Nostalgia v. Sensio - Complaint

Case 2:15-cv-02013 Document 1 Filed 03/18/15 Page 1 of 7 Page ID #:1
1
2
3
4
5
6
7
Willmore F. Holbrow, III (SB# 169688)

email: bill_holbrow@bstz.com
James W. Ahn (SB# 243335)
email: james_ahn @bstz.com
BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN LLP
12400 Wilshire Boulevard, Seventh Floor
Los Angeles, California 90025
Tel: (310) 207-3800
Fax: (310) 820-5988
Attorneys for Plaintiffs
8
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
10
WESTERN DIVISION
11
12
13
14
15
16
17
18
19
20
21
22
NOSTALGIA PRODUCTS LLC, a

Florida corporation; NOSTALGIA
PRODUCTS GROUP LLC, a Delaware
corporation
)
)
)
)
)
Plaintiffs,
)
v.
)
)
SENSIO, INC., a Canadian corporation )
)
)
Defendants.
)
)
Case No.____________________
COMPLAINT FOR PATENT
INFRINGEMENT AND BREACH
OF CONTRACT
[Demand For Jury Trial]
Plaintiffs NOSTALGIA PRODUCTS LLC, a Florida corporation, and
23
NOSTALGIA PRODUCTS GROUP LLC, a Delaware corporation complain as
24
follows:
25
26
27
JURISDICTION AND VENUE

1.
This action arises under the Patent Laws of the United States, 35
U.S.C. 100, et seq.
28
1
1
2
3
2.
The Court has subject matter jurisdiction of this action under 28
U.S.C. 1331 and 1338(a) in that it arises under the United States Patent Laws.
3.
This Court may exercise personal jurisdiction over Defendant Sensio,
Inc. (hereinafter Defendant) based upon its contact with this forum, including
regularly and intentionally doing business here. Defendant, directly or through
intermediaries, directly ships, distributes, offers for sale, sells and advertises
various products in this state and district, including upon information and belief,
the products accused of patent infringement. As set forth herein, upon information
and belief, Defendant has committed Patent Infringement and has contributed to
10
and induced acts of infringement by others, within this state and district.
11
Additionally, Defendant has committed the acts complained of in this jurisdiction
12
and elsewhere, and injury from such acts was incurred in this Judicial District.
13
14
4.
Venue is proper in this Judicial District pursuant to 28 U.S.C.
1391(b), (c) and 1400(b).
15
16
THE PARTIES
5.
Plaintiffs NOSTALGIA PRODUCTS LLC (hereinafter Nostalgia
17
Products) and NOSTALGIA PRODUCTS GROUP LLC. (hereinafer NPG),
18
(hereinafter collectively Plaintiffs) are limited liability companies, headquartered
19
in Green Bay, Wisconsin and having primary personnel with knowledge of the
20
subject matter regarding this case residing in this Judicial District.
21
6.
Upon information and belief, Defendant SENSIO, INC. is a Canadian
22
corporation with a place of business in 1175 Place Du Frere Andre, Montreal,
23
Canada H3B 3X9.
24
25
BACKGROUND FACTS
7.
In 2010, Plaintiffs notified Defendant that a product (2010 Product)
26
Defendant was selling under the brand name Bella Cucina, infringed U. S. Patent
27
No. 6,460,451 (the 451 Patent).
28
2
8.
In November 2010, as part of an agreement, Defendant acknowledged
the validity of the 451 Patent and agreed that the 2010 Product infringed the 451
Patent.
4
5
9.
Despite such agreement, Defendant began offering for sale and selling
another product, which infringes the 451 Patent (e.g., Bella Model No. OFP-901).
10.
Plaintiffs also sell a popcorn maker as Model No. OFP-901.
11.
Upon information and belief, Defendant designed its product based on
8
9
10
Plaintiffs Model No. OFP-901.

12.
Defendant continues to sell infringing products, despite Plaintiffs
requests to cease such sales.
11
FIRST CLAIM FOR RELIEF
12
(Patent Infringement, U. S Patent 6,460,451)
13
14
15
13.
Plaintiff incorporates by reference and realleges each of the
allegations set forth in Paragraphs 1-12 above.

