Mingxuan Licensing v. CSL Holdings - Complaint

Case 2:19-cv-05097-SMB Document 1 Filed 09/05/19 Page 1 of 21
1 Nathan Brown (SBN #033482)

2 BROWN PATENT LAW
15100 N 78th Way, Suite 203
3
Scottsdale, AZ 85260
4 Phone: 602-529-3474
Email: Nathan.Brown@brownpatentlaw.com
5
6 UNITED STATES DISTRICT COURT

7
DISTRICT OF ARIZONA
8
Mingxuan Licensing LLC, (an Arizona Case No.:
9
Company)
10 Plaintiff,
11
COMPLAINT FOR
vs. DECLARATORY JUDGMENT OF
12 NON-INFRINGEMENT AND
13 CSL Holdings, LLC (an Utah Company) INVALIDTY
14
Defendant DEMAND FOR A JURY TRIAL
15
16
Plaintiff MingXuan Licensing LLC (“MingXuan”) for its complaint
17
18 against CSL Holdings, LLC (“CSL” or “Defendant”) to the best of its knowledge,
19 information and belief and through its attorneys, alleges as follows:
20
NATURE OF ACTION
21
22 1. This is an action for declaratory judgment of invalidity and non-

23
infringement of U.S. Design Patent No. D847,283 (“the ‘283 Patent”) and
24
25 the U.S. Design Patent No. D846,674 (the ‘674 Patent”).

26 2. Copy of the ‘283 and ‘674 Patents are attached hereto as Exhibit A.
27
PARTIES
28
COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

DEMAND FOR A JURY TRIAL - 1
1 MingXuan Licensing LLC

2
3. Plaintiff MingXuan Licensing is a limited liability company formed
3
4 under the laws of Arizona.

5
4. MingXuan holds a license for selling Niupipo trademarked pickleball
6
7
paddles in the United States and other parts of the world.
8 5. The Niupipo trademarks signify high quality, and are known worldwide
9
as a quality brand name for at least pickleball paddles.
10
11 6. The Niupipo pickleball paddles have been offered for sale in the United
12
States.
13
14
7. Some Niupipo pickleball paddles are still offered for sale in the United
15 States.
16
8. Niupipo trademarks are owned by Dongguan Mingxuan Carbon Fibre
17
18 Technology Co LTD.
19
9. MingXuan Licensing cannot exercise their licensing rights because of
20
21
Defendants’ patent infringement charges. Exhibit B.
22 CSL HOLDINGS LLC

23
10. CSL according to Utah.gov records is an Utah Limited Liability
24
25 Company. EXHIBIT C.
26
11. CSL according to Utah.gov records has a principle place of business in
27
28
216 S 200 W Cedar City, Utah 84720. EXHIBIT C.

1 12. According to Utah.gov records, CSL Holdings, LLC can be served with
2
their Registered Agent, Jim Douglas at 216 South 200 West Cedar City,
3
4 UT 84721 or PO BOX 1027 Cedar City, UT 84721. EXHIBIT C.

5
13. According to Utah.gov records CSL Holdings, LLC was first registered
6
7
in the State of Utah on March 28, 2016, and status is CURRENT until
8 March 31, 2020. EXHIBIT C.

9
U.S. PATENT D847,283 and U.S. PATENT D846,674
10
11 14. United States Design Patent D847,283 (‘283) is titled RIPPLED STRAP
12
FOR A PICKLEBALL PADDLE.
13
14
15. United States Design Patent D846,674 (‘674) is titled GRIP WITH
15 RIPPLED STRAP FOR A PICKLEBALL PADDLE

16
16. ‘283 and ‘674 patent inventor is listed as Yang Xiao Yan, of Nanjing
17
18 China.
19
17. ‘283 and ‘674 patent assignee is listed as CSL Holdings, LLC of Salt
20
21
Lake City, Utah. EXHIBIT A.
22 18. ‘283 and ‘674 patents were filed with the United States Patent Office on
23
August, 22, 2017.
24
25 19. ‘283 patent was issued on April 30, 2019.

26
20. ‘674 patent was issued on April 23, 2019.
27
28
21. ‘283 and ‘674 patents are a design patents.

1 22. ‘283 and ‘674 patents claim a rippled strap for a pickleball paddle.
2
23. In the ‘283 and ‘674 patents it is unclear how many straps are claimed.
3
4 EXHIBIT D.
5
Yang Xiao Yan
6
7
24. Yang Xiao Yan’s country of residence on Inventor Information portion of
8 the United States patent application lists China.

9
25. On information and belief, and according to the Inventor information
10
11 filed with the ‘283 and ‘674 patents, Yang Xiao Yan mailing address is
12
Room 620, Innovation Park No. 58, Tianyuan East Rd Jiangning
13
14
District , Jiangsu, Nanjing, China. EXHIBIT E.
15 26. On information and belief, Yang Xiao Yan is a pinyin name.

16
27. On information and belief, Yang Xiao Yan’s Chinese pronunciation of
17
18 her Chinese name sounds like “Jiani” in English.

19
28. On information and belief, Yang Xiao Yan’s American name is “Jenny.”
20
21
29. On information and belief, Jenny is the General Manager in charge of
22 sales for Olanny Sports Co. LTD. EXHIBIT F.

23
30. On information and belief, Jenny is listed on www.olanny.com as the
24
25 General Manager over sales for Olanny. EXHIBIT G.

26
NUIPIPO
27
28
31. Nuipipo is an United States Trademark. Registration Number 5657829.

1 32. Niupipo trademark is registered to Dongguan Mingxuan Carbon Fibre

2
Technology Co. Ltd
3
4 33. Dongguan Mingxuan Carbon Fibre Technology Co Ltd headquarters is in

5
China.
6
7
34. Dongguan Mingxuan Carbon Fibre Technology Co LTD issued a non-
8 exclusive license to Mingxuan Licensing LLC to sell their Niupipo

9
pickleball paddles in the United States.
10
11 35. On information and belief, the Niupipo pickleball paddle design is similar
12
to countless other pickleball paddles being sold in the United States.
13
14
36. On information and belief, CSL Holdings LLC removed Niupipo
15 pickleball paddles, for patent infringement, claiming infringement of

16
their ‘283 patent. EXHIBIT B.
17
18 37. On information and belief, CSL Holdings LLC removed Niupipo

19
pickleball paddles, for patent infringement, claiming infringement of
20
21
their ‘674 patent.
22 JURISDICTION AND VENUE

23
38. This Court has jurisdiction over these claims pursuant to 28 U.S.C. 1338,
24
25 1331, and 2201 because the Complaint states claims arising under an Act
26
of Congress relating to patents, including but not limited to 35 U.S.C 271
27
28

1 and 35 U.S.C. 171 and seeks relief under the Federal Declaratory
2
Judgment Act.
3
4 39. This Court has jurisdiction over the Plaintiff’s declaratory judgment
5
claim pursuant to 28 U.S.C 2201 et seq. based on Defendant’s removal of
6
7
Plaintiff’s Pickleball paddles on Amazon store for patent infringement
8 and therefore Plaintiff cannot exercise their license on Amazon store.

