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MANATT, PHELPS &
PHll!.lPS, LLP
ATT0R.Nt.Ys AT LAW
PALO ALTO.
Manatt, Phelps & Phillips, LLP
ROBERT D. BECKER (SBN 160648)
E-mail: rbecker@manatt.com
BENJAMIN KLEINMAN (SBN 261846)
E-mail: bkleinman@manatt.com
1841 Page Mill Roaa; Suite 200
Palo Alto, CA 94304
Telephone: (650) 812-1300
Facstmile: (650) 213-0260
Attorneys for Plaintiff
D & D TECHNOLOGIES (USA), INC.
l'O
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
D & D TECHNOLOGIES (USA),
INC., a California corporation,
Plaintiff,
vs.
SAFE TECH HARDWARE INC., a
California corporation,
Defendant.
No. ~ f-\C\1 fd- - 15'6 o Dec ( ~ f ' W )
COMPLAINT FOR PATENT
INFRINGEI\1ENT
DEMAND FOR JURY TRIAL
COMPLAINT FOR PATENT
. INFRINGEMENT
1 PlaintiffD&D Technologies (USA) Inc. (D&D or Plaintiff), for its complaint
2 against defendant Safetech Hardware Inc. (Safetech or Defendant), alleges as
3 follows:
4 NATURE OF THE ACTION
5 1. This action is an action for patent infringement under 35 U.S.C. 271
6 and 281-285. D&D seeks damages and injunctive relief for Safetech's
7 infringement ofD&D's U.S. Patent 6,058,747 ("the '747 patent").
8 JURISDICTION AND VENUE
9 2. This Court has subject matter jurisdiction over this action pursuant to
10 (i) 28 U.S.C. 1331, as this action arises out ofthe laws ofthe Unites States of
11 America, and (ii) 28 U.S.C. 1338(a), as this action arises under 35 U.S.C. 271,
12 an Act of Congress relating to patents.
13 3. Defendant is subject to personal jurisdiction within this District by
14 virtue of its doing business in the District and being incorporated in California. In
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addition, Plaintiff's cause of action here arises from business done in this District
and in California by Defendant.
4. Venue is properly founded in this District pursuant to 28 U.S.C.
1391 and 1400 because Defendant is subject to personal jurisdiction within this
District and/or because a substantial part of the events giving rise to the claims
herein occurred within this District.
PARTIES
5. Plaintiff is a California corporation, having its principal place of
business in Huntington Beach, California.
6. Upon information and belief, Defendant is a California corporation,
having its principal place of business in Lake Forest, California.
FACTS
7. D&D is the exclusive licensee, with the right to file and prosecute suits
for infringement, ofthe '747 patent, entitled "Latches for Gates", which was duly
MANATT, PHELPS &
COMPLAINT FOR PATENT
INFRINGEMENT
PHILLIPS, LLP
ATTORNEYS AT LAW
2
PALO ALTO
1 and properly issued by the U.S. Patent & Trademark Office on or about May 9,
2 2000. A true and correct copy of the '747 patent is attached as Exhibit A.
3 8. Safetech prominently advertises its products, including the Safetech
4 Cobra Gravity Locks SL-1 000 and SL-2000, through its website located at
5 www.safetechhardware.com, on print advertising, through email, and through other
6 forms of advertising. In those media, it states that it manufactures and/or imports
7 its products into the United States, and it offers them for sale. Safetech sells its
8 products through various sales channels. On information and belief, Safetech also
9 uses its products directly, for example in demonstrating its products to retailers and
10 otherwise marketing and distributing its products. It performs these activities in a
11 variety of locations, some within this District.
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
PALO ALTO
FIRST CLAIM FOR INFRINGEMENT OF U.S. PATENT NO. 6,058,747
9. D&D repeats and realleges each and every allegation contained in
paragraphs 1 through 8 as if fully set forth herein.
10. Defendant has infringed and continues to infringe the '747 patent by,
inter alia, making, using, selling, offering to sell, and/or importing into the United
States at least the Safetech Cobra Gravity Locks SL-1 000 and SL-2000 ("the
infringing products"). It performs this infringement in a variety of locations,
including some within this District.
11. Defendant continues to infringe the '7 4 7 patent.
12. By reason of the acts of Defendant alleged herein, D&D has suffered
damages in an amount to be proved at trial.
13. Defendant continues to engage in the acts complained of herein and,
unless restrained and enjoined, will continue to do so, all to D&D's irreparable
injury. It would be difficult to ascertain the amount of compensation that would
afford D&D adequate relief for such future and continuing acts, and a multiplicity
3
COMPLAINT FOR PATENT
INFRINGEMENT
1 of judicial proceedings would be required. D&D does not have an adequate remedy
2 at law to compensate it for the injuries threatened.
