Calculate lost profit damagesand royaltiesin the Cat Toy Case assuming that the only other company selling infringing cat toys is SportPet.

Give some background on how you proceeded to turn those assumed lost sales into actual lost profits (paragraph or two)

(Calculations have already been started on the attached excel spreadsheet on the calculations tab.They need to be fixed as they are incorrect. The suggestions are highlighted in yellow)

1 2 3 4 5 Richard A. Clegg (SBN 211213) LAW OFFICE OF RICHARD CLEGG 501 West Broadway, Suite 800 San Diego, California 92101 Telephone: (619) 400-4920 Facsimile: (619) 400-4929 rick@rclegglaw.com 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 PAUL COMERFORD, 12 Plaintiff, 13 COMPLAINT v. 14 15 '11CV0014 JAH JMA CIVIL ACTION NO. __________________ SPORTPET DESIGNS, INC. AND JURY DEMAND 16 Defendant. 17 18 19 20 21 Plaintiff Paul Comerford ("Comerford") alleges as follows for his complaint against defendant SportPet Designs, Inc. ("SportPet"). PARTIES 22 23 1. Comerford is an individual who resides in Murrietta, California. 24 2. Comerford is informed and believes, and on that basis alleges, that SportPet 25 is a corporation organized and existing under the laws of the State of Wisconsin, with a 26 principal place of business at 1801 Airport Road, Suite A, Waukesha, Wisconsin. 27 28 1 COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND 1 2 3 4 5 6 7 8 9 10 11 12 13 14 JURISDICTION AND VENUE 3. This is an action for patent infringement, arising under the patent laws of the United States, including 35 U.S.C. 271 et seq. This court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). 4. SportPet is subject to personal jurisdiction in this judicial district on the basis that (a) SportPet has regularly promoted and offered products for sale to customers within this judicial district, including through interactive websites that allow customers to order SportPet products via the Internet from within this judicial district; (b) plaintiff is informed and believes, and on that basis alleges, that SportPet has actually sold or shipped products, including the products that are accused of infringement in this action, to customers within this judicial district; and (c) SportPet has placed its products, including the products that are accused of infringement in this action, into the stream of 15 commerce, through established channels of distribution, knowing or reasonably expecting 16 that the products would be (and were, in fact) transported into this judicial district and 17 sold to customers within this judicial district. 18 19 5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c) and pursuant to 28 U.S.C. 1400. 20 FIRST CAUSE OF ACTION 21 INFRINGEMENT OF U.S. PATENT NO. 7,823,541 22 6. On November 2, 2010, the United States Patent and Trademark Office duly 23 and legally issued United States Patent No. 7,823,541 ("the '541 Patent"), entitled "Cat 24 Toy," to Comerford. Since that date, Comerford has been and still is the owner of the 25 '541 Patent. A true and correct copy of the '541 Patent is attached as Exhibit A to this 26 Complaint. 27 28 7. SportPet has infringed the '541 Patent by, inter alia, using, selling and offering to sell products that are encompassed by one or more claims of the '541 Patent, 2 COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND 1 2 3 4 within the United States, during the term of the "541 Patent, without Comerford's authorization. The infringing products include SportPet's electronic cat toy products sold under the names "CATCH ME IF YOU CAN" and "POUNCING PAWS". 8. Comerford has suffered monetary damages as a result of SportPet's acts of 5 infringement. 6 9. Comerford has suffered irreparable harm as a result of SportPet's acts of 7 infringement and will continue to suffer irreparable harm unless and until SportPet is 8 9 enjoined from committing further acts of infringement. REQUEST FOR RELIEF 10 11 12 13 14 15 WHEREFORE, Plaintiff Comerford prays for the following relief: 1. A fmal injunction against continued infringements by SportPet; 2. Judgment that SportPet has infringed the '541 Patent, with an award of damages adequate to compensate Comerford for SportPet's infringement, along with prejudgment interest; 16 2. An assessment of Comerford's costs of suit against SportPet; and 17 4. Such other and further relief as the Court deems proper. 