Uzbl v. Devicewear - Complaint

Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 1 of 15 Page ID #:1
1 JOHN D. TRAN, ESQ. (State Bar No. 231761)

ROSALIND T. ONG, ESQ. (State Bar No. 234326)
2 WILLIAM L. BUUS, ESQ. (State Bar No. 180059)
RHEMA LAW GROUP P.C.
3 1 PARK PLAZA, 6th FLOOR
IRVINE, CA 92614
4 EMAIL: JDT@RHEMALAW.COM
EMAIL: RTO@RHEMALAW.COM
5 EMAIL: WLB@RHEMALAW.COM
6 TELEPHONE: (949) 852-4430
FAX: (866) 929-3519
7
8 Attorneys for Plaintiff UZBL, LLC, a California Limited Liability Company

9
10
UNITED STATES DISTRICT COURT
11
CENTRAL DISTRICT OF CALIFORNIA
12
UZBL, LLC, a California Limited Case No.
13 Liability Company
COMPLAINT FOR INJUNCTION
14
AND DAMAGES FOR:
Plaintiff,
1. PATENT INFRINGEMENT
15
v. 2. COPYRIGHT INFRINGEMENT
16
DEVICEWEAR, LLC, a Delaware 3. FEDERAL UNFAIR
17 Limited Liability Company; ROBERT COMPETITION [LANHAM ACT]
LODGE, an individual
18 4. VIOLATION OF CALIFORNIA
BUSINESS & PROFESSIONS CODE
19
Defendants. 17200 ET. SEQ. AND 17500
20
DEMAND FOR JURY TRIAL
21
22
23
24
25
-1-
____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
1 Plaintiff UZBL, LLC (hereinafter UZBL) hereby complains against

