1 - COMPLAINT FOR PATENT INFRINGMENT 

Susan D. Pitchford, OSB No. 980911 

E-mail: sdp@chernofflaw.com

Kevin L. Russell, OSB 934855 

E-mail: kevin@chernofflaw.com

CHERNOFF VILHAUER LLP

601 SW Second Avenue, Suite 1600 

Portland, Oregon 97204 

Telephone: (503) 227-5631 

Attorneys for Plaintiff Real Right Stuff, LLC 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

REAL RIGHT STUFF, LLC, 

Plaintiff, 

 v. 

AMAZON.COM, INC.; B&H FOTO & 

ELECTRONICS CORP.; DESMOND 

PHOTOGRAPHIC DISTRIBUTORS, INC. 

d/b/a OEC CAMERA ACCESSORIES and 

JOHN SIMMONDS, 

Defendants. 

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Case No. 3:15-cv-2221 

COMPLAINT FOR PATENT 

INFRINGEMENT 

JURY TRIAL DEMANDED 

COMPLAINT FOR PATENT INFRINGEMENT

 Plaintiff Real Right Stuff, LLC, (“Real Right Stuff” or “Plaintiff”) brings this action 

against defendants Amazon.com, Inc. (“Amazon”), B&H Foto & Electronics Corp. (“B&H”), 

Desmond Photographic Distributors, Inc. d/b/a OEC Camera Accessories (“Desmond 

Photographic”) and John Simmonds (“Simmonds”) (collectively “Defendants”) and, on 

information and belief, alleges as follows: 

 

Case 3:15-cv-02221 Document 1 Filed 11/25/15 Page 1 of 9
2 - COMPLAINT FOR PATENT INFRINGMENT 

THE PARTIES

1. Plaintiff Real Right Stuff is a limited liability company organized and existing 

under the laws of California, with its principal place of business 1146 Farmhouse Lane, San Luis 

Obispo, California 93401.

2. Plaintiff Real Right Stuff owns, through assignment, the inventions described and 

claimed in United States Patent Nos. 6,773,172 entitled “QUICK-RELEASE CLAMP FOR 

PHOTOGRAPHIC EQUIPMENT” (the “‘172 Patent”), 8,398,037 entitled “EQUIPMENT 

SUPPORT” (the “‘037 Patent”), and 9,063,397 entitled “PANORAMIC CAMERA MOUNT” 

(the “’397 Patent) (Collectively “Patents at Issue”). 

3. Upon information and belief, Defendant Amazon is a corporation organized and 

existing under the laws of Delaware, with its principal place of business located at 410 Terry 

Avenue North, Seattle, WA 98109-5210. 

4. Upon information and belief, Defendant B&H is a corporation organized and 

existing under the laws of New York, with its principal place of business located at 420 9th

Avenue, New York, NY 10001. 

5. Upon information and belief, Desmond Photographic is a corporation organized 

and existing under the laws of Oregon, with its principal place of business located at 14147 SE 

Alta Vista Drive, Happy Valley, OR 97086. 

6. Upon information and belief, defendant Simmonds is an individual and resident of 

Happy Valley, Oregon. 

7. Upon information and belief, Defendant Simmonds and/or Defendant Desmond 

Photographic distribute the products referenced below to Defendant B&H and Defendant 

Amazon and also distribute such products directly. 

 

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3 - COMPLAINT FOR PATENT INFRINGMENT 

JURISDICTION AND VENUE

8. This is an action for patent infringement arising under the provisions of the Patent 

Laws of the United States of America, Title 35, United States Code. 

9. Subject-matter jurisdiction over Plaintiff’s claims is conferred upon this Court by 

28 U.S.C. §§ 1331 and 1338(a). 

10. On Information and belief, each defendant has solicited business in the State of 

Oregon, transacted business within the State of Oregon and attempted to derive financial benefit 

from residents of the State of Oregon, including benefits directly related to the instant patent 

infringement cause of action set forth herein. 

11. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b), (c), and (d) 

and 1400(b). 

THE PATENTS

12. The United States Patent and Trademark Office issued the ‘172 Patent (attached 

as exhibit A) on August 10, 2004. Through assignment, Plaintiff is the owner of all right, title, 

and interest in the Patent, including all rights to pursue and collect damages for past infringement 

of the Patent. 

