Case 3:18-cv-02476-WQH-JLB Document 1 Filed 10/28/18 PageID.

1 Page 1 of 8

1 John K. Buche (SBN 239477)

2
Byron E. Ma (SBN 299706)
BUCHE & ASSOCIATES, P.C.
3 875 Prospect, Suite 305
4 La Jolla, California 92037
Tel: 858.459.9111
5 Fax: 858.459.9120
6 jbuche@buchelaw.com
bma@buchelaw.com
7
8 Attorneys for Plaintiff
Paul Arredondo
9
10
UNITED STATES DISTRICT COURT
11
SOUTHERN DISTRICT OF CALIFORNIA
12
PAUL ARREDONDO, an individual, Case No.: '18CV2476 WQHJLB
13
14 Plaintiff, COMPLAINT FOR PATENT
INFRINGEMENT OF U.S. PATENT
15 v. NO. D594,726
16 JAG CLAMP, LLC, an Arkansas limited
17 liability company; and, Andy Green, an JURY TRIAL DEMANDED
individual.
18
19 Defendants.

20 Plaintiff Paul Arredondo (“Arredondo” or “Plaintiff”) hereby files this Complaint

21
against Defendant Jag Clamp, LLC (“Jag Clamp”) and Defendant Andy Green
22
23 (“Green”) (collectively “Defendants”) and alleges as follows:

24 THE PARTIES
25
26 1. Plaintiff Arredondo, is an individual residing in San Diego County, Cali-

27 fornia. Complainant’s address is 1704 York Dr., Vista, CA 92084.

28

1
COMPLAINT
 Case 3:18-cv-02476-WQH-JLB Document 1 Filed 10/28/18 PageID.2 Page 2 of 8

1 2. Defendant Jag Clamp, LLC is an Arkansas limited liability company doing

2
business in the State of California and in the Southern District of California. Service of
3
4 process is proper on the registered agent, Andy Green, whose address is 908 Convair
5 Street, Bentonville, Arkansas 72712.
6
3. On information and belief, Defendant Andy Green “Green” is an individ-
7
8 ual residing in the state of Arkansas with an address at 908 Convair Street, Bentonville,
9
Arkansas 72712. On information and belief, service of process is proper on Green at
10
11
908 Convair Street, Bentonville, Arkansas 72712.

12 JURISDICTION AND VENUE

13
4. This action arises under the patent laws of the United States, 35 U.S.C. §
14
15 1 et seq., and seeks damages and injunctive relief pursuant to 35 U.S.C. §§ 271, 281,
16
284, 285, and 289.
17
5. This Court has subject matter jurisdiction over the action pursuant to 28
18
19 U.S.C. §§1331 and 1338(a) because the actions below concern a federal question arising
20
under the patent laws of the United States, including 35 U.S.C. § 271.
21
22 6. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b), (c) and
23 1400 (b) because, among other reasons, Defendants are subject to personal jurisdiction
24
in this judicial district and have committed acts of infringement in this judicial district
25
26 or will imminently commit acts of infringement in this judicial district.
27
28

2
COMPLAINT
 Case 3:18-cv-02476-WQH-JLB Document 1 Filed 10/28/18 PageID.3 Page 3 of 8

1 7. This Court has personal jurisdiction over Defendants because Defendants

2
have had, and continue to have, regular and systematic contacts with the State of Cali-
3
4 fornia and within this judicial district by selling and/or offering to sell products and
5 services that infringe the patent at issue in this case, and/or by conducting other business
6
within this judicial district. In addition, this Court has personal jurisdiction over De-
7
8 fendants because Defendants have used, offered for sale, and/or sold infringing products
9
and placed such infringing products in the stream of commerce with the expectation
10
11
that such infringing products would be used, offered for sale, and/or sold within the

12 State of California and this judicial district.

13
FACTUAL BACKGROUND
14
15 8. Paragraphs 1-7 are hereby incorporated by reference.
16
9. Plaintiff owns the entire right, title, and interest in U.S. Patent Number
17
D594,726 (“the ‘726 Patent), entitled “Guide Line Clamp,” which was filed on May 14,
18
19 2008 and issued on June 23, 2009. Attached herein as Exhibit A is a true and correct
20
copy of the ‘726 Patent. The ‘726 Patent is valid, enforceable, and currently in full
21
22 force and effect.
23 10. Defendants manufacture, import, use, and/or sell a guide line clamp that
24
looks virtually identical to the guide line clamp depicted and claimed in the ‘726 Patent.
25
26
27
28

3
COMPLAINT
 Case 3:18-cv-02476-WQH-JLB Document 1 Filed 10/28/18 PageID.4 Page 4 of 8

1 Defendants offer for sale a “JAGCLAMP” (“Accused Product”) (attached herein as Ex-
2
hibit B is a printout of the infringing “JAGCLAMP” offered for sale). A comparison
3
4 on the ‘726 Patent and the Accused Product is shown below:
5
6
Plaintiff’s ‘726 Patent Jag Clamp’s Accused Product

