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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

EL PASO DIVISION

SMALL AXE ENTERPRISES, INC.,

Plaintiff,

v.

HELEN OF TROY LIMITED,

Defendants.

Civil Action No. 3:20-cv-00042

JURY TRIAL DEMAND

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Small Axe Enterprises, Inc., a corporation established and existing under the laws 

of the State of California (“Plaintiff” or “Small Axe”), files this Complaint for Patent 

Infringement arising under the Patent Laws of the United States of America, 35 U.S.C. § 100, et 

seq., seeks damages, and injunctive relief, and alleges:

THE PARTIES

1. Small Axe is a California corporation with its office located at 860 Mola Vista 

Way, Solana Beach, California 92075. 

2. On information and belief, Defendant, Helen of Troy Limited, is a business entity 

organized under the laws of Bermuda with its principal executive office at Clarendon House, 2 

Church Street, Hamilton, Bermuda (“Defendant” or “H.O.T.”). On information and belief, 

H.O.T. also maintains an office in this District at 1 Helen of Troy Plaza, El Paso, Texas 79912. 

JURISDICTION AND VENUE

3. This action arises under the Patent Laws of the United States, Title 35 of the United 

States Code, 35 U.S.C. § 101 et seq. This Court has subject-matter jurisdiction under 28 U.S.C. 

§§ 1331, 1332, and 1338(a).

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4. The Court has personal jurisdiction over H.O.T. in that H.O.T. has committed and 

continues to commit acts of patent infringement in this District and/or has contributed to or 

induced acts of patent infringement by others in this District; regularly does business or solicits 

business in this District; employs citizens of Texas in this District; enters into contracts with 

citizens and/or residents of El Paso in this District; derives substantial revenue from its activities 

in this District; and has purposefully established substantial, systematic, and continuous contacts 

with this District such that it should reasonably expect to be haled into court in this District. 

Indeed, on information and belief, H.O.T. maintains an office in this District at 1 Helen of Troy 

Plaza, El Paso, Texas 79912.

5. Venue is proper in this District under 28 U.S.C. § 1400(b) and 28 U.S.C. 

§ 1391(c)(3). H.O.T. has committed acts of infringement in the District and/or has contributed to 

or induced acts of patent infringement by others in this District and has a regular and established 

place of business within the District. For example, Plaintiff is informed and believes that H.O.T.

has offices at 1 Helen of Troy Plaza, El Paso, Texas 79912. 

NATURE OF THE ACTION

6. The Patent. Small Axe is the assignee of and owns all right, title, and interest in 

and to U.S. Patent No. 6,578,809 B1 (the “’809 Patent”). The ’809 Patent is presumed valid, and 

is subsisting. A true and correct copy of the ’809 Patent is attached as Exhibit A and incorporated 

by reference.

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7. The ’809 Patent discloses and claims devices and articles of manufacture, namely 

“cup” shaped devices and/or articles of manufacture that are deformable to fit around the bases 

of various vessels used to contain liquids (e.g. cups, cans, and/or bottles). One such embodiment 

of the inventions claimed is depicted in Figure 5A and Figure 8 of the ’809 Patent:

8. Small Axe actively engages in the business of providing consumers products that 

practice one or more claims of the ’809 Patent. Small Axe has licensed the ’809 Patent to other 

companies that make, use, sell, and/or offer to sell products that practice one or more claims of 

the ’809 Patent. 

9. The Accused Products. H.O.T. makes, uses, sells, and offers to sell reusable, 

stainless-steel water bottles under the brand name Hydro Flask. H.O.T. makes, uses, sells, offers 

to sell, and/or imports “Flex Boots,” either together with or as accessories for Hydro Flask water 

bottles, in various sizes. The figures below depict H.O.T.’s Hydro Flask Flex Boots:

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10. On information and belief, Hydro Flask Small Flex Boots fit Hydro Flask 12-24 

ounce wide and standard mouth Hydro Flask bottles. On information and belief, Hydro Flask 

Medium Flex Boots fit 32 and 40 ounce wide mouth Hydro Flask bottles. This complaint will

refer to Hydro Flask Small Flex Boots and Hydro Flask Medium Flex Boots collectively as the 

“Accused Products.” On information and belief, H.O.T. makes, uses, sells, offers to sell, and/or 

imports the Accused Products either separate from Hydro Flask water bottles as accessories or 

together with Hydro Flask water bottles.

11. The Accused Products infringe one or more claims of the ’809 Patent. For 

example, Claim 8 of the ’809 Patent reads:

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The Accused Products are articles of manufacture comprising a low profile cup-shaped coaster 

means that conform to the outer contours of Hydro Flask bottles. The Accused Products are 

flexible and deformable such that they conform to Hydro Flask bottles. The Accused Products 

are removable from Hydro Flask bottles. The Accused Products are made from a single piece of 

flexible material. The Accused Products all stretch from a resting position to a second position 

so that they can be placed on and conform to Hydro Flask water bottles. The Accused Products 

all have inner surfaces that contact the exterior portion of Hydro Flask bottles, outer surfaces on 

the exterior of the Accused Products, and substantially flat bottom portions connected to the 

substantially vertical side walls of the Accused Products. Hydro Flask water bottles are 

maintained in a substantially orthogonal relationship to a planar surface on which they rest when 

the Accused Products are installed on the bottom of Hydro Flask water bottles—in other words, 

Hydro Flask water bottles stand upright with Accused Products installed. 

