Select Retrieval v. American Apparel et. al.
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Transcript of Select Retrieval v. American Apparel et. al.
8/4/2019 Select Retrieval v. American Apparel et. al.
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COMPLAINT AND DEMAND FOR JURY TRIAL
JAMES V. FAZIO, III (CSB# 183353)TREVOR Q. CODDINGTON, PH.D. (CSB# 243042)SAN DIEGO IP LAW GROUP LLP12526 High Bluff Drive, Suite 300San Diego, CA 92130Telephone: (858) 792-3446Facsimile: (858) 792-3447 [email protected] [email protected]
Attorneys for Plaintiff SELECT RETRIEVAL, LLC
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
SELECT RETRIEVAL, LLC,
Plaintiff,
vs.
AMERICAN APPAREL, LLC; ART.COM,INC.; AUTOZONE INC.; BBCKENTERPRISES, INC.; BBJ SOLDCO LLC;BEACH AUDIO, INC.; BEAUTYENCOUNTER, INC.; BLUE RIBBONMOTORING, LLC; BOOT BARN, INC.;
BUILD.COM, INC.; BUY.COM INC.; COSTPLUS, INC.; COSTUME CRAZE, LLC;DRILL SPOT, LLC; EBAY INC.;EVERYTHING FURNITURE INC.; FCORGANIZATIONAL PRODUCTS, LLCd/b/a FRANKLINCOVEY CO.;FREDERICKS OF HOLLYWOODSTORES, INC.; GUESS ?, INC.;HAUTELOOK, INC.; PACIFIC SUNWEAROF CALIFORNIA INC.; PATAGONIA,INC.; PETCO ANIMAL SUPPLIES INC.;ROAD RUNNER SPORTS INC.; SHEETMUSIC PLUS, LLC; SHUTTERFLY, INC.;
SKECHERS U.S.A., INC.; SONICELECTRONIX, INC.; THE GAP, INC.;TINY PRINTS, INC.; TOOL KING LLC;U.S. AUTO PARTS NETWORK, INC. d/b/aUSAPN, INC.; WEST MARINEPRODUCTS, INC.; WINE.COM, INC.,
Defendants.
CASE NO. _______________________
COMPLAINT FOR INFRINGEMENTOF U.S. PATENT NO. 6,128,617
DEMAND FOR JURY TRIAL
'11CV2158 WMCLAB
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1
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff Select Retrieval, LLC (“Select Retrieval” or “Plaintiff”), by way of Complaint
against defendants American Apparel, LLC; Art.com, Inc.; AutoZone, Inc.; BBCK Enterprises,
Inc.; BBJ Soldco LLC; Beach Audio, Inc.; Beauty Encounter, Inc.; Blue Ribbon Motoring, LLC;
Boot Barn, Inc.; Build.com, Inc.; Buy.com, Inc.; Cost Plus, Inc.; Costume Craze, LLC; Drill Spot
LLC; eBay Inc.; Everything Furniture Inc.; FC Organizational Products, LLC d/b/a
FranklinCovey Co.; Fredericks of Hollywood Stores, Inc.; Guess ?, Inc.; HauteLook, Inc.; Pacific
Sunwear of California Inc.; Patagonia, Inc.; PETCO Animal Supplies Inc.; Road Runner Sports
Inc.; Sheet Music Plus, LLC; Shutterfly, Inc.; Skechers U.S.A., Inc.; Sonic Electronix, Inc.; The
Gap, Inc.; Tiny Prints, Inc.; Tool King LLC; U.S. Auto Parts Network, Inc. d/b/a USAPN, Inc.;
West Marine Products, Inc.; and Wine.com, Inc., (collectively “defendants”), hereby alleges as
follows:
NATURE OF THE ACTION
1. This is an action for patent infringement arising under the Patent Laws of the
United States, Title 35 of the United States Code.
THE PARTIES
2. Plaintiff Select Retrieval is a limited liability company organized under the laws o
Texas with its principal place of business at 777 Enterprise Drive, Hewitt, Texas 76643.
