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PRESTIGE AUTOTECH
CORPORATION,
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Plaintiff,
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Case No.
v.
TIRE & WHEEL MASTER, INC., dba
TIRE & WHEEL MASTER
WHOLESALE DISTRIBUTOR; TIRE
& WHEEL MASTER, LLC, dba TIRE
& WHEEL MASTER WHOLESALE
DISTRIBUTOR; and USA WHEEL &
TIRE OUTLET, INC.,
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Defendants.
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follows:
JURISDICTION
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1.
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This action arises under the patent laws of the United States, 35 U.S.C.
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1 et seq. This Court has subject matter jurisdiction over this action for patent
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SNELL & WILMER
L.L.P.
ORANGE COUNTY
24304784
THE PARTIES
2.
organized and existing under the laws of the State of Nevada, with its principal
Upon information and belief, defendant Tire & Wheel Master, Inc.,
dba Tire & Wheel Master Wholesale Distributor is now, and at all relevant times
was a corporation organized and existing under the laws of California, with its
Upon information and belief, defendant Tire & Wheel Master, LLC,
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dba Tire & Wheel Master Wholesale Distributor is now, and at all relevant times
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was a limited liability company organized and existing under the laws of Delaware,
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with its principal place of business in Stockton, California. Tire & Wheel Master,
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Inc., and Tire & Wheel Master, LLC, are collectively referred to herein as TWM.
5.
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Upon information and belief, defendant USA Wheel & Tire Outlet,
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now, and at all relevant times was a corporation organized and existing under the
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6.
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information and belief, TWMs principal place of business is located in this judicial
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district and TWM has committed acts within this judicial district giving rise to this
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action.
7.
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business in the State of California, including business related to the subject matter
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of this action. Indeed, on information and belief, USA Wheel has had an extensive
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24304784
-2-
8.
1400(b).
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inventor Chan Gordon, of all rights, title and interest in and to:
a.
15, 2013, and which is subsisting. A true and correct copy of the 542 patent is
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b.
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2014, and which is subsisting. A true and correct copy of the 174 patent is attached
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hereto as Exhibit 2.
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Prestiges enviable reputation and goodwill in the 542 patent and the 174 patent.
11.
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bearing knock-offs of the 542 patent and the 174 patent. Prestige is informed and
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believes and thereon alleges that Defendants sell the infringing designs (sometimes
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///
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///
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///
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///
24304784
-3-
12.
Defendants Imitation
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13.
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Defendants Imitation
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///
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///
24304784
-4-
15.
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Prestige is the exclusive owner of all rights, title and interest in and to
the 542 patent, which was duly and legally issued by the United States Patent and
continuing to infringe on the 542 patent under 35 U.S.C. 271(a), (b), and/or (c).
The infringing activities include, but are not limited to, the manufacture, use, sale,
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infringement.
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Prestige has suffered and continues to suffer damages and irreparable harm. Unless
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Defendants acts of infringement are enjoined by this Court, Prestige will continue
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20.
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Prestige is the exclusive owner of all rights, title and interest in and to
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the 174 patent, which was duly and legally issued by the United States Patent and
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continuing to infringe on the 174 patent under 35 U.S.C. 271(a), (b), and/or (c).
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The infringing activities include, but are not limited to, the manufacture, use, sale,
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infringement.
24304784
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24.
Prestige has suffered and continues to suffer damages and irreparable harm. Unless
Defendants acts of infringement are enjoined by this Court, Prestige will continue
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1.
174 patent;
2.
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A judgment that Defendants have infringed the 542 patent and the
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wrongful infringement of the 542 patent and the 174 patent, together with pre-
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attorneys, successors and assigns and all person in active concert or participation be
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enjoined and restrained preliminarily and perpetually and permanently from further
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8.
in bringing this action, together with pre- and post-judgment interest; and
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Defendants willful infringement of the 542 patent and the 174 patent;
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That the Court declare this case to be an exceptional case and award
An award of such other and further relief as the Court deems just and
proper.
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SNELL & WILMER
ATTORNEYS AT LAW
ORANGE COUNTY
24304784
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SNELL & WILMER
ATTORNEYS AT LAW
ORANGE COUNTY
24304784
-7-
EXHIBIT 1
VEHICLE WHEEL
-
D6l7,252 s
D633,028 S
2/2011
D649101
11/2011
D675,971 s
D680,047 S
*
*
2/2013
4/2013
( 721
) nventzCh
or
an Gd
or 0" Temp e C't
1y CAUS
( )
TBIIIIZ
Kim .... ..
D12/211
H1
D12/209
J.
CA (Us)
(**)
US D691,543 S
BIZ/211
Lee ..... ..