14.
NPG owns United States Patent 6,460,451 (hereinafter the 451
16
Patent) issued October 8, 2002. Nostalgia Products is the exclusive licensee of the
17
451 Patent.
18
15.
Defendant is in the business of selling and fulfilling orders for a
19
variety of products, including without limitation a popcorn makers which infringe
20
the 451 Patent, and has been selling and offering to sell infringing products
21
within the United States, and within this Judicial District, all without consent from
22
Plaintiff.
23
16.
Defendants infringement of the 451 Patent has proximately caused,
24
and will continue to cause Plaintiffs to suffer damages from lost sales and profits in
25
an amount thus far undetermined, but in no event less than a reasonable royalty for
26
use of Plaintiffs patent rights.
27
28
17.
Defendants acts of infringement have caused damage to Plaintiffs in
an amount to be determined at trial.

3
1
2
3
18.
Defendants patent infringement has been committed willfully and
with full knowledge of the Subject Patents.

19.
Defendants infringing acts are exceptional, and therefore Plaintiffs
should be awarded all costs and attorneys fees incurred in this action as permitted
under 35 U.S.C. 285.
20.
Plaintiffs, as the proximate result of Defendants patent infringement,
have suffered and, if Defendant is not enjoined, will continue to suffer irreparable
harm, for which it has no adequate legal remedy.
SECOND CLAIM FOR RELIEF
10
(Patent Infringement U.S. Patent No. D712,699)
11
12
13
21.
Plaintiffs incorporate by reference and realleges each of the
allegations set forth in Paragraphs 1-20 above.

22.
NPG owns United States Patent D712,699 (hereinafter the 699
14
Patent) issued September 9, 2014. Nostalgia Products is the exclusive licensee of
15
the 699 Patent.
16
23.
Defendant is in the business of selling and fulfilling orders for a
17
variety of products, including without limitation cotton candy makers (e.g. Model
18
No. 11407), which infringe the 699 Patent, and has been selling and offering to
19
sell infringing products within the United States, and within this Judicial District,
20
all without consent from Plaintiff.
21
24.
Defendants infringement of the 699 Patent has proximately caused,
22
and will continue to cause Plaintiffs to suffer damages from lost sales and profits in
23
an amount thus far undetermined, but in no event less than a reasonable royalty for
24
use of Plaintiffs patent rights. Additionally, Plaintiffs are entitled to recover
25
Defendants profits.
26
27
25.
Defendants acts of infringement have caused damage to Plaintiffs in
an amount to be determined at trial.
28
4
1
2
3
26.
Defendants patent infringement has been committed willfully and
with full knowledge of the 699 Patent.

27.
Defendants infringing acts are exceptional, and therefore Plaintiffs
should be awarded all costs and attorneys fees incurred in this action as permitted
under 35 U.S.C. 285.
28.
Plaintiffs, as the proximate result of Defendants patent infringement,
have suffered and, if Defendant is not enjoined, will continue to suffer irreparable
harm, for which it has no adequate legal remedy.

PRAYER FOR RELIEF
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREFORE, Plaintiffs prays for judgment,

1.
Confirming that Defendant has infringed U. S. Patent Nos. 6,460,451
and D712,699 (the Subject Patents).

2.
Awarding Plaintiffs their damages from infringement of the Subject
Patents according to proof, including without limitation, Defendants profits

pursuant to 35 U.S.C. 289 in connection with infringement of the 699 Patent;
3.
A trebling of the award of damages under 35 U.S.C. 284 or such
other enhancement of the award of damages as the Court sees fit;

4.
Preliminarily and permanently enjoining Defendant and all others
acting in concert with it from making, using, selling or offering to sell the
infringing products, or any other products infringing the Subject Patents;
5.
That Defendant be ordered to deliver up to Plaintiffs all products
infringing the Subject Patents within their ownership, possession or control, for
destruction by Plaintiffs;
6.
Awarding Plaintiffs their attorneys fees and non-taxable costs under
35 U.S.C. 285;
7.
That Plaintiffs be awarded their taxable costs of suit, and pre- and
post-judgment interest on any money judgment;

5
8.
For such other relief as the Court deems proper
2
3
4
5
6
7
Dated: March 18, 2015
/s/Willmore F. Holbrow, III

Willmore F. Holbrow, III
James W. Ahn
BLAKELY, SOKOLOF, TAYLOR & ZAFMAN, LLP
Attorneys for Plaintiffs
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
1
JURY DEMAND
2
3
Plaintiff demands a jury trial on all claims as to which it has a right to a jury.
4
5
6
7
8
9
10
Dated: March 18, 2015
/s/Willmore F. Holbrow, III

