Sundesa v. Ehplabs

8/12/2019 Sundesa v. Ehplabs

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JURISDICTION AND VENUE

3. This is a civil action for patent infringement arising under the patent laws of

the United States 35 U.S.C. 1 et seq., including 35 U.S.C. 271.

4. This Court has original jurisdiction over the subject matter of this actionunder at least 28 U.S.C. 1331 and 1338(a).

5. This Court has personal jurisdiction over EHP because EHP has purposely

availed itself of the privileges and benefits of the laws of the State of California.

6. EHP does, and has done, substantial business in this judicial District,

including: (i) regularly doing business or soliciting business by virtue of EHP's

nationwide sales and offers to sell through interactive and commercial website(s) which

direct(s) EHP's services and products to California residents; and (ii) engaging in other

persistent courses of conduct, and/or deriving substantial revenue from products and/or

services provided to persons in this District and State.

7. This Court's exercise of personal jurisdiction over EHP is consistent with

the Constitutions of the United States and the State of California.

8. Venue is proper in this judicial district under at least 28 U.S.C. 1391 and

1400.

FACTUAL BACKGROUND

9. Sundesa's technological innovations are protected by, inter alia, a portfolio

of utility and design patents, including United States Utility Patent No. 6,379,032 (the

"'032 Patent") and United States Design Patent No. D510,235 (the "'235 Design Patent")

(collectively the "Asserted Patents").

10. Sundesa has marked all products embodying the claims of the Asserted

Patents since introduction to the market.

11. Sundesa is an exclusive licensee of the Asserted Patents and has been

granted all rights thereunder, including the right and standing to enforce the Asserted

Patents.

COMPLAINT FOR PATENT INFRINGEMENT

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23. EHP has directly infringed and continues to directly infringe the '032 Patent

under 35 U.S.C. 271(a) by importing, selling, and offering for sale the Accused

Products within the United States.

24. EHP has had, and continues to have, the specific intent to induce itscustomers, or users of its products, to infringe the '032 Patent. For example, EHP

instructs its customers or users of the Accused Products to use them to mix ingredients

according to the claimed methods of the '032 Patent.

25. EHP's customers, or users of the Accused Products, do, in fact, infringe the

'032 Patent.

26. EHP has known, or should have known, that its customers, or users of its

products, infringe the '032 Patent.

27. The Accused Products are especially made to be used, and are in fact used,

by customers, or users, of the Accused Products, in a way that infringes the '032 Patent.

28. EHP has indirectly infringed and continues to indirectly infringe the

Asserted Patents under 35 U.S.C. 271(b) and (c) by actively inducing infringement of,

and contributorily infringing the '032 Patent.

29. Despite its knowledge of the '032 Patent, EHP has continued to infringe and

induce others to infringe the '032 Patent.

30. The conduct of EHP as set forth hereinabove gives rise to a cause of action

for infringement of the '032 Patent, pursuant to at least 35 U.S.C. 271 and 281.

31. EHP has manufactured, used, imported, sold, and offered for sale Accused

Products despite an objectively high likelihood that its actions constitute infringement of

the '032 Patent.32. EHP's manufacture, use, importation, sale, and offer for sale of Accused

Products has been both willful and deliberate.

33. EHP's acts of infringement have caused damage to Sundesa, and Sundesa is

entitled to recover the damages sustained as a result of EHP's wrongful acts in an amount

subject to proof at trial. EHP's infringement of Sundesa's rights under the '032 Patent

3COMPLAINT FOR PATENT INFRINGEMENT

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will continue to damage Sundesa's business causing irreparable harm for which there is

no adequate remedy at law, unless it is enjoined by this Court.

34. By reason of the foregoing, Sundesa is entitled to monetary relief and

injunctive relief against EHP, pursuant to 35 U.S.C. 283-85, as more fully set forthherein below.

SECOND CLAIM FOR RELIEF

(Infringement of the 235 Design Patent)

35. By this reference Sundesa realleges and incorporates the foregoing

paragraphs as though fully set forth herein.