7
8
9
10
11
12
13
14 FIG. 1
15
16
17
18
19
20
21
22
23
24
25
26 FIG. 2
27
28

4
COMPLAINT
 Case 3:18-cv-02476-WQH-JLB Document 1 Filed 10/28/18 PageID.5 Page 5 of 8

1 11. Defendants’ infringing guide line clamp copies the ornamental look and
2
appearance of the design of the ‘726 Patent.
3
4 12. Defendants do business and sell their Accused Products in the United
5 States and in this district, via retail stores, such as Thompson Building Materials and
6
Brickyard Building Materials (attached herein as Exhibit C is a printout of Jag Clamp’s
7
8 retailers in California). Defendants have also offered for sale and/or sold infringing
9
products to addresses in San Diego, California. Attached herein as Exhibit D is a re-
10
ceipt for one of Defendants' Accused Product purchased in San Diego, California.
11
12 13. On information and belief, individual Defendant Green was aware of
13
Plaintiff’s intellectual property and actively engaged and willfully participated with in-
14
15 fringement of Plaintiff’s ‘726 Patent.
16
14. On information and belief, Jag Clamp, LLC is also the alter ego of Andy
17
Green and is so indistinct from the individual that the corporate veil should be pierced
18
19 to avoid allowing its controller to escape liability. On information and belief, there is
20
(i) a unity of interest and ownership between Jag Clamp, LLC and Andy Green, and (ii)
21
22 there will be an inequitable result if the Defendants’ acts are treated as those of Jag
23 Clamp, LLC alone.
24
FIRST CLAIM FOR RELIEF
25
26 (Patent Infringement of U.S. Pat. No. D594,726)
27
15. Paragraphs 1–14 are hereby incorporated by reference.
28

5
COMPLAINT
 Case 3:18-cv-02476-WQH-JLB Document 1 Filed 10/28/18 PageID.6 Page 6 of 8

1 16. This is a claim for patent infringement under 35 U.S.C. § 271.

2
17. The ‘726 Patent was duly and legally issued on June 23, 2009. The design
3
4 of the ‘726 Patent was invented by and the patent issued to Paul Arredondo.
5 18. On information and belief, Defendants infringed the claim of the ‘726 Pa-
6
tent, “[t]he ornamental design for a guide line clamp, as shown and described” by and
7
8 through making, using, selling and/or importing the Accused Product, which an ordi-
9
nary observer would think is substantially the same as that shown and described in the
10
11
‘726 Patent.

12 19. Defendants infringe the ‘726 Patent by making, using, offering for sale,
13
importing, and selling infringing products within the United States and this judicial dis-
14
15 trict.
16
20. On information and belief, Defendants knew about the ‘726 Patent at the
17
time they engaged in its infringing activities. Defendants’ infringement of the ‘726
18
19 Patent has been without permission, consent, authorization, or license of Arredondo.
20
Therefore, on information and belief, Defendants’ actions constitute willful and inten-
21
22 tional infringement of the ‘726 Patent.
23 21. As a direct and proximate result of Defendants’ infringement of the ‘726
24
Patent, Arredondo has been damaged and is entitled to recover damages adequate to
25
26 compensate him for the infringement.
27
28

6
COMPLAINT
 Case 3:18-cv-02476-WQH-JLB Document 1 Filed 10/28/18 PageID.7 Page 7 of 8

1 22. As a direct and proximate result of Defendants’ infringement of the ‘726

2
Patent, Defendants have derived and received gains, profits and advantages in an
3
4 amount currently unknown to Arredondo.
5 23. Pursuant to 35 U.S.C. § 289, Arredondo is entitled to Defendants’ total
6
profits from Defendants’ infringement of the ‘726 Patent.
7
8 24. Pursuant to 35 U.S.C. § 284, Arredondo is entitled to damages for Defend-
9
ants’ infringing acts and treble damages together with interest and costs as fixed by this
10
11
Court.

12 25. Pursuant to 35 U.S.C. § 285, because of the exceptional nature of this case,
13
Arredondo is entitled to reasonable attorneys’ fees for the necessity of bringing this
14
15 claim.
16
JURY DEMAND
17
Plaintiff hereby demands a trial by jury on all issues so triable.
18
19 PRAYER FOR RELIEF
20
WHEREFORE, Plaintiff Arredondo respectfully requests that judgment be en-
21
22 tered in favor of Arredondo and against Defendants and further prays that the Court
23 grant the following relief to Plaintiff Arredondo:
24
a. A judgment that Defendants have infringed the ‘726 Patent;
25
26 b. that Defendants account for all gains, profits, and advantages derived by
27
Defendants’ infringement of the ‘726 Patent in violation of 35 U.S.C. § 271, and that
28