2 Defendant DEVICEWEAR, LLC (hereinafter DEVICEWEAR) and Defendant
3 ROBERT LODGE (hereinafter ROBERT LODGE), an individual, and DOES 1-
4 10 (hereinafter referred collectively as (DEFENDANTS) as follows:
5 THE PARTIES
6 1. UZBL is a California limited liability company with its principal place
7 of business located in Newport Coast, California, in the county of Orange.
8 2. Upon information and belief, Defendant DEVICEWEAR is a
9 Deleware limited liability company with its principal place of business in Rocklin,
10 California, in the county of Placer. DEVICEWEAR makes, imports, advertises,
11 offers to sell, and/or sells within the United States, including in the State of
12 California and this judicial district, infringing products incorporating UZBLs
13 patented and copyrighted technology and design.
14 3. UZBL is informed and believes, and thereon allege, that Defendant
15 ROBERT LODGE is the owner and managing member of Defendant
16 DEVICEWEAR, and controls all aspects of the business of DEVICEWEAR.
17 JURISDICTION AND VENUE
18 4. This action is for patent infringement, copyright infringement and
19 unfair competition, arising under the patent laws of the United States, Title 35 of
20 the United States Code; copyright law under Title 17 of the United States Code and
21 unfair competition arising under the Title 15.
22 5. UZBL seeks declaratory relief under 28 U.S.C. 2201 and 2202.
23 6. This Court has subject matter jurisdiction over this action under 35
24 U.S.C. 1331, 1338, 2201, 2202 and 17 U.S. Code 501.
25 7. This Court has personal jurisdiction over DEFENDANTS because,
among other things, Defendants are doing
- 2 business
- in the State of California and in
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 this judicial district, the acts of infringement complained of herein occurred in the
2 State of California and in this judicial district, and Defendants have caused injury
3 to Plaintiff and their intellectual property within the State of California and in this
4 judicial district.
5 8. Venue is proper in this judicial district under 28 U.S.C. 1391(b)
6 and (c) and/or 1400 (a) and 1400(b) because it is the judicial district in which
7 DEFENDANTS reside and have committed acts of infringement and have a
8 regular and established place of business.
9 GENERAL ALLEGATIONS
10 9. UZBL is the assignee and owner of all rights, title and interest in U.S.
11 Design Patent No. D763,853 (the 853 patent), entitled Tablet Computer Case.
12 The 853 patent was duly and legally issued on August 16, 2016, by the United
13 States Patent and Trademark Office. A true and correct copy of 853 patent is
14 attached as Exhibit A. UZBL has retained all rights to enforce the 853 patent.
15 10. UZBL is the assignee and owner of all rights, title and interest in U.S.
16 Copyright Registration No. VA 1-912-803 (the 803 copyright), entitled
17 Shockwave Protective Case, for copyrighted photographs and 2-D artwork. The
18 803 copyright was duly and legally issued on July 2, 2014, by the United States
19 Copyright Office. A true and correct copy of the 803 copyright is attached as
20
Exhibit B. UZBL has retained all rights to enforce the 803 copyright.
21
11. DEFENDANTS do not have a license, permission or authority to use
22 the 853 patent or the 803 copyright and have never have had a license,
23 permission, or authority to use the 853 patent or the 803 copyright.
24 12. DEFENDANTS make, use, advertise, sale, offer for sale, import,
25 reproduce, make derivatives and/or distribute products that infringe the 853 patent
and 803 copyright, including the Caseiopeia
-3- KeepSAFE strap & KeepSAFE
____________________________________________________________________________________________
INFRINGEMENT ETC.
1
Kick line of tablet computer case products (hereinafter accused devices). Upon
2 information and belief, the DEFENDANTS accused devices include, but are not
3 limited to, the sku model numbers attached as Exhibit C. These accused
4 devices infringe the 853 patent and infringes the 803 copyright, as set forth in
5 more detail below.
6 13. DEFENDANTS had actual notice of the subject matter invention
7 disclosed in the 853 patent and 803 copyright registration since at least as early
8 as July 2, 2014, resulting from a cease and desist letter UZBL sent to
9 DEFENDANTS. A true and correct copy of the July 2, 2014 cease and desist
10 letter is attached as Exhibit D.
11
12
PIERCING CORPORATE VEIL & ALTER-EGO ALLEGATIONS
13
14. Upon information and belief, Defendant DEVICEWEAR has not
14
adhered to proper corporate and/or limited liability company formalities including
15
but not limited to: failing to hold annual meetings, failing to keep accurate and
16
detailed minutes of meetings, failing to adopt company bylaws; and failing to
17
ensure officers or members adhered to the bylaws. In view of this, Defendant
18
DEVICEWEARs limited liability/corporate protection veil should be pierced.
19
15. Upon information and belief, Defendant ROBERT LODGE is the
20
owner and managing member of DEVICEWEAR, and is in complete control of
21
DEVICEWEAR. UZBL is informed and believes that under Defendant ROBERT
22
LODGEs guidance and direction, DEVICEWEAR makes, imports, advertises,
23
offers to sell, and/or sells within the United States, including in the State of
24
California and this judicial district, infringing products incorporating UZBLs
25
patented and copyrighted technology and design. In particular, Defendant
-4-
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 ROBERT LODGE personally attended business trade shows and other events
2 which he personally saw and/or obtained information and/or samples of UZBLs
3 patented and copyrighted products and personally oversaw the illegal and
4 unauthorized copying of UZBLs copyrighted protected works and the
5 manufacture, sale and/or distribution of infringing products. Defendant ROBERT
6 LODGE did so with wanton and reckless behavior to willfully infringe UZBLs
7 copyrighted and patented products. In view of this, Defendant ROBERT LODGE
8 is also personally liable for his participation and is merely an alter ego of
9 DEVICEWEAR.
10
11 FIRST CAUSE OF ACTION

