Case 5:18-cv-01603-MWF-KK Document 9 Filed 09/13/18 Page 1 of 6 Page ID #:28

1 J. Curtis Edmondson (CA SBN # 236105)

Edmondson IP Law
2
3699 NE John Olsen Ave.
3 Hillsboro, OR 97124
Phone: (503)-336-3749
4 Fax: (503)-482-7418
5
Email: jcedmondson@edmolaw.com

6 Attorneys for Defendant

HAWK IMPORTERS INC.
7

9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11

12
B2BPROFESSIONALTOOLS.COM, LLC, Case No.: 5:18-cv-01603-MWF-KK
13 a California entity,
14
DEFENDANT’S ANSWER,
Plaintiff, AFFIRMATIVE DEFENSES, AND
15 COUNTERCLAIMS
16 vs.

17
HAWK IMPORTERS, INC., an Illinois
18 corporation,
19
Defendant.
20

21
INTRODUCTION
22 This matter concerns a claim filed in Riverside Superior Court, Case No: INS 18011117
23 (“State Action”) by B2BPROFESSIONALTOOLS.COM, LLC. (“B2B”) as against Hawk
24 Importers, Inc. (“Hawk”) (See Exhibit 1) relating to allegations of non-infringement of United
25 States Design Patent D756,010 (“the ‘010 Patent”, See Exhibit 2).

26

27

28

ANSWER – page 1 5:18-cv-01603-MWF-KK

 Case 5:18-cv-01603-MWF-KK Document 9 Filed 09/13/18 Page 2 of 6 Page ID #:29

1 ANSWER
2

3 1. With regards to statements made in Section “1” of the State Action, Hawk believes that

4 this is the current address of B2B, but lacks sufficient knowledge to admit or deny this allegation.

5
2. With regards to statements made in Section “2” of the State Action, Hawk admits the
information regarding the location and contact person for Hawk.
6
3. With regards to statements made in Section “3” of the State Action, Hawk denies the
7
amount owed, and the statements in 3b. Hawk lacks sufficient knowledge to admit or deny the
8
statements at 3a, 3b, and 3c.
9
4. With regards to statements made in Section “4” of the State Action, Hawk lacks sufficient
10
knowledge to admit or deny the statements made.
11 5. With regards to statements made in Section “5” of the State Action, Hawk admits he does
12 business in Riverside County.
13 6. With regards to statements made in Sections “6”,”7”,”8”,”9”,”10”, and “11” of the State
14 Action, Hawk lacks sufficient knowledge to admit or deny the statements.

15

16
AFFIRMATIVE DEFENSES
17
Hawk’s Affirmative Defenses are listed below. Hawk reserves the right to amend its
18
answer to add additional Affirmative Defenses consistent with the facts discovered in this case.
19

20
FIRST AFFIRMATIVE DEFENSE – PATENT PRESUMED VALID
21 7. The ‘010 Patent has a presumption of validity and is enforceable. 35 U.S.C 282. B2B is
22 estopped from claiming invalidity unless it can be shown that the patent is invalid for
23 anticipation, obviousness, enablement and/or other defenses.
24

25 SECOND AFFIRMATIVE DEFENSE – UNCLEAN HANDS

26
8. B2B must have clean hands to make any inequitable conduct allegations.
9. B2B does not have clean hands as it continued to sell the infringing product after it
27
received notification from Hawk that its product infringe the ‘010 Patent.
28

ANSWER – page 2 5:18-cv-01603-MWF-KK

 Case 5:18-cv-01603-MWF-KK Document 9 Filed 09/13/18 Page 3 of 6 Page ID #:30

1 THIRD AFFIRMATIVE DEFENSE – RIGHT TO AMEND

2 10. Given the nature of the complaint, Hawk reserves the right to amend these affirmative
3 defenses if and when a formal amended complaint is filed by B2B in this Court.

