Eagle Eyes Traffic Industry v. DNA Motor - Complaint

Case 2:17-cv-06710 Document 1 Filed 09/12/17 Page 1 of 15 Page ID #:1
1
Alexander Chen [SBN 245798]
2 William Walz [SBN 136995]
3 Theodore Lee [SBN 281475]
INHOUSE CO. LAW FIRM
4 7700 Irvine Center Dr., Suite 800
Irvine, California 92618
5 Telephone: (714) 932-6659
Facsimile: (714) 882-7770
6
7
Attorneys for Plaintiff,
8 Eagle Eyes Traffic Industry USA Holding LLC
9
10
UNITED STATES DISTRICT COURT
11
12 CENTRAL DISTRICT OF CALIFORNIA
13 WESTERN DIVISION
14
15 )
EAGLE EYES TRAFFIC INDUSTRY ) Case No.:
16 USA HOLDING, a Nevada Limited )
Liability Corporation, )
17 )
) COMPLAINT FOR PATENT
18 Plaintiff, ) INFRINGEMENT
19 )
) DEMAND FOR JURY TRIAL
vs. )
20
)
21 DNA MOTOR Inc., a California
)
Corporation, )
22 )
Defendant. )
23 )
)
24 )
25 //
26 //
27 //
28
COMPLAINT - 1 -
1 Plaintiff Eagle Eyes Traffic Industry USA Holding LLC (Eagle Eyes) presents the following
2 allegations and facts in support of this Complaint and demands a jury trial on all causes of action stated
3 herein against the named Defendant as follows:
4 JURISDICTION AND VENUE
5 1. This is a civil action for infringement of a patent, arising under the laws of the United
6 States relating to patents, , including, without limitation, 35 U.S.C. 101, et seq., 35 U.S.C. 271 and
7 281. Plaintiffs seek preliminary and permanent injunctions and monetary damages for patent
8 infringement.
9 2. This Court has subject matter jurisdiction over this case for patent infringement under 28
10 U.S.C. 1331 and 1338(a) and pursuant to the patent laws of the United States of America, 35 U.S.C.
11 101, et seq.
12 3. Venue properly lies within the Central District of California pursuant to 28 U.S.C.
13 sections 1391(b) and (c); 28 U.S.C. section 1400(a); and 18 U.S.C. section 1965. On information and
14 belief, Defendant conducts substantial business directly and through third parties or agents in this
15 judicial district by selling and offering to sell the infringing products and by conducting other business
16 in this judicial district. Furthermore, Plaintiffs have been harmed by Defendants conduct, business
17 transactions and sales in this district.
18 4. This Court has personal jurisdiction over Defendant because, on information and belief,
19 Defendant transacts continuous and systematic business within the State of California and the Central
20 District of California. In addition, this Court has personal jurisdiction over the Defendant because, on
21 information and belief, this lawsuit arises out of Defendants infringing activities, including, without
22 limitation, the making, using, selling and/or offering to sell infringing products in the State of California
23 and the Central District of California. Finally, this Court has personal jurisdiction over Defendant
24 because, on information and belief, Defendant has made, used, sold and/or offered for sale its infringing
25 products and placed such infringing products in the stream of interstate commerce with the expectation
26 that such infringing products would be made, used, sold and/or offered for sale within the State of
27 California and the Central District of California.
28
COMPLAINT - 2 -
1 5. Upon information and belief, certain of the products manufactured by or for Defendant
2 have been and/or are currently sold and/or offered for sale to consumers including, but not limited to,
3 consumers located within the State of California at, among other places, Amazon.Coms website located
4 at http://www.amazon.com and Ebay.coms website located at https://www.ebay.com.
5 PARTIES
6 6. Plaintiff Eagle Eyes Traffic is a Nevada limited liability company having its principal
7 place of business at 7260 West Azure Drive, Suite 140, Las Vegas Nevada 89130.
8 7. Defendant DNA Motor, Inc. is a corporation registered and existing under the laws of the
9 State of California, with an office and principal place of business located at 801 Sentous Avenue, City of
10 Industry, California 91748.
11 THE ACCUSED PRODUCTS
12 8. The Defendants accused products for purposes of the asserted patents include the
13 Defendants projection headlights incorporating the patented designs. (the Patented Design.)
14 9. Defendant provides informational materials that shows their use of the Patented Design in
15 its headlights on its distributor website located at http://www.speed-daddy.com.
16 10. Plaintiff believes and thereupon alleges that Defendant is aware that its customers and
17 end-users are using the accused products in an infringing manner based on comments and discussions
18 posted on its website and other public websites where Defendants authorized agents, customers and
19 end-users discuss and disclose the use of the accused products.
20
21 THE ASSERTED PATENTS
22 11. On September 3, 2013, the United States Patent and Trademark office, duly and legally
23 issued United States Design Patent No. D689,223, entitled Exterior Surface Configuration of a
24 Vehicular Headlight (the 223 Patent). The patents named inventor is Lai Ching-Tsung, and Plaintiff
25 Eagle Eyes is assignee and owner of the entire right, title, and interest in and to the 223 patent and
26 vested with the right to bring this suit for damages and other relief. A true and correct copy of the 223
27 Patent is attached hereto as Exhibit A.
28
COMPLAINT - 3 -
2 issued United States Design Patent No. D690,040, entitled Exterior Surface Configuration of a
3 Vehicular Headlight (the 040 patent). The patents named inventor is Ching-Tsung Lai, and Plaintiff
4 Eagle Eyes is assignee and owner of the entire right, title, and interest in and to the 040 Patent and
5 vested with the right to bring this suit for damages and other relief. A true and correct copy of the 040
6 Patent is attached hereto as Exhibit B.
8 issued United States Design Patent No. D706,967, entitled Light Guide Bar For Vehicle Lamp (the
9 967 patent). The patents named inventor is Ching-Tsung Lai, and Plaintiff Eagle Eyes is assignee and
10 owner of the entire right, title, and interest in and to the 967 Patent and vested with the right to bring
11 this suit for damages and other relief. A true and correct copy of the 967 Patent is attached hereto as
12 Exhibit C.
13 COUNT ONE
14 INFRINGEMENT OF THE 223 PATENT BY DEFENDANT
15 14. Plaintiff re-alleges and incorporates by reference each of the allegations set forth in
16 paragraphs 1 through 13 above.
17 15. Design Patent 223 has one single claim directed to the ornamental design for an exterior
18 surface configuration of a vehicular headlight as shown below:
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COMPLAINT - 4 -
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9 16. Defendant has knowledge of infringement of the 223 Patent since at least the filing of
10 this complaint.
11 17. Defendant DNA Motor Inc. copied the design of the F-150 3D Halo Projector Headlights
12
from the headlight design of the 223 Patent. A side-by-side comparison of the 223 patented design and
13
an exemplary specimen of Defendant DNA Motor Inc.s 3D Halo Projector Headlight is shown below,
14
15 the photograph of the exemplary Defendant DNA Motor Inc. headlight being taken from its Amazon
16 product listing:
17
18
D689,223 DNA Motor Inc.
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25 18. As shown in the pictures, the headlight design of the F-150 3D Halo Projector Headlights
26 is the same or substantially the same as the headlight design of the 223 Patent. The headlight designs
27 are so similar as to be nearly identical such that an ordinary observer, giving such attention as a
28
COMPLAINT - 5 -
purchaser usually gives, would be so deceived by the substantial similarity between the designs so as to
1
2 be induced to purchase Defendant DNA Motor Inc.s products believing them to be substantially the
3 same as the headlight design protected by the 223 Patent.

