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Case 8:16-cv-01929-AG-KES Document 1 Filed 10/21/16 Page 1 of 8 Page ID #:1

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Michael K. Friedland (SBN 157,217)


michael.friedland@knobbe.com
Paul N. Conover (SBN 192,358)
paul.conover@knobbe.com
Ali S. Razai (SBN 246,922)
ali.razai@knobbe.com
Daniel C. Kiang (SBN 307,961)
daniel.kiang@knobbe.com
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Telephone: (949) 760-0404
Facsimile: (949) 760-9502
Attorneys for Plaintiffs
LEXANI WHEEL CORPORATION
and FRANK HODGES

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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LEXANI WHEEL CORPORATION, a


California corporation, and FRANK
HODGES, an individual,
Plaintiffs,

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v.
TOPRICH (U.S.A.), INC. d/b/a
STR-RACING. a California corporation,
Defendant.

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Civil Action No. 8:16-CV-01929


COMPLAINT FOR
PATENT INFRINGEMENT
DEMAND FOR JURY TRIAL

Case 8:16-cv-01929-AG-KES Document 1 Filed 10/21/16 Page 2 of 8 Page ID #:2

Plaintiffs Lexani Wheel Corporation (Lexani) and Frank Hodges

(Hodges) (collectively Plaintiffs) hereby complain of Toprich (U.S.A.), Inc.

d/b/a STR-Racing (Defendant or Toprich) and allege as follows:

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I. JURISDICTION AND VENUE


1.

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.

2.

This Court has personal jurisdiction over Defendant because

Defendant has a continuous, systematic, and substantial presence within this

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judicial district including by selling and offering for sale infringing products in

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this judicial district, and by committing acts of infringement in this judicial

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district, including but not limited to selling infringing products directly to

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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.

1391(d), and 1400(b).

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Venue is proper in this judicial district under 28 U.S.C. 1391(b),

II. THE PARTIES


4.

Plaintiff Lexani is a corporation organized and existing under the

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laws of the State of California, having its principal place of business at 2380

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Railroad Street, Bldg. 101, Corona, California 92880.

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5.

Plaintiff Frank Hodges is an individual residing in Orange County,

California.
6.

Plaintiffs are informed and believe, and thereon allege, that

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Defendant Toprich (U.S.A.), Inc. is a corporation organized and existing under

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the laws of the State of California, having its principal place of business at

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2107-D W Commonwealth Avenue, Suite 392, Alhambra, California 91803.


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Case 8:16-cv-01929-AG-KES Document 1 Filed 10/21/16 Page 3 of 8 Page ID #:3

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Defendant has committed the acts alleged herein within this judicial district.

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Plaintiffs are informed and believe, and thereon allege, that

III. GENERAL ALLEGATIONS


8.

For over twenty years, Lexani has been actively engaged in the

manufacture and sale of high-quality automotive wheels, making it a leader in

the custom luxury wheel industry.

9.

Lexanis designers work tirelessly to bring breakthrough designs to

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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by various intellectual property rights owned by Lexani.


10.

Lexanis CSS-15 wheel is one of Lexanis most innovative designs.

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The radical design of the CSS-15 wheel caught the market by surprise and

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quickly made it one of Lexanis best-selling wheels.

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11.

The design of Lexanis CSS-15 wheel is protected by United States

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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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of the D089 Patent is attached hereto as Exhibit A.

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12.

The design of Lexanis CSS-15 wheel is also protected by U.S.

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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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13.

The success of the CSS-15 wheel prompted Defendant to create a

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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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Case 8:16-cv-01929-AG-KES Document 1 Filed 10/21/16 Page 4 of 8 Page ID #:4

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D190 Patent.
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Plaintiffs have provided Defendant with actual notice of their

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

willful and deliberate.

IV. FIRST CLAIM FOR RELIEF

(Patent Infringement)

(35 U.S.C. 271)

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15.

Plaintiffs repeat and re-allege the allegations of paragraphs 1-14 of

this Complaint as if set forth fully herein.

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16.

This is a claim for patent infringement under 35 U.S.C. 271.

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17.

Defendant, through its agents, employees, and servants has, and

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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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design that would appear to an ordinary observer to be substantially similar to

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the claim of the D089 Patent, including for example, Defendants STR 621

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wheel as shown below.

