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Case 4:19-cv-02856 Document 1 Filed on 08/01/19 in TXSD Page 1 of 9

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

TYGER MANUFACTURING LLC §


§
Plaintiff, §
vs. §
§ Case No. ______________
MIKE’S WORLDWIDE LLC, MIKE’S §
NOVELTIES, INC., AND MANISH §
CHANDER, A/K/A MANISCH §
CHANDRA, AND A/K/A MIKE §
CHANDER D/B/A MWI §
§
§ JURY TRIAL DEMANDED
Defendant. §

COMPLAINT

Plaintiff, Tyger Manufacturing LLC, for its Complaint against the Defendants, Mike’s

Worldwide LLC, Mike’s Novelties, Inc., and Manish Chander, a/k/a Manisch Chandra, and a/k/a

Mike Chander d/b/a MWI, alleges as follows:

THE PARTIES

1. Plaintiff, Tyger Manufacturing LLC, is a California limited liability company

having a principal place of business at 1528 S. El Camino Real, Suite #108, San Mateo CA 94402.

2. On information and belief, defendant Mike’s Worldwide LLC is a Texas limited

liability company having a principal place of business at 10515 Harwin Drive, Suite 136, Houston,

TX 77036 and/or 7250 Harwin Drive, Suite C, Houston, TX 77036.

3. On information and belief, defendant Mike’s Novelties, Inc., is a Texas corporation

having a principal place of business at 10515 Harwin Drive, Suite 136, Houston, TX 77036 and/or

7250 Harwin Drive, Suite C, Houston, TX 77036.


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4. On information and belief, defendant Manish “Mike” Chander, a/k/a Manisch

Chandra, and a/k/a Mike Chander d/b/a MWI is an individual having a principal place of business

at 10515 Harwin Drive, Suite 136, Houston, TX 77036 and/or 7250 Harwin Drive, Suite C,

Houston, TX 77036.

JURISDICTION AND VENUE

5. This action arises under the patent laws of the United States, 35 U.S.C. §1 et seq.

6. This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C.

§§1331 and 1338(a).

7. This Court has personal jurisdiction over the Defendants based upon their contacts

with this forum, including, residing and having a regular and established place of business within

the State of Texas and this District.

8. Venue is proper in this judicial district pursuant to 28 U.S.C. §§1391(b) and

1400(b).

GENERAL FACTS

9. Plaintiff is the sole owner of U.S. Patent No. 9,968,127 entitled “Smoking Device”

that issued on May 15, 2018. Attached as Exhibit A is a true copy of U.S. Patent No. 9,968,127.

U.S. Patent No. 9,968,127 is valid and enforceable.

10. Plaintiff is the sole owner of U.S. Patent No. 10,314,333 entitled “Smoking Device”

that issued on June 11, 2019. Attached as Exhibit B is a true copy of U.S. Patent No. 10,314,333.

U.S. Patent No. 10,314,333 is valid and enforceable.

11. Plaintiff is the sole owner of U.S. Patent No. D761,487 entitled “Smoking Device”

that issued on July 12, 2016. Attached as Exhibit C is a true copy of U.S. Patent No. D761,487.

U.S. Patent No. D761,487 is valid and enforceable.

Complaint Page 2
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12. Plaintiff manufactures, markets, and sells a smoking pipe covered and protected by

U.S. Patent Nos. 10,314,333 and 9,968,127; and U.S. Patent No. D761,487 under the marks 7PIPE

and TWISTY that has been highly successful. Attached as Exhibit D are true pictures of Plaintiff’s

smoking pipe. Plaintiff’s smoking pipe has received acclaims by industry professionals for its

unique and elegant functional and aesthetic design. Plaintiff’s smoking pipe has gone viral on the

internet.

13. Upon information and belief, Defendants, import, use, offer to sell, and sell several

smoking pipes that infringe U.S. Patent Nos. 10,314,333 and 9,968,127; and U.S. Patent No.

D761,487. Attached as Exhibit E is a true copy of a web page from Defendants’ web site

(www.gomwi.com) offering for sale the following smoking pipes: Model Nos: MNP57-GLD;

MNP57-RN; MNP57-SL; MNP58-GLD; MNP58-RN; MNP58-SL; and MNP59-GLD. Except for

color, Model Nos. MNP57-GLD; MNP57-RN; MNP57-SL are identical to each other (hereinafter

collectively the “First Accused Product”). Except for color, Model Nos. MNP58-GLD; MNP58-

RN; MNP58-SL are identical to each other (hereinafter collectively the “Second Accused

Product”). Model No. MNP 59-GLD shall be referred to herein as the “Third Accused Product.”

