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Case 8:18-cv-01862 Document 1 Filed 10/17/18 Page 1 of 21 Page ID #:1

1 NICHOLAS A. BROWN (SBN 198210)
brownn@gtlaw.com
2 GREENBERG TRAURIG, LLP
4 Embarcadero Center, Suite 3000
3 San Francisco, CA 94111-5983
Telephone: 415.655.1271
4 Facsimile: 415.520.5609

5 Attorneys for Plaintiffs Chende LLC and
Guangzhou Tuodian Trade Co., Ltd.
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7 UNITED STATES DISTRICT COURT

8 FOR THE CENTRAL DISTRICT OF CALIFORNIA

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CHENDE LLC and GUANGZHOU Case No.: ________
10 TUODIAN TRADE CO., LTD.,
COMPLAINT FOR
11 Plaintiffs, DECLARATORY JUDGEMENT

12 v.
DEMAND FOR JURY TRIAL
13 IMPRESSIONS VANITY CO.

14 Defendant.

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Case 8:18-cv-01862 Document 1 Filed 10/17/18 Page 2 of 21 Page ID #:2

1 Plaintiffs Chende LLC and Guangzhou Tuodian Trade Co. Ltd., (collectively,
2 “Tuodian”) bring this complaint for declaratory judgment against Defendant
3 Impressions Vanity Co. (“Impressions Vanity”) and alleges as follows:
4 NATURE OF THE ACTION
5 1. This is an action for a declaratory judgment of arising under the
6 Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and the patent laws of the
7 United States, 35 U.S.C. §§ 1 et seq. Tuodian requests a judicial declaration that U.S.
8 Design Patent Nos. 779,835 (the “’835 patent”), and 809,322 (the “’322 patent”) are
9 invalid and not infringed by Tuodian.
10 2. True and correct copies of the ’835 patent and ’322 patent are attached as
11 exhibits A and B.
12 PARTIES
13 3. Plaintiff Guangzhou Tuodian Trade Co. Ltd. is a corporation organized
14 and existing under the laws of China, with a principal place of business located in
15 Building 1, Tian'an Headquarters Center, No. 555 Panyu Avenue North, Panyu
16 District, Guangzhou, China.
17 4. Plaintiff Chende LLC is a company organized and existing under the
18 laws of California, and located at 49 Lilac, Lake Forest, California, 92630. Chende
19 LLC is an affiliate of Guangzhou Tuodian Trade Co. Ltd..
20 5. Upon information and belief, Defendant Impressions Vanity is a
21 corporation organized and existing under the laws of the state of Delaware, with a
22 principal place of business at 1402 Morgan Circle, Tustin, California, 92780.
23 6. Impressions Vanity is the owner and assignee of the ’835 patent.
23 7. Impressions Vanity is the owner and assignee of the ’322 patent.

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1 JURISDICTION AND VENUE
2 8. This action arises under the Patent Laws of the United States, 35 U.S.C.
3 §§ 101 et seq., including 35 U.S.C. § 271. This Court has subject matter jurisdiction
4 over this matter pursuant to 28 U.S.C. §§ 2201, 2202, 1331 and 1338(a).
5 9. This Court has general personal jurisdiction over Defendant Impressions
6 Vanity because Impressions Vanity has continuous and systematic contacts with this
7 judicial district and maintains its principal place of business in this judicial district at
8 1402 Morgan Circle, Tustin, California, 92780. Impressions Vanity, by conducting
9 business within California, has purposefully availed itself of the benefits and
10 protections of California’s laws such that it should reasonably anticipate being haled
11 into court here.
12 10. Venue is proper in the Central District of California pursuant to 28
13 U.S.C. §§ 1391 and §1400(b). Defendant Impressions Vanity resides in this district.
14 TUODIAN’S VANITY MIRRORS AND VANITY MIRROR BUSINESS
15 11. Plaintiff Tuodian manufactures and sells a variety of lighted table-top
16 vanity mirrors in the United States under the brand name “Chende.” For example,
17 Tuodian has sold each of the vanity mirror models illustrated below through
18 Amazon.com:
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16 12. Each of these six models of vanity mirror has rounded light bulbs
17 surrounding the mirror. This style is often referred to as a “Hollywood” mirror.
18 13. For each of the vanity mirror models illustrated in paragraph 11, listings
19 on Amazon.com are Tuodian’s primary sales channel for customers in the United
20 States. Tuodian has invested significant time, energy, and capital in establishing these
21 products on Amazon.com in order to allow it to sell its products to customers in the
22 United States. If Tuodian is prevented from listing a product on Amazon.com,
23 Tuodian immediately loses its primary sales channel into the United States. That will
23 substantially prevent Tuodian from selling that product into the United States unless it

