Innovative Creations v. IDDEA California - Complaint

Case 2:16-cv-00456-NVW Document 1 Filed 02/17/16 Page 1 of 9
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Sean Kealii Enos (#023634)

Jeffrey W. Johnson (#024435)
SCHMEISER, OLSEN & WATTS, LLP
18 E. University Drive, Suite 101
Mesa, Arizona 85201
Telephone: (480) 655-0073
Facsimile: (480) 655-9536
kenos@IPlawUSA.com
jjohnson@IPlawUSA.com
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
Innovative Creations, Inc., an Arizona
Corporation,
Case No.
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COMPLAINT
Plaintiff,
DEMAND FOR JURY TRIAL
vs.
IDDEA California, LLC dba Go Rhino,
a California limited liability company,
Defendant.
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Plaintiff Innovative Creations, Inc (hereinafter ICI) hereby complains
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against defendant IDDEA California, LLC dba Go Rhino (GO RHINO), and for its
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causes of action alleges as follows:
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NATURE OF THE ACTION
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1.
This is an action brought by Plaintiff against Defendant GO RHINO for
preliminary and permanent injunctive relief and monetary damages to remedy direct
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infringement by Defendant GO RHINO of United States Patent Number D744,405
(hereinafter the 405 Patent). A true and correct copy of the 405 Patent is attached
hereto as Exhibit A.
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2.
Plaintiff ICI is the assignee of all right, title and interest in the 405
Patent, which relates to a vehicle light mount.

3.
Defendant GO RHINO makes, uses, sells, offers for sale, imports into the
United States and/or exports at least one product that infringes the 405 Patent.
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Accordingly, Plaintiff ICI seeks monetary and injunctive relief pursuant to
its claims arising out of Defendant GO RHINOs willful and wrongful taking of,
making, using, importing, selling and/or offering to sell in the Unites States, Plaintiff
ICIs invention as claimed in the 405 Patent.
PARTIES
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5.
Plaintiff ICI is an Arizona Corporation having its principal place of
business at 8960 W Larkspur Dr., Suite 107, Peoria, AZ 85381.

6.
Plaintiff ICI designs, markets, and sells automotive accessories
throughout the Unites States.
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7.
Plaintiff ICI is the assignee of, and exclusive owner of, the patent rights
on which the claims of relief asserted herein are based.

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Defendant IDDEA California, LLC dba Go Rhino is a limited liability
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company organized and existing under the laws of California with its principal place of
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business located at 589 Apollo St, Brea, CA 92821.
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9.
Defendant GO RHINO markets, uses, imports, sells and/or offers for sale
automotive accessories.
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Defendant GO RHINO is doing business in the United States and, more
particularly, in the District of Arizona, by marketing, making, using, selling, importing,
and/or offering for sale vehicle light mount products that infringe the patent claims
involved in this action in this District, or by transacting other business in this District.
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JURISDICTION AND VENUE
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This is a civil action for patent infringement arising under the patent laws
of the United States, Title 35, United States Code, including 35 U.S.C. 271. Subject
matter jurisdiction is conferred on this Court by 28 U.S.C. 1331 and 1338(a).
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Defendant GO RHINO regularly and persistently solicits and conducts
business in the District of Arizona.

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Upon information and belief, the marketing and sale of the accused
products sold by Defendant GO RHINO directly infringes the Patents.