14. On September 26, 2018, Plaintiff sent counsel for Defendants a letter advising

Defendants that its import, offer to sell, and/or sale of the First Accused Products infringe U.S.

Patent Nos. 9,968,127 and D761,487 (the “First Letter”). In the First Letter, Plaintiff demanded,

inter alia, that Defendants immediately cease and desist from any further import, offer to sell,

and/or sale of the First Accused Product, and that Defendants reply to Plaintiff or further legal

action would be commenced.

15. On June 11, 2019, Plaintiff sent counsel for Defendants a letter advising Defendant

that its import, offer to sell, and/or sale of the First, Second, and Third Accused Products infringes

Complaint Page 3
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U.S. Patent No. 10,314,333 (the “Second Letter”). In the Second Letter, Plaintiff demanded, inter

alia, that Defendants immediately cease and desist from any further import, offer to sell, and/or

sale of the First, Second, and Third Accused Product, and that Defendants reply to Plaintiff or

further legal action would be commenced.

COUNT I - PATENT INFRINGEMENT - U.S. PATENT NO. 9,968,127

16. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-15 as if fully

alleged herein.

17. The First Accused Product has each and every limitation of claim 1 of U.S. Patent

No. 9,968,127, literally or under the doctrine of equivalents. First, the First Accused Product has

a “glass housing comprising a lower open-end portion, an upper open-end portion, and an inner

portion” as required by claim 1. Next, the First Accused Product has a “mouthpiece comprising a

rear body portion centrally disposed within said lower end portion of said glass housing...” as

required by claim 1. Next, the rear body portion of the First Accused Product has a “rear surface

and first and second air passageways extending inward from said rear surface” as required by claim

1. Next, the First Accused Product has a “first rubber O-ring removably attached to said rear body

portion” as required by claim 1. Next, in the First Accused Product, “said rear body portion of said

mouthpiece being rotatably and sealably engaged with said lower open-end portion of said glass

housing by said first rubber O-ring...” as required by claim 1. Next, the First Accused Products has

“an auger comprising a first end portion engaged with said rear body portion of said mouthpiece

and a second end portion extending within said inner portion of said housing to form a bowl area

at said upper open end portion of said glass housing...” as required by claim 1. Next, the “bowl

area” of the First Accused Product is “bound by said upper open-end portion of said glass housing

and said second end portion of said auger” as required by claim 1. Finally, rotation of the

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mouthpiece of the First Accused Product “causes rotation of said auger causing the smoking

material within said glass housing to move toward said bowl area” as required by claim 1.

18. Defendants’ import, offer to sell, and/or sale of the First Accused Product into

and/or within the United States and its territories infringes claim 1 of U.S. Patent No. 9,968,127 in

violation of 35 U.S.C. §271(a).

19. Defendants had constructive and then actual knowledge of U.S. Patent No.

9,968,127. Defendants’ import, offer for sale, and/or sale of the First Accused Product after

receiving actual knowledge of U.S. Patent No. 9,968,127 is and continues to be a willful

infringement of U.S. Patent No. 9,968,127.

20. There are no non-infringing substitutes for plaintiff’s pipe as the scope of protection

afforded by claim 1 of U.S. Patent No. 9,968,127 is broad.

21. As a result of Defendants’ infringement of U.S. Patent No. 9,968,127, Plaintiff has

and continues to incur irreparable harm.

22. As a result of Defendants’ infringement of U.S. Patent No. 9,968,127, Plaintiff has

and continues to incur monetary damages.

COUNT II - PATENT INFRINGEMENT - U.S. PATENT NO. 10,314,333

23. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-22 as if fully

alleged herein.

24. Each of the First, Second, and Third Accused Products has each and every

limitation of claim 1 of U.S. Patent No. 10,314,333, literally or under the doctrine of equivalents.

