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Case 3:19-cv-01599-G Document 1 Filed 07/02/19 Page 1 of 19 PageID 1

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

SOUTHERN GRACE APPAREL, LLC,


Case No. 3:19-cv-01599
Plaintiff,

v.
JURY TRIAL DEMANDED
MAKEUP JUNKIE BAGS, LLC,

Defendant.

PLAINTIFF’S ORIGINAL COMPLAINT

Plaintiff Southern Grace Apparel, LLC (“Southern Grace”) files this Complaint against

Defendant Makeup Junkie Bags, LLC (“Makeup Junkie” or “Defendant”) for false patent marking

in violation of 35 U.S.C. § 292(a) and (b) and false advertising under 15 U.S.C. § 1125(a) of the

Lanham Act, as well as tortious interference with existing contract and business disparagement

under Texas law. Southern Grace seeks actual, special, exemplary, and treble damages, injunctive

relief, and its reasonable attorney’s fees and costs of suit from Makeup Junkie. In addition, Southern

Grace seeks a declaration that its products do not infringe any patent or federal trademark or trade

dress rights of Makeup Junkie.

PARTIES

1. Plaintiff Southern Grace Apparel, LLC is a limited liability company organized under

the laws of the State of Texas, with an office at 2117 Torin Street, Lewisville, Texas 75056.

2. Defendant Makeup Junkie Bags, LLC is a limited liability company organized under

the laws of the State of Texas with an office at 11133 Interstate 45 S, Suite 320, Conroe, Texas

PLAINTIFF’S ORIGINAL COMPLAINT


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77302. Defendant can be served with process through its registered agent, Meredith J. Jurica, 12625

Maggie Lane, Willis, Texas 77318.

JURISDICTION AND VENUE

3. This is an action for false patent marking arising under the Patent Act, 35 U.S.C. §

292(a) and (b), false advertising under 15 U.S.C. § 1125(a) (Section 43 of the Lanham Act), for

tortious interference with contract and business disparagement under Texas law, and for declaratory

judgment.

4. The Court has original jurisdiction over the subject matter of this Complaint under

the Lanham Act pursuant to 15 U.S.C. § 1121(a) and 28 U.S.C. §§ 1331, 1338(a), and 1355, and

under the Patent Act pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1355. Original jurisdiction over

this action for declaratory judgment arises under 35 U.S.C. § 271 and 28 U.S.C. §§ 1331, 1338(a),

and 1355. The Court has supplemental jurisdiction over the Texas state-law claims in this action

under 28 U.S.C. § 1367 because these claims arise out of the same transactions and occurrences

and are so related to Southern Grace’s federal patent, Lanham Act, and declaratory judgment claims

that they form part of the same case or controversy.

5. The Court has personal jurisdiction over Makeup Junkie because it regularly

transacts business in Texas and this action is based upon Makeup Junkie’s commercial activities

carried on in Texas and in this judicial district. Makeup Junkie’s activities have had a substantial,

direct, and reasonably foreseeable effect on business and commerce in this district, in Texas, and on

interstate commerce. Makeup Junkie sells and offers to sell its products in Texas and in this district,

including the falsely marked products that are the subject of this action and the statements the

subject of these claims were made and/or directed to customers in this district. As a consequence,

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 2


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Makeup Junkie has purposefully availed itself of the laws of the State of Texas and exercising personal

jurisdiction over it is fair and proper.

6. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 (b)(2) because a

substantial part of the events giving rise to the claims of this action occurred in this district and

Makeup Junkie is subject to personal jurisdiction in this district. As set forth in more detail below

and incorporated herein, Makeup Junkie has sold, offered for sale, and marketed its products to

citizens of this state and this district, through brick and mortar retail stores as well as active websites

with false claims that its products were patented.

FACTUAL BACKGROUND

7. Southern Grace is in the business of designing, marketing, and selling women’s and

girl’s clothing and accessories, including its Versi Bag line of double zipper multi-use bags and

clutches. Southern Grace has invested significant resources in developing, marketing, and selling its

Versi Bags.

