IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION LAWRENCE K.

LEE, PLAINTIFF, V. WILDLIFE ENTERPRISES, LTD., DEFENDANT.

CIVIL ACTION NO._______________ JURY

PLAINTIFFS ORIGINAL COMPLAINT Plaintiff Lawrence K. Lee (Mr. Lee) files this Original Complaint against Defendant Wildlife Enterprises, Ltd. (Defendant) , and alleges as follows: I. 1. NATURE AND BASIS OF ACTION

This is an action in which Mr. Lee asserts patent infringement of U.S. Patent No.

D580,232 (the 232 Patent) arising under 35 U.S.C. 1 et seq. Mr. Lee seeks monetary damages and permanent injunctive relief against Defendant. II. 2. PARTIES

Mr. Lee is an individual, owner of the 232 patent, and he is a resident of

Houston, Harris County, Texas. 3. Upon information and belief, Defendant is a Limited Partnership formed and

existing under the laws of the State of Texas and has an office and principal place of business at 119 Bobby Lou Street, San Antonio, Texas 78218. Defendant may be served with process to its Registered Agent, Albert A. Ansaldo, at 204 Bentley Manor, San Antonio, Texas 78249.

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III. 4.

JURISDICTION AND VENUE

This Court has jurisdiction over the subject-matter of this action under 28 U.S.C.

1331 & 1338. 5. On information and belief, Defendant has transacted business within this district,

has committed tortious acts within this district, has committed tortious injury to Plaintiff in this district, regularly does or solicits business in this district, derives revenue from goods used or consumed in this judicial district, engages in other persistent courses of conduct in this district, and is subject to the jurisdiction of this Court. 6. Venue in this Court is proper under 28 U.S.C. 1391 & 1400 because Defendant

is subject to personal jurisdiction in this district, and has committed acts of infringement in this district. Plaintiff is also an individual who resides in this judicial district. IV. A. FACTUAL BACKGROUND

U.S. PATENT NO. D580,232 7. On November 11, 2008, the United States Patent and Trademark Office issued the

232 Patent, entitled Cooler with Detachable Legs, to Mr. Lee. A true and correct copy of the 232 Patent is attached hereto as Exhibit A. 8. 9. 10. The 232 Patent is currently in full force and effect. All right, title, and interest in and to the 232 Patent are owned by Mr. Lee. In accordance with 35 U.S.C. 282, the 232 Patent, and the claim thereof is

presumed to be valid. B. DEFENDANTS CONDUCT 11. Upon information and belief, Defendant makes, uses, offers to sell, and/or sells

within the United States and this judicial district products, including but not limited to the

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Rustic Series of coolers, which embody the design claimed in the 232 Patent. See Exhibit B (Defendants 2011 Product Catalog). C. PLAINTIFFS IRREPARABLE HARM 12. Plaintiff has been and continues to be irreparably harmed by Defendants

infringement of his patent rights. Specifically, Defendants unauthorized, infringing use of the design claimed in the 232 Patent threatens the value of Mr. Lees intellectual property because Defendants conduct has resulted in Mr. Lees loss of its lawful patent rights to exclude others from making, using, selling, offering for sale, and/or importing products that embody his patented design. 13. Defendants disregard for Plaintiffs intellectual property rights similarly

threatens Plaintiffs relationships with current and potential licensees of his intellectual property. Defendant will derive a competitive advantage of any of Plaintiffs current or future licensees by using Plaintiffs patented design without paying compensation for such use in this judicial district and throughout the United States. Accordingly, unless and until Defendants acts of infringement are enjoined, Plaintiff will continue to suffer irreparable harm for which there is no adequate remedy at law. V. CAUSE OF ACTION

INFRINGEMENT OF THE 232 PATENT 14. Mr. Lee realleges and incorporates by reference the allegations of paragraphs 1

13 of this Complaint as if fully set forth herein. 15. On November 11, 2008, the 232 Patent entitled Cooler With Detachable Legs

was duly and legally issued. A true and correct copy of the 232 Patent is attached as Exhibit A. 16. Pursuant to 35 U.S.C. 282, the 232 Patent enjoys a presumption of validity.

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17. 18.

Mr. Lee is the named inventor of the 232 Patent. Upon information and belief, Defendant has infringed and continues to infringe

the claims of the 232 Patent by its manufacture, use, offer for sale and/or sale of the Infringing Products. 19. As a result of Defendants actions, Mr. Lee has suffered and continues to suffer

substantial injury, including irreparable injury, and will result in loss of sales and profits which Mr. Lee would have made but for the infringement by Defendant and those losses will continue unless Defendant is enjoined by this Court. 20. In the alternative, as a result of Defendants infringement of the 232 Patent, Mr.

Lee has suffered monetary damage and are entitled to recover those damages, including Defendants profits, pursuant to 35 U.S.C. 275 & 279. VI. 21. JURY DEMAND

Mr. Lee respectfully demands a jury trial on all claims and issues. VII. PRAYER FOR RELIEF

WHEREFORE, Mr. Lee prays for judgment and seeks relief as follows: (1) The Court declare that Defendant has infringed the exclusive rights granted to Plaintiff that are disclosed by the claim of the 232 Patent; (2) The Court declare that the 232 Patent is valid and enforceable; (3) That Defendant is permanently enjoined against further infringement of the 232 Patent by Defendant, its officers, agents, servants, employees, affiliates, subsidiaries, licenses, successors and assigns and those persons acting in concert with each other including related individuals and entities, customers, representatives, dealers, and distributors;

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(4) The Court award to Mr. Lee damages, pursuant to 35 U.S.C. 284, adequate to compensate Mr. Lee for Defendants infringement of the 232 Patent, which in no event can be less than a reasonable royalty; (5) The Court award to Mr. Lee damages that amount to Defendants profits pursuant to 35 U.S.C. 289; (6) The Court award to Mr. Lee his costs, pre and post-judgment interest on his damages, pursuant to 35 U.S.C. 284; (7) That the Court declare this case to be exceptional and award Plaintiff his attorneys fees and costs under 35 U.S.C. 284; (8) That the Court declare that Defendants acts of infringement, inducement of

infringement and/or contributory infringement of the 232 Patent has been knowing and willful; (9) That the Court increase all damages awarded to Mr. Lee in this case to three times the damages amount found by the jury or assessed by this Court pursuant to 35 U.S.C. 284; and (10) Award to Mr. Lee such other and further relief as the Court may deem just and

proper. Dated: January 17, 2012 Respectfully submitted,

/s/Paul S. Beik Paul S. Beik Attorney-in-Charge Texas Bar No. 24054444 S.D. Tex. ID No. 642213 BEIK LAW FIRM, PLLC 8100 Washington Avenue, Suite 1000 Houston, Texas 77007
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Tel: (713) 869-6975 Fax: (713) 868-2262 Email: paul@beiklaw.com ATTORNEYS FOR PLAINTIFF LAWRENCE K. LEE

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