Professional Documents
Culture Documents
12
13
14 Total Recall Technologies,
Plaintiff,
15
16
vs.
19
20
21 follows:
NATURE OF THE ACTION
22
23
1.
TRT brings this action for Defendants breach of contract and wrongful
26
27
2.
3.
Igra and Seidl were resident in the State of Hawaii at the formation of
4.
4 Delaware corporation with its principal place of business in Menlo Park, California.
5 On information and belief, Oculus is the corporate successor to Oculus LLC, a
6 California limited liability company.
7
5.
8 Oculus, is an individual who resides (or recently resided) in Long Beach, California,
9 and who may be served with process at his place of employment, Oculus.
10
11
12 because there is diversity of citizenship amongst the parties to this action, and the
13 amount in controversy, without interest and costs, exceeds the sum or value
14 specified by 28 U.S.C. 1332.
15
7.
16 giving rise to the claims occurred in this District, Oculus VR, Inc.s principal place
17 of business is within the District, and the Defendants are otherwise subject to
18 personal jurisdiction in the District pursuant to 28 U.S.C. 1391(b), (c).
19
20
INTRADISTRICT ASSIGNMENT
8.
Pursuant to Civil L.R. 3-5(b) and Civil L.R. 3-2(c)-(d), there is a basis
21 for assigning this civil action to the San Francisco Division or Oakland Division, as
22 a substantial part of the events giving rise to the claims occurred in San Mateo
23 County, and Oculus VR, Inc.s principal place of business is located in San Mateo
24 County.
25
26
27
28
2
Complaint
1
2
BACKGROUND
9.
In 2010, Igra and Seidl began their partnership with the aim of
10.
6 head mounted displays and began an exchange of information about TRT's project.
7 Seidl informed Luckey that he wanted to keep their communications confidential.
8
11.
On May 27, 2011, Igra and Seidl filed a patent application, entitled
12.
13 requesting that Luckey build a prototype to Seidls specifications with parts paid for
14 by the Partnership. Seidl explained to Luckey that with the Partnerships initial
15 payment to Luckey, he expected exclusive rights to the design. Luckey agreed.
16
13.
14.
15.
23 other things, to maintain information received from Seidl in the strictest confidence
24 and not to use confidential information received from Seidl for his own benefit.
25
16.
26 to Seidl.
27
28
3
Complaint
17.
Throughout the latter half of 2011 and into 2012, Seidl provided
18.
5 took the information he learned from the Partnership, as well as the prototype that
6 he built for the TRT using design features and other confidential information and
7 materials supplied by the Partnership, and passed it off to others as his own.
8
19.
20.
13
14
15
(Breach of Contract)
16
17
21.
22.
20
23.
24.
Luckey was obligated not to use the property that was the subject
25.
26.
Complaint
27.
28.
7 amount to be determined.
8
29.
TRT will suffer irreparable injury by reason of the acts, practices, and
9 conduct of Luckey alleged above until and unless the Court enjoins such acts,
10 practices, and conduct.
11
12
13
14
30.
31.
17 breached the duty of good faith and fair dealing inherent in every contract through
18 his actions, including frustrating the purpose of the contract by using the
19 Partnership's prototype for his own purposes, misleading the Partnership, using
20 Partnership confidential information for his own purposes, and sharing such
21 information with third parties.
22
32.
25
(Conversion)
26
27
33.
Complaint
34.
2 converted to the Defendants own use property owned by TRT. The property
3 converted consists, at a minimum, of a prototype virtual reality headset and
4 associated technology built for and in conjunction with TRT.
5
35.
36.
37.
Defendants are jointly and severally liable for the wrongful conduct set
10 forth herein because they aided and abetted each other and/or conspired to commit
11 such wrongful conduct.
12
38.
13 and as such constitutes the basis for the award of punitive damages pursuant to
14 California Civil Code 3294.
15
16
(Constructive Fraud)
17
18
39.
40.
41.
23 Oculus, breached his duties to TRT, intentionally misled TRT and its partners, and
24 gained an advantage over TRT.
25
42.
43.
Complaint
44.
Defendants are jointly and severally liable for the wrongful conduct set
2 forth herein because they aided and abetted each other and/or conspired to commit
3 such wrongful conduct.
4
45.
5 and as such constitutes the basis for the award of punitive damages pursuant to
6 California Civil Code 3294.
7
8
9 them, as follows:
10
A.
11
B.
12
C.
13
D.
