Twelve South v. Spinido - Complaint

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 1 of 20
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
TWELVE SOUTH, LLC,
Plaintiff,
v.
SPINIDO, INC.,
Defendant.
)
)
)
)
) CIVIL ACTION NUMBER
) _______________________
)
)
)
)
VERIFIED COMPLAINT FOR PATENT INFRINGEMENT
COMES NOW Twelve South, LLC (Twelve South), and files this
Verified Complaint against the above named Defendant Spinido, Inc. (Spinido),
hereby alleging as follows:
INTRODUCTION
1.
This action arises as a result of Spinido's infringement of United
States Design Patent No. D713,399 (399 Patent), attached as EXHIBIT A, in

violation of the Patent Act of the United States and Spinido's unfair and deceptive
acts and practices in violation of Georgia's Uniform Deceptive Trade Practices Act.
Twelve South seeks damages for Spinido's infringement and other wrongful
1
conduct, reasonable attorney's fees and costs, a permanent injunction barring

Spinido from further tortious actions, and other appropriate relief.
THE PARTIES
2.
Plaintiff Twelve South is a limited liability company organized and
existing under the laws of the State of South Carolina, with its principal place of
business at 357 North Shelmore Blvd., Suite 200, Mount Pleasant, South Carolina
29464.
3.
Defendant Spinido, Inc. is a corporation organized and existing under
the laws of the State of Colorado, having a principal place of business at 36 South
18th Avenue, Suite A, Brighton, Colorado 80601. Spinido's registered agent,
Xiaowei Chen, can be served with summons and process at 36 South 18th Avenue,
Suite A, Brighton, Colorado 80601.
JURISDICTION
4.
This is an action for design patent infringement arising under the
Patent Act, 35 U.S.C. 101 et seq., and for unfair and deceptive trade practices
arising under Georgia's Uniform Deceptive Trade Practices Act, O.C.G.A. 10
1370, et seq. This Court has subject matter jurisdiction over this action pursuant
to 28 U.S.C. 1331; 28 U.S.C. 1332; 28 U.S.C. 1338(a); 28 U.S.C. 1338(b);
and 28 U.S.C. 1367.
2
5.
The Court has personal jurisdiction over Spinido for one or more of
the following reasons:

a.
The exercise of personal jurisdiction over Spinido by this Court is
consistent with the Federal Due Process Clause as Spinido has established
minimum contacts with this forum such that the exercise of jurisdiction over
Spinido would not offend traditional notions of fair play and substantial justice;
b.
Spinido has done and continues to do business in the State of Georgia
and with one or more residents of the State of Georgia;

c.
Spinido directs into the State of Georgia, commerce, goods, and
advertising;
d.
Spinido has offered, and continues to offer, products constituting
patent infringement and products that constitute unfair and deceptive trade
practices relating to this complaint in the State of Georgia; and
e.
Spinido has committed tortious injury to Twelve South and to Twelve
South's business operations within this District.

VENUE
6.
Venue is proper in this district pursuant to 28 U.S.C. 1391 because
Spinido has transacted and continues to transact business within this District, has
sold and continues to offer for sale products that constitute infringement, and has
3
sold and continues to offer for sale products within this District that constitute
unfair and deceptive trade practices, which are a substantial part of the events
giving rise to this action.
BACKGROUND FACTS
7.
Twelve South is a marketplace innovator in the field of electronic
related products and accessories. Twelve South creates innovative accessories

designed exclusively for Apple products that enhance, protect, and personalize the
experience of using Apple products for its customers.
8.
Twelve South is well known in the marketplace for its originality in
the design and the quality of its products that it produces and sells. Twelve South
has been designing, producing, and selling accessories exclusively for Apple
products since 2009.
9.
One of Twelve South's products is a metal pedestal for charging and
hands free use of iPhones, iPads, and other products chargeable via a Lightning
cable called the HiRise. The HiRise can assist with hands-free calls and eyelevel FaceTime sessions or to keep an iPhone or iPad fully charged while
streaming music or movies.
10.
Given the novelty and originality of the HiRise design, Twelve South
sought and obtained design patent protection. On September 16, 2014, United
4
States Design Patent No. D713,399 was duly and legally issued by the United
States Patent and Trademark Office. The '399 Patent has remained, and continues
to be, in full force since that time.
11.
Twelve South is the exclusive licensee of the '399 Patent with all
substantial rights in and to the '399 Patent, including the right to bring this action
for any past and present infringement of the '399 Patent, to collect past and present
damages, and to obtain injunctions.
12.
The '399 Patent covers the ornamental design for the HiRise.
13.
Twelve South has extensively promoted, advertised, and used the
HiRise design of the '399 Patent in a variety of media outlets throughout the United
States including Amazon.com, the Consumer Electronic Show and on its website,
TwelveSouth.com. These advertisements have distinguished the HiRise from other
products offered by Twelve South's competitors.
14.
The HiRise has been commercially successful with its distinctive
design providing differentiation to other competitors' designs.