3. Defendant American Apparel, LLC is a limited liability company organized under
the laws of Delaware with its principal place of business at 747 Warehouse Street, Los Angeles,
CA 90021 and a registered agent for service of process at Joyce E. Crucillo, 747 Warehouse
Street, Los Angeles, CA 90021.
4. Defendant Art.com, Inc. is a corporation organized under the laws of Delaware
with its principal place of business at 2100 Powell Street, 13th Floor, Emeryville, CA 94608 and
a registered agent for service of process at Kevin Andrew Lucas, 2100 Powell Street, 13th Floor,
Emeryville, CA 94608.
5. Defendant AutoZone, Inc. is a corporation organized under the laws of Nevada
with its principal place of business at 123 South Front Street, Memphis, TN and a registered agen
for service of process at CT Corporation System, 818 West 7th Street, Los Angeles, CA 90017-
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COMPLAINT AND DEMAND FOR JURY TRIAL
3407.
6. Defendant BBCK Enterprises, Inc. is a corporation organized under the laws of
California with its principal place of business at 3005 El Camino Real, Redwood City, CA 94601
and a registered agent for service of process at Todd Zucker, 3005 El Camino Real, Redwood
City, CA 94061.
7. Defendant BBJ Soldco LLC is a limited liability company organized under the
laws of California with its principal place of business at 7304 Edgewater Drive, Suite D, Oakland
CA 94621 and a registered agent for service of process at Michael Stajer, 7304 Edgewater Drive,
Suite D, Oakland, CA 94621.
8. Defendant Beach Audio, Inc. is a corporation organized under the laws of
California with its principal place of business at 1601 N. Sepulveda Blvd., Suite 712, Manhattan
Beach, CA 90266 and a registered agent for service of process at David Schloss, 1200 Aviation
Blvd., Suite 100, Redondo Beach, CA 90278-4059.
9. Defendant Beauty Encounter, Inc. is a corporation organized under the laws of
California with its principal place of business at 18480 Pacific Street, Fountain Valley, CA 92708
and a registered agent for service of process at Josie De La Cruz, 9070 Irvine Center Drive, Unit
145, Irvine, CA 92618-4690.
10. Defendant Blue Ribbon Motoring, LLC is a limited liability company organized
under the laws of California with its principal place of business at 9210 Sky Park Court, Suite
100, San Diego, CA 92123 and a registered agent for service of process at Selwyn Klein, 9210
Sky Park Court, Suite 100, San Diego, CA 92123-4478.
11. Defendant Boot Barn, Inc. is a corporation organized under the laws of Delaware
with its principal place of business at 15776 Laguna Canyon Road, Irvine, CA 92618 and a
registered agent for service of process at Corporation Service Company, 2730 Gateway Oaks
Drive, Suite 100, Sacramento, CA 95833-3503.
12. Defendant Build.com, Inc. is a corporation organized under the laws of California
with its principal place of business at 282 Convair, Chico, CA 95973 and a registered agent for
service of process at CSC-Lawyers Incorporating, 2730 Gateway Oaks Drive, Suite 100,
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COMPLAINT AND DEMAND FOR JURY TRIAL
Sacramento, CA 95833-3503.
13. Defendant Buy.com, Inc. is a corporation organized under the laws of Delaware
with its principal place of business at 85 Enterprise, Suite 100, Aliso Viejo, CA 92356 and a
registered agent for service of process at Grover Neel, 85 Enterprise, Suite 100, Aliso Viejo, CA
92356.
14. Defendant Cost Plus, Inc. is a corporation organized under the laws of California
with its principal place of business at 200 4th Street, Oakland, CA 94607 and a registered agent
for service of process at CT Corporation System, 818 West 7th Street, Los Angeles, CA 90017-
3407.
15. Defendant Costume Craze, LLC is a limited liability company organized under the
laws of Utah with its principal place of business at 350 W. Center Street, Pleasant Grove, UT
84062 and it may be served with process at that address.
16. Defendant Drill Spot, LLC is a limited liability company organized under the laws
of Colorado with its principal place of business at 5603 Arapahoe Avenue, Unit 6, Boulder, CO
80303 and it may be served with process at that address.
