
`limited liability company, having a principal address at 2500 South US Highway 27 Clement,
`
`Florida 34711.
`
`8.
`
`Upon information and belief Defendant Maij ac Ventures, LLC is a Florida limited
`
`liability company, having a registered mailing address at 14181 South Tamiami Trail Suite 140
`
`Fort Myers, FL 33912.
`
`9.
`
`Upon information and belief Defendant Marjac Ventures Tampa, LLC is a Florida
`
`limited liability company, having a registered mailing address at 14181 South Tamiami Trail
`
`Suite 140 Fort Myers, FL 33912.
`
`10.
`
`Upon information and belief Defendant Y&J Global Enterprises of Florida, LLC
`
`is a Florida limited liability company, having a principal address at 2400 SW College Road,
`
`Ocala, Florida 34471.
`
`11.
`
`Upon information and belief Defendant SZSC, LLC is a Florida limited liability
`
`company, having a principal address at 624 Barnes Boulevard, Rockledge, Florida 32955.
`
`12.
`
`Upon information and belief Defendant Ottway II LLC is a Florida limited
`
`liability company, having a principal address at 18020 Crown Quay Lane, Jupiter, Florida 33458.
`
`13.
`
`Upon information and belief Defendant SZSarasota LLC is a Florida limited
`
`liability company, having a principal address at 6180 Edgelake Drive, Sarasota, Florida 34240.
`
`14.
`
`Upon information and belief Defendant Innovative Heights Florida, LLC is a
`
`Florida limited liability company, having a principal address at 9350 Caddyshack Drive, Saint
`
`Louis, Missouri 63127.
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 4 of 15 PageID 4
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 4 of 15 PageID 4
`
`15.
`
`Upon information and belief Defendant No Call LLC is a Florida limited liability
`
`company, having a principal place of business at 1925 North Monroe Street, Suite 109,
`
`Tallahassee, Florida 32303.
`
`16.
`
`Collectively, Defendants identified in Paragraphs 7 through 15 are referred to as
`
`“Sky Zone Franchisees.”
`
`d.
`
`Jurisdiction and Venue
`
`17.
`
`This Court has jurisdiction over the subject matter of this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`18.
`
`This Court has in personam jurisdiction as to Defendants because, upon
`
`information and belief, Defendants are subject to both general and specific jurisdiction in this
`
`State. More particularly, upon information and belief, Defendants regularly conduct business
`
`activity in the State of Florida, and sell, offer to sell, and use products that infringe one or more
`
`claims of Rebounderz’s patents in the State of Florida.
`
`19.
`
`Venue properly lies within this judicial district and division pursuant to 28 U.S.C.
`
`§§1391(c) and 1400(b).
`
`STATEMENT OF FACTS-ASSERTED PATENT
`
`20.
`
`Rebounderz is a leading developer and franchisor in the indoor trampoline arena
`
`industry:
`
`
`
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`Case 6:18—cv—00355-GAP-TBS Document 1 Filed 03/08/18 Page 5 of 15 PageID 5
`
`
`
`21.
`
`Cherokee Gray Eagle is the sole and exclusive owner of the valid and enforceable
`
`United States Patent No. 8,764,575 (“‘575 Patent”). A true and correct copy of the ‘575 Patent is
`
`attached hereto as Exhibit A.
`
`22.
`
`Cherokee Gray Eagle has licensed the ‘575 Patent to Rebounderz.
`
`23.
`
`Mark Gurley, inventor of the ‘575 Patent, is recognized as an innovator in the
`
`trampoline arena industry. Mr. Gurley has invented many improvements for the trampoline arena
`
`industry, including innovations covering the structure of trampoline arenas and for improving the
`
`safety of trampoline arenas.
`
`24.
`
`The ‘575 Patent claims some of Mr. Gurley’s inventions in the field. Mr. Gurley
`
`has assigned all of his rights to the inventions claimed in the ‘575 Patent to Cherokee Gray
`
`Eagle.
`
`STATEMENT OF FACTS-DEFENDANTS
`
`25.
