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John Karl Buche (SBN 239477) Lindsay D. Molnar (SBN 275156) BUCHE & ASSOCIATES, P.C. 875 Prospect, Suite 305 La Jolla, California 92037 Phone: (858) 459-9111 Fax: (858) 459-9120 jbuche@buchelaw.com lmolnar@buchelaw.com Attorneys for Complainant SEIDIO, INC. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA SEIDIO INC., a Texas corporation Complainant, v. BOXWAVE CORPORATION, a Nevada corporation, and WING ONN LUM, an individual. Defendants. DEMAND FOR JURY TRIAL ORIGINAL COMPLAINT Complainant, Seidio, Inc., (hereinafter "Seidio") hereby complains of Defendants, Boxwave Corporation (hereinafter “Boxwave”) and Wing Onn Lum (hereinafter “Lum”) (hereinafter collectively, “Defendants”), and states as follows:

'13CV1390 LAB JMA Case No. _______________
COMPLAINT FOR PATENT INFRINGEMENT

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I.

PARTIES

1. Seidio is a Texas Corporation doing business in the Southern District of California. Seidio’s address is 10415 Westpark Dr., Suite B, Houston, TX 77042. 2. Defendant, Boxwave, is a Nevada corporation doing business in the State of California and in the Southern District of California, with its principal place of business in Kirkland, Washington. 3. Defendant, Lum, is an individual residing in Washington and actively induced infringing actions in the state of California. II. 4. JURISDICTION AND VENUE

This Court has subject matter jurisdiction over this action pursuant to

28 U.S.C. §§ 1331 (federal question) and 1338(a) (action arising under an Act of Congress related to patents). 5. This Court has personal jurisdiction over Defendants because

Defendants have a continuous, systematic, and substantial presence within this judicial district. In particular, Defendants have purposefully directed activities to this judicial district by committing acts of patent infringement, including but not limited to selling infringing protective covers and cases for cell phones, portable media players, and personal digital assistants directly to consumers and/or retailers in this district and selling into the stream of commerce knowing such products would be sold in California and this district, which give rise to Seidio’s claim.

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6.

Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b),

1391(c) and 1400(b) because a substantial part of the events giving rise to the claims occurred in this District, Defendants have sufficient contacts with this District to subject them to personal jurisdiction, and Defendants have committed acts of infringement and conduct business in this District. III. 7. BACKGROUND

Seidio is the seller of several lines of protective covers and cases for

personal media devices, which are protected by design patents owned by Seidio. 8. On May 7, 2013, the United States Patent and Trademark Office duly

and lawfully issued United States Patent No. D681,624 S (the “‘624 patent”), entitled PROTECTIVE COVER. Seidio owns all right, title, and interest in the ‘624 patent. A true and correct copy of the ‘624 patent is attached hereto as Exhibit 1. 9. On May 21, 2013, the United States Patent and Trademark Office

duly and lawfully issued United States Patent No. D682,815 S (the “‘815 patent”), entitled CASE. Seidio owns all right, title, and interest in the ‘815 patent. A true and correct copy of the ‘815 patent is attached hereto as Exhibit 2. 10. On information and belief, Defendants manufacture, sell, offer for sale

and/or import into the United States protective cases that infringe the ‘624 patent without license or authorization from Seidio. Defendants’ products clearly feature

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the ornamental design of the ‘624 patent. True and correct copies are attached hereto as Exhibit 3 and 4. 11. On information and belief, Defendants manufacture, sell, offer for sale

and/or import into the United States protective cases that infringe the ‘815 patent without license or authorization from Seidio. Defendants’ products clearly feature the ornamental design of the ‘815 patent. True and correct copies are attached hereto as Exhibit 3 and 4. 12. The manufacture and sale by Defendants of the protective case

infringes Seidio’s ‘624 patent. 13. The manufacture and sale by Defendants of the protective case

infringes Seidio’s ‘815 patent. 14. On information and belief, the infringing embodiments of the ‘624

patent are being sold and used by Defendants in this judicial district and throughout the United States. 15. On information and belief, the infringing embodiments of the ‘815

patent are being sold and used by Defendants in this judicial district and throughout the United States. 16. Defendant, Lum, is well aware of Seidio and has been the active and

conscious force in inducing Boxwave to infringe patented products that Seidio designed.

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IV. 17.