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Accused Product - STR 621 Wheel

U.S. Design Patent No. D726,089

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Case 8:16-cv-01929-AG-KES Document 1 Filed 10/21/16 Page 5 of 8 Page ID #:5

18.

Defendants acts of infringement of the D089 Patent were

undertaken without permission or license. Defendant had actual knowledge of

Plaintiffs rights in the design claimed in the D089 Patent. Defendants STR

621 wheel is a nearly identical copy of Plaintiffs design. Defendants actions

constitute willful and intentional infringement of the D089 Patent. Defendant

infringed the D089 Patent with reckless disregard for Plaintiffs patent rights.

Defendant knew, or it was so obvious that Defendant should have known, that

its actions constituted infringement of the D089 Patent. Defendants acts of

infringement of the D089 Patent were not consistent with the standards of

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commerce for its industry.


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Defendant, through its agents, employees, and servants has, and

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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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design that would appear to an ordinary observer to be substantially similar to

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the claim of the D190 Patent, including for example, Defendants STR 621

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wheel as shown below.

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Accused Product - STR 621 Wheel

U.S. Design Patent No. D688,190

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20.

Defendants acts of infringement of the D190 Patent were

undertaken without permission or license. Defendant had actual knowledge of


Plaintiffs rights in the design claimed in the D190 Patent. Defendants STR
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Case 8:16-cv-01929-AG-KES Document 1 Filed 10/21/16 Page 6 of 8 Page ID #:6

621 wheel is a nearly identical copy of Plaintiffs design. Defendants actions

constitute willful and intentional infringement of the D190 Patent. Defendant

infringed the D190 Patent with reckless disregard for Plaintiffs patent rights.

Defendant knew, or it was so obvious that Defendant should have known, that

its actions constituted infringement of the D190 Patent. Defendants acts of

infringement of the D190 Patent were not consistent with the standards of

commerce for its industry.

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21.

As a direct and proximate result of Defendants acts of

infringement, Defendant has derived and received gains, profits, and advantages
in an amount that is not presently known to Plaintiffs.
22.

Pursuant to 35 U.S.C. 284, Plaintiffs are entitled to damages for

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Defendants infringing acts and treble damages together with interests and costs

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as fixed by this Court.

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23.

Pursuant to 35 U.S.C. 285, Plaintiffs are entitled to reasonable

attorneys fees for the necessity of bringing this claim.


24.

Pursuant to 35 U.S.C. 289, Plaintiffs are entitled to recover

Defendants total profits from Defendants infringement.


25.

Due to the aforesaid infringing acts, Plaintiffs have suffered great

and irreparable injury, for which Plaintiffs have no adequate remedy at law.
26.

Defendant will continue to infringe Plaintiffs patent rights to the

great and irreparable injury of Plaintiffs, unless enjoined by this Court.


WHEREFORE, Plaintiffs pray for judgment in their favor against
Defendant for the following relief:
A.

An Order adjudging Defendant to have willfully infringed the

D089 Patent and the D190 Patent under 35 U.S.C. 271;


B.

A preliminary and permanent injunction enjoining Defendant, its

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respective officers, directors, agents, servants, employees, and attorneys, and

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those persons in active concert or participation with Defendant, from making,


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Case 8:16-cv-01929-AG-KES Document 1 Filed 10/21/16 Page 7 of 8 Page ID #:7

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

D089 Patent or the D190 Patent in violation of 35 U.S.C. 271;

C.

That Defendant account for all gains, profits, and advantages

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

suffered by Plaintiffs and/or Defendants total profit from such infringement

pursuant to 35 U.S.C. 284 and 289;

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D.

An Order for a trebling of damages and/or exemplary damages

because of Defendants willful conduct pursuant to 35 U.S.C. 284;


E.

An award to Plaintiffs of the attorney fees, expenses, and costs

incurred by Plaintiffs in connection with this action pursuant to 35 U.S.C. 285;


F.

An award of pre-judgment and post-judgment interest and costs of

this action against Defendant; and,


G.

Such other and further relief as this Court may deem just and

proper.