`
`Sky Zone Franchisees own and operate trampoline arenas at
`
`the following
`
`locations:
`
` Family Christian Sports LLC
`
`
`
`
`Mar'ac Ventures LLC and
`
`
`
`
`
`Sky Zone Clement
`
`2510 S. Highway 27, Clennont,
`Florida 3471 1
`
`Sky Zone FortM ers
`
`14181 South Tamiami Trail Suite
`
`
`
`
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 6 of 15 PageID 6
`Case 6:18—cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 6 of 15 PageID 6
`
`Mar'ac Ventures Tam na LLC
`
`Florida LLC
`
`
`
` __———
`
`
`
`
`
`
`
`
`
`Sky Zone Tampa
`
`10137 E. Adamo Drive, Suite 8003,
`Tam-a, FL 33619
`
`Florida 34471
`
`Florida 32955
`
`
`
`
`
`
`Beach
`
`Suite
`Boulevard,
`Beach, Florida 32114
`
`105, Daytona
`
`Florida 34240
`
`
`
`Innovative Heights
`LLC
`
`Zone
`Florida Sky
`Lauderdale
`
`Fort
`
`Beach, Florida 33069
`
`
`
`
`
`109, Tallahassee, Florida 32303
`
`26.
`
`Sky Zone Franchisors exert significant control over the Franchisees, including
`
`direction over the their conduct and management of the Sky Zone Franchisees’ business.
`
`27.
`
`Sky Zone Franchisors advertise that
`
`their “in-house design team provides
`
`architect-ready plans for efficient and unique park designs .
`
`.
`
`.
`
`.” (Exhibit B, Franchisee Online
`
`Brochure).
`
`28.
`
`Upon information and belief, Sky Zone Franchisees’ arenas identified in
`
`Paragraph 25 have substantially similar, if not identical designs, and must comply with design
`
`and construction specifications and standards imposed by Sky Zone Franchisors.
`
`29.
`
`Upon information and belief, Sky Zone Franchisors require Sky Zone Franchisees
`
`to use a Sky Zone Franchisors’ approved architect.
`
`30.
`
`Upon information and belief, Sky Zone Franchisors require Sky Zone Franchisees
`
`to purchase the infringing trampoline arenas from Sky Zone Franchisors.
`
`31.
`
`Upon information and belief, Sky Zone Franchisors require Sky Zone Franchisees
`
`use Sky Zone Franchisors to install the infiinging trampoline arenas.
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 7 of 15 PageID 7
`Case 6:18—cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 7 of 15 PageID 7
`
`32.
`
`In addition to the direction of the design, construction, and repair of the Sky Zone
`
`Franchisees” infringing trampoline arenas, Sky Zone Franchisors send an install team to oversee
`
`and manage the process:
`
`nylon-Tamp-
`LJKITPMPID! 23 'E _-'
`
`04‘
`
`x ‘
`,
`‘
`
`OUI' Install team armed {063] The natuwaa'e amves
`on Monoay Tmngs are realry gen-no exciting at your
`Sky Zone Tampa
`
`Eb Like U Comment
`
`.1
`'. 93
`
`people You my Know
`. Blue-W
`3 "5-":
`
`d) Share
`
`fiv
`
`“”39
`
`Sn NI
`
`In And Ffllnd
`
`SKY ZONE
`TRAMPOUNE Pm:
`
`_
`
`.,
`
`a
`
`33.
`
`Upon information and belief, Sky Zone Franchisors require Sky Zone Franchisees
`
`to purchase computers, software, and other business management systems from Sky Zone
`
`Franchisors.
`
`34.
`
`Upon information and belief, Sky Zone Franchisors require Sky Zone Franchisees
`
`to use Sky Zone Franchisors’ trademarks and to promote the Sky Zone brand.
`
`35.
`
`Sky Zone Franchisors provide continual support and training to Sky Zone
`
`Franchisees, including access to “over 100 corporate team members who provide support at
`
`every step of the way” and marketing “support and advice for websites, social media, TV, radio,
`
`print, [and] public relations.” (See Exhibit B, Franchisee Online Brochure).
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 8 of 15 PageID 8
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 8 of 15 PageID 8
`
`STATEMENT OF FACTS-SKY ZONE INFRINGEMENT
`
`36.