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Case 8:18-cv-01862 Document 1 Filed 10/17/18 Page 5 of 21 Page ID #:5

1 is able to establish other sales channels, such as Walmart.com and/or Chendeshop.com
2 to the same extent that it has established its sales through Amazon.com.
3 VANITY MIRRORS THAT PREDATE THE ’835 AND ’322 PATENTS
4 14. The priority date of the ’835 patent is October 1, 2015.
5 15. The priority date of the ’322 patent is November 8, 2016.
6 16. Vanity mirrors with rounded bulbs surrounding the mirror have been
7 known, used, sold, and offered for sale in the United States for decades before the
8 priority dates of the ’835 and ’322 patents.
9 17. U.S. Patent No. RE25,302, titled “Make-Up Mirror,” issued on June 18,
10 1963 to Michael Myerberg. The Myerberg patent describes a lighted table-top vanity
11 mirrors with rounded bulbs surrounding the mirror and includes the following figures:
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20 18. U.S. Patent No. 3,757,103, titled “Make-Up Mirror,” issued on

21 September 4, 1973 and was assigned to Clairol Inc. The Clairol patent describes a

22 lighted vanity mirror with rounded bulbs on both side edges of the mirror and includes

23 the following figure:

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7 19. Vanity Girl Hollywood™ was offering for sale and/or selling the mirror

8 pictured below in the United States at least as early as 2010 through the website

9 www.vanitygirlhollywood.com:

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17 20. The Vanity Girl Hollywood™ mirror pictured above is higher than it is
18 wide, has an oval base, and has five light bulbs on its top edge, and five light bulbs on
19 each of its side edges.
20 21. Then Designs Pty. Ltd., d/b/a “Then Beauty”, was selling the mirrors
21 pictured below offering for sale and/or selling the mirrors pictured below in the
22 United States at least as early as June 24, 2014:
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8 22. The Then Beauty™ mirror pictured above is higher than it is wide, has an
9 oval base, and has four light bulbs on its top edge, and five light bulbs on each of its
10 side edges.
11 23. ImpactVanity of Macomb, Michigan was offering for sale and/or selling
12 the mirror pictured below in the United States at least as early as April, 2015 through
13 the website www.etsy.com:
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21 24. The ImpactVanity mirror pictured above is roughly square, has no base,

22 and has four light bulbs on its top edge, and four light bulbs on each of its side edges.

23 25. Powerful Vision Ltd. was offering for sale and/or selling into the United

23 States multiple versions of its “Hollywood Mirror,” including all of the mirrors

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Case 8:18-cv-01862 Document 1 Filed 10/17/18 Page 8 of 21 Page ID #:8

1 pictured below, at least as early as 2012 through the website www.illuminated-
2 mirrors.uk.com. By 2013 Powerful Vision Ltd. was also offering for sale and/or
3 selling into the United States identical mirrors with in both a “LED version” and a
4 regular version. By 2014 Powerful Vision Ld. was using the trademark Diamond X
5 Collection™ for at least some of the illuminated mirrors it was offering for sale.
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Case 8:18-cv-01862 Document 1 Filed 10/17/18 Page 9 of 21 Page ID #:9

1 26. The first mirror pictured in paragraph 25 above is roughly square, has no
2 base, and has four light bulbs on its top edge, and four light bulbs on each of its side
3 edges. It may also be seen on www.amazon.co.uk with the listing title “Diamond X
4 Wallmount Hollywood Makeup Mirror with Daylight Dimmable LED” as well as
5 through the video available at www.youtube.com/watch?v= gCl1CDzR4Zs.
6 27. The second mirror pictured in paragraph 25 above is higher than it is
7 wide, has no base, has four light bulbs on its top edge, and has five light bulbs on each
8 of its side edges.
9 28. The third mirror pictured in paragraph 25 above is wider than it is high,
10 has no base, has seven light bulbs on its top edge, and has four light bulbs on each of
11 its side edges.
12 29. The fourth mirror pictured in paragraph 25 above is wider than it is high,
13 has no base, has five light bulbs on its top edge, and has four light bulbs on each of its
14 side edges.
15 30. The fifth mirror pictured in paragraph 25 above is wider than it is high,
16 has no base, has five light bulbs on its top edge, and has four light bulbs on each of its
17 side edges.
18 31. The light bulb pictured in paragraph 25 above is a replacement LED bulb
19 for the mirrors identified in paragraphs 25-31 that was offered for sale and/or sold
20 through the website www.illuminated-mirrors.uk.com.
21 32. Hollywood Vanity was offering for sale and/or selling the mirror pictured
22 below in the United States at least as early as January, 2015 through the website
23 www.amazon.com with the listing title “Chic Hollywood Lighted Make-up Vanity
23 Back Stage Mirror”:

