Case 3:20-cv-03182 Document 1 Filed 05/08/20 Page 1 of 6

1
ARI LAW, P.C.
2 ALI A. AALAEI, Cal. State Bar No. 254713
90 New Montgomery St., Suite 900
3 San Francisco, CA 94105
Tel: 415-830-9968
4 Fax: 415-520-9456
5 Attorneys for Plaintiff
SANHO CORPORATION
6

8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10

11 SANHO CORPORATION, a California Case No.

corporation;
12 COMPLAINT FOR
Plaintiff,
13 (1) PATENT INFRINGEMENT
v.
(2) UNFAIR BUSINESS PRACTICES
14
ALOGIC USA LLC, a California limited
15 liability company; and DOES 1-10, DEMAND FOR JURY TRIAL

16 Defendants.

17

18

19
20

21

22

23

24

25

26

27

28

COMPLAINT
Case No.
 Case 3:20-cv-03182 Document 1 Filed 05/08/20 Page 2 of 6

1 Plaintiff, SANHO CORPORATION (“Plaintiff”), for all causes of action against

2 Defendant ALOGIC USA LLC, alleges as follows:

3
INTRODUCTION
4
1. This action arises from the unfair, unlawful, and fraudulent acts and practices of
5
defendant ALOGIC USA LLC (“Defendant”). Defendant has, to the detriment of the Plaintiff
6
Sanho Corporation (“Plaintiff”), as set forth below, unlawfully infringed, copied, and trampled
7 upon Plaintiff’s intellectual property rights and economic advantage by engaging in unfair
8 competition. Defendants’ unlawful and unfair conduct is comprised of violations of the
9 California Unfair Business Practices Act, the False Advertising Law, the Patent Act, and the
10 Lanham Act. Defendants’ conduct was willful, and Plaintiff suffered harm. Accordingly,
11 Plaintiff prays for monetary and injunctive relief, as set forth herein.
12
JURISDICTION
13
2. This is a civil action seeking damages and injunctive relief for patent infringement under
14
the Patent Act, 35 U.S.C. § 101, et seq.
15
3. This Court has subject matter jurisdiction over Plaintiff’s claims pursuant to 28 U.S.C. §§
16
1331, and 1338.
17
4. This Court has personal jurisdiction over the Defendant because, among other things,
18
defendants including Does are doing business in the State of California and in this judicial
19 district, the acts of infringement complained of herein occurred in the State of California and in
20 this judicial district, and defendants have caused injury to Plaintiff and its goodwill, and
21 intellectual property within the State of California, and in this judicial district.
22
INTRADISTRICT ASSIGNMENT
23
5. Pursuant to Civil L.R. 3-2(c), this case should be subject to district-wide assignment
24
because it is an Intellectual Property Action.
25

26
VENUE
27
6. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b), (c), and 1400(b).
28
–1–
COMPLAINT
CASE NO.
 Case 3:20-cv-03182 Document 1 Filed 05/08/20 Page 3 of 6

1 THE PARTIES

2 7. Plaintiff is a California corporation with its principal place of business in Fremont, CA

3 and does business in California and in the United States.

4 8. Defendant ALOGIC USA LLC, is a California limited liability company doing business
in California.
5
9. Plaintiff does not know the true names and capacity of defendants sued herein as DOES 1-
6
10, and therefore sues these defendants by such fictitious names. Plaintiff is informed and
7
believes, and on the basis of that information and belief alleges, that each of the defendants was in
8
some manner legally responsible for the events and happenings alleged in this complaint and for
9
Plaintiff’s damages. Plaintiff will amend this complaint to allege their true names and capacities
10
when ascertained.
11

12
GENERAL AVERMENTS
13
10. Plaintiff Sanho Corporation is a technology company based in Fremont, CA.
14
11. Plaintiff, on or around December 5, 2016, released the “HyperDrive” product, which was
15
the first USB-C hub with 2 USB-C connectors. Plaintiff’s product was widely reported in the
16
media and Plaintiff went on to raise over $3.1M on both Kickstarter and Indigogo. Plaintiff is the
17
assignee of the following United States patents:
18

19 • United States Utility Patent No. US 10,572,429

• United States Design Patent No. US D855,616
20 • United States Design Patent No. US D813,875
21 • United States Design Patent No. US D844,618

22
12. HyperDrive started shipping in January 2017. Plaintiff’s HyperDrive product had gained
23 secondary meaning, with regard to the quality, warranties, and affiliation with the Sanho and
24 HyperDrive brand name in the marketplace.
25 13. However, on or around 2019, ALOGIC copied the product and commenced selling The
26 ALOGIC Surface Pro Dock Portable - Ultra Series –available at
27 https://www.alogic.co/us/catalog/product/view/id/4046/ and the ALOGIC USB-C MacBook
28
–2–
COMPLAINT
CASE NO.
 Case 3:20-cv-03182 Document 1 Filed 05/08/20 Page 4 of 6

1 Dock Nano Gen 2 - available at https://www.alogic.co/us/catalog/product/view/id/4038/s/alogic-

2 usb-c-macbook-dock-nano-gen-2-space-grey which was an effort to counterfeit Plaintiff’s

