Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 1 of 24 Page ID #:1
`
`TARIFA B. LADDON (SBN 240419)
`tarifa.laddon@faegrebd.com
`FAEGRE BAKER DANIELS LLP
`1990 S. Bundy Dr., Suite 620
`Los Angeles, CA 90025
`Telephone: 310-500-2090
`Fax: 310-500-2091
`R. TREVOR CARTER (pro hac vice to be submitted)
`trevor.carter@faegrebd.com
`ANDREW M. MCCOY (pro hac vice to be submitted)
`andrew.mccoy@faegrebd.com
`TRENTON B. MORTON (pro hac vice to be submitted)
`trenton.morton@faegrebd.com
`REID E. DODGE (pro hac vice to be submitted)
`reid.dodge@faegrebd.com
`FAEGRE BAKER DANIELS LLP
`300 N. Meridian St., Suite 2700
`Indianapolis, IN 46204
`Telephone: 317-237-0300
`Fax: 317-237-1000
`Attorneys for Plaintiffs
`INTEX RECREATION CORP. and
`INTEX MARKETING LTD.
`
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`Case No.:
`
`COMPLAINT FOR
`PATENT INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`INTEX RECREATION CORP. and
`INTEX MARKETING LTD.
`
`Plaintiffs,
`
`vs.
`
`BESTWAY (USA), INC.,
`BESTWAY GLOBAL HOLDINGS
`INC., BESTWAY (HONG KONG)
`INTERNATIONAL, LTD.,
`BESTWAY INFLATABLES &
`MATERIALS CORPORATION,
` and BESTWAY (NANTONG)
`RECREATION CORP.,
`
`Defendants.
`
`
`US.104949209.11
`
`
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`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
`
`
`
`
`BESTWAY EXHIBIT 1022-0001
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 2 of 24 Page ID #:2
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`Plaintiffs Intex Recreation Corp. (“IRC”) and Intex Marketing Ltd. (“IML”)
`(collectively, “Intex”), for their complaint against Defendants, Bestway (USA), Inc.
`(“Bestway-USA”), Bestway Global Holdings Inc. (“Bestway-Global”), Bestway
`(Hong Kong) International, Ltd. (“Bestway-Hong Kong”), Bestway Inflatables &
`Materials Corporation (“Bestway Inflatables”), and Bestway (Nantong) Recreation
`Corp. (“Bestway-Nantong”), (collectively, “Bestway” or “Defendants”), allege as
`follows:
`
`THE PARTIES
`1.
`IRC is a corporation organized and existing under the laws of the State
`of California.
`2.
`IML is a corporation organized and existing under the laws of the British
`Virgin Islands.
`3.
`Intex is in the business of selling many products, including inflatable
`airbeds and inflatable spas, among many others.
`4.
`On information and belief, Bestway-USA is a corporation organized and
`existing under the laws of the State of Arizona, having a principal place of business at
`3249 East Harbour Drive, Phoenix, Arizona.
`5.
`On information and belief, Bestway-Global is a corporation organized
`under the laws of the People’s Republic of China, having a principal place of
`business at No. 3065 Cao An Road, Shanghai, China, 201812. On further
`information and belief, Bestway-Global is registered to do business in California, and
`lists an agent for service of process at 20335 Howard Court, Woodland Hills,
`California.
`6.
`On information and belief, Bestway-Hong Kong is a corporation
`organized under the laws of the Hong Kong Special Administrative Region of the
`People’s Republic of China, having a principal place of business at 66 Mody Road,
`Kowloon, Hong Kong.
`
`
`
`1
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0002
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 3 of 24 Page ID #:3
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`7.
`On information and belief, Bestway Inflatables is a company organized
`under the laws of the People’s Republic of China, having a principal place of
`business at No. 3065 Cao An Road, Shanghai, China, 201812.
`8.
