Cambria v. Quartz Master - Complaint

Case 2:20-cv-01637 Document 1 Filed 02/14/20 Page 1 of 10 PageID: 1
Charles H. Chevalier
Christine A. Gaddis
GIBBONS P.C.
One Gateway Center
Newark, New Jersey 07102-5310
Phone: 973-596-4500
Fax: 973-596-0545
Of Counsel:
John C. Adkisson
Elizabeth M. Flanagan
FISH & RICHARDSON P.C.
3200 RBC Plaza
60 South Sixth Street
Minneapolis, Minnesota 55402
Phone: 612-335-5070
Fax: 612-288-9696
Attorneys for Plaintiff Cambria Company LLC
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
Cambria Company LLC,
Plaintiff,
v. Civil No.____________ _____
Quartz Master, LLC and Raphael Stone DEMAND FOR JURY TRIAL
Collection Inc.,
Defendants.
COMPLAINT FOR PATENT INFRINGEMENT
For its Complaint against Defendants Quartz Master, LLC and Raphael Stone
Collection Inc. (collectively “Defendants”), Plaintiff Cambria Company LLC
(“Cambria”), states and alleges the following:

PARTIES
1. Plaintiff Cambria is a Minnesota limited liability company with its principal
place of business at 805 Enterprise Drive East, Suite H, Belle Plaine, MN 56011 USA.
2. Upon information and belief, Defendant Quartz Master is a New Jersey
limited liability company (“Quartz Master”) with its principal place of business at 101 E.
2nd Street, Bayonne, NJ 07002, USA. Quartz Master also has several locations
throughout the United States and Canada.
3. Upon information and belief, Defendant Raphael Stone Collection Inc. is a
New Jersey domestic profit corporation (“Raphael Stone”) with its principal place of
business at 6-9 Park Place, Lodi, NJ 07644, USA. Raphael Stone also has several
locations throughout the United States and Israel.
JURISDICTION AND VENUE
4. Cambria’s claims arise under the patent laws of the United States, 35
U.S.C. §§ 1 et seq. Subject matter jurisdiction exists pursuant to 28 U.S.C. §§ 1331 and
1338(a).
5. This Court has personal jurisdiction over Quartz Master. Upon information
and belief, Quartz Master has a physical place of business in this judicial district located
at 101 E. 2nd Street, Bayonne, NJ 07002, USA. Quartz Master has also committed the
tortious acts complained of herein in New Jersey, including, but not limited to using,
selling, and/or offering for sale the infringing products accused herein, and directs its
infringing products at the residents in the State of New Jersey and in this judicial district.
2
Quartz Master distributes its infringing products within this judicial district. Finally,
Cambria’s claims arise out of or relate to Quartz Master’s activities in New Jersey.
6. This Court has personal jurisdiction over Raphael Stone. Upon information
and belief, Raphael Stone has a physical place of business in this judicial district located
at 6-9 Park Place, Lodi, NJ 07644, USA. Raphael Stone has also committed the tortious
acts complained of herein in New Jersey, including, but not limited to using, selling, or
offering for sale the infringing products accused herein, and directs its infringing
products at the residents in the State of New Jersey and in this judicial district. Raphael
Stone distributes its infringing products within this judicial district. Finally, Cambria’s
claims arise out of or relate to Raphael Stone’s activities in New Jersey.
7. Joinder of Quartz Master and Raphael Stone in this same action is
appropriate pursuant to 35 U.S.C. § 299 because the (1) the infringement described below
arises from the same series of transactions or occurrences relating to using, importing into
the United States, offering for sale, or selling of the same Accused Products; and (2) the
infringement described below involves questions of fact common to both Quartz Master
and Raphael Stone.
8. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and
1400(b) because Defendants have committed acts of infringement in this judicial district
where the infringing product can be found, and have regular and established physical
places of business in this judicial district. Defendants also do business in this judicial
district through a permanent and continuous presence here.
3
FACTUAL BACKGROUND
9. Plaintiff Cambria is an industry leader in the design and manufacture of
natural quartz surface products. Cambria’s natural quartz surface products have a variety
of uses in homes and businesses, including, but not limited to, countertops, floor tiles,
vanities, fireplace surrounds, wet bars, and showers.
10. Cambria is an innovator in creating original, unique, and distinct designs
for its natural quartz surface products. To protect these designs, Cambria has sought and
received intellectual property protection for its designs, including, but not limited to,
United States Design Patent D780,332 (the “D’332 patent”).
11. The D’332 patent issued on February 28, 2017. Cambria is the owner of
the D’332 patent by assignment. The D’332 patent is valid, enforceable, and duly issued
in compliance with Title 35 of the United States Code. A true and correct copy of the
D’332 patent is attached as Exhibit A.
12. The D’332 patent is entitled “An Ornamental Design for a Slab.” The sole
figure from the D’332 patent is shown below:
13. Cambria’s Brittanicca™ quartz surface product from its Marble
Collection™ features the design of the D’332 patent.
4
14. Cambria’s Brittanicca™ product has been marked in accord with 35 U.S.C.
§ 287. Cambria marks the D’332 patent number on slab labels and sample labels.
Defendant Quartz Master