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7 33. The Hollywood Vanity mirror pictured above is higher than it is wide,
8 has a rectangular base, and has two light bulbs on its top edge, and four light bulbs on
9 each of its side edges.
10 34. SOLED, d/b/a Soleda Mirror, was offering for sale and/or selling the
11 mirrors pictured below at least as early as 2014 through the websites Lustra-led.pl and
12 Soled.pl, and through the video available at https://www.youtube.com/watch?v=
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1 35. The Soleda Make-up Stand pictured in the first two pictures above is
2 higher than it is wide, has a rectangular base, and has two light bulbs on its top edge
3 and four light bulbs on each of its side edges.
4 36. The Soleda Mirror pictured in the last picture above is wider than it is
5 high, has no base, has five light bulbs on its top and bottom edges, and has four light
6 bulbs on each of its side edges.
7 37. All of the mirrors identified in paragraphs 17-35 are prior art to the ’835
8 and ’322 patents under 35 U.S.C. § 102(b) and/or 35 U.S.C. § 102(b) because they
9 were known, used, sold, and offered for sale in the United States before the priority
10 dates of the ’835 and ’322 patents.
11 IMPRESSIONS VANITY’S ALLEGATIONS OF INFRINGEMENT
12 38. On or about September 27, 2018, Tuodian received a notice from
13 Amazon that one of its Chende-branded table-top vanity mirrors was being delisted
14 (i.e. removed) from Amazon.com, meaning that Tuodian can no longer sell this
15 product on Amazon.com. The delisted mirror is the first mirror model shown in
16 paragraph 11 above, and is also shown below:
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23 39. The table-top vanity mirror that was delisted from Amazon.com is wider

23 than it is high, has a rectangular base, and has six light bulbs on its top edge, and four

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Case 8:18-cv-01862 Document 1 Filed 10/17/18 Page 12 of 21 Page ID #:12

1 light bulbs on each of its side edges.
2 40. The September 27, 2018 notice from Amazon stated that “We received a
3 report from a rights owner believes the items at the end of this email infringe their
4 patent: D779835. We may let you list this content again if we receive a retraction
5 from the rights owner.” The notice then identified an email address ending in
6 “@impressionsvanity.com.”
7 41. Plaintiff Impressions Vanity submitted to Amazon the “report from a
8 rights owner” that is referred to in the September 27, 2018 notice. In that report,
9 Impressions Vanity alleged that at least the first mirror model illustrated in paragraph
10 11 above infringed its ’835 patent.
11 42. As a direct result of Plaintiff Impressions Vanity’s allegation of
12 infringement, Amazon.com delisted the first mirror model illustrated in paragraph 11
13 above, with the result that Tuodian can no longer sell that mirror on Amazon.com.
14 37. Accordingly, Tuodian’s sales to customers in the United States of the
15 first mirror model illustrated in paragraph 11 have been almost entirely halted.
16 43. Plaintiff Impressions Vanity did not contact, consult with, or otherwise
17 notify Tuodian prior to submitting the report to Amazon alleging that Tuodian
18 infringed the its ’835 patent.
19 44. Amazon did not contact, consult with, or otherwise notify Tuodian prior
20 to delisting the first mirror model illustrated in paragraph 11 from Amazon.com based
21 on Impressions Vanity’s allegation of infringement of the ’835 patent.
22 TUODIAN DOES NOT INFRINGE THE ’832 AND ’322 PATENTS
23 45. Tuodian does not infringe the ’835 patent.
23 46. There are two table-top vanity mirrors pictured in the ’835 patent. As

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Case 8:18-cv-01862 Document 1 Filed 10/17/18 Page 13 of 21 Page ID #:13

1 shown Figures 1 and 8, which are reproduced below as well as on the first page of the
2 ’835 patent, one of these mirrors is wider than it is high, and the other mirror is higher
3 than it is wide. The mirror in the ’835 patent that is wider than it is high is shown in
4 Figure 1, has an oval base, and has seven light bulbs on its top edge and five light
5 bulbs on each of its side edges. The mirror in the ’835 patent that is higher than it is
6 wide is shown in Figure 8, has an oval base, and has four light bulbs on its top edge
7 and five light bulbs on each of its side edges.
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15 47. An ordinary observer, familiar with the prior art described above, would

16 not believe that the design of any of the six table-top vanity mirrors sold by Tuodian

17 and illustrated in paragraph 11 above was substantially the same as the patented

18 design(s) of the ’835 patent.