`On information and belief, Bestway-Nantong is a company organized
`under the laws of the People’s Republic of China, having a principal place of
`business at No. 8 Huimin West Rd., Economic Development Zone, Rucheng Town,
`Nantong, Jiangsu, China, 226503.
`JURISDICTION AND VENUE
`9.
`Intex realleges and incorporates by reference, as if fully set forth herein,
`the allegations in paragraphs 1-8, above.
`10. This is an action for patent infringement arising under the laws of the
`United States, Title 35 of the United States Code, relating specifically to U.S. Patent
`Nos. 8,562,773 (the “’773 Patent”) and 9,156,203 (the “’203 Patent”) (collectively
`the “Asserted Patents”). This Court has exclusive subject matter jurisdiction over this
`action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`11. This Court has personal jurisdiction over Bestway-USA. On
`information and belief, Bestway-USA has conducted, and does regularly conduct,
`business within the State of California including this District. Bestway-USA has
`made, used, offered to sell, sold, and/or imported into the United States, including to
`customers located within the State of California and this District, the Accused
`Products (as defined below). Bestway-USA has sought the protection and benefit
`from the laws of the State of California by placing infringing products into the stream
`of commerce through an established distribution channel with the awareness and/or
`intent that they will be purchased by consumers in this District.
`12. This Court has personal jurisdiction over Bestway-Global. On
`information and belief, Bestway-Global has conducted, and does regularly conduct,
`business within the State of California including this District. Bestway-Global—
`directly or through intermediaries (including distributors, retailers, and others),
`2
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0003
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 4 of 24 Page ID #:4
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`subsidiaries, alter egos, and/or agents—has made, used, offered to sell, sold, and/or
`imported into the United States, including to customers located within the State of
`California and this District, the Accused Products. Bestway-Global—directly or
`through intermediaries (including distributors, retailers, and others), subsidiaries, alter
`egos, and/or agents—imports into the United States or offers to sell, sells, or uses
`within the United States the Accused Products, which are made by processes covered
`by the Asserted Patents. Bestway-Global has purposefully and voluntarily placed one
`or more of the Accused Products into the stream of commerce with the awareness
`and/or intent that they will be purchased by consumers in this District. Bestway-
`Global knowingly and purposefully ships the Accused Products into and within this
`District through an established distribution channel.
`13. This Court has personal jurisdiction over Bestway-Hong Kong. On
`information and belief, Bestway-Hong Kong has conducted, and does regularly
`conduct, business within the State of California including this District. Bestway-
`Hong Kong—directly or through intermediaries (including distributors, retailers, and
`others), subsidiaries, alter egos, and/or agents—has made, used, offered to sell, sold,
`and/or imported into the United States, including to customers located within the
`State of California and this District, the Accused Products. Bestway-Hong Kong—
`directly or through intermediaries (including distributors, retailers, and others),
`subsidiaries, alter egos, and/or agents—imports into the United States or offers to
`sell, sells, or uses within the United States the Accused Products, which are made by
`processes covered by the Asserted Patents. Bestway-Hong Kong has purposefully
`and voluntarily placed one or more of the Accused Products into the stream of
`commerce with the awareness and/or intent that they will be purchased by consumers
`in this District. Bestway-Hong Kong knowingly and purposefully ships the Accused
`Products into and within this District through an established distribution channel.
`14. This Court has personal jurisdiction over Bestway Inflatables. On
`information and belief, Bestway Inflatables has conducted, and does regularly
`3
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0004
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 5 of 24 Page ID #:5
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`conduct, business within the State of California including this District. Bestway
`Inflatables—directly or through intermediaries (including distributors, retailers, and
`others), subsidiaries, alter egos, and/or agents—has made, used, offered to sell, sold,
`and/or imported into the United States, including to customers located within the
`State of California and this District, the Accused Products. Bestway Inflatables—
`directly or through intermediaries (including distributors, retailers, and others),
`subsidiaries, alter egos, and/or agents—imports into the United States or offers to
`sell, sells, or uses within the United States the Accused Products, which are made by
`processes covered by the Asserted Patents. Bestway Inflatables has purposefully and
`voluntarily placed one or more of the Accused Products into the stream of commerce
`with the awareness and/or intent that they will be purchased by consumers in this
`District. Bestway Inflatables knowingly and purposefully ships the Accused Products
`into and within this District through an established distribution channel.