15. Upon information and belief, Defendant Quartz Master is engaged in the
quartz surface products industry.
16. Cambria has not authorized Quartz Master to copy, reproduce,
manufacture, duplicate, disseminate, distribute, sell, offer for sale, or display quartz
surface products with the design from the D’332 patent.
17. Upon information and belief, Quartz Master offers for sale and sells Quartz
Master’s “Calacutta Blois” product number QM9732. The design of the Calacutta Blois
product copies the design in the D’332 patent.
18. Quartz Master offers for sale the Calacutta Blois product through at least
the following website: https://www.quartzmasters.com/portfolio-item/qm-9732-
calacutta-blois/ (last visited February 13, 2020).
19. Quartz Master’s infringing Calacutta Blois product is depicted below as
compared to the ornamental design claimed in the D’332 patent.
5
Quartz Master Calacutta Blois Product Cambria D’332 Patent
Defendant Raphael Stone
20. Upon information and belief, Defendant Raphael Stone is engaged in the
quartz surface products industry.
21. Upon information and belief, Defendant Quartz Master’s Chief Executive
Officer and Lead Designer sold Quartz Master and started Raphael Stone in 2019.
https://www.raphaelstoneusa.com/acher-cohen-starts-raphael-stone-collection/ (last
visited February 13, 2020).
22. Cambria has not authorized Raphael Stone to copy, reproduce,
manufacture, duplicate, disseminate, distribute, sell, offer for sale, or display quartz
surface products with the design from the D’332 patent.
6
23. Upon information and belief, Raphael Stone offers for sale and sells
Raphael Stone’s “Calacatta Blois” product number RQ09732. The design of the
Calacatta Blois product copies the design in the D’332 patent.
24. Raphael Stone offers for sale the Calacatta Blois product through at least
the following website: https://www.raphaelstoneusa.com/collections-item/rq09732-
calacatta-blois/ (last visited February 13, 2020).
Raphael Stone’s infringing Calacatta Blois product is depicted below as compared to the
ornamental design claimed in the D’332 patent.
Raphael Stone Calacatta Blois Product Cambria D’332 Patent
25. The Calacatta Blois product offered for sale by Quartz Master and the
Calacatta Blois product offered for sale by Raphael Stone feature the claimed design of
the D’332 patent. (Quartz Master Calacatta Blois and Raphael Stone Calacutta Blois
hereinafter collectively referred to as “Products.”)
7
26. Without Cambria’s authorization, Defendants have made, used, sold,
offered for sale, and/or imported into the United States, including, but not limited to, New
Jersey, the Products that infringe the D’332 patent.
27. An ordinary observer, familiar with the prior art in the field, would perceive
the overall appearance of the design of the D’332 patent and the designs of the Products
to be substantially the same. Such an ordinary observer would be deceived into believing
that the Products are the same as the design claimed in the D’332 patent.
28. The ordinary observer, informed by the relevant prior art, would be misled
by the Products into believing that the Defendants are authorized to distribute products
that copy the ornamental design claimed in the D’332 patent.
COUNT 1: DEFENDANT’S INFRINGEMENT OF THE D’332 PATENT
29. Cambria incorporates by reference, as if fully set forth herein, paragraphs 1-
28 of this Complaint.
30. On February 28, 2017, the United States Patent and Trademark Office duly
and legally issued the D’332 patent.
31. The D’332 patent is directed to an “an ornamental design for a slab” as
shown in the sole figure of the D’332 patent.
32. Cambria is the owner of the D’332 patent by assignment.
33. Defendants have made, used, sold, and/or offered for sale within the United
States and/or imported into the United States, one or more accused products, including,
but not limited to, the Products. The design of the Products, in the eye of the ordinary
8
observer who is familiar with the prior art in the field, appears substantially similar to the
ornamental design of the D’332 patent.
34. Defendants have damaged and will continue to damage Cambria in an
amount to be determined at trial.
35. Defendants have irreparably injured Cambria and such injury will continue
unless Defendants are enjoined by this Court.
WHEREFORE, in consideration of the foregoing, Cambria respectfully requests
that this Court enter an Order granting the following relief:
A. Enjoin Defendants and any person acting in concert with them from further
infringement of the D’332 patent pursuant to 35 U.S.C. § 283;
B. Declare that the D’332 patent is valid, enforceable, and infringed by
Defendants; and
C. Award Cambria the profits of Defendants, in accordance with 35 U.S.C. §
289, resulting from Quartz Master’s and Raphael Stone’s infringement of the D’332
patent, actual damages to Cambria in an amount not less than a reasonable royalty for
Quartz Master’s and Raphael Stone’s infringement, and other damages and relief allowed
as by 35 U.S.C. § 284:
(i) order the removal from the marketplace and destruction of all of
Defendants’ products that infringe the D’332 patent;
(ii) prohibit Defendants from further using, selling, offering for sale, or
importing all of Defendant’s products that infringe the D’332 patent;
(iii) award Cambria its reasonable attorney fees;
(iv) award Cambria interest and costs;
9
(v) order an accounting of Defendants’ profits relating to infringement

