Shen Hen Neewer Tech. v. Shenzhen Maitewei Inv. & Dev. - Complaint (Sans Exhibits)
Shen Hen Neewer Tech. v. Shenzhen Maitewei Inv. & Dev. - Complaint (Sans Exhibits)
v.
Defendants.
COMPLAINT
Plaintiff Shenzhen Neewer Technology Co., Ltd. (“Neewer” or “Plaintiff”), through its
undersigned attorneys, files this Complaint against Defendants Shenzhen Maitewei Investment
and Development Co., Ltd. (“Maitewei Investment”) and Allisman (Shenzhen) Technology Co.,
1. Neewer brings this case against Maitewei Investment, the purported owner of U.S.
Design Patent No. D881,980 (the “’980 patent”), and its subsidiary, alter ego, or otherwise related
business entity, Allisman, the purported owner of U.S. Design Patent No. 901,054 (the “’054
patent”) 1. On November 4, 2020—at the beginning of the busiest selling season of the year—an
agent of Maitewei sent correspondence to Neewer, claiming that Neewer’s products infringe the
’980 patent directed to a softbox light and threatening to take “action” against Neewer if it did not
contact Maitewei’s representative within 24 hours. Neewer contacted Maitewei within the
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The ’980 and ’054 patents are sometimes collectively referred to as the “Maitewei Patents.”
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prescribed period. During ensuing discussions, Maitewei accused Neewer of also infringing the
’054 patent directed to a ring light product and demanded that Neewer pay to license the Maitewei
Patents. Because the parties could not reach resolution, Maitewei threatened to immediately
commence takedown proceedings against many of Neewer’s Amazon-listed products at the end of
an in-person meeting between the parties on or around November 9, 2020. Thus, at any moment,
Amazon can incorrectly remove (and Maitewei can improperly receive a de facto injunction
against) Neewer’s products. If Maitewei does take down Neewer’s products, Neewer will suffer
irreparable reputational harm and substantial damages. Neewer thus seeks a temporary restraining
order and preliminary injunction preventing Maitewei from submitting takedown notices to
2. Neewer also brings this action seeking a declaratory judgment that Neewer’s
products do not infringe the ’980 patent or “the ’054 patent, which are allegedly owned by
Defendants. True and correct copies of the ’980 patent and ’054 patent are attached as Exhibits A
and B. Neewer further seeks a declaratory judgment that the ’980 patent and the ’054 patent are
each invalid.
Maitewei’s infringement of Neewer’s U.S. Design Patent No. D887,590, titled Ring Light (“the
’590 patent”). A true and correct copy of the ’590 patent is attached as Exhibit C.
compensatory and other damages, recovery of their costs and attorney’s fees, and other applicable
relief.
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THE PARTIES
5. Plaintiff Neewer is a company organized under the laws of the People’s Republic
place of business at B003, 2F, Building 4 (International Electronic City), No. 2070 Shennan
Middle Road, Fuqiang Community, Huaqiang North Street, Futian District, Shenzhen, China.
controls its subsidiary, alter ego or related business entity, Allisman. Upon information and belief,
Allisman has a place of business at B001, 2F, Building 4 (International Electronic City), No. 2070
Shennan Middle Road, Fuqiang Community, Huaqiang North Street, Futian District, Shenzhen,
China.
8. Upon information and belief, Maitewei also owns, operates, or otherwise controls
the “Mount Dog” storefront on Amazon.com, and advertises its products under the “Mount Dog”
brand name. Attached as Exhibit D is a true and correct copy of a printout of the “Mount Dog”
Amazon storefront. In fact, Shenzhen Maitewei Investment and Development Co., Ltd. is named
in the “About us” portion of the Mount Dog website and is listed as a party in the Privacy Policy
on the Mount Dog Website. Attached as Exhibit E is a true and correct copy of a printout of the
Mount Dog website; attached as Exhibit F is a true and correct copy of a printout of that website’s
privacy policy.
