United States District Court, W.D. Washington, Seattle
0912139 B.C. LTD., a Canadian corporation, and PAKAGE APPAREL INC., a Canadian corporation, Plaintiffs,
RAMPION USA INC., a Washington corporation, and RAMPION ENTERPRISES LTD., a Canadian corporation, Defendants.
& WHITNEY LLP Paul Meiklejohn WSBA # 17477 Attorneys for
L. ROBERT JUDGE
THE JUDGE WITH JURISDICTION IN THE SUPREME COURT OF BRITISH
undersigned Judge of the United States District Court for the
Western District of Washington sends greetings to the
Honorable Judge in the Supreme Court of British Columbia,
Canada, and solicits the assistance of your competent Court
to compel one or more officers, directors, employees, or
managing agents of SAXX Underwear Co., a company based in
Vancouver, British Columbia, Canada, to produce certain
documents and things described below for use in the
support of this cordial solicitation of assistance, I have
found that the following allegations have been supported to
the extent necessary to make the requested information
discoverable under the United States' Federal Rules of
above-captioned case is properly under the jurisdiction of,
and is now pending before, the United States District Court
for the Western District of Washington.
Plaintiffs 0912139 B.C. Ltd. and Pakage Apparel Inc.
(collectively, "Plaintiffs") filed a Complaint for
patent infringement and a Summons in the United States
District Court for the Western District of Washington against
Defendants Rampion USA Inc. and Rampion Enterprises Ltd.
(collectively, "Defendants") on October 5, 2018.
Through their counsel, Dorsey & Whitney LLP, Rampion USA
Inc. filed its Answer to the Complaint on November 14, 2018,
and Rampion Enterprises Ltd. filed its Answer to the
Complaint on December 21, 2018.
its Complaint, Plaintiffs have accused certain products
manufactured, sold, offered for sale, and/or imported into
the United States of America by Defendants of infringing one
or more claims of Plaintiffs' United States Patent Nos.
9, 687, 030 and 10, 034, 496 ("Asserted Patents").
The Asserted Patents claim men's undergarments having a
particular functional design, and the Defendants' accused
products are men's underwear.
Defendants' Answers each deny that the accused products
infringe any claim of the Asserted Patents and also assert as
a defense that the claims of the Asserted Patents are invalid
as anticipated or rendered obvious by the prior art.
Based on government records, SAXX Underwear Co.
("SAXX") is a Canadian company, and Defendants have
reason to believe that SAXX possesses information relevant to
Defendants' invalidity defense that is not available
through other, more convenient, sources.
is necessary and relevant for the purpose of justice and for
due determination of the matters in question between the
parties that SAXX, a company within your jurisdiction,
produce documents and things disclosing and/or establishing
the following information (collectively, the "Product
Information") with respect to the SAXX's underwear
product(s), as described below, on the dates and times
a. Documents sufficient to show all sales of Saxx underwear
products in the United States prior to July 28, 2011;
b. Documents sufficient to show all offers to sell Saxx
underwear products in the United States prior to July 28,
c. Exemplary samples of SAXX's first marketing,
advertising, or promotional materials for the Saxx underwear
products sold in the ...