ISG v. Synlawn - Complaint

8/20/2019 ISG v. Synlawn - Complaint

1/13

-1-

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

INTELLECTUAL SPORTING GOODS,LLC, a Georgia company,

Plaintiff,

v.

SYNLAWN, LLC, a Georgia company;

LOWE’S COMPANIES, INC., a North

Carolina corporation; GOLFSMITHINTERNATIONAL, INC., a Delaware

corporation.

Defendant.

))

)

)

)

)

)

)

)

))

)

CIVIL ACTION NO.

_________

JURY TRIAL DEMANDED

COMPLAINT

For its Complaint, Plaintiff Intellectual Sporting Goods, LLC (“ISG”) states

the following against Defendants Synlawn, LLC, Lowe’s Companies, Inc., and

Golfsmith International, Inc..

PARTIES

1. ISG is a Georgia company with a principal place of business at 9745

Almaviva Drive, Johns Creek, Georgia 30022.

2.

Defendant Synlawn, LLC (“Synlawn”) is a Georgia limited liability

company with a principal place of business at 2680 Abutment Rd., Dalton, Georgia

Case 1:15-cv-02624-AT Document 1 Filed 07/24/15 Page 1 of 7


2/13

-2-

30721. The registered agent listed for Synlawn is William Peeples at 1906 S.

Hamilton St., Dalton, Georgia 30720.

3.

Defendant Lowe’s Companies, Inc. (“Lowe’s”) is a corporation of

North Carolina with a principal place of business at 1000 Lowe’s Blvd.,

Mooresville, North Carolina 28117. The registered agent listed for Lowe’s is

Corporation Service Company at 327 Hillsborough Street, Raleigh, North Carolina

27603-1725.

4.

Defendant Golfsmith International, Inc. (“Golfsmith”) is a corporation

of Delaware with a principal place of business at 11000 North IH-35, Austin,

Texas 78753. The registered agent listed for Golfsmith is Registered Agent

Solutions, Inc. at 1679 S. Dupont Hwy, Suite 100, Dover, Delaware 19901.

JURISDICTION AND VENUE

5.

This is an action for patent infringement arising under the patent laws of

the United States, Title 35 of the United States Code, §§ 271 and 281, et seq.

Accordingly, this Court has subject matter jurisdiction over this cause of action

pursuant to 28 U.S.C. §§ 1331 and 1338(a).

6.

This Court has personal jurisdiction over Defendants because, on

information and belief, Defendants transact business in this State, have committed

tortious acts in this State, have committed a tortious act outside the State causing

injury in the State, and have derived substantial revenue or engaged in a persistent



3/13

-3-

course of conduct in the State and the claims alleged arise out of such acts, and/or

have otherwise established contacts within this State making the exercise of

personal jurisdiction proper.

7.

Venue is proper in this District under 28 U.S.C. § 1391(b) and (c)

because Defendants transact business within this District and offer for sale in this

District products that infringe ISG’s asserted patent. In addition, venue is proper

because ISG’s principal place of business is in this District and ISG has suffered

harm in this District. Moreover, a substantial part of the events giving rise to

ISG’s claims have occurred and, unless enjoined, will continue to occur within this

District.

NATURE OF THE ACTION

8.

Brian Puterbaugh is a golf professional and member of the PGA who

developed an ornamental putting green design for which he sought and received

patent protection.

9.

U.S. Patent No. D566,218, entitled “Heavy Duty Chipping and

Putting Green,” (hereinafter “the ‘D218 Patent”), was duly and legally issued on

April 8, 2008. A true and correct copy of the ‘D218 Patent is attached hereto as

Exhibit A.

10. Mr. Puterbaugh owns and operates ISG.



4/13

-4-

11. Mr. Puterbaugh conveyed his rights, title, and interest in and to the

‘D218 Patent to ISG through an assignment duly recorded in the United States

Patent and Trademark Office at Reel 32693, Frame 587 on April 3, 2014.