18 DEMAND FOR JURY 19 20 Plaintiff demands a trial by jury as to all issues that are so triable. 21 Respectfully submitted, 22 23 24 25 26 Dated: January 5, 2010 Richard A. Clegg Counsel for Plaintiff, Pau 27 28 3 COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND ' ' ' ' ' ' ' ' !"#$%$&'(&)(*)+,-.$/&( ' ' ' 01( !234546(7.7(891'1(,:6;?@AB?CD0E(F((,:G;H(.0I.@( !"#$%$&'($)&'&*'' +*,-(.$/&'0*1'-.&!/&'$/01$/2!,!/&' Illm~IIIIIII~:11111111111 US007823541 B2 United States Patent (10) Comerford (12) (45) (54) CATTOY (76) Inventor: Paul Comerford, 38073 Augu$ta Dr., Murrieta. CA (US) 9256., Subject to any Qisclaimer, the term of this pate)lt is extended or adjusted under 35 U.S.C. lS4(b) by 330 days. ( .) Notice: (21) Appl. No.: 12/129,974 (22) Filed: May 30, 2008 Prior Public..tion Data (65) Sep. 23, 2010 US 2010/0236496A1 Patent No.: US 7,823,541 B2 Date of Patent: Nov. 2, 201 j) 3,272,507 3,665,892 3,716;029 3,999,751 4,422,257 4,S17,922 4,940,018 5.579,725 5,634,435 S,8()6,465 5,875,736 6,345,593 6.684.8.19 6,939.195 2002l0lJ94748 2002/0174839 A A A A A A A A A ' A A" Bl" Bl" Bl" AI" AI" 9/1966 Grau 5/1972 Ku,isto 211973 Pillsbury. Jr. 1211976 Scardino 1211983 McCrory 511985 7/1990 1211996 6/1997 9/1998 3/1999 212002 212()04 9f2QI)S 1/2002 11/2002 Lind Edling BOshears ........,........... 1191706 Udellutal................. 1191706 Baiera at at. ................ 1191707 Uddledal ................. 1191706 Stewart et aI. .. ............ J191706 LockD......................... 119n07 Hunt et aI................... 446r.!9S Baik .......................... 4461227 Hortlatll ...................... 1191701 cited by examiner Related U.s. ApplltatlOil Data (60) Provisional application No . 60/932,503, filed on Jun. 1,2007. Primary Examiner-'Jimothy D Collins AS$i.sItitd Examiner-Monica Williams (74) Attorney, Agent. or Finn-QuickPatents. Inc.; Kevin Prinl:e . (51) IDt.CI. AOTK 29100 (2006.01) (57) (52) U.s. CL ............. _....................................... 119n07 (58) Field of Cla..ifu:atJon Sean:h .... ............. 11 91702. 119n07, 708, 709; 446/227,236,242 See application file for complete search,history. Rererene~ Clted (56) U;S. PATENT DOCUMENTS 2,307,905 A 2..567,600 A 2,673,087 A 2,750,189' A 2,8330244 .A 3,097.()i!6 A 3,112,109 A A cat toy for resting ona flat surface is disclosed. The c.at toy includes a cin:ular shaped housing that contains a motor connected to a power source. A resilient mOuse wand is secured at one end thereof with a motor shaft through a gea:ringarrangement, thrust bearing arrangement, or the like. The mouse wand includes a ball and a tail section at a distal end. A flex.ible IiQ~r partially covers the mOURe waDd such thatthecatcanseetheballmovillgundertheeov~andthetail 1/1943 AnleIIt 9/1951 ABSTRACT gection protrudiQ.g from the edge .of the cover. A control circujt is electronically coDIlflCted between the motor and the power solUte that causes the motor to change4irections and operate at different speeds and erraticlty. ('1\\Issa 311954 Bacon 6/1956 Huth 5/1958 BohIn)aD 7/1963 FdteIJ 11/1963 Y0t1118 9 ('1atms, 4 Drawing Sheets 10~ A-I u.s. Patent Nov. 2, 2010 US 7,823,541 B2 Sheet 1 of4 10~ 120 FIG. 1 u.s. Patent Nov. 2,2010 US 7,823,541 B2 Sheet2.of4 -L L u.s. Patent Nov. 2,2010 US 7,823,541 B2 Sheet 3 of4 FIG. 3 55 FIG. 4 u.s. Patent Nov. 2,2010 Sbeet4of4 FIG. 5 .4 -.1 US 7,823,541 B2 us 7,823~541 B2 1 2 CAT TOY Other ~uch priQr art device~ are adapted to be secured to the Q tops of doors . r doorways using snap-on clips. Necessarily, the devices mounted On the tops of doors employ relatively long strings to dangle 1he objects so that they can be reached bycats on the gtoWld. It is known to use elastic $trings forthe devices mounted to the tops of doorway,. so as to increase the dynamic action of the dangled object. However it is not always desirable. to mount