`15. This Court has personal jurisdiction over Bestway-Nantong. On
`information and belief, Bestway-Nantong has conducted, and does regularly conduct,
`business within the State of California including this District. Bestway-Nantong—
`directly or through intermediaries (including distributors, retailers, and others),
`subsidiaries, alter egos, and/or agents—has made, used, offered to sell, sold, and/or
`imported into the United States, including to customers located within the State of
`California and this District, the Accused Products. Bestway-Nantong—directly or
`through intermediaries (including distributors, retailers, and others), subsidiaries, alter
`egos, and/or agents—imports into the United States or offers to sell, sells, or uses
`within the United States the Accused Products, which are made by processes covered
`by the Asserted Patents. Bestway-Nantong has purposefully and voluntarily placed
`one or more of the Accused Products into the stream of commerce with the awareness
`and/or intent that they will be purchased by consumers in this District. Bestway-
`Nantong knowingly and purposefully ships the Accused Products into and within this
`District through an established distribution channel.
`4
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0005
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 6 of 24 Page ID #:6
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`16. Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and
`1400(b).
`
`FACTUAL BACKGROUND
`17.
`Intex realleges and incorporates by reference, as if fully set forth herein,
`the allegations in paragraphs 1-16, above.
`The ’773 Patent
`18. The ’773 Patent, entitled “Method of Producing an Internal Tensioning
`Structure Useable with Inflatable Devices,” was duly and legally issued to inventors
`Hua Hsiang Lin and Yaw Yuan Hsu on October 22, 2013. A true and accurate copy
`of the ’773 Patent is attached hereto as Exhibit 1.
`19.
`IML is the assignee of and owns all rights, title, and interest in the ’773
`Patent.
`20.
`IRC is the exclusive licensee to the ’773 Patent.
`The ’203 Patent
`21. The’203 Patent, entitled “Method for Producing an Air Mattress,” was
`duly and legally issued to inventors Hua Hsiang Lin and Yaw Yuan Hsu on October
`13, 2015. A true and accurate copy of the ’203 Patent is attached hereto as Exhibit 2.
`22.
`IML is the assignee of and owns all rights, title, and interest in the ’203
`Patent.
`23.
`IRC is the exclusive licensee to the ’203 Patent.
`Intex’s Products Made Using the Inventive Processes Claimed in the Asserted
`Patents
`24.
`Intex sells products in the United States that are made using the
`inventive processes claimed in the Asserted Patents, including, but not limited to, the
`following inflatable airbeds: Comfort Plush with Fiber-Tech® Technology; Roll ’N
`Go with Fiber-Tech® Technology; Super Tough Airbed with Fiber-Tech®
`Technology; Deluxe Single-High with Fiber-Tech® Technology; Premium Comfort
`Plush with Fiber-Tech® Technology; PremAire® AirBed with Fiber-Tech®
`5
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0006
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 7 of 24 Page ID #:7
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`Technology; Pillow Rest Raised Bed with Fiber-Tech® Technology; Deluxe Pillow
`Rest Raised Bed with Fiber-Tech® Technology; Raised Downy Bed with Fiber-
`Tech® Technology; Ultra Plush Airbed with Fiber-Tech® Technology; Supreme Air-
`Flow Bed with Fiber-Tech® Technology; Foam Top Bed with Fiber-Tech®
`Technology; Headboard Bed with Fiber-Tech® Technology; and Wal-Mart® Single
`High Airbed with Fiber-Tech® Technology.
`25.