19 48. Only one of the six Tuodian mirrors illustrated in paragraph 11 has an

20 oval base, specifically the sixth mirror shown in paragraph 11. That Tuodian mirror is

21 higher than it is wide, and has four light bulbs on its top edge and four light bulbs on

22 each of its side edges. That is different from the mirror in the ’835 patent that is

23 higher than it is wide, which has four light bulbs on its top edge and five light bulbs

23 each of its side edges.

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1 49. The first and third Tuodian mirrors illustrated in paragraph 11 is each
2 wider than it is high. Each of those Tuodian mirrors has a rectangular base, and has
3 six light bulbs on its top edge and four light bulbs on each of its side edges. That is
4 different from the mirror in the ’835 patent that is wider than it is high, which has an
5 oval base and has seven light bulbs on its top edge and five light bulbs each of its side
6 edges.
7 50. The second Tuodian mirror illustrated in paragraph 11 is higher than it is
8 wide. It has a rectangular base with two vertical supports that allow the mirror to be
9 tilted. That is different from the mirror in the ’835 patent that is higher than it is wide,
10 which has an oval base, no vertical supports, and cannot be tilted.
11 51. The fourth Tuodian mirror illustrated in paragraph 11 is wider than it is
12 high. It has a no base and leans back on a picture-frame like support. It has four light
13 bulbs, one in each corner, i.e. two light bulbs on each edge. That is different from the
14 mirror in the ’835 patent that is wider than it is high, which has an oval base and has
15 seven light bulbs on its top edge and five light bulbs each of its side edges.
16 52. The fifth Tuodian mirror illustrated in paragraph 11 is higher than it is
17 wide. It has a rectangular base and has four light bulbs in an arc—not a straight line—
18 across its top edge, as well as four light bulbs on each of its side edges. That is
19 different from the mirror in the ’835 patent that is higher than it is wide, which has
20 four light bulbs in a straight line on its top edge and five light bulbs each of its side
21 edges.
22 53. Tuodian does not infringe the ’322 patent.
23 54. There is one table-top vanity mirrors pictured in the ’322 patent. As
23 shown Figures 1 and 8, which are reproduced below, the mirror of the ’322 patent is

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1 higher than it is wide. It has an oval base and has four light bulbs on its top edge and
2 five light bulbs on each of its side edges. Additionally, the mirror may be opened like
3 a cabinet to reveal a storage space inside.
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11 55. An ordinary observer, familiar with the prior art described above, would
12 not believe that the design of any of the six table-top vanity mirrors sold by Tuodian
13 and illustrated in paragraph 11 above was substantially the same as the patented
14 design(s) of the ’322 patent.
15 56. Only one of the six Tuodian mirrors illustrated in paragraph 11 has an
16 oval base, specifically the sixth mirror shown in paragraph 11. That Tuodian mirror is
17 higher than it is wide, has four light bulbs on its top edge and four light bulbs on each
18 of its side edges, and does not open like a cabinet. That is different from the mirror in
19 the ’322 patent, which has four light bulbs on its top edge and five light bulbs each of
20 its side edges, and opens like a cabinet.
21 57. The first and third Tuodian mirrors illustrated in paragraph 11 is each
22 wider than it is high, has a rectangular base, has six light bulbs on its top edge and
23 four light bulbs on each of its side edges, and does not open like a cabinet. That is
23 different from the mirror in the ’322 patent, which is higher than it is wide, has an

