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Case 2:15-cv-06274 Document 1 Filed 08/18/15 Page 1 of 4 Page ID #:1

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Peiwen Chang (State Bar No. 155166)


COGSWELL NAKAZAWA & CHANG, LLP
444 W. Ocean Blvd., Suite 1410
Long Beach, California 90802
Phone: (562) 951-8668
Fax: (562) 951-3933
Email: peiwen_chang@cnc-law.com
Attorneys for Plaintiffs FOSHAN NAIBAO
ELECTRIC PRODUCT CO., LTD. and
XPOWER MANUFACTURE, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FOSHAN NAIBAO ELECTRIC


PRODUCT CO., LTD. and XPOWER
MANUFACTURE, INC.,

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Case No.:
COMPLAINT FOR
INFRINGEMENT OF PATENT

Plaintiffs,

[WAIVER OF TRIAL BY JURY


AND REQUEST FOR COURT
TRIAL]

vs.
NINGBO A-ONE INDUSTRIAL CO.,
LTD.,
Defendant.

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COME NOW plaintiffs FOSHAN NAIBAO ELECTRIC PRODUCT CO.,


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LTD. and XPOWER MANUFACTURE, INC. (collectively, Plaintiffs), and for


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their Complaint against defendant NINGBO A-ONE INDUSTRIAL CO., LTD.,


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(Defendant), allege as follows:


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FIRST COUNT
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INFRINGEMENT OF U.S. DESIGN PATENT NO. D704,908 AGAINST


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DEFENDANT NINGBO A-ONE INDUSTRIAL CO., LTD.


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1.

FOSHAN NAIBAO ELECTRIC PRODUCT CO., LTD. is a

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1

COMPLAINT FOR INFRINGEMENT OF PATENT

Case 2:15-cv-06274 Document 1 Filed 08/18/15 Page 2 of 4 Page ID #:2

company organized and existing under the laws of the Peoples Republic of China

and is the holder and owner of U.S. Design Patent No. D704,908 (Patent-in-

Suit).

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2.

XPOWER MANUFACTURE, INC. is a corporation organized and

existing under the laws of the State of California and holds an exclusive license to

the Patent-in-Suit and the product line of air mover devices covered by the Patent-

in-Suit.

3.

Defendant NINGBO A-ONE INDUSTRIAL CO., LTD.

(Defendant) is a company organized and existing under the laws of the Peoples

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Republic of China with its principal business office at 598 JiangNan Road, Room

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1331, Gaoixin District, Ningbo, Zhejiang, China.

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4.

Jurisdiction of this Court is pursuant to 28 U.S.C., Sections 1331 and

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1338. Venue is proper in this District pursuant to 28 U.S.C. Section 1391(b)(2)

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and (c)(3).

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5.

Defendant is subject to personal jurisdiction in this District at the time

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the action is commenced, because Defendant transacts business in California and

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other parts of the United States of America by marketing products and services

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that infringe the Patent-in-Suit causing injury to Plaintiffs, and there is no district

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in which the action may otherwise be brought. 28 U.S.C. 1391(b)(3) and (c)(3).

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6.

The Patent-in-Suit was filed June 8, 2011 and was issued by the

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United States Patent and Trademark Office on May 13, 2014. Attached hereto

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as Exhibit 1 is a true and correct copy of the Patent-in-Suit.

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7.

FOSHAN NAIBAO ELECTRIC PRODUCT CO., LTD. designs,

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develops, manufactures and sells various air mover devices, including Model

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P-230AT, which are covered by the Patent-in-Suit. P-230AT was specifically

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designed and manufactured for XPOWER MANUFACTURE, INC., pursuant

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to the exclusive license between FOSHAN NAIBAO ELECTRIC PRODUCT

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CO., LTD., and XPOWER MANUFACTURE, INC.


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COMPLAINT FOR INFRINGEMENT OF PATENT

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8.

FOSHAN NAIBAO ELECTRIC PRODUCT CO., LTD. and

XPOWER MANUFACTURE, INC., to the extent required, complied with the

marking provision of 35 U.S.C. Section 287. Attached hereto as Exhibit 2 is

a true and correct photo of Model No. P-230AT air mover device.

9.

Defendant is the manufacturer of the air mover device with Model

No. AP11003, and exports and sells Model No. AP11003 air mover device to

the USA. Attached hereto as Exhibit 3 is a true and correct photo of

Defendants Model No. AP11003 air mover device.

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10.

Defendants Model No. AP11003 air mover device uses design

and technology of the Patent-in-Suit and thus infringes the Patent-in-Suit.


11.

Defendant had knowledge of the Patent-in-Suit when it designed,

manufactured, and offered for sale Model No. AP11003 air mover device.
12.

The act of Defendant constitutes direct infringement of the Patent-

in-Suit.
13.

Defendant engaged in the infringement of the Patent-in-Suit with

full knowledge of the Patent-in-Suit.


14.

Despite receiving the cease and desist letter from Plaintiffs,

Defendant has continued to engage in infringement of the Patent-in-Suit.


15.

Defendants infringement of the Patent-in-Suit was and continues

to be willful, deliberate, and intentional.


PRAYER

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WHEREFORE, Plaintiffs pray for judgement against Defendant as follows:

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A.

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That Defendant has infringed U.S. DESIGN PATENT NO.

D704,908;
B.

That Defendants infringement of U.S. DESIGN PATENT NO.

D704,908 is willful, deliberate and intentional;


C.

That Defendant, its officers, directors, agents, employees, parents,

subsidiaries, affiliates, successors, assigns, and all persons or entity in privity or


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COMPLAINT FOR INFRINGEMENT OF PATENT

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active concert or participation with Defendant be permanently enjoined from

infringing U.S. DESIGN PATENT NO. D704,908;

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D.

That Plaintiffs be awarded damages against Defendant pursuant to 35

U.S.C. Section 284, in excess of $1 million to be proven at trial;


E.

That Plaintiffs be awarded treble damages against Defendant pursuant

to 35 U.S.C. Section 284;


F.

That this infringement by Defendant be found an exceptional

case and that Plaintiffs be awarded attorneys fees, costs of suit, and expenses in

prosecuting this action; and

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G.

For such other and further relief as this Court may deem just and

proper.

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DATED: August 17, 2015

COGSWELL NAKAZAWA & CHANG, LLP

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By:

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/s/ Peiwen Chang


Peiwen Chang, Attorneys for Plaintiffs
FOSHAN NAIBAO ELECTRIC PRODUCT
CO., LTD. and XPOWER
MANUFACTURE, INC.

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WAIVER OF TRIAL BY JURY


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Plaintiffs hereby waive the right to trial by jury and request for a court trial.
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DATED: August 17, 2015

COGSWELL NAKAZAWA & CHANG, LLP

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By:

/s/ Peiwen Chang


Peiwen Chang, Attorneys for Plaintiffs
FOSHAN NAIBAO ELECTRIC PRODUCT
CO., LTD. and XPOWER
MANUFACTURE, INC.

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COMPLAINT FOR INFRINGEMENT OF PATENT

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