15.
Since creating the HiRise, Twelve South has sold 454,949 units
totaling $8,125,441.28 in overall value.
SPINIDO'S RESIDENCE AND ON-LINE PRESENCE

16.
According to the Colorado Secretary of State, Spinido's principal
office is located at 36 South 18th Avenue, Suite A, Brighton, CO 80601, United

States.
17.
36 South 18th Avenue, Suite A, Brighton, CO 80601, United States
was confirmed by Spinido's as its principal office on December 29, 2015 when
Spinido filed a Statement Curing Delinquency with the Colorado Secretary of
State. A true and correct copy of the Statement Curing Delinquency is attached
hereto as EXHIBIT B.
18.
Additionally, Spinido lists the above-referenced principal office
address and email address as its contact information for the trademark Spinido.
19.
Accordingly, on February 26, 2016, Twelve South sent a Cease and
Desist Letter to Spinido by email to cadmon@cadmon.net, and Federal Express to

its principal office address in Brighton, Colorado.
20.
However, the Federal Express correspondence was returned as
undeliverable. To date, Spinido has not responded in any manner to Twelve

South's February 26, 2016 Letter or delivered email.
21.
Based on information related to Spinido's domain name registration,
the registrant organization is Shenzhen Sheng Haina Technology Co., Ltd, a

6
company located in Guang Dong, China. The corresponding telephone number

clearly relates to an international number, +86.075529363306. Finally, the related
email address is baoziyanglx@126.com.
22.
Based on Plaintiff's initial investigation, Spinido does not have any
physical presence in the United States and simply sells and ships goods from China
into the United States through on-line consumer websites such as Amazon.com.
SPINIDO'S INFRINGEMENT AND OTHER WRONGFUL CONDUCT
23.
In recognition of the commercial success of the '399 Patent design,
Spinido began manufacturing and selling its TI-SET docking/charging station in

competition with Twelve South.
24.
Spinido copied the HiRise design of the '399 Patent and Spinido's TI-
SET design can be characterized as a knock-off of Twelve South's HiRise

product.
25.
The design of the TI-SET is the same or substantially the same as the
design of the '399 Patent and the HiRise. The designs are so similar, as to be
nearly identical, such that the ordinary observer would be so deceived by the
substantial similarity between the designs so as to be induced to purchase Spinido's
product while believing it to be substantially the same as the design protected by
the '399 Patent.
7
26.
In February of 2016, Twelve South asserted its rights in the HiRise
design against Spinido through written communication, which among other things,
demanded the Spinido stop making, using, offering to sell, or selling the TI-SET
within the United States.
27.
Spinido, to date, has not responded to Twelve South's demand.
28.
A side-by-side comparison of the '399 patented design, the exemplary
specimens of the HiRise, and Spinido's TI-SET product is shown below--the

photograph of the exemplary TI-SET was taken from Amazon.com:
'399 Patent
Twelve South -- HiRise
Spinido -- TI-SET
29.
As shown in Paragraph 28, the TI-SET has a design that is the same or
substantially the same as the protected design of the '399 Patent and Twelve
South's HiRise product. The designs are so similar as to be nearly identical such
that an ordinary observer would be so deceived by the substantial similarity
between the designs so as to be induced to purchase Spinido's products believing
them to be substantially the same as the design protected by the '399 Patent.
30.
Twelve South has not granted a license or any other authorization to
Spinido to make, use, offer, sell, or import products that embody the design
patented in the '399 Patent and which is proprietary to Twelve South, particularly
in relation to its HiRise product.
31.
In spite of the rights of Twelve South, Spinido willfully and
knowingly infringed on Twelve South's rights, including its rights under the '399
Patent.
Further, Spinido committed wrongful acts that constitute unfair and
deceptive trade practices in relation to the TI-SET docking station and the design
of the HiRise.
32.
Twelve South has been damaged by Spinido's wrongful and infringing
conduct, including, without limitation to, suffering actual damages.