1312/209
Hale, Jr. ..................... .. D12/209
OTHER PUBLICATIONS
14 Years
(22)
* cited by examiner
(58)
Filed:
(57)
CLAIM
DESCRIPTION
References Cited
(56)
D410,426 S
6/1999
D487,717
3/2004
LenZ
Dl2/2ll
FIG 2
'
'
BIZ/209
BIZ/211
D590,317 S
D597,462 S *
4/2009
US. Patent
Sheet 1 of3
FIG. 7
US D691,543 S
US. Patent
Sheet 2 of3
US D691,543 S
US. Patent
Sheet 3 of3
US D691,543 S
EXHIBIT 2
(71)
WHEEL CAP
D585,801 s
D629,731 S
13662369 S
CA (U S)
(72)
Inventor:
US D702,174 S
*
*
*
*9:
*Apr. 8, 2014
OTHER PUBLICATIONS
(*)
Notice:
accents), 810 (chrome), 810 (black), 811 (chrome), 811 (black), 813
**
Term'
(black with red inserts), 813 (black), 814 (chrome), 814 (black with
red inserts), 814 (black), appearing on p. 4, 3 photographs of the
center cap OfeaCh Ofthe forgomg Item NOS'
-
* cited by examlner
14 Years
(21)
(22)
Filed?
(57)
APF- 23: 2013
(51)
(52)
U-S- ClUSPC
(58)
.............................................. .. 12-16
CLAIM
described
DESCRIPTION
....................................................... ..
D12/213
301/64-201
(56)
Us PATENT DOCUMENTS
D450,290 S *
11/2001 Schardt
D498,447 S
11/2004
Kato ...... ..
References Clted
design;
H BIZ/213
.. D12/207
US. Patent
Apr. 8,2014
Sheet 1 M4
US D702,174
US. Patent
Apr. 8, 2014
Sheet 2 0f4
US D702,174 S
US. Patent
Apr. 8, 2014
Sheet 3 0f4
US D702,174 S
US. Patent
Apr. 8, 2014
Sheet 4 0f4
F/G. 4
US D702,174 S
JS 44 (Rev. 11/15)
Case
Document
Filed
Page
1 asofrequired
2 by law, except as
The JS 44 civil cover sheet
and the 2:16-cv-01367-MCE-CKD
information contained herein neither replace nor
supplement the1-3
filing and
service06/20/16
of pleadings or other
papers
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
Prestige Autotech Corporation
DEFENDANTS
Tire & Wheel Master, Inc. et al.
San Bernardino, CA
San Joaquin, CA
3 Federal Question
(U.S. Government Not a Party)
2 U.S. Government
Defendant
4 Diversity
(Indicate Citizenship of Parties in Item III)
DEF
PTF
DEF
3 Foreign Nation
TORTS
PERSONAL INJURY
PERSONAL INJURY
110 Insurance
120 Marine
310 Airplane
340 Marine
REAL PROPERTY
210 Land Condemnation
FORFEITURE/PENALTY
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
410 Antitrust
430 Banks and Banking
830 Patent
450 Commerce
840 Trademark
SOCIAL SECURITY
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
850 Securities/Commodities/
Exchange
220 Foreclosure
441 Voting
442 Employment
443 Housing/
Accommodations
OTHER STATUTES
375 False Claims Act
820 Copyrights
BANKRUPTCY
422 Appeal 28 USC 158
448 Education
IMMIGRATION
896 Arbitration
2 Removed from
State Court
3 Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
6 Multidistrict
Litigation
(Specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271
Brief description of cause:
DATE
FOR OFFICE USE ONLY
RECEIPT #
DOCKET NUMBER
JUDGE
SIGNATURE OF ATTORNEY OF RECORD
AMOUNT
DEMAND $
APPLYING IFP
MAG. JUDGE
American LegalNet, Inc.
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24325111.1
REPORT ON THE
FILING OR DETERMINATION OF AN
ACTION REGARDING A PATENT OR
TRADEMARK
Mail Stop 8
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
TO:
In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been
filed in the U.S. District Court Eastern District of California
Trademarks or
DOCKET NO.
Patents. (
on the following
DATE FILED
PLAINTIFF
DEFENDANT
Tire & Wheel Master, Inc., dba Tire & Wheel Master Wholesale
Distributor; Tire & Wheel Master, LLC, dba Tire & Wheel Master
Wholesale Distributor; and USA Wheel & Tire Outlet, Inc.
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARK
1 D691,542S
2 D702,174S
April 8, 2014
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In the aboveentitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED
INCLUDED BY
Amendment
PATENT OR
TRADEMARK NO.
Answer
DATE OF PATENT
OR TRADEMARK
Cross Bill
Other Pleading
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In the aboveentitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK
DATE
Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director
Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy
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