8. Defendant Makeup Junkie is a Texas-based retailer of cosmetic accessory bags.

Makeup Junkie’s bags are substantially different from Southern Grace’s Versi Bag collection, in

that the Makeup Junkie bags have a single zipper that closes to the right with a

removable/interchangeable tassel. The Makeup Junkie bags also consist of a single large

compartment only, utilize the same (single) fabric front and back with no trim, and come in multiple

sizes. Southern Grace’s Versi Bags, on the other hand, include double zippers that close to the

left with a permanent tassel. The Versi Bags also include two compartments—a smaller

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compartment on top and a larger compartment on the bottom—and at least two types of fabric and

various trimmings on each bag. As shown below, these products look markedly different:

9. On or about April 24, 2019, Meredith Jurica of Makeup Junkie contacted Adeel

“Alex” Mitha, President of Southern Grace, to complain that the Versi Bags were “in violation of

her patent.” Mr. Mitha expressed that he was unaware of any patent related to the Makeup Junkie

product and requested that Ms. Jurica provide him with additional information so that he could

better understand the specific nature of her claim. Ms. Jurica then admitted that she does not have

a patent, but that she has a design patent application that is pending. Mr. Mitha nevertheless

requested that she send over a copy of her patent application, as he was unable to locate any pending

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 4


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application through the United States Patent and Trademark Office (“USPTO”). Mr. Mitha

provided his email address so that Ms. Jurica could send the information via email and the

conversation ended amicably.

10. Later that same day, Mr. Mitha sent a follow up text to Ms. Jurica advising her that

he would be unavailable for a few days due to a family vacation and asking that she follow up with

him via email or text so that they could resolve her concerns. Ms. Jurica responded tersely and said

that she would have her legal team contact Southern Grace.

11. Also on the same day, Ms. Jurica posted publicly in the Boutique Hub group on

Facebook, of which Southern Grace was a member, displaying a picture of Southern Grace’s Versi

Bags and disparaging “the owner” as not only “knocking off” her product, but falsely representing

that Southern Grace “refused” to “respect” her pending design patent or trade dress:

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 5


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12. Multiple retailers that work with Southern Grace (or had worked with them up to

the date of this post) saw Ms. Jurica’s public allegations, believed them to be true, and responded

negatively with regard to Southern Grace:

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 6


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13. Upon seeing the public post in the Boutique Hub and the comments from several of

Southern Grace’s customers, Mr. Mitha once again reached out to Ms. Jurica. He noted that Ms.

Jurica’s post did not accurately reflect his discussion with her and once again requested that she

provide him with a copy of any pending patent related to her products.

14. Upon information and belief, on this same date, Ms. Jurica also communicated her

false statements to a number of Southern Grace’s customers:

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15. By her own admission, Ms. Jurica also communicated with Buc-ees, with whom

Southern Grace had entered into a purchase order for a large number of the Versi Bags:

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16. The next day, Southern Grace received an email from Buc-ees cancelling the purchase

order for its Versi Bags, resulting in a projected annual loss to Southern Grace of more than

$100,000.00.

17. In reality, Makeup Junkie currently does not have a design patent for its products.

Rather, upon information and belief, Makeup Junkie has a pending design patent application that

has been rejected by the USPTO. Similarly, Makeup Junkie’s two trademark applications have

received final rejection by the USPTO and its trade dress application has also received a rejection, if

not a final rejection.

18. Nevertheless, in her initial communications to Southern Grace and as part of an

extensive marketing campaign on nationally televised programs, in the general media, on the

Internet, and through Social Media, Makeup Junkie has repeatedly advertised that its products are

“patented” when, in fact, they are not. For example, in online marketing provided to Shark Tank, a

nationally syndicated program on ABC, Makeup Junkie represented an allegedly storied “baptism

by fire” into the industry where she was “swindled and robbed” despite the fact that her products

are allegedly patented:

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19. Makeup Junkie perpetuated these false representations of patent protection on

Facebook, Twitter, and Instagram and in nationwide articles and interviews specific to her products:

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20. The purpose of the false marking statute, 35 U.S.C. § 292, is to ensure that the public

receives accurate notice of patent rights. Federal patent policy recognizes an important public interest

in permitting full and free competition in the use of ideas that are, in reality, a part of the public

domain. False patent marking, including representing through advertisement that a product is

covered by a patent when a patent application is merely pending or has been rejected, is a serious

problem. Acts of false marking deter innovation and stifle competition in the marketplace.