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Defendant GO RHINOs actions as described herein have caused, and
will continue to cause, tortious injury to Plaintiff ICI, a resident of this State, and, if not
enjoined, will permit Defendant GO RHINO to wrongfully derive substantial revenue
from its activities within the State of Arizona and the District of Arizona.
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Upon information and belief, Defendant GO RHINO derives substantial
revenue from activities within the State of Arizona and the District of Arizona, and has
sold a substantial number of products within or for delivery or distribution into this
State and District.
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This Court has personal jurisdiction over Defendant GO RHINO pursuant
to the provisions of the Arizonas long arm statute, Rule 4.2, Ariz. R. Civ. P., and the
laws of the United States.
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GO RHINO has established minimum contacts with the State of Arizona.
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Defendant GO RHINO directly and/or through intermediaries (including
distributors, retailers, and others), ships, distributes, offers for sale, sells, and advertises
its products or services that infringe one or more claims of Plaintiff ICIs patents in the
District of Arizona.
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Defendant GO RHINO has purposefully and voluntarily sold one or more
of its products with the expectation that they will be purchased by consumers in the
District of Arizona, and Defendant GO RHINOs products have been and continue to be
purchased by consumers in the District of Arizona.
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Defendant has committed acts of patent infringement within the State of
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Arizona and in the District of Arizona, and has purposefully availed itself of the
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benefits of the State of Arizona such that the exercise of jurisdiction over Defendant GO
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RHINO would not offend traditional notions of fair play and substantial justice.
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The events giving rise to the claims herein, or a substantial portion
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thereof, occurred in this District. Furthermore, Defendant GO RHINO, a California
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limited liability company, is subject to personal jurisdiction in this judicial district as
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detailed above. Therefore, venue is proper under 28 U.S.C. 1391(b)-(d) and
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1400(b).
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U.S. Patent No. D744,405
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Plaintiff ICI incorporates by reference the preceding paragraphs as if fully
set forth herein.
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On December 1, 2015, after full and fair examination, the United States
Patent and Trademark Office (USPTO) duly and legally issued Letters Patent No.
D744,405 (hereinafter the 405 Patent) entitled VEHICLE LIGHT MOUNT. A
true and correct copy of the 405 Patent is attached hereto as Exhibit A.
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Prior to the issuance of the 405 Patent on December 1, 2015, the inventor
assigned his entire right, title and interest in the Patent to Plaintiff ICI, including the
right to damages for past, present and future infringement of the 405 Patent.
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Plaintiff ICI has not assigned or otherwise transferred its rights to the 405
Patent, and Plaintiff ICI remains the owner of all the rights, title and interest in the
Patent, giving Plaintiff ICI all rights of recovery under the 405 Patent, including the
right to recover damages for past infringement.
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The 405 Patent is valid and enforceable.
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Plaintiff sells a vehicle light mount that embodies the limitations of one of
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more claims of the 405 Patent. A photograph of an exemplary product sold by Plaintiff
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is attached hereto as Exhibit B.
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INFRINGER and Its Accused Devices
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Upon information and belief, at least one device made, imported or
offered for sale by Defendant GO RHINO (hereinafter referred to as the ACCUSED

INFRINGING DEVICE) infringes the 405 Patent.
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A photograph of the at least one ACCUSED INFRINGING DEVICE is
attached as Exhibit C.
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Defendant GO RHINO has neither entered into a license agreement with
Plaintiff ICI, nor ceased its infringement of the 405 Patent.

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Defendants ACCUSED INFRINGING DEVICE competes directly with
Plaintiffs products sold under the 405 Patent.
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FIRST CLAIM FOR RELIEF
(Infringement of U.S. Patent No. D744,405)
[35 U.S.C. 271]
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Plaintiff ICI incorporates by reference all averments set forth in the
paragraphs above as if fully rewritten herein.

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Upon information and belief, Defendant GO RHINO has been, and is
now, directly infringing the 405 Patent by making, using, selling, offering for sale,
importing into the United States and/or exporting its products that practice or embody
one or more claims of the 405 Patent.
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Upon information and belief, Defendant GO RHINO is making, using,
importing, selling, or offering to sell in the United States the ACCUSED INFRINGING
DEVICE identified in Exhibit C, which ACCUSED INFRINGING DEVICE infringes
one or more claims of the 405 Patent.
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As a result of Defendant GO RHINOs acts of infringement, Plaintiff ICI
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has suffered irreparable harm, and will continue to suffer irreparable harm until and
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unless Defendant GO RHINOs infringing activities are enjoined. Harm to Plaintiff ICI
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within this judicial district and elsewhere in the United States resulting from the acts of
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direct infringement of the 405 Patent by Defendant GO RHINO, as set forth above, is
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irreparable, continuing, and not fully compensable by money damages alone.
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On information and belief, Defendant GO RHINO has profited and will
continue to profit by its wrongful activities.

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Plaintiff ICI has been be damaged by Defendant GO RHINOs infringing
activities and will continue to be damaged by these activities, causing irreparable injury
and damage to Plaintiff ICI, for which there is no adequate remedy of law, unless
restrained and enjoined by this Court.
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Plaintiff ICI is entitled to recover from Defendant GO RHINO the
damages sustained by Plaintiff ICI adequate to compensate for the infringement,

together with interest and costs, as a result of Defendant GO RHINOs wrongful acts in
an amount subject to proof at trial.
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Pursuant to 35 U.S.C. 289, Plaintiff is entitled to recover Defendants
total profit on the Infringing Products, but not less than $250, as an additional remedy
for infringement of a design patent.
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The amount of monetary damages which Plaintiff ICI has suffered as a
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result of the acts of Defendant GO RHINO as set forth above cannot be determined
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without an accounting.
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DEMAND FOR JURY TRIAL

