Gryphon Mobile v. Volitiger - Complaint

Case 8:15-cv-02080-CJC-DFM Document 1 Filed 12/15/15 Page 1 of 9 Page ID #:1
TIFFANY W. TAI, State Bar No. 193271

BRAUNSON C. VIRJEE, State Bar No. 290376
2 RITT, TAI, THVEDT & HODGES
A Limited Liability Partnership
3 65 North Raymond Avenue, Suite 320
Pasadena, California 91103
4 (626) 685-2550 telephone
(626) 685-2562 facsimile
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Attorneys for Plaintiffs GRYPHON MOBILE

ELECTRONICS, LLC and SPACEKEY
(USA), INC.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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GRYPHON MOBILE
ELECTRONICS, LLC, a California
12 limited liability company; and
SPACEKEY (USA), INC., a
13 California corporation,
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Plaintiffs,
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v.
VOLITIGER POWER, INC., a

California corporation; and DOES 1
17 THROUGH 10, inclusive,
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Defendants.
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Case No.
COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF FOR:
1.
2.
3.
Patent Infringement;
Unfair Competition; and
Accounting
AND DEMAND FOR JURY TRIAL
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Plaintiffs, GRYPHON MOBILE ELECTRONICS, LLC (Gryphon) and
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SPACEKEY (USA), INC. (Spacekey), by and through the undersigned counsel of
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record, allege as follows:
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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
JURISDICTION AND VENUE
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1.
This is an action for, among other things, infringement of a design
patent owned by Spacekey and assigned to Gryphon.
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2.
Jurisdiction is conferred upon this Court by 28 U.S.C. 1331, 28 U.S.C.
1338 (a) and (b), and 28 U.S.C. 1367(a); and arises under the patent laws of the
United States of America, Title 35 of the United States Code.
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3.
Venue lies in the Central District of California pursuant to 28 U.S.C.
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1400(a), as defendants and their agents: (a) have voluntarily availed themselves of
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the laws and regulations of the State of California and of this District; (b) have had
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and continue to have continuous and systematic contacts with the residents of
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California and this District; and (c) have transacted, and are continuing to transact,
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business with residents of California and this District, such business having an effect
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in this District. Plaintiffs allege on information and belief that, among other things,
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Defendants have purposefully, continuously, and systematically directed their offers
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to sell, sales and distribution of products to residents of California and this District
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by offering to sell, selling and distributing products through their publicly accessible,
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interactive web sites, including without limitation www.volitiger.com, as well as
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through other web-based marketplaces such as www.amazon.com.
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PARTIES
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4.
Plaintiff Gryphon Mobile Electronics, LLC is, and at all times relevant
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was, a California limited liability company, duly authorized to do, and doing,
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business in the County of Orange, State of California.
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2
________________
5.
Plaintiff Spacekey (USA), Inc. is, and at all times relevant was, a
California corporation, duly authorized to do, and doing, business in the County of
Orange, State of California. Gryphon and Spacekey are sometimes referred to
collectively as Plaintiffs herein.
5
6
6.
Plaintiffs are informed and believe, and upon such information and
belief allege, that defendant VOLITIGER POWER, INC. (Volitiger) is a California
corporation, with its principal place of business in Pasadena, California. Plaintiffs
are further informed and believe, and upon such further information and belief
10
allege, that at all times relevant hereto, Volitiger maintains a commercial presence on
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the Internet through its website www.volitiger.com.
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13
7.
The true names and capacities, whether individual, corporate, associate
14
or otherwise, of defendants sued herein as Does 1 through 10, inclusive, are
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unknown to Plaintiffs who therefore sue those defendants by such fictitious names.
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Plaintiffs will amend this Complaint to insert the true names and capacities of such
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DOE defendants when the same have been ascertained.
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8.
Plaintiffs are informed, believe and thereon allege that each defendant
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designated herein as a DOE is responsible in some manner for the occurrences and
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events herein alleged and that Plaintiffs damages were proximately caused by their
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conduct.
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9.
Plaintiffs are informed, believe and thereon allege that unless otherwise
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specifically mentioned, each defendant was an agent and/or employee of each of the
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remaining defendants, and that in doing the things complained of herein was acting
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within the course and scope of such agency and/or employment.
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3
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FIRST CAUSE OF ACTION
Patent Infringement
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10.
On August 19, 2014, U.S. Patent No. D711,318 S (hereinafter the 318
Patent or Patent-In-Suit) was duly and legally issued to Spacekey (USA), Inc.
The 318 Patent is a design patent that pertains to a mobile charging device that is
imported and distributed by Gryphon under its PowerAll trademark. True and
correct copies of the 318 Patent and the certificate of registration of the PowerAll
mark are attached hereto as Exhibits A and B, respectively.
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11.
In or around October 2015, Plaintiffs learned that Volitiger had been
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manufacturing, importing, offering for sale, selling, marketing, advertising, and/or
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distributing the Super Tiger, the King Tiger, the Professional Tiger, and the
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Volitiger Never Stop Jump Starter mobile charging devices (hereinafter referred to
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collectively as the Volitiger Accused Devices) which appeared to embody the
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design claimed in the 318 Patent and were direct knock-offs of Gryphons PowerAll
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charger.
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12.
Defendants have not been licensed under the Patent-in-Suit, nor do they
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have the right to manufacture, import, market, advertise or distribute products
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embodying the claims of the 318 Patent.
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13.
Defendants have directly infringed or indirectly infringed by inducing
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the infringement, and are continuing to directly infringe or indirectly infringe by
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inducing the infringement of the ornamental design claimed in the 318 Patent by
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manufacturing, importing, marketing, advertising and distributing, or by knowing
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aiding and abetting the manufacture, import, marketing, advertisement and
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4
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distribution of products that embody the patented design described and claimed in
the 318 Patent.
3
4
14.
Defendants activities have been without express or implied license
from Plaintiffs.
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7
15.
Defendants will continue to infringe the 318 Patent unless enjoined by
the Court. As a result of Defendants infringing activities Plaintiffs have suffered,
and will continue to suffer, irreparable harm for which there is no adequate remedy
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at law. Plaintiffs are entitled to preliminary and permanent injunctive relief against
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such infringement under 35 U.S.C. 283.
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16.
As a result of the infringement of the 318 Patent, Plaintiffs are
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damaged, have been damaged, will be further damaged, and are entitled to be
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compensated for such damages, pursuant to 35 U.S.C. 284, in an amount to be
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determined at trial.
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17.
Defendants past and continuing infringement of the 318 Patent has
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been deliberate and willful. Their conduct warrants an award of treble damages
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pursuant to 35 U.S.C. 284, and this is an exceptional case justifying an award of
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attorneys fees to Plaintiffs pursuant to 35 U.S.C. 285.
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SECOND CAUSE OF ACTION
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Unfair Business Practices
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18.
Defendants conduct, as set forth more fully above, was unlawful, unfair
and/or fraudulent and has the potential to cause confusion in the marketplace.
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19.
As a direct and proximate result of Defendants conduct, Plaintiffs have
suffered, and will continue to suffer damages to their business, reputation and
goodwill, in an amount to be established at trial.
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5
20.
Defendants conduct constitutes unfair competition and deceptive
practices under Californias Business & Professions Code sections 17200 et seq. and
17500 et seq.
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THIRD CAUSE OF ACTION
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Accounting
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21.
The exact amount of monies received by Defendants and each of them
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as a result of their unlawful conduct and unauthorized exploitation of Plaintiffs
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patent is unknown to Plaintiffs and can only be determined by an accounting.
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PRAYER FOR RELIEF
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WHEREFORE, Plaintiffs pray for judgment against Defendants and each of

