Foshan Naibao v. Ningbo A-One - Complaint

8/20/2019 Foshan Naibao v. Ningbo A-One - Complaint

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COMPLAINT FOR INFRINGEMENT OF PATENT

Peiwen Chang (State Bar No. 155166)

COGSWELL NAKAZAWA & CHANG, LLP

444 W. Ocean Blvd., Suite 1410Long Beach, California 90802Phone: (562) 951-8668

Fax: (562) 951-3933Email: [email protected]

Attorneys for Plaintiffs FOSHAN NAIBAOELECTRIC PRODUCT CO., LTD. andXPOWER MANUFACTURE, INC.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

FOSHAN NAIBAO ELECTRICPRODUCT CO., LTD. and XPOWER MANUFACTURE, INC.,

Plaintiffs,

vs.

NINGBO A-ONE INDUSTRIAL CO.,LTD.,

Defendant.

Case No.:


[WAIVER OF TRIAL BY JURYAND REQUEST FOR COURTTRIAL]

COME NOW plaintiffs FOSHAN NAIBAO ELECTRIC PRODUCT CO.,

LTD. and XPOWER MANUFACTURE, INC. (collectively, “Plaintiffs”), and for

their Complaint against defendant NINGBO A-ONE INDUSTRIAL CO., LTD.,

(“Defendant”), allege as follows:FIRST COUNT

INFRINGEMENT OF U.S. DESIGN PATENT NO. D704,908 AGAINST

DEFENDANT NINGBO A-ONE INDUSTRIAL CO., LTD.

1. FOSHAN NAIBAO ELECTRIC PRODUCT CO., LTD. is a

Case 2:15-cv-06274 Document 1 Filed 08/18/15 Page 1 of 4 Page ID #:1


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company organized and existing under the laws of the People’s Republic of China

and is the holder and owner of U.S. Design Patent No. D704,908 (“Patent-in-

Suit”).

2. XPOWER MANUFACTURE, INC. is a corporation organized and

existing under the laws of the State of California and holds an exclusive license to

the Patent-in-Suit and the product line of air mover devices covered by the Patent-

in-Suit.

3. Defendant NINGBO A-ONE INDUSTRIAL CO., LTD.

(“Defendant”) is a company organized and existing under the laws of the People’s

Republic of China with its principal business office at 598 JiangNan Road, Room

1331, Gaoixin District, Ningbo, Zhejiang, China.

4. Jurisdiction of this Court is pursuant to 28 U.S.C., Sections 1331 and

1338. Venue is proper in this District pursuant to 28 U.S.C. Section 1391(b)(2)

and (c)(3).

5. Defendant is subject to personal jurisdiction in this District at the time

the action is commenced, because Defendant transacts business in California and

other parts of the United States of America by marketing products and servicesthat infringe the Patent-in-Suit causing injury to Plaintiffs, and there is no district

in which the action may otherwise be brought. 28 U.S.C. § 1391(b)(3) and (c)(3).

6. The Patent-in-Suit was filed June 8, 2011 and was issued by the

United States Patent and Trademark Office on May 13, 2014. Attached hereto

as Exhibit “1” is a true and correct copy of the Patent-in-Suit.

7. FOSHAN NAIBAO ELECTRIC PRODUCT CO., LTD. designs,

develops, manufactures and sells various air mover devices, including Model

P-230AT, which are covered by the Patent-in-Suit. P-230AT was specifically

designed and manufactured for XPOWER MANUFACTURE, INC., pursuant

to the exclusive license between FOSHAN NAIBAO ELECTRIC PRODUCT

CO., LTD., and XPOWER MANUFACTURE, INC.



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8. FOSHAN NAIBAO ELECTRIC PRODUCT CO., LTD. and

XPOWER MANUFACTURE, INC., to the extent required, complied with the

marking provision of 35 U.S.C. Section 287. Attached hereto as Exhibit “2” is

a true and correct photo of Model No. P-230AT air mover device.

9. Defendant is the manufacturer of the air mover device with Model

No. AP11003, and exports and sells Model No. AP11003 air mover device to

the USA. Attached hereto as Exhibit “3” is a true and correct photo of

Defendant’s Model No. AP11003 air mover device.

10. Defendant’s Model No. AP11003 air mover device uses design

and technology of the Patent-in-Suit and thus infringes the Patent-in-Suit.

11. Defendant had knowledge of the Patent-in-Suit when it designed,

manufactured, and offered for sale Model No. AP11003 air mover device.

12. The act of Defendant constitutes direct infringement of the Patent-

in-Suit.

13. Defendant engaged in the infringement of the Patent-in-Suit with

full knowledge of the Patent-in-Suit.

14. Despite receiving the cease and desist letter from Plaintiffs,Defendant has continued to engage in infringement of the Patent-in-Suit.

15. Defendant’s infringement of the Patent-in-Suit was and continues

to be willful, deliberate, and intentional.

PRAYER

WHEREFORE, Plaintiffs pray for judgement against Defendant as follows:

A. That Defendant has infringed U.S. DESIGN PATENT NO.

D704,908;

B. That Defendant’s infringement of U.S. DESIGN PATENT NO.

D704,908 is willful, deliberate and intentional;

C. That Defendant, its officers, directors, agents, employees, parents,

subsidiaries, affiliates, successors, assigns, and all persons or entity in privity or



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active concert or participation with Defendant be permanently enjoined from

infringing U.S. DESIGN PATENT NO. D704,908;

D. That Plaintiffs be awarded damages against Defendant pursuant to 35

U.S.C. Section 284, in excess of $1 million to be proven at trial;

E. That Plaintiffs be awarded treble damages against Defendant pursuant

to 35 U.S.C. Section 284;

F. That this infringement by Defendant be found an exceptional

case and that Plaintiffs be awarded attorneys’ fees, costs of suit, and expenses in

prosecuting this action; and

G. For such other and further relief as this Court may deem just and

proper.

DATED: August 17, 2015 COGSWELL NAKAZAWA & CHANG, LLP

By: /s/ Peiwen ChangPeiwen Chang, Attorneys for PlaintiffsFOSHAN NAIBAO ELECTRIC PRODUCTCO., LTD. and XPOWER

MANUFACTURE, INC.

WAIVER OF TRIAL BY JURY

Plaintiffs hereby waive the right to trial by jury and request for a court trial.

DATED: August 17, 2015 COGSWELL NAKAZAWA & CHANG, LLP

By: /s/ Peiwen ChangPeiwen Chang, Attorneys for PlaintiffsFOSHAN NAIBAO ELECTRIC PRODUCTCO., LTD. and XPOWER MANUFACTURE, INC.



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Case 2:15-cv-06274 Document 1-1 Filed 08/18/15 Page 1 of 9 Page ID #:5


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Foshan Naibao v. Ningbo A-One - Complaint

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