For an accounting;
14
E.
15
F.
16
G.
17
G.
For such other and further relief as the Court may deem proper.
18
19 Dated: May 20, 2015
Respectfully submitted,
20
21
22
By:
24
Robert Stone
Robert Feldman
Brian Cannon
25
23
26
27
28
7
Complaint
2 Plaintiff Total Recall Technologies hereby demands a jury trial as provided by Rule
3 38 of the Federal Rules of Civil Procedure.
4
5 Dated: May 20, 2015
Respectfully submitted,
7
8
By:
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
Complaint
The IS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE IND -RUC-MONS ON NEXT PAGE OF TIIIS FORM.)
DEFENDANTS
I. (a) PLAINTIFFS
Total Recall Technologies
(c)
Attorneys
Attorneys
(if Known)
U.S. Government
CI 3
Plaintiff
Cl 2
Federal Question
(U.S. Government Nod a Party)
IF1
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
0 1
IR
CP
04
X2
CI
0 5
05
Citizen or Subject of a
Foreign Country
0 3
CI
Foreign Nation
06
FORFEIT.URE7PF.N4LTY::::
:REALTROPERTY:::,
CP 210 Land Condemnation
0 220 Foreclosure
0 230 Rent Lease & Ejectment
CI 240 Torts to Land
CI 245 Tort Product Liability
0 290 All Other Real Property
V. ORIGIN
A 1 Original
: GON tRAC.r:
0 110 Insurance
0 120 Marine
0 130 Miller Act
01 140 Negotiable Instrument
ci 150 Recovery of Overpayment
& Enforcement ofJurigment
CP 15 I Medicare Act
CP 152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
CP 153 Recovery of Overpayment
of Veteran's Benefits
01 160 Stockholders' Suits
lEI 190 Other Contract
0 195 Contract Product Liability
CP 196 Franchise
DEF
PERSONAL INJURY
0 310 Airplane
0 315 Airplane Product
Liability
ri 320 Assault, Libel &
Slander
0 330 Federal Employers'
Liability
0 340 Marine
ri 345 Marine Product
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
Product Liability
0 360 Other Personal
Injury
0 362 Personal Injuiy Medical Malpractice
-DCWILIZIGHTS:-:.
CI 440 Other Civil Rights
'
0 441 Voting
'
0 442 Employment
0 443 Housing/
Accommodations
1 445 Amer. w/Disabilities Employment
0 44-6 Amer. w/Disabilities Other
0 448 Education
PERSONAL INJURY
ID 365 Personal Injury Product Liability
0 367 'Health Care/
Pharmaceutical
Personal Injury
Product Liability
CI 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
ID 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability
ralsoNswrITMONSF
Habeas Corpus:
0 463 Alien Detainee
0 510 Motions to Vacate
Sentence
n 530 General
El 535 Death Penalty
Other:
0 540 Mandamus & Other
0 550 Civil Rights
0 555 Prison Condition
CI 560 Civil Detainee Conditions of
Confmement
, :PROPERWRIGEITS:.:
CI 820 Copyrights
0 830 Patent
0 840 Trademark
-:::ESOCIALSECEIRITY':
0 861 WA (1395ff)
0 862 Black Lung (923)
0 863 DIWC/DIWW (405(g))
CI 864 SSID Title XVI
0 865 RSI (405(g))
:,:fLABOIC,
0 710 Fair Labor Standards
Act
CI 720 Labor/Management
Relations
0 740 Railway Labor Act
CP 751 Family and Medical
Leave Act
0 790 Other Labor Litigation
0 791 Employee Retirement
;IITiDERAL:TAX:SLITS::
50THERSTAT
::::ISANKRUPTCY':
0 422 Appeal 28 USC 158
CI 423 Withdrawal
28 USC 157
SPi--
*IMMIGRATION ,
0 462 Naturalization Application
0 465 Other Immigration
Actions
Proceeding
0 2 Removed from
State Court
0 3 Remanded from
Appellate Court
Cite the U.S. Civil Statute under which you are filing
VII. REQUESTED IN
(Do
Breach of contract, breach of duty of good faith and fair dealing, conversion, and constructive fraud.
COMPLAINT:
DEMAND S
*Ow'I
lc
,D
(See instructions):
DATE
JUDGE
DOCKET NUMBER
S1GN=ATTORNEY OF RECORD
05/20/2015
IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
(Place an "X" in One Box Only)
ri
EUREKA
-d