1 Behrooz Shariati (State Bar No. 174436) 2 Email: bshariati@wcsr.

com WOMBLE CARLYLE SANDRIDGE & RICE, LLP 3 10050 North Wolfe Road, Suite 260 4 Cupertino, CA 95014 Telephone: (408) 341-3040 5 Attorneys for Plaintiff 6 Electra Bicycle Company, LLC 7 8 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: '13CV0932 JAH BLM COMPLAINT FOR PATENT INFRINGEMENT REQUEST FOR JURY TRIAL

10 ELECTRA BICYCLE COMPANY, 11 LLC, Plaintiff, 12 13 v. 14 PEDEGO, LLC, Defendant. 15 16 17

Plaintiff Electra Bicycle Company, LLC (“Electra”) hereby presents its

18 Complaint for Patent Infringement in the above-captioned action, alleging as 19 follows: 20 21 1. THE PARTIES Plaintiff Electra Bicycle Company, LLC is a Delaware limited

22 liability company, with its principal place of business at 3275 Corporate View, 23 Vista, California 92081. Electra is a wholly-owned subsidiary of EBC Holdings 24 LLC, a Delaware limited liability company with its principal place of business at 25 3275 Corporate View, Vista, California 92081. 26 2. Pedego is a California limited liability company that has its principal

27 place of business at 1751 Langley Avenue, Irvine, California 92614. 28
COMPLAINT FOR PATENT INFRINGEMENT Case No.: ____________________________

1 2 3.

JURISDICTION AND VENUE This civil action for patent infringement arises under the patent laws

3 of the United States, specifically under Title 35 of the United States Code, 4 Sections 271, et seq. This Court has subject matter jurisdiction pursuant to 28 5 U.S.C. §§ 1331 and 1338(a). 6 4. This Court has personal jurisdiction over Defendant Pedego, LLC

7 (“Pedego”) at least because Pedego has engaged in substantial business within this 8 judicial district that is sufficient minimum contact for jurisdiction, including but 9 not limited to, the offering and selling of their infringing products in this judicial 10 district. 11 5. Pedego has committed acts of infringement within this judicial

12 district giving rise to this action. Accordingly, venue is proper in this judicial 13 district pursuant to 28 U.S.C. §§ 1391(b), (c), and/or 28 U.S.C. § 1400(b). 14 15 6. GENERAL ALLEGATIONS Electra is an innovator in the field of comfort bicycles, having

16 developed a bicycle design for an Easy-Riding Bicycle for which the United 17 States Patent and Trademark Office has awarded two patents. 18 7. Electra is the assignee of United States Patent No. 7,740,262 (“the

19 ’262 Patent”), which was issued by the United States Patent and Trademark Office 20 on June 22, 2010. 21 8. Electra is the assignee of United States Patent No. 8,136,828 (“the

22 ’828 Patent”), which was issued by the United States Patent and Trademark Office 23 on March 20, 2012. 24 9. Pedego, by and through its agents, employees and servants, makes,

25 has made, manufactures, has manufactured, imports, uses, offers for sale, and/or 26 sells products embodying the claimed invention(s) of the ’262 Patent and the ’828 27 Patent without authorization, permission or license. Pedego offers for sale and 28
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COMPLAINT FOR PATENT INFRINGEMENT Case No.: ____________________________

1 sells the infringing products through multiple authorized dealers in this judicial 2 district. 3 4 5 6 10. 11. CLAIMS FOR RELIEF COUNT I (Infringement of U.S. Patent No. 7,740,262) Electra incorporates herein the allegations in Paragraphs 1 through 9. Pedego, by and through its agents, employees, and servants, has

7 infringed, directly or indirectly, one or more claims of the ’262 patent, including 8 without limitation claim 1, by using, making, having made, manufacturing, having 9 manufactured, importing, promoting, marketing, advertising, distributing, offering 10 for sale, and selling and/or causing to be offered or sold without Electra’s 11 authority, certain bicycles that infringe one or more claims of the ’262 Patent 12 literally and/or under the Doctrine of Equivalents. 13 12. Pedego’s infringing products include at least Pedego’s Classic

