1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

BES16LIT001

COMPLAINT FOR

PATENT INFRINGEMENT

Gregory P. Sitrick (SBN 028756) gregrory.sitrick@quarles.com 

QUARLES & BRADY LLP 

One Renaissance Square 

Two North Central Avenue 

Phoenix, AZ 85004 

Telephone: 602.229.5317 

Facsimile: 602.420.5198 

Uleses C. Henderson, Jr. (pro hac vice forthcoming) uhenderson@onellp.com 

Stephen M. Lobbin (pro hac vice forthcoming) slobbin@onellp.com 

ONE LLP 

9301 Wilshire Blvd, Penthouse Suite 

Beverly Hills, CA 90210 

Telephone: 310.866.5157 

Facsimile: 310.919.2835 

Attorneys for Plaintiffs 

Bestway Inflatables & Material Corporation 

and Bestway (USA), Inc. 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

BESTWAY INFLATABLES & 

MATERIALS CORPORATION, a 

China corporation; and BESTWAY 

(USA), INC., an Arizona corporation, 

Plaintiffs, 

 v. 

INTEX RECREATION 

CORPORATION, a California 

corporation; INTEX DEVELOPMENT 

COMPANY LTD., a Hong Kong 

corporation; and INTEX INDUSTRIES 

(XIAMEN) CO., LTD., a China 

corporation, 

Defendants. 

)

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 

COMPLAINT FOR 

PATENT INFRINGEMENT 

DEMAND FOR JURY TRIAL 

Case 2:16-cv-00017-NVW Document 1 Filed 01/05/16 Page 1 of 8
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

BES16LIT001 

2 COMPLAINT FOR

PATENT INFRINGEMENT

Plaintiffs Bestway Inflatables & Materials Corporation and Bestway (USA), 

Inc. (collectively referred to herein as “Bestway”) bring this patent infringement 

action against Defendants Intex Industries (Xiamen) Co., Ltd., Intex Recreation 

Corp., and Intex Development Company, Ltd. (collectively referred to herein as 

“Intex”) in connection with Intex’s manufacture and sales of above-ground pool 

filters covered by one or more claims of U.S. Patent No. 7,159,731 (“the ’731 

patent”). Bestway hereby complains and alleges against Intex as follows: 

JURISDICTION AND VENUE

1. This is an action for patent infringement arising under the Patent Laws 

of the United States, 35 U.S.C. §§ 1 et seq., including 35 U.S.C. § 271. This Court 

has exclusive subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 

1331 and 1338. 

2. On information and belief, Intex has made, used, offered to sell, sold, 

and/or imported into the United States, products that infringe one or more claims of 

the ’731 patent, which is owned by Bestway. 

3. This Court has personal jurisdiction over Intex because, on information 

and belief, Intex regularly engages in business in this Judicial District, regularly 

solicits business in this Judicial District, and derives substantial revenue from goods 

sold and used in this Judicial District. Intex’s accused infringing products are or 

were available, and are or were being offered for sale and sold, via the internet on at 

least Amazon.com and at Wal-Mart stores, including to customers located within 

this Judicial District. 

4. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 

1400(b). 

THE PARTIES

5. Plaintiff Bestway Inflatables & Materials Corporation (“BestwayChina”) is a company organized under the laws of the People’s Republic of China, 

Case 2:16-cv-00017-NVW Document 1 Filed 01/05/16 Page 2 of 8
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

BES16LIT001 

3 COMPLAINT FOR

PATENT INFRINGEMENT

having a principal place of business at No. 3065 Cao An Road, Shanghai, China 

201812. 

6. Plaintiff Bestway (USA), Inc. (“Bestway-USA”) is a corporation 

organized and existing under the laws of the State of Arizona, having a principal 

place of business at 3249 East Harbour Drive, Phoenix, Arizona. 

7. Bestway is in the business of making and selling many products, 

including above-ground pool products and accessories. 

8. On information and belief, Defendant Intex Industries (Xiamen) Co., 

Ltd. (“Intex-Xiamen”) is a company organized under the laws of the People’s 

Republic of China, having a principal place of business at Wengjiao Road, Haicang 

District, Xiamen, Fujian, China. On information and belief, Intex-Xiamen 

manufactures above-ground pool products and accessories sold and distributed in 

the United States, including the accused infringing above-ground pool filters. 

