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COMPLAINT - 1

Civil Action No.


ECSC-6-1001P01CMP
David A. Lowe (admission pro hac vice pending)
Lowe@LoweGrahamJ ones.com
LOWE GRAHAM J ONES
PLLC
701 Fifth Avenue, Suite 4800
Seattle, Washington 98104
T: 206.381.3300
F: 206.381.3301

J ames L. Buchal, OSB No. 921618
jbuchal@mbllp.com
MURPHY & BUCHAL
LLP
3425 SE Yamhill Street, Suite 100
Portland, OR 97214
T: 503.227.1011
F: 503.573.1939
Attorneys for Plaintiff Becklin Holdings, Inc.



UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
MEDFORD DIVISION

BECKLIN HOLDINGS, INC.

Plaintiff,

v.

PELICAN PRODUCTS, INC.,

Defendant.
Civil Action No.

COMPLAINT FOR PATENT
INFRINGEMENT


J URY DEMANDED
Plaintiff Becklin Holdings, Inc. (Becklin) hereby alleges the following causes of action
against Defendant Pelican Products, Inc. (Pelican).
PARTI ES
1. Becklin is a Nevada corporation having a principal place of business at
3560 Rogue River Highway, Grants Pass, Oregon 97527.

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2. Pelican is a Delaware corporation having its corporate headquarters at
23215 Early Avenue, Torrance, California 90505. According to the California Secretary of State,
the registered agent for Pelican is CSC Lawyers Incorporating Service, 2710 Gateway Oaks
Drive, Suite 150N, Sacramento, California 95833.
J URI SDI CTI ON AND VENUE
3. This action arises under the patent laws of the United States, particularly
including 35 U.S.C. 271 and 281. J urisdiction is conferred upon this Court pursuant to
28 U.S.C. 1331 and 1338(a).
4. Pelican markets and provides the accused products throughout the United States,
including to customers located in the District of Oregon. Pelican knew and intended that its
infringing products would be provided to consumers in Oregon. Pelican operates its website at
pelican.com, which is an interactive website from which its accused products may be directly
purchased by dealers and resold or otherwise distributed in Oregon. According to its website,
Pelican offers to sell, sells and distributes its products, including the accused products, from one
or more dealers located in Oregon, including Case Solutions, 9816 SW Tigard Street, Tigard,
Oregon 98281. On information and belief, Pelican has carried and continues to carry out general
business in Oregon, and by virtue of this systematic contact has established a business presence
in this state. Accordingly, both jurisdiction and venue are proper in this court. 28 U.S.C. 1391
and 1400.
BECKLI NS PATENT RI GHTS
5. Becklin is a leading designer, manufacturer and global marketer of innovative
reusable composite containers and enclosures for various types of equipment and electronics

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from its local headquarters in Grants Pass, Oregon. Becklin devotes considerable effort towards
designing original products for sale within the container storage and transportation industry.
Becklins innovations have resulted in the issuance of a number of patents by the U.S. Patent
Office in the field.
6. One of Becklins many products are its LOADMASTER rackmount and molded
shipping cases, which resulted in U.S. Patent Nos. 7,537,119 and 7,740,138, and the reissue of
the later patent that is asserted in this action: U.S. Patent No. RE44,656 (the 656 patent). The
656 patent is entitled Stackable Container Apparatus and Methods. Becklin is the assignee of
the 656 patent, which issued December 24, 2013 to Dennis M. Becklin. Becklin owns the full
right, title and interest in the 656 patent, including the right to assert the claims and causes of
action involved in this complaint and seek injunctive relief along with both past and future
damages.
7. The 656 patent generally claims a stackable container system and method. For
example, claim 5 requires a first container assembly including first lid having a plurality of lid
stacking features, each lid stacking feature includes first raised members and a plurality of first
ribs projecting outwardly from a surface of the lid, each of the plurality of first ribs extending
substantially continuously between adjacently located first raised members, each of the first
raised members and first ribs projecting outwardly from a lid stacking surface, each first raised
member having at least one of a width that exceeds a corresponding width of each first rib and a
height that exceeds a corresponding height of each first rib. An exemplary illustration of one
embodiment of this claim element is shown below in FIGURE 2 of the 656 patent:

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Civil Action No.
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8. The representative claim also requires that the first container assembly include a
first base having a containment volume substantially coverable by the first lid, the first base
having a plurality of base stacking features arranged to engagingly cooperate with the second
container assembly, wherein the second lid is positionable beneath the first base. An exemplary
illustration of one embodiment of this claim element is shown below in FIGURE 5 of the
656 patent:

