UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
ADEBOWALE AJAGBE, a Michigan individual resident, Plaintiff, v. LAWRENCE BOYSEN, a Texas individual resident, Hon. JURY DEMAND
COMPLAINT Plaintiff, ADEBOWALE AJAGBE, hereby complains of Defendant, and alleges as follows: JURISDICTION AND VENUE 1. This action arises under a federal statute 35 U.S.C. § 281 and also
the other patent laws of the United States, Title 35 of the United States Code, §§ 1, et seq. 2. This Court has subject matter jurisdiction in the action under 28
U.S.C. §§ 1331 and 1338, and 35 U.S.C. § 281. 3. and 1400. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391
THE PARTIES 4. Mr. Adebowale Ajagbe, (“Plaintiff”) is an individual having a contact
address at 535 Griswold Ste. 111-232, Detroit, Michigan 48226. 5. Mr. Lawrence Boysen (“Boysen”) is an individual that on information
and belief has an address at 1506 Skip Tyler Dr., Cedar Park, Texas 78613.
BACKGROUND ALLEGATIONS 6. On January 7, 2014, United States Letters Patent No. 8,624,554
(“the ‘554 patent”) was issued on January 7, 2014 and is directed to a device for charging an electrical device. 7. A true and correct copy of the ‘554 patent is attached to this
Complaint as Exhibit A. 8. Plaintiff is the owner of all right, title and interest in and to the ‘554
patent, and has been the owner of all right, title and interest in and to the ‘554 patent since the issue date of that patent. Mr. Boysen and his Sol Cuff Product 9. On information and belief, Mr. Boysen d/b/a/ Sol Cuff, is offering for
sale a product called the SOL CUFF through a website posted to www.solcuff.com. 10. On information and belief, the Sol Cuff product is a solar powered
charging wristband with illumination.
On information and belief, the Sol Cuff product is a solar powered
wristband that charges numerous devices and has radial illuminating LED's. 12. On information and belief, the Sol Cuff product is also a wearable
solar battery charger wristband that also features a hands free lighting solution. 13. On information and belief, the Sol Cuff is also a complete solar
powered cuff that has the power to charge devices and illuminate a radius of LED lights. 14. On information and belief, the following image displays two
prototypes for the Sol Cuff:
On information and belief, the following image displays a Sol Cuff –
Black and a Sol Cuff – White, each of which are being offered for sale nationwide through the website www.solcuff.com.
On information and belief, Exhibit B consists of true and authentic
copies of webpages posted to www.solcuff.com. 17. On information and belief, Mr. Boysen has promoted the Sol Cuff
product through Kickstarter.com. 18. On information and belief, Exhibit C consists of true and authentic
copies of webpages promoting the Sol Cuff product posted to Kickstarter.com. 19. On information and belief, each Sol Cuff product includes at least
one battery and at least one solar cell.
On information and belief, a battery of each Sol Cuff product is
electrically connected to a solar cell of the Sol Cuff. 21. On information and belief, each Sol Cuff product includes at least
one Rechargeable Lithium Battery, 3.7 volt, 1500 mA capacity. 22. On information and belief, each Sol Cuff product includes at least
one 6V solar panel. 23. On information and belief, each Sol Cuff product includes at least
one USB port. 24. On information and belief, a Sol Cuff product is designed so that it
can electrically charge an electrical device held by the user while being worn on the user’s wrist.
On information and belief, the following image displays a prototype
Sol Cuff product being worn on a user’s wrist and charging the mobile phone held in the user’s hand.
On information and belief, each Sol Cuff product includes a band
having a storage space configured for holding components. 27. On information and belief, each Sol Cuff includes a cover having an
outer surface exposed to the environment and adapted to be mounted onto the band. 28. On information and belief, each Sol Cuff includes a battery for
storing an electric charge, at least one solar cell electrically wired to the battery and an output operable to connect the battery to the electrical device.
On information and belief, as of February 5, 2014, 51 units of Sol
Cuff have been guaranteed for donations of $89.00 USD or more. See Exhibit C. 30. On information and belief, as of February 5, 2014 Sol Cuff is being
offered for sale for $108.00 USD. See Exhibit B. 31. On January 30, 2014 Plaintiff, through its attorney, sent a letter with
a copy of the ‘554 Patent to Mr. Boysen. 32. On information and belief, as of February 7, 2014, Mr. Boysen
continues to promote the Sol Cuff product on Kickstarter.com. 33. On information and belief, as of February 7, 2014, Mr. Boysen
continues to offer the Sol Cuff product for sale nationwide through the website posted to www.SolCuff.com.
COUNT I – PATENT INFRINGEMENT Plaintiff incorporates and reasserts paragraphs 1 – 33 herein by reference. 34. Boysen, upon information and belief, in the past has been and still is
infringing the ‘554 patent by making, importing, using, selling and/or offering for sale in, and to, the United States products incorporating a device for charging an electrical device embodying the invention of at least claim 1 of the ‘554 patent, such products including but not being limited to the Sol Cuff. 35. Despite any statement to the contrary, upon information and belief,
Boysen will continue to infringe the ‘554 patent unless enjoined by this Court.
Boysen had actual knowledge of the ‘554 patent as a result of the
letter transmitted to him by counsel for Plaintiff. 37. Upon information and belief, Boysen’s infringement of the ‘554
patent has been willful. 38. Upon information and belief, Boysen’s infringement has resulted in
damage to Plaintiff and will continue to do so unless enjoined by this Court. 39. Plaintiff has no adequate remedy at law and is, therefore, entitled to
an injunction prohibiting further infringement by Boysen. 40. Boysen’s manufacture, use, sale, offer to sell, and/or distribution of
products that infringe the ‘554 patent, including the Sol Cuff have caused Plaintiff to suffer damages in an amount not yet determined but which will be proven at trial.
RELIEF REQUESTED WHEREFORE, Plaintiff demands that judgment be entered in his favor against Boysen as follows: A. Permanently enjoin Boysen, and its officers, agents, servants,
employees, attorneys, and all those persons in privity or in active concert or participation with them from further acts of infringement of the ‘554 patent; B. C. Order an accounting; Award damages adequate to compensate Plaintiff for Boysen’s
infringement of the ‘554 patent;
Increase the damages up to three times the amount found or
assessed for Boysen’s willful acts of infringement; E. F. Award prejudgment interest and costs; Find this to be an exceptional case and awarding reasonable
attorney’s fees to Plaintiff; and G. appropriate. JURY DEMAND Plaintiff requests a jury for all issue triable by jury in this action. Grant all such other and further relief as is necessary and
Respectfully submitted, s/ Mark D. Schneider_______ Mark D. Schneider (P55906) Douglas W. Sprinkle (P25326) GIFFORD, KRASS, SPRINKLE, ANDERSON & CITKOWSKI, P.C. 2701 Troy Center Drive, Ste. 330 P.O. Box 7021 Troy, Michigan 48087 (248) 647-6000 (248) 647-5210 (Fax) email@example.com Attorneys for Plaintiffs Date: February 07, 2014