17. Defendant eBay Inc. is a corporation organized under the laws of Delaware with
its principal place of business at 2145 Hamilton Avenue, San Jose, CA 95125-5905 and a
registered agent for service of process at National Registered Agents, Inc., 2875 Michelle, Suite
100, Irvine, CA 92606-1024.
18. Defendant Everything Furniture, Inc. is a corporation organized under the laws of
California with its principal place of business at 4130 Flat Rock Drive, Suite 110, Riverside, CA
92882 and a registered agent for service of process at Ian Scott Perry, 4150 Robby Circle,
Corona, CA 92881-4752.
19. Defendant FC Organizational Products, LLC d/b/a FranklinCovey Co. is a limited
liability company organized under the laws of Utah with its principal place of business at 2250
W. Parkway Blvd., Salt Lake City, UT 84119 and a registered agent for service of process at
CSC-Lawyers Incorporating Service Company, 2730 Gateway Oaks Drive, Suite 100,
Sacramento, CA 95833-3503.
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COMPLAINT AND DEMAND FOR JURY TRIAL
20. Defendant Fredericks of Hollywood Stores, Inc. is a corporation organized under
the laws of Nevada with its principal place of business at 6255 W. Sunset Blvd., 6th Floor, Los
Angeles, CA 90028 and a registered agent for service of process at CSC-Lawyers Incorporating
Service Company, 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833-3503.
21. Defendant Guess ?, Inc. is a corporation organized under the laws of Delaware
with its principal place of business at 1444 S. Alameda Street, Los Angeles, CA 90021 and a
registered agent for service of process at CSC-Lawyers Incorporating, 2730 Gateway Oaks Drive
Suite 100, Sacramento, CA 95833-3503.
22. Defendant HauteLook, Inc. is a corporation organized under the laws of Delaware
with its principal place of business at 1212 South Flower Street, Suite 300, Los Angeles, CA
90015 and a registered agent for service of process at Incorporating Services, Ltd., 720 14th
Street, Sacramento, CA 95814-1905.
23. Defendant Pacific Sunwear of California Inc. is a corporation organized under the
laws of California with its principal place of business at 3450 E. Miraloma Avenue, Anaheim, CA
92806 and a registered agent for service of process at Craig E. Gosselin, 3450 E. Miraloma
Avenue, Anaheim, CA 92806-2101.
24. Defendant Patagonia, Inc. is a corporation organized under the laws of California
with its principal place of business at 259 W. Santa Clara Street, Ventura, CA 93001 and a
registered agent for service of process at Pedro J. Lopez-Baldrich, 259 West Santa Clara Street,
Ventura, CA 93001-2545.
25. Defendant PETCO Animal Supplies, Inc. is a corporation organized under the law
of Delaware with its principal place of business at 9125 Rehco Road, San Diego, CA 92121 and a
registered agent for service of process at CSC-Lawyers Incorporating, 2730 Gateway Oaks Drive
Suite 100, Sacramento, CA 95833-3503.
26. Defendant Road Runner Sports, Inc. is a corporation organized under the laws of
Delaware with its principal place of business at 5549 Copley Drive, San Diego, CA 92111 and a
registered agent for service of process at Michael Gotfredson, 5549 Copley Drive, San Diego, CA
92111.
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COMPLAINT AND DEMAND FOR JURY TRIAL
27. Defendant Sheet Music Plus, LLC is a limited liability company organized under
the laws of Delaware with its principal place of business at 1300 64th Street, Emeryville, CA
94608 and a registered agent for service of process at Keith Cerny, 1300 6th Street, Emeryville,
CA 94608.
28. Defendant Shutterfly, Inc. is a corporation organized under the laws of Delaware
with its principal place of business at 2800 Bridge Parkway, Redwood City, CA 94065 and a
registered agent for service of process at Douglas Appleton, 2800 Bridge Parkway, Redwood
City, CA 94065.
29. Defendant Skechers U.S.A., Inc. is a corporation organized under the laws of
Delaware with its principal place of business at 228 Manhattan Beach Blvd., Manhattan Beach,
CA 90266 and a registered agent for service of process at Philip Paccione, 228 Manhattan Beach
Blvd., Manhattan Beach, CA 90266.