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Respectfully submitted,

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KNOBBE, MARTENS, OLSON & BEAR, LLP

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Dated: October 21, 2016

By: /s/ Ali S. Razai


Michael K. Friedland
michael.friedland@knobbe.com
Paul N. Conover
paul.conover@knobbe.com
Ali S. Razai
ali.razai@knobbe.com
Daniel C. Kiang
daniel.kiang@knobbe.com

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Attorneys for Plaintiffs


LEXANI WHEEL CORPORATION, and
FRANK HODGES
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Case 8:16-cv-01929-AG-KES Document 1 Filed 10/21/16 Page 8 of 8 Page ID #:8

DEMAND FOR JURY TRIAL


Plaintiff Lexani, Inc. hereby demands a trial by jury on all issues so

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triable.

Respectfully submitted,

KNOBBE, MARTENS, OLSON & BEAR, LLP

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Dated: October 21, 2016

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By: /s/ Ali S. Razai


Michael K. Friedland
michael.friedland@knobbe.com
Paul N. Conover
paul.conover@knobbe.com
Ali S. Razai
ali.razai@knobbe.com
Daniel C. Kiang
daniel.kiang@knobbe.com
Attorneys for Plaintiffs
LEXANI WHEEL CORPORATION, and
FRANK HODGES

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24483415

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Case 8:16-cv-01929-AG-KES Document 1-1 Filed 10/21/16 Page 1 of 4 Page ID #:9

EXHIBIT A
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Case 8:16-cv-01929-AG-KES Document 1-1 Filed 10/21/16 Page 2 of 4 Page ID #:10

EXHIBIT A
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Case 8:16-cv-01929-AG-KES Document 1-1 Filed 10/21/16 Page 3 of 4 Page ID #:11

EXHIBIT A
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Case 8:16-cv-01929-AG-KES Document 1-1 Filed 10/21/16 Page 4 of 4 Page ID #:12

EXHIBIT A
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Case 8:16-cv-01929-AG-KES Document 1-2 Filed 10/21/16 Page 1 of 5 Page ID #:13


USO0D688190S

(12) United States Design Patent (10) Patent N0.:


Hodges
(54)

WHEEL CENTER
-

(71) Applicant: Frank J. H0dges,Yorba Lmda, CA (US)

**

Inventor:
.

Term'

Frank J. H0dges,Yorba Lmda, CA (US)

14 Years

13596548 5 *

7/2009

D609,624 S *

2/2010

D623,111

9/2010

D655,663 S

*9: Aug. 20, 2013

13628948 S * 120010

(72)

US D688,190 S

(45) Date of Patent:

3/2012

D658,105 S *

4/2012

D671,881 S *

12/2012

* cited by examiner

(21)

Appl' No; 29/451384

Primary Examiner * Stacia Cadmus

(22)

Filed:

(74) Attorney, Agent, or Firm * Eric B. Alspaugh

API._ 1, 2013

(51)

LOC (9) Cl. ................................................ .. 12-16

(57)

(52)

U-s- Cl-

The ornamental desi gn for a Wheel center, as shown and

(58)

Field of Classi?cation Search

....................................................... ..

CLAIM

described

USPC ............ .. 1312/204413; 301/37101, 64.101,

DESCRIPTION

301/65, 64.201

See application ?le for Complete Search history

FIG. 1 1s a front side V1eW of a Wheel center showing my neW

design;
(56)

References Cited

FIG. 2 is a side View thereof;


FIG. 3 is a back side View thereof With seating in the upright

U.S. PATENT DOCUMENTS

position; and,

13477556 S

7/2003 Koch BIZ/211

D508,007 S

8/2005

D516,493 S *

Koch

4 1S an oblique VleW thereof.

..

3/2006 FriZZi ......................... .. Dl2/2ll

1 Claim, 4 Drawing Sheets

EXHIBIT B
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Case 8:16-cv-01929-AG-KES Document 1-2 Filed 10/21/16 Page 2 of 5 Page ID #:14

US. Patent

Au .20 2013

Sheetl 0r4

EXHIBIT B
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Case 8:16-cv-01929-AG-KES Document 1-2 Filed 10/21/16 Page 3 of 5 Page ID #:15

US. Patent

Au .20 2013

Sheet2 0r4

EXHIBIT B
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Case 8:16-cv-01929-AG-KES Document 1-2 Filed 10/21/16 Page 4 of 5 Page ID #:16

US. Patent

Aug. 20, 2013

Sheet 3 of4

US D688,190 S

EXHIBIT B
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Case 8:16-cv-01929-AG-KES Document 1-2 Filed 10/21/16 Page 5 of 5 Page ID #:17

EXHIBIT B
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