8/2/2019 v. Ripple Resort Media et. al.

1/9

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADOCivil Action No.RIPPLE RESORT MEDIA , INC., an Indiana corporation,

Plaintiff,v.BRAN D C ONN ECTION S, LLC, a New Jersey limited liability company,KEEPLAN W INTER SPORTS, LLC, a New Jersey limited liability company,PERPETU AL PRO DUC TS CO., a Utah corporation,ASC UTAH, LLC, a Utah limited liability company d/b/a CANYONS, andJACKSON HOLE MOUNTAIN RESORT CORPORATION, a Wyoming corporation, d/b/aJACKSON HOLE MOUNTAIN RESORT,

Defendants.

COMPLAINT FOR PATENT INFR INGEMENT AND JURY DEMAND

Plaintiff Ripple Resort Media, Inc. ("Ripple" or "Plaintiff'), for its Complaint againstDefendants Brand Connections, LLC ("Brand Connections"), Keeplan Winter Spo rts, LLC("Keeplan"), Perpetual Products Co. ("Perpetual Products"), ASC Utah, LLC d/b/a Canyons("Canyons"), and Jackson Hole Mountain Resort Corporation d/b/a Jackson Hole MountainReso rt ("JHM R") (collectively, "Defendants"), alleges as follows:

NATURE OF THE ACTION1. This is an action for patent infirngement and damages under the United States

Patent law 35 U.S.C. 271 et. seq. Specifically, Plaintiff is an Aspen, Colorado based businessthat has developed and patented a media display system to be used on ski-litf chairs. DefendantsBrand Connections, Keeplan and Perpetual Products make, use, offer for sale and/or sellinfringing products including their product "Chair Maps." Defendants Canyons and JHMR have

8/2/2019 v. Ripple Resort Media et. al.

2/9

installed such infringing products on ski-lift chairs in the Canyons ski area in Park City, Utah, andJackson Hole ski area in Teton Village, Wyoming, respectively, where they are currently in use.Defendants' respective activities of making, using, selling or offeirng for sale such ski litf displayunits infringe Ripple's patent.

PARTIES2. Plaintiff Ripple Resort Media, Inc. is an Indiana corporation in good standing with

its principal place of business at located at 190 F iou Lane 2D , Basalt, Colorado, 81 621 .3. Defendant Brand Connections, LLC is a New Jersey limited liability company that

is registered and in good standing to do business in Colorado, and maintains offices in Coloradowith mailing addresses located at 2635 S. Santa Fe Drive, Denver, Colorado 80223 and P.O. Box2915, Vail Colorado 81658. On information and belief, Brand Connections owns and operates,controls and/or is the same as defendant Keeplan.

4. Defendant Keeplan Winter Sports, LLC is a New Jersey limited liability companythat is registered and in good standing to do business in Colorado, and maintains offices inColorado with a mailing address of P.O. Box 2915, Vail Colorado 81658. On information andbelief, Keeplan is a wholly owned subsidiary, division of, or the same as defendant BrandConnections.

5. Defendant Perpetual Products Co. is a Utah corporation with its pirncipal place ofbusiness at 8496 S. Harrison Street, Unit 101, Sandy, Utah 84047. Perpetual Productsmanufactures infringing products for Defendants Brand Connections and/or Keeplan. PerpetualProducts has sold and/or distirbuted and, on information and belief, does sell and/or distirbutesinfirnging products to purchasers in Colorado.

2

8/2/2019 v. Ripple Resort Media et. al.

3/9

6. Defendant ASC Utah, LLC is a Utah limited liability company with its principalplace of business at 1850 Sidewinder Boulevard, Second Floor, Park City, Utah 84060. ASCUtah, LLC is a d/b/a entity transacting its ski resort business as Canyons, which has its principalplace of business at 4000 The Canyons Resort Drive, Park City, Utah 84098. On information andbelief, Canyons actively conducts business in interstate commerce and in this District. Canyonsoperates Canyons ski area located in Park C ity, Utah.