`
`Sky Zone Franchisees have offered for sale, used, offered services that use, and
`
`allowed access to trampoline arenas that directly or indirectly infringe upon one or more claims
`
`of the ‘575 Patent in the United States and in this judicial district. The below images show Sky
`
`Zone Franchisees’ trampoline arenas infringing at least Claim 1 of the “575 Patent:
`
`Claim 1 of the ‘575 Patent
`
`Demonstrative Example of
`Franchisees’ Infrin_in_ Tram oline Arenas
`
`A trampoline arena comprising:
`
`
`side frames with
`
`
`
`
`
`
`a plurality of side frames defining an
`rigid upright and
`outwardly sloping outer wall, each of the
`angled members
`
`plurality of side frames including:
`
` a rigid first upright member having a top
`
`first upright member portion and a
`
`bottom first upright member portion
`mountable to a floor; and
`
`
`
`
`
`
`
`a rigid angled member connected at an
`upper angled member portion to the top
`first upright member portion and
`
`extending at a downward angle therefrom
`
`to a lower angled member portion, a
`
`plurality of voids being defined between
`
`the plurality of angled members;
`
`pads over angled
`members and
`
`
`connected to side
`frames
`
`
`trampolines
`
`a padding assembly including a plurality
`of pads at least partially overlying the
`
`angled members and the peripheries of
`
`the trampolines.
`
`
`a horizontally-extending deck connected
`to the second angled member portions of
`the plurality of side frames;
`
`a plurality of trampolines connected to
`the angled members along peripheries
`thereof and extending across the plurality
`of voids; and
`
`
`
`trampoline peripheries
`
`horizontal deck
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 9 of 15 PageID 9
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 9 of 15 PageID 9
`
`37.
`
`Plaintiffs put Defendants on notice of its infringement of one or more of the
`
`claims of both the ‘575 Patent at least as early as 2012. Mr. Gurley communicated to several
`
`Defendants at the April 2012 ATSM meeting that he had filed a patent application, and in March
`
`of 2014 he told them the ‘575 Patent had issued. Furthermore, Rebounderz has marked its
`
`trampoline arenas as patent-pending or patent-protected in a similar manner as displayed below
`
`since 2012:
`
`TRAMPOLINE ARENA
`hid-IIm by In. Home lube Put-at l 3.657.096
`Minn. halal-Mm “99an out" wulll.
`nip-flan mull-yin. In n-un- mm.
`
`haul-fly I, 2014
`
`a: “it. Did:
`{NI-lb
`
`Mark Gurley
`lava-tar I Aufpm
`US. Pat-m No. 8,657,696
`mm 14, 1014
`
`11.5. Patent No. 8,764,575
`
`38.
`
`The Sky Zone Franchisees advertise on their website for customers to come use
`
`the infringing trampoline arenas.
`
`39.
`
`Upon information and belief, Sky Zone Franchisees” customers directly infringe
`
`the ‘575 Patent by using Franchisees’ infringing trampoline arenas.
`
`40.
`
`Rebounderz has not granted Defendants a license to practice the ‘575 Patent.
`
`Action for Direct Infringement of the ‘575 Patent by Defendants
`
`COUNT 1
`
`41.
`
`Count I is an action by Plaintiffs against Defendants for monetary damages and
`
`injunctive relief for Defendants” direct infringement of the ‘575 Patent.
`
`42.
`
`Plaintiffs incorporate by reference the allegations of paragraphs 1 through 40.
`
`43.
`
`Defendants have directly infringed at least claims 2, 7—1 1, 13, and 14 of the ‘575
`
`Patent. (Exhibit C, Infringement Chart).
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 10 of 15 PageID 10
`Case 6:18—cv-00355—GAP-TBS Document 1 Filed 03/08/18 Page 10 of 15 PageID 10
`
`44.
`
`Defendants have made, offered for sale and sold, and/or used trampoline arenas,
`
`including but not limited to trampolines at their facilities located in the Clennont, Fort Myers,
`
`Tampa, Ocala, Rockledge, Daytona Beach, Sarasota, Pompano Beach, and Tallahassee areas
`
`which directly infringe one or more claims of the ‘575 Patent.
`
`45.
`
`Plaintiffs are entitled to compensatory damages and injunctive relief for
`
`Defendants’ infringing activities.
`
`46.
`
`Defendants have continued to make, offer for sale and sell, and/or use trampoline
`
`arenas that infiinge the ‘575 Patent after being put on notice in 2012.
`
`47.
`
`Plaintiffs have suffered damages as a result of Defendants’ infringement.
`
`48.
`
`Upon information and belief, Defendants lack a justifiable belief that there is no
`
`infringement, or that the infringed claims are invalid, or it has acted with objective and
`
`subjective recklessness in its infringing activity. Defendants’ infringement is therefore willful,
`
`and this is an exceptional case entitling Plaintiff to an award of exemplary damages, attorneys’
`
`fees, and costs in bringing this action.
`
`Wherefore, Plaintiffs pray that this Court enter such preliminary and final orders and
`
`judgments as are necessary to provide Plaintiffs with the following requested relief:
`
`A.