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jury for all issues triable of right by a jury.
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Pursuant to Fed. R. Civ. P. 38(b), Plaintiff ICI hereby demands a trial by
PRAYER FOR RELIEF

WHEREFORE, Plaintiff ICI demands judgment against Defendant GO RHINO
as follows:
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1.
A judgment that Defendant has directly infringed the 405 Patent;
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A judgment and order that Defendant, and any of its parents, affiliates,
subsidiaries, officers, agents, servants, employees, attorneys, successors and assigns,
and those persons acting in concert, participation, privity, on behalf of, in joint venture,
or in partnership with Defendant, be enjoined preliminarily, and then permanently, from
making, importing, using, offering for sale, selling, or causing to be sold any product or
service falling within the scope of any claim of the Patents, or otherwise infringing,
inducing to infringe, or contributing to the infringement of the Patents;
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That the Court order an accounting for damages, including Defendants
profits resulting from Defendants acts of infringement through verdict and thereafter
until Defendant is enjoined from further infringing activities;
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A judgment and order that Plaintiff be awarded damages adequate to
compensate for the infringement under 35 U.S.C. 284, including Defendants profits
resulting from Defendants acts of infringement, Plaintiffs lost profits and/or a
reasonable royalty, and including supplemental damages for any continuing post-verdict
infringement until Defendant is enjoined from further infringing activities;
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A judgment and order requiring Defendant to pay Plaintiff pre-judgment
and post-judgment interest on the damages awarded, including an award of prejudgment

interest, pursuant to 35 U.S.C. 284, from the date of each act of infringement of the
405 Patent by Defendant to the day a damages judgment is entered, and a further award
of post-judgment interest, pursuant to 28 U.S.C. 1961, continuing until such judgment
is paid, at the maximum rate allowed by law;
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In the event an injunction is not awarded, a compulsory ongoing royalty;
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That the Defendants activities were in all respects conducted willfully
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and for profit;
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That Defendants be required to pay to Plaintiff such damages as Plaintiff
has sustained in consequence of Defendants infringement of the 405 Patent;

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That Defendants, as an additional remedy for infringement of a design
patent, be ordered to account for and pay over to Plaintiff all their respective gains,
profits and advantages derived from the infringement of Plaintiffs Patents, pursuant to
35 U.S.C. 289, or such damages as may appear to the Court as proper within the
Patent Laws;
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That in the alternative, a reasonable royalty be awarded to Plaintiff
pursuant to 35. U.S.C. 284;
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That Defendants infringement was willful, and that Defendants
consequently be ordered to pay Plaintiff enhanced damages (e.g., treble damages);
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Plaintiffs costs of suit and attorneys fees; and
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That Plaintiff ICI be awarded such other and further relief as the Court
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deems just and equitable.

DATED this 17th day of February, 2016.
SCHMEISER, OLSEN & WATTS LLP
By:
/s/Sean K. Enos/
Sean K. Enos
Jeffrey W. Johnson
SCHMEISER, OLSEN & WATTS, LLP
Mesa, Arizona 85201
Attorneys for Plaintiff
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Case 2:16-cv-00456-NVW Document 1-1 Filed 02/17/16 Page 1 of 28
EXHIBIT A
EXHIBIT B
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EXHIBIT C
http://www.azd.uscourts.gov/cgi-bin/generate_civil_js44.pl
UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA
Civil Cover Sheet

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September
1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information
contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is
authorized for use only in the District of Arizona.
The completed cover sheet must be printed directly to PDF and filed as an attachment to
the Complaint or Notice of Removal.
IDDEA California, LLC dba Go
Rhino, a California LLC
Plaintiff(s): Innovative Creations, Inc.
Defendant(s):
County of Residence: Maricopa
County of Residence: Outside the State of Arizona
County Where Claim For Relief Arose: Maricopa

Plaintiff's Atty(s):
Defendant's Atty(s):
Sean Kealii Enos

Schmeiser, Olsen & Watts LLP
Mesa, Arizona 85201
(480) 655-0073
Jeffrey W. Johnson
Schmeiser, Olsen & Watts LLP
Mesa, Arizona 85201
(480) 655-0073
II. Basis of Jurisdiction:
3. Federal Question (U.S. not a party)
III. Citizenship of Principal