7. Defendant Jackson Hole Mountain Resort Corporation d/b/a Jackson HoleMountain Resort is a Wyoming corporation with its principal place of business at P.O. Box 290,Teton Village, Wyoming 83025. On information and belief, JHMR actively conducts business ininterstate commerce and in this District. JHMR operates the Jackson Hole Mountain Resort skiarea located in Teton Village, Wyom ing.

JURISDICTION AND VENU E8. This Court has exclusive jurisdiction pursuant to 28 U.S.C. 1331 and 1338 in

that the Com plaint states an action based up on a federal question relating to patents.9. This Court has personal jurisdiction over defendants Brand Connections and

Keeplan because such defendants conduct business operations in Colorado, including activitiesinfirnging the patent-in-suit.

10. This Court has personal jurisdiction over defendant Perpetual Products because, oninformation and belief, Perpetual Products manufactures the infringing products and has directedsuch products for sale in this District. Perpetual Products serves as the exclusive manufacturerfor Keeplan and/or Brand Connections' ski area products, including the Chair Map. As such,Perpetual Products has manufactured products including the Chair Map for sale in Colorado. On

3

8/2/2019 v. Ripple Resort Media et. al.

4/9

information and belief, Perpetual Products transacts business regarding such infringing productsin Colorado with Defendants Brand Con nections and/or Keeplan.

11 . This Court has personal juirsdiction over defendants Canyons and JHMR becausethese defendants have and continue to maintain continuous and systematic general businesscontacts within Colorado including, but not limited to, directing solicitation, advertising andmarketing mateirals to residents of Colorado, entering into contracts and other businessarrangements with Colorado residents, attending trade shows in Colorado, and maintaininginteractive websites accessible to Colorado residents through which vairous interstate commercetransactions occur, including, w ithout limitation, the purchase of ski lift tickets.

1 2. Venue is appropriate in this District pursuant to 28 U.S.C. 1391 (b) and (c) and28 U.S.C. 1400(b) since Defendants reside in this Distirct, conduct business in the State ofColorado and this District, and/or have committed acts of patent infringement whose effects arefelt in this District.

GENERAL ALLEGATIONS

1 3. Ripple was founded for the purposes of providing ski resort guests with aconvenient map of the resort while riding the ski litf, and to create opportunities for targetedpirnt media on the cross bars of ski-litf chairs. As a platform to provide such maps and to bringpirnt media messages to the public, Ripple created a module device to attach to ski litfs. Since2001, Ripple has been providing such print media services to ski resorts in Colorado and otherstates wishing to market to persons riding on ski litfs.

1 4. On October 26, 2009, a patent application was filed with the U.S. Patent andTrademark Office to protect the invention of Matthew Jay entitled "MEDIA DISPLAY

4

8/2/2019 v. Ripple Resort Media et. al.

5/9

SYSTEM FOR SKI-LIFT CHAIR"; the patent application was assigned Patent ApplicationSerial No. 12/606,087 ("the '087 Patent Application"). The ownership rights to the inventiondisclosed and claimed in the '087 application were assigned by Mr. Jay to Ripple in anassignment recorded with the U.S. Patent and Trademark O ffice.

1 5. The '087 Patent Application was duly published by the U.S. Patent and TrademarkOffice on February 18, 201 0, as Publication No. US 2010-00375 00-A1.

1 6. On January 17, 2012, United States Patent No. 8,096,067 B2 ("`067 Patent")entitled "MEDIA DISPLAY SYSTEM FOR SKI-LIFT CHAIR" issued to Ripple. A copy of the`067 Patent is attached as Exhibit 1 and incorporated herein by this reference. The '067 Patentclaims pirority through other patents ow ned by R ipple which were issued several years earlier.