9
40. This Court has jurisdiction over the Plaintiff’s declaratory judgment
10
11 claim pursuant to 28 U.S.C. 2201 et seq. based on Defendant’s

12
declaration to Amazon store that Plaintiff’s pickleball paddles have done
13
14
damage to Defendant’s patents.
15 FACTUAL BACKGROUND
16
CSL Holdings LLC Actions and Lack of a Reasonable
17
18 Investigation Establish the Existence of a Concrete and Immediate

19
Justiciable Controversy.
20
21
41. The ‘283 Patent is entitled “Rippled Strap for a Pickleball Paddle.” It
22 issued on November 6, 2018.

23
42. The ‘283 Patent is entitled “Rippled Strap for a Pickleball Paddle.” was
24
25 filed with the United States Patent Office on August 22, 2017.
26
43. The ‘283 patent was filed under Application Number 29/614699 with the
27
28
United States Patent and Trademark Office.

1 44. Before the demand for the removal of the Niupipo brand pickleball
2
paddles from the Amazon Store, MingXuan Licensing or MingXuan’s
3
4 parent company had no knowledge of Defendants’ patent.

5
45. The Niupipo brand pickleball paddles that CSL Holdings LLC had
6
7
removed from Amazon do not infringe on the ‘283 or the ‘674 patent.
8 46. On information and belief, a Defendant falsely claimed to Amazon that

9
they are the inventor of some of the Niupipo brand pickleball paddles
10
11 sold on the Amazon store.

12
47. On information and belief, Defendant has not seen the Niupipo pickleball
13
14
rackets except in pictures before demanding the products be removed
15 from Amazon Store for infringement of the ‘283 patent.

16
48. On information and belief, Defendant has not seen the Niupipo pickleball
17
18 rackets except in pictures before demanding the products be removed

19
from Amazon Store for infringement of the ‘674 patent.
20
21
49. On information and belief, Defendant only demanded removal for patent
22 infringement of some of the pickleball paddles listed on Amazon that

23
they thought had the same design as their ‘283 or ‘674 patents.
24
25 50. On information and belief, Defendant only demanded removal for patent
26
infringement of foreign based pickleball paddles from Amazon store.
27
28

1 51. On or before August 1, 2019, Amazon began removing the Niupipo

2
pickleball paddles from the Amazon online store at the demand of CSL
3
4 Holdings LLC.
5
52. On information and belief, on or before August 1, 2019, Amazon began
6
7
removing the Niupipo pickleball paddles from the Amazon online store at
8 the demand of an agent of CSL Holdings LLC.

9
53. On information and belief, CSL Holdings LLC has never actually
10
11 compared the Niupipo pickleball paddles to their ‘283 patent except in

12
pictures, many of them low resolution.
13
14
54. On information and belief, CSL Holdings LLC has never actually
15 compared the Niupipo pickleball paddles to their ‘674 patent except in

16
pictures, many of them low resolution.
17
18 55. CSL Holdings LLC through their attorney has demanded that a licensing
19
fee be paid before some Niupipo brand pickleball paddles can be sold
20
21
online in the United States.
22 56. MingXuan Licensing LLC has requested that Defendant remove the
23
accusations of patent infringement so that MingXuan Licensing can
24
25 exercise their licensing of Niupipo pickleball paddles. EXHIBIT H.

26
57. CSL Holdings LLC refuses to remove their accusation of patent
27
28
infringement with Amazon so that MingXuan Licensing LLC can

1 exercise their license to sell Niupipo pickleball paddles online in the

2
United States with Amazon Store. EXHIBIT H.
3
4 58. A reasonable person in the pickleball industry would have not alleged
5
that the Niupipo pickleball paddles were infringing on the ‘283 patent.
6
7
59. A reasonable person in the pickleball industry would have not alleged
8 that the Niupipo pickleball paddles were infringing on the ‘674 patent.
9
60. A reasonable person would have first bought the Niupipo pickleball
10
11 paddle and then compared the Niupipo pickleball paddle to the ‘283
12
patent before filing infringement accusations with Amazon.
13
14
61. A reasonable person would have first bought the Niupipo pickleball
15 paddle and then compared the Niupipo pickleball paddle to the ‘674
16
patent before filing infringement accusations with Amazon.
17
18 62. On information and belief, CSL Holdings LLC never bought and visually
19
compared the aforementioned Niupipo pickleball paddles before claiming
20
21
patent infringement.
22 COUNT 1
23
Declaratory Judgment of Non-Infringement of the ‘283 and ‘674
24
25 Patents
26
63. Paragraphs 1 to 62 are incorporated herein as set forth above.
27
28

1 64. A substantial, immediate and real controversy exists between MingXuan

2
Licensing and Defendant based, in part, on Defendant’s demand emails
3
4 and accusations to the Amazon Store and the representations therein,

5
CSL Holdings demand for a licensing agreement, and MingXuan
6
7
Licensing’s unequivocal assertion that it does not infringe any valid claim
8 of the ‘283 patent.

9
65. A substantial, immediate and real controversy exists between MingXuan
10
11 Licensing and Defendant based, in part, on Defendant’s demand emails

12
and accusations to the Amazon Store and the representations therein,
13
14
CSL Holdings demand for a licensing agreement, and MingXuan
15 Licensing’s unequivocal assertion that it does not infringe any valid claim
16
of the ‘674 patent.
17
18 66. MingXuan Licensing does not infringe, and has not infringed the ‘283
19
Patent pursuant to 35 U.S.C. 271, by making, using, selling or offering to
20
21
sell Defendants’ patented products.
22 67. MingXuan Licensing does not infringe, and has not infringed the ‘674
23
Patent pursuant to 35 U.S.C. 271, by making, using, selling or offering to
24
25 sell Defendants’ patented products.