33.
Spinido is the only other entity known to Twelve South producing a
product which infringes the '399 Patent.

9
34.
Twelve South has seen a substantial reduction in sales of its HiRise
product since Spinido's infringing TI-SET product entered the marketplace.

35.
Spinido primarily sells its infringing TI-SET product through
Amazon.com which is the same marketplace utilized by Twelve South for sales of
its HiRise products.
36.
By manufacturing and selling the TI-SET with a design that is the
same as, or substantially similar to, Twelve South's unique and distinctive design
from its HiRise product, protected by the '399 Patent, Spinido willfully and
knowingly caused a likelihood of confusion or misunderstanding as to the
sponsorship and approval of the TI-SET being offered and sold by Spinido. Such
wrongful conduct also caused a likelihood of confusion or misunderstanding as to
the affiliation, connection, or association of the TI-SET product with Twelve South
and its HiRise product.
37.
Spinido did nothing to discourage consumers from believing that the
TI-SET was sponsored, approved, or sold in affiliation, connection, or association

with Twelve South despite knowing of Twelve South's rights. Spinido's wrongful
actions and practices in connection with the TI-SET were and are deceptive to
consumers and others including Twelve South.
10
38.
Spinido's wrongful manufacturing and selling of the TI-SET was not
discovered by Twelve South until approximately February of 2016.

39.
Spinido's wrongful conduct and infringing activities will continue
unless enjoined by this Court.

COUNT I
INFRINGEMENT OF UNITED STATES DESIGN PATENT NO. D713,399
40.
Twelve South hereby incorporates by reference the allegations
contained in Paragraphs 1 - 39 above as if fully set forth herein.

41.
Twelve South provided actual notice to Spinido of its infringement, as
early as February 26, 2016. Spinido has been further informed by the filing of this
Complaint.
42.
In spite of such notice, Spinido has continued its infringement of the
'399 Patent.
43.
Spinido has and continues to infringe on the '399 Patent by making,
using, offering to sell, or selling in the United States, including the State of
Georgia and within this District, products infringing the ornamental design covered
by the '399 Patent in violation of 35 U.S.C. 271, including but not limited to
Spinido's TI-SET product.
11
44.
Spinido infringes the '399 Patent because, in the eye of an ordinary
observer, giving such attention as a purchaser usually gives, the design of the '399
Patent and the design of the TI-SET product are substantially the same, the
resemblance being such as to deceive such an ordinary observer, inducing him to
purchase one supposing it to be the other.
45.
Spinido's acts of infringement of the '399 Patent were undertaken
without authority, permission, or license from Twelve South. Spinido's infringing

activities violate 35 U.S.C. 271.
46.
Spinido's infringement has damaged and continues to damage and
injure Twelve South. The injury to Twelve South is irreparable and will continue
unless and until Spinido is enjoined from further infringement.
47.
Twelve South is entitled to a complete accounting of all revenue and
profits derived by Spinido from the unlawful conduct alleged herein, including
without limitation, Spinido's total profit pursuant to 35 U.S.C. 289.
48.
Spinido has engaged and is currently engaged in willful and deliberate
infringement of the '399 Patent. Such willful and deliberate infringement justifies
the damages to be assessed pursuant to 35 U.S.C. 284 and further qualifies this
action as an exceptional case supporting an award of reasonable attorney's fees
pursuant to 35 U.S.C. 285.
12
49.
Twelve South is entitled to a permanent injunction preventing Spinido
from further infringing the '399 Patent.

COUNT II
VIOLATION OF GEORGIA'S UNIFORM DECEPTIVE TRADE PRACTICES ACT
50.

