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1 Ronald P. Oines (State Bar No. 145016) email: roines@rutan.com 2 Bradley A. Chapin (State Bar No.

232885) email: bchapin@rutan.com 3 RUTAN & TUCKER, LLP 611 Anton Boulevard, Fourteenth Floor 4 Costa Mesa, California 92626-1931 Telephone: 714-641-5100 5 Facsimile: 714-546-9035 6 Attorneys for Plaintiffs FOREVER FOUNDATIONS & FRAME, LLC and CYBIL, 7 LLC 8 9 10 11 FOREVER FOUNDATIONS & FRAME, LLC, a California limited 12 liability company; and CYBIL, LLC, a California limited liability company, 13 Plaintiff, 14 vs. 15 OPTIONAL PRODUCTS, LLC, a 16 Tennessee limited liability company; and DOES 1 through 10, 17 Defendants. 18 19 Case No. COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Plaintiffs FOREVER FOUNDATIONS & FRAME, LLC (Forever

20 Foundations) and CYBIL, LLC (Cybil) (collectively Plaintiffs) as their 21 Complaint against OPTIONAL PRODUCTS, LLC (Optional), and Does 1 22 through 10, inclusive (collectively, Defendants) allege as follows: 23 24 1. JURISDICTION AND VENUE This is an action for patent infringement arising under the Patent Laws

25 of the United States, Title 35, United States Code. This Court has jurisdiction over 26 the subject matter of this action pursuant to 28 U.S.C. 1338(a) (action arising 27 under an Act of Congress relating to patents) and 28 U.S.C. 1331 (federal 28 question).
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2118/031030-0002 6287209.1 a11/12/13

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COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

2.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1400(b)

2 and 28 U.S.C. 1391(c). On information and belief, Optional is subject to personal 3 jurisdiction in this Judicial District and resides in this Judicial District because, 4 among other things, it has sold and offered to sell in this Judicial District products 5 that infringe the patents described below. 6 7 3. THE PARTIES Plaintiff Forever Foundations is a California limited liability company

8 with a principal place of business located at 2102-A, Alton Parkway, Irvine, 9 California 92606. 10 4. Plaintiff Cybil is a California limited liability company with a principal

11 place of business located at 2102-A, Alton Parkway, Irvine, California 92606. 12 5. On information and belief, defendant Optional is a Tennessee limited

13 liability company with a principal place of business located at 1525 SE Tater Peeler 14 Rd., Lebanon, Tennessee 37090-0674. Optional makes, uses, sells offers to sell, 15 and/or imports into the United States bed frames called the Eco Stow and Eco 16 Stow Supreme, both of which infringe both of the patents described below. 17 6. The true names and capacities, whether individual, corporate, associate

18 or otherwise, of defendants DOES 1 through 10, inclusive, are unknown to 19 Plaintiffs, which therefore sues said defendants by such fictitious names. Plaintiffs 20 will seek leave of this Court to amend this Complaint to include their proper names 21 and capacities when they have been ascertained. Plaintiffs are informed and 22 believes, and based thereon alleges, that each of the fictitiously named defendants 23 participated in and are in some manner responsible for the acts described in this 24 Complaint and the damage resulting therefrom. 25 7. Plaintiffs allege on information and belief that each of the defendants

26 named herein as Does 1 through 10, inclusive, performed, participated in, or abetted 27 in some manner, the acts alleged herein, proximately caused the damages alleged 28 hereinbelow, and are liable to Plaintiffs for the damages and relief sought herein.
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COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

8.

Plaintiffs allege on information and belief that, in performing the acts

2 and omissions alleged herein, and at all times relevant hereto, each of the 3 Defendants was the agent and employee of each of the other defendants and was at 4 all times acting within the course and scope of such agency and employment with 5 the knowledge and approval of each of the other Defendants. 6 7 8 9. GENERAL ALLEGATIONS The Patents At Issue On February 8, 2011, United States Patent No. 7,882,581, entitled

9 Modular Foundation Assemblies for Beds (the 581 patent), was duly and 10 legally issued by the United States Patent and Trademark Office (the USPTO). 11 10. By assignment, Cybil is the owner of all rights, title and interest in and 12 to the 581 patent, including all rights to recover for any and all past infringement 13 thereof. A true and correct copy of the 581 patent is attached hereto as Exhibit 14 A. 15 11. On May 10, 2011, United States Patent No. 7,937,788, entitled 16 Modular Foundation Assembly for Beds (the 788 patent), was duly and legally 17 issued by the USPTO. 18 12. By assignment, Cybil is the owner of all rights, title and interest in and 19 to the 788 patent, including all rights to recover for any and all past infringement 20 thereof. A true and correct copy of the 788 patent is attached hereto as Exhibit 21 B. 22 13. Forever Foundations is the exclusive licensee of the 581 and 788 23 patents, and sells bed frames that are covered by the 581 and 788 patents. Forever 24 Foundations marks such bed frames with the 581 and 788 patents. 25 26 14. Defendants Willful Patent Infringement From November, 2011 to November, 2012, Michael Echevarria worked

27 for Forever Foundations. Prior to that time, starting in 2008, Mr. Echevarria worked 28 for the predecessor of Forever Foundations. As a result of his work with Forever
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COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

1 Foundations and its predecessor, Mr. Echevarria is and has been fully aware of the 2 581 and 788 patents, and the fact that Forever Foundations bed frames are 3 covered by such patents. 4 15. From November, 2011 to February, 2013, Gary Ling Keung Hung