12.

ISG is the owner of the entire right, title, and interest in and to the

‘D218 Patent, including the right to sue for past and present infringements thereof.

13. Defendant Synlawn designs, manufactures, and sells artificial turf

products, including a line of Dave Pelz GreenMaker putting greens.

14.

Defendants Synlawn, Lowe’s, and Golfsmith, as well as their

respective customers and distribution partners, advertise, market, distribute, offer

for sale, and sell the Dave Pelz GreenMaker putting green product line.

15.

As the below side-by-side comparison reveals, Synlawn has

misappropriated ISG’s patented putting green design in the Dave Pelz GreenMaker

product line, which embodies several ornamental elements of ISG’s proprietary

design.

ISG’s ‘D218 Patent Synlawn’s GreenMaker



5/13

-5-

16. On or about April 15, 2014, ISG mailed Synlawn a letter discussing

the ‘D218 Patent, Synlawn’s Dave Pelz GreenMaker putting green product line,

and the opportunity to license the ‘D218 Patent.

17.

On or about May 29, 2014, a representative of ISG spoke with George

Neagle, Vice President of Sales and Marketing at Synlawn, regarding the ‘D218

Patent, Synlawn’s Dave Pelz GreenMaker putting green product line, and the

opportunity to license the ‘D218 Patent. During that conversation, Mr. Neagle

confirmed receipt of ISG’s letter of April 15, 2014.

FIRST CLAIM FOR RELIEF

(Infringement of the ‘D218 Patent)

18. ISG repeats and incorporates by reference the allegations in the

preceding paragraphs.

19.

Defendants’ have infringed and continue to infringe the ‘D218 Patent

in this judicial district, and elsewhere in the United States. Defendants’

infringement arises out of the same transaction, occurrence, or series of

transactions or occurrences and includes, without limitation, making, using,

selling, and/or offering to sell in the United States, and/or importing into the

United States, the Dave Pelz GreenMaker products identified in this Complaint,

which embody the design covered by the ‘D218 Patent.

20. Defendants have had notice of the ‘D218 Patent and their

infringement since at least April 15, 2014.



6/13

-6-

21. Defendants’ infringing activities have been without an express or

implied license from ISG.

PRAYER FOR RELIEF

ISG therefore prays that:

1.

A judgment in favor of Plaintiff ISG that Defendants have infringed

the asserted patent (the ‘D218 Patent);

2.

A temporary, preliminary, and permanent injunction enjoining

Defendants and their officers, directors, agents, servants, affiliates, employees,

divisions, branches, subsidiaries, parents, and all others acting in concert therewith

from infringement, including directly or indirectly infringing, or inducing or

contributing to the infringement by others of the asserted patent;

3. A judgment and order requiring Defendants to pay ISG its damages,

costs, expenses, and prejudgment and post-judgment interest for Defendants’

infringement of the asserted patent as provided under 35 U.S.C. § 284;

4.

A judgment and order finding that the damages awarded to ISG be

increased up to three times in view of Defendants’ willful infringement of the

asserted patent as provided under 35 U.S.C. § 284;

5.

A judgment and order declaring that this is an exceptional case within

the meaning of 35 U.S.C. § 285 and awarding to ISG its reasonable attorneys’ fees

and other expenses incurred in connection with this action;



7/13

-7-

6. Any and all other relief as this Court may deem just and proper be

awarded to Plaintiff ISG.

JURY TRIAL DEMAND

Plaintiff respectfully demands a trial by jury on all claims and issues so

triable.

Date: July 24, 2015 Respectfully submitted,

___________________________

Benjamin D. Bailey, Ga. Bar No. 117201

Brannon C. McKay, Ga. Bar No. 558603

Clayton, McKay & Bailey, PC

1155 Mt. Vernon Hwy.

Suite 800

Atlanta, GA 30338

678-667-1388 (ph.)