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1 oval base, which has four light bulbs on its top edge and five light bulbs each of its
2 side edges, and opens like a cabinet.
3 58. The second Tuodian mirror illustrated in paragraph 11 is higher than it is
4 wide, has a rectangular base with two vertical supports that allow the mirror to be
5 tilted, and does not open like a cabinet. That is different from the mirror in the ’322
6 patent, has an oval base with no vertical supports, cannot be tilted, and opens like a
7 cabinet.
8 59. The fourth Tuodian mirror illustrated in paragraph 11 is wider than it is
9 high. It has a no base, leans back on a picture-frame like support, and does not open
10 like a cabinet. It has four light bulbs, one in each corner, i.e. two light bulbs on each
11 edge. That is different from the mirror in the ’322 patent, which is higher than it is
12 wide, has an oval base, has four light bulbs on its top edge and five light bulbs each of
13 its side edges, and opens like a cabinet.
14 60. The fifth Tuodian mirror illustrated in paragraph 11 is higher than it is
15 wide, has a rectangular base and has four light bulbs in an arc—not a straight line—
16 across its top edge, as well as four light bulbs on each of its side edges, and does not
17 open like a cabinet. That is different from the mirror in the ’322 patent which has an
18 oval base, four light bulbs in a straight line on its top edge and five light bulbs each of
19 its side edges, and opens like a cabinet.
20 61. An immediate, real, and justiciable controversy exists between Tuodian
21 and Impressions Vanity as to whether the first mirror illustrated in paragraph 11
22 infringes the ’835 patent, because Impressions Vanity specifically alleged that the
23 mirror infringes the ’835 patent in the “rights owner report” that it submitted to
23 Amazon despite the extensive and significant differences between the accused mirror

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1 and the mirrors shown in the ’835 patent, because Amazon has removed the accused
2 mirror from Amazon.com, because Amazon has stated that it may let Tuodian list the
3 accused mirror again “if we receive a retraction from the rights owner,” and because
4 as a result of Amazon de-listing the accused mirror in response to the infringement
5 allegations made by Impressions Vanity, Tuodian has lost its primary U.S. sales
6 channel and its sales to U.S. customers of the accused mirror have been dramatically
7 diminished.
8 62. An immediate, real, and justiciable controversy exists between Tuodian
9 and Impressions Vanity as to whether each of the other Tuodian mirrors illustrated in
10 paragraph 11 infringes the ’835 patent, because as a result of Impressions Vanity’s
11 actions, there is a real and immediate threat that each of those products will be
12 removed from Amazon.com without any notice to or consultation with Tuodian,
13 notwithstanding the extensive and significant differences between each of those
14 mirrors and the mirrors shown in the ’835 patent. Were that to occur for any of those
15 mirrors, Tuodian would immediately lose its primary U.S. sales channel for that
16 mirror, and its sales to U.S. customers would be dramatically diminished.
17 63. An immediate, real, and justiciable controversy exists between Tuodian
18 and Impressions Vanity as to whether each of the Tuodian mirrors illustrated in
19 paragraph 11 infringes the ’322 patent, because as a result of Impressions Vanity’s
20 actions, there is a real and immediate threat that each of those products will be
21 removed from Amazon.com without any notice to or consultation with Tuodian.
22 Were that to occur for any of those mirrors, Tuodian would immediately lose its
23 primary U.S. sales channel for that mirror, and its sales to U.S. customers would be
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Case 8:18-cv-01862 Document 1 Filed 10/17/18 Page 18 of 21 Page ID #:18

1 COUNT ONE
2 Declaratory Judgment Of Non-Infringement Of The ’835 Patent
3 64. Tuodian restates and realleges each of the assertions set forth in
4 Paragraphs 1 through 63 above.
5 65. Tuodian has not infringed and does not infringe the ’835 patent directly
6 or indirectly, either literally or under the doctrine of equivalents, for at least the
7 reasons specifically set forth in paragraphs 45-52.
8 66. There is an actual controversy, within the meaning of 28 U.S.C. § 2201
9 and § 2202, between Tuodian and Impressions Vanity concerning the non-
10 infringement of the ‘835 patent.
11 67. Tuodian is therefore entitled to a declaratory judgment that it has not
12 infringed the ’835 patent, directly or indirectly, either literally or under the doctrine of
13 equivalents.
14 COUNT TWO
15 Declaratory Judgment Of Invalidity Of The ’835 Patent
16 68. Tuodian restates and realleges each of the assertions set forth in
17 Paragraphs 1 through 63 above.
18 69. The ’835 patent is invalid under 35 U.S.C. § 102 and/or 35 U.S.C. §103
19 based on one or more of the prior art vanity mirrors described above in paragraphs 16-
20 36 above.
21 70. The ’835 patent is also invalid for failure to satisfy the requirements of
22 35 U.S.C. § 112, at least because it does not meet the enablement or definiteness
23 requirements because it fails to sufficiently specify the claimed mirror design. For
23 example, there are two different and distinct mirrors shown in the figures and an