30. Defendant Sonic Electronix, Inc. is a corporation organized under the laws of
California with its principal place of business at 28340 Avenue Crocker, Suite 202, Valencia, CA
91355 and a registered agent for service of process at Nathaniel Victor, 28340 Avenue Crocker,
Suite 202, Valencia, CA 91355.
31. Defendant The Gap, Inc. is a corporation organized under the laws of Delaware
with its principal place of business at 2 Folsom Street, San Francisco, CA 94105 and a registered
agent for service of process at CT Corporation System, 818 West 7th Street, Los Angeles, CA
90017.
32. Defendant Tiny Prints, Inc. is a corporation organized under the laws of Delaware
with its principal place of business at 884 Hermosa Court, Suite 100, Sunnyvale, CA 94085 and a
registered agent for service of process at Edward Han, 884 Hermosa Court, Suite 100, Sunnyvale
CA 94085.
33. Defendant Tool King LLC is a limited liability company organized under the laws
of Colorado with its principal place of business at 11111 West 6th Avenue, Unit D, Lakewood,
CO 80215 and it may be served with process at that address.
34. Defendant U.S. Auto Parts Network, Inc. d/b/a USAPN, Inc. is a corporation
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COMPLAINT AND DEMAND FOR JURY TRIAL
organized under the laws of Delaware with its principal place of business at 17150 S. Margay
Avenue, Carson, CA 90746 and a registered agent for service of process at Mike Yoshida, 17150
Margay Avenue, Carson, CA 90746-1224.
35. Defendant West Marine Products, Inc. is a corporation organized under the laws o
California with its principal place of business at 500 Westridge Drive, Watsonville, CA 95076
and a registered agent for service of process at CT Corporation System, 818 West 7th Street, Los
Angeles, CA 90017.
36. Defendant Wine.com, Inc. is a corporation organized under the laws of Delaware
with its principal place of business at 114 Sansome Street, 6th Floor, San Francisco, CA 94104
and a registered agent for service of process at CT Corporation System, 818 West 7th Street, Los
Angeles, CA 90017-3407.
JURISDICTION AND VENUE
37. This is an action for patent infringement arising under the patent laws of the
United States, Title 35 of the United States Code. This Court has jurisdiction over the subject
matter of this action under 28 U.S.C. §§ 1331 and 1338(a). Venue is proper in this judicial
district under 28 U.S.C. §§ 1391(b) and 1400(b).
38. Defendants directly or through intermediaries, make, use, distribute, offer for sale
or license, and advertise their products and services on the Internet using methods and
instrumentalities that infringe the patent-in-suit, as is alleged below. Defendants use, and/or
direct, induce or instruct their agents, employees, customers, or contracting entities to use such
infringing methods and instrumentalities, as is alleged below. On information and belief,
defendants conduct business in this Judicial District and have committed acts of patent
infringement in this Judicial District including, inter alia, importing, making, using, offering for
sale, and/or selling products and services on the Internet using infringing methods and
instrumentalities in this Judicial District. On information and belief, defendants have contributed
to infringement and/or have induced others to commit such acts of infringement in this Judicial
District.
39. On information and belief, defendants have ongoing and systematic contacts with
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COMPLAINT AND DEMAND FOR JURY TRIAL
this Judicial District and the United States. Defendants have purposefully placed and/or used
infringing methods and instrumentalities on the Internet to sell products and/or services, knowing
and expecting that such products and/or services would be used and/or sold on the Internet
through infringing methods and instrumentalities by customers in the State of California,
including in this Judicial District.
COUNT I – INFRINGEMENT OF U.S. PATENT NO. 6,128,617
40. Select Retrieval repeats and re-alleges the allegations of paragraphs 1 through 39
as if fully set forth herein.
41. On October 3, 2000, United States Patent No. 6,128,617 (hereinafter referred to as
the “‘617 Patent”), entitled DATA DISPLAY SOFTWARE WITH ACTIONS AND LINKS
INTEGRATED WITH INFORMATION, was duly and legally issued by the United States Patent
and Trademark Office. A true and correct copy of the ‘617 Patent is attached as Exhibit A to this
Complaint.