4 19. Plaintiff has not granted a license or any other authorization to Defendant DNA Motor
5
Inc. to make use, offer for sale, sell or import headlights that embody the headlight design patented in
6
the 223 Patent and which is proprietary to Plaintiff.
7
8 20. Plaintiff alleges upon information and belief that, without authority, Defendant has
9 infringed and continues to infringe the 223 Patent by, inter alia, making, using, offering to sell, or
10 selling in the United States, including in the State of California and within this District, products
11
infringing the ornamental design covered by the 223 Patent in violation of 35 U.S.C. 271, including
12
but not limited to Defendant DNA Motor Inc.s 3D Halo Projector headlights for the Ford F-150 pickup
13
14 truck.
15 21. Defendant DNA Motor Inc.s headlight design infringes the 223 Patent because, inter
16 alia, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, the headlight
17
design of the 223 Patent and the headlight designs of Defendant DNA Motor Inc.s products, including
18
without limitation, the headlight designs of the Ford F-150 3D Halo Projector products are substantially
19
20 the same, the resemblance being such as to deceive such an ordinary observer, inducing him to purchase
21 one supposing it to be the other.
22 22. Defendant DNA Motor Inc.s acts of infringement of the 223 Patent were undertaken
23
without authority, permission or license from Plaintiff. Defendant DNA Motor Inc.s infringing
24
activities described herein violate 35 U.S.C. 271.
25
23. Plaintiff is informed and believes that Defendant intentionally sells, ships or otherwise
26
27 delivers the accused products in the United States, with knowledge that are designed to and do practice
28 the infringing features of the 223 Patent.
COMPLAINT - 6 -
24. Plaintiff is without an adequate remedy at law and has thus been irreparably harmed by
1
2 these acts of infringement. Plaintiff asserts upon information and belief that infringement of the asserted
3 claims of the 223 Patent is continuous and ongoing unless and until Defendant is enjoined from further
4 infringement by the Court.
5
COUNT TWO
6
INFRINGEMENT OF THE 040 PATENT BY DEFENDANT
7
8 25. Plaintiff re-alleges and incorporates by reference each of the allegations set forth in
9 paragraphs 1 through 24 above.

