Sysonic Elecs. v. DeepMotor - Complaint

Case 5:20-cv-00660 Document 1 Filed 04/01/20 Page 1 of 10 Page ID #:1
1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

A Limited Liability Partnership
2 Including Professional Corporations
BRUCE G. CHAPMAN, Cal. Bar No. 164258
3 bchapman@sheppardmullin.com
333 South Hope Street, 43rd Floor
4 Los Angeles, California 90071-1422
Telephone: 213.620.1780
5 Facsimile: 213.620.1398
6 ALONZO & ASSOCIATES
Arlyn L. Alonzo, Cal. Bar No. 185169
7 arlyn@alonzoasso.com
1015 Garnet Street
8 Redondo Beach, California 90277-3513
Telephone: 310.291.6738
9
Attorneys for Plaintiff
10 SYSONIC ELECTRONICS, INC.
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12 UNITED STATES DISTRICT COURT
13 CENTRAL DISTRICT OF CALIFORNIA
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15 SYSONIC ELECTRONICS, INC., Case No. 5:20-cv-660
16 Plaintiff, COMPLAINT FOR PATENT
INFRINGEMENT
17 v.
JURY TRIAL DEMANDED
18 DEEPMOTOR, INC., ARCH
EBUSINESS INTERNATIONAL,
19 INC., and YONG WEI,
20 Defendants.
21
22 Plaintiff Sysonic Electronics, Inc. d/b/a Top Street Performance (hereinafter
23 “Sysonic”), for its complaint against Defendants DeepMotor, Inc. (hereinafter,
24 “DeepMotor”), Arch Ebusiness International, Inc. (hereinafter, “Arch”), and Young
25 Wei (hereinafter “Wei”) alleges as follows:
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SMRH:4830-3577-7719.1 COMPLAINT FOR PATENT INFRINGEMENT
1 The Parties
2 1. Sysonic is a corporation organized and existing under the laws of the
3 State of California, with its principal place of business at 15050 Shoemaker Avenue,
4 Santa Fe Springs, CA 90670.
5 2. Doing business as Top Street Performance, Sysonic markets and sells
6 aftermarket automotive accessories and parts in this district, in the State of
7 California, and throughout the United States of America.
8 3. On information and belief, DeepMotor is a corporation organized and
9 existing under the laws of the State of California, having a principal place of
10 business at 11335 Jersey Blvd. Suite A, Rancho Cucamonga, CA 91730.
11 4. On information and belief, Arch is a corporation organized and existing
12 under the laws of the State of California, having a principal place of business at
13 8691 San Miguel Pl, Rancho Cucamonga, CA 91730.
14 5. On information and belief, Wei is an individual having an address at
15 11335 Jersey Blvd. Suite A, Rancho Cucamonga, CA 91730.
16 6. On information and belief, DeepMotor offers to sell aftermarket
17 automotive accessories and parts in this district, in the State of California, and
18 throughout the United States of America.
19 7. On information and belief, Arch sells aftermarket automotive
20 accessories and parts in this district, in the State of California, and throughout the
21 United States of America.
22 8. On information and belief, Wei is the Chief Executive Officer of
23 DeepMotor and personally causes DeepMotor to offer to sell aftermarket automotive
24 accessories and parts in this district, in the State of California, and throughout the
25 United States of America.
26 Jurisdiction and Venue
27 9. This is an action for design patent infringement arising under the Patent
28 Act, 35 U.S.C. § 101 et seq. The Court has subject matter jurisdiction over this
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1 action pursuant to, inter alia, 28 U.S.C. § 1331 (federal question) and 28 U.S.C.
2 § 1338(a) (action arising under the Patent Act).
3 10. The Court has personal jurisdiction over DeepMotor because
4 DeepMotor is a California corporation that has done and continues to regularly do
5 business in the State of California.
6 11. The Court has personal jurisdiction over Arch because Arch is a
7 California corporation that has done and continues to regularly do business in the
8 State of California.
9 12. The Court has personal jurisdiction over Wei because Wei is a resident
10 of the Sate of California and this district, and has induced patent infringement in this
11 district.
12 13. Venue is proper in this district as to DeepMotor pursuant to 28 U.S.C.
13 § 1400(b) because DeepMotor resides in this district and has committed
14 infringement through its regular and established place of business in this district.
15 14. Venue is proper in this district as to Arch pursuant to 28 U.S.C.
16 § 1400(b) because Arch resides in this district and has committed infringement
17 through its regular and established place of business in this district.
18 15. Venue is proper in this district as to Wei pursuant to 28 U.S.C.
19 § 1400(b) because Wei resides in this district and has induced infringement through
20 his regular and established place of business in this district.
21 Background
22 16. Sysonic, doing business as Top Street Performance, is a leader in the
23 field of aftermarket vehicle parts, including ignition coil covers.
24 17. Sysonic’s ignition coil covers are specifically designed to provide a
25 unique and distinctive design that differentiates its products from others.
26 18. On August 4, 2015, United States Patent No. D735,759 (“the ’759
27 patent”) was duly and legally issued by the United States Patent and Trademark