36. EHP has infringed, and continues to infringe the '235 Design Patent by

offering to sell, selling, or importing the Accused Products in this District, and elsewhere

in the United States, the design of which is substantially the same as the ornamental

design of the '235 Design Patent.

37. EHP's actions constitute infringement of the '235 Design Patent in violation

of 35 U.S.C. 271.

38. Sundesa has sustained damages and will continue to sustain damages as a

result of EHP's aforementioned acts of infringement.

39. Sundesa is entitled to recover damages sustained as a result of EHP's

wrongful acts in an amount to be proven at trial.

40. EHP's infringement of Sundesa's rights under the '235 Design Patent will

continue to damage Sundesa's business, causing irreparable harm, for which there is no

adequate remedy at law, unless EHP is enjoined by this Court.

41.EHP has willfully infringed the '235 Design Patent, entitling Sundesa to

increased damages under 35 U.S.C. 284 and to attorneys' fees and costs incurred in

prosecuting this action under 35 U.S.C. 285.

42. Alternatively, Plaintiff is entitled to recover EHP's total profits from its sale

of the Accused Products under 35 U.S.C. 289.


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PRAYER FOR RELIEF

Sundesa prays for judgment as follows:

A. A judgment finding EHP liable for infringement of one or more of the

claims of the '032 Patent;B. A judgment finding EHP liable for infringement of the claims of the '235

Design Patent;

C. An order requiring EHP to make an accounting for all Accused Products it

made, used, sold, offered for sale, or imported in the United States;

D. Orders of this Court temporarily, preliminarily, and permanently enjoining

EHP, its agents, servants, and any and all parties acting in concert with any of them, from

directly or indirectly infringing in any manner any of the claims of the '032 Patent and

'235 Design Patent, pursuant to at least 35 U.S.C. 283;

E. An award of damages adequate to compensate Sundesa for EHP's

infringement of the '032 Patent, in an amount to be proven at trial;

F. An award of damages adequate to compensate Sundesa for EHP's

infringement of the '235 Design Patent, in an amount to be proven at trial, or in the

alternative, an award of EHP's total profits under 35 U.S.C. 289;

G. An award of treble Sundesa's damages, pursuant to at least 35 U.S.C. 284;

H. A declaration that this is an exceptional case and that Sundesa be awarded its

attorney fees and expenses, pursuant to at least 35 U.S.C. 285;

I. An award of Sundesa's costs in bringing this action, pursuant to all

applicable state statutory and common law, including at least 35 U.S.C. 284;

J. An award of Sundesa's attorney fees, pursuant to all applicable state

statutory and common law.

K. Prejudgment interest, pursuant to at least 35 U.S.C. 284;

L. Post-judgment interest, pursuant to at least 28 U.S.C. 1961(a); and

M. For such other and further relief as the Court deems just and equitable.


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DEMAND FOR JURY TRIAL

Sundesa demands trial by jury on all claims and issues so triable.

DATED: July 9, 2014 aylor J. WrightM A S C H O F F B R E N N A N

By:Taylor J. Wright

Attorney for PlaintiffSundesa, LLC


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CLERK OF COURT

Signa f. re of Clerk or Dep

L O M W A G E R S

AO 440 (Rev, 06/12) Sennans in a Civil Action

UNITED STATES DISTRICT COURTfor the

Central District of California

Sundesa, LLC, a Utah Limited Liability Company,

Mai/71 0N

v.

EHPLABS, LLC, a Delaware Limited LiabilityCompany,

Civil Action No.CV14-05327 JAK (Ex)

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) ou must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,whose name and address are: Taylor J. Wright

Maschoff Brennan20 Pacifica, Suite 1130Irvine, California 92618(949) 202-1900

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

Date: 1-0H


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AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1))

This summons for (name of individual and title, if any)

was received by me on (date)

O I personally served the summons on the individual at (place)

on (date)

O I left the summons at the individual's residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) and mailed a copy to the individual's last known address; or

O I served the summons on (name of individual) , who isdesignated by law to accept service of process on behalf of (name of organization)

on (date)

O I returned the summons unexecuted because or

O Other (specify):

My fees are $ or travel and $ or services, for a total of $ .00

; or

; or

I declare under penalty of perjury that this information is true.

