1 2 3 4 5

For its Complaint, Plaintiff alleges as follows: I. 1. The Parties

Plaintiff Ventana Sales Design and Manufacturing, Inc. is a

6 California corporation having its principal place of business at 3605 Long Beach 7 Blvd, Suite 310, Long Beach, California 90807 (Plaintiff or Ventana). 8 Ventana offers for sale and sells venetian window blinds and accessories.
SUITE 500 1333 2 nd STREET SANTA MONICA, CALIFORNIA 90401-1211 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

9 10 2. Upon information and belief, Defendant Newell Window 11 Furnishings, Inc. is a Delaware corporation having a business address of 12 3 Glenlake Parkway, Atlanta, Georgia 30328 (Newell). 13 14 3. Upon information and belief, Defendant Lowes HIW, Inc., is a 15 Washington corporation having a business address of 2840 Bellfower Blvd., Long 16 Beach, California 90815 (Lowes). 17 18 4. The true names and capacities, whether individual, corporate or 19 otherwise of Defendants Does 1-9 inclusive, are unknown to Ventana, who 20 therefore sues them by such fictitious names. Ventana will seek leave to amend 21 this complaint to allege their true names and capacities when they have been 22 ascertained. Ventana is informed and believes and thereon alleges that each of the 23 fictitiously named Defendants is responsible in some manner for the occurrences 24 herein alleged and that Ventanas damages as herein alleged were proximately 25 caused by those Defendants. At all times herein mentioned, Defendants Does 1-9 26 inclusive were the agents, servants, employees or attorneys of their co-defendants, 27 and in doing the things hereinafter alleged were acting within the course and 28 scope of their authority as those agents, servants, employees or attorneys, and
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1 with the permission and consent of their co-defendants. 2 3 5 6 7 8

SUITE 500 1333 2 nd STREET SANTA MONICA, CALIFORNIA 90401-1211 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

5.

The above-named defendants may be collectively referred to herein

4 as Defendants. II. 6. Jurisdiction and Venue

This Court has subject matter jurisdiction over this action pursuant to

9 28 U.S.C. 1331 and 1338(a) since the patent infringement claims arise under 10 the Patent Act, 35 U.S.C. 281 and 289. 11 12 7. Venue is proper in this judicial district under 28 U.S.C. 1391(b) 13 since a substantial part of the events and omissions giving rise to the claims 14 occurred in this judicial district. Additionally, venue is proper in this judicial 15 district under 28 U.S.C. 1400(b) to the extent that the Defendants several 16 offers for sale through online commercial websites, through which Defendants 17 have offered the accused products, constitutes a regular and established place of 18 business in this judicial district. 19 20 21 22 8. Ventana markets, distributes, and sells throughout the nation and 23 many other countries window blinds, including venetian window blinds, and 24 related accessories. Specifically, among other accessories, Ventana markets an 25 slat angle adjusting device or cord tilter for venetian blinds (Ventanas cord 26 tilter) and attaches as Exhibit 1 to this complaint true and correct images of its 27 cord tilter. 28
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III.

Background Facts

9.

Ventana is the exclusive licensee of the rights in and to the following

2 patents for its cord tilter: U.S. Patent No. RE137,143, issued April 24, 2001 3 (the 143 patent), and U.S. Design Patent D569,157, issued May 20, 2008 (the 4 157 patent, and, collectively with the 143 patent, the Ventana patents). 5 Ventana attaches as Exhibits 2 and 3, respectively, a true and correct copy of both 6 Ventana patents. 7 8
SUITE 500 1333 2 nd STREET SANTA MONICA, CALIFORNIA 90401-1211 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

10.

The Ventana patents were duly and legally issued and assigned to

9 Ventana. The Ventana patents have been at all relevant times fully enforceable 10 and are now fully enforceable. 11 12 11. Ventana has learned that Defendants have been making, using, 13 importing, offering for sale, and/or selling a cord tilter that is identical or nearly 14 identical to Ventanas cord tilter and infringing both of Ventanas patents. 15 16 12. Ventana is informed and based thereon believes and alleges that at 17 least Newell knew or should have known of Ventanas patent rights and 18 nevertheless offered for sale and sold the accused adjustment device with full 19 knowledge of and without ever seeking or obtaining any consent or authorization 20 from Ventana to do so. 21 22 13. Consequently, Ventana hereby seeks (1) injunctive relief against 23 Defendants infringement of Ventanas patent rights; (2) damages to fully 24 compensate Ventana for Defendants infringement of the Ventana patents 25 increased up to three times; and (3) reimbursement of Ventanas attorneys fees 26 and costs for having to bring this suit to enforce its patent rights in the Ventana 27 patents. 28
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1 2 3 4 6 7
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IV.