5
COUNTERCLAIMS
For its counterclaims against Plaintiff B2BPROFESSIONALTOOLS.COM, LLC
6
(“B2B”), Counterclaimant Hawk Importers, Inc. (“Hawk”), alleges as follows:
7

8
NATURE OF ACTION
9
1. This is a patent infringement action in response to B2B’s infringement of United States
10
Patent No. D 756,010 (“the ‘010 Patent”).
11 2. This patent infringement action arises under the patent laws of the United States, including
12 35 U.S.C. §§ 271, et seq.
13

14 PARTIES

15 3. Hawk is a corporation organized and existing under the laws of the State of Illinois, with
offices located at 2307 East Artesia Blvd. Long Beach CA 90805.
16
4. Upon information and belief based on the information in the State Action, B2B is an
17
unknown entity, with offices at 67765 Ovante Rd, Cathedral City, CA 92234. (See Exhibit 3,
18
Secretary of State and Website Screen Shots).
19

20
JURISDICTION AND VENUE
21 5. This Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331
22 and 1338(a).
23 6. The Court has personal jurisdiction over B2B because it (either directly or through its
24 subsidiaries, divisions or groups) has sufficient minimum contacts with the forum as a result of

25 business conducted within the State of California and this district; and/or specifically over B2B

26
(either directly or through its subsidiaries, divisions, groups or distributors) because of its
infringing conduct within or directed at the State of California and this district.
27

28

ANSWER – page 3 5:18-cv-01603-MWF-KK

 Case 5:18-cv-01603-MWF-KK Document 9 Filed 09/13/18 Page 4 of 6 Page ID #:31

1 7. More specifically, B2B, directly and/or through its intermediaries, makes, distributes,
2 imports, offers for sale, sells, advertises and/or uses the accused products identified herein that
3 include the claimed device of the ‘010 Patent in the State of California. B2B has committed

4 patent infringement in the State of California and solicits customers in the State of California.

5
B2B has paying customers who are residents of the State of California and who purchase and/or
use B2B’s infringing products in the State of California. Further, B2B has an interactive website
6
that is accessible from the State of California.
7
8. Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b). On information
8
and belief, B2B has transacted business in this district, and has committed acts of patent
9
infringement in this district.
10
9. More specifically, B2B, directly and/or through its intermediaries, makes, distributes,
11 imports, offers for sale, sells, advertises and/or uses, devices including the accused devices
12 identified herein, that infringe claims of the ‘010 Patent in the State of California. B2B has
13 committed patent infringement in the State of California and solicits customers in the State of
14 California. B2B has paying customers who are residents of the State of California and who

15 purchase and/or use B2B’s infringing products in the State of California.

11. Amazon is a retail and commercial products distribution platform located on the internet
16
at www.amazon.com. Amazon is one of the largest, if not the largest, internet distributor of
17
products.
18
12. Amazon sells products from third parties in two ways. Amazon can facilitate a sale by
19
marketing the product directly or Amazon warehouses the product and then distributes the
20
product from their warehouses.
21 13. Generally, Amazon does not police design patent infringements of third party products,
22 instead provides a mechanism where the design patent owner can give notice to Amazon of such
23 infringement. Amazon typically removes the listing from sale upon such notice.
24 14. In the course of reviewing the Amazon website, Hawk Importers became aware that B2B

25 was selling product(s) that infringed the ‘010. Hawk gave notice to Amazon to have the product

26
removed from sale.

27

28

ANSWER – page 4 5:18-cv-01603-MWF-KK

 Case 5:18-cv-01603-MWF-KK Document 9 Filed 09/13/18 Page 5 of 6 Page ID #:32

1 COUNT I – INFRINGEMENT OF THE US PATENT

2

3 15. Hawk is the owner by assignment of the ‘010 Patent. (Ex. 2). A representative drawing

4 from the ‘010 Patent is:

10

11

12

13

14

15

16 16. Amazon is a retail and commercial products distribution platform located on the internet
17 at www.amazon.com. Amazon is one of the largest, if not the largest, internet distributor of

18 products.

