Omix Ada v. Qingdao Hairunkaiyuan Auto Parts - Complaint

Case 2:17-cv-02748 Document 1 Filed 10/31/17 Page 1 of 12
1 DICKINSON WRIGHT PLLC

JOHN L. KRIEGER
2 Nevada Bar No. 6023
Email: jkrieger@dickinson-wright.com
3 JOEL Z. SCHWARZ
4 Nevada Bar No. 9181
Email: jschwarz@dickinson-wright.com
5 CHRISTIAN T. SPAULDING
Nevada Bar No. 14277
6 Email: cspaulding@dickinson-wright.com
8363 West Sunset Road, Suite 200
7
Las Vegas, Nevada 89113-2210
8 Tel: (702) 550-4400
Fax: (844) 670-6009
9
Attorneys for Plaintiff Omix-ADA, Inc.
10
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA
12
13 OMIX-ADA, INC., a Georgia Corporation, CASE NO.

14
Plaintiff, COMPLAINT FOR PATENT
15 INFRINGEMENT
v.
16 DEMAND FOR JURY TRIAL
QINGDAO HAIRUNKAIYUAN AUTO PARTS
17 CO., LTD., A/K/A SHANGDONG KAIYUAN
VEHICLE PARTS CO., LTD., a foreign
18
company; XIANGHE BAOLIANG METAL
19 PRODUCTS CO., LTD., A/K/A XIANGHE
BAOLIANG, a foreign company.
20
Defendants.
21
22
23 Plaintiff OMIX-ADA, INC. (Omix) alleges as follows, upon actual knowledge with
24 respect to itself and its own acts, and upon information and belief as to all other matters:
25 INTRODUCTION
26 Omix brings this case for infringement of U.S. Patent No. D692,290 S entitled Hood
27 Latch (the Hood Latch Patent) and U.S. Patent No. D773,110 S entitled Auxiliary Light
28
1
1 Mount Assembly (the x-Clamp Patent) (collectively, the Omix Patents), pursuant to 35
2 U.S.C. 101, et seq., specifically, 35 U.S.C. 271 and 281.
3 JURISDICTION AND VENUE
4 1. This Court has subject matter jurisdiction over Plaintiffs claims pursuant to 28
5 U.S.C. 1331 and 1338(a) because this action arises under the patent laws of the United States,
6 35 U.S.C. 1 et seq. and is a civil action for patent infringement.
7 2. Upon information and belief, this Court may exercise personal jurisdiction over
8 the Defendants by virtue of them committing acts of patent infringement in the State of Nevada
9 which they knew or should have known would cause injury in Nevada. Defendants have each
10 conducted business and have directly harmed Omix in this District by using, selling, offering for
11 sale and/or importing products that infringe on Omixs patents at the SEMA Show (SEMA)
12 held on October 31 November 2, 2017, at the Las Vegas Convention Center in Las Vegas,
13 Nevada.
14 3. Venue is proper in the United States District Court for the District of Nevada
15 under 28 U.S.C. 1391(b) because a substantial part of the events giving rise to Omixs claims
16 occurred in the District of Nevada. Pursuant to LR IA 1-6, venue lies in the unofficial Southern
17 Division of this Judicial District.
18 THE PARTIES
19 4. Omix is a corporation organized and existing under the laws of the State of
20 Georgia with a principal place of business at 460 Horizon Drive, Suite 400, Suwanee, GA 30024.
21 5. Upon information and belief, Defendant Qingdao Hairunkaiyuan Auto Parts Co.,
22 Ltd., a/k/a Shangdong Kaiyuan Vehicle Parts Co., Ltd. and Freedream (Hairunkaiyuan), is a
23 Chinese company with a principal place of business at Room 4201, Block B, International
24 Trading Plaza, No. 226 Changjang Road, Qingdao Economic & Technical Development Zone,
25 Qingdao City, Qingdao, Shangdong, China 266555. Upon further information and belief,
26 Hairunkaiyuan manufactures automotive aftermarket products which it imports, sells and offers
27 for sale within the United States.
28 6. Upon information and belief, Defendant Xianghe Baoliang Metal Products Co.,
2
1 Ltd., a/k/a Xianghe Baoliang, Beijing Yunliang Shunda Trade Co., Ltd., and Mark Road
2 (Xianghe Baoliang) is a Chinese company with a principal place of business at S50 5th Ring
3 Road, Chaoyang Qu, Beijing, China. Upon further information and belief, Xianghe Baoliang
4 manufactures automotive aftermarket products which it imports, sells and offers for sale within
5 the United States.
6 GENERAL ALLEGATIONS
7 Omixs Business
8 7. Omix is the worlds largest independent manufacturer and wholesaler of Jeep