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4 REQUEST FOR RELIEF
5 WHEREFORE, Plaintiff requests that judgment be entered in their favor and
6 against Defendant on all claims alleged herein and ordering:
7 1. That Defendant and its parents, affiliates, subsidiaries, officers, agents,
8 servants, employees, attorneys, successors, and assigns, and all those persons in
9 active concert or participation with them, or any of them, be preliminarily and
10 permanently enjoined and restrained from making, importing, using, offering for
11 sale, selling, or causing to be sold any product or service falling within, or designed
12 to conduct a method falling within, the scope of any claim of the '747 patent, or
13 otherwise infringing or contributing to or inducing infringement of any claim of the
14 '747 patent;
15 2. That Defendant and its parents, affiliates, subsidiaries, officers, agents,
16 servants, employees, attorneys, successors, and assigns, and all those persons in
17 active concert or participation with them, or any of them, be ordered to destroy or
18 offer up to D&D for destruction any and all products or services within the scope of
19 any claim of the '747 patent that are within Defendant's possession, custody, or
20 control;
21 3. That D&D be awarded its actual damages, including lost profits and
22 price erosion, but in no case less than a reasonable royalty, to be assessed by or
23 under the Court's discretion, adequate to compensate D&D for Defendant's
24 infringement of the '7 4 7 patent;
25 4. That D&D be awarded pre-judgment interest and post-judgment
26 interest at the maximum rate allowed by law;
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
PALO ALTO
5. That the Court order an accounting for damages;
4
COMPLAINT FOR PATENT
INFRINGEMENT
1 6. That Defendant file with the Court and serve on Plaintiff, within
2 fifteen (15) days after service of the Court's injunction and/or judgment as
3 requested herein, a report in writing under oath setting forth the detail the manner
4 and form in which Defendant has complied with the Court's injunction and/or
5 judgment;
6 7. That the Court declare this to be an exceptional case pursuant to 3 5
7 U.S.C. 285 and award D&D its attorneys' fees;
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That D&D be awarded costs of court; and
That D&D be awarded such other and further relief as the Court deems
1 0 just and proper.
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Dated: September 14, 2012
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Manatt, Phelps & Phillips, LLP
Robert D. Becker
Benjamin Kleinman
,1/ L . ---;:::>.
By: V,
Robert D. Becker
Attorneys for Plaintiff
D&D TECHNOLOGIES, INC.
MANATT, PHELPS &
COMPLAINT FOR PATENT
INFRINGEMENT
PHILLIPS, LLP
ATTORNEYS AT LAW
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PALO ALTO
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DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury of his claims in this action.
Respectfully submitted,
6 Dated: September 14, 2012 Manatt, Phelps & Phillips, LLP
Robert D. Becker
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MANATT, PHELPS &
PHILLIPS, LLP
ATTORNEYS AT LAW
PALO ALTO
304586851.1
Benjamin Kleinman
By: /)
Robert D. Becker
Attorneys for Plaintiff
D&D TECHNOLOGIES, INC.
6
COMPLAINT FOR PATENT
INFRINGEMENT
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
. NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge David 0. Carter and the assigned
discovery Magistrate Judge is Jean P. Rosenbluth.
The case number on all documents filed with the Court should read as follows:
SACV12- 1538 DOC (JPRx)
Pursuant to General Order 05-07 of the United States District Court for the Central
District of California, the Magistrate Judge has been designated to hear discovery related
motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL
A copy of this notice must be seNed with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
U Western Division
312 N. Spring St., Rm. GS
Los Angeles, CA 90012
U Southern Division U
411 West Fourth St., Rm. 1-053
Santa Ana, CA 92701-4516
Failure to file at the proper location will result in your documents being returned to you.
Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501
CV-18 (03/06} NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
Ncune& Address:
Robert D .. Becker (SBN 160648)
Benjamin Kleinman (SBN 261846)
MANATT, PHELPS & PHILIPS LLP
1841 Page Mill Road, Suite 200
Palo Alto, CA 94304
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
D & D TECHNOLOGIES (USA), INC., a California
corporation
PLAINTIFF(S)
v.
SAFETECH HARDWARE INC., a California
corporation
DEFENDANT(S).
TO: DEFENDANT(S):
A lawsuit has been filed against you.
CASE NUMBER
SUMMONS
Within 21 days after service of this summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached M' complaint D amended complaint
0 counterclaim 0 cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiffs attorney, Robert D. Becker , whose address is
1841 Page Mill Road, Suite 200, Palo Alto, CA 94304 . If you fail to do so,
judgment by default will be entered against you for the relief demanded in the complaint. You also must file
your answer or motion with the court.
Clerk, U.S. District Court
[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed
60 days by Rule 12(a)(3)}.
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CV-OlA(I0/11 SUMMONS
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
I (a) PLAINTIFFS (Check box if you are representing yourselfO)
D & D TECHNOLOGIES (USA), INC.
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing
yourself, provide same.)
Robert D. Becker and Benjamin Kleinman
Manatt, Phelps & Phillips, LLP
1841 Page Mill Road, Suite 200, Palo Alto, CA 94394; (650) 8121300
DEFENDANTS
SAFETECH HARDWARE INC.
Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in one box only.) !H. Cl'.riZENSHlP OF PRINCIPAL PARTIES For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)
0 1 U.S. Government Plaintiff fi 3 Federal Question (U.S. PTJ<' DEF
Government Not a Party) Citi7.en of This State 01 01 Incorporated or Principal Place ~ :
~ F
of Business in this State
0 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship Citizen of Another State 02 02 Incorporated and Principal Place 05 05
of Parties in Item III) of Business in Another State
Citizen or Subject of a Foreign Country 03 03 Foreign Nation
IV. ORIGIN (Place an X in one box only.)
r/1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from another district (specify): 0 6 Multi
Proceeding State Court Appellate Court Reopened District
Litigation
V, REQUESTED IN COMPLAINT: JURY DEMAND: fives 0 No (Check 'Yes' only if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23: 0 Yes 0 No 0 MONEY DEMANDED IN COMPLAINT: $
06 06
0 7 Appeal to District
Judge from
Magistrate Judge
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictionai statutes unless diversity.)
VIL NATURE Olf SUIT (Place an X in one box only.)
.. .
. .
Insurance
Antitrust Marine
Banks and Banking Miller Act
Commerce/fCC Negotiable Instrument
Rates/etc. Recovery of
0460 Deportation Overpayment &
0470 Racketeer Influenced Enforcement of
and Corrupt Judgment
Organizations Medicare Act
0 480 Consumer Credit Recovery of Defaulted
0490 Cable/Sat TV Student Loan (Exc!.
0 8!0 Selective Service Veterans)
0 850 Securities/Commodities/ l 53 Recovery of
Exchange Overpayment of
0875 Customer Challenge 12 Veteran's Benefits
USC3410 Stockholders' Suits
0 890 Other Statutory Actions Other Contract
0 &91 Agricultural Act Contract Product
0 892 Economic Stabilization Liability
Act
0 893 Environmental Matters
0 894 Energy Allocation Act Land Condemnation
0 895 Freedom oflnfo. Act Foreclosure
0 900 Appeal of Fee Determi Rent Lease & Ejecunent
nation Under Equal Torts to Land
Access to Justice Tort Product Liability
0950 Constitutionality of All Other Real Property
State Statutes
FOR OFFICE USE ONLY: Case Number:
Airplane
Airplane Product
Liability
Assault, Libel &
Slander
Fed. Employers'
Liability
Marine
345 Marine Product
Liability
Motor Vehicle
Motor Vehicle
Product Liability
Other Personal
Injury
Voting
Personal Injury-
Employment
Mcd Malpractice
Housing/ A ceo
Personal Injury-
mmodations
Product Liability Welfare
Asbestos Personal American with
lnj Product Disabilities
Employment
American with
Disabilities
Application
Other
Habeas Corpus-
Other Civil
Allen Detainee
Rights
O t h ~ r Immigration
Actions
Vacate Sentence
Habeas Corpus
General
Death Penalty
Mandamus/
Other
Civil Rights
610 Agriculture
620 Other Food &
Drug
Drug Related
Seizure of
Property 21 USC
&81
Liquor Laws
R.R & Truck
Airline Regs
Occupational
Safety /Health
0690 Other
Act
Labor/Mgmt.
Relations
Labor/Mgmt.
Reporting &
Disclosure Act
Railway Labor Act
Other Labor
Litigation
Etnpl. Ret. lnc.
Taxes (U.S. Plaintiff
or Defendant)
IRS-Third Party 26
USC7609
AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
CV-71 (05/08) CIVIL COVER SHEET Pagel of2
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII( a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? !i'No 0 Yes
If yes, list case number(s): ----------------------------------------------------
VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? li'No 0 Yes
If yes, list case number(s): ----------------------------------------------------
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or
0 B. Call for determination of the same or substantially related or similar questions of law and fact; or
0 C. For other reasons would entail substantial duplication oflabor if heard by different judges; or
0 D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.
IX. VENUE: (When completing the following information, use an additional sheet if necessary.)
(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.
0 Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).
County in this District: California County outside of this District; State, if other than California; or Foreign Country
Orange County
(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.
0 Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).
County in this District: California County outside of this District; State, if other than California; or Foreign Country
Orange County
(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.
Note In land condemnation cases use the location of the tract of land involved
'
County in this District: California County outside of this District; State, if other than California; or Foreign Country
Orange County
Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties
Note: In land condemnation cases use the location of the tract ofland involved
Date September 14,2012
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings
or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed
but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.)
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation
861 HIA
862 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (05/08)
Substantive Statement of Cause of Action
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.
Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the
program. (42 U.S.C. !935FF(b))
All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969.
(30 U.S.C. 923)
All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as
amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g))
All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security
Act, as amended. (42 U.S.C. 405(g))
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security
Act, as amended.
All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42
U.S.C. (g))
CIVIL COVER SHEET Page 2 of2