5 worked as a supplier of bed frames to Forever Foundations. Prior to that time, since 6 2006, Mr. Hung worked in that same capacity with Forever Foundations 7 predecessor. As a result of this work, Mr. Hung is and has been fully aware of the 8 581 and 788 patents, and the fact that Forever Foundations bed frames are 9 covered by such patents. In fact, Mr. Hung is one of the named inventors on the 10 581 patent. 11 16. From May, 2012 to August, 2012, Raymond Harris worked with the

12 company that handles shipping for Forever Foundations. As a result of this work, 13 Mr. Harris is and has been fully aware of the 581 and 788 patents, and the fact that 14 Forever Foundations bed frames are covered by such patents. 15 17. Despite their knowledge of the existence and scope of the 581 and 16 788 patents, Messrs. Echevarria, Hung and Harris, through Optional, have 17 embarked on a scheme to blatantly steal business from Forever Foundations by 18 making and selling a blatant knock-off of Forever Foundations beds, which knock19 off infringes the 581 and 788 patents. On information and belief, Mr. Echevarria 20 is the founder and Managing Member of Optional, Mr. Hung is identified on the 21 about us page of Optionals website as the second entrepreneur, and Mr. Harris 22 is identified on the about us page of Optionals website as the third 23 entrepreneur. 24 18. Optional sells the Eco Stow bed frames that infringe the 581 and 788 25 patents directly to customers through www.ecostow.com, through Optionals 26 Facebook page and from Ebay.com and Amazon.com. Optional ships the infringing 27 bed frames directly to customers, and on information and belief, has shipped beds to 28 customers in this Judicial District.
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2118/031030-0002 6287209.1 a11/12/13

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COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

1 2 3 19.

FIRST CLAIM FOR RELIEF (Infringement of the 581 Patent) Plaintiffs reallege each and every allegation set forth in paragraphs 1

4 through 18 above, and incorporate them herein. 5 20. Defendants make, use, sell, offer to sell, and/or import into the United 6 States the Eco Stow and Eco Stow Supreme bed frames, both of which contain 7 each and all of the elements of at least one claim of the 581 patent, including in this 8 Judicial District. As such, Defendants have infringed and are infringing the 581 9 patent and will continue to do so unless enjoined by this Court. 10 21. Defendants infringement of the 581 patent has been and will continue 11 to be willful, wanton and deliberate with full knowledge and awareness of Plaintiffs 12 patent rights. 13 22. Plaintiffs have been damaged in an amount to be determined at trial,

14 but which consists of lost profits and/or a reasonable royalty, and irreparably injured 15 by Defendants infringing activities. Plaintiffs will continue to be so damaged and 16 irreparably injured unless such infringing activities are enjoined by this Court. 17 18 19 23. SECOND CLAIM FOR RELIEF (Infringement of the 788 Patent) Plaintiffs reallege each and every allegation set forth in paragraphs 1

20 through 18 above, and incorporate them herein. 21 24. Defendants make, use, sell, offer to sell, and/or import into the United 22 States the Eco Stow and Eco Stow Supreme bed frames, both of which contain 23 each and all of the elements of at least one claim of the 788 patent, including in this 24 Judicial District. As such, Defendants have infringed and are infringing the 788 25 patent and will continue to do so unless enjoined by this Court. 26 25. Defendants infringement of the 788 patent has been and will continue 27 to be willful, wanton and deliberate with full knowledge and awareness of Plaintiffs 28 patent rights.
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COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

26. Plaintiffs have been damaged in an amount to be determined at trial,

2 but which consists of lost profits and/or a reasonable royalty, and irreparably injured 3 by Defendants' infringing activities. Plaintiffs will continue to be so damaged and 4 irreparably injured unless such infringing activities are enjoined by this Court. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

P YER
WHEREFORE, Plaintiffs pray for the following relief: a. Preliminary and permanent injunctions pursuant to

35 U.S.C. 283 enjoining and restraining Defendants, their officers, directors, agents, employees, successors and assigns, and all those acting in privity or concert with Defendants or any of them, from further infringement of the '581 and '788 patents; b. A judgment by the Court that Defendants have infringed

and are infringing the '581 and '788 patents; c. An award of damages for infringement of the '581 and

'788 patents, together with prejudgment interest and costs, said damages to be trebled by reason of the intentional and willful nature of Defendants' infringement, as provided by 35 U.S.C. 284; d. An award of Plaintiffs' reasonable attorneys' fees

pursuant to 35 U.S.C. 285 in that this is an exceptional case; e. f. and proper. RUTAN & TUCKER, LLP RONALD P. OINES BRADLEY A. CHAPIN By: Ronald P-."--Oines Attorneys for Plaintiffs FOREVER FOU\MATIONS & FRAME, LLC and CYBIL, LLC
COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

Plaintiffs' costs of suit herein; and For such other and further relief as this Court deems just

23 Dated: November 11, 2013 24 25 26 27 28


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DEMAND FOR JURY TRIAL Plaintiffs hereby demand a trial by jury. RUTAN & TUCKER, LLP RONALD P. OINES BRADLEY A. By: n_alkl P. Oines Attorneys for Plaintiffs FOREVER FOUNDATIONS & FRAME, LLC and CYBIL, LLC

3 Dated: November 11,2013 4 5 6 7


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COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL