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Case 2:17-cv-03385 Document 1 Filed 05/04/17 Page 2 of 4 Page ID #:2
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providing for federal question jurisdiction of patent infringement actions and
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exclusive jurisdiction of patent infringement actions in the U. S. district courts.
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3. Nexagen is informed and believes, and thereon alleges, that venue in
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this court is proper under 28 U. S. C. section 1391 (c) and section 1400 (b) because
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the acts of patent infringement alleged herein took place, at least in part, within this
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judicial district.
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4. Nexagen is a California corporation, and has its principal place of
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business in Cerritos, California.
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5. Defendant is a Delaware corporation, and has a place of business in
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Oakland, California.
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6. On October 18, 2016, the U.S. Patent and Trademark Office duly and
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lawfully issued the 998 patent under the title Portion of a Make-Up Brush. A true
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and correct copy of the 998 patent is attached hereto as Exhibit A. Nexagen is the
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owner of the 998 patent.
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7. For some time, Defendant has infringed the 998 patent by selling, and
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offering to sell, in this judicial district and elsewhere in the United States, certain
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make-up brushes, shown in Exhibit B to this complaint, that are covered by the
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single claim of the 998 patent.
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9. Upon information and belief, Defendant has derived, and will continue
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to derive, and receive from the above infringement, gains, profits, and advantages in
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an amount not presently known to Nexagen.
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10. Defendants infringement of the 998 patent has damaged Nexagen in
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an unknown amount. These damages continue to grow as Defendants infringement
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continues. Under Sections 284 and 289 of Title 35 of the United States Code,
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Nexagen seeks damages adequate to compensate for this infringement in an amount
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not less than Defendants total profit from sales of the infringing products, together
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with interest and costs affixed by the Court.
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Case 2:17-cv-03385 Document 1 Filed 05/04/17 Page 3 of 4 Page ID #:3
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Case 2:17-cv-03385 Document 1-1 Filed 05/04/17 Page 1 of 8 Page ID #:5
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