Case 3:18-cv-01188-JCS Document 1 Filed 02/23/18 Page 1 of 12

1 SHARTSIS FRIESE LLP

ARTHUR J. SHARTSIS (Bar #51549)
2 ashartsis@sflaw.com
KAJSA M. MINOR (Bar #251222)
3 kminor@sflaw.com
FELICIA A. DRAPER (Bar #242668)
4 fdraper@sflaw.com
One Maritime Plaza, Eighteenth Floor
5 San Francisco, CA 94111-3598
Telephone: (415) 421-6500
6 Facsimile: (415) 421-2922

7 Attorneys for Plaintiff SIMPSON STRONG-TIE

COMPANY INC.
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10

11
SIMPSON STRONG-TIE COMPANY Case No.
INC.,
SAN FRANCISCO, CA 94111-3598

12
COMPLAINT FOR DECLARATORY
SHARTSIS FRIESE LLP
ONE MARITIME PLAZA
EIGHTEENTH FLOOR

13 Plaintiff, JUDGMENT OF NON-INFRINGEMENT

OF PATENT
14 v.
DEMAND FOR JURY TRIAL
15 OZ-POST INTERNATIONAL, LLC dba
OZCO BUILDING PRODUCTS,
16
Defendant.
17
Plaintiff Simpson Strong-Tie Company Inc. (“Simpson”) hereby complains against
18
Defendant Oz-Post International, LLC dba Ozco Building Products (“Ozco”) as follows:
19
NATURE OF THE ACTION
20
1. This is an action for declaratory judgment of non-infringement and/or invalidity
21
of United States Design Patent No. D798,701 (“the ’701 Patent”). A true and correct copy of the
22
’701 Patent is attached hereto as Exhibit A.
23
THE PARTIES
24
2. Simpson is a California corporation with its principal place of business in
25
Pleasanton, Alameda County, California. Simpson is engaged in the design and manufacture of
26
connectors, anchors, and other products for the construction industry.
27
3. On information and belief, Defendant Ozco is a Texas limited liability company.
28
According to its website, Defendant manufactures and sells products for home outdoor
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Case No. COMPLAINT FOR DECLARATORY RELIEF OF NON-
INFRINGEMENT OF PATENT
 Case 3:18-cv-01188-JCS Document 1 Filed 02/23/18 Page 2 of 12

1 construction projects.

2 JURISDICTION

3 4. This action arises under the laws of the Patent Act under Title 35 of the United

4 States Code.

5 5. The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§

6 1331 and 1338(a) because the action arises under the Federal Declaratory Judgment Act, 28

7 U.S.C. § 2201 et seq., and the Patent Act of the United States 35 U.S.C. § 101 et seq.

8 6. An actual controversy exists between Plaintiff and Defendant through

9 Defendant’s assertion of its patent rights against certain of Plaintiff’s products. In particular,

10 Defendant asserts that Simpson’s Outdoor Accents structural wood screw and hex-head washer

11 (the “Accused Products”) infringe the ’701 Patent, which issued on October 3, 2017. Simpson
SAN FRANCISCO, CA 94111-3598

12 contends that the Accused Products do not infringe Defendant’s patent and that it has the right to
SHARTSIS FRIESE LLP
ONE MARITIME PLAZA
EIGHTEENTH FLOOR

13 make, use, sell and/or offer to sell the Accused Products in the United States and elsewhere.

14 7. The Court has personal jurisdiction over Defendant because, among other things,

15 Defendant has established minimum contacts within the forum such that the exercise of

16 jurisdiction over Defendant will not offend traditional notions of fair play and substantial justice.

17 Defendant conducts business throughout the United States, and actively transacts business in this

18 judicial district by selling its products through retailers in this district, including dealers in San

19 Rafael and Sunnyvale, California, as well as to consumers here through retailers’ websites,

20 including Home Depot and Lowes.

21 8. The Court has specific jurisdiction over Defendant because the cause of action

22 arises directly from Defendant’s contacts with California. Defendant contacted Simpson, a

23 California corporation, in California, by sending demand letters to Simpson, first to its

24 Pleasanton, California headquarters on February 15, 2017, and then to its counsel in San

25 Francisco on January 31, 2018, accusing Simpson of patent infringement.

26 VENUE
27 9. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 because a

28 substantial part of the events giving rise to the claim occurred in this district and the Defendant is
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Case No. COMPLAINT FOR DECLARATORY RELIEF OF NON-
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1 subject to the court’s personal jurisdiction with respect to this action.

