Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Sundesa v. Ehplabs

Sundesa v. Ehplabs

Ratings: (0)|Views: 9|Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-05327-JAK-E: Sundesa, LLC v. Ehplabs, LLC. Filed in U.S. District Court for the Central District of California, the Hon. John A. Kronstadt presiding. See http://news.priorsmart.com/-laHb for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:14-cv-05327-JAK-E: Sundesa, LLC v. Ehplabs, LLC. Filed in U.S. District Court for the Central District of California, the Hon. John A. Kronstadt presiding. See http://news.priorsmart.com/-laHb for more info.

More info:

Published by: PriorSmart on Jul 15, 2014
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/15/2014

pdf

text

original

 
L
-
9 Pil 3: 39
FILED
'Taylor J. Wright (California State Bar No. 288609)
twright@mabr.com
WAS CHOFF BRENNAN
3
0 Pacifica, Suite 1130
Irvine, California 9261.8
4 Telephone: (949) 202-1900
Facsimile: (949) 453.-1104
6
Attorney for Plaintiff Sundesa, LLC UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Sundesa, LLC, a Utah Limited Liability
Company,
Plaintiff,
v.
EHPLABS, LLC, a Delaware Limited.
Liability Company,
Defendant
Plaintiff Sundesa, LLC ("Sundesa") complains against Defendant EHPLABS, LLC ("EHP"), a Delaware Limited Liability Company, for the causes of action alleged as follows:
THE PARTIES
Sundesa is a limited liability company duly organized and existing under the laws of the State of Utah, with its principal place of business located at 250 South 850 East, Lehi, Utah 84043. 2.
undesa alleges EHP is a limited liability company organized and existing
under the laws of the State of Delaware with its principal place of business located at 6 6 Corporate Way, Suite 2 #4000, Valley Cottage, New York 10989. 'COMPLAINT FOR PATENT INFRINGEMENT
7
8
9 10 11
12
13
14
15
16
17 18
19
20
21
22
3
24
5
26
27
28
Civil Action No. CV14-05327 JAK (Ex)
COMPLAINT FOR PATENT INFRINGEMENT
[Demand for jury Trial]
 
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 action
under 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
1
2
3
4
5
6
7
8
9 10
11
12 13 14 15 16 17 18 19 20
21
22 23 24 25 26
27
28
 
12.
EHP is in the business of selling nutritional supplements and accessories. In
particular, EHP sells and offers for sale,
inter alia,
EHP Shaker Cups that embody at least
claim 15 of the '032 Patent and allow users to perform the methods claimed in at least claim 18 of the '032 Patent (the "Accused Products").
13.
The Accused Products also embody the claimed design of the '235 Design Patent.
14.
EHP markets, describes, encourages, and instructs its customers to use the
Accused Products to mix ingredients in such a way as to perform the claimed methods of
the '032 Patent.
15.
Use of any of EHP's Accused Products infringes the '032 Patent.
16.
The Accused Products have no substantial non-infringing uses.
17.
The design of the Accused Products are substantially the same as the design
that is the subject matter of the '235 Design Patent.
18.
Furthermore, the design of the Accused Products is so similar to the design
that is the subject matter of the '235 Design Patent that customers are likely to be
deceived and persuaded to buy the Accused Products thinking they are actually buying
products protected by the '235 Design Patent.
19.
EHP has had pre-suit knowledge of the Asserted Patents since at least March 10, 2014.
20.
On March 7, 2014, Sundesa sent EHP a cease and desist letter notifying EHP
of Sundesa's rights in the Asserted Patents and of EHP's infringement of these rights by
its manufacture, use, sales, offers for sale, and importation of the Accused Products.
21.
Along with this cease and desist letter, Sundesa mailed EHP a courtesy draft
copy of this Complaint and copies of the Asserted Patents.
FIRST CLAIM FOR RELIEF (Infringement of the 032 Patent)
22.
By this reference Sundesa realleges and incorporates the foregoing
paragraphs as though fully set forth herein.
2
COMPLAINT FOR PATENT INFRINGEMENT
1
2
3
4
5
6 7
8
9
10
11
12
13
14 15
16
17
18
19
20
21
22 23 24
25
26 27 28

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->