11
this complaint.
12
27. Design Patent 040 has one single claim directed to the ornamental design for an exterior
13
14 surface configuration of a vehicular headlight as shown below:
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COMPLAINT - 7 -
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11 28. Defendant DNA Motor Inc. copied the design for its GMC Sierra U-Bar Halo Projector
12 Headlights from the headlight design of the 040 Patent. A side-by-side comparison of the 040 Patented
13
design and an exemplary specimen of Defendant DNA Motor Inc.s U-Bar Halo Projector Headlight is
14
shown below, with the photograph of the exemplary Defendant DNA Motor Inc. headlight being taken
15
16 from its Amazon product listing:
17 D690,040 DNA Motor Inc.

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COMPLAINT - 8 -
29. As depicted above, the headlight design of the Defendants GMC Sierra U-Bar Halo
1
2 Projector Headlight is the same or substantially the same as the headlight design of the Plaintiffs 040
3 Patent. The headlight designs are so similar as to be nearly identical such that an ordinary observer,
4 giving such attention as a purchaser usually gives, would be so deceived by the substantial similarity
5
between the designs so as to be induced to purchase Defendant DNA Motor Inc.s products believing
6
them to be substantially the same as the headlight design protected by the 040 Patent.
7
8 30. Plaintiff has not granted a license or any other authorization to Defendant DNA Motor
9 Inc. to make use, offer for sale, sell or import headlights that embody the headlight design patented in
10 the 040 Patent and which is proprietary to Plaintiff.
11
31. Plaintiff alleges upon information and belief that, without authority, Defendant has
12
infringed and continues to infringe the 040 patent by, inter alia, making, using, offering to sell, or
13
15 infringing the ornamental design covered by the 040 patent in violation of 35 U.S.C. 271, including
16 but not limited to Defendant DNA Motor Inc.s GMC Sierra U-Bar Halo Projector headlights.
17
32. Defendant DNA Motor Inc. infringes the 040 patent because, inter alia, in the eye of an
18
ordinary observer, giving such attention as a purchaser usually gives, the headlight design of the 040
19
20 patent and the headlight designs of Defendant DNA Motor Inc.s products including without limitation
21 the headlight designs of the GMC Sierra U-Bar Halo Projector products are substantially the same, the
22 resemblance being such as to deceive such an ordinary observer, inducing him to purchase one
23
supposing it to be the other.
24
33. Defendant DNA Motor Inc.s acts of infringement of the 040 patent were undertaken
25
without authority, permission or license from Plaintiff. Defendant DNA Motor Inc.s infringing
26
27 activities violate 35 U.S.C. 271.
28
COMPLAINT - 9 -
34. Plaintiff is informed and believes that Defendant intentionally sells, ships or otherwise
1
2 delivers the accused products in the United States, with knowledge that are designed to and do practice
3 the infringing features of the 040 Patent.

4 35. Plaintiff is without an adequate remedy at law and has thus been irreparably harmed by
5
these acts of infringement. Plaintiff asserts upon information and belief that infringement of the asserted
6
claims of the 040 Patent is continuous and ongoing unless and until Defendant is enjoined from further
7
8 infringement by the Court.
9 COUNT THREE
10 INFRINGEMENT OF THE 967 PATENT BY DEFENDANT
11
36. Plaintiff re-alleges and incorporates by reference each of the allegations set forth in
12
paragraphs 1 through 35 above.
13
15 this complaint.
16 38. Design Patent 967 has one single claim directed to the ornamental design for a light
17
guide bar for a vehicle lamp as shown below:
18
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COMPLAINT - 10 -
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39. Defendant DNA Motor Inc. copied the design of the U-Bar Light Guide Bar from the
14
15 design of the 967 Patent. A side-by-side comparison of the 967 patented design and an exemplary
16 specimen of Defendant DNA Motor Inc.s U-Bar Light Guide Bar is shown below, the photograph of
17 the exemplary Defendant DNA Motor Inc. headlight being taken from its Amazon product listing:
18
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COMPLAINT - 11 -
EE D706,967 DNA Motor Inc.