2 INTRADISTRICT ASSIGNMENT
3 10. Pursuant to Civil L.R. 3-2(c) Intellectual Property actions are assigned on a

4 district-wide basis.

5 GENERAL ALLEGATIONS

6 11. On or about February 15, 2017, Defendant sent Simpson a demand letter to its

7 Pleasanton, California headquarters, asserting that Simpson’s Outdoor Accents “Mission

8 Collection” decorative hardware infringed Defendant’s trade dress rights, and provided a list of

9 its patents and pending patent applications, which Defendant stated “may be relevant to one or

10 more of your products.”

11 12. Simpson responded that Defendant lacked any trade dress rights and sought
SAN FRANCISCO, CA 94111-3598

12 clarification as to whether Defendant alleged that Simpson infringed any of the patents
SHARTSIS FRIESE LLP
ONE MARITIME PLAZA
EIGHTEENTH FLOOR

13 Defendant identified in its letter.

14 13. On or about January 31, 2018, Defendant wrote Simpson a second demand letter,

15 informing Simpson that it owns the ’701 Patent, which issued on October 3, 2017, and

16 specifically accusing Simpson of patent infringement. Defendant asserted that “Simpson’s

17 structural screw and hex-head washer installation infringes the ’701 Patent.” Simpson denies

18 that the Accused Products infringe the ’701 Patent and continues to sell the Accused Products.

19 Based on Defendant’s letters and accusations of patent infringement, an actual controversy exists

20 between the parties regarding Simpson’s non-infringement of the ’701 Patent.

21 FIRST CAUSE OF ACTION

22 Declaratory Relief Regarding Non-Infringement of the ’701 Patent

23 14. Simpson incorporates herein the allegations of paragraphs 1-13.

24 15. An actual and justiciable controversy exists between Simpson and Defendant as to

25 the non-infringement of the ’701 Patent.

26 16. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.,

27 Simpson requests the Court declare that Simpson does not infringe and has not infringed the ’701

28 Patent.
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INFRINGEMENT OF PATENT
 Case 3:18-cv-01188-JCS Document 1 Filed 02/23/18 Page 4 of 12

1 SECOND CAUSE OF ACTION

2 Invalidity of the ’701 Patent

3 17. Simpson incorporates herein the allegations of paragraphs 1-16.

4 18. An actual and justiciable controversy exists between Simpson and Defendant as to

5 the invalidity of the ’701 patent.

6 19. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.,

7 Simpson requests the Court declare that the ’701 patent is invalid under the Patent Act, 35 U.S.C.

8 § 101 et seq., including, but not limited to, sections 102 and 103.

9 PRAYER FOR RELIEF

10 Simpson requests the Court to enter a declaratory judgment in its favor against Defendant

11 as follows:
SAN FRANCISCO, CA 94111-3598

12 1. An order entering judgment in favor of Simpson and against Defendant;

SHARTSIS FRIESE LLP
ONE MARITIME PLAZA
EIGHTEENTH FLOOR

13 2. An order declaring Simpson has not directly or indirectly infringed and is not

14 directly or indirectly infringing the ’701 Patent;

15 3. An order declaring that the ’701 Patent is invalid;

16 4. That Simpson be awarded its costs, expenses, and reasonable attorney fees in this

17 action pursuant to 35 U.S.C. § 285; and

18 5. An order granting any further relief as is just and proper.

19 DEMAND FOR JURY

20 Simpson demands a trial by jury for all issues so triable.

21 Dated: February 23, 2018 SHARTSIS FRIESE LLP

22
/s/ Arthur J. Shartsis
23 By: ARTHUR J. SHARTSIS
24 Attorneys for Plaintiff SIMPSON STRONG-TIE
COMPANY INC.
25
8141800
26

27

28
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EXHIBIT A
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JS-CAND 44 (Rev. 06/17)
CIVIL COVER SHEET
The JS-CAND 44 civil cover sheet and thejnformation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law
except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

^IMPSON STRONG-TIE COMPANY INC. OZ-POST INTERNATIONAL, LLC dba Ozco Building Products

(b) County of Residence of First Listed Plaintiff ALAMEDA County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Shartsis Friese LLP, One Maritime Plaza, 18th Floor
San Francisco, CA 94111; (415)421-6500
II. BASIS OF JURISDICTION (Place an "X" m One Box Only) III. CmZENSHIP OF PRINCIPAL PARTIES (Place an "X" m One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF
1 U.S. Government Plaintiff X 3 Federal Question 4
Citizen of This State Xl 1 Incoiporated or Principal Place X4
(U.S. Government Not a Party)
of Business In This State
Citizen of Another State 2 X2 Incorporated and Principal Place 5 X5
2 U.S. Government Defendant 4 Diversity
of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country

