Select Retrieval v. American Apparel et. al.

8/4/2019 Select Retrieval v. American Apparel et. al.

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COMPLAINT AND DEMAND FOR JURY TRIAL

JAMES V. FAZIO, III (CSB# 183353)TREVOR Q. CODDINGTON, PH.D. (CSB# 243042)SAN DIEGO IP LAW GROUP LLP12526 High Bluff Drive, Suite 300San Diego, CA 92130Telephone: (858) 792-3446Facsimile: (858) 792-3447 [email protected] [email protected]

Attorneys for Plaintiff SELECT RETRIEVAL, LLC

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

SELECT RETRIEVAL, LLC,

Plaintiff,

vs.

AMERICAN APPAREL, LLC; ART.COM,INC.; AUTOZONE INC.; BBCKENTERPRISES, INC.; BBJ SOLDCO LLC;BEACH AUDIO, INC.; BEAUTYENCOUNTER, INC.; BLUE RIBBONMOTORING, LLC; BOOT BARN, INC.;

BUILD.COM, INC.; BUY.COM INC.; COSTPLUS, INC.; COSTUME CRAZE, LLC;DRILL SPOT, LLC; EBAY INC.;EVERYTHING FURNITURE INC.; FCORGANIZATIONAL PRODUCTS, LLCd/b/a FRANKLINCOVEY CO.;FREDERICKS OF HOLLYWOODSTORES, INC.; GUESS ?, INC.;HAUTELOOK, INC.; PACIFIC SUNWEAROF CALIFORNIA INC.; PATAGONIA,INC.; PETCO ANIMAL SUPPLIES INC.;ROAD RUNNER SPORTS INC.; SHEETMUSIC PLUS, LLC; SHUTTERFLY, INC.;

SKECHERS U.S.A., INC.; SONICELECTRONIX, INC.; THE GAP, INC.;TINY PRINTS, INC.; TOOL KING LLC;U.S. AUTO PARTS NETWORK, INC. d/b/aUSAPN, INC.; WEST MARINEPRODUCTS, INC.; WINE.COM, INC.,

Defendants.

CASE NO. _______________________

COMPLAINT FOR INFRINGEMENTOF U.S. PATENT NO. 6,128,617

DEMAND FOR JURY TRIAL

'11CV2158 WMCLAB



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Plaintiff Select Retrieval, LLC (“Select Retrieval” or “Plaintiff”), by way of Complaint

against defendants American Apparel, LLC; Art.com, Inc.; AutoZone, Inc.; BBCK Enterprises,

Inc.; BBJ Soldco LLC; Beach Audio, Inc.; Beauty Encounter, Inc.; Blue Ribbon Motoring, LLC;

Boot Barn, Inc.; Build.com, Inc.; Buy.com, Inc.; Cost Plus, Inc.; Costume Craze, LLC; Drill Spot

LLC; eBay Inc.; Everything Furniture Inc.; FC Organizational Products, LLC d/b/a

FranklinCovey Co.; Fredericks of Hollywood Stores, Inc.; Guess ?, Inc.; HauteLook, Inc.; Pacific

Sunwear of California Inc.; Patagonia, Inc.; PETCO Animal Supplies Inc.; Road Runner Sports

Inc.; Sheet Music Plus, LLC; Shutterfly, Inc.; Skechers U.S.A., Inc.; Sonic Electronix, Inc.; The

Gap, Inc.; Tiny Prints, Inc.; Tool King LLC; U.S. Auto Parts Network, Inc. d/b/a USAPN, Inc.;

West Marine Products, Inc.; and Wine.com, Inc., (collectively “defendants”), hereby alleges as

follows:

NATURE OF THE ACTION

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

United States, Title 35 of the United States Code.

THE PARTIES

2. Plaintiff Select Retrieval is a limited liability company organized under the laws o

Texas with its principal place of business at 777 Enterprise Drive, Hewitt, Texas 76643.

