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SOUTHERN DIVISION
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v.
TOPRICH (U.S.A.), INC. d/b/a
STR-RACING. a California corporation,
Defendant.
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This Court has original subject matter jurisdiction over the claims
in this action pursuant to 35 U.S.C. 271 and 281 and 28 U.S.C. 1331 and
1338 as these claims arise under the laws of the United States.
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judicial district including by selling and offering for sale infringing products in
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consumers and/or retailers in this district and selling into the stream of
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commerce knowing such products would be sold in California and this district,
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which acts form a substantial part of the events or omissions giving rise to
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Plaintiffs claim.
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3.
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laws of the State of California, having its principal place of business at 2380
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California.
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the laws of the State of California, having its principal place of business at
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Defendant has committed the acts alleged herein within this judicial district.
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For over twenty years, Lexani has been actively engaged in the
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the market. Lexani is the manufacturer and retailer of several lines of path-
breaking wheel designs that have enjoyed substantial success and are protected
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The radical design of the CSS-15 wheel caught the market by surprise and
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Design Patent No. D726,089 (the D089 Patent), which was duly and lawfully
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issued by the United States Patent and Trademark Office (USPTO) on April
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7, 2015. Frank Hodges is the owner of all right, title, and interest in the D089
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Patent, which is licensed to Lexani Wheel Corporation. A true and correct copy
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Design Patent No. D688,190 (the D190 Patent), which was duly and lawfully
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issued by the USPTO on August 20, 2013. Frank Hodges is the owner of all
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right, title, and interest in the D190 Patent, which is licensed to Lexani Wheel
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Corporation. A true and correct copy of the D190 Patent is attached hereto as
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Exhibit B.
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slavish copy to compete with Lexani. Defendants STR 621 is a blatant knock-
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off of Lexanis innovative CSS-15 design and infringes the D089 Patent and the
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D190 Patent.
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patent rights through several cease and desist letters. However, Defendant
continues to infringe the D089 Patent and the D190 Patent with complete
disregard for Plaintiffs patent rights. Defendants acts complained of herein are
(Patent Infringement)
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continues to, knowingly, intentionally, and willfully infringe the D089 Patent by
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making, using, selling, offering for sale, and/or importing a wheel having a
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the claim of the D089 Patent, including for example, Defendants STR 621
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Plaintiffs rights in the design claimed in the D089 Patent. Defendants STR
infringed the D089 Patent with reckless disregard for Plaintiffs patent rights.
Defendant knew, or it was so obvious that Defendant should have known, that
infringement of the D089 Patent were not consistent with the standards of
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continues to, knowingly, intentionally, and willfully infringe the D190 Patent by
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making, using, selling, offering for sale, and/or importing a wheel having a
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the claim of the D190 Patent, including for example, Defendants STR 621
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infringed the D190 Patent with reckless disregard for Plaintiffs patent rights.
Defendant knew, or it was so obvious that Defendant should have known, that
infringement of the D190 Patent were not consistent with the standards of
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infringement, Defendant has derived and received gains, profits, and advantages
in an amount that is not presently known to Plaintiffs.
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Defendants infringing acts and treble damages together with interests and costs
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and irreparable injury, for which Plaintiffs have no adequate remedy at law.
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using, selling, offering to sell, and/or importing the STR 621 Wheel and any
products that are not colorably different therefrom, and from infringing the
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derived by Defendants infringement of the D089 Patent and the D190 Patent in
violation of 35 U.S.C. 271, and that Defendant pay to Plaintiffs all damages
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D.
Such other and further relief as this Court may deem just and
proper.
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Respectfully submitted,
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triable.
Respectfully submitted,
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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WHEEL CENTER
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**
Inventor:
.
Term'
14 Years
13596548 5 *
7/2009
D609,624 S *
2/2010
D623,111
9/2010
D655,663 S
13628948 S * 120010
(72)
US D688,190 S
3/2012
D658,105 S *
4/2012
D671,881 S *
12/2012
* cited by examiner
(21)
(22)
Filed:
API._ 1, 2013
(51)
(57)
(52)
U-s- Cl-
(58)
....................................................... ..
CLAIM
described
DESCRIPTION
301/65, 64.201
design;
(56)
References Cited
position; and,
13477556 S
D508,007 S
8/2005
D516,493 S *
Koch
..
EXHIBIT B
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US. Patent
Au .20 2013
Sheetl 0r4
EXHIBIT B
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US. Patent
Au .20 2013
Sheet2 0r4
EXHIBIT B
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US. Patent
Sheet 3 of4
US D688,190 S
EXHIBIT B
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EXHIBIT B
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