9. The representative claim further requires a second container assembly including a
second lid that includes lid stacking features substantially identical to the first lid stacking

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Civil Action No.
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features and including a plurality of second raised members and a plurality of second ribs, each
of the plurality of second ribs extending substantially continuously between adjacently located
second raised members. An exemplary illustration of one embodiment of the stacking system is
shown below in FIGURE 1:

10. These are just a few of the embodiments disclosed or taught in the 656 patent.
Among the advantages of the patented design are increased rigidity resulting in an improved load
carrying capability of the containers and a reduced deformation of the lid and base portions
under heavy loads, elevated temperatures or other operating conditions due in part to the
connected nature of the first portion stacking feature.
11. Becklin has sold commercial embodiments under the 656 patent (and its
predecessor patents), and its products have enjoyed substantial commercial success. Becklin has
marked its products to indicate that they are made in accordance with its patents.

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Civil Action No.
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PELI CANS PATENT I NFRI NGEMENT
12. Pelican has made, imported, offered for sale, and/or sold products in accordance
with the claims of Becklins 656 patent, including without limitation the container marketed as
the Pelican-Hardigg ISP Case. As shown in the illustrations below taken from Pelicans website
(pelican.com/ISP) corresponding to the Pelican-Hardigg ISP Case, Pelicans products come in a
variety of shapes and sizes, but all include the same stacking features covered by one or more
claims of the 656 patent.

13. More specifically, Pelicans products include:
a. a first container assembly including first lid having a plurality of lid stacking
features, each lid stacking feature includes first raised members and a plurality of
first ribs projecting outwardly from a surface of the lid, each of the plurality of
first ribs extending substantially continuously between adjacently located first
raised members, each of the first raised members and first ribs projecting
outwardly from a lid stacking surface, each first raised member having at least
one of a width that exceeds a corresponding width of each first rib and a height
that exceeds a corresponding height of each first rib

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Civil Action No.
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b. a second container assembly including a second lid that includes lid stacking
features substantially identical to the first lid stacking features and including a
plurality of second raised members and a plurality of second ribs, each of the
plurality of second ribs extending substantially continuously between adjacently
located second raised members.


c. a first base having a containment volume substantially coverable by the first lid,
the first base having a plurality of base stacking features arranged to engagingly
cooperate with the second container assembly, wherein the second lid is
positionable beneath the first base; and
Raised member; width
exceeds width of ribs
Ribs
First lid
First container
Second lid
Second container
First container
Raised member; width
exceeds width of ribs
Ribs

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Civil Action No.
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14. Pelicans use, offer for sale, and sale of its infringing products has not been under
license or authority from Becklin.
15. Pelicans activities constitute direct infringement pursuant to 35 U.S.C. 271.
16. As a direct result of Pelicans infringement of Becklins 656 patent, Becklin has
suffered, and will continue to suffer, damages in an amount to be established at trial. In addition,
Becklin has suffered, and continues to suffer, irreparable harm for which there is no adequate
remedy at law.
17. An investigation is ongoing to ascertain Pelicans actual knowledge of Becklins
656 patent before the filing of this complaint, and Becklin reserves the right to amend its
complaint to assert willful infringement after a reasonable opportunity for discovery.
PRAYER FOR RELI EF
Becklin requests the following alternative and cumulative relief:
1. Preliminary and permanent injunctions against making, importing, exporting,
offering for sale, and/or selling products that infringes Becklins 656 patent;
2. An award of damages adequate to compensate for the infringement, but not less
than a reasonable royalty for use of the invention;
3. An award of reasonable attorneys fees pursuant to 35 U.S.C. 285 or other
applicable law;
First base
Plurality of base
stacking features
First container

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Civil Action No.
ECSC-6-1001P01CMP
4. An assessment of prejudgment and postjudgment interest and costs; and
5. Such other and further relief as the Court may deem just and proper.
DATED this 30
th
day of April, 2014.
s/ David A. Lowe (pro hac vice pending)
Lowe@LoweGrahamJ ones.com
LOWE GRAHAM J ONES
PLLC
701 Fifth Avenue, Suite 4800
Seattle, Washington 98104
T: 206.381.3300
F: 206.381.3301

s/ J ames L. Buchal, OSB No. 921618
jbuchal@mbllp.com
MURPHY & BUCHAL
LLP
3425 SE Yamhill Street, Suite 100
Portland, OR 97214
T: 503.227.1011
F: 503.573.1939

Attorneys for Plaintiff Becklin Holdings, Inc.

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