21. If an article that is within the public domain is falsely marked or advertised, potential

competitors may be dissuaded from entering the same market. Moreover and importantly, false

marking misleads the public into believing that a patentee controls the article in question (as well as

like articles) and places the burden of determination on the public, rather than the manufacturer or

seller of the article, and increases the cost to the public of ascertaining whether a patentee in fact

controls the intellectual property as advertised. False marking may also create a misleading

impression that the falsely marked product is somehow superior to others, as articles bearing the

term “patent” may be presumed to be novel, useful, and innovative.

22. On information and belief, Makeup Junkie regularly reviews the text, including the

false patent markings, included in its advertising and marketing materials.

23. Makeup Junkie’s false marking and false advertising of its products has injured

Southern Grace, including but not limited to stifling competition in a market in which Southern

Grace currently competes, diverting Southern Grace’s sales, and causing Southern Grace to lose

actual sales as well as the goodwill of its customers or potential customers.

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 12


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COUNT I
PATENT FALSE MARKING UNDER 35 U.S.C. § 292

24. Southern Grace repeats and realleges the allegations contained in the preceding

paragraphs as if fully set forth herein

25. Makeup Junkie’s acts committed in interstate commerce constitute patent false

marking in violation of Section 292(a) of the Patent Act, 35 U.S.C. § 292. Makeup Junkie has used

the terms “patent” and “patent pending” in advertising in connection with unpatented articles in

order to import that the same is patented, when in fact it is not patented.

26. Makeup Junkie’s false marking was done for the purpose of deceiving, and with the

intent to deceive, the public because the patent markings were and are misrepresentations regarding

the patent status of Makeup Junkie’s goods.

27. Upon information and belief, Makeup Junkie knew that its products were falsely

marked.

28. Upon information and belief, Makeup Junkie’s false marking was done with bad

faith and malice or reckless indifference to Southern Grace and consumers’ interests.

29. Makeup Junkie’s bad faith false marking of its products makes this an exceptional

case within the meaning of 35 U.S.C. § 285.

30. Makeup Junkie continues to falsely mark its products and, unless enjoined by this

Court, will continue to mark falsely.

31. Southern Grace has suffered a competitive injury as a result of this violation and is

entitled to recover damages to adequately compensate for the injury. Therefore, Southern Grace is

entitled to recover from Makeup Junkie compensatory damages, including sales lost by Southern

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Grace as a result of Makeup Junkie’s false marking, injunctive relief, a finding of “exceptional case,”

and an award of reasonable attorney’s fees.

COUNT II
FALSE ADVERTISING UNDER 15 U.S.C. § 1125(A)
(SECTION 43(A) OF THE LANHAM ACT)

32. Southern Grace repeats and realleges the allegations contained in the preceding

paragraphs as if fully set forth herein.

33. Makeup Junkie has, in contravention of 15 U.S.C. § 1125(a)(1) made false and

misleading descriptions of fact regarding its products and in advertising its products as being

“patented” or “patent pending” when in fact they are not. These statements are false on their face.

34. The false and misleading descriptions of fact by Makeup Junkie actually deceived or

have the capacity to deceive a substantial segment of their intended recipients.

35. The false and misleading descriptions of fact by Makeup Junkie were material, and

likely to influence the purchasing decisions of consumers, including consumers who would consider

purchasing Southern Grace’s products.

36. Makeup Junkie has caused its falsely advertised goods to enter into interstate

commerce, including into this judicial district.

37. Southern Grace has and continues to incur damage as a result of the false and

misleading descriptions of fact made by Defendant, including but not limited to a loss of goodwill

and lost or diverted sales based on consumers’ concerns that Southern Grace’s products somehow

infringe patent protections claimed by Makeup Junkie that, in fact, do not exist.

38. Makeup Junkie’s false or misleading representations of fact were done with bad faith

and malice or reckless indifference to Southern Grace’s interests.

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 14


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39. Makeup Junkie’s bad faith false or misleading representations of fact regarding the

patented status of its products make this an exceptional case within the meaning of 15 U.S.C. §

1117, entitling Southern Grace to treble damages.