51.
Spinido began manufacturing and selling the TI-SET with a design
that copied, and was substantially similar to, Twelve South's proprietary and
distinctive design utilized on the HiRise and protected by the '399 Patent. Twelve
South first discovered Spinido's wrongful actions with respect to the TI-SET
design in February of 2016.
52.
Spinido's making, using, offering to sell, and selling of TI-SET
causes a likelihood of confusion and misunderstanding as to the source,

sponsorship, approval, or certification of goods associated with TI-SET, including
without limitation, that Twelve South has approved or sponsored the TI-SET.
Spinido's making, using, offering to sell, and selling the TI-SET also causes a
likelihood of confusion and misunderstanding as to the affiliation, connection, or
association with Twelve South. Spinido's actions are deceptive to the consumer
13
and other persons. Such wrongful actions are in violation of Georgia's Uniform
Deceptive Trade Practices Act.
53.
Spinido's wrongful actions have been undertaken without permission
or authorization from Twelve South.

54.
Spinido's wrongful actions have caused Twelve South to suffer
damages. The injury to Twelve South from such wrongful actions is irreparable
and will continue unless and until Spinido is enjoined from further and continued
wrongful acts.
55.
Twelve South is entitled to recover its actual damages due to Spinido's
use and employment of such unfair and deceptive actions and practices.
56.
Twelve South is entitled to recover its reasonable attorney's fees and
costs as provided by Georgia's Uniform Deceptive Trade Practices Act, O.C.G.A.

10-1-373(b).
57.
Twelve South is further entitled to a permanent injunction preventing
Spinido from further unfair and deceptive trade practices, and any other relief as
this Court considers necessary and proper.
14
COUNT III
INJUNCTIVE RELIEF
58.

59.
As more fully set forth in Twelve South's Brief in Support of Motion
for Temporary Restraining Order and Preliminary Injunction, the actions of

Spinido are greatly and irreparably damaging to Twelve South and will continue to
be greatly and irreparably damaging to Twelve South unless enjoined by this
Court, as a result of which Twelve South is without an adequate remedy at law.
60.
As such, Twelve South seeks both a temporary restraining order and a
permanent injunction against Spinido for its tortious infringement of the '399
Patent.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Twelve South prays for the following relief:
a)
A judgement entered in favor of Twelve South on its claim that
Spinido has infringed on the '399 Patent and has violated the Georgia Uniform
Deceptive Trade Practices Act;
15
b)
A permanent injunction enjoining Spinido, its respective officers,
directors, agents, and employees and all those in concert or participation with it
who receive notice of judgment by personal service or otherwise, from:
i.
making, importing, using, selling, and offering to sell infringing

products practicing the '399 Patent and from otherwise infringing,
contributing to infringement of, and actively inducing infringement of
the '399 Patent; and
ii.
holding out in any manner whatsoever that Spinido or Spinido's

products, such as the TI-SET, are in any way sponsored, approved,
sourced, certified, affiliated, connected, or associated with Twelve
South or Twelve South's products;
c)
A judgment and order that Spinido deliver to Twelve South for
destruction all proto-types, sales literature, customer literature, or products used in

the infringement of the '399 Patent and in violation of the Georgia Uniform
Deceptive Trade Practices Act;
d)
A judgment and order that Spinido make an accounting to Twelve
South and pay over to Twelve South:

i.
the extent of Spinido's total profit and revenue realized and derived
from its infringement of the '399 Patent, and actual damages to
16
Twelve South in an amount not less than a reasonable royalty for

Spinido's infringement;
ii.
all damages suffered by Twelve South in accordance with the law

pursuant to O.C.G.A. 101373, and other applicable laws; and
e)
An award of costs of this action together with Twelve South's
reasonable attorney's fees in accordance with O.C.G.A. 101373, pursuant to

35 U.S.C. 285 for this case being exceptional, and as permitted under other
applicable laws;
f)
An award of interest, including pre-judgement interest, on all
damages; and
g)
An award to Twelve South of such further relief as this Court deems
just and proper.
DEMAND FOR TRIAL BY JURY

Twelve South hereby demands a trial by jury as to all issues so triable.
[Signature Line on Following Page]
17
Respectfully submitted this 21st day of July, 2016.
BAKER, DONELSON, BEARMAN,

CALDWELL & BERKOWITZ, PC
Suite 1600, Monarch Plaza
3414 Peachtree Rd. NE
Atlanta, Georgia 30326
Ph. 404-577-6000
Fax 404-221-6501
ccrosby@bakerdonelson.com
satkins@bakerdonelson.com
18
/s/ L. Clint Crosby