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12. On May 31, 2019, Small Axe wrote H.O.T. a letter advising that H.O.T. was 

infringing the ’809 Patent. Small Axe sought to engage in discussions with H.O.T. concerning 

its need for a license. H.O.T. chose not to engage in any discussions concerning its need for a 

license, leaving Small Axe no choice but to file this lawsuit to preserve its rights.

FIRST CLAIM FOR RELIEF

(Infringement of U.S. Patent No. 6,578,809 B1)

13. Plaintiff incorporates paragraphs 1-12 of this Complaint by reference.

14. The USPTO issued the ’809 Patent to Vincent DiMella on June 17, 2003. In or 

about January 2009, Small Axe obtained all right, title, and interest in and to the ’809 Patent by 

assignment. Since then, Small Axe has owned and still owns the ’809 Patent during the period 

of H.O.T.’s infringement.

15. H.O.T. has infringed and is still infringing (either directly or indirectly and either 

literally or by equivalents) the ’809 Patent by making, using, selling, offering for sale and/or 

importing Accused Products that practice one or more claims of the ’809 Patent and will continue 

to do so unless enjoined by this Court.

16. H.O.T. has infringed and continues to infringe, either directly or indirectly and 

either literally or by equivalents, at least one claim of the ’809 Patent in the United States and, in 

particular, in this District. For example, and without limitation, H.O.T. has infringed and 

continues to infringe at least Claim 8 of the ’809 Patent, as explained in greater detail above. On 

information and belief, H.O.T. indirectly infringes the ’809 Patent either through inducement of 

infringement or through contributory infringement. 

17. Small Axe is entitled to recover from H.O.T. damages adequate to compensate 

Small Axe for H.O.T.’s infringement of the ’809 Patent, but in no event less than a reasonable 

royalty for the use H.O.T. made of claim(s) in the ’809 Patent, together with interest and costs as 

fixed by the Court.

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18. On information and belief, H.O.T. has had notice of its infringement of the ’809

Patent from at least on or about May 31, 2019, the time of Small Axe’s letter advising H.O.T. that 

it required a license to continue making, using, selling, offering for sale and/or importing the 

Accused Products. Accordingly, H.O.T.’s infringement since at least that time has been willful 

and deliberate, entitling Small Axe to enhanced damages pursuant to 35 U.S.C. § 284 and to 

attorneys’ fees and costs pursuant to 35 U.S.C. § 285.

19. H.O.T.’s infringement of the ’809 Patent is causing and will continue to cause 

irreparable harm to Small Axe for which there is no adequate remedy at law such that Small Axe

is entitled to have this Court enjoin H.O.T.’s infringement of the ’809 Patent.

PRAYER FOR RELIEF

Wherefore, Plaintiff Small Axe respectfully requests that this Court enter judgment in its 

favor against Defendant and grant the following relief:

A. An adjudication that H.O.T. has infringed and continues to infringe one or more 

claims of the ’809 Patent, directly and/or indirectly and literally and/or through equivalents;

B. An award of damages to Small Axe adequate to compensate it for H.O.T.’s past 

infringement, together with pre-judgment and post-judgment interest, as well as damages 

adequate to compensate Small Axe for any continuing or future infringement, including costs, 

expenses, and an accounting for all infringing acts;

C. A finding that H.O.T.’s infringement has been, and continues to be, willful and an 

award of enhanced damages, up to and including treble damages pursuant to 35 U.S.C. § 284;

D. A preliminary and/or permanent injunction pursuant to 35 U.S.C. § 283, enjoining 

H.O.T., including its officers, directors, agents, servants, affiliates, employees, divisions, 

branches, subsidiaries, parents, and all others acting in active concert or participation with H.O.T., 

from making, using, selling, offering to sell in the United States, or importing into the United 

States, any devices or articles of manufacture that infringe the ’809 Patent, directly or indirectly 

and literally or through equivalents;

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E. A finding that this case is exceptional and an award to Small Axe of its reasonable 

attorneys’ fees and costs pursuant to 35 U.S.C. § 285; 

F. An order and judgment requiring H.O.T. to pay Small Axe for Small Axe’s 

damages, costs, expenses, fees, pre-judgment, and post-judgment interest for H.O.T.’s 

infringement of any of the ’809 Patent claims pursuant to 35 U.S.C. §§ 284 and/or 285; and

G. Any and all further relief this Court deems just and proper.

JURY DEMAND

Small Axe respectfully demands a trial by jury on all issues so triable.

Dated: February 7, 2020 Respectfully submitted,

KYLE HARRIS LLP

By: /s/ John S. Kyle

John S. Kyle

Lead Attorney

California State Bar No. 199196

jkyle@klhipbiz.com

450 B Street, Suite 1410

San Diego, CA. 92101

Telephone: (619) 600-0644

ATTORNEYS FOR SMALL AXE 

ENTERPRISES, INC.

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