Seville Classics v. Honey-Can-Do - Complaint

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Defendant.
HONEY-CAN-DO
INTERNATIONAL, LLC, an Illinois
limited liability company,
v.
Plaintiff,
SEVILLE CLASSICS, INC., a

California corporation,
) Case No. 2:16-CV-06460

)
)
) COMPLAINT
)
) DEMAND FOR JURY TRIAL
)
)
)
)
)
)
)
FOR THE CENTRAL DISTRICT OF CALIFORNIA
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IN THE UNITED STATES DISTRICT COURT
Attorneys for Plaintiff

SEVILLE CLASSICS, INC.
Paul A. Stewart (SBN 153467)

paul.stewart@knobbe.com
Ali S. Razai (SBN 246922)
ali.razai@knobbe.com
Yue (Joy) Wang (SBN 300594)
joy.wang@knobbe.com
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street
Fourteenth Floor
Irvine, CA 92614
Phone: (949) 760-0404
Facsimile: (949) 760-9502
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Case 2:16-cv-06460 Document 1 Filed 08/26/16 Page 1 of 7 Page ID #:1
Plaintiff Seville is a California corporation having its principal
Venue is proper in this Judicial District pursuant to 28 U.S.C.
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Seville is the owner of all right, title and interest in the 332 Patent,
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and has been the owner of the 332 Patent since its date of issuance.
8.
is attached hereto as Exhibit 1.

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States Patent and Trademark Office. A true and correct copy of the 332 Patent
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On September 29, 2015, U.S. Patent No. 9,144,332 (the 332

Patent), entitled Storage Rack, was duly and legally issued by the United
7.
allegations set forth in Paragraphs 1-5 above as if set forth fully herein.
Seville incorporates by reference and realleges each of the
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6.
INFRINGEMENT OF U.S. PATENT NO. 9,144,332
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FIRST CLAIM FOR RELIEF
1391(b), (c), and 1400(b).
5.
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jurisdiction over Honey-Can-Do.
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Accordingly, this Court has personal
this Judicial District and elsewhere.
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Honey-Can-Do conducts business throughout the United States,
including in this Judicial District, and has committed the acts complained of in
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pursuant to 28 U.S.C. 1331 and 1338(a).
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This action arises under the patent laws of the United States, 35
U.S.C. 100, et seq. Accordingly, this Court has subject matter jurisdiction
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JURISDICTION AND VENUE
Defendant Honey-Can-Do is an Illinois limited liability company
having its principal place of business in Berkeley, Illinois.
2.
place of business in Torrance, California.
1.
PARTIES
Honey-Can-Do International, LLC (Honey-Can-Do), alleges as follows:
Plaintiff Seville Classics, Inc. (Seville), for its Complaint against
irreparable harm to Seville, unless Honey-Can-Dos infringement is enjoined by

this Court.
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Honey-Can-Dos infringement will continue, and will continue to cause

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Honey-Can-Dos infringement of the 332 Patent is causing

irreparable harm to Seville, for which there is no adequate remedy at law.
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Seville in an amount to be determined at trial.
Honey-Can-Dos acts of infringement have caused damage to
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chart attached hereto as Exhibit 2 and incorporated herein by reference.

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infringement of Claim 1 of the 332 Patent is illustrated in the exemplary claim

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For example, Honey-Can-Dos
importing its 3 Tier Stackable Shoe Rack.
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Honey-Can-Do is infringing and has infringed at least Claims 1, 2,
and 5 of the 332 Patent by making, using, selling, offering for sale, and
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photograph of this Honey-Can-Do product is shown below:
Honey-Can-Do is selling and has sold in this Judicial District a
shoe rack under the name Honey Can Do 3 Tier Stackable Shoe Rack. A
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Seville is the owner of all right, title and interest in the D356
Pictured below is a side-by-side comparison of the Honey-Can-Do
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3 Tier Stackable Shoe Rack and Figure 8 of the D356 Patent.
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Patent, and has been the owner of the D356 Patent since its date of issuance.
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hereto as Exhibit 3.
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Trademark Office. A true and correct copy of the D356 Patent is attached
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On November 2, 2010, United States Design Patent No. D626,356
(the D356 Patent) was duly and legally issued by the United States Patent and
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allegations set forth in Paragraphs 1-5 and 9 above as if set forth fully herein.
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INFRINGEMENT OF U.S. DESIGN PATENT NO. D626,356
Seville incorporates by reference and realleges each of the
SECOND CLAIM FOR RELIEF
35 U.S.C. 285.
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damages under 35 U.S.C. 284 and attorneys fees and non-taxable costs under
Seville is informed and believes that Honey-Can-Dos infringement
of the 332 Patent was and is willful and deliberate, entitling Seville to enhanced
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Honey-Can-Dos acts of infringement have caused damage to
Honey-Can-Do has wrongfully earned profits on the sales of its 3
irreparable harm to Seville, unless Honey-Can-Dos infringement is enjoined by

this Court.
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costs under 35 U.S.C. 285.
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A judgment that Honey-Can-Do has infringed the D356 Patent;

