Metrotile Mfg. v. Metstar - Complaint

Case 2:15-cv-01305 Document 1 Filed 02/24/15 Page 1 of 9 Page ID #:1
1 Bruce B. Brunda (SBN 108,898)

STETINA BRUNDA GARRED & BRUCKER
2
75 Enterprise, Suite 250
3 Aliso Viejo, CA 92656
Email: litigate@stetinalaw.com
4 Tel: (949) 855-1246
5 Fax: (949) 855-6371
6 Attorney for Plaintiff
METROTILE MANUFACTURING d/b/a
7 METRO ROOF PRODUCT
8
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371
75 ENTERPRISE, SUITE 250
ALISO VIEJO, CALIFORNIA 92656
9
10
IN THE UNITED STATES DISTRICT COURT
11
FOR THE CENTRAL DISTRICT OF CALIFORNIA
12
13 METROTILE MANUFACTURING, a
California general partnership d/b/a
14 METRO ROOF PRODUCTS,
15
Plaintiff
16
Case No.
COMPLAINT FOR PATENT
INFRINGEMENT OF U.S.
PATENT NOS:
1.
2.
17 vs.
18 METSTAR USA, INC, a Delaware
19 Corporation; METSTAR BUILDING
PRODUCTS, INC., a Canadian corporation,
20 and VINCE GUERRA, Individual, and
21 DOES 1-10, inclusive
22
D526,727; AND
D527,835
DEMAND FOR JURY TRIAL
Defendants
23
24
25
COMPLAINT
Plaintiff, Metrotile Manufacturing d/b/a Metro Roof Products for its Complaint
26 against Metstar USA, Inc, and Vince Guerra, states and alleges as follows:
27
28
Case No.
1
COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NOS:
PARTIES
1.
Plaintiff,
Metrotile
Manufacturing
d/b/a
Metro
Roof
Products
3 (hereinafter Metrotile or Plaintiff) is a general partnership organized and existing

4 under the laws of the State of California, and having a principal place of business at
5 3093 A Industry Street, Oceanside, California 92054. The partners of Metrotile
6 include Structure Solutions, LLP, a California limited liability partnership, and
7 Probuild Capital Group LLC, a California limited liability corporation.
8
2.
Upon information and belief Defendant Metstar USA, Inc. (hereinafter
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371
10 International Drive, Suite 100, Buffalo, New York 14221.

9 Metstar USA), is a Delaware corporation having a place of business at 300

11
3.
Upon information and belief Defendant Metstar Building Products, Inc.
12 (hereinafter Metstar Canada), is a Canadian corporation having a place of business

13 at 340 Main Street East, Hamilton, Ontario Canada L8N1J1.
14
4.
Upon information and belief, Defendant Vince Guerra (hereinafter
15 Guerra) is a Canadian citizen, residing in the Province of Ontario Canada.

16
5.
Upon information and belief, Guerra is the primary owner of Metstar
6.
Upon information and belief, Guerra is the principal officer of Metstar
7.
Upon information and belief, Guerra directs and controls the operations
17 USA.
18
19 USA.
20
21 of Metstar USA.
22
8.
Upon information and belief, Guerra is the primary owner of Metstar
23 Canada.
24
9.
Upon information and belief, Guerra is the principal officer of Metstar
25 Canada.
26
10.
Upon information and belief, Guerra directs and controls the operations
27 of Metstar Canada.
28
11.
The true names and capacities of the Defendants named herein as DOES
Case No.
2
1 1 through 10, whether individual, corporate, associate, or otherwise, are unknown to

2 Plaintiff, who therefore sues said Defendants by said fictitious names. Plaintiff is
3 informed and believes, and thereon alleges, that each of the Defendants designated
4 herein as DOE is legally responsible for the events and happenings hereinafter
5 alleged and legally caused injury and damages proximately thereby to Plaintiff as
6 herein alleged. Plaintiff will seek leave to amend the Complaint when the true names
7 and capacities of said DOE Defendants have been ascertained. Metstar USA, Metstar
8 Canada, Guerra and DOES 1 through 10 are hereinafter collectively referred to as
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371
10
9 Defendants or Metstar Group.

11
BACKGROUND OF THE CONTROVERSY

1.
Plaintiff is the owner of United States Design Patent Nos. D526,727 and
12 D527,835 has the right to sue for infringement of United States Letters. Copies of
13 such patents are attached hereto as Exhibits 1-2, respectively.
14
2.
Upon information and belief, Defendants have been making, selling,
15 importing and/or offering for sale the products identified as Davinci FV, and Tile
16 FR.
copy
of
Metstar
Groups
webpage
(www.metstar.com)
17 advertisement/brochure illustrating Defendants products (hereinafter the Accused

18 Products) is attached hereto as Exhibit 3. The Accused Products infringe Plaintiffs
19 Patent Nos. D526,727 and D527,835.
20
3.
Upon information and belief, Metstar Canada promotes, markets,
21 imports, and sells metal roofing products in the United States.