26
27
28

1 68. Prior to CSL Holdings LLC accusations of patent infringement in 2019,

2
MingXuan Licensing or their parent company had no constructed or
3
4 actual knowledge of the ‘283 patent.

5
69. Prior to CSL Holdings LLC accusations of patent infringement in 2019,
6
7
MingXuan Licensing or their parent company had no constructed or
8 actual knowledge of the ‘674 patent.

9
70. The ‘283 patent has one claim. The MingXuan technology does not
10
11 infringe on the claim.

12
71. The ‘674 patent has one claim. The MingXuan technology does not
13
14
infringe on the claim.
15 72. For example, the ‘283 and ‘674 patent claim appears to have an amount
16
of ripples or strings (it is unclear what they are), the Niupipo pickleball
17
18 paddles do not share the specific amount.

19
73. On information and belief, there are multiple differences between the
20
21
Niupipo pickleball paddles and Defendant’s ‘283 and ‘674 patents.
22 74. MingXuan Licensing LLC is entitled to judgment declaring that it does

23
not infringe, and will not infringe, the ‘283 Patent by making, using, or
24
25 offering to sell Defendant’s product.

26
27
28

1 75. MingXuan Licensing LLC is entitled to judgment declaring that it does

2
not infringe, and will not infringe, the ‘674 Patent by making, using, or
3
4 offering to sell Defendant’s product.

5
COUNT II
6
7
Declaratory Judgment of Invalidity of the ‘283 Patent and ‘674 Patent
8 76. Paragraphs 1 to 75 are incorporated herein as set forth above.

9
77. A substantial, immediate and real controversy exists between MingXuan
10
11 Licensing and Defendant based, in part on CSL Holdings LLC emails and
12
demands to Amazon.com shutting down some of the Niupipo pickleball
13
14
paddles from being sold on the website Amazon.com and not allowing
15 MingXuan Licensing to exercise their license.

16
78. The ‘283 Patent is invalid under the Patent Laws of the United States of
17
18 America, 35 U.S.C. 1 et seq., including but not limited to 101, 102, 103,
19
112, and 171.
20
21
79. The ‘674 Patent is invalid under the Patent Laws of the United States of
22 America, 35 U.S.C. 1 et seq., including but not limited to 101, 102, 103,
23
112, and 171.
24
25 80. The claim of the ‘283 and ‘674 Patent are invalid pursuant to 35 U.S.C
26
101 in part, because the ‘283 and ‘674 Patent claims are not “new”
27
28
“process, machine, manufacture, or composition of matter, or any new

1 and useful improvement thereof” 35 U.S.C. 101; and therefore, do not

2
constitute into patentable subject matter.
3
4 81. The ‘283 and ‘674 Patents are wrongly classified as a design patent,
5
instead should be a Utility patent because straps have a functional
6
7
purpose on pickleball paddle handles. That purpose is in part, to get a
8 better grip on the handle.

9
82. The claim of the ‘283 and ‘674 Patents are invalid pursuant to 35 U.S.C.
10
11 171 Patents for Designs in part, because the ‘283 and ‘674 Patent claim
12
are not “new, original and ornamental design for an article of
13
14
manufacture.”
15 83. The claim of ‘283 and the ‘674 Patents are invalid because the patent
16
lacks ornamentality, in part because wrapping tape around a handle to
17
18 create ripple[s] is not ornamental.

19
84. The claim of ‘283 and the ‘674 Patents are invalid because the patent
20
21
lacks ornamentality, in part because wrapping string around a handle is
22 not ornamental.
23
85. The ‘283 patent has been in use and for sale since at least July of 2016.
24
25 86. The ‘674 patent has been in use and for sale since at least July of 2016.
26
27
28

1 87. On information and belief, Yang Xiao Yan, the inventor of record for the
2
‘283 and ‘674 patents, knew the ‘283 and ‘674 patents have been in use
3
4 and for sale since at least July of 2016.

5
88. The ‘283 and ‘674 patent has one claim.
6
7
89. The ‘283 and ‘674 patent can be described as tape on a handle.
8 90. The ‘283 and ‘674 patent can be described as string on a handle.
9
91. People have been putting tape on handles for at least nearly a century,
10
11 therefore it is common knowledge in the art.

12
92. People have been putting string on handles for at least nearly a century,
13
14
therefore it is common knowledge in the art.
15 93. The ‘283 Patent is invalid for failure to meet the legal requirements of 35
16
U.S.C 112.
17
18 94. The ‘674 Patent is invalid for failure to meet the legal requirements of 35
19
U.S.C 112.
20
21
95. The ‘283 and ‘674 patents are not “clear, concise, and exact terms.” 35
22 U.S.C. 112
23
96. The ‘283 and ‘674 patents, do not “particularly point out and distinctly
24
25 claim the subject matter” 35 U.S.C. 112

26
97. The ‘283 Patent is titled RIPPLED STRAP FOR A PICKLEBALL
27
28
PADDLE, yet the design is unclear if it is a “rippled strap.”

1 98. The ‘674 Patent is titled GRIP WITH RIPPLED STRAP FOR A
2
PICKLEBALL PADDLE, yet a grip is a functional portion of a pickleball
3
4 paddle.
5
99. The ‘283 and ‘674 specification and design make appear to look like
6
7
string not rippled strap[s]. EXHIBIT I.
8 100. If the ‘283 and ‘674 specification and design are “rippled strap[s]”, it
9
is unclear how many ripples there are in the design. EXHIBIT I.
10
11 101. If the ‘283 and ‘674 specification and design are strings it is unclear
12
how many strings there are in the design. EXHIBIT I.
13
14
102. The claims of the ‘283 Patent are invalid under 35 U.S.C. 103, in part,
15 because the design of the ‘283 Patent would have been predictable and
16
thus obvious by a person of ordinary skill in the art in view of the prior
17
18 art.
19
103. The claim of the ‘674 Patent are invalid under 35 U.S.C. 103, in part,
20
21
because the design of the ‘674 Patent would have been predictable and
22 thus obvious by a person of ordinary skill in the art in view of the prior
23
art.
24
25 104. It would have been obvious to combine the rippling wrapping on the
26
handle of United States Patent Office patent 2280382, dated April, 21,
27
28

1 1942 with the PICKLEBALL PADDLE of United States Patent

2
Application 14/885553.
3
4 105. It would have been obvious to combine the rippling wrapping on the
5
upper portion of the handle of United States Patent Design D259940,
6
7
titled RACQUETBALL RACKET with the PICKLEBALL PADDLE of
8 United States Patent Application 14/885553.