them as follows:
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ON THE FIRST CAUSE OF ACTION (For Patent Infringement):
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1.
Declaration that the 318 Patent is valid and enforceable;
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2.
Declaration that each of the Defendants has infringed the 318 Patent;
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3.
A preliminary and permanent injunction against each of the Defendants
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and their officers, agents, servants, employees and attorneys, all parent and
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subsidiary corporations, their assigns and successors in interest, and those persons
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acting in active concert or participation with them, including distributors and
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customers, enjoining them from continuing acts of infringement of the 318 Patent;
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________________
4.
An accounting for damages under 35 U.S.C. 284 from each of the
Defendants for their respective infringement of the 318 Patent, and the award of
damages ascertained against each of the Defendants in favor of Plaintiffs, together
with interest as provided by law;

5.
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their willful and deliberate infringement of the Patent-in-Suit; and

6.
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An award of treble damages against each of the Defendants in view of

A finding in favor of Plaintiffs that this is an exceptional case under
35 U.S.C. 285.
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ON THE SECOND CAUSE OF ACTION (for Unfair Business Practices):
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1.
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of their unlawful and unfair business practices; and

2.
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For restitution of all monies otherwise acquired by Defendants by means

For an injunction prohibiting Defendants from engaging in further
unlawful or unfair business practices.
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ON THE THIRD CAUSE OF ACTION (for Accounting):
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1.
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That Defendants and each of them be required to account for all gains,
profits and advantages derived from their violations of law; and