`
`A finding that the ‘575 Patent is valid and enforceable and that Defendants have
`
`directly infringed the ‘575 Patent.
`
`B.
`
`C.
`
`A permanent injunction enjoining Defendants from infringing the ‘575 Patent;
`
`An award of damages against Defendants under 35 U.S.C. § 284 in an amount
`
`adequate to compensate Plaintiffs for Defendants’ infringement, but in no event less than a
`
`reasonable royalty for the use made by Defendants of the inventions set forth in the ‘575 Patent;
`
`10
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 11 of 15 PageID 11
`Case 6:18—cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 11 of 15 PageID 11
`
`D.
`
`An award against Defendants for treble damages, attorneys’ fees, and costs under
`
`35 U.S.C. § 285; and
`
`E.
`
`Such other and further relief as this Court deems just and proper.
`
`Action for Induced Infringement of the ‘575 Patent by Sky Zone Franchisees
`
`COUNT II
`
`49.
`
`Count II is an action by Plaintiffs against Sky Zone Franchisees for monetary
`
`damages and injunctive relief for Franchisees’ induced infringement of the ‘575 Patent.
`
`50.
`
`Plaintiffs incorporate by reference the allegations of paragraphs 1 through 40.
`
`51.
`
`Through use of Sky Zone arenas, Sky Zone Franchisees’ customers have directly
`
`infringed at least claims 2, 7—1 1, 13, and 14 of the ‘575 Patent by using Franchisees’ infringing
`
`trampoline arenas. (Exhibit C, Infringement Chart).
`
`52.
`
`Plaintiffs put Defendants on notice of its infringement of one or more of the
`
`claims of the ‘575 Patent at least as early as 2012, yet Sky Zone Franchisees continue to operate
`
`their infringing trampoline arenas and offer their services,
`
`including use of the infiinging
`
`trampoline arenas, to customers.
`
`53.
`
`Sky Zone Franchisees knew, or were willfully blind to, the existence of the ‘575
`
`Patent and that the acts they induced constitute infringement by their customers.
`
`54. With knowledge of, or a willful blindness to,
`
`the patents,
`
`the Sky Zone
`
`Franchisees encouraged its customers to infringe the ‘575 Patent in exchange for fees charged by
`
`Sky Zone Franchisees for admission and ancillary activities and services.
`
`55.
`
`Plaintiffs are entitled to compensatory damages and injunctive relief for the Sky
`
`Zone Franchisees’ infringing activities.
`
`56.
`
`Plaintiffs have suffered damages as a result of the Sky Zone Franchisees’ induced
`
`infringement.
`
`11
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 12 of 15 PageID 12
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 12 of 15 PageID 12
`
`57.
`
`Upon information and belief, the Sky Zone Franchisees lack a justifiable belief
`
`that there is no infringement, or that the infringed claims are invalid, or they have acted with
`
`objective and subjective recklessness in their infringing activity. Sky Zone Franchisees’
`
`infringement is therefore willful, and this is an exceptional case entitling Plaintiffs to an award of
`
`exemplary damages, attorneys’ fees, and costs in bringing this action.
`
`Wherefore, Plaintiffs pray that this Court enter such preliminary and final orders and
`
`judgments as are necessary to provide Plaintiffs with the following requested relief:
`
`A.
`
`A finding that the ‘575 Patent
`
`is valid and enforceable and that Sky Zone
`
`Franchisees have induced infringement of the ‘575 Patent.
`
`B.
`
`A permanent injunction enjoining Sky Zone Franchisees from infringing the ‘575
`
`Patent;
`
`C.
`
`An award of damages against Sky Zone Franchisees under 35 U.S.C. § 284 in an
`
`amount adequate to compensate Plaintiffs for Sky Zone Franchisees’ infringement, but in no
`
`event less than a reasonable royalty for the use of the inventions set forth in the ‘575 Patent;
`
`D.
`
`An award against Sky Zone Franchisees for treble damages, attorneys’ fees, and
`
`costs under 35 U.S.C. § 285; and
`
`E.
`
`Such other and further relief as this Court deems just and proper.
`
`COUNT III
`
`Action for Induced Infringement of the ‘575 Patent by
`SE Zone Franchisors
`
`58.
`
`Count III is an action by Plaintiffs against Sky Zone Franchisors for monetary
`
`damages and injunctive relief for Sky Zone Franchisors’ induced infringement of the ‘575
`
`Patent.