13. The United States Patent and Trademark Office issued the ‘037 Patent (attached 

as exhibit B) on March 19, 2013. Through assignment, Plaintiff is the owner of all right, title, 

and interest in the Patent, including all rights to pursue and collect damages for past infringement 

of the Patent. 

14. The United States Patent and Trademark Office issued the ‘397 Patent (attached 

as exhibit C) on June 23, 2015. Through assignment, Plaintiff is the owner of all right, title, and 

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4 - COMPLAINT FOR PATENT INFRINGMENT 

interest in the Patent, including all rights to pursue and collect damages for past infringement of 

the Patent. 

CLAIM FOR PATENT INFRINGEMENT

(Infringement of the ‘172 patent) 

15. Plaintiff incorporates by reference each of the allegations in paragraphs 1 – 14 

above and further alleges as follows: 

16. The United States Patent and Trademark Office issued the ‘172 patent on August 

10, 2004. Through assignment, Plaintiff is the owner of the ‘172 Patent with full rights to pursue 

recovery of royalties or damages for infringement of said patent, including full rights to recover 

past and future damages. 

17. The ‘172 Patent is presumed valid. 

18. Upon information and belief, the defendants, directly or through intermediaries, 

infringed one or more claims of the ‘172 patent, by or through making, having made, using, 

importing, providing, supplying, distributing, selling, and/or offering for sale quick-release 

clamps for photographic equipment, including but not limited to such clamps identified as 

SUNWAYFOTO DLC-42, SUNWAYFOTO DLC-50, SUNWAYFOTO DLC-60, 

SUNWAYFOTO DLC-60L, and/or SUNWAYFOTO DLC-60XL, and are not a staple article or 

commodity of commerce suitable for substantial non-infringing use, and are especially made or 

especially adapted for use in an infringement. 

19. Defendants are each liable for infringement of the ‘172 patent pursuant to 35 

U.S.C. § 271. 

20. Defendants were previously notified of and/or had knowledge of the ‘172 patent. 

Despite such notification and/or knowledge, those defendants have continued their infringement 

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5 - COMPLAINT FOR PATENT INFRINGMENT 

of the ‘172 patent. On information and belief those defendants’ infringement of the ‘172 patent 

have therefore been with notice and knowledge of the patent and has been willful and deliberate. 

21. Plaintiff has been damaged by Defendants’ infringements of the ‘172 patent and 

will suffer additional irreparable damage and impairment of the value of its patent rights unless 

Defendants are enjoined from continuing to infringe the ‘172 patent. 

22. Plaintiff is entitled to recover damages from the Defendants to compensate for the 

infringement. 

CLAIM FOR PATENT INFRINGEMENT

(Infringement of the ‘037 patent) 

23. Plaintiff incorporates by reference each of the allegations in paragraphs 1 – 22 

above and further alleges as follows: 

24. The United States Patent and Trademark Office issued the ‘037 patent on March 

19, 2013. Through assignment, Plaintiff is the owner of the ‘037 Patent with full rights to pursue 

recovery of royalties or damages for infringement of said patent, including full rights to recover 

past and future damages. 

25. The ‘037 Patent is presumed valid. 

26. Upon information and belief, the defendants, directly or through intermediaries, 

infringed one or more claims of the ‘037 patent, by or through making, having made, using, 

importing, providing, supplying, distributing, selling, and/or offering for sale tripods such as 

those identified as SIRUI R-4213X, SIRUI R-4214X, SIRUI R-5214X, and/or SIRUI R-5214X, 

and are not a staple article or commodity of commerce suitable for substantial non-infringing 

use, and are especially made or especially adapted for use in an infringement. 

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6 - COMPLAINT FOR PATENT INFRINGMENT 

27. Defendants are each liable for infringement of the ‘037 patent pursuant to 35 

U.S.C. § 271. 

28. Defendants Amazon and B&H were previously notified of and/or had knowledge 

of the ‘037 patent. Despite such notification and/or knowledge, those defendants have continued 

their infringement of the ‘037 patent. On information and belief those defendants’ infringement 

of the ‘037 patent have therefore been with notice and knowledge of the patent and has been 

willful and deliberate. 

29. Despond Photographic and Simmonds has had knowledge of the ‘037 patent at 

least from the time of the complaint and have continued their infringement of the ‘037 patent. 

30. Plaintiff has been damaged by Defendants’ infringements of the ‘037 patent and 

will suffer additional irreparable damage and impairment of the value of its patent rights unless 

Defendants are enjoined from continuing to infringe the ‘037 patent. 