404-704-0670 (fax)

[email protected]

[email protected]

Attorneys for Plaintiff Intellectual Sporting

Goods, LLC



8/13

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

INTELLECTUAL SPORTING GOODS,LLC, a Georgia company,

Plaintiff,

v.

SYNLAWN, LLC, a Georgia company;

LOWE’S COMPANIES, INC., a North

Carolina corporation; GOLFSMITHINTERNATIONAL, INC., a Delaware

corporation.

Defendant.

))

)

)

)

)

)

)

)

))

)

CIVIL ACTION NO.

_________

JURY TRIAL DEMANDED

EXHIBIT A

Case 1:15-cv-02624-AT Document 1-1 Filed 07/24/15 Page 1 of 4


9/13

USO0D566218S

1 2 ) United States Design Patent 1 0 )

P a t e n t N 0 . :

US D 5 6 6 , 2 1 8

S

M ,

Apr.

8 , 2008

4 5 ) Date o f P a t e n t :u t e r b a u g h

D

669 572 B1* 12/2003

Barlow

793 586

B2 9/2004 Barlow

e t a l .

8 / 2 0 0 5

5 4 )

HEAVY

DUTY

CHIPPING AND PUTTING

GREEN

D21/792

508 971 S * Park509 276 S * 9/2005 Sear

7 6 ) I n v e n t o r :

B r i a n P u t e r b a u g h , 1 0 9 5 0 B r u n s o n

D r . ,

D u l u t h , GA

U s ) 3 0 0 9 7

*

c i t e d by

examiner

P r i m a r y

E x a m i n e r i M i t c h e l l

S i e g e l

* * ) T e r m : 1 4 Y e a r s

7 4 ) A t t o r n e y ,

A g e n t ,

o r F r m i R o d g e r s o d g e r s

2 1 )

A p p l . N o . : 2 9 / 2 7 2 , 5 5 6

CLAIM

5 7 )

2 2 )

F i l e d : F e b . 1 2 , 2 0 0 7

T h e o r n a m e n t a l

d e s i g n

f o r a n h e a v y d u t y

c h i p p i n g a n d

p u t t i n g g r e e n , a s

shoWn.

DESCRIPTION

F I G .

1

i s

a

p r o s p e c t i v e

vieW o f a h e a v y d u t y c h i p p i n g a n d

p u t t i n g g r e e n

s h o W i n g m y neW

d e s i g n ;

S e e

a p p l i c a t i o n ? l e f o r

c o m p l e t e

s e a r c h h i s t o r y .

FIG. 2

i s

a

f r o n t

e l e v a t i o n a l vieW t h e r e o f ,

t h e

r e a r b e i n g a

References Cited

U . S .

PATENT DOCUMENTS

m i r r o r i m a g e t h e r e o f ;

F I G .

3

i s

a

t o p vieW t h e r e o

5 6 )

f ;

F I G .

4

i s

a

l e f t s i d e e l e v a t i o n a l vieW

t h e r e o f ; t h e

r i g h t s i d e

b e i n g t h e same i n a p p e a r a n c e ; a n d ,

473/162

473/159

.. D21 792 . .

n 132N792

F I G .

5 1 s a bottom plan v 1 e W t h e r e o f .

..

D21 792

D 2 l / 7 9 2 1 C l a i m , 2

Drawing

S h e e t s

5 / 1 9 7 3

Palmer e t a l ./ 1 9 8 1 Mosier e t a l .

/1986

Williamson

/1998

Tsou

6 / 2 0 0 1 Mira?or

1 0 / 2 0 0 3

Fabac



10/13

U.S. Patent

A p r .

8 ,

2 0 0 8

S h e e t

1 o f 2 US D566 218 S

F I G .