42. Select Retrieval is the assignee and owner of the right, title, and interest in and to
the ‘617 Patent, including the right to assert all causes of action arising under said patent and the
right to any remedies for infringement of it.
43. Without license or authorization, defendants are and have been directly and
indirectly infringing the ‘617 Patent, and contributing to and actively inducing the infringement
of said patent by others, in the United States by making, using, selling, offering for sale or
license, advertising and/or importing in the United States, including within this judicial district,
their products and services on the Internet using methods and instrumentalities that embody the
inventions claimed in the ‘617 Patent. Such acts constitute infringement under at least 35 U.S.C.
§§ 271(a), (b), and (c).
44. With the exceptions of Build.com, Inc.; Buy.com, Inc.; eBay Inc.; Shutterfly, Inc.;
The Gap, Inc.; and U.S. Auto Parts Network, Inc. d/b/a USAPN, Inc., defendants have had
knowledge of and/or been aware of the ‘617 Patent since at least August 29, 2011, when, in a
letter sent via first class mail, Select Retrieval informed American Apparel, LLC; Art.com, Inc.;
AutoZone, Inc.; Blue Ribbon Motoring, LLC; Fredericks of Hollywood Stores, Inc.; Guess ?,
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COMPLAINT AND DEMAND FOR JURY TRIAL
Inc.; HauteLook, Inc.; Pacific Sunwear of California Inc.; PETCO Animal Supplies Inc.; Road
Runner Sports Inc.; Sonic Electronix, Inc.; Tiny Prints, Inc.; West Marine Products, Inc.; and
Wine.com, Inc. of their infringement of the ‘617 Patent and requested that defendants license the
‘617 Patent to mitigate their continued infringement. Defendants BBCK Enterprises, Inc.; BBJ
Soldco LLC; Beach Audio, Inc.; Beauty Encounter, Inc.; Boot Barn, Inc.; Cost Plus, Inc.;
Costume Craze, LLC; Drill Spot, LLC; Everything Furniture Inc.; FC Organizational Products,
LLC d/b/a FranklinCovey Co.; Patagonia, Inc.; Sheet Music Plus, LLC; Skechers U.S.A., Inc.;
and Tool King LLC have had knowledge of and/or been aware of the ‘617 Patent since at least
August 19, 2011, when, in a letter sent via first class mail, Select Retrieval informed those
defendants of their infringement of the ‘617 Patent and requested that they license the ‘617 Patent
in order to mitigate their continued infringement.
45. On information and belief, defendants’ infringement of the ‘617 Patent has been
and continues to be willful and deliberate.
46. Select Retrieval has been damaged by defendants’ infringing activities.
PRAYER FOR RELIEF
WHEREFORE, Select Retrieval prays for judgment for itself and against Defendants as
follows:
A. An Order adjudging Defendants to have infringed the ‘617;
B. An Order adjudging Defendants to have willfully infringed the ‘617 patent;
C. An award of damages to be paid by defendants adequate to compensate Select
Retrieval for their past infringement of the '617 patent and any continuing or future infringement
through the date such judgment is entered, including interest, costs, expenses and enhanced
damages for any willful infringement as justified under 35 U.S.C. § 284 and, an accounting of all
infringing acts including, but not limited to, those acts not presented at trial;
D. A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
Plaintiff's reasonable attorneys’ fees; and
E. Such other and further relief at law or equity as the Court may deem proper and
just.
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COMPLAINT AND DEMAND FOR JURY TRIAL
Dated: September 15, 2011 SAN DIEGO IP LAW GROUP LLP
By: s/Trevor Coddington
JAMES V. FAZIO, IIITREVOR Q. CODDINGTON
Attorneys for Plaintiff SELECT RETRIEVAL, LLC
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COMPLAINT AND DEMAND FOR JURY TRIAL
DEMAND FOR JURY TRIAL
Select Retrieval hereby demands a trial by jury on all issues so triable.
Dated: September 15, 2011 SAN DIEGO IP LAW GROUP LLP
By: s/Trevor CoddingtonJAMES V. FAZIO, III
TREVOR Q. CODDINGTON
Attorneys for Plaintiff SELECT RETRIEVAL
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