Preliminary and permanent injunctions against further infringement
B.
C.
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An award of damages for Honey-Can-Dos infringement of the
A trebling of the award of damages under 35 U.S.C. 284, or such
Disgorgement of Honey-Can-Dos profits on the sale of its 3 Tier
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Stackable Shoe Rack pursuant to 35 U.S.C. 289;
F.
other enhancement of the award of damages that the Court deems appropriate;
E.
332 and D356 Patents;
D.
of the 332 and D356 Patents;
A judgment that Honey-Can-Do has infringed the 332 Patent;
A.
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WHEREFORE, Seville prays for judgment and seeks relief as follows:
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PRAYER FOR RELIEF
enhanced damages under 35 U.S.C. 284 and attorneys fees and non-taxable
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of the D356 Patent was and is willful and deliberate, entitling Seville to
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Seville is informed and believes that Honey-Can-Dos infringement
Honey-Can-Dos infringement will continue, and will continue to cause
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Honey-Can-Dos infringement of the D356 Patent is causing
irreparable harm to Seville, for which there is no adequate remedy at law.
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Tier Stackable Shoe Rack in an amount to be determined at trial.
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Seville in an amount to be determined at trial.
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Stackable Shoe Rack.
Honey-Can-Do is infringing and has infringed the claim of the
D356 Patent by making, using, selling, offering for sale, and importing its 3 Tier
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Dated: August 26, 2016
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By: /s/ Ali S. Razai

Paul A. Stewart
Ali S. Razai
Yue (Joy) Wang
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proper.
Respectfully submitted,
Such other and further relief as this Court may deem just and
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An award of taxable costs; and
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285 on account of Honey-Can-Dos willful infringement;
H.
An award of attorneys fees and non-taxable costs under 35 U.S.C.
U.S.C. 285;
A declaration that Honey-Can-Dos infringement of the 332 and
D356 Patents has been willful, and that this is an exceptional case under 35
G.
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24064529
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By: /s/ Ali S. Razai

Paul A. Stewart
Ali S. Razai
Yue (Joy) Wang
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Respectfully submitted,
Dated: August 26, 2016
Seville Classics, Inc. hereby demands a trial by jury on all issues so triable.
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff
DEMAND FOR TRIAL BY JURY
Case 2:16-cv-06460 Document 1-1 Filed 08/26/16 Page 1 of 17 Page ID #:8
EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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a rear support
having two
vertical bars
and at least
one horizontal
bar extending
between the
vertical bars;
a frame
having:
Claim
Limitations
1. A rack for
holding
articles,
comprising:
The frame has a rear support having two vertical bars and at least one horizontal bar
extending between the vertical bars. As shown in the image below, the frames rear
support comprises two horizontal bars extending between the vertical bars.
The Accused Product comprises a frame, as show in the image below.
The Accused Product is a three-tier storage rack for holding articles, e.g. shoes, as
shown in the image below.
Honey-Can-Dos Infringing Product
Claim Chart Illustrating Honey-Can-Dos Infringement of Claim 1 of U.S. Pat. No. 9,144,332
Exhibit 2
EXHIBIT 2
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The frame has a left support having a plurality of left support horizontal bars extending
between two left support vertical bars. As shown in the image below, the frames left
support comprises two left support horizontal bars extending between two left support
vertical bars.
The frame has a right support having a plurality of right support horizontal bars
extending between two right support vertical bars. As shown in the image below, the
frames right support comprises two right support horizontal bars extending between
two right support vertical bars.
The left support is pivotably connected to a vertical bar of the rear support. The right
support is pivotably connected to a vertical bar of the rear support. As shown in the
image below, the left and right supports are connected to, and pivot about, the left and
right vertical bars of the rear support.
a left support
having a
plurality of left
support
horizontal
bars
extending
between two
left support
vertical bars;
a right
support
having a
plurality of
right support
horizontal
bars
extending
between two
right support
vertical bars;
wherein the
left support is
pivotably
connected to
one of the
vertical bars
of the rear
support and
the right
support is
pivotably
connected to
the other
vertical bar of
the rear
support;
EXHIBIT 2
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wherein each
second side
has a planar
top surface
and a planar
bottom
surface;
with each
second side
having an
interior
defined by a
first surface
and a second
surface that is
opposite to
the first
surface,
Planar top surface
Each second side has a planar top surface and a planar bottom surface.
Second surface
First surface
Each second side has an interior defined by a first surface and a second surface
opposite to the first surface. As shown in the image below, the top and bottom interior
surfaces define the interior of each second side.
First side
Each of the plurality of shelves has an enclosing member consisting of two opposing
first sides connected by two opposing second sides.
an enclosing
frame
member that
has two
opposing first
sides
connected by
two opposing
second sides,
Second side
The Accused Product includes a plurality of shelves, specifically three shelves.
a plurality of
shelves, each
shelf having:
EXHIBIT 2
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each slat
having a
plurality of
outer
surfaces that
encircle a
cross-section
so that the
cross-section
of each slat is
retained
at least one
slot provided
on each of
the first
surfaces of
the second
sides, each
slot defining
an opening
located
entirely
between the
planar top
surface and
the planar
bottom
surface of the
correspondin
g second
side;
a plurality of
separate
elongated
slats, each
slat having a
length that is
greater than
its width,
Slot
Planar bottom surface