of the D’332 patent;
(vi) order Defendants to report to this Court of its compliance with the
foregoing within thirty (30) days of judgment; and
(vii) other and further relief that the Court deems just and proper.
DEMAND FOR JURY TRIAL
Cambria hereby demands a jury trial on all issues.
Dated: February 14, 2020 Respectfully submitted,
By: s/ Charles H. Chevalier

Christine A. Gaddis
GIBBONS P.C.
One Gateway Center
Newark, NJ 07102
Telephone: (973) 596-4500
Facsimile: (973) 596-0545
cchevalier@gibbonslaw.com
cgaddis@gibbonslaw.com
John C. Adkisson (pro hac vice pending)

3200 RBC Plaza
Minneapolis, MN 55402
Telephone: (612) 335-5070
Facsimile: (612) 288-9696
adkisson@fr.com
betsy.flanagan@fr.com
Attorneys for Plaintiff Cambria Company LLC
10
Case 2:20-cv-01637 Document 1-1 Filed 02/14/20 Page 1 of 6 PageID: 11
EXHIBIT A
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Cambria Company LLC Quartz Master, LLC and Raphael Stone Collection Inc.
(b) County of Residence of First Listed Plaintiff Scott County, Minnesota County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Gibbons, P.C.; Charles H. Chevalier, Christine A. Gaddis