L. Clint Crosby
Georgia Bar No. 197877
Sabrina L. Atkins
Counsel for Twelve South, LLC
CERTIFICATION OF FONT
The undersigned hereby certifies that he has prepared the within and
foregoing document in accordance with LR 5.1, NDGA, and LR 7.1(D), NDGA.
Specifically, counsel certifies that he has used 14-point Times New Roman as the
font in these documents except for footnotes, which are in 10-point Times New
Roman.
This 21st day of July, 2016.
BAKER, DONELSON, BEARMAN,

CALDWELL & BERKOWITZ, PC
Suite 1600, Monarch Plaza
3414 Peachtree Rd. NE
Ph. 404-577-6000
Fax 404-221-6501
ccrosby@bakerdonelson.com
satkins@bakerdonelson.com
19
/s/ L. Clint Crosby

L. Clint Crosby
Sabrina L. Atkins
Counsel for Twelve South, LLC
Case 1:16-cv-02651-LMM Document 1-1 Filed 07/21/16 Page 1 of 8
EXHIBIT A
EXHIBIT B

Colorado Secretary of State
Date and Time: 12/29/2015 09:44 AM
Document must be filed electronically.
ID Number: 20141139729
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of filed documents, visit www.sos.state.co.us.
Document number: 20151831849

Amount Paid: $100.00
ABOVE SPACE FOR OFFICE USE ONLY
Statement Curing Delinquency

filed pursuant to 7-90-904 of the Colorado Revised Statutes (C.R.S)
1. For the delinquent entity, its ID number, entity name and jurisdiction of formation are
ID number
20141139729
_________________________
(Colorado Secretary of State ID number)
Entity name
Spinido Inc.
______________________________________________________
Jurisdiction where formed
Colorado
______________________________________________________.
2. By providing the information required herein, this statement corrects all grounds for delinquency cited by
the secretary of state.
3. The registered agent name and registered agent address of the registered agent are
Name
(if an individual)
XIAOWEI
CHEN
____________________
______________
______________ _____
(Last)
(First)
(Middle)
(Suffix)
OR
(if an entity)
______________________________________________________
(Caution: Do not provide both an individual and an entity name).
The person appointed as registered agent above has consented to being so appointed.
Street address
36 South 18th Avenue

______________________________________________________
(Street number and name)
Suite A
______________________________________________________
Brighton
__________________________
(City)
Mailing address
(leave blank if same as street address)
CO
80601
____________________
(State)
(Zip Code)
______________________________________________________
(Street number and name or Post Office Box information)
______________________________________________________
__________________________
(City)
CO
____________________.
(State)
(Zip Code)
(If the following statement applies, adopt the statement by marking the box.)
The mailing address in the records of the Secretary of State is no longer different than the street
address and is no longer required.
CURE_DLQ
Page 1 of 3
Rev. 8/08/2012
4. The principal office address of the entitys principal office is

Street address

______________________________________________________
(Street number and name)
Suite A
______________________________________________________
Brighton
CO ____________________
80601
__________________________
____
(City)
(State)
(Postal/Zip Code)
United States
_______________________ ______________
(Province if applicable)
Mailing address
(leave blank if same as street address)
(Country if not US)
______________________________________________________
______________________________________________________
__________________________ ____ ____________________
(City)
(State)
(Postal/Zip Code)
_______________________ ______________.
(Country if not US)
(If the following statement applies, adopt the statement by marking the box.)
The mailing address in the records of the Secretary of State is no longer different than the street
address and is no longer required.
5. (If the following statement applies, adopt the statement by marking the box and include an attachment.)
This document contains additional information as provided by law.
6. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.)
The delayed effective date and, if applicable, time of this document is/are __________________________.
(mm/dd/yyyy hour:minute am/pm)
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
7. The true name and mailing address of the individual causing the document to be delivered for filing are
CHEN
XIAOWEI
____________________
______________
______________ _____
(Last)
(First)
(Middle)
(Suffix)