3. Defendant American Apparel, LLC is a limited liability company organized under

the laws of Delaware with its principal place of business at 747 Warehouse Street, Los Angeles,

CA 90021 and a registered agent for service of process at Joyce E. Crucillo, 747 Warehouse

Street, Los Angeles, CA 90021.

4. Defendant Art.com, Inc. is a corporation organized under the laws of Delaware

with its principal place of business at 2100 Powell Street, 13th Floor, Emeryville, CA 94608 and

a registered agent for service of process at Kevin Andrew Lucas, 2100 Powell Street, 13th Floor,

Emeryville, CA 94608.

5. Defendant AutoZone, Inc. is a corporation organized under the laws of Nevada

with its principal place of business at 123 South Front Street, Memphis, TN and a registered agen

for service of process at CT Corporation System, 818 West 7th Street, Los Angeles, CA 90017-



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3407.

6. Defendant BBCK Enterprises, Inc. is a corporation organized under the laws of

California with its principal place of business at 3005 El Camino Real, Redwood City, CA 94601

and a registered agent for service of process at Todd Zucker, 3005 El Camino Real, Redwood

City, CA 94061.

7. Defendant BBJ Soldco LLC is a limited liability company organized under the

laws of California with its principal place of business at 7304 Edgewater Drive, Suite D, Oakland

CA 94621 and a registered agent for service of process at Michael Stajer, 7304 Edgewater Drive,

Suite D, Oakland, CA 94621.

8. Defendant Beach Audio, Inc. is a corporation organized under the laws of

California with its principal place of business at 1601 N. Sepulveda Blvd., Suite 712, Manhattan

Beach, CA 90266 and a registered agent for service of process at David Schloss, 1200 Aviation

Blvd., Suite 100, Redondo Beach, CA 90278-4059.

9. Defendant Beauty Encounter, Inc. is a corporation organized under the laws of

California with its principal place of business at 18480 Pacific Street, Fountain Valley, CA 92708

and a registered agent for service of process at Josie De La Cruz, 9070 Irvine Center Drive, Unit

145, Irvine, CA 92618-4690.

10. Defendant Blue Ribbon Motoring, LLC is a limited liability company organized

under the laws of California with its principal place of business at 9210 Sky Park Court, Suite

100, San Diego, CA 92123 and a registered agent for service of process at Selwyn Klein, 9210

Sky Park Court, Suite 100, San Diego, CA 92123-4478.

11. Defendant Boot Barn, Inc. is a corporation organized under the laws of Delaware

with its principal place of business at 15776 Laguna Canyon Road, Irvine, CA 92618 and a

registered agent for service of process at Corporation Service Company, 2730 Gateway Oaks

Drive, Suite 100, Sacramento, CA 95833-3503.

12. Defendant Build.com, Inc. is a corporation organized under the laws of California

with its principal place of business at 282 Convair, Chico, CA 95973 and a registered agent for

service of process at CSC-Lawyers Incorporating, 2730 Gateway Oaks Drive, Suite 100,



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Sacramento, CA 95833-3503.

13. Defendant Buy.com, Inc. is a corporation organized under the laws of Delaware

with its principal place of business at 85 Enterprise, Suite 100, Aliso Viejo, CA 92356 and a

registered agent for service of process at Grover Neel, 85 Enterprise, Suite 100, Aliso Viejo, CA

92356.

14. Defendant Cost Plus, Inc. is a corporation organized under the laws of California

with its principal place of business at 200 4th Street, Oakland, CA 94607 and a registered agent

for service of process at CT Corporation System, 818 West 7th Street, Los Angeles, CA 90017-

3407.

15. Defendant Costume Craze, LLC is a limited liability company organized under the

laws of Utah with its principal place of business at 350 W. Center Street, Pleasant Grove, UT

84062 and it may be served with process at that address.

16. Defendant Drill Spot, LLC is a limited liability company organized under the laws

of Colorado with its principal place of business at 5603 Arapahoe Avenue, Unit 6, Boulder, CO

80303 and it may be served with process at that address.

