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Daniel M. Cislo, No. 125,378 dan@cislo.com Peter S. Veregge, No. 155,769 peter@cislo.com CISLOnd & THOMAS LLP 1333 2 Street, Suite 500 Santa Monica, California 90401-4110 Telephone: (310) 451-0647 Telefax: (310) 394-4477 Attorneys for Plaintiff, THE TIRE HANGER CORPORATION UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA THE TIRE HANGER CORPORATION, a California corporation, Plaintiff, vs. CASE NO. ______________________ COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

MY CAR GUY CONCIERGE SERVICES INC. dba HOIST 16 HANGER, a Canadian company, SONIC AUTOMOTIVE, INC., a 17 Delaware corporation, PACIFIC LIFT AND EQUIPMENT COMPANY, 18 INC., a California corporation, and DOES, 1-10,
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Defendants.

Plaintiff The Tire Hanger Corporation hereby pleads its claim for Patent Infringement against Defendant My Car Guy Concierge Services Inc. dba Hoist Hanger, Sonic Automotive, Inc., Pacific Lift and Equipment Company, Inc., and Does 1-10, as follows:

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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

THE PARTIES 1. Plaintiff The Tire Hanger Corporation (Plaintiff or Tire Hanger) is a California corporation with a business address of 8608 Utica Avenue, Suite 220, Rancho Cucamonga, CA 91730. 2. Plaintiff is informed and believes, and based thereon alleges that Defendant My Car Guy Concierge Services Inc. dba Hoist Hanger is a Canadian company, with a business address of 1036 Ioco Road, Port Moody, BC V3H 2X1 (Hoist Hanger). 3. Plaintiff is informed and believes, and based thereon alleges that Plaintiff is further Defendant Sonic Automotive, Inc. is a Delaware corporation, with a business address of 4401 Colwick Road, North Carolina (Sonic). informed and believes that Sonic is among the largest automotive retailers in the United States, and owns a number of dealerships within this judicial district, which provide comprehensive services, including performance of vehicle maintenance. 4. Plaintiff is informed and believes, and based thereon alleges that Defendant Pacific Lift and Equipment Company, Inc. is a California corporation, with a business address of 61 W. Mountain Street, Pasadena, California (Pacific Lift). 5. Plaintiff is informed and believes, and based thereon alleges that each of the fictitiously-named defendants is in some manner responsible, liable and/or obligated to Plaintiff in connection with the acts alleged herein (Defendants). 6. Plaintiff is informed and believes, and based thereon alleges that at all times mentioned herein, each of the Defendants was the agent, servant, representative, employee, partner, and/or controlling person of the other Defendants named herein, and in doing the acts herein alleged were acting as the agents for each other. /// ///
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CISLO & THOMAS LLP

Attorneys at Law

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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

JURISDICTION AND VENUE 7. This is a complaint for patent infringement arising under the patent laws of the United States, Title 35 United States Code, particularly 271 and 281. The Court has jurisdiction over the parties and the subject matter of the action pursuant to 28 U.S.C. 1338(a). 8. Venue is proper in this judicial district under Title 28 United States Code 1391(b) and (c) and 1400(b) because a substantial part of the events giving rise to the claims occurred in this judicial district. Also, Defendants are subject to personal jurisdiction in this judicial district. 9. Defendants conduct business within this judicial district, including the acts complained of herein. Defendant Hoist Hanger operates a website that is accessible in this judicial district, hoisthanger.com. Based on information and belief, Defendant Hoist Hanger has shipped its goods through the Port of Los Angeles, the most recent of which arrived on May 23, 2013, Bill of Lading SUDU230043613038, aboard the cargo ship Cap Vilano, with a weight of 1542 KG (3392 pounds). 10. Based on information and belief, Defendant Hoist Hanger has shipped significant product to Defendant Sonic Automotive, which has numerous dealership and service locations in this judicial district, including Acura 101 West, 24650 Calabasas Rd., Calabasas, CA 91302, Beverly Hills BMW, 5070 Wilshire Boulevard, Los Angeles, CA 90036, Honda of Santa Monica, 1720 Santa Monica Blvd, Santa Monica, CA 90404, Long Beach Mini, 2998 Cherry Ave. Ste. A, Signal Hill, CA 90755, W.I. Simonson, 1626 Wilshire Boulevard, Santa Monica, CA 90403, Long Beach BMW, 2998 Cherry Ave, Signal Hill, CA 90755, and many others. Plaintiff is informed and believes that Sonics service centers have installed the Hoist Hanger products on their automotive hoists and are using the Hoist Hanger products.