19
17. Amazon sells products from third parties in two ways. Amazon can facilitate a sale by
marketing the product directly or Amazon warehouses the product and then distributes the
20
product from their warehouses.
21
18. Generally, Amazon does not police design patent infringements of third party products,
22
instead provides a mechanism where the design patent owner can give notice to Amazon of such
23
infringement. Amazon typically removes the listing from sale upon such notice.
24
19. In the course of reviewing the Amazon website, Hawk Importers became aware that B2B
25 was selling product(s) that infringed the ‘010. Hawk gave notice to Amazon to have the product
26 removed from sale.
27

28

ANSWER – page 5 5:18-cv-01603-MWF-KK

 Case 5:18-cv-01603-MWF-KK Document 9 Filed 09/13/18 Page 6 of 6 Page ID #:33

1 COUNT II - DECLARATORY JUDGMENT OF PATENT OWNERSHIP

2 AND VALIDITY
3 20. The ‘010 Patent was issued by the United States Patent and Trademark Office

4 (“USPTO”) on May 10, 2016. Patents issued by the USPTO have a presumption of validity.

5
21. Hawk is the owner by assignment of the ‘010 Design Patent. This assignment has been
duly recorded at the USPTO. (Ex. 4).
6

7
PRAYER FOR RELIEF
8

9
WHEREFORE, Hawk prays for relief against B2B as follows:
10
A. Judgment entered that the ‘010 Patent is valid and enforceable.
11 B. Declaratory judgment
12 C. Damages pursuant to 35 U.S.C. § 271
13 D. Attorney Fees pursuant to 35 U.S.C. § 285
14 B. For such other and further relief, as may be just and equitable.

15

16 Dated: September 13, 2018 Respectfully submitted,

17
by: /s/ J. Curtis Edmondson
18 J. Curtis Edmondson
Attorney for Defendant
19

20

21

22

23

24

25

26

27

28

ANSWER – page 6 5:18-cv-01603-MWF-KK

Case 5:18-cv-01603-MWF-KK Document 9-1 Filed 09/13/18 Page 1 of 6 Page ID #:34

Exhibit 1 - B2B Professional Tools.com v. Hawk Importers, Inc.

Case 5:18-cv-01603-MWF-KK Document 9-1 Filed 09/13/18 Page 2 of 6 Page ID #:35
Case 5:18-cv-01603-MWF-KK Document 9-1 Filed 09/13/18 Page 3 of 6 Page ID #:36
Case 5:18-cv-01603-MWF-KK Document 9-1 Filed 09/13/18 Page 4 of 6 Page ID #:37
Case 5:18-cv-01603-MWF-KK Document 9-1 Filed 09/13/18 Page 5 of 6 Page ID #:38
Case 5:18-cv-01603-MWF-KK Document 9-1 Filed 09/13/18 Page 6 of 6 Page ID #:39
Case 5:18-cv-01603-MWF-KK Document 9-2 Filed 09/13/18 Page 1 of 8 Page ID #:40

Exhibit 2 - Patent D756, 010

Case 5:18-cv-01603-MWF-KK Document 9-2 Filed 09/13/18 Page 2 of 8 Page ID #:41
Case 5:18-cv-01603-MWF-KK Document 9-2 Filed 09/13/18 Page 3 of 8 Page ID #:42
Case 5:18-cv-01603-MWF-KK Document 9-2 Filed 09/13/18 Page 4 of 8 Page ID #:43
Case 5:18-cv-01603-MWF-KK Document 9-2 Filed 09/13/18 Page 5 of 8 Page ID #:44
Case 5:18-cv-01603-MWF-KK Document 9-2 Filed 09/13/18 Page 6 of 8 Page ID #:45
Case 5:18-cv-01603-MWF-KK Document 9-2 Filed 09/13/18 Page 7 of 8 Page ID #:46
Case 5:18-cv-01603-MWF-KK Document 9-2 Filed 09/13/18 Page 8 of 8 Page ID #:47
Case 5:18-cv-01603-MWF-KK Document 9-3 Filed 09/13/18 Page 1 of 4 Page ID #:48
Case 5:18-cv-01603-MWF-KK Document 9-3 Filed 09/13/18 Page 2 of 4 Page ID #:49
Case 5:18-cv-01603-MWF-KK Document 9-3 Filed 09/13/18 Page 3 of 4 Page ID #:50

   

 
Case 5:18-cv-01603-MWF-KK Document 9-3 Filed 09/13/18 Page 4 of 4 Page ID #:51

 
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