ARIZONA Case Summary

Attorneys for Plaintiff

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE INDIGENOUS NATION OF THREE RIVERS NARROWS

O-PE-NIG, a single individual; ) ) Plaintiff, ) CIVIL NO. 2012-CV-162 KIJ HP ) vs. ) COMPLAINT FOR DAMAGES, ) JURY TRIAL DEMANDED
TAG ENTERPRISE, a Delaware ) UNDER FRCP RULE 38(b).
Corporation; EUSKADI, INC., a )
Washington Corporation; EUSKATEL, )
Section 2978(a)(3)(ii) provides, in pertinent part, that:
The Consumer Product Safety Agency (hereinafter “CPSA”) shall have authority to issue product safety licenses. CPSA shall issue no safety license for any product required to be licensed under the provisions of §2978(a)(1) unless first presented with proof of issuance of a patent by the United States Patent Office when patented technology relates to consumer safety. Issuance of license is prima facie evidence of product’s safety.

61. Accordingly, Defendants were only allowed to manufacture the Contador’s micro-carbon frame, electronic power shifters, and aerodynamic suspension system after the CPSA has granted a product safety license, because the patented technology relates to consumer safety. A safety license was never granted by the CPSA. 62. Defendants owed a duty of care to Plaintiff under the Consumer Product Safety Act, 28 U.S.C. Section 2978, because the statute protects consumers who use a product that has been placed into the stream of