IV. NATURE OF SUIT (Place an "X" w One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure of 422 Appeal 28 USC § 158 375 False Claims Act
120 Marine Property 21 USC §881 423 Withdrawal 28 USC 376QuiTam(31USC
310 Airplane 365 Personal Injury - Product
130 Miller Act 315 Airplane Product Liability Liability
690 Other § 157 § 3729(a))
400 State Reapportionment
140 Negotiable Instnunent 320 Assault, Libel & Slander 367 Healtfa Care/ LABOR PROPERTY RIGHTS
150 Recovery of Pharmaceutical Personal 410 Antitmst
330 Federal Employers' L':~.l"'T>~.~.T.17/:^.':i7, 710 Fair Labor Standards Act 820 Copyrights
Overpayment Of Injury Product Liabilil 430 Banks and Banking
Liability 720 Labor/Management X 830 Patent
Veteran's Benefits 368 Asbestos Person; 450 Commerce
340 Marine """ n""!""!"/;'T.':i", Relations 835 Patent—Abbreviated New
-oauct LiaDim
151 Medicare Act 460 Deportation
345 MarineProductLiability PERSONAL PROPERTY 740 Railway Labor Act Drug Application
152 Recovery of Defaulted 470 Racketeer Influenced &
350 Motor Vehicle 751 Family and Medical 840 Trademark
Student Loans (Excludes 370 Other Fraud Corrupt Organizations
Leave Act
Veterans) 355 Motor Vehicle Product ._. _ ...
Liability 371 Tmth in Lending
SOCIAL SECURITY 480 Consumer Credit
790 Other Labor Litigation
153 Recovery of
360 Other Personal Injuiy 38° other personal proPerty 861HIA(1395fF) 490 Cable/Sat TV
Overpayment 791 Employee Retirement
Damage
Income Security Act 862 Black Lung (923) 850 Securities/Commodities/
of Veteran s Benefits 362 Personal Injuiy -Medical
tice' 385 property Dalnage product 863 DIWC/DIWW (405(g)) Exchange
160 Stockholders' Suits Liability IMMIGRATION
864 SSID Title XVI 890 Other Statutory Actions
190 Other Contract 462 Naturalization
CFVIL RIGHTS PRISONER PETITIONS 865 RSI (405(g)) 891 Agricultural Acts
195 Contract Product Liability Application
440 Other Civil Rights HABEAS CORPUS 893 Environmental Matters
196 Franchise 465 Other Immigration FEDERAL TAX SUITS
441 Voting 463 Alien Detainee Actions 895 Freedom of Information
870 Taxes (U.S. Plaintiff or
REAL PROPERTY 442 Employment 510 Motions to Vacate Defendant)
Act
210 Land Condemnation Sentence 896 Arbitration
443 Housing/ 871 IRS-Third Party 26 USC
899 Administrative Procedure
220 Foreclosure Accommodations 530 General §7609
445 Amer. w/Disabilities-
Act/Review or Appeal of
230 Rent Lease & Ejcctmcnt 535 Death Penalty
Agency Decision
Employment
240 Torts to Land OTHER 950 Constitutionality of State
446 Amer. w/Disabilities-Other
245 Ton Product Liability 540 Mandamus & Other Statutes
290 All Other Real Property 448 Education
550 Civil Rights
555 Prison Condition
560 Civil Detainee-
Conditions of
Confinement

V. ORIGIN (Place an "X" in One Box Only)

X 1 Original 2 Removed fi-om 3 Remanded from 4 Reinstated or 5 Transferred from Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District (specify) Litigation-Transfer Litigation-Direct File

VI. CAUSE OF Cite the U.S. Civil Statute under which you are filing (Do not cite nirisdictional statutes unless diversify):
28 U.S.C. § 2201 et seq.; 35 U.S.C, § 101 et seq.

Brief descriotion of cause:

Declaratory Judgment for non-infringement of patent.

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, Fed. R. Civ. P. JURY DEMAND: X Yes No

VIII. RELATED CASE(S), JUDGE DOCKET NUMBER

IF ANY (See instructions}:

IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)

(Place an "X" in One Box Only) X SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE

DATE 02/23/2018 SIGNATURE OF ATTORNEY OF RECORD /^m-