Parties (Diversity Cases Only)
Plaintiff:- N/A
Defendant:- N/A
1 of 2
IV. Origin :
1. Original Proceeding
V. Nature of Suit:
830 Patent
2/17/2016 1:53 PM
2 of 2
http://www.azd.uscourts.gov/cgi-bin/generate_civil_js44.pl

VI.Cause of Action:
35 U.S.C. 271. Plaintiff alleges that Defendant infringes U.S. Patent

No. D744,405.
VII. Requested in Complaint

Class Action: No
Dollar Demand: Judgement of infringement, injunctive relief, damages, attorneys' fees.
Jury Demand: Yes
VIII. This case is not related to another case.
Signature: //Sean Kealli Enos
Date: 02/17/2016
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Innovative Creations v. IDDEA California - Complaint

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Innovative Creations v. IDDEA California - Complaint

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Case 2:16-cv-00456-NVW Document 1 Filed 02/17/16 Page 1 of 9

Sean Kealii Enos (#023634)

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DEMAND FOR JURY TRIAL

Plaintiff Innovative Creations, Inc (hereinafter ICI) hereby complains

causes of action alleges as follows:

NATURE OF THE ACTION

This is an action brought by Plaintiff against Defendant GO RHINO for

Case 2:16-cv-00456-NVW Document 1 Filed 02/17/16 Page 2 of 9

infringement by Defendant GO RHINO of United States Patent Number D744,405

Patent, which relates to a vehicle light mount.

Accordingly, Plaintiff ICI seeks monetary and injunctive relief pursuant to

Plaintiff ICI is an Arizona Corporation having its principal place of

business at 8960 W Larkspur Dr., Suite 107, Peoria, AZ 85381.

Plaintiff ICI designs, markets, and sells automotive accessories

throughout the Unites States.

on which the claims of relief asserted herein are based.

Defendant IDDEA California, LLC dba Go Rhino is a limited liability

business located at 589 Apollo St, Brea, CA 92821.

Case 2:16-cv-00456-NVW Document 1 Filed 02/17/16 Page 3 of 9

Defendant GO RHINO is doing business in the United States and, more

particularly, in the District of Arizona, by marketing, making, using, selling, importing,

JURISDICTION AND VENUE

Defendant GO RHINO regularly and persistently solicits and conducts

business in the District of Arizona.

products sold by Defendant GO RHINO directly infringes the Patents.

Defendant GO RHINOs actions as described herein have caused, and

Upon information and belief, Defendant GO RHINO derives substantial

Case 2:16-cv-00456-NVW Document 1 Filed 02/17/16 Page 4 of 9

This Court has personal jurisdiction over Defendant GO RHINO pursuant

laws of the United States.

GO RHINO has established minimum contacts with the State of Arizona.

Defendant GO RHINO directly and/or through intermediaries (including

Defendant GO RHINO has purposefully and voluntarily sold one or more

Defendant has committed acts of patent infringement within the State of

The events giving rise to the claims herein, or a substantial portion

thereof, occurred in this District. Furthermore, Defendant GO RHINO, a California

limited liability company, is subject to personal jurisdiction in this judicial district as

detailed above. Therefore, venue is proper under 28 U.S.C. 1391(b)-(d) and

U.S. Patent No. D744,405

Case 2:16-cv-00456-NVW Document 1 Filed 02/17/16 Page 5 of 9

Plaintiff ICI incorporates by reference the preceding paragraphs as if fully

set forth herein.

D744,405 (hereinafter the 405 Patent) entitled VEHICLE LIGHT MOUNT. A

The 405 Patent is valid and enforceable.

is attached hereto as Exhibit B.

INFRINGER and Its Accused Devices

Upon information and belief, at least one device made, imported or

offered for sale by Defendant GO RHINO (hereinafter referred to as the ACCUSED

A photograph of the at least one ACCUSED INFRINGING DEVICE is

Case 2:16-cv-00456-NVW Document 1 Filed 02/17/16 Page 6 of 9

Defendant GO RHINO has neither entered into a license agreement with

Plaintiff ICI, nor ceased its infringement of the 405 Patent.

Defendants ACCUSED INFRINGING DEVICE competes directly with

Plaintiffs products sold under the 405 Patent.

FIRST CLAIM FOR RELIEF

(Infringement of U.S. Patent No. D744,405)

[35 U.S.C. 271]

Plaintiff ICI incorporates by reference all averments set forth in the

paragraphs above as if fully rewritten herein.

Upon information and belief, Defendant GO RHINO has been, and is

Upon information and belief, Defendant GO RHINO is making, using,

As a result of Defendant GO RHINOs acts of infringement, Plaintiff ICI