2.
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That all gains profits and advantages derived by Defendants and each
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of them for their violations of law be deemed to be held in constructive trust for the
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benefit of Plaintiffs.
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///
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ON ALL CAUSES OF ACTION:
1.
For all reasonable attorney fees;
2.
For costs of suit incurred by Plaintiffs; and
3.
For such other relief as the Court deems just and proper.
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DATED: December 15, 2015
Respectfully submitted,
RITT, TAI, THVEDT & HODGES, LLP
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/S/ TIFFANY W. TAI
10
TIFFANY W. TAI
Attorney for Plaintiffs GRYPHON MOBILE
ELECTRONICS, LLC and SPACEKEY
(USA), INC.
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DEMAND FOR JURY TRIAL
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Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs hereby

demand a jury trial of all issues raised in this Complaint.
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DATED: December 15, 2015
Respectfully submitted,
RITT, TAI, THVEDT & HODGES, LLP
A Limited Liability Partnership
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/S/ TIFFANY W. TAI
10
TIFFANY W. TAI
Attorney for Plaintiffs
GRYPHON MOBILE ELECTRONICS, LLC
and SPACEKEY (USA), INC.
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Case 8:15-cv-02080-CJC-DFM Document 1-1 Filed 12/15/15 Page 1 of 9 Page ID #:10

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Case 8:15-cv-02080-CJC-DFM Document 1 Filed 12/15/15 Page 1 of 9 Page ID #:1

TIFFANY W. TAI, State Bar No. 193271

Attorneys for Plaintiffs GRYPHON MOBILE

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

VOLITIGER POWER, INC., a

AND DEMAND FOR JURY TRIAL

Plaintiffs, GRYPHON MOBILE ELECTRONICS, LLC (Gryphon) and

SPACEKEY (USA), INC. (Spacekey), by and through the undersigned counsel of

record, allege as follows:

Case 8:15-cv-02080-CJC-DFM Document 1 Filed 12/15/15 Page 2 of 9 Page ID #:2

JURISDICTION AND VENUE

This is an action for, among other things, infringement of a design

patent owned by Spacekey and assigned to Gryphon.

Jurisdiction is conferred upon this Court by 28 U.S.C. 1331, 28 U.S.C.

United States of America, Title 35 of the United States Code.

Venue lies in the Central District of California pursuant to 28 U.S.C.

Defendants have purposefully, continuously, and systematically directed their offers

interactive web sites, including without limitation www.volitiger.com, as well as

through other web-based marketplaces such as www.amazon.com.

business in the County of Orange, State of California.

Case 8:15-cv-02080-CJC-DFM Document 1 Filed 12/15/15 Page 3 of 9 Page ID #:3

Orange, State of California. Gryphon and Spacekey are sometimes referred to

collectively as Plaintiffs herein.

belief allege, that defendant VOLITIGER POWER, INC. (Volitiger) is a California

corporation, with its principal place of business in Pasadena, California. Plaintiffs

the Internet through its website www.volitiger.com.

The true names and capacities, whether individual, corporate, associate

or otherwise, of defendants sued herein as Does 1 through 10, inclusive, are

DOE defendants when the same have been ascertained.

within the course and scope of such agency and/or employment.

Case 8:15-cv-02080-CJC-DFM Document 1 Filed 12/15/15 Page 4 of 9 Page ID #:4

FIRST CAUSE OF ACTION

mark are attached hereto as Exhibits A and B, respectively.

In or around October 2015, Plaintiffs learned that Volitiger had been

manufacturing, importing, offering for sale, selling, marketing, advertising, and/or

collectively as the Volitiger Accused Devices) which appeared to embody the

have the right to manufacture, import, market, advertise or distribute products

embodying the claims of the 318 Patent.

Defendants have directly infringed or indirectly infringed by inducing

the infringement, and are continuing to directly infringe or indirectly infringe by

manufacturing, importing, marketing, advertising and distributing, or by knowing

aiding and abetting the manufacture, import, marketing, advertisement and

Case 8:15-cv-02080-CJC-DFM Document 1 Filed 12/15/15 Page 5 of 9 Page ID #:5

the 318 Patent.

Defendants activities have been without express or implied license

Defendants will continue to infringe the 318 Patent unless enjoined by

the Court. As a result of Defendants infringing activities Plaintiffs have suffered,

such infringement under 35 U.S.C. 283.

As a result of the infringement of the 318 Patent, Plaintiffs are

compensated for such damages, pursuant to 35 U.S.C. 284, in an amount to be

Defendants past and continuing infringement of the 318 Patent has

pursuant to 35 U.S.C. 284, and this is an exceptional case justifying an award of

attorneys fees to Plaintiffs pursuant to 35 U.S.C. 285.

SECOND CAUSE OF ACTION

Unfair Business Practices

Case 8:15-cv-02080-CJC-DFM Document 1 Filed 12/15/15 Page 6 of 9 Page ID #:6

As a direct and proximate result of Defendants conduct, Plaintiffs have

goodwill, in an amount to be established at trial.