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1 ordinary observer cannot discern from the figures whether the ’835 patent claims the
2 design of each of the two mirrors alone, both mirrors together, some feature shared by
3 both mirrors, or something else.
4 71. There is an actual controversy, within the meaning of 28 U.S.C. § 2201
5 and § 2202, between Tuodian and Impressions Vanity concerning the invalidity of the
6 ’835 patent.
7 72. Tuodian is therefore entitled to a declaratory judgment that the ’835
8 patent is invalid.
9 COUNT THREE
10 Declaratory Judgment Of Non-Infringement Of The ’322 Patent
11 73. Tuodian restates and realleges each of the assertions set forth in
12 Paragraphs 1 through 63 above.
13 74. Tuodian has not infringed and does not infringe the ’322 patent directly
14 or indirectly, either literally or under the doctrine of equivalents, for at least the
15 reasons specifically set forth in paragraphs 53-60 above.
16 75. There is an actual controversy, within the meaning of 28 U.S.C. § 2201
17 and § 2202, between Tuodian and Impressions Vanity concerning the non-
18 infringement of the ’322 patent.
19 76. Tuodian is therefore entitled to a declaratory judgment that it has not
20 infringed the ’322 patent, directly or indirectly, either literally or under the doctrine of
21 equivalents.
22 COUNT FOUR
23 Declaratory Judgment Of Invalidity Of The ’322 Patent
23 77. Tuodian restates and realleges each of the assertions set forth in

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1 Paragraphs 1 through 63 above.
2 78. The ’322 patent is invalid under 35 U.S.C. § 102 and/or 35 U.S.C. §103
3 based on one or more of the prior art vanity mirrors described above in paragraphs 16-
4 36 above.
5 79. The ’322 patent is also invalid under 35 U.S.C. § 102 and/or 35 U.S.C.
6 §103 based on the ’835 patent.
7 80. The ’322 patent is also invalid for failure to satisfy the requirements of
8 35 U.S.C. § 112, at least because it does not meet the enablement or definiteness
9 requirements because it fails to sufficiently specify the claimed mirror design.
10 81. There is an actual controversy, within the meaning of 28 U.S.C. § 2201
11 and § 2202, between Tuodian and Impressions Vanity concerning the invalidity of the
12 ’322 patent.
13 82. Tuodian is therefore entitled to a declaratory judgment that the ’322
14 patent is invalid.
15 PRAYER FOR RELIEF
16 WHEREFORE, Tuodian respectfully requests that the Court enter judgment in
17 its favor against Impressions Vanity, granting the following relief:
18 a. A declaration that the ’835 patent is invalid.
19 b. A declaration that the ’322 patent is invalid.
20 c. A declaration that Tuodian does not infringe the ’835 patent, directly or
21 indirectly, either literally or under the doctrine of equivalents.
22 d. A declaration that Tuodian does not infringe the ’322 patent, directly or
23 indirectly, either literally or under the doctrine of equivalents
23 e. A judgment that this is an exceptional case and an award to Tuodian of its

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1 costs and reasonable attorneys’ fees incurred in this action as provided by 35
2 U.S.C. § 285; and
3 f. An award of costs, and expenses as allowed by law;
4 g. Such other and further relief as the Court may deem just and proper under
5 the circumstances.
6 DEMAND FOR JURY TRIAL

7 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Tuodian

8 demands jury trial on all issues and claims so triable.

9 Dated: October 17, 2018 GREENBERG TRAURIG, LLP

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By: /s/ Nicholas A. Brown _______
11 Nicholas A. Brown
12 Attorneys for Plaintiffs Chende LLC and
Guangzhou Tuodian Trade Co. Ltd.
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EXHIBIT A
Case 8:18-cv-01862 Document 1-1 Filed 10/17/18 Page 2 of 10 Page ID #:23
I 11111 1 111111 1 1 llll llll l lll lllll lllll lllll lllll l lll 111 111 1 1111 1111
US00D779835S

c12) United States Design Patent c10) Patent No.: US D779,835 S
Zhang et al. (45) Date of Patent: ** Feb. 28, 2017