9. On information and belief, Defendant Intex Development Company 

Ltd. (“Intex Development”) is a corporation organized and existing under the laws 

of Hong Kong, having a principal place of business at 9/F Dah Sing Financial 

Centre, 108 Gloucester Road, WanChai, Hong Kong. On information and belief, 

Intex Development exports above-ground pool products and accessories from China 

into the United States, including the accused infringing above-ground pool filters. 

10. On information and belief, Intex Recreation Corporation (“Intex 

Recreation”) is a corporation organized and existing under the laws of the State of 

California, having a principal place of business at 4001 Via Oro Avenue, Long 

Beach, California. On information and belief, Intex Recreation, Intex’s United 

States subsidiary, imports and distributes above-ground pool products and 

accessories in the United States, including the accused infringing above-ground pool 

filters. 

Case 2:16-cv-00017-NVW Document 1 Filed 01/05/16 Page 3 of 8
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

BES16LIT001 

4 COMPLAINT FOR

PATENT INFRINGEMENT

FACTUAL BACKGROUND

11. On June 15, 2004, the United States Patent and Trademark Office 

(“PTO”) duly and legally issued U.S. Patent No. 7,159,731, which is entitled “Air 

Purge Valve And Filter Pump Cover Employing Same” and relates to an air purge 

valve and filter pump cover. A true and accurate copy of the ’731 patent is attached 

hereto as Exhibit A. 

12. Bestway-China is the assignee of and owns all rights and interest in and 

to the ’731 patent, and has the right to sue for any infringement thereof. BestwayUSA is the licensee of the ’731 patent. 

13. Bestway sells products in the United States that embody the inventions 

claimed in the ’731 patent, including, but not limited to, its FlowclearTM Filter 

Pumps. 

14. On information and belief, Intex is infringing the ’731 patent, directly, 

contributorily and/or by inducement, by making, using, importing, selling, or 

offering for sale in the United States, including in this Judicial District, products 

embodying the inventions claimed in the ’731 patent, without authority. For 

example, Intex is infringing the ’731 patent by making, using, selling, offering for 

sale, and/or importing its Krystal ClearTM Cartridge filter pump products, including 

at least the products bearing the serial numbers shown below: 

Case 2:16-cv-00017-NVW Document 1 Filed 01/05/16 Page 4 of 8
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

BES16LIT001 

5 COMPLAINT FOR

PATENT INFRINGEMENT

Serial No. 28637EG Serial No. 28601

Serial No. 28635EG Serial No. 28633EG

Serial No. 2867EG 

COUNT ONE

(Patent Infringement) 

15. Bestway re-alleges and incorporates by reference paragraphs 1-14 of 

this Complaint, as though fully set forth herein. 

16. On information and belief, Intex has had actual knowledge of the ’731 

patent, prior to the filing of this action. 

17. Intex’s Krystal Clear Cartridge filter pumps infringe the ’731 patent. 

18. Intex has directly infringed and continues to directly infringe one or 

more claims of the ’731 patent by making, using, offering to sell, selling and/or 

importing, in this District and elsewhere in the United States, the Krystal Clear 

Cartridge filter pumps and other similar products that infringe the ’731 patent. 

Case 2:16-cv-00017-NVW Document 1 Filed 01/05/16 Page 5 of 8
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

BES16LIT001 

6 COMPLAINT FOR

PATENT INFRINGEMENT

19. Intex has contributed to the infringement of and continues to 

contributorily infringe one or more claims of the ’731 patent, by making, using, 

offering to sell, selling and/or importing, in this Judicial District and elsewhere in 

the United States, the Krystal Clear Cartridge filter pumps and other similar 

products that infringe the ’731 patent. In particular, Intex has made, used, offered to 

sell, sold and/or imported the above-referenced products with knowledge of the ’731 

patent and its applicability to the products. 