First, each of the Accused Products has a “glass housing comprising a lower open-end portion, an

upper open-end portion, and an inner portion” as required by claim 1. Next, each of the Accused

Products has a “body comprising a rear body portion comprising a rear surface disposed within

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said lower open-end portion of said glass housing” as required by claim 1. Next, each of the

Accused Products has a “first rubber O-ring removably attached to said rear body portion” as

required by claim 1. Next, in each of the Accused Products, the rear body portion of the body is

“rotatably and sealably engaged with said lower open-end portion of said glass housing by said

first rubber O-ring” as required by claim 1. Next, each of the Accused Products has an “auger

comprising a first end portion engaged with said rear body portion and a second end portion

extending within said inner portion of said glass housing to form a bowl area at said upper open

end portion of said glass housing” as required by claim 1. Next, in each of the Accused Products,

the bowl area is “bound by said upper open-end portion of said glass housing and a terminal end

surface of said second end portion of said auger adjacent to and facing said bowl area” as required

by claim 1. Next, in each Accused Product, “said auger, said glass housing extending from said

lower open-end portion to said upper open-end portion, and said bowl area share a common central

longitudinal axis” as required by claim 1. Next, in each Accused Product, “rotation of said body

causes rotation of said auger causing the smoking material within said glass housing to move

toward said bowl area” as required by claim 1. Finally, in each Accused Product, “further rotation

of said body causes said auger to expel the smoking material from said upper open-end portion of

said glass housing” as required by claim 1.

25. Defendants’ import, offer to sell, and/or sale of the Accused Products into and/or

within the United States and its territories infringes claim 1 of U.S. Patent No. 10,314,333 in

violation of 35 U.S.C. §271(a).

26. Defendants had constructive and then actual knowledge of U.S. Patent No.

10,314,333. Defendant’s import, offer for sale, and/or sale of the Accused Products after receiving

actual knowledge of U.S. Patent No. 10,314,333 is and continues to be a willful infringement of

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U.S. Patent No. 10,314,333.

27. There are no non-infringing substitutes for plaintiff’s pipe as the scope of protection

afforded by claim 1 of U.S. Patent No. 10,314,333 is broad.

28. As a result of Defendants’ infringement of U.S. Patent No. 10,314,333, Plaintiff

has and continues to incur irreparable harm.

29. As a result of Defendants’ infringement of U.S. Patent No. 10,314,333, Plaintiff

has and continues to incur monetary damages.

COUNT III - PATENT INFRINGEMENT - U.S. PATENT NO. D761,487

30. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-29 as if

fully alleged herein.

31. The ornamental design of the First Accused Product is highly similar if not identical

to the claimed design of U.S. Patent No. D761,487. A consumer would mistake or confuse the

design of the First Accused Product with the claimed design of U.S. Patent No. D761,487. An

ordinary observer would be deceived into believing that the First Accused Product is the same as

plaintiff’s patented design.

32. Defendants’ import, use, offer for sale, and/or sale of the First Accused Product

infringes U.S. Patent No. D761,487 in violation of 35 U.S.C. §271(a).

33. Defendants had constructive and then actual knowledge of U.S. Patent No.

D761,487. Defendants’ import, offer for sale, and/or sale of the Accused Products after receiving

actual knowledge of U.S. Patent No. D761,487 is and continues to be a willful infringement of

U.S. Patent No. D761,487.

34. There are no non-infringing substitutes for plaintiff’s pipe as the scope of protection

afforded by claimed design of U.S. Patent No. D761,487 is broad.

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35. As a result of Defendants’ infringement of U.S. Patent No. D761,487, Plaintiff has

and continues to incur irreparable harm.

36. As a result of Defendants’ infringement of U.S. Patent No. D761,487, Plaintiff has

and continues to incur monetary damage.

PRAYER FOR RELIEF

A. Plaintiff requests this Court to enter judgment in favor of it and against the

Defendants on the above counts and grant it the following relief:

B. Pursuant to 35 U.S.C. §283, an Order that Defendants be preliminary enjoined from

making, importing, using, offering for sale, and/or selling the Accused Products or any other

product that infringes U.S. Patent Nos. 10,314,333; 9,968,127 and/or D761,487;

C. Pursuant to 35 U.S.C. §283, an Order that Defendants be permanently enjoined

from making, importing, using, offering for sale, and/or selling the Accused Product or any other

product that infringes U.S. Patent Nos. 10,314,333; 9,968,127 and/or D761,487;

D. Pursuant to 35 U.S.C. §284, that Defendants pay plaintiff actual damages as may

be proved at trial, and in no event less than a reasonable royalty;

E. Pursuant to 35 U.S.C. §289, that Defendants pay plaintiff an amount of damages

equal to the profits realized by Defendant from the sale of the Accused Products as may be proved

at trial;

F. Pursuant to 35 U.S.C. §284, that Plaintiff be awarded treble damages;

G. Pursuant to 35 U.S.C. §284, that Plaintiff be awarded interest on damages;

H. Pursuant to 35 U.S.C. §285, that Plaintiff be awarded its reasonable attorney fees;

I. Pursuant to 35 U.S.C. §284, that Plaintiff be awarded its costs; and

J. Such other relief as this Court deems equitable and just.

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REQUEST FOR A JURY

Plaintiff hereby requests a jury on all issues triable by a jury.

