Lim v. Richard Pola & Assocs. - Complaint
Lim v. Richard Pola & Assocs. - Complaint
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1 Plaintiff Meng Koay Lim (“Lim”) files this Complaint for Design Patent
2 Infringement and Demand for Jury Trial against Defendant Richard Pola & Associates,
3 Inc., d/b/a RP & Associates Inc. (“RPA”), and alleges as follows:
4 THE PARTIES
5 1. Meng Koay Lim is an individual and resident of Connecticut.
6 2. RPA is a California corporation with a principal place of business at 2205
7 Pacific Coast Highway, Hermosa Beach, CA 90254, within this judicial district.
8 NATURE OF THE SUIT
9 3. This is an action for design patent infringement of U.S. Patent No.
10 D557,072 (the “‘072 Design Patent”) in violation of United States patent laws, 35
11 U.S.C. §§ 271 et seq., arising out of and based on RPA’s prior and ongoing
12 manufacture, use, sale and offer for sale of products that infringe the ‘072 Design
13 Patent.
14 JURISDICTION AND VENUE
15 4. This is an action arising under the Patent Act, 35 U.S.C. § 101 et seq. This
16 Court has subject-matter jurisdiction under 28 U.S.C. §§ 1331 and 1338.
17 5. This Court has personal jurisdiction over RPA because RPA regularly
18 conducts business in California and has committed and continues to commit acts of
19 infringement in violation of 35 U.S.C. § 271 in this judicial district.
20 6. Venue is proper in this District under 28 U.S.C. § 1400(b), because RPA
21 resides in this judicial district, and also because RPA has a regular and established place
22 of business in this judicial district and has committed acts of infringement in this judicial
23 district.
24 LIM’S DESIGN PATENT
25 9. Lim is the sole owner of all rights, title, and interest the ‘072 Design
26 Patent entitled “Cup Holder for a Plate” which was duly and legally issued by the
27 United States Patent & Trademark Office on December 11, 2007. Lim has been the
28 sole owner of the ‘072 Design Patent since its issuance. A true and exact copy of the
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COMPLAINT FOR DESIGN PATENT INFRINGEMENT
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25 14. RPA’s website states that the GrubTub design as “the greatest invention
26 since man discovered fire.”
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COMPLAINT FOR DESIGN PATENT INFRINGEMENT
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1 15. The GrubTub design is an identical and/or nearly identical copy of Lim’s
2 design. The GrubTub uses the same or substantially the same design claimed in the ‘072
3 Design Patent. The resemblances between the patented and accused design is such as to
4 deceive an ordinary observer.
5 16. RPA had actual notice of the ‘072 Design Patent since at least January 28,
6 2019 when Lim notified RPA of the patent.
7 17. RPA received additional notice of infringement of the ‘072 Design Patent
8 by letter dated April 29, 2019.
9 18. Despite notice of infringement of the ‘072 Design Patent, RPA continued
10 to infringe by making, using, offering for sale, selling and/or importing infringing
11 GrubTub products.
12 19. As a direct and proximate result of RPA’s aforesaid acts of patent
13 infringement, Lim has suffered damages and will continue to suffer damages.
14 20. Upon information and belief, RPA’s acts constitute knowing, intentional,
15 and willful infringement of the ‘072 Design Patent. Upon information and belief, RPA
16 infringed the ‘072 Design Patent with reckless disregard of Lim’s patent rights, and RPA
17 knew, or it was so obvious that RPA should have known, that its actions constituted
18 infringement of the ‘072 Design Patent. Accordingly, Lim seeks enhanced damages
19 pursuant to 35 U.S.C. § 284.
20 21. Lim is entitled to the relief provided by 35 U.S.C. §§ 1 et seq., including
21 monetary damages pursuant to 35 U.S.C. §§ 284 and 289, an order enjoining RPA from
22 continuing to infringe the ‘072 Design Patent pursuant to 35 U.S.C. § 283, and reasonable
23 attorneys’ fees for the necessity of bringing this claim pursuant to 35 U.S.C. § 285. Lim
24 will be irreparably harmed if RPA is not enjoined from infringing.
25 DEMAND FOR JURY TRIAL
26 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, and Local Rule 38-
27 1, Plaintiff hereby demands trial by jury.
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COMPLAINT FOR DESIGN PATENT INFRINGEMENT
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COMPLAINT FOR DESIGN PATENT INFRINGEMENT
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EXHIBIT 1
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USOOD557072S
FIG. 1
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FIG.2
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EXHIBIT 2
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