Server s signature

Printed name and title

Server s address

Date:

Additional information regarding attempted service, etc:


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IV. ORIGIN (Place an X in one box only.)

1. Original n 2. Removed fromProceeding LI State Coon

6. (*Atl-i. Remanded from --- 4. Reinstated or r--. 5. Transferred from Another Ft istrictAppellate Court --1 Reopened --1 istrict (Specify) "' Litigation

FOR OFFICE USE ONLY: Case Number:

CV14454 6kaMitEx)V-71106/14) Page 1 of 3

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

CIVIL COVER SHEET

I. (a) PLAINTIFFS ( Check box if you are representing yourself [1) DEFENDANTS Check box if you are representing yourself

SUNDESA, LLC, a Utah Limited Liability Company

(b) County o Residence of First Listed Plaintiff

(EXCEPT IN U.S. PLAINTIFF CASES)

(C) Attorneys (Firm Name, Address and Telephone Number) If you are

representing yourself, provide the same information.

tvlaschof, Brennan, 20 Pacifica, Suite 1130, Irvine, CA 92618 (949) 202-1900

II. BASIS OF JURISDICTION (Place an X in one box only.)

1 U SGovernment r, 3. Federal Question (U.S.Plaintiff overnment Not a Party)

fl . U.S. Government i 4. Diversity (Indicate CitizenshipDefendant f Parties in Item III)

EHPLABS, LLC, a Delaware Limited Liability Company

;County of Residence of First Listed Defendant

(IN U.S. PLAINTIFF CASES ONLY)

Attorneys Firm NomeAddress and Telephone Number) If you are

representing yourself, provide the same information.

CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only(Place en X in one box for plaintiff and one for defendant)

PTF DEF IE0

i . incorporated or Principal Place

of Business in this State

02

2 Incorporated and Principal Place

of Business in Another State

Foreign Nation 6

DEF[j 4

5

6

V. REQUESTED IN COMPLAINT: JURY DEMAND: 0 Yes 0 No (Check "Yes" only if demanded in complaint.)

CLASS ACTION under F.R.Cv.P. 23: flYes N No ONEYDEMANDED IN COMPLAINT: $ Subject to ProofVI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity)

35 U.S.C. Section 271 & 35 U.S.C. Secti on 284; Patent Infringement

VII. NATURE OF SUIT (Place an X in one box only).

OTHER STATUTES.. CONTRACT.REAL.:. ...r. PROPERTY cor.a. . . . .. . .. IMMIGRATION :. . .. PRISONER PETITIONS . . .. . . . ':' PROPERTY IGHTS . i . . ..0 375 False Claims Act

I- 00 Stateeapportionment

410 Antitrust430 Banks and Banking

i- 450 Commerce/ICCI- ateslEtc.

0 460 Deportation

F - 70 Racketeer Influ-,--, nced & Corrupt Org,

Li 480 Consumer Credit F 490 Cable/Sat TV,---i 50 Securities/Com-l- .--J odities/Exchange

ri 90 Other Statutory1 ctions

0

91 Agricultural Acts

V l te rnsvironmental

r--- 895 Freedom of Info_L--) ct

0 896 Arbitration

899 Admin. ProceduresD Act/Review of Appeal of

Agency Decision

r-- 950 Constitutionality or1 -- State Statutes

0 110 insurance

iii 20 Marine

30 Miller Act'-', 140 Negotiable, --i nstrument

150 Recovery ofOverpayment &Enforcement ofJudgment

Li 151 Medicare Actin152 Recovery of

0 Defaulted StudentLoan (Excl. Vet.)

153 Recovery ofLi Overpayment of

Vet. Benefits

160 Stockholders'Suits

Li 190 OtherContract

195 ContractProduct Liability

0 196 Franchise

0

40 Torts to Land

0

45 Tort Product

Liability 465

0

90 All Other RealProperty

462 NaturalizationApplication

-- ther

L-I Immigration Actions

Habeas Cor pus:

0 463 Alien Detainee510 Motions to Vacate

Sentence0 530 General

n 53S Death Penalty

0 820 Copyrights

830 Patent

840 Trademark

. ORTS j.