12 AGAINST ALL DEFENDANTS
13 (PATENT INFRINGEMENT)
14 16. UZBL incorporates by reference the paragraphs above as if set forth
15 herein.
16
17. The 853 patent is valid and enforceable.
17
18 UZBL is the owner, by assignment from the inventor, of all right, title
18
and interest in and to the 853 patent.
19
19. UZBL manufactures, distributes, markets and sells a novel and
20 distinct product for protecting electronic devices including laptop computers called
21 the Tablet Computer Case. The tablet computer case is designed according to
22 the design claimed in the 853 patent.
23 20. Through its own website and other third-party online retailer sites like
24 Amazon.com, DEFENDANTS have advertised, offered for sale, sold, and/or
25 facilitated the sale of accused devices that infringe on the 853 patent. The accused
devices sold, marketed and distributed by
- 5the
- DEFENDANTS, include at a
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 minimum, but are not necessarily limited to, the accused devices bearing the
2 product names Caseiopeia KeepSAFE strap & KeepSAFE Kick and sku model
3 numbers contained in Exhibit C.
4
21. DEFENDANTS advertise, offer for sale, and/or facilitate the sale of
5
its Caseiopeia KeepSAFE strap & KeepSAFE Kick infringing products on its
6
website by providing detailed product descriptions, pricing information, and an
7
online purchasing platform. DEFENDANTS further sell or facilitate the sale of
8
infringing products by accepting payment from consumers. On information and
9
belief, after receiving payment from consumers DEFENDANTS either pack and
10
ship the infringing product itself or work with a third party to pack and ship the
11
infringing product. A representative sample of infringing products are attached
12
hereto as Exhibit E.
13
22. An ordinary observer would conclude that the design of the infringing
14
products is substantially similar to the design claimed in the 853 patent, because
15 both contain six (6) curved grooves on the back of the protective case, six (6)
16 distinctive oval-like design members which increase incrementally in size moving
17 away from the center, rounded edges at the corners, a center stand paddle-like arm
18 member containing two distinct lines; and four rounded edges. All of the above
19 features are purely design features which are aimed to increase the aesthetic
20 appearance and distinctive appearance of the invention disclosed in the 853
21 patent.
22
23. DEFENDANTS had actual or constructive knowledge of UZBLs
23
patent rights, knew or should have known that the advertisement, offer for sale,
24 exposure for sale, sale, and facilitating of sale of the infringing products would
25 induce actual infringement, and/or acted with deliberate indifference to UZBLs
-6-
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 patent rights because, inter alia, UZBL informed DEFENDANTS of the

2 infringement.
3
24. DEFENDANTS have infringed and continue to infringe on the 853
4
patent by direct infringement, contributory infringement, and/or inducing others to
5
infringe in violation of 35 U.S.C. 271 and 289, through the advertising, using,
6
manufacturing, selling, offering for sale, exposing for sale, facilitating of sale,
7
and/or importation of the infringing products.
8
25. As a direct result of DEFENDANTS infringement, UZBL has
9
suffered, and will continue to suffer, damages, irreparable harm, and impairment of
10
the value of its patent rights.
11
26. UZBL is entitled to enjoin DEFENDANTS infringing acts and to
12
recover from it the damages sustained by UZBL as a result of DEFENDANTS
13
infringement and/or DEFENDANTS total profits as a result of its infringement, in
14
an amount to be proven at trial.
15
16
SECOND CAUSE OF ACTION
18 (COPYRIGHT INFRINGEMENT)
20 herein.
21 28. The 803 copyright is valid and enforceable.
22 29. UZBL is the author and claimant, of all right, title and interest in and
23 to the 803 copyright registration.
24 30. UZBL has created original works of authorship in the photographs, 2-
25 D artwork as disclosed in its 803 copyright registration.
-7-
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 31. Through their conduct stated herein, Defendants have infringed