Willmore F. Holbrow, III
James W. Ahn
BLAKELY, SOKOLOF, TAYLOR & ZAFMAN, LLP
Attorneys for Plaintiff
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7

Nostalgia v. Sensio - Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Nostalgia v. Sensio - Complaint

Uploaded by

Copyright:

Available Formats

Case 2:15-cv-02013 Document 1 Filed 03/18/15 Page 1 of 7 Page ID #:1

Willmore F. Holbrow, III (SB# 169688)

CENTRAL DISTRICT OF CALIFORNIA

NOSTALGIA PRODUCTS LLC, a

Plaintiffs NOSTALGIA PRODUCTS LLC, a Florida corporation, and

NOSTALGIA PRODUCTS GROUP LLC, a Delaware corporation complain as

JURISDICTION AND VENUE

U.S.C. 100, et seq.

Case 2:15-cv-02013 Document 1 Filed 03/18/15 Page 2 of 7 Page ID #:2

The Court has subject matter jurisdiction of this action under 28

This Court may exercise personal jurisdiction over Defendant Sensio,

regularly and intentionally doing business here. Defendant, directly or through

Additionally, Defendant has committed the acts complained of in this jurisdiction

Venue is proper in this Judicial District pursuant to 28 U.S.C.

1391(b), (c) and 1400(b).

Plaintiffs NOSTALGIA PRODUCTS LLC (hereinafter Nostalgia

Products) and NOSTALGIA PRODUCTS GROUP LLC. (hereinafer NPG),

(hereinafter collectively Plaintiffs) are limited liability companies, headquartered

subject matter regarding this case residing in this Judicial District.

Upon information and belief, Defendant SENSIO, INC. is a Canadian

corporation with a place of business in 1175 Place Du Frere Andre, Montreal,

Canada H3B 3X9.

In 2010, Plaintiffs notified Defendant that a product (2010 Product)

No. 6,460,451 (the 451 Patent).

Case 2:15-cv-02013 Document 1 Filed 03/18/15 Page 3 of 7 Page ID #:3

In November 2010, as part of an agreement, Defendant acknowledged

Plaintiffs also sell a popcorn maker as Model No. OFP-901.

Upon information and belief, Defendant designed its product based on

Plaintiffs Model No. OFP-901.

Defendant continues to sell infringing products, despite Plaintiffs

requests to cease such sales.

FIRST CLAIM FOR RELIEF

(Patent Infringement, U. S Patent 6,460,451)

Plaintiff incorporates by reference and realleges each of the

allegations set forth in Paragraphs 1-12 above.

NPG owns United States Patent 6,460,451 (hereinafter the 451

Defendant is in the business of selling and fulfilling orders for a

variety of products, including without limitation a popcorn makers which infringe

Defendants infringement of the 451 Patent has proximately caused,

use of Plaintiffs patent rights.

Defendants acts of infringement have caused damage to Plaintiffs in

an amount to be determined at trial.

Case 2:15-cv-02013 Document 1 Filed 03/18/15 Page 4 of 7 Page ID #:4

Defendants patent infringement has been committed willfully and

with full knowledge of the Subject Patents.

Defendants infringing acts are exceptional, and therefore Plaintiffs

under 35 U.S.C. 285.

Plaintiffs, as the proximate result of Defendants patent infringement,

harm, for which it has no adequate legal remedy.

SECOND CLAIM FOR RELIEF

(Patent Infringement U.S. Patent No. D712,699)

Plaintiffs incorporate by reference and realleges each of the

allegations set forth in Paragraphs 1-20 above.

NPG owns United States Patent D712,699 (hereinafter the 699

Patent) issued September 9, 2014. Nostalgia Products is the exclusive licensee of

the 699 Patent.

Defendant is in the business of selling and fulfilling orders for a

all without consent from Plaintiff.

Defendants infringement of the 699 Patent has proximately caused,

use of Plaintiffs patent rights. Additionally, Plaintiffs are entitled to recover

Defendants acts of infringement have caused damage to Plaintiffs in

an amount to be determined at trial.

Case 2:15-cv-02013 Document 1 Filed 03/18/15 Page 5 of 7 Page ID #:5

Defendants patent infringement has been committed willfully and