. PERSONAL PROPERTY'....Ocf.1744ECtit 11TY. :. :71.

.... TORTS' : .. . PERSONALIWURY --.

u 867 HIA11395 0

El 862 Black Lung (923)0 863 DIWC/DIWW (405 (g))

0 864 5510 Tide XVI

D 865 RS1(405 (0))

if] 370 Other Fraud0 371 Truth in Lending

380 Other PersonalProperty Damage

385 Property Damage0 Product Liability

ther - 0 310 Airplane

315 AirplaneProduct Liability320 Assault, Libel &

1-- lander330 Fed. Employers'Liability

345 Marine ProductLiability

0

50 Motor Vehicle

r- -1 55 Motor Vehicleroduct Liability

E--- 60 Other PersonalL -1

njury

362 Personal Inju--i yL - - I ed Malpratice

E] 365 Personal L . l

367 Health Care/El harmaceutical' - - - - ' ersonal Injury

Product Liabilityt. ._, 68 Asbestos1_1 ersonal Injury

Pr.. ilitv

540 mandamus/Other

Li 550 Civil Rights555 Prison Condition

560 Civil DetaineeConditions of ,:f gpERAVTAX111...

BANKRUPTCY : .: Confinement 870 Taxes (U.S, Plaintiff orL-I Defendant)r- 871 IRS-Third Party 26 USCI- 7609

0 340 Marine r-,22 Appeal 28

, USC 158

, 423 withdrawal 28L.1 sc 15:7

:.. FORFEITURE/PENALTY

625 Drug RelatedSeizure of Property 21USC 881690 OtherCIVIL RIP4TS, -i...; ,.

0 440 Other Civil Rights

0 441 Voting

442 Employment443 Housing/

445 American withLI isabilities-

Employment446 American withDisabilities-Other

0 448 Education

...... L AP.Pft:

c--1 710 Fair Labor StandardsL ..' Act

720 Labor/Mgmt.Relations

0 740 Railway Labor Act

r--i 751 Family and Medical" Leave Act

ri 790 Other Labor" Litigation

ri 791 Employee Pet. Inc.j - - -) ecurity Act

1f3ki? 4i:ITOPERTY

El 210 LandCondemnation

E] 220 Foreclosure

(-- 230 Rent Lease &t----1 Eectment

Citizen of This State

Citizen of Another State

Foreign Country DCitizen or Subject of a


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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF C ALIFORNIA

CIVIL COVER SHEET

VIII. VENUE: Your answers to the questions below will determine the div ision of the Court to which this case will be initially assigned. This initial assignment is subject

to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.

QUESTION A: Was this case removed

from state court? S TAT E C A S E W A S P E N D IN G I N T H E C O U N T Y O F : INITIAL DIVISION IN CA CD IS:

Yes l oor San Luis Obispo Western

If "no, " skip to Question B. If "yes," check thebox to the right that applies, enter thecorresponding division in response toQuestion E, below, and continue from there,

Los Angeles, Ventura, Santa Barbara,

Southernn Orange

Eastern Riverside or San Bernardino

QUESTION B: Is the U nited States, or

one of its agencies or employees a

PLAINTIFF in this action?

B.1. Do 50% or more of the defendants whothe district reside in Orange Co.?

reside in YES. Your case will initially be assigned to the Southern Division.0 nter "Southern" in response to Question E, below, and continuefrom there.

check one of the boxes to the right t

to Question B.2.Yes l o . NO. Continue

If "no, " skip to Question C. If "yes," answerQuestion B.1, at right.