9
106. The ‘283 patent would have been obvious by combining the upper handle
10
11 ripple portion of the United States Design Patent D448436, inventor

12
Kuncz, with the PICKLEBALL PADDLE of United States Patent
13
14
Application 14/885553.
15 107. The ‘283 and ‘674 patents would have been obvious by combining
16
the upper handle ripple portion of the United States patent D259940, by
17
18 Witte et al, dated July 21, 1981 with the PICKLEBALL PADDLE of
19
United States Patent Application 14/885553.
20
21
108. United States Patent Application 14/885553 titled PICKLEBALL
22 PADDLE has a provisional patent application number 62/065579 filed on

23
October 17, 2014.
24
25 109. The claims of the ‘283 Patent are invalid under 35 U.S.C. 102, in part,
26
because the patent is not novel pursuant to 35 U.S.C. 102.
27
28

1 110. The claim of the ‘674 Patent is invalid under 35 U.S.C. 102, in part,
2
because the patent is not novel pursuant to 35 U.S.C. 102.
3
4 111. Engage Encore Pickleball paddles have been selling and advertising
5
ripple[d] handled pickle ball paddles since at least April 8, 2016.
6
7
https://www.youtube.com/watch?v=PgFuFP-b_80 Time Stamp 0:15.
8 112. Putting a ripple in a handle was patented by Witte et all on July 21, 1981,
9
United States Design Patent D259940.
10
11 113. The ‘283 and ‘674 patents are not novel because United States Patent
12
Application US14/885553 was filed in the United States patent office on
13
14
10-16-2015, by inventor Todd Pree.
15 114. The ‘283 and ‘674 patents are not novel because United States Patent
16
Application US14/885553 titled PICKLEBALL PADDLE was filed in
17
18 the United States patent office on 10-16-2015, by inventor Todd Pree.

19
This patent application has a binding on the top of the handle that appears
20
21
to ripple.
22 115. The ‘283 and ‘674 Patent are a common design and is used and sold
23
throughout the pickleball paddle industry by under trademarks including
24
25 at least Bewe, Esper, and many more, on or before July of 2016.

26
COUNT III
27
28

1 Declaratory Judgment that Yang Xiao Yan is not the inventor of the ‘283 and
2
‘674 patents.
3
4 116. Paragraphs 1 to 115 are incorporated herein as set forth above.

5
117. Upon correspondence with others, Yang Xiao Yan admitted that she was
6
7
not the inventor of the ‘283 and ‘674 patents. EXHIBIT J.
8 118. Upon correspondence with others, Yang Xiao Yan admitted that she
9
was not capable of inventing either the ‘283 or ‘674 patents. EXHIBIT J.
10
11 119. Upon correspondence with others, Yang Xiao Yan admitted that she
12
signed the paper saying she was the inventor to please CSL Holdings
13
14
LLC, but she did not know what she was signing. EXHIBIT J.
15 120. Upon information and belief, and on or before July 25, 2019 Yang
16
Xiao Yan when confronted with the information that she was not the
17
18 inventor, she told CSL Holdings LLC that she was bribed 500,000
19
Chinese money to say she was not the inventor. EXHIBIT K.
20
21
121. Upon information and belief, 500,000 Chinese money is about
22 equivalent to $70,000 US dollars.

23
122. Upon information and belief, the same people Yang Xiao Yan said
24
25 bribed her before July 25, 2019, after July 25, 2019 offered her $100 (US
26
Dollars) to sell them the ‘283 patent. EXHIBIT L.
27
28

1 PRAYER FOR RELIEF

2
Wherefore, MingXuan Licensing respectfully requests that a
3
4 judgment be entered against Defendant as follows:

5
123. That Judgment be entered in favor of Plaintiffs and against Defendant
6
7
on each and every count of the Complaint:
8 124. That Judgment be entered declaring that the accused products and
9
services do not infringe and will not infringe any claim of the ‘283
10
11 Patent.
12
125. That Judgment be entered declaring that the accused products and
13
14
services do not infringe and will not infringe any claim of the ‘674
15 Patent.
16
126. That Judgment be entered declaring that Defendants are precluded
17
18 from obtaining injunctive relief, money damages, enhanced damages,

19
costa and / or attorneys’ fees for any alleged infringement by Plaintiffs;
20
21
127. That Judgment be entered declaring that the claims of the ‘283 Patent
22 invalid and /or not directed to patent eligible subject matter;

23
128. That Judgment be entered declaring that the claims of the ‘674 Patent
24
25 invalid and /or not directed to patent eligible subject matter;

26
129. That Judgment be entered permanently enjoining and restraining
27
28
Defendants, their officers, agents, servants, employees, and attorneys, and

1 all others acting for, on behalf of, or in active concert with any of them
2
from stating, implying, or suggesting that Plaintiffs and / or their products
3
4 or services infringe the ‘283 Patent.

5
130. That Judgment be entered permanently enjoining and restraining
6
7
Defendants, their officers, agents, servants, employees, and attorneys, and
8 all others acting for, on behalf of, or in active concert with any of them
9
from stating, implying, or suggesting that Plaintiffs and / or their products
10
11 or services infringe the ‘674 Patent.

12
131. That Judgment be entered declaring that this case is exceptional in
13
14
favor of Plaintiffs under 35 U.S.C. 285, as well the precedent of Octane
15 Fitness, LLC v. ICON Health & Fitness, Inc. 134 S. Ct. 1749 (2014) and
16
Highmark Inc. v. Allcare Health Mgmt. Sys., 134 S. Ct. 1744 (2014), and
17
18 accordingly Plaintiff be awarded its reasonable attorneys’ fees and

19
expenses:
20
21
132. Attorney fees now exceed $12060
22 133. That Plaintiff be awarded their costs in this action:

23
134. That Plaintiff be awarded damages for lost sales because of
24
25 Defendant’s actions:
26
135. That Plaintiff’s damages from lost sales due to Defendant’s
27
28
infringement accusations be awarded in current excess of $2.4 million;

1 136. That Plaintiff be awarded such other and further relief as the Court
2
may deem just and proper;
3
4 Pursuant to the Federal Rules of Civil Procedure 38(b), Plaintiff

5
MingXuan Licensing hereby requests a trial by jury of all the issues so triable.
6
8 DATED THIS FIFTH DAY OF SEPTEMBER IN THE YEAR 2019.