9 parts and accessories.1
10 8. Omix has over 100 full-time employees and an in-house engineering department
11 for exclusive product development.
12 9. With almost 20,000 Jeep parts in stock with a retail value close to $100 million,
13 Omix is behind almost all known Jeep parts retailers and warehouse distributors in the USA and
14 almost 100 countries worldwide.
15 10. Leading Jeep parts retailers and warehouse distributors like Quadratec, 4WD
16 Hardware, JC Whitney, 4 Wheel Parts Wholesalers, Morris 4x4, and Keystone Automotive are
17 all Omix distributors.
18 11. In recent years companies like Amazon, OReilly Auto Parts, and Summit Racing
19 have realized the potential of partnering with Omix.
20 12. Omix is the top business partner of these companies as well as about 500 other
21 Jeep parts retailers, warehouse distributors, installers, and internet merchandisers in the USA
22 and around the globe.
23 13. Over the years, Omix has expanded its business by adding and building brands
24 like Rugged Ridge, Alloy USA, Precision Gear, and Outland Automotive.
25 14. By continuously investing in new products and product lines, Omix is able to
26 service the Jeep enthusiast market, covering vehicles manufactured from 1941 to the most
27
1
28 Jeep is a registered trademark of FCA US, LLC and used under license by Omix.
3
1 recent models.
2 Omixs Patents
3 15. Omix has taken steps to protect its products and owns a number of United States
4 patents relating thereto, including but not limited to the Omix Patents at issue in this action.
5 The Hood Latch Patent
6 16. The Hood Latch Patent (U.S. Patent No. D692,290 S) was duly and legally issued
7 to Omix on October 29, 2013. A true and correct copy of the Hood Latch Patent is attached
8 hereto as Exhibit A and incorporated by reference herein.
9 17. Omix owns by assignment the entire right, title and interest in the Hood Latch
10 Patent and is entitled to sue for past and future infringement.
11 18. The hood latch that is the subject of the Hood Latch Patent is an ornamental
12 design that is shown and described in six figures included in the Hood Latch Patent. See Ex. A.
13 19. The hood latch that is the subject of the Hood Latch Patent is shown below:
14
15
16
17
18
19
20
21
22 The x-Clamp Patent
23 20. The x-Clamp Patent (U.S. Patent No. D773,110 S) was duly and legally issued to
24 Omix on November 29, 2016. A true and correct copy of the x-Clamp Patent is attached hereto
25 as Exhibit B and incorporated by reference herein.
26 21. Omix owns by assignment the entire right, title and interest in the x-Clamp Patent
27 and is entitled to sue for past and future infringement.
28 22. The auxiliary light mount assembly that is the subject of the x-clamp Patent is an
4
1 ornamental design that is shown and described in eight figures included in the x-Clamp Patent.
2 See Ex. B.
3 23. The auxiliary light mount assembly that is the subject of the x-Clamp Patent is
4 shown below:
10
11
12
13 Defendants Infringing Activities

14 The Hood Latch Patent
15 24. Defendant Hairunkaiyuan competes with Omix in the market for hood latches for
16 which Omix holds the Hood Latch Patent.
17 25. Upon information and belief, without Omixs authorization, Hairunkaiyuan
18 makes, uses, sells, offers for sale and/or imports Omixs patented hood latch (the Infringing
19 Hood Latch) for use by customers and distributors within the United States and abroad.
20 26. Upon information and belief, U.S. customers and distributors purchase products
21 either directly from Hairunkaiyuan or from distributors supplied by Hairunkaiyuan.
22 27. To promote the Infringing Hood Latch, Hairunkaiyuan has participated in trade
23 shows held in the United States for the automotive industry, namely the Specialty Equipment and
24 Market Association (SEMA) show. Upon information and belief, in connection with these
25 trade shows, Hairunkaiyuan has used, sold, displayed, offered for sale, and/or imported products
26 that infringe on Omixs intellectual property, including the patents asserted in this Complaint.
27 28. According to SEMAs website, The SEMA show is the premier automotive
28
5
1 specialty products trade event in the world. . . The 2016 SEMA show drew more than 70,000
2 domestic and international buyers. See About the 2017 SEMA Show attached hereto as
3 Exhibit C and incorporated by reference herein, available at https://www.semashow.com/the-
4 sema-show (last visited October 29, 2017).
5 29. Hairunkaiyuan registered as an exhibitor at SEMA, at booth 38203, and
6 advertised, displayed and offered for sale products, that infringe the Hood Latch Patent.
8 Table 1: Infringing Hood Latch