17. Defendant eBay Inc. is a corporation organized under the laws of Delaware with

its principal place of business at 2145 Hamilton Avenue, San Jose, CA 95125-5905 and a

registered agent for service of process at National Registered Agents, Inc., 2875 Michelle, Suite

100, Irvine, CA 92606-1024.

18. Defendant Everything Furniture, Inc. is a corporation organized under the laws of

California with its principal place of business at 4130 Flat Rock Drive, Suite 110, Riverside, CA

92882 and a registered agent for service of process at Ian Scott Perry, 4150 Robby Circle,

Corona, CA 92881-4752.

19. Defendant FC Organizational Products, LLC d/b/a FranklinCovey Co. is a limited

liability company organized under the laws of Utah with its principal place of business at 2250

W. Parkway Blvd., Salt Lake City, UT 84119 and a registered agent for service of process at

CSC-Lawyers Incorporating Service Company, 2730 Gateway Oaks Drive, Suite 100,

Sacramento, CA 95833-3503.



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20. Defendant Fredericks of Hollywood Stores, Inc. is a corporation organized under

the laws of Nevada with its principal place of business at 6255 W. Sunset Blvd., 6th Floor, Los

Angeles, CA 90028 and a registered agent for service of process at CSC-Lawyers Incorporating

Service Company, 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833-3503.

21. Defendant Guess ?, Inc. is a corporation organized under the laws of Delaware

with its principal place of business at 1444 S. Alameda Street, Los Angeles, CA 90021 and a

registered agent for service of process at CSC-Lawyers Incorporating, 2730 Gateway Oaks Drive

Suite 100, Sacramento, CA 95833-3503.

22. Defendant HauteLook, Inc. is a corporation organized under the laws of Delaware

with its principal place of business at 1212 South Flower Street, Suite 300, Los Angeles, CA

90015 and a registered agent for service of process at Incorporating Services, Ltd., 720 14th

Street, Sacramento, CA 95814-1905.

23. Defendant Pacific Sunwear of California Inc. is a corporation organized under the

laws of California with its principal place of business at 3450 E. Miraloma Avenue, Anaheim, CA

92806 and a registered agent for service of process at Craig E. Gosselin, 3450 E. Miraloma

Avenue, Anaheim, CA 92806-2101.

24. Defendant Patagonia, Inc. is a corporation organized under the laws of California

with its principal place of business at 259 W. Santa Clara Street, Ventura, CA 93001 and a

registered agent for service of process at Pedro J. Lopez-Baldrich, 259 West Santa Clara Street,

Ventura, CA 93001-2545.

25. Defendant PETCO Animal Supplies, Inc. is a corporation organized under the law

of Delaware with its principal place of business at 9125 Rehco Road, San Diego, CA 92121 and a

registered agent for service of process at CSC-Lawyers Incorporating, 2730 Gateway Oaks Drive

Suite 100, Sacramento, CA 95833-3503.

26. Defendant Road Runner Sports, Inc. is a corporation organized under the laws of

Delaware with its principal place of business at 5549 Copley Drive, San Diego, CA 92111 and a

registered agent for service of process at Michael Gotfredson, 5549 Copley Drive, San Diego, CA

92111.



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27. Defendant Sheet Music Plus, LLC is a limited liability company organized under

the laws of Delaware with its principal place of business at 1300 64th Street, Emeryville, CA

94608 and a registered agent for service of process at Keith Cerny, 1300 6th Street, Emeryville,

CA 94608.

28. Defendant Shutterfly, Inc. is a corporation organized under the laws of Delaware

with its principal place of business at 2800 Bridge Parkway, Redwood City, CA 94065 and a

registered agent for service of process at Douglas Appleton, 2800 Bridge Parkway, Redwood

City, CA 94065.

29. Defendant Skechers U.S.A., Inc. is a corporation organized under the laws of

Delaware with its principal place of business at 228 Manhattan Beach Blvd., Manhattan Beach,

CA 90266 and a registered agent for service of process at Philip Paccione, 228 Manhattan Beach

Blvd., Manhattan Beach, CA 90266.