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CISLO & THOMAS LLP

Attorneys at Law

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11.

Based on information and belief, Defendant Hoist Hanger uses

Defendant Pacific Lift as an authorized dealer within this judicial district. Plaintiff is informed and believes that Pacific Lift offers to sell and sells Hoist Hanger products to persons inside and outside this judicial district. 12. This Court has personal jurisdiction over Defendants because they committed intentional acts aimed at California residents, harm was suffered in California, and Defendants knew that harm was likely to be suffered in California. Defendants knowingly caused an effect in this judicial district by willfully infringing Plaintiffs patents and/or willfully causing others to infringe Plaintiffs patents. FACTUAL ALLEGATIONS 13. Plaintiff operates a business located in Rancho Cucamonga, California, which offers patented products for hanging tires on automotive lifts during servicing. Removing a tire from a car and hanging it on a lift reduces the burden on the service technician, who would ordinarily have to lower the tire to the ground, service the vehicle, and then lift the tire back up to shoulder height to place it back on the car. Without the tire hanger, the technician would have numerous cycles of lowering and lifting heavy tires all day long, putting strain on the technicians back. 14. Plaintiff is the owner or all rights and title to United States Patent Nos. 6,604,610 (610 Patent) and 6,681,897 (897 Patent) (collectively, the Patents in Suit (Exhibits A & B hereto)), which pertain generally to methods and apparatus for supporting vehicle wheels that have been temporarily removed from a vehicle disposed on a lift or hoist, i.e. a tire hanger. 15. Plaintiff is informed and believes and based thereon alleges that Defendant Hoist Hanger is also engaged in the business of offering for sale and selling in the United States, its Hoist Hanger product, for hanging tires on automotive lifts during servicing. It offers these products through its website,
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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

hoisthanger.com, which has contacts for prospective purchasers. Copies of the hoisthanger.com website are attached hereto as Exhibit C. A photograph of Also on Plaintiffs and Hoist Hangers products is attached as Exhibit D.

Defendant Hoist Hangers website is a video that instructs potential purchasers and users how the Hoist Hanger product is mounted and how to use the Hoist Hanger product using the methods claimed in the Patents in Suit. 16. Plaintiff is informed and believes that Defendant Hoist Hanger is aware of the Patents in Suit, which are prominently displayed on Plaintiffs website, tirehanger.com. Plaintiff is informed and believes that Defendant Hoist Hanger has been to Plaintiffs website, because the former copy on the Hoist Hanger website was remarkably similar to that on Plaintiffs website. Here is Plaintiffs website content: Thru the years industry has demanded assistance in some chores, engine hoists, transmission jacks, and an array of jack stands to support one thing or another. Something we have never had any assistance with is the constant lifting and lowering of tires from the cars and trucks being worked on. Service on todays vehicles require a much greater percentage of the vehicles to have the tires removed for inspection. Its not unusual to service 5 or 6 cars a day and remove the tires from each one. This accounts for lifting the tire up or down 48 times a day. On information and belief, here is the former content on Defendant Hoist Hangers website: Over the years, the industry has demanded that there be some assistance with certain tasks in the workshop. We employ engine cranes, transmission jacks, and any number of different jack stands for
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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

various types of support. To date there has never been any assistance with the constant lifting & lowering of wheels & tyres from a vehicle being worked on when it is hoisted in the air. It would not be unusual for one technician to service 5 to 6 cars per day and remove the wheels from each one of them. This would account for a technician lifting a total of 48 wheels up & down in a day, and with an average weight of up to 35 kg, thats 1680 kg of lifting a day! The blatant similarities of the wording cannot be coincidental. Defendant Hoist Hanger appears to have been trolling Plaintiffs website prior to writing the copy for its own website. In the process, Defendant Hoist Hanger should have seen the patent numbers prominently displayed on Plaintiffs website. 17. Plaintiff is informed and believes that Defendant Hoist Hanger is also aware of Plaintiffs patents because Defendant Hoist Hanger apparently patented the Hoist Hanger Product and cited Plaintiffs patents in its Information Disclosure Statement. Gregory James Henderson received a U.S. patent for the Hoist Hanger product, Patent No. 7,815,158 (158 patent). In his Information Disclosure Statement for the 158 patent, Henderson disclosed all of the Patents in Suit, and stated that those patents represent the closest art known to the present invention. On the face of both Patents in Suit, it states that the Assignee is Tire Hanger Corporation, Rancho Cucamonga, CA. (See Exhibits A & B). Thus, Henderson was on notice that the Patents in Suits owner is located in this judicial district. In addition, the specification of the 158 patent describes Canadian Patent No. 2,402,711, which is based on the same U.S. Patent application as the Patents in Suit. On five separate pages of Defendant Hoist Hangers website it shows the Hoist Hanger product and states: PATENT APPROVED, We did the research. You SAVE. At the 2013 SEMA show in Las Vegas, Rick Daley, President of
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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

Hoist

Hanger,

said

that

Hoist

Hanger

is

U.S.-patented

tool.