2F, Building 4 (International Electronic City), No. 2070 Shennan Middle Road, Fuqiang
Community, Huaqiang North Street, Futian District, Shenzhen, China. A true and correct copy of
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10. Upon information and belief, Allisman owns the registered trademark for
“MountDog.” Attached as Exhibit K is a true and correct copy of the assignment of the trademark
11. This is a civil action for declaratory judgment brought under the Declaratory
Judgment Act, 28 U.S.C. §§ 2201 and 2202, and for patent infringement under the Patent Laws of
the United States, Title 35 of the United States Code (35 U.S.C. §§ 100 et seq.). This Court has
subject matter jurisdiction over the action pursuant to 28 U.S.C. §§ 1331 and 1338(a), as it involves
claims arising under the Patent Laws of the United States including but not limited to 35 U.S.C. §
271.
12. This Court has personal jurisdiction over Maitewei in this District, because
Maitewei has committed acts of patent infringement within this State and in this District, and has
committed acts of patent infringement outside the State, which caused injury to Neewer within the
State. Maitewei expected and should reasonably have expected such acts to have consequences in
this State, and Maitewei derives substantial revenue from interstate or international commerce.
Maitewei has offered for sale and/or sold over the Internet through at least their “Mount Dog”
storefront, including in this District, ring light products that infringe the ’590 patent. Maitewei’s
13. Personal jurisdiction exists over Maitewei under at least New York’s long-arm
statute, New York Civil Practice Law and Rules § 302. For example, Maitewei operates one or
more interactive websites through which it sells or has sold to customers in the United States,
including in this District, ring light products that infringe the ’590 patent. As an additional
example, personal jurisdiction also exists over Maitewei because Maitewei has committed tortious
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acts of intellectual property infringement outside New York State through at least the sale,
marketing, advertisement, or offer for sale products that infringe the ’590 patent, which has caused
14. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), 1391(c),
and 1400(b).
FACTUAL BACKGROUND
16. Neewer is in the business of at least selling and promoting high quality photography
products including photography softbox products and ring light products. Neewer is one of the
top sellers for photography softbox products and ring light products on Amazon.com (“Amazon”).
17. Upon information and belief, Neewer and Maitewei are competitors at least in the
18. Maitewei is listed as the assignee on the face of the ’980 patent.
19. Allisman is listed as the assignee on the face of the ’054 patent.
20. Upon information and belief, Maitewei strategically chose to wrongfully accuse
Neewer of infringing the ’980 patent during the peak sales season to inflict as much damage on
during discussions with Neewer (see Exhibits G-1 to G-10, collectively, the “Neewer Softbox
Products”):
Softbox with E27 Socket Light Lighting Kit, offered for sale on Amazon with
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• Neewer 2.6M x 3M/8.5ft x 10ft Background Support System and 800W 5500K
Professional Photo Studio Equipment with 2 Pieces E27 Socket 5500K Video
Lighting Bulb for Filming Portraits Shoot, offered for sale on Amazon with an
• Neewer 3-Pack 2.4G LED Softbox Lighting Kit with Color Filter: 20"x28"
Softbox, 3200-5600K 48W Dimmable LED Light Head with 2.4G Remote,
Light Stand, Boom Arm, Bag for Photo Studio Video Shooting, offered for sale
Exhibit G-4 is a true and correct copy of a printout of the Amazon webpage on
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Portrait and Video Shoot Photography, offered for sale on Amazon with an
• Neewer 2-Pack 2.4G LED Softbox Lighting Kit with Color Filter: 20x28 Inch
Softbox, 3200-5600K 48W Dimmable LED Light Head with 2.4G Remote,
Light Stand, Red/Yellow/Blue Filter for Photo Studio Video, offered for sale on
G-6 is a true and correct copy of a printout of the Amazon webpage on which
• Neewer Upgraded 450W LED Photography Softbox Lighting Kit: (2) 24x24
Inches Softbox with E27 Socket and 5500K Instant Brightness Energy Saving
LED Bulbs and Stand for Photo Studio Video Shooting, offered for sale on
G-7 is a true and correct copy of a printout of the Amazon webpage on which