these typ~ of pet toys only on doors. Gooerally, doors are located only Where entry to or exit from a residence, room, closet, or the like, is required. Pet owners may find ii annoying to have to negQtiate around dangling strings and objects each time they use doors to which such devices are attached. Additionally, pet ownet:S may simply want to install such devices at places other than where doors are located. For example, an owner may enjoy watching his or her pet playwithsucll 8. toy, and a d09r may not he located ataplace that is convenient or comfortable fur the owner to do so. One simple cat toy utilizes a single linear spring wire having cat auractive bait fastened to one end thereof while the opposite end is hand held by 8 person and manipulated in a manner to tempt the cat to play with the toy bait. A device of this genel",tl nature is the subject matter of a U,s. Pat. No. D295,79.8, issued to BOelke on May 17, 1988: While such band held toys of that or similar nature are known and have prove:n fairly successful in attracting 'El;.Kilidl'o R.11S;-&i&100G$wz%,,\\"'ti4'W%'f.'t "f1'4FOR'FEl lFtJREtP'ENACLTh:" ;g';.1i';.*!BAiNNRI!Jl'TCY'5 '''-1,% ~&1i/c' 'i(}XHERiSTA:rt:rFES.;. ; <:. o insurance marine miller act negotiable instrument recovery of overpayment medicare defaulted student loans veterans veteran benefits stockholders suits other contract product liability franchise agriculture appeal usc food drug withdrawal related seizure property liquor laws iwiiy :. r.r. truck copyrights airline regs. patent occupational trademark safetylhealth ihi. fair labor standards hia black lung laborlmgmt. relations diwcidiww laborlmgmt.reporting ssid title xvi disclosure rsi t j q railway land condemnation voting motions to vacate litigation taxes plaintiff foreclosure employment sentence empl. ret. inc. or defendant rent lease ejectment housing habeas corpus: security irs-third party torts accommodations general . gration tort welfare death penalty all real amer. wldisabilities mandamus naturalization application civil rights corpus prison condition alien detainee immigration actions v. origin original proceeding personal injury airplane assault libel slander federal employers motor vehicle an in one box only removed from state court med. malpractice asbestos truth lending damage reapportionment antitrust banks and banking commerce deportation racketeer influenced comlpt organizations consumer credit cable tv selective service securities exchange customer challenge statutory agricultural acts economic stabilization environmental matters energy allocation freedom information fee determinatio under equal access justice constitutionality statutes transferred multidistrict another distnct s eci tf.g:c which you are filing not cite jurisdictional unless diversity remanded appellate reinstated reopened vi. cause action district judge magistrate jud ment ariefde cause: infringement no. vii. requested complaint: viii. case if any check this is a class f .r.c.p. instructions yes demanded demand be proved at trial docket number date jury demand: signature attorney january richard a. clegg for office use receipt amount applying ifp mag. lost profit royalty calculations undercover mouse revenues sportpet total market share sports pet units sold ideal ucm actual sales incremental cogs profits portion infringing comments no particular order the percent marketshare. need calculate as revenue sales. figure out what occurred november december those well. shares calculated correctly but calculation doesn work. remove then would have made. can think about relative strength walmart target geographic split notice that each geography don add more difficult aspects evidence indicates had been made they were selling through different channels strengths. thus going some way allocate between but-for world companies. income statement wholesale direct repair freight manufacture err:522 gross margin sg advertising bank dues equipment rental supplies outside svcs postage r ship materials shop small tools tax telephone travel entertainment utilities vehicles owner salary ebitda interest rate term