Case 3:16-cv-07287-JSC Document 1 Filed 12/22/16 Page 1 of 4

1 Robert W. Payne, Esq. (Cal. Bar No. 73901)

PAYNE IP LAW
2 111 N. Market Street, Suite 300
3 San Jose, CA 95113
Telephone: (408) 981-4293
4 E-mail: payne@bobpayne.com
5 Attorney for Plaintiff
James Sanchez
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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES SANCHEZ, an individual,

) NO.
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) COMPLAINT
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Plaintiff,

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vs.

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ALLYNCE, INC, a California corporation and

RALPH DUDLEY, an individual,

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Defendants.

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Plaintiff James Sanchez complains against Defendants ALLYNCE, INC. and RALPH
DUDLEY as follows:

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1.

This is an action for patent infringement arising under 35 U.S.C. 101 et seq.

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Plaintiff owns exclusive rights in the ornamental designs claimed in United States Patent No.

22 D654,838 (hereafter Plaintiffs Patent).

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2.

Defendants and each of them have sold, offered for sale, distributed and used the

24 claimed design of Plaintiffs Patent on license plate frames, without plaintiffs permission.
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THE PARTIES
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Plaintiff JAMES SANCHEZ is an individual, residing in San Jose, California.

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COMPLAINT
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4.

On information and belief, Defendant ALLYNCE, INC. is a California

2 corporation, with a principal place of business in Rowland Heights, California.

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Defendant RALPHY DUDLEY is an individual, residing in West Covina,

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California.
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JURISDICTION AND VENUE

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6. This action arises under the patent laws of the United States, Title 35, United States

8 Code. This Court has subject matter over this action pursuant to 28 U.S.C. 1331 and 1338.
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7. On information and belief, this Court has personal jurisdiction over defendants at least
because each of the defendants continuously and systematically does business in this District,
and also because each of the defendants in engaged in selling, distributing and offering to sell or

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distribute license plate frames that infringe Plaintiffs Patent.

8. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400 at least

15 because Defendant Allynce, Inc. is a corporation and because each of the defendants is
16 committing acts of patent infringement in this District by selling, distributing and offering to sell
17 or distribute items that infringe Plaintiffs Patent.
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FACTUAL ALLEGATIONS
9. On or about February 28, 2012, Plaintiffs Patent was issued to plaintiff. A true and

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correct copy of Plaintiffs Patent is attached hereto as Exhibit A.

10. On information and belief, at least since September 28, 2015, defendants have been

23 selling, offering for sale and using a license plate frame (hereafter Defendants design) in
24 commerce in the United States.
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11. To the ordinary observer, the two designs are substantially the same. The designs
are as follows:

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COMPLAINT
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Case 3:16-cv-07287-JSC Document 1 Filed 12/22/16 Page 3 of 4

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Defendants design

Design in Plaintiffs Patent

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FIRST CLAIM FOR RELIEF

(Infringement Under 35 U.S.C. 272 of Plaintiffs Patent)

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12. Plaintiff realleges and incorporates by reference the allegations set forth in the
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paragraphs immediately preceding.

13. Defendants, without authorization from plaintiff, have made, used, offered for sale,

13 sold and distributed license plate frames that infringe Plaintiffs Patent.
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14. On or about September 28, 2015, plaintiff notified defendants by letter, demanding
that they cease and desist from such activities. Defendants have failed and refused to comply.
15. In the eye of the ordinary observer, giving such attention as a purchaser usually gives,

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Defendants design and the designs shown in Plaintiffs Patent are substantially the same, such
that Defendants design would deceive an ordinary observer, inducing him, her or it to purchase

20 one supposing it to be the other.

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16. As a result of such infringement, plaintiff has been damaged, and defendants have

22 reaped wrongful profits. Moreover, plaintiff has been and will continue to be irreparably harmed
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by defendants infringements of Plaintiffs Patent.

17. Defendants conduct is willful and malicious, in that he is acting with full knowledge

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of the existence and enforceability of Plaintiffs Patent. Defendants have acted with willful

27 disregard for the rights of plaintiff.

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COMPLAINT
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WHEREFORE, plaintiff respectfully requests that the Court grant the following relief:

1. A judgment that defendants, and each of them, have infringed Plaintiffs Patent;

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2. A permanent injunction enjoining defendants, and each of them, and all persons acting
in concert with Defendants, from infringing Plaintiffs Patent;

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3. A judgment and order requiring defendants, and each of them, to pay plaintiff all

7 damages caused by defendants infringement (but in no event less than a reasonable royalty)
8 pursuant to 35 U.S.C. 284, or the total profit made by defendants from their infringement of the
9 product, pursuant to 35 U.S.C. 289;
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4. A judgment and order requiring defendants, and each of them, to pay plaintiff
increased damages up to three times the amount found or assessed pursuant to section 284;

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5. A determination that this action is an exceptional case pursuant to 35 U.S.C. 285;

6. An award of plaintiffs attorneys fees for bringing and prosecuting this action;
7. An award of plaintiffs costs and expenses incurred in bringing and prosecuting this

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8. Such further and additional relief as this Court deems just and proper.

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DEMAND FOR JURY TRIAL

Plaintiff hereby demands a jury for all issues so triable.

Dated: December 16, 2016

Respectfully submitted,

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PAYNE IP LAW
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By__________/s/________________________
Robert W. Payne
Attorney for Plaintiff
JAMES SANCHEZ

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COMPLAINT
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