• Neewer Photography Studio 600W Softbox Lighting Kit - 3 Packs 24x24 inches
Softbox with 45W Fluorescent Light Bulb, Light Stands, Boom Arm and
Sandbag for Portraits Video Shooting, offered for sale on Amazon with an
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G-9 is a true and correct copy of a printout of the Amazon webpage on which
inches Studio Softbox, 45W Dimmable LED Light Head with 2 Color
Temperature and Light Stand for Photo Studio Portrait,Video Shooting, offered
as Exhibit G-10 is a true and correct copy of a printout of the Amazon webpage
22. Maitewei also wrongfully accused Neewer of infringing the ’054 patent based on
its sales of ring light products such as the following products identified by Amazon product
identification number (see Exhibits H-1 to H-11, collectively, “Neewer Ring Light Products” and
• Neewer Ring Light Kit:18"/48cm Outer 55W 5500K Dimmable LED Ring
Light, Light Stand, Carrying Bag for Camera, Smartphone, YouTube, TikTok,
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• Neewer 18-inch SMD LED Ring Light Dimmable Lighting Kit with 78.7-inch
Light Stand, Filter and Hot Shoe Adapter for Photo Studio LED Lighting
Portrait YouTube TikTok Video Shooting (No Carrying Bag), offered for sale
Exhibit H-2 is a true and correct copy of a printout of the Amazon webpage on
• Neewer 18-inch White LED Ring Light with Silver Light Stand Lighting Kit
Dimmable 42W 3200-5600K with Soft Filter, Hot Shoe Adapter, Cellphone
Holder for Make-up Video Shooting, offered for sale on Amazon with an
LED SMD Ring Light 5500K Dimmable Ring Video Light with Plastic Color
Filter Set and Universal Adapter with US/EU Plug, offered for sale on Amazon
• Neewer 20-inch LED Ring Light Kit for Makeup Youtube Video Blogger Salon
Charger, AC Adapter, Phone Clamp and Stand Included, offered for sale on
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H-5 is a true and correct copy of a printout of the Amazon webpage on which
• Neewer Advanced 18-inch LED Ring Light Support Manual Touch Control
with LCD Screen, 2.4G Remote and Multiple Lights Control, 3200-5600K,
Stand Included for Makeup YouTube Video Blogger Salon (Black), offered for
Exhibit H-6 is a true and correct copy of a printout of the Amazon webpage on
• Neewer RL-12 LED Ring Light 14" outer/12 on Center with Light Stand, Soft
• Neewer Upgraded 18-inch Outer Dimmable SMD LED Ring Light with 79-
• Neewer 18"/48cm LED Ring Light: 52W Dimmable LED Ringlight Makeup
Selfie Light Ring with Stand/Soft Tube/Phone Holder/Filter for Camera Phone
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Exhibit H-9 is a true and correct copy of a printout of the Amazon webpage on
• Neewer LED Ring Light 18-inch Outer Diameter with Top/Bottom Dual Hot
Shoe, Mirror, Smartphone Holder, Light Stand, Soft Tube, Color Filter for
Makeup Facial Beauty Portrait Video Shooting (US Plug), offered for sale on
H-10 is a true and correct copy of a printout of the Amazon webpage on which
• Neewer Ring Light with Stand Kit: 18-inch Outer 55W Dimmable LED Ring
Light with Soft Diffuser, Filter, Stand, Soft Tube, Phone Holder and Carrying
Bag for YouTube Video, Selfie Light, Makeup, etc., offered for sale on Amazon
23. Maitewei requested a meeting with Neewer on November 9, 2020, during which
Maitewei demanded payment of a license fee based on the alleged infringement of the ’980 patent
and the ’054 patent by the Neewer Softbox Products and the Neewer Ring Light Products. At that
meeting, Maitewei further threatened to file takedown notices with Amazon to delist the Accused
24. However, Neewer’s products do not infringe the ’980 patent or the ’054 patent.
25. For example, Neewer’s products differ significantly in at least three respects from
the claim of the ’980 Patent—(1) the shape of the softbox is different; (2) the assembly used to
angle the softbox is different; and (3) the lightbulb assembly is a different design. Taken together,
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a purchaser familiar with existing softbox products would not be deceived into purchasing
26. In addition, both the ’980 patent and the ’054 patent are invalid in view of Neewer’s
photography products, which have been publicly disclosed, offered for sale, and used prior to the
27. For example, at least one of the Neewer Softbox Products (B017D7W57S) was
available for sale on Amazon as of October 30, 2015. See Exhibit G-1. However, the ’980 patent
was not issued until April 21, 2020 and it claims a priority date of December 19, 2019.