Hood Latch Patent Infringing Product
9
Hairunkaiyuan
10
11
12
13
14
15
16
Source:
17 http://www.freedream4x4.com/ProductsInfo.aspx?id=1809
18
19 30. On or around October 30, 2017, Omix representatives visited the Hairunkaiyuan
20 booth and observed Hairunkaiyuan offering to sell the Infringing Hood Latch.
21 31. A depiction of Hairunkaiyuans booth at SEMA and relevant posters containing
22 the Infringing Hood Latch are included below:
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
6
9 32. Omix never authorized Hairunkaiyuan to use the Hood Latch Patent.
10 33. Upon information and belief, Hairunkaiyuan knew of the Hood Latch Patent
11 before it began making, using, selling, offering to sell, and/or importing infringing products into

13 34. Upon information and belief, Hairunkaiyuans infringement of the Hood Latch
14 Patent has been and continues to be intentional and willful.
15 The x-Clamp Patent
16 35. Defendant Xianghe Baoliang competes with Omix in the market for auxiliary
17 light mount assemblies, for which Omix holds the x-Clamp Patent.
18 36. Upon information and belief, without Omixs authorization, Xianghe Baoliang
19 makes, uses, sells, offers for sale and/or imports Omixs auxiliary light mount assembly (the
20 Infringing x-Clamps) for use by customers and distributors within the United States and
21 abroad.
22 37. Upon information and belief, U.S. customers and distributors purchase products
23 either directly from Xianghe Baoliang or from distributors supplied by Xianghe Baoliang.
24 38. To promote the Infringing x-Clamp, Xianghe Baoliang has participated in trade
25 shows held in the United States for the automotive industry, namely SEMA. Upon information
26 and belief, in connection with these trade shows, Xianghe Baoliang has used, sold, displayed,
27 offered for sale, and/or imported products that infringe on Omixs intellectual property, including
28 the patents asserted in this Complaint.
7
1 Table 1: Example Infringing x-Clamp Products

Representative x-Clamp Representative Infringing x-
2 Patent Design Clamp Product
3 Defendant Xianghe Baoliang
9
Source:
10 Catalog Image
(Exhibit 2-F)
11
12 39. Xianghe Baoliang registered as an exhibitor at SEMA, at booth 50202, and

13 advertised, displayed and offered for sale products, including SKU SG-807, which infringes the
14 x-Clamp Patent.
15 40. Specifically, on or around October 30, 2017, Omix representatives visited the
16 Xianghe Baoliang booth at SEMA and obtained one of Xianghe Baolings assessory catalogue,
17 which includes the Infringing x-Clamp. A photograph of the relevant page from the Xianghe
18 Baoliangs accessory catalogue, which is on premises at the trade show, is below:
19
20
21
22
23
24
25
26
27
28
8
1 41. Omix never authorized Xianghe Baoliang to use the x-Clamp Patent.
2 42. Upon information and belief, Xianghe Baoliang knew of the x-Clamp Patent
3 before it began making, using, selling, offering to sell, and/or importing infringing products into
5 43. Upon information and belief, Xianghe Baoliangs infringement of the x-Clamp
6 Patent has been and continues to be intentional and willful.
7 FIRST CLAIM FOR RELIEF

INFRINGEMENT OF HOOD LATCH PATENT
8 (Against Defendant Hairunkaiyuan)
9 44. Omix incorporates the allegations in the preceding paragraphs as if fully set forth
10 herein.
11 45. The Hood Latch Patent was duly and legally issued by the United States Patent
12 and Trademark Office.

13 46. The Hood Latch Patent is valid and enforceable.
14 47. Hairunkaiyuan has been and is currently infringing, actively inducing others to
15 infringe, and/or contributing to the infringement of the Hood Latch Patent in violation of 35
16 U.S.C. 271, by making, using, selling, and/or offering for sale, or causing or inducing others to
17 infringe the same with at least its sale and/or distribution of hood latches within the United States
18 that infringe the Hood Latch Patent.
19 48. Upon information and belief, Hairunkaiyuan will continue to directly and/or
20 indirectly infringe the Hood Latch Patent unless and until it is enjoined by this Court.
21 49. Hairunkaiyuan has caused and will continue to cause Omix irreparable injury and
22 damage as a result of its direct and/or indirect infringement of the Hood Latch Patent. Omix will
23 suffer further irreparable injury, for which there is no adequate remedy at law, unless and until
24 Hairunkaiyuan is enjoined from infringing the Hood Latch Patent.
25 50. Omix is entitled to injunctive relief under 35 U.S.C. 283.
26 51. Omix is entitled to damages under 35 U.S.C. 284 by virtue of Hairunkaiyuan's
27 infringement of the Hood Latch Patent.
28 ///
9
1 52. This is an exceptional case warranting an award of attorneys' fees to Omix under
2 35 U.S.C. 285.
3 SECOND CLAIM FOR RELIEF