14 Cruiser bicycles. 15 13. By reason of Pedego’s infringement, Electra has suffered and is

16 suffering damages. 17 14. Upon information and belief, Pedego’s acts of infringement are

18 willful, having been committed with notice and knowledge of Electra’s patent 19 rights. 20 15. Pedego’s acts of infringement are causing irreparable harm to Electra

21 and will continue to cause irreparable harm to Electra unless enjoined by this 22 Court. 23 16. Electra has suffered and will continue to suffer substantial damage to

24 its business by reason of Pedego’s acts of patent infringement as alleged herein, 25 and Electra is entitled to recover from Pedego the damages sustained as a result of 26 Pedego’s infringing acts. 27 28
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COMPLAINT FOR PATENT INFRINGEMENT Case No.: ____________________________

1 2 3 16. 4 18. 17.

COUNT II (Infringement of U.S. Patent No. 8,136,828) Electra incorporates herein the allegations in Paragraphs 1 through

Pedego, by and through its agents, employees, and servants, has

5 infringed, directly or indirectly, one or more claims of the ’828 patent including 6 without limitation claim 1, by using, making, having made, manufacturing, having 7 manufactured, importing, promoting, marketing, advertising, distributing, offering 8 for sale, and selling and/or causing to be offered or sold without Electra’s 9 authority, certain bicycles that infringe one or more claims of the ’828 Patent 10 literally and/or under the Doctrine of Equivalents. 11 19. Pedego’s infringing products include at least Pedego’s Classic

12 Cruiser bicycles. 13 20. By reason of Pedego’s infringement, Electra has suffered and is

14 suffering damages. 15 21. Upon information and belief, Pedego’s acts of infringement are

16 willful, having been committed with notice and knowledge of Electra’s patent 17 rights. 18 22. Pedego’s acts of infringement are causing irreparable harm to Electra

19 and will continue to cause irreparable harm to Electra unless enjoined by this 20 Court. 21 23. Electra has suffered and will continue to suffer substantial damage to

22 its business by reason of Pedego’s acts of patent infringement as alleged herein, 23 and Electra is entitled to recover from Pedego the damages sustained as a result of 24 Pedego’s acts. 25 26 27 RELIEF REQUESTED WHEREFORE, Electra prays for: A. judgment that Pedego has infringed one or more claims of the ’262

28 Patent;
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COMPLAINT FOR PATENT INFRINGEMENT Case No.: ____________________________

1

B.

judgment that Pedego has infringed one or more claims of the ’828

2 Patent; 3 C. a preliminary and permanent injunction pursuant to 35 U.S.C. § 283

4 prohibiting Pedego and its officers, agents, servants, employees, attorneys, and all 5 other persons acting in concert or in participation with it, from continuing 6 infringement of the ’262 and ’828 Patents. 7 D. an accounting for all monies received by or on behalf of Pedego and

8 all damages sustained by Electra as a result of Pedego’s aforementioned 9 infringement; 10 11 E. F. an award of damages pursuant to 36 U.S.C. § 284; an award of additional damages for willful infringement of the ’262

12 and ’828 Patents; 13 G. judgment that this is an exceptional case under 35 U.S.C. §285 and

14 Electra to be awarded its reasonable attorneys’ fees; and 15 16 17 H. such other relief as the Court deems just and proper. DEMAND FOR A JURY TRIAL Pursuant to FED. R. CIV. P. 38, Electra hereby demands trial by jury as to all

18 issues so triable in this action. 19 20 Dated: April 18, 2013 21 22 23 24 25 26 27 28
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COMPLAINT FOR PATENT INFRINGEMENT Case No.: ____________________________

WOMBLE CARLYLE SANDRIDGE & RICE LLP By: /s/ Behrooz Shariati Behrooz Shariati (State Bar No. 174436) 10050 North Wolfe Road, Suite 260 Cupertino, CA 95014 Telephone: (408) 341-3040 Facsimile: (408) 703-5440 Email: bshariati@wcsr.com Counsel for Plaintiff

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