`Intex also sells products in the United States that are made using the
`inventive processes claimed in the Asserted Patents, including, but not limited to, the
`following inflatable spas, by item number: 28491E, 28403E, 28405E, 28407E,
`28409E, 28412WL, 28417WL, 28421E, 28423E, 28435E, 28453E, and 28455E.
`26.
`Intex has complied with 35 U.S.C. § 287 by properly marking its
`products that embody the inventions of, at least, the ’773 Patent.
`Bestway’s Accused Products
`27. On information and belief, Bestway is infringing the Asserted Patents
`directly, jointly, contributorily, and/or by inducement, by, without authority, making,
`using, importing, selling, or offering for sale in the United States, including in this
`District, inflatable air beds that are made using the inventive process claimed in the
`Asserted Patents.
`28. Specifically, on information and belief, Bestway is infringing the
`Asserted Patents by making, using, selling, offering for sale, and/or importing into the
`United States, or by importing into the United States or offering to sell, selling, or
`using within the United States at least the following inflatable airbeds with Comfort
`Cell Tech™, which are made by processes covered by the Asserted Patents
`(collectively, the “Accused Products”): New Comfort Raised (Model Nos. 67493 and
`67495); Premiere Plus Elevated (Model Nos. 67559 and 67561); Night Rest (Model
`No. 67537); Sleep Zone Premium (Model Nos. 67489, 67491, and 67531); and Sleep
`Essence (Model Nos. 67533 and 67535).
`
`
`
`6
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`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0007
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 8 of 24 Page ID #:8
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`29. On information and belief, the Accused Products are or were available,
`and are or were being offered for sale and sold at least at: K-Mart stores and
`kmart.com; Walmart stores and Walmart.com; Sears stores and Sears.com;
`Wayfair.com; Allmodern.com; Rakuten.com; Bhg.com; and/or Amazon.com.
`Bestway’s Willful Infringement
`30. Bestway’s infringement has been, and continues to be, willful and
`deliberate.
`31.
`In a letter dated July 30, 2014, Intex informed Bestway-USA that Intex
`owned the ’773 Patent and U.S. Patent Application No. 14/444,337, which is the
`application that eventually issued as the ’203 Patent (and will be referred to as the
`“’203 Application”). In its July 30, 2014 letter, Intex included copies of the ’773
`Patent and the ’203 Application and explained that products that incorporate
`Bestway’s Comfort Cell Tech™ high density mesh core infringe claims in the ’773
`Patent as well as claims that would issue from the then-pending ’203 Application.1
`32. Given the nature of the relationship between each of the Defendants, on
`information and belief, Intex’s July 30, 2014 letter (including the copies of the ’773
`Patent and the ’203 Application attached thereto) was received by Defendants
`Bestway-Global, Bestway-Hong King, Bestway-Inflatables, and Bestway-Nantong.
`33. Accordingly, Bestway has had actual notice of the ’773 Patent since at
`least July 30, 2014—the date of Intex’s letter to Bestway—and potentially as early as
`September 5, 2013. More specifically, on information and belief, Bestway has
`monitored and currently monitors Intex’s filings with the United States Patent and
`Trademark Office, and, as a result of its monitoring activities, had actual knowledge
`of U.S. Patent Publication No. 2013/0228368 A1 (the “’773 Publication”), which
`published on September 5, 2013.2
`
`1 The ’203 Application published as U.S. Patent Publication No. 2014/03321391 A1 on November 13, 2014
`and issued as the ’203 Patent on October 13, 2015. Intex sent a follow-up letter to Bestway on November 19, 2015,
`advising Bestway that the ’203 Application had issued as the ’203 Patent.