INFRINGEMENT OF x-CLAMP PATENT
4 (Against Defendant Xianghe Baoliang)
5 53. Omix incorporates the allegations in the preceding paragraphs as if fully set forth
6 herein.
7 54. The x-Clamp Patent was duly and legally issued by the United States Patent and
8 Trademark Office.
9 55. The x-Clamp Patent is valid and enforceable.
10 56. Xianghe Baoliang has been and are currently infringing, actively inducing others
11 to infringe, and/or contributing to the infringement of the x-Clamp Patent in violation of 35
12 U.S.C. 271, by making, using, selling, and/or offering for sale, or causing or inducing others to
13 infringe the same with at least its sale and/or distribution of auxiliary light mounts assemblies
14 within the United States that infringe the x-Clamp Patent.
15 57. Upon information and belief, Xianghe Baoliang will continue to directly and/or
16 indirectly infringe the x-Clamp Patent unless and until it is enjoined by this Court.
17 58. Xianghe Baoliang has caused and will continue to cause Omix irreparable injury
18 and damage as a result of its direct and/or indirect infringement of the x-Clamp Patent. Omix
19 will suffer further irreparable injury, for which there is no adequate remedy at law, unless and
20 until Xianghe Baoliang is enjoined from infringing the x-Clamp Patent.
21 59. Omix is entitled to injunctive relief under 35 U.S.C. 283.
22 60. Omix is entitled to damages under 35 U.S.C. 284 by virtue of Xianghe
23 Baoliang's infringement of the x-Clamp Patent.
24 61. This is an exceptional case warranting an award of attorneys fees to Omix under
25 35 U.S.C. 285.
26 PRAYER FOR RELIEF
27 WHEREFORE, Omix respectfully prays that the Court grant the following relief:
28 A. Enter judgment for Omix and against Hairunkaiyuan for willful infringement of
10
1 the Hood Latch Patent;
2 B. Enter judgment for Plaintiff and against Xianghe Baoliang for willful
3 infringement of the x-Clamp Patent;
4 C. A temporary, preliminary, and permanent injunction against further infringement
5 of the Hood Latch Patent by Hairunkaiyuan;
6 D. A temporary, preliminary, and permanent injunction against further infringement
7 of the x-Clamp Patent by Xianghe Baoliang;
8 E. An order pursuant to the Courts inherent authority directing the seizure of all
9 infringing products, or any other copy, reproduction or colorable imitation of the Hood Latch
10 Patent, and x-Clamp Patent that are in Defendants possession or control, including all
11 advertising and other materials used in furtherance of Defendants infringements whether in hard
12 copy or electronic form;

13 F. An order pursuant to the Courts inherent authority directing United States
14 Customs and Border Protection to seize all Infringing Hood Latches and Infringing x-Clamps
15 coming into the United States;
16 G. An order directing Defendants to destroy any Infringing Hood Latches and
17 Infringing x-Clamps at the election of Omix;
18 H. An order directing Defendants to destroy or surrender all tooling;
19 I. An award of damages adequate to compensate Omix for the patent infringements
20 that have occurred pursuant to 35 U.S.C. 284, which shall be trebled as a result of Defendants
21 willful patent infringement, or an award of Defendants profits from their infringements pursuant
22 to 35 U.S.C. 289, whichever is greater, together with prejudgment interest and costs;
23 J. An assessment of costs, including reasonable attorney fees and expenses, pursuant
24 to 35 U.S.C. 285, with prejudgment interest; and
25 K. Such other and further relief as this Court deems just and proper.
26 ///
27 ///
28 ///
11
1 DEMAND FOR JURY TRIAL
2 Pursuant to FRCP 28, Omix hereby demands a trial by jury on all issues for which a trial
3 by jury may be had.
4 DATED this 31st day of October 2017.
5 DICKINSON WRIGHT PLLC
7 JOHN L. KRIEGER
8 JOEL Z. SCHWARZ
CHRISTIAN T. SPAULDING
9 8363 West Sunset Road, Suite 200
10 Tel: (702) 550-4400
Fax: (844) 670-6009
11
12 Attorneys for Plaintiff Omix-ADA, Inc.