2

FIGS

I



11/13



12/13

JS44 (Rev. 1/13 NDGA) CIVIL COVER SHEET The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as

provided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S) DEFENDANT(S)

(b)COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED

PLAINTIFF DEFENDANT

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF

LAND INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN) E-MAIL ADDRESS)

II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES(PLACE AN “X” IN ONE BOX ONLY) (PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)

(FOR DIVERSITY CASES ONLY)

PLF DEF PLF DEF

1 U.S. GOVERNMENT 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL

PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE

2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL

DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER

IN ITEM III) STATE

3 3 CITIZEN OR SUBJECT OF A

FOREIGN COUNTRY 6 6 FOREIGN NATION

IV. ORIGIN (PLACE AN “X “IN ONE BOX ONLY) TRANSFERRED FROM APPEAL TO DISTRICT JUDGE

1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 MULTIDISTRICT 7 FROM MAGISTRATE JUDGE

PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) LITIGATION JUDGMENT

V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE

JURISDICTIONAL STATUTES UNLESS DIVERSITY)

(IF COMPLEX, CHECK REASON BELOW)

1. Unusually large number of parties. 6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government.

3. Factual issues are exceptionally complex 8. Multiple use of experts.

4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries.

5. Extended discovery period is needed. 10. Existence of highly technical issues and proof.

CONTINUED ON REVERSEFOR OFFICE USE ONLY

RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP)

JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION _

(Referral)

Intellectual Sporting Goods, LLC Synlawn, LLC; Lowe's Companies, Inc.;Golfsmith International, Inc.

Fulton

Clayton, McKay & Bailey, PC1155 Mt. Vernon Hwy.Suite 800Atlanta, GA [email protected]

This is an action for patent infringement arising under the patent laws of the United States, Title 35 ofthe United States Code, Sections 271 and 281, et seq.

WhitfieldFulton



13/13

VI. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)

CONTRACT - "0" MONTHS DISCOVERY TRACK 150 RECOVERY OF OVERPAYMENT &

ENFORCEMENT OF JUDGMENT 152 RECOVERY OF DEFAULTED STUDENT

LOANS (Excl. Veterans) 153 RECOVERY OF OVERPAYMENT OF

VETERAN'S BENEFITS

CONTRACT - "4" MONTHS DISCOVERY TRACK

110 INSURANCE 120 MARINE

130 MILLER ACT 140 NEGOTIABLE INSTRUMENT 151 MEDICARE ACT 160 STOCKHOLDERS' SUITS

190 OTHER CONTRACT 195 CONTRACT PRODUCT LIABILITY

196 FRANCHISE

REAL PROPERTY - "4" MONTHS DISCOVERY

TRACK

210 LAND CONDEMNATION 220 FORECLOSURE 230 RENT LEASE & EJECTMENT 240 TORTS TO LAND 245 TORT PRODUCT LIABILITY

290 ALL OTHER REAL PROPERTY

TORTS - PERSONAL INJURY - "4" MONTHS

DISCOVERY TRACK

310 AIRPLANE 315 AIRPLANE PRODUCT LIABILITY 320 ASSAULT, LIBEL & SLANDER 330 FEDERAL EMPLOYERS' LIABILITY 340 MARINE

345 MARINE PRODUCT LIABILITY 350 MOTOR VEHICLE 355 MOTOR VEHICLE PRODUCT LIABILITY 360 OTHER PERSONAL INJURY

362 PERSONAL INJURY - MEDICALMALPRACTICE

365 PERSONAL INJURY - PRODUCT LIABILITY367 PERSONAL INJURY - HEALTH CARE/

PHARMACEUTICAL PRODUCT LIABILITY368 ASBESTOS PERSONAL INJURY PRODUCT

LIABILITY

TORTS - PERSONAL PROPERTY - "4" MONTHS

DISCOVERY TRACK 370 OTHER FRAUD371 TRUTH IN LENDING380 OTHER PERSONAL PROPERTY DAMAGE385 PROPERTY DAMAGE PRODUCT LIABILITY