Each second side has at least one slot provided on each of the first surfaces of the
second side. Each slot defines an opening located entirely between the planar top
surface and the planar bottom surface of the second side. As shown in the image
below, each second side of the Accused Product includes one slot located entirely
between the planar top surface and the planar bottom surface of the second side.
EXHIBIT 2
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a connecting
bar that is
connected to
all the slats;
and
inside a slot
of the at least
one slot,
each slat
having
opposing
ends that are
positioned at
opposing
slots at the
second sides
in a manner
such that
each end of
each slat is
retained
inside the
interior of a
correspondin
g second
side,
with the
second
surface
completely
covering the
interior so
that the ends
of the slats
are not visible
from outside
the second
surface;.
EXHIBIT 2
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24073857
082416
wherein each
of the left
support, the
rear support
and the right
support has
at least one
horizontal bar
that is
positioned at
a vertical
level that is
higher than
the highest
shelf.
at least one
connector for
removably
connecting
one second
side of a shelf
to the left
support, and
another of the
at least one
connector
removably
connects the
other second
side of the
shelf to the
right support;
and
EXHIBIT 2
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The shelves have connectors as shown, into which hooks, on the supports, are inserted
EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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28

SEVILLE CLASSICS, INC., a

) Case No. 2:16-CV-06460

FOR THE CENTRAL DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT

Attorneys for Plaintiff

Paul A. Stewart (SBN 153467)

Case 2:16-cv-06460 Document 1 Filed 08/26/16 Page 1 of 7 Page ID #:1

Plaintiff Seville is a California corporation having its principal

Venue is proper in this Judicial District pursuant to 28 U.S.C.

is attached hereto as Exhibit 1.

On September 29, 2015, U.S. Patent No. 9,144,332 (the 332

Seville incorporates by reference and realleges each of the

INFRINGEMENT OF U.S. PATENT NO. 9,144,332

FIRST CLAIM FOR RELIEF

1391(b), (c), and 1400(b).

jurisdiction over Honey-Can-Do.

Accordingly, this Court has personal

this Judicial District and elsewhere.

Honey-Can-Do conducts business throughout the United States,

pursuant to 28 U.S.C. 1331 and 1338(a).

JURISDICTION AND VENUE

Defendant Honey-Can-Do is an Illinois limited liability company

having its principal place of business in Berkeley, Illinois.

place of business in Torrance, California.

Honey-Can-Do International, LLC (Honey-Can-Do), alleges as follows:

Plaintiff Seville Classics, Inc. (Seville), for its Complaint against

Case 2:16-cv-06460 Document 1 Filed 08/26/16 Page 2 of 7 Page ID #:2

irreparable harm to Seville, unless Honey-Can-Dos infringement is enjoined by

Honey-Can-Dos infringement will continue, and will continue to cause

Honey-Can-Dos infringement of the 332 Patent is causing

Seville in an amount to be determined at trial.

Honey-Can-Dos acts of infringement have caused damage to

chart attached hereto as Exhibit 2 and incorporated herein by reference.

infringement of Claim 1 of the 332 Patent is illustrated in the exemplary claim

For example, Honey-Can-Dos

importing its 3 Tier Stackable Shoe Rack.

Honey-Can-Do is infringing and has infringed at least Claims 1, 2,

photograph of this Honey-Can-Do product is shown below:

Honey-Can-Do is selling and has sold in this Judicial District a

Case 2:16-cv-06460 Document 1 Filed 08/26/16 Page 3 of 7 Page ID #:3

Pictured below is a side-by-side comparison of the Honey-Can-Do

3 Tier Stackable Shoe Rack and Figure 8 of the D356 Patent.

On November 2, 2010, United States Design Patent No. D626,356

INFRINGEMENT OF U.S. DESIGN PATENT NO. D626,356

Seville incorporates by reference and realleges each of the

SECOND CLAIM FOR RELIEF

Seville is informed and believes that Honey-Can-Dos infringement

Case 2:16-cv-06460 Document 1 Filed 08/26/16 Page 4 of 7 Page ID #:4

Honey-Can-Dos acts of infringement have caused damage to

Honey-Can-Do has wrongfully earned profits on the sales of its 3

irreparable harm to Seville, unless Honey-Can-Dos infringement is enjoined by

costs under 35 U.S.C. 285.

A judgment that Honey-Can-Do has infringed the D356 Patent;

An award of damages for Honey-Can-Dos infringement of the

A trebling of the award of damages under 35 U.S.C. 284, or such

Disgorgement of Honey-Can-Dos profits on the sale of its 3 Tier

Stackable Shoe Rack pursuant to 35 U.S.C. 289;

332 and D356 Patents;

of the 332 and D356 Patents;

A judgment that Honey-Can-Do has infringed the 332 Patent;

WHEREFORE, Seville prays for judgment and seeks relief as follows:

PRAYER FOR RELIEF

Seville is informed and believes that Honey-Can-Dos infringement