2 UZBLs copyright registration in violation of Sections 106 and 501 of the
3 Copyright Act, 17 U.S.C. 106 and 501.
4
32. DEFENDANTS have reproduced UZBLs copyrighted work,
5
prepared derivative works of UZBLs copyrighted work, and/or distributed copies
6 (and/or caused to be reproduced, prepared, and/or distributed) that are substantially
7 similar to UZBLs copyrighted work without UZBLs permission or authorization.
8 33. Upon information and belief, DEFENDANTS infringing works
9 include, but not limited to, the DEFENDANTS products identified in Exhibit C.
10 34. DEFENDANTS acts of infringement are willful, intentional and
11 purposeful, in disregard of and with indifference to UZBLs rights.
12 35. As a direct and proximate result of said infringement by
13 DEFENDANTS, UZBL is entitled to damages in an amount to be proven at trial.
14 36. UZBL is also entitled to DEFENDANTS actual damages and profits
15 attributable to the infringement, pursuant to 17 USC 504(b) or statutory damages
16 attributable to the infringement, pursuant to17 USC 504(c), including an
17 accounting of and a constructive trust with respect to such profits.
18 37. UZBL is also entitled to their attorneys fees and full costs pursuant to
19 17 USC 505 and otherwise according to law.
20 38. As a direct and proximate result of the foregoing acts and conduct,
21 UZBL has sustained and will continue to sustain substantial, immediate, and
22 irreparable injury, for which there is no adequate remedy at law. UZBL is
23 informed and believe and on that basis, assert that unless enjoined and restrained
24 by this Court, DEFENDANTS will continue to infringe UZBLs rights in its
25 copyrighted work. UZBL is entitled to preliminary and permanent injunctive relief
to restrain and enjoin DEFENDANTS continuing
-8- infringing conduct.
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 THIRD CAUSE OF ACTION

3 (FEDERAL UNFAIR COMPETITION- 15 U.S.C. 1125)
5 herein.
6 40. As alleged above, DEFENDANTS have advertised, offered for sale,
7 sold, and/or facilitated the sale of its Caseiopeia KeepSAFE strap & KeepSAFE
8 Kick product line (See Exhibit C).
9 41. On information and belief, products sold under the Caseiopeia
10 KeepSAFE strap & KeepSAFE Kick product line are a direct copy, or knock-
11 off, of UZBLs patented tablet computer case devices and were intentionally
12 copied in an effort to profit from UZBLs commercial success, good will, and
13 business reputation.
14 42. These actions violate section 43(a) of the Lanham Act, 15 U.S.C.
15 section 1125(a).
16 43. These actions are also likely to deceive customers regarding the
17 origins of the Caseiopeia KeepSAFE strap & KeepSAFE Kick devices and the
18 connection of these devices to UZBL and its Shockwave tablet computer case
19 devices (See Exhibits A & B).
20 44. As a direct and proximate result of the willful acts and conduct of
21 DEFENDANTS, UZBL has been harmed and has suffered financial losses.
22 Because each of the infringing products competes directly with UZBLs
23 Shockwave product line (See Exhibits A & B) the unlawful and unfair sale of
24 these infringing products (See Exhibits C & E) has resulted in UZBLs loss of
25 sales of its Shockwave tablet computer product line, erosion in the marketplace
-9-
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 for laptop protective cases, and/or damages to UZBLs business reputation from
2 false customer belief that UZBL is associated with the infringing products.
4 DEFENDANTS, UZBL has therefore been injured and will continue to suffer
5 irreparable injury to its business and reputation unless DEFENDANTS are
6 restrained by the Court from continuing such unlawful and unfair business
7 practices and acts of unfair competition.
8 46. DEFENDANTS acts have caused damage to UZBL, including
9 incidental and general damages, lost profits, and out-of-pocket expenses.
10 DEFENDANTS should therefore be required to disgorge and restore to UZBL all
11 lost profits, DEFENDANTS sales of infringing goods and other expenses as may
12 be incurred by UZBL.
13 47. Pursuant to 15 U.S.C. 1125, UZBL is entitled to enjoin these
14 practices.
15 FOURTH CAUSE OF ACTION
17 (CALIFORNIA BUSINESS AND PROFESSIONS CODE
18 17200 et seq. and 17500)
20 herein.
21 49. As alleged above, DEFENDANTS have advertised, offered for sale,
22 sold, and/or facilitated the sale of its Caseiopeia KeepSAFE strap & KeepSAFE
23 Kick product line (See Exhibit C).
24
50. On information and belief, products sold under the Caseiopeia
25
KeepSAFE strap & KeepSAFE Kick product line are a direct copy, or knock-
- 10 -
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 off, of UZBLs patented case line and were intentionally copied in an effort to
2 profit from UZBLs commercial success, good will, and business reputation.
3 51. These actions violate section 43(a) of the Lanham Act, 15 U.S.C.
4 section 1125(a), and therefore constitute unlawful conduct within the meaning of
5 California Business & Professions Code 17200.
6 52. These actions are also likely to deceive customers regarding the
7 origins of the Caseiopeia KeepSAFE strap & KeepSAFE Kick product line and
8 the connection of these products to UZBL and its Shockwave tablet computer
9 case line (See Exhibits A & B), and therefore constitute fraudulent business
10 practices within the meaning of California Business & Professions Code 17200.
12
DEFENDANTS, UZBL has been harmed and has suffered financial losses.
13
Because each of the infringing products competes directly with UZBLs
14
Shockwave product line (See Exhibits A & B) the unlawful and unfair sale of
15
these infringing products (See Exhibits C & E ) has resulted in UZBLs loss of
16
sales of its Shockwave tablet computer product line, erosion in the marketplace
17
for tablet protective cases, and/or damages to UZBLs business reputation from
18
false customer belief that UZBL is associated with the infringing products.
19
54. As a direct and proximate result of the willful acts and conduct of
20
DEFENDANTS, UZBL has therefore been injured and will continue to suffer
21 irreparable injury to its business and reputation unless DEFENDANTS are
22 restrained by the Court from continuing such unlawful and unfair business
23 practices and acts of unfair competition.
24 55. DEFENDANTS acts have caused damage to UZBL, including
25 incidental and general damages, lost profits, and out-of-pocket expenses.
- 11 -
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 DEFENDANTS should therefore be required to disgorge and restore to UZBL all