(54) VANITY MIRROR OTHER PUBLI CATIONS

(71) Applicant: Impressions Vanity Company, Orange, Hollywood Glow XL Vanity Mirror, posted at Amazon.com, posting
CA (US) date Dec. 16, 2015, [online], [site visited Sep. 26, 2016]. Available
from Internet, <URL: https://www.amazon.com/Hollywood-Glow­
(72) Inventors: Yao Zhang, Temple City, CA (US); XL-Vanity-Impressions/dp/BO 19G1YV3A>.*
Dong Choi, Temple City, CA (US) (Continued)
(73) Assignee: Impressions Vanity Company, Tustin, Primary Examiner - Caron D Veynar
CA (US) Assistant Examiner - Maria Edwards
(74) Attorney, Agent, or Firm - Stetina Brunda Garred &
(**) Term: 15 Y ears Brucker
(21) Appl. No.: 29/541,281
(57) CLAIM
(22) Filed: Oct. 1, 2015 The ornamental design for a vanity mirror, as shown and
(51) LOC (10) Cl. ............................................... 06-07 described.
(52) U.S. Cl.
USPC ........................................................... D6/300 DESCRIPTION
(58) Field of Classification Search
USPC .... D6/300-312; D26156; 40/152.2; 362/135, FIG. 1 is a front perspective view showing a first embodi­
362/140-142, 144; 350/600 ment of the vanity mirror of the present invention with those
CPC ........... B60J 3/0282; B60J 3/0278; B60J 3/02; features shown in phantom presented for exemplary pur­
B60J 3/04 poses only;
See application file for complete search history. FIG. 2 is a top plan view thereof;
FIG. 3 is a front view thereof;
(56) References Cited FIG. 4 is a right side view thereof;
FIG. 5 is a left side view thereof;
U.S. PATENT DOCUMENTS FIG. 6 is a back view thereof;
FIG. 7 is a bottom view thereof;
RE25,402 E * 6/1963 Myerberg A45D 42/10 FIG. 8 is a front perspective view showing a second embodi­
362/141
3,737,646 A * 6/1973 Burrows ................. F21V 33/00
ment of the vanity mirror of the present invention with those
312/224 features shown in phantom presented for exemplary pur­
3,757,103 A * 9/1973 Walter .................... F21V 33/00 poses only;
362/129 FIG. 9 is a top plan view thereof;
0280,352 s * 8/1985 Ardito ......................... 028/64.1 FIG. 10 is a front view thereof;
D311,999 s * 11/1990 Ho ................................. D6/308 FIG. 11 is a right side view thereof;
D439,094 s * 3/2001 Melillo .......................... D6/561
FIG. 12 is a left side view thereof;
D446,027 s * 8/2001 Lefevre ......................... D6/300
D464,206 s * 10/2002 Moncourtois .................. D6/308 FIG. 13 is a back view thereof; and,
D497,485 s * 10/2004 Resultan ........................ D6/300 FIG. 14 is a bottom view thereof.
D577,075 s * 9/2008 Bode .............................. 020/21
(Continued) 1 Claim, 7 Drawing Sheets
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EXHIBIT B
Case 8:18-cv-01862 Document 1-2 Filed 10/17/18 Page 2 of 10 Page ID #:33
I 1111111111111111 111111111111111 11111 111111111111111 IIIII IIIIIII II IIIII IIII
US00D809322S

c12) United States Design Patent c10) Patent No.: US D809,322 S
Choi (45) Date of Patent: ** Feb. 6, 2018
(54) CABINET VANITY OTHER PUBLICATIONS