FIRST CLAIM FOR RELIEF

Utility Patent Infringement Pursuant to 35 U.S.C. 271 14. Plaintiff hereby repeats and incorporates herein the allegations set

5 forth in paragraphs 1 through 13 above. 15. This claim is against all Defendants and each of them for patent

8 infringement under 35 U.S.C. 101 et seq., including specifically, 271(a), 9 and, as against Newell, 271(b) and (c), as well. 10 11 16. By making, using, importing, offering to sell, and/or selling, and 12 continuing to make, use, import, offer to sell and/or sell their infringing device as 13 discussed above without authorization from Ventana, Defendants have infringed 14 and continue to infringe the foregoing patents. 15 16 17. Upon information and belief, Ventana alleges that Defendants 17 foregoing infringing acts have been with at least Newells full knowledge of 18 Ventanas rights and interests, thereby constituting willful patent infringement. 19 20 18. Ventana has been damaged by Defendants acts as alleged in this 21 complaint, and Defendants have improperly profited thereby. Ventana is entitled 22 to a complete accounting of all revenue derived by Defendants from the unlawful 23 conduct alleged herein in order to determine the full amount of money damages 24 which Ventana has suffered due to Defendants acts of infringement. 25 26 19. Furthermore, the harm to Ventana arising from Defendants acts of 27 infringement of its issued patents is not fully compensable by money damages. 28 Rather, Ventana has suffered and continues to suffer irreparable harm which has
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1 no adequate remedy at law and which can continue unless Defendants conduct is 2 enjoined. Ventana is therefore also entitled to a preliminary injunction, to be 3 made permanent on entry of the judgment, preventing Defendants from further 4 infringement. 5 6 7 8
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V.

SECOND CLAIM FOR RELIEF

Design Patent Infringement Pursuant to 35 U.S.C. 271 20. Plaintiff hereby repeats and incorporates herein the allegations set

9 11 12

10 forth in paragraphs 1 through 19 above. 21. All Defendants have infringed the 157 patent by making, using,

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13 importing, offering to sell, and/or selling and continuing to make, use, import, 14 offer to sell, and/or sell products that come within the scope of the patented 15 design, and Newell also infringed by contributing to or inducing the infringing 16 activities of others. 17 18 22. The making, using, importing, offering to sell, and/or selling of 19 infringing products by Defendants, and/or contributing to or inducing the 20 infringing activities of others, has been without authority or license from Ventana 21 and in violation of Ventanas rights, thereby infringing the 157 patent. 22 23 23. Upon information and belief, at least Newells infringement of the Defendants knockoff of Ventanas 24 157 patent has been willful and in objectively reckless disregard for the exclusive 25 rights of Ventana set forth in its patent. 27 Ventanas rights. 28
6

26 product demonstrates Defendants knowledge of and conscious disregard of

24.

The amount of money damages which Ventana has suffered due to

2 Defendants acts of infringement cannot be determined without an accounting, and 3 it is thus subject to proof at trial. 4 5 25. Ventana is entitled to a complete accounting of all revenues and 6 profits derived by Defendants from the unlawful conduct alleged herein pursuant 7 to 35 U.S.C. 289. In the alternative, Ventana may seek recovery of its lost 8 profits or a reasonable royalty pursuant to 35 U.S.C. 284.
SUITE 500 1333 2 nd STREET SANTA MONICA, CALIFORNIA 90401-1211 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

9 10 26. The harm to Ventana arising from Defendants acts of infringement 11 of the 157 patent is not fully compensable by money damages. Rather, Ventana 12 has suffered and continues to suffer irreparable harm which has no adequate 13 remedy at law and which will continue unless Defendants conduct is enjoined. 14 Ventana is therefore also entitled to a preliminary injunction, to be made 15 permanent on entry of the judgment, preventing Defendants from further 16 infringement. 17 18 19 20 22 23 25 26 28
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VI.

PRAYER FOR RELIEF

WHEREFORE, Ventana prays for relief against Defendants, jointly and

21 severally, as follows: 1. For a judgment that Defendants have infringed Ventanas rights in

24 and to its U.S. Patent No. RE37,143; 2. For a judgment that Defendants have infringed Ventanas rights in

27 and to its U.S. Patent No. D569,157;

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EXHIBIT 2

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