9
Respectfully submitted,
10
11
12
13
s/Nathan Brown
14 Attorney for the Plaintiff
15
16
17
18
19
20
21
22
23
24
25
26
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28

Case 2:19-cv-05097-SMB Document 1-1 Filed 09/05/19 Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Civil Cover Sheet

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required
for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the ﬁling
and service of pleadings or other papers as required by law. This form is authorized for use only in the District of Arizona.
The completed cover sheet must be printed directly to PDF and ﬁled as an attachment to the Complaint or
Notice of Removal.
Plaintiff(s): MingXuan Licensing LLC Defendant(s): CSL Holdings, LLC

County of Residence: Maricopa County of Residence: Outside the State of Arizona
County Where Claim For Relief Arose: Maricopa

Plaintiff's Atty(s): Defendant's Atty(s):
Nathan Brown (MingXuan Licensing LLC )
Brown Patent Law
15100 N 78th Way Suite 203
Scottsdale, Arizona 85260
602-529-3474

II. Basis of Jurisdiction: 3. Federal Question (U.S. not a party)

III. Citizenship of Principal Parties
(Diversity Cases Only)
Plaintiff:- 4 AZ corp or Principal place of Bus. in AZ
Defendant:- 5 Non AZ corp and Principal place of Business outside AZ

IV. Origin : 1. Original Proceeding

V. Nature of Suit: 830 Patent

VI.Cause of Action: 35 USC 271, 35 USC 171, 28 USC 2201 et seq. Declaratory Judgment Patent
Infringement and Patent Validity
VII. Requested in Complaint
Class Action: No
Dollar Demand: 2.4 Million
Jury Demand: Yes
VIII. This case is not related to another case.
Signature: s/Nathan Brown
Date: 09/05/2019
If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Back button in your browser and change it. Once
correct, save this form as a PDF and include it as an attachment to your case opening documents.
Revised: 01/2014
EXHIBIT A
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28 COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

I 11111 1 111111 1 1 1111 1111 1 1111 111 1 11111 111 1 111 1 IIIII IIIIIII I IIII IIII
US00D846674S
c12) United States Design Patent c10) Patent No.: US D846,674 S

Yan (45) Date of Patent: ** Apr. 23, 2019
(54) GRIP WITH RIPPLED STRAP FOR A D448,436 S * 9/2001 Kuncz .......................... D21/729
PICKLEBALL PADDLE D509,863 S * 9/2005 Gajderowicz ................ D21/731
D509,864 S * 9/2005 Gajderowicz ................ D21/731
(71) Applicant: CSL Holdings, LLC, Salt Lake City, D620,061 S * 7/2010 Morrison ..................... D21/731
D800,237 S * 10/2017 Su ................................ D21/731
UT (US) D807,452 S * 1/2018 Zawitz ......................... D21/729
(72) Inventor: Yang Xiao Yan, Nanjing (CN) * cited by examiner
(73) Assignee: CSL HOLDINGS, LLC, Salt Lake Primary Examiner - Mitchell I. Siegel
City, UT (US) (74) Attorney, Agent, or Firm - Parsons Behle &
Latimer
(**) Term: 15 Y ears
(21) Appl. No.: 29/614,712
(22) Filed: Aug. 22, 2017 (57) CLAIM

(51) LOC (11) Cl. ............................................... 21-02 The ornamental design for a grip with rippled strap for a
(52) U.S. Cl. pickleball paddle, as shown.
USPC ......................................... D21/756; D21/731
(58) Field of Classification Search
USPC ......................... D21/729-732, 753, 756-758
CPC ............................... A63B 49/00-49/14; A63B DESCRIPTION
2049/0201-2049/103; A63B 59/80; A63B
59/00; A63B 59/40; A63B 59/42; A63B FIG. 1 is a perspective view showing the grip with rippled
59/45; A63B 60/00; A63B 60/46; A63B strap for a pickleball paddle embodying the new design;
51/00; A63B 2102/00; A63B 2102/10; FIG. 2 is a left side view thereof;
A63B 2102/12; A63B 2102/16; A63B FIG. 3 is a right side view thereof
2102/26; A63B 2102/28; A63B 2102/30; FIG. 4 is a front view thereof;
A63B 2102/38 FIG. 5 is a rear view thereof;
See application file for complete search history. FIG. 6 is a top plan view thereof; and,
FIG. 7 is a bottom plan view thereof.
(56) References Cited The broken line showing of the paddle is included for the
U.S. PATENT DOCUMENTS purpose of illustrating unclaimed subject matter and forms
no part of the claimed design.
D307,930 S * 5/1990 Sokol ........................... D21/731
D443,663 S * 6/2001 Kuncz .......................... D21/729 1 Claim, 2 Drawing Sheets
U.S. Patent Apr. 23, 2019 Sheet 1 of 2 US D846,674 S
FIG. 1
-----------------------------------------�
------------------------------------------1
FIG. 2
1------------------------------------------
FIG. 3
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US00D847283S
c12) United States Design Patent c10) Patent No.: US D847,283 S

Yan (45) Date of Patent: ** Apr. 30, 2019
(54) RIPPLED STRAP FOR A PICKLEBALL D448,436 S * 9/2001 Kuncz .......................... D21/729
PADDLE D509,863 S * 9/2005 Gajderowicz ................ D21/731
D509,864 S * 9/2005 Gajderowicz ................ D21/731
(71) Applicant: CSL Holdings, LLC, Salt Lake City, D620,061 S * 7/2010 Morrison ..................... D21/731
D800,237 S * 10/2017 Su ................................ D21/731
UT (US) D807,452 S * 1/2018 Zawitz ......................... D21/729
(72) Inventor: Yang Xiao Yan, Nanjing (CN) * cited by examiner
(73) Assignee: CSL HOLDINGS, LLC, Salt Lake Primary Examiner - Mitchell I. Siegel
City, UT (US) (74) Attorney, Agent, or Firm - Parsons Behle &
Latimer
(**) Term: 15 Y ears
(21) Appl. No.: 29/614,699
(22) Filed: Aug. 22, 2017 (57) CLAIM