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40. As shown in the pictures, the Light Guide Bar of Defendant is the same or substantially
20
the same as the design of the 967 patent. The Light Guide Bar designs are so similar as to be nearly
21
identical such that an ordinary observer, giving such attention as a purchaser usually gives, would be so
22
deceived by the substantial similarity between the designs so as to be induced to purchase Defendant
23
DNA Motor Inc.s products believing them to be substantially the same as the Light Guide Bar protected
24
by the 967 Patent.
25
41. Plaintiff has not granted a license or any other authorization to Defendant DNA Motor
26
Inc. to make use of, offer for sale, sell or import headlights that embody the Light Guide Bar design
27
patented in the 967 Patent and which is proprietary to Plaintiff.
28
COMPLAINT - 12 -
1 42. Plaintiff alleges upon information and belief that, without authority, Defendant has
2 infringed and continues to infringe the 967 patent by, inter alia, making, using, offering to sell, or
4 infringing the ornamental design covered by the 967 Patent in violation of 35 U.S.C. 271, including
5 but not limited to Defendant DNA Motor Inc.s Light Guide Bar incorporated in its F-150 3D Halo
6 Projector Headlights.
7 43. Defendant DNA Motor Inc. infringes the 967 Patent because, inter alia, in the eye of an
8 ordinary observer, giving such attention as a purchaser usually gives, the headlight design of the 967
9 Patent and the headlight designs of Defendant DNA Motor Inc.s products including without limitation
10 the headlight designs of the GMC Sierra U-Bar Halo Projector products are substantially the same, the
11 resemblance being such as to deceive such an ordinary observer, inducing him to purchase one
12 supposing it to be the other
13 44. Defendant DNA Motor Inc.s acts of infringement of the 967 Patent were undertaken
14 without authority, permission or license from Plaintiff. Defendant DNA Motor Inc.s infringing
15 activities violate 35 U.S.C. 271.
16 45. Plaintiff is informed and believes that Defendant intentionally sells, ships or otherwise
17 delivers the accused products in the United States, which products which imitate and in fact infringe
18 upon the features of the 967 Patent.
19 46. Plaintiff is without an adequate remedy at law and has thus been irreparably harmed by
20 these acts of infringement. Plaintiff asserts upon information and belief that infringement of the asserted
21 claims of the 967 Patent is continuous and ongoing, and will continue to harm Plaintiff unless and until
22 Defendant is enjoined from further infringement by the Court.
23 //
24 //
25 //
26 //
27 PRAYER FOR RELIEF
28
COMPLAINT - 13 -
1 WHEREFORE, Plaintiff pray for relief and judgment as follows:

2 1. The determination that Defendant has infringed the Patents-in-Suit;
3 2. That Defendant, Defendants officers, agents, servants, employees, and attorneys, and
4 those persons in active concert or participation with them, be preliminarily and permanently enjoined
5 from infringement of the Patents-in-Suit, including but not limited to any making, using, offering for
6 sale, selling, or importing of unlicensed infringing products within and without the United States;
7 3. Compensation for all damages caused by Defendants infringement of the Patents-in-
8 Suit to be determined at trial;
9 4. A finding that this case is exceptional and an award of reasonable attorneys fees
10 pursuant to 35 U.S.C. 285;
11 5. Granting Plaintiffs pre-and post-judgment interest on its damages, together with all
12 costs and expenses; and,
13 6. Granting Plaintiff such other and further relief as the Court may deem just and proper.
14
15
DATED: September 12, 2017 INHOUSE CO. LAW FIRM
16
17
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19 By: ____________________________
Alexander Chen, Esq.
20 William Walz, Esq.
Theodore Lee, Esq.
21 Attorneys for Plaintiff
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COMPLAINT - 14 -
DEMAND FOR JURY TRIAL

1
2
3 Plaintiff hereby demands a trial by jury on all claims.
4
5
DATED: August 27, 2017 INHOUSE CO. LAW FIRM
6
7
8
9 By: ____________________________
Alexander Chen, Esq.
10 William Walz, Esq.
Theodore Lee, Esq.
11 Attorneys for Plaintiff
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COMPLAINT - 15 -
Case 2:17-cv-06710 Document 1-1 Filed 09/12/17 Page 1 of 5 Page ID #:16
USOOD69004OS
(12) United States Design Patent (10) Patent No.: US D690,040 S