40. Makeup Junkie continues to make false or misleading representations of fact

regarding the patented status of its products and will continue to do so unless enjoined by this Court

as provided by 15 U.S.C. § 1116.

41. Southern Grace is entitled to an award of Makeup Junkie’s profits due to sales of the

falsely or misleadingly represented products, any damages sustained by Southern Grace, and the

costs of the action pursuant to 15 U.S.C. § 1117.

COUNT III
TORTIOUS INTERFERENCE WITH EXISTING CONTRACT
(TEXAS LAW)

42. Southern Grace repeats and realleges the allegations contained in the preceding

paragraphs as if fully set forth herein.

43. On information and belief, Makeup Junkie intentionally and willfully interfered with

an existing purchase order between Southern Grace and Buc-ees, by falsely claiming that Southern

Grace’s Versi Bags somehow violate or infringe upon patent protections in Makeup Junkie’s

products that do not exist. On information and belief, as a result of Makeup Junkie’s interference,

Buc-ees rescinded its purchase order with Southern Grace.

44. Makeup Junkie’s acts constitute a willful and intentional act of interference with an

existing contract between Southern Grace and Buc-ees. Makeup Junkie’s interference proximately

caused Southern Grace’s loss more than $100,000.00 in annual revenue from the pending purchase

order from Buc-ees.

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 15


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45. Southern Grace has been damaged by Makeup Junkie’s actions and is entitled to

recover all actual and exemplary damages caused by Makeup Junkie’s tortious interference with an

existing contract.

COUNT IV
BUSINESS DISPARAGEMENT
(TEXAS LAW)

46. Southern Grace repeats and realleges the allegations contained in the preceding

paragraphs as if fully set forth herein.

47. As set forth above, Makeup Junkie has acted with malice and without privilege by

publishing false and disparaging information about Southern Grace. Due to Makeup Junkie’s

actions, Southern Grace has suffered damages by being removed from a trade organization and

losing its relationship with a large account, Buc-ees. Southern Grace is entitled to recover its actual,

special, and exemplary damages caused by Makeup Junkie’s actions.

COUNT V
DECLARATORY JUDGMENT OF NON-INFRINGEMENT
(35 U.S.C. § 271, 15 U.S.C. 1125)

48. Southern Grace repeats and realleges the allegations contained in the preceding

paragraphs as if fully set forth herein.

49. Pursuant to Fed. R. Civ. P. 57, Southern Grace seeks and is entitled to a declaratory

judgment that the design, marketing, sale, and offering for sale of its Versi Bags in the United

States by Southern Grace did not and does not infringe any design or utility patent or federally

registered trademark or trade dress owned by Makeup Junkie pursuant to 35 U.S.C. § 271 and 15

U.S.C. § 1114.

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 16


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50. On information and belief, Makeup Junkie has made false representations that

Southern Grace has infringed a design patent and/or registered trademarks and/or registered trade

dress that do not exist and that Makeup Junkie knows have not been issued by the USPTO such

that there can be no infringement of any design or utility patent or registered trademark or registered

trade dress.

51. Makeup Junkie’s activities render this case an exceptional one and Southern Grace

is entitled to an award of its reasonable attorney’s fees under 35 U.S.C. § 285 and 15 U.S.C. § 1117.

APPLICATION FOR PRELIMINARY AND PERMANENT INJUNCTION

52. Southern Grace repeats and realleges the allegations contained in the preceding

paragraphs as if fully set forth herein.

53. On information and belief, Makeup Junkie, unless enjoined, will continue to falsely

mark and/or advertise its products as “patented” when they are not. Such acts violate the Patent

Act, the Lanham Act, and Texas law. See 35 U.S.C. § 285; 15 U.S.C. § 1125(a).