(51) LOC (11) Cl. ............................................... 21-02 The ornamental design for a rippled strap for a pickleball
(52) U.S. Cl. paddle, as shown.
USPC ......................................... D21/753; D21/731
(58) Field of Classification Search
USPC ......................... D21/729-732, 753, 756-758
CPC ............................... A63B 49/00-49/14; A63B DESCRIPTION
2049/0201-2049/103; A63B 59/80; A63B
59/00; A63B 59/40; A63B 59/42; A63B FIG. 1 is a perspective view showing the rippled strap for a
59/45; A63B 60/00; A63B 60/46; A63B pickleball paddle embodying the new design;
51/00; A63B 2102/00; A63B 2102/10; FIG. 2 is a left side view thereof;
A63B 2102/12; A63B 2102/16; A63B FIG. 3 is a right side view thereof
2102/26; A63B 2102/28; A63B 2102/30; FIG. 4 is a front view thereof;
A63B 2102/38 FIG. 5 is a rear view thereof;
See application file for complete search history. FIG. 6 is a top plan view thereof; and,
FIG. 7 is a bottom plan view thereof.
(56) References Cited The broken line showing of the paddle and handle is
U.S. PATENT DOCUMENTS included for the purpose of illustrating unclaimed subject
matter and forms no part of the claimed design.
D307,930 S * 5/1990 Sokol ........................... D21/731
D443,663 S * 6/2001 Kuncz .......................... D21/729 1 Claim, 2 Drawing Sheets
FIG. 1
_________________________________________ )
FIG. 2
�-----------------------------------------
l------------------------------------------
FIG. 3
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3
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RE:[CASE 6217760771) Your Amazon.com Inquiry
Case 2:19-cv-05097-SMB
2019070812461844c1ca9aeb2541f69cOc6185c9aOpOna@bounces.amazon.com
Document 1-2 Filed 09/05/19 Page 9 of 39
on behalf of notice-disp111te@amazon.com <notice-dispute@amazon.com>
mingxuankeji2016@163.com
•
Monday, July 8, 2019 al 5:46 AM
Show Details
Hello,
Thank you for your message. We cannot accept your appeal because it does not address the report we received from the rights o·wner. Please provide the following information so we can process your appeal:
-- Proof of product authenticity (e.g., invoice, Order IO, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other
documentation, and a list of impacted ASINs to notice-dis�amazon.com.
Where do I send this information?

Send this information to notice-dis�mazon. corn.
What happens if I do not send th@ requested information I

If we do not receive the requested information, the listing will remain removed and your account could be deactivated.
Has your listing been deactivated in error? / Has your account been deactivated in error?}
If you believe there has been an error, please tell us why. Your explanation should include the following information:
-- How your listing(s) have not violated the brand's intellectual property.
ASIN: 80779Q3FZZ, 8078JY4YS6, 807GVOXWSD, B07QKT67WO, 807QKT98JS and B070L84H7C

Complaint IO: 6217760771
You can see your balance and settlement information in the Payments section of Seller Central. If you have questions about those, please send an email to J:!!Y.lflents-funds@amazon.com.
You can view your account performance (bll.P.:s:L,lsellercentral.amazon.co111LP.:erformance/dashboard?reftag;email �eal) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows
how well your account is performing against the performance metrics and policies required to sell on Amazon.
iOS: https:L(itunes. aPJ1le. co111@LAPJ1La1>azon- Seller/id79414148S

- - Android: l!nJ:!s: ll/>..ll}'.,,gQQgle. com/storeilll!sldetails lid•com, amazon. sellermobile.android&hl. ..
•
Notice: Policy Warning
2019070221251510c4580a0d5b4bee92e9e2ed8c00p0na@bounces.amazon.com on behalf of notice-dispute@amazon.com <not.ice-dispute@amazon.com>
mlngxuankeji2016@163.com
Tuesday, July 2, 2019 at 2:25 PM
Show Details
Hello,
We removed some of your listings because we received a report ff"om a rights owner that they may infringe the following design right,
•· Design Right number: US 0847283
The listings we removed are at the bottom of this message.
Why did this happen?

One or more of your listings may be infringing the intellectual property rights of others,
We' re here to help.

If you need help better understanding what is causing this, please search for n'Intellectual Property Violations"' in Seller Central Help (https:{/sellercentral-europe.amazon.co11LgQ.LhJtlP./externalL201361070).
How do I reactivate my listing?

To reactivate your listing you may provide one of the following:
1) A letter of authorization or a licensing agreement from the manufacturer or Rights owner demonstrating that your products are lawful to notice�disP.:ute@amazon.com. External links are not accepted. For security reasons, we only accept attachments in
the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .tiff.
Have your listings been removed in error?

If you believe there has been an error, please tell us why. Your explanation should include the following information:
-� How your account has not violated the rights owner"s intellectual property.
What happens if I do not send the requested information?

If we do not receive the requested information, your listings will remain inactive.
ASIN: 807QKT98JS(one or more)

Infringement type: Design Number: US 0847283
Complaint IO: 6215S4S051
3
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��·m Case 2:19-cv-05097-SMB Document 1-2 Filed 09/05/19 Page 12 of 39
A SECURE ONLINE SERVICE FROM UTAH.GOV Subscrib
DIVISION OF CORPORATIONS AND COMMERCIAL CODE
BUSINESS SEARCH
CSL HOLDINGS, LLC Update this Business I
Entity Number: 9741908-0160

Company Type: LLC - Domestic
Address: 216 S 200 W CEDAR CITY, UT 84720
State of Origin:
Registered Agent: Jim Douglas
Registered Agent Address:
216 South 200 West PO Box 1027 View Management Team I
Cedar City, UT 84 721
Status: Active Purchase Certificate of Existence
Status: Active as of 03/28/2016

Renew By: 03/31/2020
Status Description: Current
The "Current" status represents that a renewal has been filed, within the most recent renewal period,
with the Division of Corporations and Commercial Code.
Employment Verification: Not Registered with Verify Utah
History View Filed Documents
Registration Date: 03/28/2016

Last Renewed: 01/18/2019
Additional Information
3
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e 2:19-cv-05097-SMB Document 1-2 Filed 09/05/19 Page 15 o
SMB Document 1-2 Filed 09
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Contact Information
Te lephone:
Vi ew d e tails
Mobile Phone:
Ad dre ss: Room 3-1003,No. 9 Ch angjiang Road,N anji ng
Country/Region: China
Ms. Jenny Zhang Province/Sta t e: Jiangsu
Cit y: N anjing
() Chat Now!
B Contact Supp lier (____St_ar

_ t_or
_ d_ _er
___)
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800 West Main Street, Suite 1300 Rexford A. Johnson

Boise, Idaho 83702 A Professional Registered Patent Attorney
Main 208.562.4900 Law Corporation Direct 208.562.4905
Fax 208.562.4901 RJohnson@parsonsbehle.com
August 20, 2019
VIA EMAIL ONLY – NATHAN.BROWN@BROWNPATENTLAW.COM
Mr. Nathan Brown, Esq.