Respectfully submitted,

Dated: August 1, 2019 By: /s/ John T. Polasek


John T. Polasek
Texas Bar No. 16088590
S.D. Texas No. 16028
ted@epiplawyers.com
Elliott & Polasek, PLLC
6750 West Loop South, Suite 995
Bellaire, Texas 77401
Telephone: (832) 485-3560
Facsimile: (832) 485-3511

ATTORNEYS FOR PLAINTIFF

OF COUNSEL:

Steven N. Fox, Esq. (pro hac vice motion to be filed)


P.O. Box 193
Sharon, MA 02067
(781) 821-8920
E-Mail: sfox@foxpatent.com

Complaint Page 9
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EXHIBIT A: U.S. Patent No. 9,968,127


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EXHIBIT B: U.S. Patent No. 10,314,333


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EXHIBIT C: U.S. Patent No. D761,4877


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EXHIBIT D: Pictures of Plaintiff’s TWISTY™ Glass Blunt Pipe


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EXHIBIT E: Partial Web Page of Defendant’s Web Site


Showing Accused Products
MWI Page 1 of 28
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(/)

Home (/) ∠ PIPES (/product/category/256233)


∠ PIPE METAL NOVELTY (/product/category/256347)

sort by Default Sort Order

(/product/details/HL) (/product/details/HL-BL)

HI-LIGHTER Pipe YELLOW HI-LIGHTER Pipe KIT BLUE


(/product/details/HL) (/product/details/HL-BL)
HL HL-BL

(/product/details/HL) ♥ (/product/details/HL-BL) ♥

https://www.gomwi.com/product/category/256347 6/7/2019
MWI Page 22 of 28
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(/product/details/MNP57-GLD) (/product/details/MNP57-RN)

3.5-4" V12 Regular Twisty Glass Blunt 3.5-4" V12 Regular Twisty Glass Blunt
Pipe Gold Pipe Rainbow
(/product/details/MNP57-GLD) (/product/details/MNP57-RN)
MNP57-GLD MNP57-RN

  (/product/details/MNP57-GLD)   (/product/details/MNP57-RN)

 

https://www.gomwi.com/product/category/256347 6/7/2019
MWI Page 23 of 28
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(/product/details/MNP57-SL) (/product/details/MNP58-GLD)

3.5-4" V12 Regular Twisty Glass Blunt 3.5" V12 Mini Twisty Glass Blunt Pipe
Pipe Silver Gold
(/product/details/MNP57-SL) (/product/details/MNP58-GLD)
MNP57-SL MNP58-GLD

  (/product/details/MNP57-SL)   (/product/details/MNP58-GLD)

 

https://www.gomwi.com/product/category/256347 6/7/2019
MWI Page 24 of 28
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(/product/details/MNP58-RN) (/product/details/MNP58-SL)

3.5" V12 Mini Twisty Glass Blunt Pipe 3.5" V12 Mini Twisty Glass Blunt Pipe
Rainbow Sliver
(/product/details/MNP58-RN) (/product/details/MNP58-SL)
MNP58-RN MNP58-SL

  (/product/details/MNP58-RN)   (/product/details/MNP58-SL)

 

https://www.gomwi.com/product/category/256347 6/7/2019
MWI Page 25 of 28
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(/product/details/MNP59-GLD) (/product/details/MNPM1)

3.5" V12 Mini Twisty Glass Blunt 3" Metal Flip Magnet Pipe large 4
Bubbler Gold asst.colors (KITMP012)
(/product/details/MNP59-GLD) (/product/details/MNPM1)
MNP59-GLD MNPM1

  (/product/details/MNP59-GLD)   (/product/details/MNPM1)

 

https://www.gomwi.com/product/category/256347 6/7/2019