(http://bcove.me/k8p5k6eb) Thus, Hoist Hanger is advertising that its product is patented, which patent itself recognized the existence of the Patents in Suit and the presence of the plaintiff in the Central District. 18. On information and belief, Greg Henderson owns or is an integral part of Defendant Hoist Hanger. Henderson assigned the 158 patent to BCR Products Ltd., 309-22230 North Avenue, Maple Ridge, British Columbia V2X 2L5, a company making engine parts. The address corresponds to a law firm less than one mile from Hendersons residence address. On information and belief, Henderson used to own BCR Products, but sometime between 2010 and 1013, apparently sold it to someone in Troy, Michigan to focus on his Hoist Hanger business. On May 24, 2013, Henderson applied for a U.S. trademark registration for HOISTHANGER, which was granted on November 5, 2013, Reg. No. 4430294, and there is no record of any assignment. Henderson is also the registrant of the Defendant Hoist Hangers website, hoisthanger.com. Henderson has posted on various websites that Hoist Hanger is my company. Hendersons mailing address on his patent application, trademark registration, and domain registration, 21867 River Rd, Maple Ridge, BC V2X 2B9, Canada, is only 21 kilometers (13 miles) from Defendant Hoist Hangers business address. Plaintiff is informed and believes that Henderson either owns or is deeply involved in Defendant Hoist Hangers business, and his knowledge of the Patents in Suit is imputed to Defendant Hoist Hanger. 19. Plaintiff is informed and believes and based thereon alleges that Defendant Pacific Lift Defendant Pacific Lift offers to sell and sells Defendant Hoist Hangers product to third parties, expressly for use with automotive lifts. operates a website pacificlift.com, which has a large HOIST HANGER logo, a statement that it is an authorized dealer, a direct link to the hoisthanger.com website, and offers to sell the Hoist Hanger product. A copy of the Pacific Lift
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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

website is attached as Exhibit E. Plaintiff is informed and believes and based thereon alleges that Defendant Pacific Lift has knowledge of the Patents in Suit, either directly from Defendant Hoist Hanger or imputed to them from Defendant Hoist Hanger. Defendant Pacific Lift also has knowledge of the Patents in Suit through this pleading. 20. Plaintiff is informed and believes and based thereon alleges that Defendant Sonic has purchased and is using the Hoist Hanger product in its vehicle service bays at its dealerships, including, but not limited to, Honda of Santa Monica in this judicial district. 21. Plaintiff is informed and believes and based thereon alleges that third parties using Defendant Hoist Hangers product, including Sonic, directly infringe certain claims of the Patents in Suit. Specifically, Plaintiff is informed and believes that Sonic service centers have mounted the Hoist Hanger product on their automotive lifts, and are using them to perform all the methods of certain claims of the Patents in Suit. Plaintiff is further informed and believes and based thereon alleges that the mounted Hoist Hanger product at the Sonic service centers meets all the claim elements of certain apparatus claims of the Patents in Suit. FIRST CAUSE OF ACTION (Infringement of the 610 Patent against Sonic) 22. 23. Plaintiff incorporates by reference the allegations contained in Plaintiff is the owner of the 610 Patent for an apparatus for supporting paragraphs 1 thru 21 as if fully set forth herein. vehicle wheels that have been temporarily removed from a vehicle disposed on a lift or hoist, issued on August 12, 2003. This patent is presumed valid and enforceable under 35 U.S.C. 282. A copy of the above described 610 patent is attached to this Complaint and identified as Exhibit A. 24. Plaintiff is the owner of the 610 patent and possesses the sole right
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and obligation to assert and enforce infringement claims against alleged infringers. 25. lift or hoist. 26. Defendant Sonics past, present and future use of the Hoist Hanger product as described above, constitutes a direct infringement of Plaintiffs 610 patent under the U.S. patent laws. 35 U.S.C. 271(a). 27. 28. Plaintiff is informed and believes and based thereon alleges that Plaintiff is entitled to a full range of injunctive and monetary relief and Defendant Sonics acts of infringement have been willful. remedies under the U.S. patent laws. 35 U.S.C. 281 et seq. SECOND CAUSE OF ACTION (Infringement of the 897 Patent against Sonic) 29. 30. Plaintiff incorporates by reference the allegations contained in Plaintiff is the owner of the 897 Patent for a method for temporarily paragraphs 1 thru 28 as if fully set forth herein. retaining a vehicle wheel, issued on January 27, 2004. This patent is presumed valid and enforceable under 35 U.S.C. 282. A copy of the above described 897 patent is attached to this Complaint and identified as Exhibit B. 31. 32. Plaintiff is the owner of the 897 patent and possesses the sole right Defendant Sonics past, present and future use of the Hoist Hanger and obligation to assert and enforce infringement claims against alleged infringers. product as described above, constitutes a direct infringement of Plaintiffs 897 patent under the U.S. patent laws. 35 U.S.C. 271(a). 33. 34. Plaintiff is informed and believes and based thereon alleges that Plaintiff is entitled to a full range of injunctive and monetary relief and
8