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Case 2:17-cv-02748 Document 1-1 Filed 10/31/17 Page 1 of 8
OMIX-ADA, INC., a Georgia Corporation,
V.
QINGDAO HAIRUNKAIYUAN AUTO PARTS CO., LTD., AflC/A SHANGDONG

KAIYUAN VEHICLE PARTS CO., LTD., a fioreign company; XIANGHE BAOLIANG
METAL PRODUCTS CO., LTD., AflC/A XIANGHE BAOLIANG, a foreign company.
EXHIBIT A
I lIIll llllllll Ill lllll IIllll llII Illll lllII IIlll llIII IIIll lllllll ll lllll lIII
USOOD692290S
(l2) United States Design Patent (10) Patent No.: US D692,290 S

Stanesic et aI. (45) DateofPatent: ** Oct.29,2013
(54) HOOT) LATCH 7,036,618 B2* 5/2006 Telfordetal.... 180/69.2

D524631 S * 7/2006 Boote ... D8/33 i
7,l95,090 B2* 3/2007 Parksetal. . 1 80/27 1
(71) Applicant: Omix-Ada, Inc., Suwanee, GA (US) 7'2041526 B2* 4/2007 Seo... . 292/24
D6031684 S * 1l/2009 Martisetal.. D8/33 I
(72) Inventors: John M. Stanesic, Dacula, GA (US); 8,398,l25 B2* 3/2013 Tckalashietal. . 292/45
AIain Eboli, Lawrenceville, GA QJS)
OTHER PUBLICATIONS
(73) Assignee: Omix-Ada, Inc., Suwanee, GA (US) Prior art latch designs, 3 pages.
(**) Term: 14 Years * cited by examiner
(2l) Appl. No.: 29/434,214 Prl'mtzrJ, frtlm'neer - Prabhakar Deshmulch

Filed: Oct. ll, 2012 (74) J4rrorneey, J4genef, orFj'- - Womble Carlyle Sandridge
& Rice, LLP
"; LOG (9) Cl. 08-07
( ; 2: U.S. CI.
D8/331
(57) CLAIM
(58) Field of Classification Search The omamental design for a hood latch, as shown and
USPC ..... ....... D8/330, 331, 336, 343, 347.) 7O/14, described.
70/151, 99, 195, 224, 240) 24l., 292/214,
292/216, 117, 45, 308, 359, 358, DIG. 14,
292roIG. 43, DIG. 61, DIG. 30 DESCRIPTION
See application file for complete search history.
FIG. 1 is a perspective view ofa hood latch showing our new
(56) References Cited design;
U.S. PATENT DOCUMENTS FIG. 2 is a front view thereof.,
FIG. 3 is a rear view thereof;
3,600,Ol8 A * 8/l97l Dzusetal.. ... 292/69 FIG. 4 is a right side view thereof, the left side view being a
4,936.611 A * 6/1990 Palvolgyi.... ... 292/28 mirror image ofthe right side view;
6,422,616 Bl+ 7/2002 Wortmannetal. ... ... 292/216
FIG. 5 is a top view thereof; and,
6,581,987 Bl* 6/2003 Gentileetal. ... ... 292/216
6.588,515 B2t 7/2003 Wentwothetal... . l75/l9
FIG. 6 is a bottom view thereof.
6,598,912 B2* 7/2OO3 Hillgaertneretal.. ... 292/225
D487,560 S * 3/2004 Magnusson.... .,., D8/33l 1 Claim9 6 DI.awlng Sheets
U.S. Patent octrf9, 2013 Sheet 1 of6 US D692,290 S

U.S. Patent oct. 29, 2013 Sheet 2 of6 US D692,290 S

U.S. Patent oct. 29, 2013 Sheets of6 US D692,290 S

U.S. Patent oct. 29, 2013 Sheet 4 of6 US D692,290 S

V.

KAIYUAN VEHICLE PARTS CO., LTD., a foreign company; XIANGHE BAOLIANG
METAL PRODUCTS CO., LTD., Afl/A XIANGHE BAOLIANG, a foreign company.
EXHIBIT B
I lllll llIIllll Ill IIlll llllll llll lIIll lIIIl lIIIl llIIl lIIII IIllIII II IIIll llll
USOOD7731 10S
(12) United States Design Patent (10) Patent No.: US D773,110 S

Eboli (45) Date of Patent: ** Nov.29,2016
(54) AUXILIARY LIGHT MOUNT ASSEMBLY 6,588,637 B2 7/2003 Gates et al.