22
4.
Upon information and belief, Metstar USA promotes, markets, imports,
23 and sells metal roofing products, including the Accused Products, in the United
24 States.
25
5.
Upon information and belief, Metstar Canada imports metal roofing
26 products, including the Accused Products, into the United States, through a shipping
27 terminal located in this district, for sale in the United States, including this judicial
28 district.
Case No.
3
6.
Upon information and belief, Metstar USA imports metal roofing
2 products, including the Accused Products, into the United States, through a shipping
3 terminal located in this district, for sale in the United States, including this judicial
4 district.
5
7.
Upon information and belief, Defendants Metstar USA and Metstar
6 Canada promote metal roofing products, including the Accused Products at

7 tradeshows, including the International Roofing Expo in New Orleans, currently
8 being held on February 24, 2015 February 26, 2015.
8.
Upon information and belief, Defendants Metstar USA and Metstar
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371
10 Canada market, and has offered to sell metal roofing products, including the Accused
11 Products, to customers within the state of California and within this judicial District.
12
9.
Upon information and belief Defendant Guerra, in cooperation with
13 Metstar USA andor Metstar Canada, operates the following the domain names
14 www.metstar.com and www.metalbythebundle.com (hereinafter the Websites).
15
10.
Upon information and belief, each of the Defendants participated in and
16 is in some manner responsible for the acts described in this Complaint and the
17 damage resulting therefrom.
18
11.
Upon information and belief, Defendants have acted in concert and
19 participation with each other concerning each of the claims in this Complaint.
20
12.
Upon information and belief, Defendants concerted actions and
21 participation concerning these claims constitutes a conspiracy to unfairly compete

22 with Metrotile and to violate Metrotiles rights as alleged herein.
23
13.
Metrotile is informed and believes, and on that basis alleges, that each of
24 the Defendants were empowered to act as the agent, servant and/or employees of each
25 of the other Defendants, and that all the acts alleged to have been done by each of
26 them were authorized, approved and/or ratified by each of the other Defendants.
27
28
JURISDICTION AND VENUE

14.
This action, as hereinafter more fully appears, arises under the patent
Case No.
4
1 laws of the United States of America (35 U.S.C. 1 et seq.), and is for patent
2 infringement. Jurisdiction for all counts is based upon 28 U.S.C. 1331, 1338(a)
3 and (b).
4
15.
Venue is proper under 28 U.S.C. 1391(b) and (c) as Defendants have
5 committed acts of infringement in this judicial district. With respect to Defendants

6 Metstar Canada and Guerra, venue is also proper under 28 U.S.C. 1391(d), as
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371
7 Defendants Metstar Canada and Guerra are aliens.

8
FIRST CLAIM FOR RELIEF
(Patent Infringement of U.S. Design Patent No. D526,727)
10
16.
Plaintiff realleges and repeats the allegations of paragraphs 1-10 above.
11
17.
Plaintiff is the owner of all right, title and interest in and to United States
12 Design Patent No. D526,727 entitled Metal Roof Tile (hereinafter the 727
13 patent). A true and correct copy of the 727 patent is attached hereto as Exhibit 1.
14 The 727 patent was duly and lawfully issued on August 15, 2006 and is presently
15 valid and in full effect.
16
18.
Upon information and belief, Defendants have been and are
17 infringement the 727 patent within the United States and within this district by
18 importing, distributing, selling, and/or offering for sale products, including products
19 identified as DaVinci FV that infringe the 727 patent.
20
19.
Upon information and belief, Defendants are indirectly infringing the
21 727 patent within the United States and within this by importing, distributing, selling
22 and/or offering for sale in the United States materials and/or apparatus, the use of
23 which infringes the invention set forth in the 727 patent. Upon information and
24 belief, these materials and/or apparatus have no substantial non-infringement use in
25 commerce.
26
20.
Upon information and belief, Defendants are inducing infringement of
27 the 727 patent within the United States and within this district by instructing in the
28 use of materials and/or apparatus that infringe one or more of the claims of the 727
Case No.
5
1 patent.
2
21.
Upon information and belief, by the acts of patent infringement herein
3 complained of, the Defendants have made substantial profits to which they are not
4 equitably entitled.
5
22.
By reason of the aforementioned acts of the Defendants, the Plaintiff has
6 suffered great detriment, but which cannot be quantified at this time.