Lai (45) Date of Patent: Sep. 17, 2013
(54) EXTERIOR SURFACE CONFIGURATION OF (56) References Cited
VEHICULAR HEADLIGHT
U.S. PATENT DOCUMENTS
(71) Applicant: Litek Enterprise Co., Ltd, Tainan (TW) D538,956 S * 3/2007 Ishii ............................... D26/28
D544,614 S * 6/2007 Markefka ...... ... D26, 28
D556,349 S * 1 1/2007 Golden et al. . ... D26, 28
(72) Inventor: Ching-Tsung Lai, Tainan (TW) D561,358 S * 2/2008 Tachibana ...... ... D26, 28
D570,007 S * 5/2008 Hsu ........ ... D26, 28
(73) Assignee: Litek Enterprise Co., Ltd., Tainan D582,587 S * 12/2008 Yang .......... ... D26, 28
(TW) D593,232 S * 5/2009 Koman et al. .. ... D26, 28
D635,694 S * 4/2011 Yang et al. ..................... D26/28
(**) Term: 14 Years * cited by examiner
(21) Appl. No. 29/441,544 Primary Examiner Marcus Jackson
(74) Attorney, Agent, or Firm Muncy, Geissler, Olds &
(22) Filed: Jan. 7, 2013 Lowe, PLLC
(57) CLAM
(30) Foreign Application Priority Data I claim, the ornamental design for an exterior Surface con
figuration of a vehicular headlight, as shown and described.
Dec. 4, 2012 (TW) ................................. 1O 1307219 DESCRIPTION
(51) LOC (9) Cl. .................................................. 26-06
(52) U.S. Cl. FIG. 1 is a perspective view of an exterior surface configura
USPC D26/28 tion of a vehicular headlight showing my present design;
58) Field ?ci - - - - - ificati- - - - - -s - - - - - - - h- - - - - - - - - - - - - - - - - - - - - - FIG. 2 is a front view thereof;
(58) Field of Classification Searc FIG. 3 is a left view thereof; and,
USPC ............ D26/2836; 362/459 468, 475-478, FIG. 4 is a top plan view thereof.
362/485 487
See application file for complete search history. 1 Claim, 4 Drawing Sheets
U.S. Patent Sep. 17, 2013 Sheet 1 of 4 US D690,040 S
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Case 2:17-cv-06710 Document 1 Filed 09/12/17 Page 1 of 15 Page ID #:1

17 transactions and sales in this district.

27 California and the Central District of California.

10 Industry, California 91748.

11 THE ACCUSED PRODUCTS

15 its headlights on its distributor website located at http://www.speed-daddy.com.

19 end-users discuss and disclose the use of the accused products.

27 Patent is attached hereto as Exhibit A.

6 Patent is attached hereto as Exhibit B.

14 INFRINGEMENT OF THE 223 PATENT BY DEFENDANT

16 paragraphs 1 through 13 above.

18 surface configuration of a vehicular headlight as shown below:

3 same as the headlight design protected by the 223 Patent.

21 one supposing it to be the other.

28 the infringing features of the 223 Patent.

9 paragraphs 1 through 24 above.

17 D690,040 DNA Motor Inc.

3 the infringing features of the 040 Patent.

EE D706,967 DNA Motor Inc.

12 supposing it to be the other

15 activities violate 35 U.S.C. 271.

18 upon the features of the 967 Patent.

22 Defendant is enjoined from further infringement by the Court.

27 PRAYER FOR RELIEF

1 WHEREFORE, Plaintiff pray for relief and judgment as follows:

7 3. Compensation for all damages caused by Defendants infringement of the Patents-in-

8 Suit to be determined at trial;

10 pursuant to 35 U.S.C. 285;

12 costs and expenses; and,

DEMAND FOR JURY TRIAL

(12) United States Design Patent (10) Patent No.: US D690,040 S

U.S. Patent Sep. 17, 2013 Sheet 1 of 4 US D690,040 S

U.S. Patent Sep. 17, 2013 Sheet 2 of 4 US D690,040 S

U.S. Patent Sep. 17, 2013 Sheet 3 of 4 US D690,040 S

U.S. Patent Sep. 17, 2013 Sheet 4 of 4 US D690,040 S

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