`2 Claims in the ’773 Publication are substantially identical, if not identical, to claims that issued in the ’773
`7
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`Patent.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0008
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 9 of 24 Page ID #:9
`
`34. On information and belief, and based on Intex’s July 30, 2014 letter
`identifying the ’203 Application, Bestway has had actual notice of the ’203 Patent
`since at least November 13, 2014, the date on which the ’203 Application published
`as U.S. Patent Publication No. 2014/03321391.3
`35. On information and belief, with knowledge of the Asserted Patents and
`its infringing conduct, in 2016, Bestway began to make, use, sell, offer to sell, and/or
`import the Accused Products and/or import into the United States or offer to sell, sell,
`or use within the United States the Accused Products, which are made by processes
`covered by the Asserted Patents.
`36. With knowledge of the Asserted Patents and its infringing conduct,
`Bestway continues to make, use, sell, offer to sell, and/or import the Accused
`Products and/or import into the United States or offer to sell, sell, or use within the
`United States the Accused Products, which are made by processes covered by the
`Asserted Patents.
`37.
`Intex has suffered and will continue to suffer damages from Bestway’s
`willful and deliberate acts of infringement complained of herein.
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,562,773
`38.
`Intex realleges and incorporates by reference, as if fully set forth herein,
`the allegations in paragraphs 1-37, above.
`39. Bestway-USA has directly infringed, either individually or as part of a
`joint enterprise or through the exercise of direction and control over at least one other
`Defendant or third party, and is still directly infringing, at least Claim 1 of the ’773
`Patent, literally or by the doctrine of equivalents, by making, using, offering to sell
`and selling, and/or importing the Accused Products, and/or by importing into the
`United States or offering to sell, selling, or using within the United States the
`Accused Products, which are made by processes covered by the Asserted Patents.
`
`
`3 Claims in the ’203 Publication are substantially identical, if not identical, to claims that issued in the ’203
`8
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`Patent.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
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`BESTWAY EXHIBIT 1022-0009
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 10 of 24 Page ID #:10
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`Bestway-USA will continue to infringe at least Claim 1 of the ’773 Patent unless
`enjoined by this Court.
`40. Bestway-Global has directly infringed, either individually or as part of a
`joint enterprise or through the exercise of direction and control over at least one other
`Defendant or third party, and is still directly infringing, at least Claim 1 of the ’773
`Patent, literally or by the doctrine of equivalents, by making, using, offering to sell
`and selling, and/or importing the Accused Products, and/or by importing into the
`United States or offering to sell, selling, or using within the United States the
`Accused Products, which are made by processes covered by the Asserted Patents.
`Bestway-Global will continue to infringe at least Claim 1 of the ’773 Patent unless
`enjoined by this Court.
`41. Bestway-Hong Kong has directly infringed, either individually or as part
`of a joint enterprise or through the exercise of direction and control over at least one
`other Defendant or third party, and is still directly infringing, at least Claim 1 of the
`’773 Patent, literally or by the doctrine of equivalents, by making, using, offering to
`sell and selling, and/or importing the Accused Products, and/or by importing into the
`United States or offering to sell, selling, or using within the United States the
`Accused Products, which are made by processes covered by the Asserted Patents.
`Bestway-Hong Kong will continue to infringe at least Claim 1 of the ’773 Patent
`unless enjoined by this Court.
`42. Bestway Inflatables has directly infringed, either individually or as part
`of a joint enterprise or through the exercise of direction and control over at least one
`other Defendant or third party, and is still directly infringing, at least Claim 1 of the
`’773 Patent, literally or by the doctrine of equivalents, by making, using, offering to
`sell and selling, and/or importing the Accused Products, and/or by importing into the
`United States or offering to sell, selling, or using within the United States the
`Accused Products, which are made by processes covered by the Asserted Patents.
`
`
`
`9
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`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0010
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 11 of 24 Page ID #:11
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`Bestway Inflatables will continue to infringe at least Claim 1 of the ’773 Patent
`unless enjoined by this Court.