D482,489 S + l1/2003 Gay.... D26/138
7,458,620 B2 12/2008 Rotoleetal.
(71) Applicant: Omix-Ada, Inc., Suwanee, GA (US) 7,8741533 Bl I/20ll Gates et al.
D664707 S + 7/2012 Toft .... D26/l42
(72) Inventor: Alain Eboli, Lawrenceville, GA QJS) D692'290 S * 10/2013 Stanesic... D8/33 I
D752)804 S * 3/2016 Willianson D26/14 1
(73) Assignee: Omix-Ado, Inc., Suwanee, GA (US)
(Continued)
(**) Term: 14 Years PrI'rmary Examl'neer - George D Kirschbaum
Ass,I'5,/ce/ EJC]ml'roer - Natasha Vujcic
(21) AppI. No.: 29/Sol,370
(74) A#ormey, 4genef, or FI'rm - Womble Carlyle
Sandridge & Rice LLP
(22) Filed: Sep. 3, 2014
(57) CLAIM
Related U.S. Application Data The omamental design for an auxiliary light mount assem-
bly, as shown and described.
(63) Continuation of application No. 14/030)279, filed on
Sep. 18, 2013' now Pat. No. 9,145'084.
DESCRIPTION
(5l) LOC(10) Cl.
(52) U.S.Cl. FIG. 1 is a perspective view of an auxiliary licht mount
assembly, showing mounted around a tubular bumper, in
(58) Field of CIassification Search accordance with my invention;
USPC ........ D26/24, 39, 59, 67, 68, 69, 70, 71, 72,FIG. 2 is another perspective view of the auxiliary light
D26/74, 77, 80, 88, 89, l38, 139, 140, 141,mount assembly of FIG. 1.
D26/142, 151, l52 FIG. 3 is a front view ofthe auxiliary light mount assembly
CPC.... ..... F24S 4/001; F24S 4/005; F24S 8/00.) ofFIG. 1.
F24S 8/04: F24S 8/043., F24S 8/046; F24S FIG. 4 is a back view ofthe auxiliary light mount assembly
8/06-8/065; F24S 13/02; F24S 13/04; F24S ofFIG. 1.
13/06 FIG. 5 is a top view of the auxiliary light mount assembly
See application file for complete search history. ofFIG. 1.
FIG. 6 is a bottom view of the auxiliary light mount
(56) References Cited assembly of FIG. 1.
FIG. 7 is a right side view of the auxiliary light mount
U.S. PATEnIT DOCtmEr`rTS
assembly of FIG. 1; and,
l'777,884 A 10/l930 Horix
FIG. 8 is a left side view of the auxiliary light mount
D378,l45 S * 2/l997 Cohon ... .... D26/l41 assembly of FIG. 1.
5,634,620 A 6/l997 Verot The broken lines illustrate a tubular bumper around which
D381,113 S * 7/l997 Safyan.... .... D26/l40 the auxiliary light mount assembly is mounted and a logo
D393,098 S + 3/l998 Adan|s..... .... D26/138
symbol formed into a visible surface, which tubular bumper
6'lO6'l89 A 8/2000 Scale
D430,699 S t 9/2000 Coleman, Jr,.. .... D26/138
and logo symbol form no part of the claimed design.
D440,005 S + 4/200l Blanton ... .... D26/l38
6,407,713 B1 6/2002 Mallenius 1 CIaim9 4 Drawing Sheets
US D773,110 S
Page 2
References Cited 2Oll/0315829 Al l2/20ll Darnell

(56)
2012/0267408 Al lO/2012 DeVolder
U.S. PATENT DOCUMENTS 2013/0207379 Al 8/2013 Meissner et al.
2015/0069821 All 3/2015 Bennett..... B60B 7/0013
301/37.26
D758,829 S t 6/2016 Bennett.... D8/328
2015/0076300 Al* 3/2015 Eboli . B60Q 1/0483
2003/Ol68484 Al 9/2OO3 Gates et al. 248/2 14
2008/0095573 Al 4/2008 Hewett et al.
2010/0038505 A1 2/2010 Sonnenberg
* cited I)y examiner
V.

KAIYUAN VEHICLE PARTS CO., LTD., a foreign company; XIANGHE BAOLIANG
METAL PRODUCTS CO., LTD., A/K/A XIANGHE BAOLIANG, a foreign company.
EXHIBIT C
10/31/2017
About the 2017 SEMA Show I SEMA Show
LASVEGAS CONVENTION CENTER I LASVEGAS, NEVADA I OCT31 -Nova,2017 BECOME A SEMA MEMBER TODAY E]
SEMH
IlilllllllltIIIIpFSrI_r=TaXT.-I
ABOiJT E,HIBiTORS ATTEha!lELtS MEDIA EVENTS FArdS #iiTA^LrT LIB
Exhibitors Attendees Media

