This case was last updated from U.S. District Courts on 06/25/2021 at 16:42:15 (UTC).

Eleiko Group AB v. Kadlub et al

Case Summary

On May 20, 2021, Eleiko Group AB (“Eleiko'' or “Plaintiff”), represented by Brian K. Brookey of Tucker Ellis LLP and John D. Ostrander and William A. Drew of Elliott Ostrander Preston, PC, filed an intellectual property lawsuit against Rudy A. Kadlub and Chris D. Duffin, (individually and dba, Kabuki), Strength  Lab and Elite Strength Equipment, LLC (collectively, “Defendants”), seeking injunctive relief, damages with prejudgment and postjudgment interests among other reliefs, for the alleged unlawful infringement of patented technology relating to “Open Barbell with Stand” owned by Plaintiff. This case was filed in U.S. District Court in the District of Oregon with Judge Stacie F. Beckerman presiding.

The Plaintiff filed this complaint for the alleged infringement of U.S. Patent No. 10,881,893, titled "Open Barbell With Stand" (the “’893 Patent”), which is owned by them.

In its complaint, Plaintiff alleged that “It did not take Defendants long to knock off the Oppen Deadlift Bar. Shortly after Eleiko launched its product, Defendants began advertising, and currently sell, what they call the "Trap Bar HD." This product, Defendants' own version of an open deadlift bar, appears to be intentionally modeled on the Eleiko product.”

Plaintiff further alleged that “Defendants have been on actual notice of Eleiko' s provisional patent rights since at least October 16, 2019, and of its infringement of the issued '893 Patent since at least February 12, 2021. Despite their knowledge of Eleiko' s patent rights, Defendants continue to make, use, sell, offer for sale, and/or import into the United States at least one product that infringes at least one claim of the '893 Patent.”

Plaintiff also alleged that “Defendants have directly infringed, and continue to infringe, at least Claims 1 and 16 of the '893 Patent by making, using, selling, offering for sale, and/or importing into the United States at least one product that practices the invention claimed by the '893 Patent.”

The only claim for relief laid down by the Plaintiff is for the alleged  infringement of the ΚΌ893 Patent, where it has been alleged that Defendants were repeatedly put on notice of their infringement, yet they refused to cease and desist. The Plaintiff also alleged that Defendants infringement was and is willful.

In its prayer for relief, the Plaintiff has requested the Court to declare that the Defendant has infringed the patent in suit and to award damages as claimed; enact a preliminary and permanent injunction against Defendants prohibiting further infringement of any claim of the ‘893 Patent; require them to destroy all inventory of infringing products and all molds used in their manufacture; and grant treble damages for the willful infringement, along with prejudgment and post judgment interests including attorneys’ fees and enhanced damages as appropriate against Defendant as provided by 35 U.S.C. § 285 and other costs of litigation.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00775

  • Filing Date:

    05/20/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Stacie F. Beckerman

 

Party Details

Plaintiff

Eleiko Group AB

Defendants

Chris D Duffin

Rudy A Kadlub

Kabuki Strength Lab

Elite Strength Equipment LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Brian K. Brookey

John D. Ostrander

William A. Drew

 

Court Documents

#1

1 #1

Exhibit

1 #2

Exhibit

1 #3

Civil Cover Sheet

1 #4

Proposed Summons

#2

#3

#4

4 #1

Attachment

#5

#6

#8

 

Docket Entries

  • 05/25/2021
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  • Docket(#8) Patent Report: This report is submitted pursuant to 35 U.S.C. section 290, which requires the clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Commissioner, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. If any other patent is subsequently included in the action he shall give like notice thereof. Within one month after the decision is rendered or a judgment issued the clerk of the court shall give notice thereof to the Director. The Director shall, on receipt of such notices, enter the same in the file of such patent. (sb) (Entered: 05/25/2021)

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  • 05/21/2021
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  • Docket(#7) ORDER: Granting Motion for Leave to Appear Pro Hac Vice (ECF No. #4 ) for Brian K. Brookey. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 05/21/2021)

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  • 05/21/2021
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  • Docket(#6) Summons Issued Electronically as to Chris D Duffin, Elite Strength Equipment LLC, Kabuki Strength Lab, Rudy A Kadlub. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sb) (Entered: 05/21/2021)

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  • 05/21/2021
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  • Docket(#5) Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/20/2021. Joint Alternate Dispute Resolution Report is due by 10/18/2021. Pretrial Order is due by 10/18/2021. Ordered by Magistrate Judge Stacie F. Beckerman. (sb) (Entered: 05/21/2021)

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  • 05/21/2021
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  • DocketClerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brian K. Brookey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8090552 #4 : Reviewed and Ready for Ruling. (ecp) (Entered: 05/21/2021)

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  • 05/20/2021
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  • Docket(#4) Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brian K. Brookey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8090552. Filed by Eleiko Group AB. (Attachments: #1 Attachment) (Brookey, Brian) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#3) Corporate Disclosure Statement . Filed by Eleiko Group AB. (Ostrander, John) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#2) Report on Filing of an Action of a Patent or Trademark. Filed by Eleiko Group AB. (Ostrander, John) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#1) Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8089865 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Included patents/trademarks: US 10,881,893 B2--1/5/2021--Eleiko Group AB. Filed by Eleiko Group AB against All Defendants (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet, #4 Proposed Summons). (Ostrander, John) (Entered: 05/20/2021)

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