2 profits and other expenses as may be incurred by UZBL.
3 56. Pursuant to California Business & Professions Code 17203, UZBL
4 is entitled to enjoin these practices.
5
6 PRAYER FOR RELIEF

7 WHEREFORE, UZBL prays for the following relief:
8 1. That judgment be entered in favor of UZBL that the 853 patent is
9 valid and enforceable, and that DEFENDANTS have and are infringing the 853
10 patent.
11 2. That judgment be entered in favor of UZBL that the 803 copyright is
12 valid and enforceable, and that DEFENDANTS have and are infringing the 803
13 copyright.
14 3. An award of damages for infringement of the 853 patent, together
15 with prejudgment interest and costs, said damages to be trebled by reason of the
16 intentional and willful nature of DEFENDANTS infringement, as provided by 35
17 U.S.C. 284; and/or 35 U.S.C. 289.
18 4. An award of damages for infringement of the 803 copyright, together
19 prejudgment interest and costs, said damages to be increased by reason of the
20 intentional and willful nature of DEFENDANTS infringement, as provided by
21 17 U.S.C. 504.
22 5. That preliminary and permanent injunctions be issued pursuant to 35
23 U.S.C. 283 enjoining DEFENDANTS, its officers, agents, servants, employees,
24 and all other persons acting in concert or participation with it from further
25 infringement of the 853 patent;
- 12 -
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 6. That preliminary and permanent injunctions be issued prohibiting

2 DEFENDANTS, its officers, agents, servants, employees, and all other persons
3 acting in concert or participation with it from further infringement of the 803
4 copyright;
5 7. That a preliminary and permanent injunction be issued pursuant to
6 California Business & Professions Code 17203 enjoining DEFENDANTS, its
7 officers, agents, servants, and employees, and all other persons acting in concert or
8 participation with it, from engaging in the identified (and any other) acts of unfair
9 competition underlying California Business & Professions Code 17200;
10 8. That UZBL be awarded all compensatory, enhanced, special, and
11 other damages, with prejudgment interest, that it is entitled to under the patent
12
statutes, copyright statutes, and Lanham Act according to proof at trial;
13
9. For an accounting of, and the imposition of constructive trust with
14
respect to, DEFENDANTS profits attributable to their infringement of UZBLs
15
803 copyright;
16
10. That the Court grant UZBL restitution from DEFENDANTS by
17
disgorgement of all profits earned through DEFENDANTS conduct;
18
11. For restitution of any money or property DEFENDANTS wrongfully
19
obtained, pursuant Business and Professions Code section 17203;
20
12. An award of UZBLs attorneys fees pursuant to 35 U.S.C. 285 in
21
that this is an exceptional case.
22
13. That UZBL recover from DEFENDANTS attorneys fees, costs and
23 disbursements relating to this action because this is an exceptional case pursuant
24 to the Lanham Act;
25 14. That UZBL be awarded attorneys fees and costs against
DEFENDATS pursuant to 17 U.S.C. 505;
- 13 -
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 15. That UZBL be awarded attorneys fees and costs against