B.2. Do 50% or more of the defendants who reside inthe district reside in Riverside and/or San BernardinoCounties? (Consider the two counties together.)

check one of the boxes to the rightim+

Y E S . Yo u rcase will initially be assigned to the Eastern Division.in response to Question E, below, and continueEnter "Eastern"

from there.

NO. Your case will initially be assigned to the Western Division.in response to Question E, below, and continueEnter "Western"

from there.

QUESTION C: Is the U nited States, or

one of its agencies or employees a

DEFENDANT in this action?

es el o

If "no, " skip to Question D. If "yes," answerQuestion C.1, at right.

C.1. Do 50% or more of the plaintiffs who residedistrict reside in Orange Co.?

in the YES. Your case will initially be assigned to the Southern Division.in response to Question E, below, and continueEnter "Southern"

from there.check one of the boxes to the right

to Question C.2.NO. Continue

C.2. Do 50% or more of the plaintiffs who reside in thedistrict reside in Riverside and/or San BernardinoCounties? (Consider the two counties together.)

check one of the boxes to the right N O .

YES. Your case will initially be assigned to the Eastern Division.in response to Question E, below, and continuenter "Eastern"

from there.

Your case will initially be assigned to the Western Division. Enter "Western" in response to Question E, below, and continue

from there.

QUESTION D: Location of plaintiffs and defendants?

A.

Orange County

B.Riverside or San

Bernardino CountyLos Angeles, Ventura,

C.

Santa Barbara, or SanLuis Obispo County

Indicate the location(s) in which 50% or more of plaintiffs who reside in this districtreside. (Check up to two boxes, or leave blank if none of these choices apply.) I LIIndicate the location(s) in which 50% or more of defendants who reside in thisdistrict reside. (Check up to two boxes, or leave blank if none of these choicesapply.)

D.1. Is there at least one

Yes

If "yes," your case will initially

SOUTHERN DIVISION.

Enter "Southern" in response to Question

If "no," go to question

answer in Column A?

[2


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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

CIVIL COVER SHEET

IX a). IDENTICAL CASES: Has this action been previously filed in this court? NO ES

If yes, list case nu mber(s):

IX b). RELATED CASES: Is this case related (as defined below) to any cases previously filed in this court? NO 11 YES

If yes, list case numb er(s) ee Addend um to Civil Cover Sheet Section IX(b) - Related Cases filed concurrently herewith.

Civil cases are related when they:

El A. Arise from the same or closely related transactions, happening, or event;

O B. Call for determination of the same or substantially related or similar questions of law and fact; or

O C. For other reasons would entail substantial duplication of labor if heard by different judges.

Check all boxes that apply. That cases may involve the same patent, trademark, or copyright is not, in itself, sufficient to deem casesrelated.

X. SIGNATURE OF ATTORNEY

OR SELF-REPRESENTED LITIGANT): DATE: 9/04

Notice to Counsel/Parties: The submission of this Civil Cover Sheet is required by Local Rule 3-1. This Form CV-71 and the information contained herein

neither replaces nor supplements the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. For

more detailed instructions, see separate instruction sheet (CV-071A).

Key to Statistical codes relating to Social Security Cases:

Nature of Suit Code Abbreviation ubstantive Statement of Cause of ActionAll claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also,

861 IA nclude claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program.(42 U.S.C. 1935FF (b))

862 L

863 IWC

863 IWW

864 SID

865 SI

All claims for Black Lung benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C923)

All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plusall claims filed for child s insurance benefits based on disability. (42 U.S.C. 405 (g))

All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, asamended. (42 U .S.C. 405 (g))

All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, asamended.

All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended.(42 U.S.C. 405 (g))

CV-71 06/14) IVIL COVER SHEET age 3 of 3

Sundesa v. Ehplabs

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