The 610 patent, in general, relates to an apparatus for supporting

vehicle wheels that have been temporarily removed from a vehicle disposed on a

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Attorneys at Law

Defendant Sonics acts of infringement have been willful.

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remedies under the U.S. patent laws. 35 U.S.C. 281 et seq. THIRD CAUSE OF ACTION (Contributory and Induced Infringement of the 610 Patent against Hoist Hanger and Pacific Lift) 35. 36. Plaintiff incorporates by reference the allegations contained in As set forth above, Sonic has directly infringed the 610 Patent, and paragraphs 1 thru 34 as if fully set forth herein. Hoist Hanger is aware of the 610 Patent. Defendant Hoist Hanger has contributed to infringement of the 610 Patent by Sonic and others and continues to contribute to such infringement by shipping its Hoist Hanger product into the United States, which is only adapted to be used as part of the claimed apparatus of the 610 Patent. Hoist Hanger intended that Sonic and others directly infringe the patents in suit, as described above. 37. Defendant Hoist Hanger has induced others to infringe and continues to induce Sonic and others to infringe the 610 Patent by actively and knowingly aiding and abetting direct infringement of the 610 Patent by Sonic and others, as described above. In particular, Hoist Hangers website has numerous photos and a video that show users how to mount the Hoist Hanger product on an automotive hoist, with the resulting apparatus meeting all the elements of certain claims of the 610 Patent. 38. Plaintiff is informed and believes that Defendant Hoist Hanger knew of the 610 Patent, and further knew that its actions would induce Sonic and others to mount the Hoist Hanger product such that the resulting apparatus met all the claim elements of certain claims of the 610 Patent, thereby resulting in its infringement. 39. On information and belief, Defendant Pacific Lift is aware of the 610 Patent, has sold Hoist Hanger products to third parties, which third parties have
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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

have directly infringed the 610 Patent. Defendant Pacific Lift has contributed to infringement of the 610 Patent by these third parties and continues to contribute to such infringement by selling the Hoist Hanger product, which is only adapted to be used as part of the claimed apparatus of the 610 Patent. Pacific Lift intended that third parties would directly infringe the Patents in Suit, as described above. 40. Defendant Pacific Lift has induced others to infringe and continues to induce others to infringe the 610 Patent by actively and knowingly aiding and abetting direct infringement of the 610 Patent by third parties, as described above. In particular, Pacific Lifts website has a large HOIST HANGER emblem, a statement that it is an authorized dealer, and a hotlink to Hoist Hangers website, which has numerous photos and a video that show users how to mount the Hoist Hanger product on an automotive hoist, with the resulting apparatus meeting all the elements of certain claims of the 610 Patent. 41. Plaintiff is informed and believes that Defendant Pacific Lift knew of the 610 Patent, and further knew that its actions would induce others to mount the Hoist Hanger product such that the resulting apparatus met all the claim elements of certain claims of the 610 Patent, thereby resulting in its infringement. 42. Plaintiff has been and will continue to be injured as a result of Defendant Hoist Hangers and Defendant Pacific Lifts infringement. FIFTH CAUSE OF ACTION (Contributory and Induced Infringement of the 897 Patent against Hoist Hanger and Pacific Lift) 43. 44. Plaintiff incorporates by reference the allegations contained in Given the facts set forth above, Sonic has directly infringed the 897 paragraphs 1 thru 42 as if fully set forth herein. Patent, and Defendant Hoist Hanger is aware of the 897 Patent. Defendant Hoist Hanger has contributed to infringement of the 897 Patent by others and continues
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Attorneys at Law

