UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION FREEDOM HAWK KAYAK, LLC Plaintiff, v.

YA TAI ELECTRIC APPLIANCES CO. LTD Defendants. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. ____________

COMPLAINT Now comes Plaintiff Freedom Hawk Kayak, LLC (Freedom Hawk) and for its Complaint against Defendant Ya Tai Electric Appliances Co. LTD (Ya Tai) alleges as follows: PRELIMINARY STATEMENT 1. This case arises from the Ya Tais infringement upon Freedom Hawks patented

fishing kayak that utilizes two deployable in-line outriggers for additional stability. On or about July 9, 2012, Ya Tai was observed at a trade show in Orlando, Florida promoting and selling a fishing kayak that clearly infringes upon Freedom Hawks valid and well established intellectual property rights. Freedom Hawk files this suit seeking temporary and permanent injunctive relief as well as damages arising from defendants infringing product. THE PARTIES 2. Freedom Hawk is a limited liability company organized and existing under the

laws of the Commonwealth of Virginia with its principal place of business located in the City of Roanoke, Virginia. 3. Ya Tai is a foreign company founded in Macau (China) with its principal place of

business located in Zhongshan, Guangdong, China.

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JURISDICTION AND VENUE 4. Jurisdiction of this Court is founded upon 28 U.S.C. 1331 and 28 U.S.C.

1338(a), as this action arises under the patent laws of the United States. 5. 1400(b). FACTUAL BACKGROUND 6. 7. Freedom Hawk is in the business of selling fishing kayaks and related accessories. Freedom Hawk is the owner by assignment from the inventor (and founder of Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and (c) and

Freedom Hawk) David Cameron of United States Patent No. 7,174702 (the 702 Patent) entitled Fishing Kayak with a Deployable Fan Tail that was duly and legally issued by the United States Patent and Trademark Office on October 24, 2006. A copy of the 702 Patent is attached hereto as Exhibit A. 8. Freedom Hawk is also the owner by assignment from the inventor (and founder of

Freedom Hawk) David Cameron of United States Patent No.7,334,534 (the 534 Patent)(together with the 702 Patent shall hereafter be the Patents) entitled Fishing Kayak with a Deployable Fan Tail that was duly and legally issued by the United States Patent and Trademark Office on February 26, 2008. A copy of the 534 Patent is attached hereto as Exhibit B. 9. The 534 Patent is a continuation in part of the 702 Patent. Together the Patents

create valid and enforceable intellectual property rights over fishing kayaks with a deployable fan tail and other claims contained therein. 10. Ya Tai is a Chinese corporation that specializes in trolling motors used in a

variety of marine environments.

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11.

Ya Tai has recently expanded its products to include a fishing kayak with a

deployable fan tail. 12. On or about July 9, 2012, Freedom Hawk learned for the first time of Ya Tais

infringing product when Ya Tai was observed promoting and selling an infringing product at the 2012 ICAST fishing trade show in Orlando, Florida. 13. Upon information and belief, Ya Tai promotes and sells its infringing product to

the general public through a variety of outlets including but not limited to the internet. 14. On or about July 11, 2012, a cease and desist letter was hand delivered, emailed

and faxed to Ya Tai. A copy of the cease and desist letter is attached hereto as Exhibit C. 15. After reading the cease and desist letter, Ya Tai verbally denied that its product

was infringing upon Freedom Hawks Patents and continues to promote and sell its infringing product. 16. Upon information and belief, Ya Tai was aware of Freedom Hawks commercial

products made in accordance with the Patents as well as the tremendous success and reputation that Freedom Hawk products enjoy in the market place. 17. Upon information and belief, Ya Tai sought to exploit the success and reputation

enjoyed by Freedom Hawks products that incorporate the inventions claimed in the Patents. 18. Ya Tai had actual knowledge of the Patents but continues to sell products that

incorporate the inventions claimed in the Patents. 19. Upon information and belief, Ya Tai regularly transacts business in the

Commonwealth of Virginia and in this judicial district by, among other things, the demonstration, offer for sale and/or sale of products meeting the limitations set forth in the claims of the Patents.

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COUNT ONE INFRINGEMENT OF THE 702 PATENT 20. Freedom Hawk hereby realleges and incorporates the allegations contained in

paragraphs 1 through 19 supra, as though fully set forth herein. 21. Ya Tai has infringed and continues to infringe, both directly and indirectly, one or

more claims of the 702 Patent by making, using, promoting, offering for sale, selling, and/or importing products that infringe one or more claims of the 702 Patent, as well as inducing others to infringe one or more claims of the 702 Patent, and/or contributing to infringement of one or more claims of the 702 Patent by others. 22. 23. Ya Tais infringing acts have been, and continue to be, willful and wanton. Freedom Hawk has been, and will continue to be, damaged by Ya Tais

infringement and will be irreparably damaged unless its infringement is enjoined. COUNT TWO INFRINGEMENT OF THE 534 PATENT 24. Freedom Hawk hereby realleges and incorporates the allegations contained in

paragraphs 1 through 23 supra, as though fully set forth herein. 25. Ya Tai has infringed and continues to infringe, both directly and indirectly, one or

more claims of the 534 Patent by making, using, promoting, offering for sale, selling, and/or importing products that infringe one or more claims of the 534 Patent, as well as inducing others to infringe one or more claims of the 534 Patent, and/or contributing to infringement of one or more claims of the 534 Patent by others. 26. 27. Ya Tais infringing acts have been, and continue to be, willful and wanton. Freedom Hawk has been, and will continue to be, damaged by Ya Tais

infringement and will be irreparably damaged unless its infringement is enjoined.

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PRAYER FOR RELIEF WHEREFORE, Freedom Hawk prays that this Court enter judgment against Ya Tai as follows: A. Patents. B. C. That Defendants infringement of the Patents is willful. That this Court preliminarily and permanently enjoin, pursuant to 35 U.S.C. That this Court find that Defendant has infringed one or more claims of the

283, Defendant, its officers, agents, attorneys and employees, as well as those acting in privity or concert with any of the foregoing, from further infringement of the Patents for their full term. D. That this Court award damages to Freedom Hawk, including pre-judgment and

post-judgment interest, in an amount adequate to compensate Freedom Hawk for Defendants infringement of one or more claims of the Patents. E. That the damages awarded to Freedom Hawk be increased to three times the

amount found or assessed in accordance with 5 U.S.C. 284. F. That this Court award Freedom Hawk its costs, expenses, attorneys fees pursuant

to 35 U.S.C. 285 and such other relief as are deemed just and proper. JURY DEMAND Freedom Hawk demands a trial by jury on all matters and issues triable by a jury.

DATE: July 12, 2012

Respectfully submitted, FREEDOM HAWK KAYAKS LLC. By: /s/ Daniel C. Summerlin________ Of Counsel

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Daniel C. Summerlin (VSB#41946) Joshua F. P. Long (VSB #65684) F. Elizabeth Burgin (VSB #74726) WOODS ROGERS PLC Wachovia Tower, Suite 1400 10 S. Jefferson Street P.O. Box 14125 Roanoke, Virginia 24038-4125 540.983.7625 (phone) 540.983.7611 (fax) jlong@woodsrogers.com bburgin@woodsrogers.com Counsel for Plaintiff Freedom Hawk Kayaks, LLC

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