SERE
i_TT____==_
E#ffiEXEL'B'"ES ] OCTC!eEFt a 1_*la\?Eh*EEFI a asi 7
LAG veGIAa aQ!urE|maN CENrm
About the 2017 SEMA Show i Like,1rJ
Tagged ul.clef. Auto Trade Show ALltOmOtiVe TTade Show
The SEMA Show takes place October 31 - November 3, 2O17 at the Las Vegas Convention Center located
at 3150 Paradise Road, Las Vegas, NV 89109.
The SEMA Show is the premier automotive specialty products trade event in the world. lt draws the
industry's brightest minds and hottest products to one place' the Las Vegas Convention Center. ln additionl
the SEMA Show provides attendees with educational seminars) product demonstrations' special events)
networking opporfunjtjes and more.
The 2016 SEMA Show drew more than 70,000 domestic and international buyers. The displays are
segmented into 12 sections' and a New Products Showcase featured nearly 31000 newly introduced parts'
NBV. 2, 2817
tools and components. ln addition the SEMA Show provides attendees with eclucational seminars, product
demonstrations, special events, networking opportunities and more... 6:80 PNI
WESTGRTE HOTEL
Note: The SEMA Show is a tradenly event and not open to the general public.
* - Official Hashtag #SEMA2017
Registration Hours
Registration
Thursday, October 26 8..00 a.m. - 5:00 p.m.i
Friday, October 27 8:OO a.m. - 5:00 p.m.i
Saturday, October 28 8:OO a.m. - 5:OO p.m.I
Sunday, October 29 8:00 a.m. - 5:OO p.m.
Monday, October 30 7:SOS.m. - 5:00 p.m.
Tuesday, October 31 7:OO a.m - 5:00 p'm.
Wednesday, November 1 7:30 a.m. - 5:00 p.m.
Thursday, November 2 7:30 a.m. - 5:00 p.m.
Friday, November 3 7:30a.m. - 2:00 p.m.

*SEMA Show exhibitor only
Exhibit Hours
LVCC & Westgate Exhibits New Products Showcase
Tuesday, October 31 9..00 a.m. -5:00 p.m. 8:00 a.m. - 6:00 p.m.
Wednesday, November 1 9:OO a.m. - 5:OO p.m. 8:00 a.m. -6:OO p.m.
Thursday, November 2 9:00 a.m. - 5:00 p.m. 8:00 a.m. -6:00 p.m.
Friday, November 3 9:OO a.m. -4:00 p.m. 8:OO a.m. - 3:00 p.m.
Future Dates
https://\MM^/.SemaShOW.com/the-Sema-Show 1/2
10/31/2017 Case 2:17-cv-02748 Document
Aboutthe 2O171-3
SEMA Filed 10/31/17
Show I SEMA Show Page 3 of 3
2O17 SEMA Show: October 31-November 3
201 8 SEMA Show.. October 30-November 2
2019 SEMA Show: November 5-8
2020 SEMA Show: November 3-6
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- i;),r/ I, 4,,.- L*,A Aul`lii,>r(-r-,i,,I,i
https://\M^M/.SemaShOW.com/the-Sema-Show 2/2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
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

OMIX-ADA, INC. a Georgia Corporation, QINGDAO HAIRUNKAIYUAN AUTO PARTS CO., LTD., A/K/A
SHANGDONG KAIYUAN VEHICLE PARTS CO., LTD., a foreign
company; XIANGHE BAOLIANG METAL PRODUCTS CO., LTD., A/K
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(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)
John L. Krieger, Joel Z. Schwarz, and Christian Spaulding, Esqs.,
Dickinson Wright LLP 8363 West Sunset Road, Suite 200, Las Vegas,
NV 89113-2210; (702) 550-4400
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)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 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
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veterans Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 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 USC 271, 281, and 289
VI. CAUSE OF ACTION Brief description of cause:
Design patent infringement
VII. REQUESTED IN u 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: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/31/2017
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
District
__________ of Nevada
District of __________
OMIX-ADA, Inc., a Georgia corporation, )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
QINGDAO HAIRUNKAIYUAN AUTO PARTS CO.,
)
LTD., A/K/A SHANGDONG KAIYUAN VEHICLE
)
PARTS CO., LTD., a foreign company; et al. )
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address) Qingdao Hairunkaiyuan Auto Parts Co., Ltd., a/k/a Shangdong Kaiyuan Vehicle Parts
Co., Ltd. and Freedream
Room 2802, Building 1,
China Construction Plaza,
No. 658 Jingganshan Road,
Qingdao City,
China
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: DICKINSON WRIGHT PLLC
John L. Krieger/Joel Z. Schwarz, Esqs.
Las Vegas, NV 89113
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
I personally served the summons on the individual at (place)

on (date) ; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
I returned the summons unexecuted because ; or
Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
Print Save As... Reset