20. On information and belief, Intex has induced infringement of and 

continues to induce infringement of one or more claims of the ’731 patent by 

developing, making, using, offering to sell, selling and/or importing, in this Judicial 

District and elsewhere in the United States, the Krystal Clear Cartridge filter pumps 

and other similar products that infringe the ’731 patent. 

21. Intex’s actions constitute direct infringement, contributory 

infringement, and/or active inducement of infringement of one or more claims of the 

’731 patent in violation of 35 U.S.C. § 271. 

22. Bestway has sustained damages and will continue to sustain damages 

as a result of Intex’s aforesaid acts of infringement. 

23. Bestway is entitled to recover damages sustained as a result of Intex’s 

wrongful acts in an amount to be proven at trial. 

24. Intex’s infringement of Bestway’s rights under the ’731 patent will 

continue to damage Bestway’s business, causing irreparable harm, for which there is 

no adequate remedy at law, unless it is enjoined by this Court. 

25. In addition, Intex has infringed the ’731 patent – directly, 

contributorily, and/or by inducement – with full knowledge of the ’731 patent’s 

issuance and despite having full knowledge that its actions constituted infringement 

of that patent. For at least this reason, Intex has willfully infringed the ’731 patent, 

entitling Bestway to increased damages under 35 U.S.C. § 284 and to attorney fees 

and costs incurred in prosecuting this action under 35 U.S.C. § 285. 

Case 2:16-cv-00017-NVW Document 1 Filed 01/05/16 Page 6 of 8
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

BES16LIT001 

7 COMPLAINT FOR

PATENT INFRINGEMENT

PRAYER FOR RELIEF

WHEREFORE, Bestway respectfully requests that the Court enter judgment 

in its favor and against Intex, and provide Bestway the following relief: 

A. An adjudication that U.S. Patent 7,159,731 is valid and enforceable, 

and is infringed by Intex; 

B. Orders of this Court temporarily, preliminarily, and permanently 

enjoining Intex, its agents, servants, and any and all parties acting either in concert 

or in any business relationship with Intex, from directly or indirectly infringing in 

any manner any of the claims of the ’731 patent pursuant to at least 35 U.S.C. § 283, 

including specifically an order enjoining the sale, offering for sale, manufacture, or 

importation of any infringing products; 

C. An award of damages adequate to compensate Bestway for Intex’s 

infringement of the ’731 patent in an amount to be proven at trial; 

D. An adjudication that Intex’s infringement of the ’731 patent has been 

deliberate and willful, and awarding Bestway treble damages under 35 U.S.C. § 284; 

E. A finding that this case is “exceptional” under 35 U.S.C. § 285, and 

awarding Bestway its costs and reasonable attorney’s fees; 

F. An assessment and award of pre- and post-judgment interest on all 

damages awarded; and 

G. Such other and further relief as the Court deems just and proper. 

/ / 

/ / 

/ /

Case 2:16-cv-00017-NVW Document 1 Filed 01/05/16 Page 7 of 8
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

BES16LIT001 

8 COMPLAINT FOR

PATENT INFRINGEMENT

Demand for Jury Trial

Pursuant to Fed. R. Civ. P. 38(b), Plaintiff Bestway hereby demands a jury 

trial on all the issues so triable. 

 Respectfully submitted, 

DATED: 1/5/2016 QUARLES & BRADY LLP 

By: /s/ Gregory P. Sitrick 

GREGORY P. SITRICK (SBN 028756) 

gregrory.sitrick@quarles.com 

QUARLES & BRADY LLP 

One Renaissance Square 

Two North Central Avenue 

Phoenix, AZ 85004 

Telephone: 602.229.5317 

Facsimile: 602.420.5198 

Uleses C. Henderson, Jr. (pro hac vice forthcoming) uhenderson@onellp.com 

Stephen M. Lobbin (pro hac vice forthcoming) slobbin@onellp.com 

ONE LLP 

9301 Wilshire Blvd, Penthouse Suite 

Beverly Hills, CA 90210 

Telephone: 310.866.5157 

Facsimile: 310.919.2835 

Attorneys for Plaintiffs 

Bestway Inflatables & Material Corporation 

and Bestway (USA), Inc. 

Case 2:16-cv-00017-NVW Document 1 Filed 01/05/16 Page 8 of 8