28. As a further example, at least one of the Neewer Ring Light Products
(B01LXDNNBW) was available for sale on Amazon as of September 30, 2016. See Exhibit H-1.
However, the ’054 patent was not issued until November 3, 2020 and it claims a priority date of
29. As yet another example, at least one of Maitewei’s softbox lighting products,
marketed as “MOUNTDOG Softbox Lighting Kit Photography Studio Light 20”x28” Professional
Continuous Light System with E27 95W Bulbs 5500K Photo Equipment for Filming Model
Softbox Product”) was available for sale on Amazon as of September 11, 2018, which is more than
one year before the December 19, 2019 filing date of the ’980 patent. Attached as Exhibit I is a
true and correct copy of a printout of the Amazon webpage on which B07G32T189 is offered for
sale.
30. Therefore, the ’980 patent and the ’054 patent are each invalid at least because of
the prior public use and sale of at least one of the Neewer Softbox Products and at least one of the
Neewer Ring Light Products and the Maitewei Softbox Product. In addition, the ’980 patent and
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the ’054 patent each fails to satisfy one or more of the conditions and requirements for patentability
set forth in Title 35 of the United States Code including, but not limited to, 35 U.S.C. §§ 101, 102,
103, 112 and/or 171, and the rules, regulations, and law pertaining thereto.
31. Neewer plans and intends to continue to at least sell, and promote its photography
products including the Accused Products. However, as discussed above, Maitewei has
demonstrated its intent to enforce the ’980 patent and the ’054 patent. Neewer is thus under a
reasonable apprehension that Neewer, its customers, retailers, and/or distributors will be sued by
Maitewei and/or will be the subject of baseless takedown notices for the alleged infringement by
32. Accordingly, for at least the reasons set forth above, an actual and justiciable
controversy has arisen and exists between the parties as to the validity of the ’980 patent and the
’054 patent and as to the alleged infringement by making, importing, and selling Neewer’s
33. Moreover, Maitewei’s making, using, sale, and/or offer for sale of one or more of
34. Specifically, Neewer invented a new, original, and ornamental design directed to
ring light, as shown and described in the ’590 patent. The ’590 patent was issued on June 16, 2020
35. Maitewei has infringed the ’590 patent by, for example, selling and offering for sale
a ring light product marketed as “MOUNTDOG 18" Ring Light Kit 55W Bluetooth LED Ringlight
Lighting with Tripod Stand Dimmable 3200K/5500K YouTube Circle Lighting Ringlights for
B07L6B667Q (the “Maitewei Ring Light Product”). Attached as Exhibit J is a true and correct
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copy of a printout of the Amazon webpage on which B07L6B667Q is offered for sale. Below is a
side-by-side comparison of the ’590 patent and the Maitewei Ring Light Product:
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36. As illustrated above, the Maitewei Ring Light Product contains each and every
feature claimed by the ’590 patent. However, Neewer has never licensed the ’590 patent to
Maitewei, and Maitewei has no right, title or interest in or to the ’590 patent.
37. Upon information and belief, Maitewei did not publicly disclose or make the
Maitewei Ring Light Product available for sale until December 6, 2018. See Exhibit J.
38. Based on the foregoing, an actual and justiciable controversy now exists between
Neewer and ALSM regarding ALSM’s infringement of the ’590 patent, which warrants the
39. Neewer repeats and incorporates by reference its allegations in each of the
40. Neewer has not infringed and does not infringe the ’980 patent directly or indirectly,
either literally or under the doctrine of equivalents, by making, importing, or selling the Neewer
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41. There is an actual controversy, within the meaning of 28 U.S.C. § 2201 and § 2202,
between Neewer and Maitewei concerning the non-infringement of the ’980 patent.
42. Neewer is therefore entitled to a declaratory judgment that it has not infringed the
’980 patent, directly or indirectly, either literally or under the doctrine of equivalents.
43. Neewer repeats and incorporates by reference its allegations in each of the
44. Neewer has not infringed and does not infringe the ’054 patent directly or indirectly,
either literally or under the doctrine of equivalents, by making, importing, or selling the Neewer
Ring Light Products, for at least the reasons set forth above.
