Case 2:16-cv-00213-WCO Document 1 Filed 09/06/16 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
INTERNATIONAL BUSINESS
CORPORATION,

)
)
)
Plaintiff,
) Civil Action No. 2:16-cv-00213-WCO
)
v.
)
)
NEXGRILL INDUSTRIES,
)
INC.
)
)
Defendant.
)
_____________________________
)
COMPLAINT FOR PATENT INFRINGEMENT
COMES NOW Plaintiff International Business Corporation (IBC or
Plaintiff) and for its Complaint against Defendant Nexgrill Industries, Inc.
(Defendant), states as follows:
PRELIMINARY STATEMENT
IBC brings claims against Defendant for infringement of a certain design
patent owned by IBC in violation of 35 U.S.C. 271. Accordingly, IBC seeks,
among other relief, a permanent injunction to prevent Defendant from importing,
making, using, offering to sell, and selling within the United States any products
that infringe IBCs patent and Defendants profits from the sale of any infringing

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products pursuant to 35 U.S.C. 289; and, the reasonable attorneys fees and costs
incurred in prosecuting this action, including prejudgment interest.
THE PARTIES
1.

IBC is a corporation organized and existing under the laws of the State of

Georgia with a principal place of business located at 5705 Commerce Blvd.,

Alpharetta, Georgia 30004 in Forsyth County.
2.

Upon information and belief, Defendant is a corporation organized and

existing under the laws of the State of California, with a principal place of business
located at 14050 Laurelwood Pl, Chino, CA 91710. Upon information and belief,
Defendant can be served with process through service upon its management at the
same address.
JURISDICTION AND VENUE
3.

This Court has jurisdiction over the subject matter of this action pursuant to

the provisions of 28 U.S.C. 1331 and 1338, and 15 U.S.C. 1121(a).

4.

This Court has specific personal jurisdiction over Defendant because

Defendant has committed a tortious act within the Northern District of Georgia by
selling and offering to sell infringing products within the Northern District of
Georgia.

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5.

A substantial part of the unlawful acts and violations hereinafter described

have occurred and are occurring within the Northern District of Georgia, and the
interstate trade and commerce hereinafter described is affected, in part,
within the Northern District of Georgia. Therefore, venue is appropriate in this
Court pursuant to the provisions of 28 U.S.C. 1391(b)(1)-(3) and 1400(b).
COUNT 1 - DESIGN PATENT INFRINGEMENT
6.

The allegations of Paragraphs 1 to 5 are incorporated by reference and re-

alleged as if fully set forth herein.

7.

IBC is the owner of U.S. Patent No. D713,153S (the 153 Patent) a copy of

which is attached as Exhibit A;

8.

The 153 patent is directed to unique ornamental designs for a grill brush.

9.

Defendant has manufactured, offered to sell, or sold grilling utensils that

incorporate the invention claimed and described in the 153 patent in the Northern
District of Georgia. Such acts have been without permission or license from IBC and
after receiving notice of IBCs rights Defendant is continuing to offer to sell,
distribute and sell a grill brush that incorporates the invention claimed and described
in the 153 Patent to customers in the United States, including The Home Depot and
its customers.
10.

Upon information and belief, Defendant offers and is offering to sell, has

distributed and is distributing, and has sold or is selling the accused grill brush to
3

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customers throughout the United States, including customers in the Northern District
of Georgia, through The Home Depot stores, through the Home Depot website,
www.homedepot.com and through an online store at http://www.mygrillparts.com/
designated as the Nexgrill Official Parts Store. The Home Depot has stores located
throughout the United States, and multiple locations in the Northern District of
Georgia, including its headquarters.
11.

Specifically, as shown in Exhibit B, submitted herewith, the accused grill

brush has been offered for sale at the Home Depot Store in Alpharetta, Georgia.
12.

Specifically, as shown in Exhibit C, submitted herewith, the accused grill

brush has been offered online by Defendant.

13.

Without permission or license from IBC, Defendant has offered to sell,

manufactured or imported, distributed, displayed or sold the accused grill brush to

customers in the United States.
14.

The Accused Products incorporate the inventions claimed and described in

the 153 Patent such that in the eye of an ordinary observer, giving such attention as
a purchaser usually gives, the appearance of the accused grill brush is such as to
deceive such an observer, inducing him to purchase the accused grill brush
supposing it to be the patented brush.

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15.

. By displaying to the public, offering to sell, manufacturing or importing,

distributing, or selling the Accused Products in the United States, Defendant is

directly infringing the claims of the 153 Patent.
16.

The foregoing acts by Defendant have been with knowledge of the 153

patent, IBCs allegations of violation, and have been in willful violation of IBCs
rights.
17.

Upon information and belief, Defendant will not cease such tortious

acts unless enjoined by this Court.

18.

Defendants acts of direct infringement have and will continue to

damage IBC, and IBC has no adequate remedy at law.

DEMAND FOR JURY TRIAL
Plaintiff IBC hereby demands a trial by jury of all issues so triable.
WHEREFORE, IBC prays that judgment on the Complaint be entered for
IBC and against Defendant;
WHEREFORE, IBC also prays for the following:
(a) that pursuant to 35 U.S.C. 289, Defendant be ordered to pay to IBC
all of Defendants profits arising from Defendants infringement of the 153
Patent, the exact extent of which cannot be determined by IBC;
(b) that Defendant, their subsidiaries and all affiliated companies, their
officers, agents, servants, representatives, employees, attorneys, successors,
5

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assigns, or heirs be permanently enjoined from:

(1) using, manufacturing, importing, having manufactured by a
third party, selling, or offering to sell the Accused Product or any other
product which infringes the 153 Patent.
(2) actively inducing any other person to infringe the Patent;
(3) performing any further acts of infringement of the Patent;
(c) that the Court find this case to be exceptional under 35 U.S.C. 285
and award IBC its reasonable attorneys fees for having to bring this action to
preserve its rights in the Patent and enjoin Defendants willful infringement of the
Patent;
(d) that IBC be awarded its costs associated with bringing this action to
preserve its rights in the Asserted Patent;
(e) that IBC be awarded prejudgment interest; and
(f) that IBC be granted such other and further relief as this Court may
deem just and proper.
Dated: September 6, 2016.
Respectfully submitted,
/s/Robert J. Veal _
Robert J. Veal
Georgia Bar No. 141695
rjveal@veal-ip.com
Veal Intellectual Property, LLC
11555 Medlock Bridge Road
6

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Suite 100
Johns Creek, GA 30097
Tel: (678) 653-4758
Fax: (678) 597-1101

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CERTIFICATE OF COUNSEL
Pursuant to Local Rule 5.1, counsel for Plaintiff certifies that the font and
point size, Times New Roman 14 point, used in this document, comply with Local
Rule 5.1.
Veal Intellectual Property, LLC
/s/ Robert J. Veal
Robert J. Veal
Veal Intellectual Property, LLC
11555 Medlock Bridge Road
Suite 100
Johns Creek, GA 30097
Tel: (678) 653-4758
Fax: (678) 597-1101
rjveal@veal-ip.com

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International Business Corporation

Nexgrill Industries, Inc.

2:16-cv-00213-WCO

Forsyth

Robert J. Veal
Veal Intellectual Property, LLC
11555 Medlock Bridge Road, Ste. 100
Johns Creek, GA 30097
Tel.: (678) 653-4758
Email: rjveal@veal-ip.com

x
x

Design Patent Infringement under 35 USC sec. 271 and 289

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/s/ Robert J. Veal

September 6, 2016