31. Plaintiff is entitled to recover damages from the Defendants to compensate for the 

infringement. 

CLAIM FOR PATENT INFRINGEMENT

(Infringement of the ‘397 patent) 

32. Plaintiff incorporates by reference each of the allegations in paragraphs 1 – 31 

above and further alleges as follows: 

33. The United States Patent and Trademark Office issued the ‘397 patent on June 23, 

2015. Through assignment, Plaintiff is the owner of the ‘397 Patent with full rights to pursue 

recovery of royalties or damages for infringement of said patent, including full rights to recover 

past and future damages. 

34. The ‘397 Patent is presumed valid. 

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7 - COMPLAINT FOR PATENT INFRINGMENT 

35. Upon information and belief, the defendants, directly or through intermediaries, 

infringed one or more claims of the ‘397 patent, by or through making, having made, using, 

importing, providing, supplying, distributing, selling, and/or offering for sale camera mounts 

including those identified as SUNWAYFOTO DDH-02, SUNWAYFOTO DDH-02i, 

SUNWAYFOTO DDH-03i , SUNWAYFOTO DDH-03Ni , SUNWAYFOTO DDH-04, 

SUNWAYFOTO DDH-04N, SUNWAYFOTO DDH-05, SUNWAYFOTO DDH-05N, 

SUNWAYFOTO DDH-06, SUNWAYFOTO IRC-64, and/or Desmond Panning Claim PC-2, 

and are not a staple article or commodity of commerce suitable for substantial non-infringing 

use, and are especially made or especially adapted for use in an infringement. 

36. Defendants are each liable for infringement of the ‘397 patent pursuant to 35 

U.S.C. § 271. 

37. Defendants were previously notified of and/or had knowledge of the ‘397 patent. 

Despite such notification and/or knowledge, those defendants have continued their infringement 

of the ‘397 patent. On information and belief those defendants’ infringement of the ‘397 patent 

have therefore been with notice and knowledge of the patent and has been willful and deliberate. 

38. Plaintiff has been damaged by Defendants’ infringements of the ‘397 patent and 

will suffer additional irreparable damage and impairment of the value of its patent rights unless 

Defendants are enjoined from continuing to infringe the ‘397 patent. 

39. Plaintiff is entitled to recover damages from the Defendants to compensate for the 

infringement. 

 

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8 - COMPLAINT FOR PATENT INFRINGMENT 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows: 

A. Each defendant has infringed, contributed to infringement of, and/or induced 

infringement of the Patents at Issue; 

B. One or more defendants’ infringement, contributory infringement, and/or induced 

infringement of the Patents at Issue have been willful and deliberate; 

C. Each defendant account for and pay to Plaintiff all damages caused by its 

infringement of the Patents at Issue in accordance with 35 U.S.C. §284; 

D. The Court increase the amount of damages as a result of one or more of the 

defendants’ infringement, contributory infringement, and/or induced infringement of the Patents 

at issue to three times the amount found or assessed by the Court because of the willful and 

deliberate nature of the infringement, all in accordance with 35 U.S.C. §284; 

E. Plaintiff be granted permanent injunctive relief pursuant to 35 U.S.C. § 283 

enjoining each defendant, its officers, agents, servants, employees and those person in active 

concert or participation with them form further acts of patent infringement; 

F. Plaintiff be granted pre-judgment and post-judgment interest on the damages 

cause to them by reason of each defendants’ patent infringement complaint of herein; 

G. The Court declare this an exceptional case and the Plaintiff be granted its 

reasonable attorneys’ fees in accordance with 35 U.S.C. §285; 

H. Costs be awarded to plaintiff; 

I. For such other relief as justice requires. 

 

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DEMAND FOR JURY TRIAL

 Plaintiff demands trial by jury on all claims and issues so triable. 

Respectfully submitted, 

Dated: November 25, 2015 

By: /s/ Susan D. Pitchford 

 Susan D. Pitchford, OSB 98091 

 Kevin L. Russell, OSB 934855 

 CHERNOFF VILHAUER LLP 

 601 SW Second Avenue 

 Suite 1600 

 Portland, OR 97204 

 Telephone: (503) 227-5631 

 Facsimile: (503) 278-4373 

 Email: sdp@chernofflaw.com 

 Email: Kevin@chernofflaw.com 

Case 3:15-cv-02221 Document 1 Filed 11/25/15 Page 9 of 9