`
`59.
`
`Plaintiffs incorporate by reference the allegations of paragraphs 1 through 40.
`
`12
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 13 of 15 PageID 13
`Case 6:18—cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 13 of 15 PageID 13
`
`60.
`
`Sky Zone Franchisors induced Sky Zone Franchisees to directly infringed at least
`
`claims 2, 7—1 1, 13, and 14 of the ‘575 Patent by using Franchisees’ infringing trampoline arenas.
`
`(Exhibit C, Infringement Chart).
`
`61.
`
`Sky Zone Franchisors required Sky Zone Franchisees to construct infringing
`
`trampoline arena designs.
`
`62.
`
`Plaintiffs put Defendants on notice of its infringement of one or more of the
`
`claims of both the ‘575 Patent at least as early as 2012, yet Sky Zone Franchisors continue to
`
`license and franchise infringing trampoline arenas and offer its services,
`
`including offering
`
`“access to over 100 corporate team members who provide support at every step of the way, from
`
`[the franchisee’s] regional business advisor to dedicated in-house real estate and innovation
`
`teams.”
`
`63.
`
`Sky Zone Franchisors knew, or were willfiilly blind to, the existence of the ‘575
`
`Patent and that the acts it induced constitute infringement by the Sky Zone Franchisees as
`
`described in Count I.
`
`64. With knowledge of, or a willful blindness to, the patents, Sky Zone Franchisors
`
`encouraged the Sky Zone Franchisees to infringe the ‘575 Patent.
`
`65.
`
`Plaintiffs are entitled to compensatory damages and injunctive relief for Sky Zone
`
`Franchisors’ infringing activities.
`
`66.
`
`Plaintiffs have suffered damages as a result of Sky Zone Franchisors induced
`
`infringement.
`
`67.
`
`Upon information and belief, Sky Zone Franchisors lack a justifiable belief that
`
`there is no infringement, or that the infringed claims are invalid, or they have acted with
`
`objective and subjective recklessness in their infringing activity. Sky Zone Franchisors’
`
`13
`
`
`
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 14 of 15 PageID 14
`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 14 of 15 PageID 14
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`infringement is therefore willful, and this is an exceptional case entitling Plaintiffs to an award of
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`exemplary damages, attorneys’ fees, and costs in bringing this action.
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`Wherefore, Plaintiffs pray that this Court enter such preliminary and final orders and
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`judgments as are necessary to provide Plaintiffs with the following requested relief:
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`A.
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`A finding that the ‘575 Patent
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`is valid and enforceable and that Sky Zone
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`Franchisors have induced infringement of the ‘575 Patent.
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`B.
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`A permanent
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`injunction enjoining Sky Zone Franchisors
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`from inducing
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`infringement of the ‘575 Patent;
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`C.
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`An award of damages against Sky Zone Franchisors under 35 U.S.C. §284 in an
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`amount adequate to compensate Plaintiffs for Sky Zone Franchisors’ infringement, but in no
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`event less than a reasonable royalty for the use made by Sky Zone Franchisors of the inventions
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`set forth in the ‘575 Patent;
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`D.
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`An award against Sky Zone Franchisors for treble damages, attorneys’ fees, and
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`costs under 35 U.S.C. § 285; and
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`E.
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`Such other and further relief as this Court deems just and proper.
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`Case 6:18-cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 15 of 15 PageID 15
`Case 6:18—cv-00355-GAP-TBS Document 1 Filed 03/08/18 Page 15 of 15 PageID 15
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`JURY TRIAL RE UEST
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`Plaintiffs request a trial by jury as to all matters so triable.
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`Respectfully submitted March 8, 2018.
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`Ia
`
`Ava/K Doppelt V,
`Floti/d Bar No.: 393738
`adoppeltgflallendyercom
`Ryan T. Santurri
`Florida Bar No. 15698
`
`rsantunngallendyercom
`Brock A. Hankins
`
`Florida Bar No. 112531
`
`bhankinngallendyercom
`ALLEN, DYER, DOPPELT
`& GILCHRIST, P.A.
`255 South Orange Avenue, Suite 1401
`Post Office Box 3791
`
`Orlando, FL 32802-3791
`
`Telephone: (407) 841-2330
`Facsimile: (407) 841—2343
`
`Attorneys for Plaintiffs
`
`Cherokee Gray Eagle IP, LLC and
`Rebounderz Franchise and
`
`Development, Inc.
`
`15
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`