7
23.
Upon information and belief, Defendants continue to infringe Plaintiffs
8 727 patent, and will continue to infringe Plaintiffs 727 patent, and will continue to
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371
10 Court.
9 infringe Plaintiffs 727 patent to Plaintiffs irreparable harm, unless enjoined by this
11
24.
Any continuing infringement of the 727 patent by Defendants after
12 receiving notice of the 727 patent will be willful, entitling Plaintiff to enhanced
13 damages.
14
SECOND CLAIM FOR RELIEF
15
(Patent Infringement of U.S. Design Patent No. D527,835)
16
25.
Plaintiff realleges and repeats the allegations of paragraphs 1-19 herein.
17
26.
Plaintiff is the exclusive licensee with the right to sue for infringement
18 of United States Patent Design No. D527,835 entitled Metal Roof Tile (hereinafter
19 the 835 patent). A true and correct copy of the 835 patent is attached hereto as
20 Exhibit 2. The 835 patent was duly and lawfully issued on September 5, 2006, and
21 is presently valid and in full effect.
22
27.
Upon information and belief, Defendants have been and are infringing
23 the 835 patent within the United States and
within this district by importing,
24 distributing, selling, and/or offering for sale products, including products identified as
25 Tile FR that infringe the 835 patent.
26
28.
Upon information and belief, Defendants are indirectly infringing the
27 835 patent within this district and elsewhere in the United States by importing,
28 distributing, selling and/or offering for sale in the United States materials and/or
Case No.
6
1 apparatus, the use of which infringes the invention set forth in the 835 patent. Upon
2 information and belief, these materials and/or apparatus have no substantial non3 infringing use in commerce.
4
29.
Upon information and belief, Defendants are inducing infringement of
5 the 835 patent within the United States and within this district by instructing in the
6 use of materials and/or apparatus that infringe one or more of the claims of the 835
7 patent.
8
30.
Upon information and belief, by the acts of patent infringement herein
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371
10 equitably entitled.
9 complained of, the Defendants have made substantial profits to which they are not
11
31.
By reason of the aforementioned acts of the Defendants, the Plaintiff has
12 suffered great detriment, but which cannot be quantified at this time.

13
32.
Upon information and belief, Defendants continue to infringe Plaintiffs
14 835 patent, and will continue to infringe Plaintiffs 835 patent to Plaintiffs
15 irreparable harm, unless enjoined by this Court.
16
33.
Any continuing infringement of the 835 patent by Defendants after
17 receiving notice of the 835 patent will be willful, entitling Plaintiff to enhanced
18 damages.
19
PRAYER FOR RELIEF
20
WHEREFORE, Plaintiff prays for judgment against the Defendants as follows:
21
A.
A judgment that Defendants have infringed, indirectly infringed, and/or
22 induced infringement of the patents in suit.

23
B.
A judgment that Defendants infringement of the patents in suit has been
24 willful.
25
C.
A preliminary and permanent injunction, pursuant to 35 U.S.C. 283,
26 enjoining Defendants, and all persons in active concert or participation with them,
27 from any further acts of direct infringement, indirect infringement or inducement of
28 infringement of the patents in suit.
Case No.
7
D.
An order, pursuant to 35 U.S.C. 284, awarding Plaintiff damages
2 adequate to compensate Plaintiff for Defendants infringement of the patents in suit,

3 in an amount to be determined at trial, but in no event less than a reasonable royalty.
4
E.
An order, pursuant to 35 U.S.C. 284, trebling all damages awarded to
5 Plaintiff based on Defendants willful infringement of the patents-in-suit.

6
F.
An order, pursuant to 35 U.S.C. 285, finding that this is an exceptional
7 case and awarding to Plaintiff its reasonable attorneys fees incurred in this action.
8
G.
That Plaintiff have such other and further relief that the court may deem
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371
10
9 just and proper.

11 Dated: February 24, 2015
12
13
14
15
16
By: /s/Bruce B. Brunda

Bruce B. Brunda
Attorneys for Plaintiff
METRO ROOF PRODUCTS
17
18
19
20
21
22
23
24
25
26
27
28
Case No.
8
1
2
DEMAND FOR JURY TRIAL

Plaintiff, Metrotile Manufacturing d/b/a Metro Roof Products hereby demands
3 a jury trial in this action.