`43. Bestway-Nantong has directly infringed, either individually or as part of
`a joint enterprise or through the exercise of direction and control over at least one
`other Defendant or third party, and is still directly infringing, at least Claim 1 of the
`’773 Patent, literally or by the doctrine of equivalents, by making, using, offering to
`sell and selling, and/or importing the Accused Products, and/or by importing into the
`United States or offering to sell, selling, or using within the United States the
`Accused Products, which are made by processes covered by the Asserted Patents.
`Bestway-Nantong will continue to infringe at least Claim 1 of the ’773 Patent unless
`enjoined by this Court.
`44. Bestway directly infringes at least Claim 1 of the ’773 Patent, for
`example, because:
`a. The method of making the Accused Products satisfies the limitation of
`“aligning a plurality of strands with a strand guide;”
`b. The method of making the Accused Products satisfies the limitation of
`“positioning a first weld strip adjacent to the plurality of strands;”
`c. The method of making the Accused Products satisfies the limitation of
`“positioning a second weld strip adjacent to the plurality of strands with
`the plurality of strands positioned between the first and second weld
`strips;”
`d. The method of making the Accused Products satisfies the limitation of
`“positioning a third and fourth weld strips adjacent to the plurality of
`strands spaced apart from the first and second weld strips;”
`e. The method of making the Accused Products satisfies the limitation of
`“positioning the plurality of strands into at least one of a welder and an
`adhesive device;” and
`
`
`
`10
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`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0011
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 12 of 24 Page ID #:12
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`f. The method of making the Accused Products satisfies the limitation of
`“activating the welder or adhesive device to fixedly connect the first
`weld strip to the plurality of strands and couple the first and second weld
`strips together and the third and fourth weld strips together.”
`45. With its knowledge of the ’773 Patent, as described above, Bestway-
`USA has actively induced one or more Defendants and/or third-party manufacturers,
`distributors, importers, agents, and/or contractors to directly infringe at least Claim 1
`of the ’773 Patent by, for example, distributing or making available instructions or
`manuals for manufacturing the Accused Products, and/or providing technical support
`for doing the same. On information and belief, Bestway-USA does so with
`knowledge, or with willful blindness of the fact, that the induced acts constitute
`infringement of at least Claim 1 of the ’773 Patent. Bestway-USA intends to cause
`infringement by these Defendants, third-party manufacturers, distributors, importers,
`agents, and/or contractors.
`46. Bestway-USA has contributorily infringed at least Claim 1 of the ’773
`Patent by, for example, selling or offering to sell a material or apparatus that is a
`component for use in practicing at least Claim 1 of the ’773 Patent. On information
`and belief, Bestway-USA does so with knowledge that the component was especially
`made or adapted for use in a manner that would infringe at least Claim 1 of the ’773
`Patent when Bestway-USA sold, offered to sell, or imported the component. On
`information and belief, these components are not staple articles of commerce capable
`of substantial noninfringing uses.
`47. With its knowledge of the ’773 Patent, as described above, Bestway-
`Global has actively induced one or more Defendants and/or third-party
`manufacturers, distributors, importers, agents, and/or contractors to directly infringe
`at least Claim 1 of the ’773 Patent by, for example, distributing or making available
`instructions or manuals for manufacturing the Accused Products, and/or providing
`technical support for doing the same. On information and belief, Bestway-Global
`11
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0012
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 13 of 24 Page ID #:13
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`does so with knowledge, or with willful blindness of the fact, that the induced acts
`constitute infringement of at least Claim 1 of the ’773 Patent. Bestway-Global
`intends to cause infringement by these Defendants, third-party manufacturers,
`distributors, importers, agents, and/or contractors.
`48. Bestway-Global has contributorily infringed at least Claim 1 of the ’773
`Patent by, for example, selling or offering to sell a material or apparatus that is a
`component for use in practicing at least Claim 1 of the ’773 Patent. On information
`and belief, Bestway-Global does so with knowledge that the component was
`especially made or adapted for use in a manner that would infringe at least Claim 1 of
`the ’773 Patent when Bestway-Global sold, offered to sell, or imported the
`component. On information and belief, these components are not staple articles of
`commerce capable of substantial noninfringing uses.