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1 Office. Sysonic is the lawful owner of the ’759 patent. A copy of the ’759 patent is
2 attached as Exhibit A. The ’759 patent remains in full force and effect.
3 19. The ’759 patent covers an ornamental design for an ignition coil cover.
4 20. Sysonic practices the ’759 patent in connection with the
5 commercialization of ignition coil covers, as shown for example below.
6 ‘759 Patent Sysonic Ignition Coil Cover
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21. The Sysonic ignition coil cover is, and has been, marked with the
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number of the ‘759 patent, as shown below.
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22. The Sysonic ignition coil covers have been commercially successful
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with their distinctive design providing differentiation to other competitors’ designs.
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1 23. From 2012 to 2018, Sysonic used Wei as the source for its ignition
2 cover coils, providing Wei with the design from which to build the ignition coil
3 covers and the number of the ’759 patent to mark on those covers.
4 24. In 2018, Sysonic ended its relationship with Wei.
5 The Infringement
6 25. On information and belief, in 2018, Wei incorporated DeepMotor for
7 the purpose of selling aftermarket automotive parts on eBay.
8 26. On information and belief, DeepMotor offers for sale ignition coil
9 covers in competition with Sysonic.
10 27. On information and belief, Arch sells and distributes ignition coil
11 covers offered for sale by DeepMotor.
12 28. On information and belief, Wei personally directs and causes the
13 activities of DeepMotor with respect to the ignition coil covers offered for sale by
14 DeepMotor.
15 29. On information and belief, the ignition coil cover offered for sale by
16 DeepMotor, and sold and distributed by Arch, is substantially the same as Sysonic’s
17 ignition coil cover, shown below.
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19 Sysonic Ignition Coil Cover Defendants’ Ignition Coil Cover
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1 30. On information and belief, Wei was aware of the ’759 patent because
2 of his involvement in producing the patented Sysonic ignition coil covers.
3 31. On information and belief, DeepMotor was aware of the ’759 patent
4 because its activities were directed by Wei.
5 32. On information and belief, Wei caused DeepMotor to substantially
6 copy the ignition coil cover design from Sysonic’s ignition coil cover.
7 33. The design of the ignition coil covers, on information and belief,
8 offered for sale by DeepMotor and sold and distributed by Arch are substantially the
9 same as the design of the ’759 patent. The designs are so nearly identical that an
10 ordinary observer, giving such attention as a purchaser usually gives, would be
11 deceived by the substantial similarity between the designs so as to be induced to
12 purchase the Defendants’ products believing them to be substantially the same as the
13 design protected by the ’759 patent, as shown below.
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‘759 Patent Defendants’ Ignition Coil Cover
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34. Other than with regard to covers manufactured for Sysonic from 2012
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to 2018, Sysonic has not authorized DeepMotor, Arch or Wei to make, use, offer for
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1 sale, sell or import ignition coil covers that embody the design patented in the ’759
2 patent.
3 35. On information and belief, Wei and DeepMotor are willfully and
4 knowingly infringing the ’759 patent.
5 Count I
6 (Infringement of United States Design Patent No. D735,759 by DeepMotor)
7 36. Sysonic incorporates by reference the allegations contained in
8 paragraphs 1-35 above.
9 37. Sysonic provided constructive notice to DeepMotor of its infringement
10 by marking its product with the number of the ’759 patent.
11 38. On information and belief, DeepMotor has infringed and continues to
12 infringe the ’759 patent by, inter alia, offering to sell or selling in the United States
13 products infringing the ornamental design covered by the ’759 patent in violation of
14 35 U.S.C. § 271.
15 39. On information and belief, DeepMotor’s infringement was, and is,
16 willful.
17 40. DeepMotor’s infringement has damaged and continues to damage and
18 injure Sysonic. The injury to Sysonic is irreparable and will continue unless and
19 until DeepMotor is enjoined from further infringement.
20 Count II
21 (Infringement of United States Design Patent No. D735,759 by Arch)
24 42. Sysonic provided constructive notice to Arch of its infringement by
25 marking its product with the number of the ’759 patent.
26 43. On information and belief, Arch has infringed and continues to infringe
27 the ’759 patent by, inter alia, selling and distributing in the United States products
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1 infringing the ornamental design covered by the ’759 patent in violation of