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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

to contribute to such infringement by shipping its Hoist Hanger product into the United States, which is only adapted to be used in the patented processes of the 897 Patent, and Hoist Hanger intended that Sonic and others would directly infringe the Patents in Suit, as described above. 45. Defendant Hoist Hanger has induced Sonic and others to infringe and continues to induce others to infringe the 897 Patent by actively and knowingly aiding and abetting direct infringement of the 897 Patent by Sonic and others, as described above. In particular, Hoist Hangers website instructs third parties how to use the Hoist Hanger product in a manner that infringes the 897 Patent. 46. Plaintiff is informed and believes that Defendant Hoist Hanger knew of the 897 Patent, and further knew that its actions would induce Sonic and others to perform the steps of the methods of the 897 Patent, and those steps were actually performed. 47. On information and belief, Defendant Pacific Lift has offered to sell and sold Hoist Hanger products to third parties, who have directly infringed the 897 Patent. On information and belief, Defendant Pacific Lift is aware of the 897 Patent. Defendant Pacific Lift has contributed to infringement of the 897 Patent by others and continues to contribute to such infringement by selling the Hoist Hanger product, which is only adapted to be used in the patented processes of the 897 Patent, and Pacific Lift intended that others directly infringe the Patents in Suit, as described above. 48. Defendant Pacific Lift has induced others to infringe and continues to induce others to infringe the 897 Patent by actively and knowingly aiding and abetting direct infringement of the 897 Patent by third parties, as described above. In particular, Pacific Lifts website has a large HOIST HANGER logo, a statement that it is an authorized dealer, and directs visitors to Hoist Hangers website, hoisthanger.com, which instructs third parties how to use the Hoist Hanger product in a manner that infringes the 897 Patent.
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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

49.

Plaintiff is informed and believes that Defendants Hoist Hanger and

Pacific Lift knew of the 897 Patent, and further knew that their actions would induce Sonic and others to perform the steps of the methods of the 897 Patent, and those steps were actually performed. 50. Plaintiff has been and will continue to be injured as a result of Defendant Hoist Hangers and Defendant Pacific Lifts infringement. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that this Court enter judgment as follows: A. B. That Defendants, and each of them, be adjudged to have infringed each That Defendants, their officers, agents, servants, employees and with them, be of the 610 Patent and 897 Patent; attorneys, and those persons in active concert or participation infringing the 610 Patent and the 897 Patent; C. That Defendants account for damages to Plaintiff by virtue of Defendants infringement, contributory infringement and/or inducement of infringement of the 610 Patent and the 897 Patent; D. That judgment be entered against Defendants awarding Plaintiff all damages, in such amounts as are proved at trial, and in no event in an amount less than a reasonably royalty, resulting from Defendants infringement, contributory infringement and/or inducement of infringement of the 610 Patent and the 897 Patent, pursuant to 35 U.S.C. 284; E. That Defendants be adjudged to have willfully and deliberately infringed, contributorally infringed and induced infringement of the 610 Patent and the 897 Patent; F. That the present case be judged an exceptional case within the meaning of 35 U.S.C. 285 and that Plaintiff be awarded its reasonable attorneys
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preliminary and permanently restrained and enjoined from directly or indirectly

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fees and costs pursuant thereto; G. That Plaintiff be awarded damages in an amount equal to three times the amount of damages found or accessed, to compensate Plaintiff for the willful and deliberate acts of infringement by Defendants, pursuant to 35 U.S.C. 284; and H. That Plaintiff has such other and further relief as the Court may deem just and proper.

Respectfully submitted, CISLO & THOMAS LLP

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CISLO & THOMAS LLP

Dated: March 20, 2014

By:

Attorneys at Law

/s/ Peter S. Verege Daniel M. Cislo Peter S. Veregge Attorneys for Plaintiff, THE TIRE HANGER CORPORATION

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SUITE 500 1333 2 nd Street SANTA MONICA, CALIFORNIA 90401-4110 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 www.cislo.com

DEMAND FOR JURY TRIAL Plaintiff The Tire Hanger Corporation hereby demands a trial by jury. Respectfully submitted, CISLO & THOMAS LLP

Dated: March 20, 2014

By:

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/s/ Peter S. Veregge Daniel M. Cislo Peter S. Veregge Attorneys for Plaintiff, THE TIRE HANGER CORPORATION

CISLO & THOMAS LLP

Attorneys at Law