2 DEFENDANTS under California Business & Professions Code 17200; and
3 16. That any monetary award include pre- and post-judgment interest at
4 the highest rate allowed by law;
5 17. That UZBL be awarded such further relief as the Court deems just and
6 proper.
7 DATED: November 7, 2017 RHEMA LAW GROUP P.C.
8
10
By: 4
11
JOHN D. TRAN
12 Attorneys for Plaintiff
UZBL, LLC
13
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- 14 -
____________________________________________________________________________________________
INFRINGEMENT ETC.
1 DEMAND FOR JURY TRIAL

2 Plaintiff UZBL, LLC hereby demands a jury trial on all issues so triable.
3
4 Dated: November 7, 2017 RHEMA LAW GROUP P.C.

5
6
By: 4
7
8 JOHN D. TRAN
Attorneys for Plaintiff
9 UZBL, LLC
10
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- 15 -
____________________________________________________________________________________________
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1-1 Filed 11/07/17 Page 1 of 7 Page ID #:16
EXHIBIT A
EXHIBIT B
EXHIBIT C
ACCUSED DEVICES (Caseiopeia KeepSAFE Strap & KeepSAFE Kick)
MANUFACTURER SKUS
KSK-IPA2
KSK-IPA2-BLK
KSK-IPA2-WHT
KSK-IPA2-ORN
KSK-IPA2-PNK
KSK-IPA2-RED
KSK-IPA2-LBLU
KSK-IPA2-BLU
KSK-IPA2-PUR
KSK-IP4
KSK-IP4-BLK
KSK-IP4-WHT
KSK-IP4-ORA
KSK-IP4-PNK
KSK-IP4-RED
KSK-IP4-LBLU
KSK-IP4-BLU
KSK-IP4-PUR
KSK-IPMR
KSK-IPMR-BLK
KSK-IPMR-WHT
KSK-IPMR-ORA
KSK-IPMR-PNK
KSK-IPMR-RED
KSK-IPMR-LBLU
KSK-IPMR-BLU
KSK-IPMR-PUR
KSS-IPMR
KSS-IPMR-BLK
KSS-IPMR-WHT
KSS-IPMR-ORA
KSS-IPMR-PNK
KSS-IPMR-RED
KSS-IPMR-LBLU
KSS-IPMR-BLU
KSS-IPMR-PUR
KSK-IPA
KSK-IPA-BLK
KSK-IPA-WHT
KSK-IPA-ORN
KSK-IPA-PNK
KSK-IPA-RED
KSK-IPA-LBLU
KSK-IPA-BLU
KSK-IPA-PUR
KSS-IPA
KSS-IPA-BLK
KSS-IPA-WHT
KSS-IPA-ORN
KSS-IPA-PNK
KSS-IPA-RED
KSS-IPA-LBLU
KSS-IPA-BLU
KSS-IPA-PUR
EXHIBIT D
VIA CERTIFIED USPS MAIL & EMAIL: rdodge@defttech.com
July 2, 2014
Robert Dodge
Device Wear
4470 Yankee Hill Rd.
Rocklin, CA 95677
Re: Notice of Intellectual Property Rights

Our Ref. File No. RHELG_16752.12_uzbl
Dear Mr. Dodge:
Our firm represents UZBL LLC (herein collectively UZBL) with regard to
enforcement of its intellectual property rights. UZBL is the owner of intellectual property
covering its line of iPad protective cases. It has come to our attention that Devicewear
is currently selling a line of similar iPad protective cases that may be infringing one or
more of UZBLs intellectual property rights.
As seen in Exhibit A, Devicewears accused product line Caseiopeia has