One Gateway Center, Newark, NJ 07102; (973) 596-4500
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
" 1 U.S. Government " 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State " 1 " 1 Incorporated or Principal Place " 4 " 4
of Business In This State
" 2 U.S. Government " 4 Diversity Citizen of Another State " 2 " 2 Incorporated and Principal Place " 5 " 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a " 3 " 3 Foreign Nation " 6 " 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
" 110 Insurance PERSONAL INJURY PERSONAL INJURY " 625 Drug Related Seizure " 422 Appeal 28 USC 158 " 375 False Claims Act
" 120 Marine " 310 Airplane " 365 Personal Injury - of Property 21 USC 881 " 423 Withdrawal " 376 Qui Tam (31 USC
" 130 Miller Act " 315 Airplane Product Product Liability " 690 Other 28 USC 157 3729(a))
" 140 Negotiable Instrument Liability " 367 Health Care/ " 400 State Reapportionment
" 150 Recovery of Overpayment " 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS " 410 Antitrust
& Enforcement of Judgment Slander Personal Injury " 820 Copyrights " 430 Banks and Banking
" 151 Medicare Act " 330 Federal Employers’ Product Liability " 830 Patent " 450 Commerce
" 152 Recovery of Defaulted Liability " 368 Asbestos Personal " 835 Patent - Abbreviated " 460 Deportation
Student Loans " 340 Marine Injury Product New Drug Application " 470 Racketeer Influenced and
(Excludes Veterans) " 345 Marine Product Liability " 840 Trademark Corrupt Organizations
" 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY " 480 Consumer Credit
of Veteran’s Benefits " 350 Motor Vehicle " 370 Other Fraud " 710 Fair Labor Standards " 861 HIA (1395ff) " 490 Cable/Sat TV
" 160 Stockholders’ Suits " 355 Motor Vehicle " 371 Truth in Lending Act " 862 Black Lung (923) " 850 Securities/Commodities/
" 190 Other Contract Product Liability " 380 Other Personal " 720 Labor/Management " 863 DIWC/DIWW (405(g)) Exchange
" 195 Contract Product Liability " 360 Other Personal Property Damage Relations " 864 SSID Title XVI " 890 Other Statutory Actions
" 196 Franchise Injury " 385 Property Damage " 740 Railway Labor Act " 865 RSI (405(g)) " 891 Agricultural Acts
" 362 Personal Injury - Product Liability " 751 Family and Medical " 893 Environmental Matters
Medical Malpractice Leave Act " 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS " 790 Other Labor Litigation FEDERAL TAX SUITS Act
" 210 Land Condemnation " 440 Other Civil Rights Habeas Corpus: " 791 Employee Retirement " 870 Taxes (U.S. Plaintiff " 896 Arbitration
" 220 Foreclosure " 441 Voting " 463 Alien Detainee Income Security Act or Defendant) " 899 Administrative Procedure
" 230 Rent Lease & Ejectment " 442 Employment " 510 Motions to Vacate " 871 IRS—Third Party Act/Review or Appeal of
" 240 Torts to Land " 443 Housing/ Sentence 26 USC 7609 Agency Decision
" 245 Tort Product Liability Accommodations " 530 General " 950 Constitutionality of
" 290 All Other Real Property " 445 Amer. w/Disabilities - " 535 Death Penalty IMMIGRATION State Statutes
Employment Other: " 462 Naturalization Application
" 446 Amer. w/Disabilities - " 540 Mandamus & Other " 465 Other Immigration
Other " 550 Civil Rights Actions
" 448 Education " 555 Prison Condition
" 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
" 1 Original " 2 Removed from " 3 Remanded from " 4 Reinstated or " 5 Transferred from " 6 Multidistrict " 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 1 et seq.
VI. CAUSE OF ACTION Brief description of cause:
This is an action for infringement of U.S. Design Patent No. D780,332.
VII. REQUESTED IN " CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: " Yes " No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
February 14, 2020 s/ Charles H. Chevalier
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 06/17)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Christine A. Gaddis
GIBBONS P.C.
One Gateway Center
Phone: 973-596-4500
Fax: 973-596-0545
Of Counsel:
John C. Adkisson
3200 RBC Plaza
Phone: 612-335-5070
Fax: 612-288-9696
Attorneys For Plaintiff Cambira Company LLC
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
CAMBRIA COMPANY LLC,
Plaintiff,
C.A. No. _______________
v.
QUARTZ MASTER, LLC and RAPHAEL STONE

COLLECTION INC.,
Defendants.
CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 11.2
I, Charles H. Chevalier, admitted to the bars of the State of New Jersey and this Court, and
a Director in the law firm of Gibbons P.C., representing Plaintiff Cambria Company LC, hereby
certify that the mater in controversy is not the subject of any other action pending in any court,
arbitration or administrative proceeding.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
Dated: February 14, 2020
Respectfully submitted,
GIBBONS P.C.
By: s/ Charles H. Chevalier
Christine A. Gaddis
GIBBONS P.C.
One Gateway Center
(973) 596-4500
cchevalier@gibbonslaw.com
cgaddis@gibbonslaw.com
Of counsel:

