Lim v. Richard Pola & Assocs. - Complaint

Case 2:19-cv-07163 Document 1 Filed 08/16/19 Page 1 of 5 Page ID #:1
1 SHUMENER, OHSON & OH, LLP

John D. Spurling (SBN 252324)
2 [email protected]
550 South Hope Street, Suite 1050
3 Los Angeles, CA 90071-2678
Tel: 213.344.4200
4
SILL CUMMIS & GROSS PC
5 Tod M. Melgar (Pro Hac Vice to be filed)
[email protected]
6 101 Park Avenue
New York, NY 10178
7 Tel: 212-500-1519
8
Attorneys for Plaintiff
9 MENG KOAY LIM
10 UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA
12
13 MENG KOAY LIM, an individual, CASE NO. 2:19-CV-7163

14 Plaintiff, COMPLAINT FOR DESIGN PATENT
INFRINGEMENT
15 vs.
DEMAND FOR JURY TRIAL
16 RICHARD POLA & ASSOCIATES,
INC., d/b/a RP & ASSOCIATES INC.,
17 a California corporation,
18 Defendant.
19
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23
24
25
26
27
28
COMPLAINT FOR DESIGN PATENT INFRINGEMENT

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
LOSA2\309525.1 -2-
1 ’072 Design Patent is attached as Exhibit 1 and is incorporated herein by reference.

2 The ’072 Design Patent is valid and enforceable.
3 FIRST COUNT
4 (Design Patent Infringement of U.S. Design Patent No. D557,072 under 35 U.S.C. §
5 271)
6 10. Lim repeats and incorporates by reference, as if fully set forth herein, the
7 allegations of the preceding paragraphs, as set forth above.
8 11. RPA has infringed and continues to infringe the ‘072 Design Patent by
9 manufacturing, using, selling, offering for sale and/or importing into the United States,
10 infringing products as identified in this Complaint.
11 12. Such infringing products include at least the GrubTub, photos of which,
12 obtained from RPA’s website (http://rpandassociates.com/other-products/grub-tub-all-
13 shapes) and Instagram page (https://www.instagram.com/grubtubcompany/?hl=en), are
14 attached as Exhibit 2.
15 13. Below is a comparison between infringing GrubTub products and the
16 ‘072 Design Patent claims:
17 ‘072 Design Patent Infringing GrubTub Products
18
19
20
21
22
23
24
25 14. RPA’s website states that the GrubTub design as “the greatest invention
26 since man discovered fire.”
27
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LOSA2\309525.1 -3-
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.
28
LOSA2\309525.1 -4-
1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiff prays for judgment as follows:
3 1. An entry of judgment that RPA has infringed the ‘072 Design Patent in
4 violation of 35 U.S.C. § 271;
5 2. Judgment that RPA’s infringement of the ‘072 Design Patent is willful,
6 deliberate, and intentional;
7 3. An order directing RPA to account for and pay to Lim all damages
8 adequate to compensate for RPA’s infringement in an amount to be determined at trial,
9 but not less than a reasonable royalty or RPA’s profits, under 35 U.S.C. §§ 284 or 289;
10 4. An order trebling damages awarded to Lim and/or awarding exemplary
11 damages to the extent RPA’s infringement of the ‘072 Design Patent is determined to
12 have been willful under 35 U.S.C. § 284;
13 5. An order deeming this to be an “exceptional case” and thereby directing
14 RPA to pay Lim’s costs, expenses, and reasonable attorney’s fees, pursuant to 35 U.S.C.
15 § 285;
16 6. An award to Lim of pre-judgment interest on the damages caused by
17 RPA’s infringement at the maximum allowable rates under the law;
18 7. An order permanently enjoining RPA and its subsidiaries, officers, agents,
19 servants, employees, licensees, and all other persons acting or attempting to act in active
20 concert or participation with RPA or acting on RPA’s behalf, from further infringement
21 of the ‘072 Design Patent pursuant to 35 U.S.C. § 283; and
22 8. Such other and further relief as the Court may deem just and proper.
23 Dated: August 16, 2019 SHUMENER, ODSON & OH, LLP
24
25 By:/s/ John D. Spurling