54. Pursuant to 35 U.S.C. § 283 and 15 U.S.C. § 1116, these actions entitle Southern

Grace to a preliminary injunction and, upon hearing, permanent injunction enjoining Makeup

Junkie, its officers, agents, servants, employees, and attorneys, and all those persons in active concert

or in participation with Makeup Junkie, from:

(i) further falsely marking or advertising that Makeup Junkie’s goods are

patented when, in fact, they are not; and

(ii) stating that Southern Grace or its products infringe patents or federally

registered trademarks or trade dress that do not exist; and

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 17


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55. For these actions, there is no adequate remedy at law. Further, Southern Grace is

substantially likely to prevail on the merits of these claims. The injury to Southern Grace greatly

outweighs any injury to Makeup Junkie that the requested injunction may cause. The balance of

hardships tips strongly in favor of Southern Grace. Finally, the injunction will not disserve the public

interest. Therefore, Southern Grace is entitled to preliminary and permanent injunctive relief

against Makeup Junkie.

REQUEST FOR RELIEF

WHEREFORE, Plaintiff Southern Grace Apparel, LLC requests that this Court enter

judgment in its favor and against Defendant as follows:

A. Granting injunctive relief enjoining Makeup Junkie and its officers, agents,

employees, and all persons or entities in active concert or participation with it, from further false

marking or advertising of Makeup Junkie’s products as set forth in Paragraph 54 herein.

B. Pursuant to 35 U.S.C. § 283, ordering the destruction of all advertising and

marketing materials;

C. Awarding Southern Grace its actual, special, and exemplary damages adequate to

compensate Southern Grace for Makeup Junkie’s acts of false marking, false advertising, business

disparagement and tortious interference with contractual relations;

D. Awarding Southern Grace the profits earned by Makeup Junkie from sales of its

falsely advertised products, in an amount that will be proved at trial;

E. Finding this to be an exceptional case pursuant to 35 U.S.C. § 285 and 15 U.S.C. §

1117;

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 18


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F. Increasing the amount of damages awarded to Southern Grace under the Lanham

Act and the Patent Act to three times the amount found or assessed by this Court because of the

willful nature of Makeup Junkie’s actions, pursuant to 15 U.S.C. § 1117 and/or 35 U.S.C. § 285;

G. Entering judgment that Southern Grace has not infringed any design or utility patent

or federally registered trademark or federally registered trade dress owned by Makeup Junkie;

H. Awarding to Southern Grace its reasonable attorney’s fees and costs incurred in this

action;

I. Awarding to Southern Grace pre-judgment and post-judgment interest; and

J. Granting such other and further relief as this Court may deem just and proper.

Dated: July 2, 2019 Respectfully submitted,

/s/ Darin M. Klemchuk


Darin M. Klemchuk
Texas Bar No. 24002418
darin.klemchuk@klemchuk.com
Mandi M. Phillips
Texas Bar No. 24036117
mandi.phillips@klemchuk.com
Brian Casper
Texas Bar No. 24075563
brian.casper@klemchuk.com

ATTORNEYS FOR PLAINTIFF


SOUTHERN GRACE APPAREL, LLC

PLAINTIFF’S ORIGINAL COMPLAINT PAGE 19


JS 44 (Rev. 06/17) - TXND (Rev. 06/17) CIVIL COVER SHEET
Case 3:19-cv-01599-G Document 1-1 Filed 07/02/19 Page 1 of 2 PageID 20
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


SOUTHERN GRACE APPAREL, LLC MAKEUP JUNKIE BAGS, LLC

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant Montgomery Co., TX
(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)
Darin M. Klemchuk, Klemchuk LLP, 8150 N. Central Expressway, 10th Floor,
Dallas, Texas 75206; 214-367-6000

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. § 292(a); 15 U.S.C. § 1125(a)
VI. CAUSE OF ACTION Brief description of cause:
False Patent Marking
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 Kristin Bays DOCKET NUMBER 19-05-06952
DATE SIGNATURE OF ATTORNEY OF RECORD
07/02/2019 /s/ Darin M. Klemchuk
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 06/17) - TXND (Rev. 06/17)
Case 3:19-cv-01599-G Document 1-1 Filed 07/02/19 Page 2 of 2 PageID 21
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 a related case exists, whether pending or closed,
insert the docket numbers and the corresponding judge names for such cases. A case is related to this filing if the case: 1) involves some or all of the
same parties and is based on the same or similar claim; 2) involves the same property, transaction, or event; 3) involves substantially similar issues of
law and fact; and/or 4) involves the same estate in a bankruptcy appeal.

Date and Attorney Signature. Date and sign the civil cover sheet.