45. There is an actual controversy, within the meaning of 28 U.S.C. § 2201 and § 2202,
between Neewer and Maitewei concerning the non-infringement of the ’054 patent.
46. Neewer is therefore entitled to a declaratory judgment that it has not infringed the
’054 patent, directly or indirectly, either literally or under the doctrine of equivalents.
47. Neewer repeats and incorporates by reference its allegations in each of the
48. As set forth above, the design purportedly claimed in the ’980 patent does not
qualify for patent protection. For example, and without limitation, the ’980 patent is invalid as
anticipated and/or obvious in view of the prior public use and sale of at least one of the Neewer
49. An actual controversy exists between Neewer and Maitewei regarding whether or
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50. Neewer seeks and is entitled to a declaratory judgment that the ’980 patent is invalid
and void for failure to satisfy one or more conditions of patentability set forth in 35 U.S.C. §§ 101,
102, 103, 112 and/or 171. Without such declaratory relief, Neewer will be irreparably harmed and
damaged.
51. Neewer repeats and incorporates by reference its allegations in each of the
52. As set forth above, the design purportedly claimed in the ’054 patent does not
qualify for patent protection. For example, and without limitation, the ’054 patent is invalid as
anticipated and/or obvious in view of the prior public use and sale of at least one of the Neewer
53. An actual controversy exists between Neewer and Maitewei regarding whether or
54. Neewer seeks and is entitled to a declaratory judgment that the ’054 patent is invalid
and void for failure to satisfy one or more conditions of patentability set forth in 35 U.S.C. §§ 101,
102, 103, 112 and/or 171. Without such declaratory relief, Neewer will be irreparably harmed and
damaged.
55. Neewer repeats and incorporates by reference its allegations in each of the
56. The ’590 patent is non-anticipated and non-obvious as defined in 35 U.S.C. §§ 102
and 103.
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57. Maitewei has made, used, imported, supplied, distributed, sold, and/or offered for
sale one or more of its ring light products including the Maitewei Ring Light Product described
above. By so doing, Maitewei has directly infringed (literally and/or under the doctrine of
58. Neewer has been damaged as a result of Maitewei’s infringing conduct, and
Maitewei is liable to Neewer in an amount that adequately compensates it for such infringements,
which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed
by the Court under 35 U.S.C. § 284. In the alternative, Maitewei is liable to Neewer under 35
U.S.C. § 289 in the amount of the total profits that Maitewei has made from the infringing products.
59. Upon information and belief, Maitewei’s infringement is willful and intentional.
60. The willful and intentional nature of Maitewei’s infringement entitles Neewer to an
award of treble damages pursuant to 35 U.S.C. § 284 and the exceptional nature of the case entitles
61. Neewer will continue to suffer damages and irreparable harm unless Maitewei is
restrained and enjoined by this court, pursuant to 35 U.S.C. § 283 from further infringement of the
patents.
Wherefore, Neewer respectfully requests that this Court enter judgment in its favor and
(a) A declaration that Neewer has not infringed, induced infringement of, or
contributorily infringed, and does not infringe, induce infringement of, and/or contributorily
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(b) A declaration that the ’980 patent and the ’054 patent are each invalid and void for
failure to comply with one or more sections of Title 35 of the United States Code including, without
(c) A declaration that Maitewei has no claim for damages from the alleged
indirectly asserting or instituting any action based on the ’980 patent or the ’054 patent against
Neewer or any of its customers, retailers, or partnered distributors, including precluding Maitewei
from filing any takedown notices or other infringement reports with Amazon against Neewer’s
Neewer for Maitewei’s infringement under 35 U.S.C. § 284 or, in the alternative, in the amount of
the total profits that Maitewei has made from the infringing products under 35 U.S.C. § 289,
(g) Awarding Neewer an additional sum on account of the willful, intentional and
(h) Adjudging that this case is exceptional pursuant to 35 U.S.C. § 285 and awarding
(i) A preliminary and permanent injunction enjoining Maitewei from making, selling,
or importing any products that infringe the ’590 patent including the Maitewei Ring Light Product;
(j) Such other and further relief as the Court may deem just and proper.
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JURY DEMAND
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Neewer demands a trial by
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