30. Defendant Sonic Electronix, Inc. is a corporation organized under the laws of

California with its principal place of business at 28340 Avenue Crocker, Suite 202, Valencia, CA

91355 and a registered agent for service of process at Nathaniel Victor, 28340 Avenue Crocker,

Suite 202, Valencia, CA 91355.

31. Defendant The Gap, Inc. is a corporation organized under the laws of Delaware

with its principal place of business at 2 Folsom Street, San Francisco, CA 94105 and a registered

agent for service of process at CT Corporation System, 818 West 7th Street, Los Angeles, CA

90017.

32. Defendant Tiny Prints, Inc. is a corporation organized under the laws of Delaware

with its principal place of business at 884 Hermosa Court, Suite 100, Sunnyvale, CA 94085 and a

registered agent for service of process at Edward Han, 884 Hermosa Court, Suite 100, Sunnyvale

CA 94085.

33. Defendant Tool King LLC is a limited liability company organized under the laws

of Colorado with its principal place of business at 11111 West 6th Avenue, Unit D, Lakewood,

CO 80215 and it may be served with process at that address.

34. Defendant U.S. Auto Parts Network, Inc. d/b/a USAPN, Inc. is a corporation



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organized under the laws of Delaware with its principal place of business at 17150 S. Margay

Avenue, Carson, CA 90746 and a registered agent for service of process at Mike Yoshida, 17150

Margay Avenue, Carson, CA 90746-1224.

35. Defendant West Marine Products, Inc. is a corporation organized under the laws o

California with its principal place of business at 500 Westridge Drive, Watsonville, CA 95076

and a registered agent for service of process at CT Corporation System, 818 West 7th Street, Los

Angeles, CA 90017.

36. Defendant Wine.com, Inc. is a corporation organized under the laws of Delaware

with its principal place of business at 114 Sansome Street, 6th Floor, San Francisco, CA 94104

and a registered agent for service of process at CT Corporation System, 818 West 7th Street, Los

Angeles, CA 90017-3407.

JURISDICTION AND VENUE

37. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. This Court has jurisdiction over the subject

matter of this action under 28 U.S.C. §§ 1331 and 1338(a). Venue is proper in this judicial

district under 28 U.S.C. §§ 1391(b) and 1400(b).

38. Defendants directly or through intermediaries, make, use, distribute, offer for sale

or license, and advertise their products and services on the Internet using methods and

instrumentalities that infringe the patent-in-suit, as is alleged below. Defendants use, and/or

direct, induce or instruct their agents, employees, customers, or contracting entities to use such

infringing methods and instrumentalities, as is alleged below. On information and belief,

defendants conduct business in this Judicial District and have committed acts of patent

infringement in this Judicial District including, inter alia, importing, making, using, offering for

sale, and/or selling products and services on the Internet using infringing methods and

instrumentalities in this Judicial District. On information and belief, defendants have contributed

to infringement and/or have induced others to commit such acts of infringement in this Judicial

District.

39. On information and belief, defendants have ongoing and systematic contacts with



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this Judicial District and the United States. Defendants have purposefully placed and/or used

infringing methods and instrumentalities on the Internet to sell products and/or services, knowing

and expecting that such products and/or services would be used and/or sold on the Internet

through infringing methods and instrumentalities by customers in the State of California,

including in this Judicial District.

COUNT I – INFRINGEMENT OF U.S. PATENT NO. 6,128,617

40. Select Retrieval repeats and re-alleges the allegations of paragraphs 1 through 39

as if fully set forth herein.

41. On October 3, 2000, United States Patent No. 6,128,617 (hereinafter referred to as

the “‘617 Patent”), entitled DATA DISPLAY SOFTWARE WITH ACTIONS AND LINKS

INTEGRATED WITH INFORMATION, was duly and legally issued by the United States Patent

and Trademark Office. A true and correct copy of the ‘617 Patent is attached as Exhibit A to this

Complaint.