BANKRUPTCY - "0" MONTHS DISCOVERY TRACK

422 APPEAL 28 USC 158 423 WITHDRAWAL 28 USC 157

CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK

441 VOTING 442 EMPLOYMENT

443 HOUSING/ ACCOMMODATIONS 444 WELFARE 440 OTHER CIVIL RIGHTS 445 AMERICANS with DISABILITIES - Employment 446 AMERICANS with DISABILITIES - Other

448 EDUCATION

IMMIGRATION - "0" MONTHS DISCOVERY TRACK 462 NATURALIZATION APPLICATION465 OTHER IMMIGRATION ACTIONS

PRISONER PETITIONS - "0" MONTHS DISCOVERYTRACK 463 HABEAS CORPUS- Alien Detainee510 MOTIONS TO VACATE SENTENCE530 HABEAS CORPUS

535 HABEAS CORPUS DEATH PENALTY540 MANDAMUS & OTHER 550 CIVIL RIGHTS - Filed Pro se555 PRISON CONDITION(S) - Filed Pro se560 CIVIL DETAINEE: CONDITIONS OF

CONFINEMENT

PRISONER PETITIONS - "4" MONTHS DISCOVERY

TRACK 550 CIVIL RIGHTS - Filed by Counsel555 PRISON CONDITION(S) - Filed by Counsel

FORFEITURE/PENALTY - "4" MONTHS DISCOVERY

TRACK 625 DRUG RELATED SEIZURE OF PROPERTY

21 USC 881

690 OTHER

LABOR - "4" MONTHS DISCOVERY TRACK 710 FAIR LABOR STANDARDS ACT720 LABOR/MGMT. RELATIONS740 RAILWAY LABOR ACT751 FAMILY and MEDICAL LEAVE ACT790 OTHER LABOR LITIGATION791 EMPL. RET. INC. SECURITY ACT

PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK 820 COPYRIGHTS840 TRADEMARK

PROPERTY RIGHTS - "8" MONTHS DISCOVERY TRACK 830 PATENT

SOCIAL SECURITY - "0" MONTHS DISCOVERY

TRACK 861 HIA (1395ff)

862 BLACK LUNG (923)863 DIWC (405(g))863 DIWW (405(g))864 SSID TITLE XVI865 RSI (405(g))

FEDERAL TAX SUITS - "4" MONTHS DISCOVERY

TRACK 870 TAXES (U.S. Plaintiff or Defendant)871 IRS - THIRD PARTY 26 USC 7609

OTHER STATUTES - "4" MONTHS DISCOVERY

TRACK 375 FALSE CLAIMS ACT400 STATE REAPPORTIONMENT

430 BANKS AND BANKING450 COMMERCE/ICC RATES/ETC.460 DEPORTATION470 RACKETEER INFLUENCED AND CORRUPT

ORGANIZATIONS480 CONSUMER CREDIT

490 CABLE/SATELLITE TV891 AGRICULTURAL ACTS893 ENVIRONMENTAL MATTERS895 FREEDOM OF INFORMATION ACT950 CONSTITUTIONALITY OF STATE STATUTES890 OTHER STATUTORY ACTIONS

899 ADMINISTRATIVE PROCEDURES ACT /REVIEW OR APPEAL OF AGENCY DECISION

OTHER STATUTES - "8" MONTHS DISCOVERY

TRACK 410 ANTITRUST850 SECURITIES / COMMODITIES / EXCHANGE

OTHER STATUTES - “0" MONTHS DISCOVERY

TRACK 896 ARBITRATION

(Confirm / Vacate / Order / Modify)

* PLEASE NOTE DISCOVERYTRACK FOR EACH CASE TYPE.SEE LOCAL RULE 26.3

VII. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $_____________________________

JURY DEMAND YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY JUDGE_______________________________ DOCKET NO._______________________

CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)

1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.

2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.

3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.

4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME

BANKRUPTCY JUDGE.

5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.

6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. , WHICH WAS

DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.

SIGNATURE OF ATTORNEY OF RECORD DATE

7/24/2015 / Benjamin D. Bailey /


Documents

ISG v. Synlawn - Complaint