7
COMPLAINT
 Case 3:18-cv-02476-WQH-JLB Document 1 Filed 10/28/18 PageID.8 Page 8 of 8

1 Defendants pay to Arredondo all damages suffered by Arredondo and/or Defendants’

2
total profits from such infringement and/or alternatively not less than a reasonable roy-
3
4 alty;
5 c. an Order adjudging Defendants have willfully infringed the ‘726 Patent
6
under 35 U.S.C. § 271;
7
8 d. an Order for a trebling of damages and/or exemplary damages because of
9
Defendants’ willful conduct pursuant to 35 U.S.C. § 284;
10
11
e. an Order adjudging that this is an exceptional case;

12 f. an award to Arredondo of the attorneys’ fees and costs incurred by Arre-

13
dondo in connection with this action pursuant to 35 U.S.C. § 285;
14
15 g. an award of pre-judgment and post-judgment interest and costs of this ac-
16
tion against Defendants; and,
17
h. such other and further relief as the Court may deem just and proper.
18
19 Dated: October 28, 2018 Respectfully Submitted,
20
By: /s/ John K. Buche
21 John K. Buche (CSBN 239477)
Byron E. Ma (CSBN 299706)
22 BUCHE & ASSOCIATES, P.C.
875 Prospect, Suite 305
23 La Jolla, California 92037
Tel: 858.459.9111
24 Fax: 858.459.9120
Email: jbuche@buchelaw.com
25 bma@buchelaw.com
26 Attorneys for Plaintiff
Paul Arredondo
27
28

8
COMPLAINT
 Case 3:18-cv-02476-WQH-JLB Document 1-1 Filed 10/28/18 PageID.9 Page 1 of 1
CIVIL COVER SHEET

(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

PAUL ARREDONDO JAG CLAMP, LLC and ANDY GREEN

(b) San Diego, California Benton, Arkansas

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

(c) (Firm Name, Address, and Telephone Number) (If Known)

'18CV2476 WQHJLB
BUCHE & ASSOCIATES, P.C.
875 Prospect St., Suite 305, La Jolla, CA 92037
858-459-9111

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)
PTF DEF PTF DEF
(U.S. Government Not a Party) or

and
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
PERSONAL INJURY PERSONAL INJURY

PROPERTY RIGHTS

LABOR SOCIAL SECURITY

PERSONAL PROPERTY

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS

Habeas Corpus:

IMMIGRATION
Other:

V. ORIGIN (Place an “X” in One Box Only)

(specify)
(Do not cite jurisdictional statutes unless diversity)
35 U.S.C. § 271, 15 U.S.C. §1125
VI. CAUSE OF ACTION
Patent infringement
VII. REQUESTED IN CLASS ACTION DEMAND $
COMPLAINT: JURY DEMAND:
VIII. RELATED CASE(S)
(See instructions):
IF ANY

10/28/2018 /s/ John K. Buche

FOR OFFICE USE ONLY
Case 3:18-cv-02476-WQH-JLB Document 1-2 Filed 10/28/18 PageID.10 Page 1 of 5

EXHIBIT A
Case 3:18-cv-02476-WQH-JLB Document 1-2 Filed 10/28/18 PageID.11 Page 2 of 5

EXHIBIT A
Case 3:18-cv-02476-WQH-JLB Document 1-2 Filed 10/28/18 PageID.12 Page 3 of 5

EXHIBIT A
Case 3:18-cv-02476-WQH-JLB Document 1-2 Filed 10/28/18 PageID.13 Page 4 of 5

EXHIBIT A
Case 3:18-cv-02476-WQH-JLB Document 1-2 Filed 10/28/18 PageID.14 Page 5 of 5

EXHIBIT A
Case 3:18-cv-02476-WQH-JLB Document 1-3 Filed 10/28/18 PageID.15 Page 1 of 3

EXHIBIT B
Case 3:18-cv-02476-WQH-JLB Document 1-3 Filed 10/28/18 PageID.16 Page 2 of 3

EXHIBIT B
Case 3:18-cv-02476-WQH-JLB Document 1-3 Filed 10/28/18 PageID.17 Page 3 of 3

EXHIBIT B
Case 3:18-cv-02476-WQH-JLB Document 1-4 Filed 10/28/18 PageID.18 Page 1 of 3

EXHIBIT C
Case 3:18-cv-02476-WQH-JLB Document 1-4 Filed 10/28/18 PageID.19 Page 2 of 3

EXHIBIT C
Case 3:18-cv-02476-WQH-JLB Document 1-4 Filed 10/28/18 PageID.20 Page 3 of 3

EXHIBIT C
Case 3:18-cv-02476-WQH-JLB Document 1-5 Filed 10/28/18 PageID.21 Page 1 of 2

EXHIBIT D
Case 3:18-cv-02476-WQH-JLB Document 1-5 Filed 10/28/18 PageID.22 Page 2 of 2

EXHIBIT D