42. Select Retrieval is the assignee and owner of the right, title, and interest in and to

the ‘617 Patent, including the right to assert all causes of action arising under said patent and the

right to any remedies for infringement of it.

43. Without license or authorization, defendants are and have been directly and

indirectly infringing the ‘617 Patent, and contributing to and actively inducing the infringement

of said patent by others, in the United States by making, using, selling, offering for sale or

license, advertising and/or importing in the United States, including within this judicial district,

their products and services on the Internet using methods and instrumentalities that embody the

inventions claimed in the ‘617 Patent. Such acts constitute infringement under at least 35 U.S.C.

§§ 271(a), (b), and (c).

44. With the exceptions of Build.com, Inc.; Buy.com, Inc.; eBay Inc.; Shutterfly, Inc.;

The Gap, Inc.; and U.S. Auto Parts Network, Inc. d/b/a USAPN, Inc., defendants have had

knowledge of and/or been aware of the ‘617 Patent since at least August 29, 2011, when, in a

letter sent via first class mail, Select Retrieval informed American Apparel, LLC; Art.com, Inc.;

AutoZone, Inc.; Blue Ribbon Motoring, LLC; Fredericks of Hollywood Stores, Inc.; Guess ?,



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Inc.; HauteLook, Inc.; Pacific Sunwear of California Inc.; PETCO Animal Supplies Inc.; Road

Runner Sports Inc.; Sonic Electronix, Inc.; Tiny Prints, Inc.; West Marine Products, Inc.; and

Wine.com, Inc. of their infringement of the ‘617 Patent and requested that defendants license the

‘617 Patent to mitigate their continued infringement. Defendants BBCK Enterprises, Inc.; BBJ

Soldco LLC; Beach Audio, Inc.; Beauty Encounter, Inc.; Boot Barn, Inc.; Cost Plus, Inc.;

Costume Craze, LLC; Drill Spot, LLC; Everything Furniture Inc.; FC Organizational Products,

LLC d/b/a FranklinCovey Co.; Patagonia, Inc.; Sheet Music Plus, LLC; Skechers U.S.A., Inc.;

and Tool King LLC have had knowledge of and/or been aware of the ‘617 Patent since at least

August 19, 2011, when, in a letter sent via first class mail, Select Retrieval informed those

defendants of their infringement of the ‘617 Patent and requested that they license the ‘617 Patent

in order to mitigate their continued infringement.

45. On information and belief, defendants’ infringement of the ‘617 Patent has been

and continues to be willful and deliberate.

46. Select Retrieval has been damaged by defendants’ infringing activities.

PRAYER FOR RELIEF

WHEREFORE, Select Retrieval prays for judgment for itself and against Defendants as

follows:

A. An Order adjudging Defendants to have infringed the ‘617;

B. An Order adjudging Defendants to have willfully infringed the ‘617 patent;

C. An award of damages to be paid by defendants adequate to compensate Select

Retrieval for their past infringement of the '617 patent and any continuing or future infringement

through the date such judgment is entered, including interest, costs, expenses and enhanced

damages for any willful infringement as justified under 35 U.S.C. § 284 and, an accounting of all

infringing acts including, but not limited to, those acts not presented at trial;

D. A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of

Plaintiff's reasonable attorneys’ fees; and

E. Such other and further relief at law or equity as the Court may deem proper and

just.



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Dated: September 15, 2011 SAN DIEGO IP LAW GROUP LLP

By: s/Trevor Coddington

JAMES V. FAZIO, IIITREVOR Q. CODDINGTON

Attorneys for Plaintiff SELECT RETRIEVAL, LLC



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DEMAND FOR JURY TRIAL

Select Retrieval hereby demands a trial by jury on all issues so triable.

Dated: September 15, 2011 SAN DIEGO IP LAW GROUP LLP

By: s/Trevor CoddingtonJAMES V. FAZIO, III

TREVOR Q. CODDINGTON

Attorneys for Plaintiff SELECT RETRIEVAL



'11CV2158 WMCLAB

Select Retrieval v. American Apparel et. al.

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