CAUSE OF ACTION

Seidio, Inc. incorporates the allegations of paragraphs 1-16 as though

fully set forth herein. 18. This is a claim for patent infringement of the ‘624 patent and ‘815

patent arising under 35 U.S.C. § 271. 19. On information and belief, Defendants have actively induced

infringement of and/or contributed to the infringement of the ‘624 patent by others. 20. On information and belief, Defendants have actively induced

infringement of and/or contributed to the infringement of the ‘815 patent by others. 21. Each of the Defendants’ infringing activities is without the consent of,

authority of, or license from Seidio. 22. On information and belief, Defendants have infringed the ornamental

design of the ‘624 patent either literally or under the Doctrine of Equivalents. 23. On information and belief, Defendants have infringed the ornamental

design of the ‘815 patent either literally or under the Doctrine of Equivalents. 24. Defendants’ infringement of the ‘624 patent has been willful, knowing

and deliberate. 25. Defendants’ infringement of the ‘815 patent has been willful, knowing

and deliberate. 26. As a direct and proximate result of Defendants’ infringement of the

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‘624 patent, Seidio has been damaged in an amount that cannot yet be fully ascertained. 27. As a direct and proximate result of Defendants’ infringement of the

‘815 patent, Seidio has been damaged in an amount that cannot yet be fully ascertained. 28. Seidio is entitled to damages and/or Defendants’ total profits from

Defendants’ infringement of the ‘624 patent. 29. Seidio is entitled to damages and/or Defendants’ total profits from

Defendants’ infringement of the ‘815 patent. 30. Pursuant to 35 U.S.C. § 284 Seidio is entitled to damages including

but not limited to Seidio’s lost profits, and/or reasonable royalty for Defendants’ infringing acts with interests and costs fixed by this court. 31. An award of Seidio’s treble damages for willful, knowing, and

deliberate infringement of the ‘624 patent. 32. An award of Seidio’s treble damages for willful, knowing, and

deliberate infringement of the ‘815 patent. 33. Pursuant to 35 U.S.C. § 285 Seidio is entitled to reasonable attorneys’

fees for the necessity of bringing this claim. 34. Unless permanently enjoined, Defendants will continue to engage in Such

the aforementioned acts to Seidio’s further and continuing damage.

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continuing acts, unless enjoined, will cause irreparable damage in that Seidio will have no adequate remedy at law to compel Defendants to cease such acts. V. PRAYER FOR RELIEF

WHEREFORE, Seidio prays that the Court enter judgment in its favor and against Defendants, including: 1. Entry of a preliminary and permanent injunction enjoining

Defendants, its officers, agents, servants, employees and attorneys, and those persons in active concert or participation with it who receive actual notice thereof, from directly or indirectly infringing, or inducing, or contributing to the infringement of the ‘624 patent under 35 U.S.C. § 271; 2. Entry of a preliminary and permanent injunction enjoining

Defendants, its officers, agents, servants, employees and attorneys, and those persons in active concert or participation with it who receive actual notice thereof, from directly or indirectly infringing, or inducing, or contributing to the infringement of the ‘815 patent under 35 U.S.C. § 271; 3. Judgment in favor of Seidio, and against Defendants for infringement

of the ‘624 patent; 4. Judgment in favor of Seidio, and against Defendants for infringement

of the ‘815 patent; 5. An award of Seidio’s damages for patent infringement of the ‘624
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patent against Defendants in an amount adequate to compensate, but in no event less than a reasonable royalty; 6. An award of Seidio’s damages for patent infringement of the ‘815

patent against Defendants in an amount adequate to compensate, but in no event less than a reasonable royalty; 7. An award of Seidio’s treble damages for willful, knowing and

deliberate infringement of the ‘624 and ‘815 patents pursuant to 35 U.S.C. 284; 8. An award to Seidio of the costs and attorneys’ fees incurred by Seidio

in connection with this action pursuant to 35 U.S.C. § 285; 9. An award in favor of Seidio for such other and further relief as the

Court deems proper; 10. Seizure and/or destruction of infringing merchandise pursuant to 15

U.S.C. § 1116(d)(1)(A) and 15 U.S.C. § 1118.

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DEMAND FOR JURY TRIAL Seidio hereby demands a trial by jury on all issues so triable.

Respectfully submitted, Date: June 13, 2013 BUCHE & ASSOCIATES, P.C.:

/s/ John K. Buche ____________________________________ John Karl Buche Lindsay D. Molnar Attorneys for Complainant SEIDIO, INC.

ORIGNAL COMPLAINT

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