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
District
__________ of Nevada
District of __________
OMIX-ADA, Inc., a Georgia corporation, )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
QINGDAO HAIRUNKAIYUAN AUTO PARTS CO., )
LTD., A/K/A SHANGDONG KAIYUAN VEHICLE )
PARTS CO., LTD., a foreign company; et al. )
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address) Xianghe Baoliang Metal Products Co., Ltd., a/k/a Beijing Yunliang Shunda Trade Co.,
Ltd.
S50 5th Ring Road,
Chaoyang Qu, Beijing,
China
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: DICKINSON WRIGHT PLLC
John L. Krieger/Joel Z. Schwarz, Esqs.
Las Vegas, NV 89113
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
u I personally served the summons on the individual at (place)

on (date) ; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:

Omix Ada v. Qingdao Hairunkaiyuan Auto Parts - Complaint

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Case 2:17-cv-02748 Document 1 Filed 10/31/17 Page 1 of 12

1 DICKINSON WRIGHT PLLC

13 OMIX-ADA, INC., a Georgia Corporation, CASE NO.

2 U.S.C. 101, et seq., specifically, 35 U.S.C. 271 and 281.

3 JURISDICTION AND VENUE

6 35 U.S.C. 1 et seq. and is a civil action for patent infringement.

17 Division of this Judicial District.

27 for sale within the United States.

5 the United States.

8 7. Omix is the worlds largest independent manufacturer and wholesaler of Jeep

5 The Hood Latch Patent

8 hereto as Exhibit A and incorporated by reference herein.

10 Patent and is entitled to sue for past and future infringement.

22 The x-Clamp Patent

25 as Exhibit B and incorporated by reference herein.

27 and is entitled to sue for past and future infringement.

13 Defendants Infringing Activities

3 Exhibit C and incorporated by reference herein, available at https://www.semashow.com/the-

4 sema-show (last visited October 29, 2017).

5 29. Hairunkaiyuan registered as an exhibitor at SEMA, at booth 38203, and

8 Table 1: Infringing Hood Latch

21 31. A depiction of Hairunkaiyuans booth at SEMA and relevant posters containing

22 the Infringing Hood Latch are included below:

12 the United States.

14 Patent has been and continues to be intentional and willful.

15 The x-Clamp Patent

28 the patents asserted in this Complaint.

1 Table 1: Example Infringing x-Clamp Products

3 Defendant Xianghe Baoliang

12 39. Xianghe Baoliang registered as an exhibitor at SEMA, at booth 50202, and

4 the United States.

6 Patent has been and continues to be intentional and willful.

7 FIRST CLAIM FOR RELIEF

12 and Trademark Office.

13 46. The Hood Latch Patent is valid and enforceable.

18 that infringe the Hood Latch Patent.

24 Hairunkaiyuan is enjoined from infringing the Hood Latch Patent.

25 50. Omix is entitled to injunctive relief under 35 U.S.C. 283.

26 51. Omix is entitled to damages under 35 U.S.C. 284 by virtue of Hairunkaiyuan's

27 infringement of the Hood Latch Patent.

3 SECOND CLAIM FOR RELIEF

9 55. The x-Clamp Patent is valid and enforceable.

11 to infringe, and/or contributing to the infringement of the x-Clamp Patent in violation of 35

14 within the United States that infringe the x-Clamp Patent.

20 until Xianghe Baoliang is enjoined from infringing the x-Clamp Patent.

21 59. Omix is entitled to injunctive relief under 35 U.S.C. 283.

22 60. Omix is entitled to damages under 35 U.S.C. 284 by virtue of Xianghe

23 Baoliang's infringement of the x-Clamp Patent.

26 PRAYER FOR RELIEF

1 the Hood Latch Patent;

3 infringement of the x-Clamp Patent;

4 C. A temporary, preliminary, and permanent injunction against further infringement

5 of the Hood Latch Patent by Hairunkaiyuan;

6 D. A temporary, preliminary, and permanent injunction against further infringement

7 of the x-Clamp Patent by Xianghe Baoliang;

12 copy or electronic form;

13 F. An order pursuant to the Courts inherent authority directing United States

15 coming into the United States;

16 G. An order directing Defendants to destroy any Infringing Hood Latches and

17 Infringing x-Clamps at the election of Omix;

18 H. An order directing Defendants to destroy or surrender all tooling;

19 I. An award of damages adequate to compensate Omix for the patent infringements

23 J. An assessment of costs, including reasonable attorney fees and expenses, pursuant

24 to 35 U.S.C. 285, with prejudgment interest; and