______________________________________________________
Suite A
______________________________________________________
CO
Brighton
__________________________
____
(City)
80601
____________________
(State)
(Postal/Zip Code)
_______________________ ______________.
CURE_DLQ
Page 2 of 3
(Country if not US)
Rev. 8/08/2012
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
This document contains the true name and mailing address of one or more additional individuals causing
the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the users legal, business or tax advisor(s).
CURE_DLQ
Page 3 of 3
Rev. 8/08/2012
Case 1:16-cv-02651-LMM
Document
Filed 07/21/16 Page 1 of 2
CIVIL
COVER1-3
SHEET
JS44 (Rev. 1/16 NDGA)
The JS44 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 is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)
I. (a) PLAINTIFF(S)
DEFENDANT(S)
TWELVE SOUTH, LLC
SPINIDO, INC.
(b) COUNTY OF RESIDENCE OF FIRST LISTED

PLAINTIFF
COUNTY OF RESIDENCE OF FIRST LISTED

DEFENDANT
Charleston County, South Carolina

(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, TELEPHONE NUMBER, AND
ATTORNEYS
(IF KNOWN)
E-MAIL ADDRESS)
L. Clint Crosby
Baker Donelson
3414 Peachtree Road NE, Suite 1600
(404)577-6000 / lcrosby@bakerdonelson.com
II. BASIS OF JURISDICTION
III. CITIZENSHIP OF PRINCIPAL PARTIES
(PLACE AN X IN ONE BOX ONLY)
1 U.S. GOVERNMENT
PLAINTIFF
2 U.S. GOVERNMENT
DEFENDANT
(PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
PLF
DEF
PLF
DEF
3 FEDERAL QUESTION
(U.S. GOVERNMENT NOT A PARTY)
CITIZEN OF THIS STATE
INCORPORATED OR PRINCIPAL
PLACE OF BUSINESS IN THIS STATE
4 DIVERSITY
(INDICATE CITIZENSHIP OF PARTIES
IN ITEM III)
CITIZEN OF ANOTHER STATE
INCORPORATED AND PRINCIPAL

PLACE OF BUSINESS IN ANOTHER
STATE
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
FOREIGN NATION
IV. ORIGIN
1 ORIGINAL
PROCEEDING
2 REMOVED FROM
STATE COURT
3 REMANDED FROM
APPELLATE COURT
4 REINSTATED OR
REOPENED
TRANSFERRED FROM
5 ANOTHER DISTRICT
(Specify District)
6 MULTIDISTRICT
LITIGATION
APPEAL TO DISTRICT JUDGE

7 FROM MAGISTRATE JUDGE
JUDGMENT
V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
JURISDICTIONAL STATUTES UNLESS DIVERSITY)
35 U.S.C. 271 - Infringement of United States Design Patent
(IF COMPLEX, CHECK REASON BELOW)

1. Unusually large number of parties.
6. Problems locating or preserving evidence
2. Unusually large number of claims or defenses.
7. Pending parallel investigations or actions by government.
3. Factual issues are exceptionally complex
8. Multiple use of experts.
4. Greater than normal volume of evidence.
9. Need for discovery outside United States boundaries.
5. Extended discovery period is needed.
10. Existence of highly technical issues and proof.
CONTINUED ON REVERSE
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT $
JUDGE
MAG. JUDGE
(Referral)
APPLYING IFP
MAG. JUDGE (IFP)
NATURE OF SUIT
CAUSE OF ACTION
Case
1:16-cv-02651-LMM
Document 1-3 Filed 07/21/16 Page 2 of 2
VI. NATURE OF
SUIT
CONTRACT - "0" MONTHS DISCOVERY TRACK
CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK
150 RECOVERY OF OVERPAYMENT &

ENFORCEMENT OF JUDGMENT
152 RECOVERY OF DEFAULTED STUDENT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYMENT OF
VETERAN'S BENEFITS
441 VOTING
442 EMPLOYMENT
443 HOUSING/ ACCOMMODATIONS
444 WELFARE
440 OTHER CIVIL RIGHTS
445 AMERICANS with DISABILITIES - Employment
446 AMERICANS with DISABILITIES - Other
448 EDUCATION
CONTRACT - "4" MONTHS DISCOVERY TRACK

110 INSURANCE
120 MARINE
130 MILLER ACT
140 NEGOTIABLE INSTRUMENT
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE
FEDERAL TAX SUITS - "4" MONTHS DISCOVERY