striking substantial similarities to UZBLs ShockWave that would lead an ordinary
observer to believe the two products are substantially the same. See Egyptian Goddess,
Inc. v. Swisa, Inc., 543. F. 3d 665, 671 9 (Fed. Cir. 2008); See also Feist Publns, Inc. v.
Rural Tel. Serv. Co., 499 U.S. 340, 361 (1991).
Under the applicable federal laws, patent and copyright infringement are strict
liability torts and thus infringement can occur intentionally or accidentally. Under the
circumstances, your continued sale of these products is unlawful and actionable under
both federal and state laws, including claims of patent infringement, copyright
infringement, unfair competition, false designation of origin and/or unfair business
practices. Accordingly, a court may prevent you from selling and using the accused
products by entering an injunction against you, and may require you to pay monetary
damages, including UZBLs lost profits and a disgorgement of your profits, as well as our
attorney fees and costs in pursuing this matter.
UZBL has invested significant time and resources in creating, developing,

designing and selling its popular Shockwave line of cases and consider the violation of
its intellectual property rights on this line of products to be a very serious matter.
UZBL has authorized us to file a lawsuit if necessary to protect its rights. However,
UZBL prefers to resolve this matter amicably and without resorting to taking legal action.
Devicewear
Page 2
July 2, 2014
__________________________________________
To avoid such legal action, you must:
(1) Immediately stop any and all selling, manufacturing, distributing and/or
using Devicewears accused device product line shown in Exhibit A and
any other Devicewears products that are substantially similar to these
accused devices.
(2) Immediately stop any and all advertising, promoting, or marketing the
said accused device line shown in Exhibit A and any other Devicewear
products that are substantially similar to these accused devices;
Should you fail or refuse to comply with the demands set forth, UZBL has
authorized us to take all appropriate steps to protect its rights. In addition, should UZBL
be required to pursue its claim in a legal action, we will move for sanctions, including all
attorneys fees and costs at the completion of this matter. Please further be advised that
any continued sale or use of the accused products after the receipt of this letter will
subject you to claims of willful infringement and a claim for enhanced damages.
Please respond within 14 days of this letter in regards to your intended course of
action. If you have questions, please contact us, otherwise, we expect and appreciate full
cooperation from you in this matter and look forward to reaching an amicable resolution
for all parties involved.
Sincerely,
RHEMA LAW GROUP, P.C.
4
John D. Tran
jdt@rhemalaw.com
949-852-4430
EXHIBIT A
UZBL Shockwave vs Devicewear Accused Devices
vs.
UZBL Shockwave Devicewear Caseiopeia KeepSAFE

Copyright
vs.
UZBL Shockwave Devicewear Caseiopeia KeepSAFE

Design Patent Application (pending)
EXHIBIT E

Uzbl v. Devicewear - Complaint

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Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 1 of 15 Page ID #:1

1 JOHN D. TRAN, ESQ. (State Bar No. 231761)

8 Attorneys for Plaintiff UZBL, LLC, a California Limited Liability Company

1 Plaintiff UZBL, LLC (hereinafter UZBL) hereby complains against

11 FIRST CAUSE OF ACTION

25 induce actual infringement, and/or acted with deliberate indifference to UZBLs

1 patent rights because, inter alia, UZBL informed DEFENDANTS of the

1 31. Through their conduct stated herein, Defendants have infringed

1 THIRD CAUSE OF ACTION

23 Kick product line (See Exhibit C).

1 DEFENDANTS should therefore be required to disgorge and restore to UZBL all

6 PRAYER FOR RELIEF

1 6. That preliminary and permanent injunctions be issued prohibiting

1 15. That UZBL be awarded attorneys fees and costs against

1 DEMAND FOR JURY TRIAL

4 Dated: November 7, 2017 RHEMA LAW GROUP P.C.

VIA CERTIFIED USPS MAIL & EMAIL: rdodge@defttech.com

Re: Notice of Intellectual Property Rights

Dear Mr. Dodge:

As seen in Exhibit A, Devicewears accused product line Caseiopeia has

UZBL has invested significant time and resources in creating, developing,

To avoid such legal action, you must:

RHEMA LAW GROUP, P.C.

UZBL Shockwave Devicewear Caseiopeia KeepSAFE

UZBL Shockwave Devicewear Caseiopeia KeepSAFE

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