depreciation taxes1 net discount breakdown pacific mountain central east balance sheet cash short checking petty schwab current finished goods raw wip undeposited funds assets fixed cost accum. depr. warehouse goodwill liabilities equity cards payroll fed. withholding ss employee employer ett payable debt cmiyc products commission personnel comerford work fiction intended teaching purposes. there confidential case. i pulled both complaint life generated financial data using random generator excel remaining facts purely resemblance accidental. invention paul was exercising his cat with laser pointer he started thinking how might just amused by automated exercise toy. after online see toys available purchased few. however uniformly disappointed toys. interesting too fragile survived period time it because simply got bored ignored activity could count on entertain endlessly moving something blanket. worked engineer raytheon so quite comfortable building things. went down basement few weeks playing motors controllers developed prototype toy called mouse. wood metal gears controller online. worked. very well fact. start up play hours. mind grappling possibilities. pretty sure owners find compelling sell right price. getting price low enough meant partner most likely overseas require him pay design development tooling. experience business know successfully soon imitation market. deeply concerned spend hundreds thousands dollars marketing costs copied others. looking spending half day us website patents didn anything like led patentable. contacted who recommended friend his. several discussion told reasonably idea months working filed may beginning process. douglas g. kidder typically takes three years uspto grant process involves great deal revision claims patent. nothing do moment except go back respond questions when came up. while began locating companies capable manufacturing promising company found chy manufacturer co. ltd. shenzhen china. specialized helping inventors get their ideas tooling distribution front initial delivered california minimum annual commitment july signed five year first shipment expected promote them tv. decided directly consumers instead retailers. bet keep himself directly. now busy. develop logo campaign center. next busy nervewracking kept full depleting savings taking loan bank. lot debt. arrived six later than promised needed finish promotional spots. march aired commercial animal planet channel. phone ringing. compelling. showed fascinated sat background. hearing stories people watching cats sit stare commercial. pets fascinated. targeted discounts various credits achieved somewhat less that. particularly advertise special customers said name hometown off. enable where located felt deal. success quit engineering job turned exciting him. seemed though eating breathing sleeping money held until paid managed mortgage. ten during posted thousand. almost tripled positive flow. ads also brought inquiries store carrying negotiated deals stores packages reduced called. buyers bought loved it. wanted prepared supply target. took deep breath was. call factory china many lead time. course substantially existing much potential pass last alone. too. paul. competition competitor. wisconsin looked remarkably me can. same rotating wand cloth cover. intents purposes retail before promotions. founded originally foldable cathouses model similar manufactured mostly handled commissioned salespeople visited throughout country. did major account walmart. introduced catchmeifyoucan already profitable established company. around cmiyc. hit. over thousand grow rapidly. done. advised issued legal prevent its products. wait granted make move. lawsuit finally fees issued. u.s. framed hung wall. asked contact sportpet. hoping agree stop version aware cases gave ability product. hopeful resolution whereby compensate innovation. target: be. interested buying unwilling negotiate license claimed independently believe valid. forth file suit against has your help estimating damages topics consider: types unjust enrichment reasonable does affect lied actually offer>