`49. With its knowledge of the ’773 Patent, as described above, Bestway-
`Hong Kong has actively induced one or more Defendants and/or third-party
`manufacturers, distributors, importers, agents, and/or contractors to directly infringe
`at least Claim 1 of the ’773 Patent by, for example, distributing or making available
`instructions or manuals for manufacturing the Accused Products, and/or providing
`technical support for doing the same. On information and belief, Bestway-Hong
`Kong does so with knowledge, or with willful blindness of the fact, that the induced
`acts constitute infringement of at least Claim 1 of the ’773 Patent. Bestway-Hong
`Kong intends to cause infringement by these Defendants, third-party manufacturers,
`distributors, importers, agents, and/or contractors.
`50. Bestway-Hong Kong has contributorily infringed at least Claim 1 of the
`’773 Patent by, for example, selling or offering to sell a material or apparatus that is a
`component for use in practicing at least Claim 1 of the ’773 Patent. On information
`and belief, Bestway-Hong Kong does so with knowledge that the component was
`especially made or adapted for use in a manner that would infringe at least Claim 1 of
`the ’773 Patent when Bestway-Hong Kong sold, offered to sell, or imported the
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`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0013
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 14 of 24 Page ID #:14
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`component. On information and belief, these components are not staple articles of
`commerce capable of substantial noninfringing uses.
`51. With its knowledge of the ’773 Patent, as described above, Bestway
`Inflatables has actively induced one or more Defendants and/or third-party
`manufacturers, distributors, importers, agents, and/or contractors to directly infringe
`at least Claim 1 of the ’773 Patent by, for example, distributing or making available
`instructions or manuals for manufacturing the Accused Products, and/or providing
`technical support for doing the same. On information and belief, Bestway Inflatables
`does so with knowledge, or with willful blindness of the fact, that the induced acts
`constitute infringement of at least Claim 1 of the ’773 Patent. Bestway Inflatables
`intends to cause infringement by these Defendants, third-party manufacturers,
`distributors, importers, agents, and/or contractors.
`52. Bestway Inflatables has contributorily infringed at least Claim 1 of the
`’773 Patent by, for example, selling or offering to sell a material or apparatus that is a
`component for use in practicing at least Claim 1 of the ’773 Patent. On information
`and belief, Bestway Inflatables does so with knowledge that the component was
`especially made or adapted for use in a manner that would infringe at least Claim 1 of
`the ’773 Patent when Bestway Inflatables sold, offered to sell, or imported the
`component. On information and belief, these components are not staple articles of
`commerce capable of substantial noninfringing uses.
`53. With its knowledge of the ’773 Patent, as described above, Bestway-
`Nantong, has actively induced one or more Defendants and/or third-party
`manufacturers, distributors, importers, agents, and/or contractors to directly infringe
`at least Claim 1 of the ’773 Patent by, for example, distributing or making available
`instructions or manuals for manufacturing the Accused Products, and/or providing
`technical support for doing the same. On information and belief, Bestway-Nantong
`does so with knowledge, or with willful blindness of the fact, that the induced acts
`constitute infringement of at least Claim 1 of the ’773 Patent. Bestway-Nantong
`13
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.:
`
`
`
`
`BESTWAY EXHIBIT 1022-0014
`IPR2017-01396
`
`

`

`Case 2:16-cv-03300-JAK-E Document 1 Filed 05/13/16 Page 15 of 24 Page ID #:15
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`intends to cause infringement by these Defendants, third-party manufacturers,
`distributors, importers, agents, and/or contractors.
`54. Bestway-Nantong has contributorily infringed at least Claim 1 of the
`’773 Patent by, for example, selling or offering to sell a material or apparatus that is a
`component for use in practicing at least Claim 1 of