CLAIM FOR RELIEF(Patent Infringemen t All Defendants)1 7. Plaintiff incorporate and restate the foregoing allegations of paragraphs 1 through

1 6 as though fully set forth herein.1 8. Defendants Brand Connections, Keeplan and Perpetual Products are infringing the

`067 Patent, including at least independent claims 1, 5, 6, 12, 18, 21, 23, 26, and 27, in violationof 35 U.S.C. 271(a) by making, importing, using, offeirng to sell and/or selling infringingproducts within the U nited States.

1 9. Specifically, Defendants Brand Connections, Keeplan and Perpetual Productsmake, import, offer to sell and or sell media display systems suitable for use on ski-lift chairsincluding without limitation their Chair M ap product, such as the exam ple depicted below:

5

8/2/2019 v. Ripple Resort Media et. al.

6/9

"tfe"ii

20. Defendants Canyons and JHMR are infirnging the '067 Patent, including at leastindependent claims 1, 5, 6, 12, 18, 21, 23, 26, and 27, in violation of 35 U.S.C. 271(a) bymaking, importing, using, offering to sell and/or selling infirnging products within the UnitedStates.

21. Specifically, Defendant Canyons uses a module device carrying print mediaadvertisements on its ski lifts which infirnges the '067 Patent, which is depicted below:

6

8/2/2019 v. Ripple Resort Media et. al.

7/9

t

1 1 ! ! ! ! !

a

/ ^

1p ^ ^ ^ 1

22. Likewise, Defendant JHMR uses a module device carrying pirnt mediaadvertisements on its ski lifts which infringes the '067 Patent, which is depicted below:

.

7

8/2/2019 v. Ripple Resort Media et. al.

8/9

23. Defendants' infringement of the '067 Patent will cause great damage to Ripple.The amount of these damages is not yet calculated, but Ripple will incur lost profits and loss ofroyalties as a direct result of the infirngement and is thereby entitled to an award of damagesadequate to compensate it for the infirngement in an amount that is in no event less than areasonable royalty pursuant to 35 U.S.C. 284. Ripple is also entitled to recover prejudgmentinterest, post-judgment interest, costs, and enhanced damages u nder 35 U.S.C. 2 84.

24. As a result of Defendants' infirngement of the '067 Patent, Ripple will sufferirreparable harm and impairment of the value of its patent rights, will lose the goodwill of itscustomers, and is now suffering the violation of its patent rights, all of which will continue unlessDefendant is permanently enjoined by this Court from infirnging the '067 Patent under 35 U.S.C. 283.

WHEREFORE, Plaintiff prays for judgm ent against Defendants as follows:A. Finding that the '067 Patent has been infringed by Defendants, and each of them;B. Awarding Plaintiff a permanent final injunction against continuing infringement

by each of Defendants, and each of Defendants' respective parents, subsidiaries,divisions, officers, employees, successors, and assigns, enjoining them frommaking, using, selling, practicing, or offering to sell the invention of the '067Patent;

C. Awarding Ripple damages adequate to compensate Ripple for the infringementincluding its lost profits, royalties, attonreys' fees, costs, prejudgment interest,and post-judgmen t interest; and

D. Granting P laintiff all other legal and equitable reilef to which Plaintiff is entitled.

8

8/2/2019 v. Ripple Resort Media et. al.

9/9

DEMAND FOR JURY TRIAL

Pursuant to Fed. R. Civ. P. 38, Plaintiff Ripple Resort Media, Inc. demands a trial by juryon all issues so triable.

Date: March 9, 2012s/Michael G. Ma rtinMichael G. MartinAlexander C. ClaydenLATHROP & GAGE, LLP950 17 t h Street, Suite 2400Denver, Colorado 80202Telephone: (720) 931-3200(720) 931-3201acsimile:E-mail: mmartin@lathrooRaRe.comaclayden@lathrooRaRe.comAttorneys for Plaintiff Ripple Resort M edia,Inc.

ADDRESS OF R IPPLE RESORT MEDIA, INC.P.O. Box 123 33Aspen, Colorado 81612

91 8 1 9 7 2 2 0 v 4