3 HyperDrive multi-function docking station.

4 14. Defendants have misappropriated Plaintiff’s ideas, inventions, intellectual property,

efforts, investments, and assets. As a result Plaintiff suffered losses and injury to its intellectual
5
property and goodwill. Defendants also sold inferior products causing further harm to Sanho
6
Corporation.
7
15. In fact, on or around April 24, 2020, Plaintiff sent written notice to Defendant regarding
8
Defendant’s infringement and demanded that Defendant immediately cease and desist.
9
Defendant refused to cease and desist and has continued its unfair and unlawful scheme. Plaintiff
10
is entitled to injunctive relief and redress for Defendant’s willful, intentional and purposeful use
11
and exploitation of Plaintiff’s intellectual property with full knowledge that such use constituted
12
infringement of, and was in disregard of, Plaintiff’s rights, also constituting unfair business
13
practices.
14

15 COUNT I

16 (Patent Infringement)
(35 U.S.C. § 271)
17
16. Plaintiff re-alleges and incorporates by reference all paragraphs of this Complaint.
18
17. Defendant has made, used, sold, and offered to sell products infringing the patents-in-suit.
19
18. Plaintiff has suffered damages as the result of Defendant’s infringement.
20
19. Defendant’s infringement is willful, as Plaintiff has demanded that Defendant cease from
21
infringement and the unfair business practices, but Defendant, and its affiliates and agents
22
continue to advertise, sell, and/or offer for sale, the infringing products.
23
20. As a direct and proximate result of the foregoing acts and conduct, Plaintiff has sustained
24
and will continue to sustain substantial, immediate, and irreparable injury, for which there is no
25
adequate remedy at law. Plaintiff is informed and believed and on that basis avers that unless
26
enjoined and restrained by this Court, Defendant will continue to infringe Plaintiff’s rights.
27

28
–3–
COMPLAINT
CASE NO.
 Case 3:20-cv-03182 Document 1 Filed 05/08/20 Page 5 of 6

1 Plaintiff is entitled to preliminary and permanent injunctive relief to restrain and enjoin

2 Defendant’s continuing infringing conduct.

5 COUNT II
6 (Violation of California Unfair Business Practices Act)
7 (Cal. Bus. & Prof. Code Section 17200)
8 29. Plaintiff herein re-alleges and incorporates by reference each and every allegation
9 contained in the instant pleading.
10 32. Defendant has misled, and has attempted to mislead, consumers into believing that the
11 copied product is Plaintiff’s product. Defendant has also violated California False Advertising
12 Law set forth under Section 17500 of the California Business & Professions Code.
13 33. Defendant’s conduct, including but not limited to, violations of applicable statutes and
14 laws, constitutes unlawful, unfair, and fraudulent business practices in violation of, inter alia,
15 California Business and Professions Code § 17200, et seq.
16 34. Defendant’s conduct was an unlawful practice under § 17200.
17 35. Defendant’s conduct was immoral, unethical, oppressive, and unscrupulous constituting
18 unfair business practices under California Business and Professions Code § 17200.
19 36. Defendant lost money and/or property as a result of Defendant’s unlawful, unfair, and
20 fraudulent acts.
21 37. Defendant’s conduct was a substantial factor in causing Plaintiff’s harm.
22 38. Pursuant to California Business and Professions Code § 17203, Plaintiff seek an order
23 enjoining Defendant from engaging in further unlawful, unfair, and/or fraudulent business acts,
24 and restitution of money and/or property Plaintiff has lost on account of such acts.
25

26 //
27 //

28
–4–
COMPLAINT
CASE NO.
 Case 3:20-cv-03182 Document 1 Filed 05/08/20 Page 6 of 6

1 JURY TRIAL DEMAND

2 Plaintiff hereby demands a trial by jury.

4 PRAYER FOR RELIEF

5 1. That judgment be entered in favor of Plaintiff against Defendant;
6 2. That Defendants be preliminarily and permanently enjoined from infringement;
7 3. That Plaintiff be awarded compensatory, lost profits, and special damages for the
8 infringement in an amount to be determined at trial;
9 4. That the Court otherwise award Plaintiff enhanced damages and attorneys’ fees;
10 5. That Plaintiff be awarded costs of this suit, including but not limited to attorney’s fees;

11 6. That Plaintiff be awarded pre-judgment interest;

12 7. For any statutory damages or penalties;

13 8. For an accounting of, and the imposition of a constructive trust with respect to,

14 Defendant’s profits attributable to their infringements of Plaintiff’s intellectual property;

15 9. For such other and further relief as the Court may deem just and proper.

16
WHEREFORE, a demand for jury trial is made.
17

18 Respectfully submitted,
19 Dated: May 8, 2020
20 ARI LAW, P.C.
21

22

23 By: /s/ Ali A. Aalaei

24 ARI LAW, P.C.

Ali Ari Aalaei, Esq.
25 90 New Montgomery St.
Suite 900
26 San Francisco, CA 94105
Tel: 415-830-9968 Fax:
27 415-520-9456
Attorneys for Plaintiff
28 Sanho Corporation
–5–
COMPLAINT
CASE NO.