TRACK
462 NATURALIZATION APPLICATION

465 OTHER IMMIGRATION ACTIONS
870 TAXES (U.S. Plaintiff or Defendant)

871 IRS - THIRD PARTY 26 USC 7609
PRISONER PETITIONS - "0" MONTHS DISCOVERY

TRACK
375 FALSE CLAIMS ACT

48,7$086&D
400 STATE REAPPORTIONMENT
430 BANKS AND BANKING
450 COMMERCE/ICC RATES/ETC.
460 DEPORTATION
470 RACKETEER INFLUENCED AND CORRUPT
25*$1,=$7,216
480 CONSUMER CREDIT
490 CABLE/SATELLITE TV
27+(567$78725<$&7,216
891 AGRICULTURAL ACTS
893 ENVIRONMENTAL MATTERS
895 FREEDOM OF INFORMATION ACT
$'0,1,675$7,9(352&('85(6$&7
5(9,(:25$33($/2)$*(1&<'(&,6,21
950 CONSTITUTIONALITY OF STATE STATUTES
PRISONER PETITIONS - "4" MONTHS DISCOVERY

TRACK
550 CIVIL RIGHTS - Filed by Counsel
555 PRISON CONDITION(S) - Filed by Counsel
FORFEITURE/PENALTY - "4" MONTHS DISCOVERY

TRACK
625 DRUG RELATED SEIZURE OF PROPERTY
21 USC 881
690 OTHER
OTHER STATUTES - "8" MONTHS DISCOVERY

75$&.
410 ANTITRUST
850 SECURITIES / COMMODITIES / EXCHANGE
LABOR - "4" MONTHS DISCOVERY TRACK

710 FAIR LABOR STANDARDS ACT
720 LABOR/MGMT. RELATIONS
740 RAILWAY LABOR ACT
751 FAMILY and MEDICAL LEAVE ACT
790 OTHER LABOR LITIGATION
791 EMPL. RET. INC. SECURITY ACT
OTHER STATUTES - 0" MONTHS DISCOVERY

TRACK
896 ARBITRATION
(Confirm / Vacate / Order / Modify)
PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK

820 COPYRIGHTS
840 TRADEMARK
TORTS - PERSONAL PROPERTY - "4" MONTHS

DISCOVERY TRACK
370 OTHER FRAUD
371 TRUTH IN LENDING
380 OTHER PERSONAL PROPERTY DAMAGE
385 PROPERTY DAMAGE PRODUCT LIABILITY
OTHER STATUTES - "4" MONTHS DISCOVERY

TRACK
463 HABEAS CORPUS- Alien Detainee

510 MOTIONS TO VACATE SENTENCE
530 HABEAS CORPUS
535 HABEAS CORPUS DEATH PENALTY
540 MANDAMUS & OTHER
550 CIVIL RIGHTS - Filed Pro se
555 PRISON CONDITION(S) - Filed Pro se
560 CIVIL DETAINEE: CONDITIONS OF
CONFINEMENT
TORTS - PERSONAL INJURY - "4" MONTHS

DISCOVERY TRACK
310 AIRPLANE
315 AIRPLANE PRODUCT LIABILITY
320 ASSAULT, LIBEL & SLANDER
330 FEDERAL EMPLOYERS' LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
365 PERSONAL INJURY - PRODUCT LIABILITY
367 PERSONAL INJURY - HEALTH CARE/
PHARMACEUTICAL PRODUCT LIABILITY
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY
861 HIA (1395ff)

862 BLACK LUNG (923)
863 DIWC (405(g))
863 DIWW (405(g))
864 SSID TITLE XVI
865 RSI (405(g))
IMMIGRATION - "0" MONTHS DISCOVERY TRACK
REAL PROPERTY - "4" MONTHS DISCOVERY

TRACK
210 LAND CONDEMNATION
220 FORECLOSURE
230 RENT LEASE & EJECTMENT
240 TORTS TO LAND
245 TORT PRODUCT LIABILITY
290 ALL OTHER REAL PROPERTY
SOCIAL SECURITY - "0" MONTHS DISCOVERY

TRACK
* PLEASE NOTE DISCOVERY
PROPERTY RIGHTS - "8" MONTHS DISCOVERY TRACK
830 PATENT
TRACK FOR EACH CASE TYPE.