2 35 U.S.C. § 271.
3 44. Arch’s infringement has damaged and continues to damage and injure
4 Sysonic. The injury to Sysonic is irreparable and will continue unless and until
5 Arch is enjoined from further infringement.
6 Count III
7 (Induced Infringement of United States Design Patent No. D735,759 by Wei)
10 46. Sysonic provided constructive notice to Wei of its infringement by
11 marking its product with the number of the ’759 patent.
12 47. On information and belief, Wei has actively induced infringement and
13 continues to induce infringement of the ’759 patent by, inter alia, personally
14 directing the infringing activities of DeepMotor in violation of 35 U.S.C. § 271.
15 48. On information and belief, Wei’s inducement was, and is, willful.
16 49. Wei’s inducement has damaged and continues to damage and injure
17 Sysonic. The injury to Sysonic is irreparable and will continue unless and until Wei
18 is enjoined from further inducement.
19 Prayer for Relief
20 WHEREFORE, Plaintiff Sysonic, prays for the following relief:
21 A. A judgment entered in favor of Sysonic on its claim that Defendants
22 infringed the ’759 patent;
23 B. A judgment entered in favor of Sysonic on its claim that DeepMotor’s
24 Wei’s infringement the ’759 patent was willful;
25 C. An injunction enjoining Defendants, their respective officers, directors,
26 agents, and employees and all those in concert or participation with it who receive
27 notice, from making, importing, using, selling, and offering to sell infringing
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1 products practicing the ’759 patent and from otherwise infringing, contributing to
2 infringement of, and actively inducing infringement of the ’759 patent;
3 D. A judgment that Defendants pay to Sysonic the extent of their total
4 profit and revenue realized and derived from its infringement of the ’759 patent, and
5 actual damages to Sysonic in an amount not less than a reasonable royalty for their
6 infringement;
7 E. A judgment that DeepMotor and Wei pay to Sysonic treble damages in
8 accordance with 35 U.S.C. § 284 for DeepMotor’s and Wei’s willful and deliberate
9 infringement.
10 F. An award of costs of this action together with Sysonic’s reasonable
11 attorney’s fees pursuant to 35 U.S.C. § 285 for this case being exceptional;
12 G. An award of interest, including prejudgment interest, on all damages;
13 and
14 H. An award to Sysonic of such further relief as the Court deems just and
15 proper.
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17 Dated: April 1, 2020
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By: /s/ Bruce G. Chapman
21 BRUCE G. CHAPMAN
22
Attorneys for Plaintiff SYSONIC
23 ELECTRONICS, INC. d/b/a TOP STREET
24 PERFORMANCE
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1 Demand for Trial by Jury

2 Sysonic hereby demands a trial by jury as to all issues so triable.
3
4 Dated: April 1, 2020
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By: /s/ Bruce G. Chapman
8 BRUCE G. CHAPMAN
9
Attorneys for Plaintiff SYSONIC
10 ELECTRONICS, INC. d/b/a TOP STREET
11 PERFORMANCE
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Case 5:20-cv-00660 Document 1-1 Filed 04/01/20 Page 1 of 8 Page ID #:11
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Sysonic Elecs. v. DeepMotor - Complaint

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Case 5:20-cv-00660 Document 1 Filed 04/01/20 Page 1 of 10 Page ID #:1

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

1 infringing the ornamental design covered by the ’759 patent in violation of

1 Demand for Trial by Jury

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