Brown Patent Law
Re: U.S. Design Patent No. D847,283 (“the ‘283 Patent”)

Title: RIPPLED STRAP FOR A PICKLEBALL PADDLE
Our Ref. No. 24666.008
Dear Mr. Brown:
This letter is in response to your letter received via email on August 19, 2019. Your letter
erroneously alleges serious false allegations against our client, CSL Holdings LLC (CSL). Despite
no existence of fraud by either CSL or myself, we have investigated your allegations, per your
demand. There is no foul play that needs rectifying.
You allege that your client “is unaware of the legal customs and policies of the United
States.” Apparently, your client is also unaware of the importance of being honest. We note Ms.
Yan has confirmed in writing as recently as yesterday that she invented the ripple strap on
pickleball paddles. It is also our belief, based on correspondence from Ms. Yan, that your client
previously offered $500,000 RMB if Ms. Yan would make a false statement that the patent is
invalid. Despite the attempted bribe, Ms. Yan has indicated she will refuse to make such a
statement despite the amount she is offered. This refutes all of the allegations in your letter.
Furthermore, baseless threats of criminal action and bar complaints in an attempt to force the
withdrawal the previously filed Amazon complaint is improper and unethical.
Despite the baseless allegations against CSL, our client would prefer to resolve this
situation sensibly. Please let us know if your client is amenable to discussing a license to sell its
remaining inventory of pickleball paddles with a rippled strap. In order to provide such an offer,
CSL needs to know the number of pickleball paddles with a ripple strap that remain in your client’s
inventory. Please provide this information and we will send a draft license agreement. Further,
we note that the license fee may increase the closer we get to the holidays. CSL would prefer to
wrap up this matter ASAP.
PARSONSBEHLE.COM
August 20, 2019

Page Two
Please feel free to contact me if you have any questions, concerns or comments.
Sincerely,
PARSONS BEHLE & LATIMER
Rexford A. Johnson
Registered Patent Attorney
RAJ:nb
Rexford A. Johnson
800 West Main Street, Suite 1300
Boise, ID 83702
Email: rjohnson@parsonsbehle.com
Sent Email Only
RE: US Design Patent No. D847283
Hi Mr. Johnson,
As you are aware, your Client CSL Holdings LLC, charged my Client with patent
infringement and had Amazon remove their products from Amazon’s website. Your
Client then demanded money in the form of licensing before they would allow our Client
to sell their merchandise on Amazon. Our Client continues to suffer financial harm
because of these charges of infringement by your Client.
Our Client does not speak English, and is unaware of the legal customs and policies of
the United States.
We received communication from our Clients (Dongguan Mingxuan Carbon Fibre

Technology LTD and Mingxuan Licensing LLC) that our Clients have been in contact
with Yang Xiao Yan address Room 620 Innovation Park No. 58 Tianyan East Rd
Jianging District, Jiangsu Nanjing China.
Ms. Yan informed our Client that she did not invent the Pickle Ball paddle for US
Design Patent No. D847,283.
We are in the process of having the written dialog professionally translated.
Our non-professional translation indicates that Ms. Yan explicitly said she did not invent
the paddle design and using incredulous Chinese characters stated that of course she
was not even capable of inventing such a thing.
Ms. Yan, we believe, further stated that she informed CSL Holdings LLC that she did
not invent the paddle. She further believes that she was tricked into signing the
patent, and believed that she was merely signing a contract with CSL Holdings
LLC.
15100 N 78th Way ∎ Suite 203 ∎ Scottsdale, AZ 85260 ∎ Phone: (602) 529-3474
Email: Office@brownpatentlaw.com ∎ Website: www.BrownPatentLaw.com
To substantiate this further we have other evidence that Ms. Yan is simply an exporter
of merchandise and received the paddle in question from a third party for her to export.
We understand that these charges are serious. We’ve asked our Clients, as a courtesy,
give you time to rectify and investigate this internally.
We are DEMANDING that you immediately conduct an investigation into the dealings of
your Client and the (what we believe) clearly false listing of Yang Xiao Yan as inventor
of the D847283 patent.
We will not be giving you our evidence for political reasons.
We ask that you conduct your own investigation, and contact Ms. Yan and your Client
directly. Then if these charges become conclusive, both you and your Client will have
continued this fraud willfully.
Our Clients have informed us that you have until 5 pm Wednesday August 21st, 2019
to remove the patent infringement charges on Amazon. If not, they are prepared to file,
on Thursday morning, State Bar charges and United States Patent Office charges
against Rex Johnson.
Our Clients have also informed us that we are to file a Federal Lawsuit in Arizona on
Friday August 23rd for at least a Declaratory Judgment and a ruling of invalidity against
your Client’s patent.
Our other concern is that your Client has done this same sort of thing to others,
falsifying inventorship and then demanding money. While we do not specialize in
Racketeering law, nor completely understand RICO, we believe that this falls within the
scope and could possibly be criminal.
If you would like to discuss this over the phone, we understand.
We sincerely hope we are wrong in our research or that if we are not, that your law firm
and Clients will investigate and rectify the foul play.
602-529-3474
Sincerely,
Nathan Brown
15100 N 78th Way ∎ Suite 203 ∎ Scottsdale, AZ 85260 ∎ Phone: (602) 529-3474
Email: Office@brownpatentlaw.com ∎ Website: www.BrownPatentLaw.com
3
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se 2:19-cv-05097-SMB DocumentI1-2 Filed 09/05/19 Page 30 of
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800 West Main Street, Suite 1300 Rexford A. Johnson

Boise, Idaho 83702 A Professional Registered Patent Attorney
Main 208.562.4900 Law Corporation Direct 208.562.4905
Fax 208.562.4901 RJohnson@parsonsbehle.com
August 23, 2019
VIA EMAIL ONLY – NATHAN.BROWN@BROWNPATENTLAW.COM
SUBJECT TO FRE 408
Mr. Nathan Brown, Esq.