(71) Applicant: Impressions Vanity Company, Tustin, "Simple and decent profession aluminum framed makeup artist
CA (US) mirror with exquisite workmanship, makeup mirror with lights" Jul.
1, 2014, aliexpress.com, site visited Sep. 25, 2017 (Year: 2014)
(72) Inventor: Dong Choi, Tustin, CA (US) <https: //www.aliexpress.com/item/ Simple-and-decent-profession-
aluminum-framed-makeup-artist -mirror-with-exquisite-workman -
(73) Assignee: Impressions Vanity Company, Tustin, ship-makeup-mirror-with-lights/ 1965178465 .html> (Year: 2014). *
CA (US)
(Continued)
(**) Term: 15 Years
Primary Examiner - Kevin K Rudzinski
(21) Appl. No.: 29/583,763 Assistant Examiner - Paul D Bohannon
(74) Attorney, Agent, or Firm - Intellectual Property
(22) Filed: Nov. 8, 2016 Law Group LLP
(51) LOC (11) Cl. ............................................... 06-04
(52) U.S. Cl.
USPC . ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. ... ... ... . D6/664.1 (57) CLAIM
(58) Field of Classification Search
USPC ...... D6/664.1, 663, 559-561, 686, 699, 300, The ornamental design for a cabinet vanity, as shown and
D6/308, 334-336, 349, 351, 352, 358, described.
D61360, 364, 365, 366, 374, 375, 379,
D6/380, 611, 657, 662.1, 672-675, 675.1,
D6/675.3, 683, 683.1, 685, 691, 691.5, DESCRIPTION
D61702, 708, 708.2, 708.21, 708.25, 716,
D6/716.1-716.4; D31304, 307, 309; FIG. 1 is a front perspective view of a cabinet vanity,
D7/333; D23/286, 343, 342; embodying my new design;
D24/227-230; D25/48.4, 113, 163; FIG. 2 is a top plan view thereof;
D13/184 FIG. 3 is a front view thereof;
CPC ....... A47B 97/00; A47B 67/02; A47B 67/005; FIG. 4 is a right side view thereof;
A47B 81/005; A47B 81/00; A47B 77/02; FIG. 5 is a left side view thereof;
A47B 47/05; A47B 87/005; A47B 96/16; FIG. 6 is a rear view thereof;
A47B 96/061; A47B 57/16; A47F 7/00; FIG. 7 is a bottom plan view thereof;
A47F 7/02; A47F 3/002; A47F 5/08; FIG. 8 is a front perspective view thereof with the cabinet
A47G door open;
(Continued) FIG. 9 is a top plan view of FIG. 8;
FIG. 10 is a front view of FIG. 8;
(56) References Cited FIG. 11 is a left side view of FIG. 8;
FIG. 12 is a right side view of FIG. 8; and,
U.S. PATENT DOCUMENTS
FIG. 13 is a bottom plan view of FIG. 8.
3,260,559 A * 7/1966 Newman .................. A47K 5/02 The broken line showing of portions of the cabinet vanity is
248/301 for the purpose of illustrating portions of the article that form
3,737,646 A * 6/1973 Burrows ................. F21V 33/00 no part of the claimed design.
312/224
(Continued) 1 Claim, 7 Drawing Sheets
Case 8:18-cv-01862 Document 1-2 Filed 10/17/18 Page 3 of 10 Page ID #:34

US D809,322 S
Page 2

( 58) Field of Classification Search
CPC ... 1/02; A47G 1/12; A47G 1/00; A47G 29/12;
B42F 17/00; G09F 1/12; A45C 11/16;
B60N 2/60; B60N 2/2881; B60N 2/6018;
B60N 2/6036; E05C 19/001; E05B 63/04;
E06B 7/34; H05K 9/0062; F21V 33/00
See application file for complete search history.

(56) References Cited

U.S. PATENT DOCUMENTS

3,757,103 A * 9/1973 Walter .................... F21V 33/00
362/129
D446,027 s * 8/2001 Lefevre ......................... D6/300
D464,206 s * 10/2002 Moncourtois .................. D6/308
D577,075 s * 9/2008 Bode .............................. D20121
8,727,559 B2 * 5/2014 Boyer A47B 67/005
312/227
D769,021 s * 10/2016 Green ............................ D6/560
D779,217 s * 2/2017 Zhang ............................ D6/308
D779,835 s * 2/2017 Zhang ............................ D6/300
D785,980 s * 5/2017 Brown ........................ D6/675.3
D785,982 s * 5/2017 Brown ........................ D6/675.3
D785,994 s * 5/2017 Brown ........................ D6/675.3

OTHER PUBLICATIONS
"White Vanity Lighted Hollywood Makeup Mirror with Dimmer
Stage Beauty Mirror" Jan. 21, 2016, dhgate.com, site visited Sep.
25, 2017 <https://www.dhgate.com/product/white-hollywood-
makeup-vanity-mirror-with/398885488.html> (Year: 2016). *

* cited by examiner
Case 8:18-cv-01862 Document 1-2 Filed 10/17/18 Page 4 of 10 Page ID #:35

U.S. Patent Feb.6,2018 Sheet 1 of 7 US D809,322 S

FIG. 1
Case 8:18-cv-01862 Document 1-2 Filed 10/17/18 Page 5 of 10 Page ID #:36

U.S. Patent Feb.6,2018 Sheet 2 of 7 US D809,322 S

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Case 8:18-cv-01862 Document 1-2 Filed 10/17/18 Page 8 of 10 Page ID #:39

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Case 8:18-cv-01862 Document 1-2 Filed 10/17/18 Page 9 of 10 Page ID #:40

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Case 8:18-cv-01862 Document 1-2 Filed 10/17/18 Page 10 of 10 Page ID #:41

U.S. Patent Feb.6,2018 Sheet 7 of 7 US D809,322 S

FIG. 13