4
5
Dated: February 24, 2015
6
7
8
PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371
10
By: /s/Bruce B. Brunda

Bruce B. Brunda
Attorneys for Plaintiff
METRO ROOF PRODUCTS
11
12
T:\Client Documents\MROOF\026L\complaint-patent infringement.doc
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No.
9
Case 2:15-cv-01305 Document 1-1 Filed 02/24/15 Page 1 of 6 Page ID #:10
EXHIBIT 1
Exhibit 1 Page 1 of 5
EXHIBIT 2
EXHIBIT 3
Tile FR
Red
Tile FR
System 1
Batten
Strapping
Spec
Shake
FW
Brown
Shake FW
System 1
Batten
Strapping
OR
System 2
Built-in
Batten
Slate FD
Sand
Slate FD
System 1
Spec
Batten
Strapping
OR
System 2
Built-in
Batten
DaVinci FV
Tuscany
DaVinci FV
Spec
System 2
Built-in
Batten
Tile 2 FZ
Green
Tile 2 FZ
System 1
Batten
Strapping
Spec
System 1
Batten
Strapping
AND
System 2
Built-in
Batten
System 2
Built-in
Batten
System 1
Batten
Strapping

Metrotile Mfg. v. Metstar - Complaint

Caricato da

Informazioni sul documento

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Metrotile Mfg. v. Metstar - Complaint

Caricato da

Copyright:

Formati disponibili

Case 2:15-cv-01305 Document 1 Filed 02/24/15 Page 1 of 9 Page ID #:1

1 Bruce B. Brunda (SBN 108,898)

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

75 ENTERPRISE, SUITE 250

ALISO VIEJO, CALIFORNIA 92656

STETINA BRUNDA GARRED & BRUCKER

IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

DEMAND FOR JURY TRIAL

Case 2:15-cv-01305 Document 1 Filed 02/24/15 Page 2 of 9 Page ID #:2

3 (hereinafter Metrotile or Plaintiff) is a general partnership organized and existing

Upon information and belief Defendant Metstar USA, Inc. (hereinafter

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

75 ENTERPRISE, SUITE 250

10 International Drive, Suite 100, Buffalo, New York 14221.

STETINA BRUNDA GARRED & BRUCKER

9 Metstar USA), is a Delaware corporation having a place of business at 300

Upon information and belief Defendant Metstar Building Products, Inc.

12 (hereinafter Metstar Canada), is a Canadian corporation having a place of business

Upon information and belief, Defendant Vince Guerra (hereinafter

15 Guerra) is a Canadian citizen, residing in the Province of Ontario Canada.

Upon information and belief, Guerra is the primary owner of Metstar

Upon information and belief, Guerra is the principal officer of Metstar

Upon information and belief, Guerra is the primary owner of Metstar

Upon information and belief, Guerra is the principal officer of Metstar

Case 2:15-cv-01305 Document 1 Filed 02/24/15 Page 3 of 9 Page ID #:3

1 1 through 10, whether individual, corporate, associate, or otherwise, are unknown to

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

75 ENTERPRISE, SUITE 250

STETINA BRUNDA GARRED & BRUCKER

9 Defendants or Metstar Group.

BACKGROUND OF THE CONTROVERSY

Upon information and belief, Defendants have been making, selling,

17 advertisement/brochure illustrating Defendants products (hereinafter the Accused

Upon information and belief, Metstar Canada promotes, markets,

21 imports, and sells metal roofing products in the United States.

Upon information and belief, Metstar USA promotes, markets, imports,

Upon information and belief, Metstar Canada imports metal roofing

Case 2:15-cv-01305 Document 1 Filed 02/24/15 Page 4 of 9 Page ID #:4

Upon information and belief, Metstar USA imports metal roofing

Upon information and belief, Defendants Metstar USA and Metstar

6 Canada promote metal roofing products, including the Accused Products at

Upon information and belief, Defendants Metstar USA and Metstar

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

75 ENTERPRISE, SUITE 250

STETINA BRUNDA GARRED & BRUCKER

Upon information and belief Defendant Guerra, in cooperation with

Upon information and belief, each of the Defendants participated in and

Upon information and belief, Defendants have acted in concert and

Upon information and belief, Defendants concerted actions and

21 participation concerning these claims constitutes a conspiracy to unfairly compete

JURISDICTION AND VENUE

Case 2:15-cv-01305 Document 1 Filed 02/24/15 Page 5 of 9 Page ID #:5

Venue is proper under 28 U.S.C. 1391(b) and (c) as Defendants have

5 committed acts of infringement in this judicial district. With respect to Defendants

PHONE: (949) 855-1246; FACSIMIL E: (949) 855-6371

75 ENTERPRISE, SUITE 250

ALISO VIEJO, CALIFORNIA 92656

STETINA BRUNDA GARRED & BRUCKER

7 Defendants Metstar Canada and Guerra are aliens.

FIRST CLAIM FOR RELIEF

(Patent Infringement of U.S. Design Patent No. D526,727)

Plaintiff realleges and repeats the allegations of paragraphs 1-10 above.

Upon information and belief, Defendants have been and are