Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

0912139 B.C. Ltd. v. Rampion USA Inc.

United States District Court, W.D. Washington, Seattle

April 8, 2019

0912139 B.C. LTD., a Canadian corporation, and PAKAGE APPAREL INC., a Canadian corporation, Plaintiffs,
v.
RAMPION USA INC., a Washington corporation, and RAMPION ENTERPRISES LTD., a Canadian corporation, Defendants.

          DORSEY & WHITNEY LLP Paul Meiklejohn WSBA # 17477 Attorneys for Defendants

          LETTERS ROGATORY

          JAMES L. ROBERT JUDGE

         TO: THE JUDGE WITH JURISDICTION IN THE SUPREME COURT OF BRITISH COLUMBIA CANADA

         The 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 above-captioned case.

         In 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 Civil Procedure:

         1. The 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.

         2. 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.

         3. In 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.

         4. The 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.

         5. 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.

         6. It 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 specified:

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, 2011;
c. Exemplary samples of SAXX's first marketing, advertising, or promotional materials for the Saxx underwear products sold in the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.