JOHN D. SPURLING
26 Attorneys for Plaintiff Meng Koay Lim
27
28
LOSA2\309525.1 -5-
Case 2:19-cv-07163 Document 1-1 Filed 08/16/19 Page 1 of 4 Page ID #:6
EXHIBIT 1
USOOD557072S
(12) United States Design Patent (10) Patent No.: US D557,072 S

Lim (45) Date of Patent: . Dec. 11, 2007
(54) CUP HOLDER FOR A PLATE D363,644 S * 10/1995 Wyatt et al. .............. D7/5536
D389,020 S * 1/1998 LaJoie ....... ... D7f701
(76) Inventor: Meng Koay Lim, 2 Lefferts P1, Coram, 6,138,860 A * 10, 2000 Comeaux ... ... 220/574
NY (US) 11727 D507.933 S * 8/2005 Carmichael .... ... D7,505
D526,851 S * 8/2006 Groff et al. ............... D7 552.1
(**) Term: 14 Years
* cited by examiner
(21) Appl. No.: 29/259,094 Primary Examiner Terry A Wallace
(74) Attorney, Agent, or Firm—Richard D. Ratchford Jr., F.
(22) Filed: May 2, 2006 Chau & Associates, LLC
(51) LOC (8) Cl. ................................................. O7-O1 (57) CLAM
(52) U.S. Cl. ........................ D7/505; D7/552.1; D7/701
(58) Field of Classification Search ................. D7/505, The ornamental design for a Cup holder for a plate, Substan
D7/550.1, 552.1, 552.2, 554.1, 554.2, 557, tially as shown and described.
D7/558; 215/395; 229/400, 904; 248/311.2:
220/574, 575, 737 739, 23.86, 23.8, 23.84, DESCRIPTION
220/62. 12-62.14
See application file for complete search history. FIG. 1 is a perspective view of the cup holder for a plate in
accordance with the present invention;
(56) References Cited FIG. 2 is a side view thereof;
U.S. PATENT DOCUMENTS FIG. 3 is a bottom view thereof, and,
2,920,804 A 1, 1960 Minton ....................... 229/400 FIG. 4 is a top view thereof.
B s : 18 C.
CSCO
- - - P.
-- -
The broken lines shown in the Figures are for illustrative
D297,799 S * 9/1988 H CT . . . . . . ... D7,507 Rises as an environment and form no part of the claimed
D303,194 S * 9/1989 Darby et al. . ... D7,507 eS1gn.
5.249,700 A * 10/1993 Dumke ....................... 220/574
5,292,028 A * 3/1994 Patterson et al. ........... 220/574 1 Claim, 2 Drawing Sheets
U.S. Patent Dec. 11, 2007 Sheet 1 of 2 US D557,072 S
FIG. 1
-- - - - - - - - - - -------------
FIG.2
U.S. Patent Dec. 11, 2007 Sheet 2 of 2 US D557,072 S
s
--- ea
--------- FIG. 3
EXHIBIT 2

Lim v. Richard Pola & Assocs. - Complaint

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Case 2:19-cv-07163 Document 1 Filed 08/16/19 Page 1 of 5 Page ID #:1

1 SHUMENER, OHSON & OH, LLP

13 MENG KOAY LIM, an individual, CASE NO. 2:19-CV-7163

COMPLAINT FOR DESIGN PATENT INFRINGEMENT

1 ’072 Design Patent is attached as Exhibit 1 and is incorporated herein by reference.

1 PRAYER FOR RELIEF

25 By:/s/ John D. Spurling

(12) United States Design Patent (10) Patent No.: US D557,072 S

U.S. Patent Dec. 11, 2007 Sheet 1 of 2 US D557,072 S

U.S. Patent Dec. 11, 2007 Sheet 2 of 2 US D557,072 S

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