SEE LOCAL RULE 26.3
BANKRUPTCY - "0" MONTHS DISCOVERY TRACK

422 APPEAL 28 USC 158
423 WITHDRAWAL 28 USC 157
VII. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23
JURY DEMAND
YES
DEMAND $_____________________________
NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)
VIII. RELATED/REFILED CASE(S) IF ANY

JUDGE_______________________________
DOCKET NO._______________________
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES:
(CHECK APPROPRIATE BOX)
1.
2.
3.
4.
PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.

SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):
7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO.
DISMISSED. This case
IS
IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.
L. Clint Crosby
July 21, 2016
SIGNATURE OF ATTORNEY OF RECORD
DATE
, WHICH WAS

Twelve South v. Spinido - Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Twelve South v. Spinido - Complaint

Uploaded by

Copyright:

Available Formats

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 1 of 20

IN THE UNITED STATES DISTRICT COURT

VERIFIED COMPLAINT FOR PATENT INFRINGEMENT

This action arises as a result of Spinido's infringement of United

States Design Patent No. D713,399 (399 Patent), attached as EXHIBIT A, in

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 2 of 20

conduct, reasonable attorney's fees and costs, a permanent injunction barring

Plaintiff Twelve South is a limited liability company organized and

Defendant Spinido, Inc. is a corporation organized and existing under

This is an action for design patent infringement arising under the

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 3 of 20

the following reasons:

The exercise of personal jurisdiction over Spinido by this Court is

Spinido has done and continues to do business in the State of Georgia

and with one or more residents of the State of Georgia;

Spinido directs into the State of Georgia, commerce, goods, and

Spinido has offered, and continues to offer, products constituting

Spinido has committed tortious injury to Twelve South and to Twelve

South's business operations within this District.

Venue is proper in this district pursuant to 28 U.S.C. 1391 because

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 4 of 20

Twelve South is a marketplace innovator in the field of electronic

related products and accessories. Twelve South creates innovative accessories

Twelve South is well known in the marketplace for its originality in

One of Twelve South's products is a metal pedestal for charging and

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 5 of 20

Twelve South has extensively promoted, advertised, and used the

The HiRise has been commercially successful with its distinctive

design providing differentiation to other competitors' designs.

totaling $8,125,441.28 in overall value.

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 6 of 20

SPINIDO'S RESIDENCE AND ON-LINE PRESENCE

According to the Colorado Secretary of State, Spinido's principal

office is located at 36 South 18th Avenue, Suite A, Brighton, CO 80601, United

36 South 18th Avenue, Suite A, Brighton, CO 80601, United States

Additionally, Spinido lists the above-referenced principal office

Accordingly, on February 26, 2016, Twelve South sent a Cease and

Desist Letter to Spinido by email to cadmon@cadmon.net, and Federal Express to

However, the Federal Express correspondence was returned as

undeliverable. To date, Spinido has not responded in any manner to Twelve

Based on information related to Spinido's domain name registration,

the registrant organization is Shenzhen Sheng Haina Technology Co., Ltd, a

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 7 of 20

company located in Guang Dong, China. The corresponding telephone number

Based on Plaintiff's initial investigation, Spinido does not have any

In recognition of the commercial success of the '399 Patent design,

Spinido began manufacturing and selling its TI-SET docking/charging station in

SET design can be characterized as a knock-off of Twelve South's HiRise

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 8 of 20

In February of 2016, Twelve South asserted its rights in the HiRise

Spinido, to date, has not responded to Twelve South's demand.

A side-by-side comparison of the '399 patented design, the exemplary

specimens of the HiRise, and Spinido's TI-SET product is shown below--the

Twelve South -- HiRise

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 9 of 20

Twelve South has not granted a license or any other authorization to

In spite of the rights of Twelve South, Spinido willfully and

Further, Spinido committed wrongful acts that constitute unfair and

Twelve South has been damaged by Spinido's wrongful and infringing

conduct, including, without limitation to, suffering actual damages.

Spinido is the only other entity known to Twelve South producing a

product which infringes the '399 Patent.

Case 1:16-cv-02651-LMM Document 1 Filed 07/21/16 Page 10 of 20

Twelve South has seen a substantial reduction in sales of its HiRise