Brown Patent Law
Re: U.S. Design Patent No. D847,283 (“the ‘283 Patent”)

Title: RIPPLED STRAP FOR A PICKLEBALL PADDLE
Our Ref. No. 24666.008
Dear Mr. Brown:
This letter is in response to your email of August 23, 2019 indicating that Brown Patent
Law will be filing for Declaratory Judgment in the Arizona District Court if CSL Holdings LLC
(CSL) if CSL “does not remove the charges of patent infringement from Amazon against our Client
by 5 pm PT today.” For many reasons, CSL believes that is improper and arbitrary, and requests
that at the least the deadline be extended until 5:00 PM Pacific Time on Friday August 30, 2019.
We just received your demand to investigate on Monday August 19, 2019. Even though we believe
such an investigation was unnecessary, we have begun the investigation, but feel it is not yet
complete. Additionally, CSL does not have the knowledge of which Amazon complaints your
client is demanding be withdrawn. As a reminder, we requested the specific Amazon complaint
ID(s) on August 12, 2019 and again on August 19, 2019. We have yet to receive notification of
the complaint ID(s). For at least this reason, we request the extension referenced above.
Your email alleges without explanation possible irreparable harm and that “MingXuan
licensing LLC will never be able to license in the United States.” As we have repeatedly informed
you and your client, CSL is willing to discuss a license for your client. In order to do so, we have
simply requested the amount of pickleball paddles having a rippled strap in your client’s current
inventory. We would be happy to send over a draft license agreement once that information is
received.
As we discussed over the phone on August 22nd, we recently received correspondence from
Yang Xiao Yan (“Jenny”) stating “I invented this ripple strap on pickleball paddles.” As you are
undoubtedly aware, Jenny previously signed a declaration that “I believe that I am the original
PARSONSBEHLE.COM
August 23, 2019

Page Two
inventor or an original joint inventor of a claimed invention in the application.” We believe that
your client may not understand the concept of inventorship for design patents, which is leading to
a misunderstanding. This appears to be confirmed by the statement in your August 19, 2019 letter
that “Ms. Yan informed our Client that she did not invent the Pickle Ball paddle for US Design
Patent No. D847,283.” Jenny did not invent the pickleball paddle. Instead, Jenny invented the
ornamental design for the ripple strap used on pickleball paddles, which is claimed in U.S. Design
Patent No. D847,283.
As stated above, CSL requests that the arbitrary deadline be extended until 5:00 PM
Pacific Time on Friday August 30, 2019. While CSL is willing and able to pursue this matter to
trial, if necessary, CSL believes that litigation is unnecessary to resolve this situation in a way
amicable for all parties. Once again, please let us know if your client is amenable to discussing a
license to sell its remaining inventory of pickleball paddles with a rippled strap. In order to provide
such an offer, CSL needs to know the number of pickleball paddles with a ripple strap that remain
in your client’s inventory. Please provide this information and we will send a draft license
agreement. Further, we note that the license fee may increase the closer we get to the holidays.
CSL would prefer to wrap up this matter ASAP.
Please feel free to contact me if you have any questions, concerns or comments.
Sincerely,
PARSONS BEHLE & LATIMER
Rexford A. Johnson
Registered Patent Attorney
RAJ:nb
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website: www.dgmxcf.com
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Mingxuan Licensing v. CSL Holdings - Complaint

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Mingxuan Licensing v. CSL Holdings - Complaint

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Case 2:19-cv-05097-SMB Document 1 Filed 09/05/19 Page 1 of 21

1 Nathan Brown (SBN #033482)

6 UNITED STATES DISTRICT COURT

22 1. This is an action for declaratory judgment of invalidity and non-

25 the U.S. Design Patent No. D846,674 (the ‘674 Patent”).

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

1 MingXuan Licensing LLC

4 under the laws of Arizona.

22 CSL HOLDINGS LLC

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

4 UT 84721 or PO BOX 1027 Cedar City, UT 84721. EXHIBIT C.

8 March 31, 2020. EXHIBIT C.

15 RIPPLED STRAP FOR A PICKLEBALL PADDLE

25 19. ‘283 patent was issued on April 30, 2019.

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

8 the United States patent application lists China.

15 26. On information and belief, Yang Xiao Yan is a pinyin name.

18 her Chinese name sounds like “Jiani” in English.

22 sales for Olanny Sports Co. LTD. EXHIBIT F.

25 General Manager over sales for Olanny. EXHIBIT G.

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

1 32. Niupipo trademark is registered to Dongguan Mingxuan Carbon Fibre

4 33. Dongguan Mingxuan Carbon Fibre Technology Co Ltd headquarters is in

8 exclusive license to Mingxuan Licensing LLC to sell their Niupipo

15 pickleball paddles, for patent infringement, claiming infringement of

18 37. On information and belief, CSL Holdings LLC removed Niupipo

22 JURISDICTION AND VENUE

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

8 and therefore Plaintiff cannot exercise their license on Amazon store.

11 claim pursuant to 28 U.S.C. 2201 et seq. based on Defendant’s

18 Investigation Establish the Existence of a Concrete and Immediate

22 issued on November 6, 2018.

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

4 parent company had no knowledge of Defendants’ patent.

8 46. On information and belief, a Defendant falsely claimed to Amazon that

11 sold on the Amazon store.

15 from Amazon Store for infringement of the ‘283 patent.

18 rackets except in pictures before demanding the products be removed

22 infringement of some of the pickleball paddles listed on Amazon that

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

1 51. On or before August 1, 2019, Amazon began removing the Niupipo

8 the demand of an agent of CSL Holdings LLC.

11 compared the Niupipo pickleball paddles to their ‘283 patent except in

15 compared the Niupipo pickleball paddles to their ‘674 patent except in

25 exercise their licensing of Niupipo pickleball paddles. EXHIBIT H.

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

1 exercise their license to sell Niupipo pickleball paddles online in the

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

1 64. A substantial, immediate and real controversy exists between MingXuan

4 and accusations to the Amazon Store and the representations therein,

8 of the ‘283 patent.

11 Licensing and Defendant based, in part, on Defendant’s demand emails

25 sell Defendants’ patented products.

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

1 68. Prior to CSL Holdings LLC accusations of patent infringement in 2019,

4 actual knowledge of the ‘283 patent.

8 actual knowledge of the ‘674 patent.

11 infringe on the claim.

18 paddles do not share the specific amount.

22 74. MingXuan Licensing LLC is entitled to judgment declaring that it does

25 offering to sell Defendant’s product.

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDTY

1 75. MingXuan Licensing LLC is entitled to judgment declaring that it does

4 offering to sell Defendant’s product.