John C. Adkisson
3200 RBC Plaza
Phone: 612-335-5070
Fax: 612-288-9696
adkisson@fr.com
betsy.flanagan@fr.com
Attorneys for Cambria Company LLC

Cambria v. Quartz Master - 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

Cambria v. Quartz Master - Complaint

Caricato da

Copyright:

Formati disponibili

Case 2:20-cv-01637 Document 1 Filed 02/14/20 Page 1 of 10 PageID: 1

Attorneys for Plaintiff Cambria Company LLC

UNITED STATES DISTRICT COURT

Cambria Company LLC,

v. Civil No.____________ _____

COMPLAINT FOR PATENT INFRINGEMENT

Collection Inc. (collectively “Defendants”), Plaintiff Cambria Company LLC

(“Cambria”), states and alleges the following:

1. Plaintiff Cambria is a Minnesota limited liability company with its principal

2. Upon information and belief, Defendant Quartz Master is a New Jersey

throughout the United States and Canada.

3. Upon information and belief, Defendant Raphael Stone Collection Inc. is a

locations throughout the United States and Israel.

JURISDICTION AND VENUE

claims arise out of or relate to Raphael Stone’s activities in New Jersey.

7. Joinder of Quartz Master and Raphael Stone in this same action is

and Raphael Stone.

8. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and

district through a permanent and continuous presence here.

9. Plaintiff Cambria is an industry leader in the design and manufacture of

vanities, fireplace surrounds, wet bars, and showers.

10. Cambria is an innovator in creating original, unique, and distinct designs

United States Design Patent D780,332 (the “D’332 patent”).

D’332 patent is attached as Exhibit A.

figure from the D’332 patent is shown below:

13. Cambria’s Brittanicca™ quartz surface product from its Marble

Collection™ features the design of the D’332 patent.

Defendant Quartz Master

quartz surface products industry.

16. Cambria has not authorized Quartz Master to copy, reproduce,

surface products with the design from the D’332 patent.

product copies the design in the D’332 patent.

the following website: https://www.quartzmasters.com/portfolio-item/qm-9732-

calacutta-blois/ (last visited February 13, 2020).

19. Quartz Master’s infringing Calacutta Blois product is depicted below as

compared to the ornamental design claimed in the D’332 patent.

Quartz Master Calacutta Blois Product Cambria D’332 Patent

Defendant Raphael Stone

quartz surface products industry.

visited February 13, 2020).

22. Cambria has not authorized Raphael Stone to copy, reproduce,

surface products with the design from the D’332 patent.

Calacatta Blois product copies the design in the D’332 patent.

the following website: https://www.raphaelstoneusa.com/collections-item/rq09732-

calacatta-blois/ (last visited February 13, 2020).

ornamental design claimed in the D’332 patent.

Raphael Stone Calacatta Blois Product Cambria D’332 Patent

hereinafter collectively referred to as “Products.”)

26. Without Cambria’s authorization, Defendants have made, used, sold,

Jersey, the Products that infringe the D’332 patent.

that copy the ornamental design claimed in the D’332 patent.

COUNT 1: DEFENDANT’S INFRINGEMENT OF THE D’332 PATENT

29. Cambria incorporates by reference, as if fully set forth herein, paragraphs 1-

and legally issued the D’332 patent.

shown in the sole figure of the D’332 patent.

32. Cambria is the owner of the D’332 patent by assignment.

ornamental design of the D’332 patent.

34. Defendants have damaged and will continue to damage Cambria in an

amount to be determined at trial.

unless Defendants are enjoined by this Court.

WHEREFORE, in consideration of the foregoing, Cambria respectfully requests

that this Court enter an Order granting the following relief:

infringement of the D’332 patent pursuant to 35 U.S.C. § 283;

B. Declare that the D’332 patent is valid, enforceable, and infringed by

v. Civil No.________ _