Imperial Toy v. MerchSource

8/3/2019 Imperial Toy v. MerchSource

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Case 8:11-cv-01636-DOC-AN Document 1 Filed 10/21/11 Page 1 of 18 Page ID #:5


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- 2 -COMPLAINT

(the 191 patent), which issued March 12, 1996, for BUBBLE PRODUCING

TOY.

2. Imperial Toy is informed and believes, and on that basis avers, thatdefendant MerchSource, LLC (MerchSource) is a limited liability company,

organized and existing under the laws of California with its principal place of

business at 19517 Pauling St., Foothill Ranch, CA 92869.

JURISDICTION AND VENUE

3. This claim arises under the United States patent laws, 35 U.S.C. 1et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331

and 1338(a).

4. This Court has personal jurisdiction over MerchSource asMerchSource is organized under the laws of this State and District and has regularly

engaged in business in this State and District, for example, by making, using,selling and/or offering to sale articles, including MerchSources Discovery Kids

Bubble Blower (Bubble Blower), which infringe at least claim 1 of the 191

patent and/or knowingly and actively inducing others to do so.

5. Venue in this District is proper based on 28 U.S.C. 1391 and 1400.MerchSource does business, have infringed, and continue to infringe the 191

patent in this District.



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- 3 -COMPLAINT

CLAIM FOR RELIEF

(For Patent Infringement, U.S. Patent No. 5,498,191)

6. Imperial Toy is the owner by assignment of the 191 patent, whichissued March 12, 1996, for BUBBLE PRODUCING TOY. A copy of the 191

patent is attached hereto as Exhibit A.

7. Imperial Toy is informed and believes, and on that basis avers, thatMerchSource has made, used, sold and/or offered for sale in this District and

elsewhere in the United States and/or has imported into the United States articles

(including MerchSources Bubble Blower) infringing at least claim 1 of the 191

patent and/or has knowingly and actively induced others to do so. Imperial Toy is

further informed and believes, and on that basis alleges, that this infringement will

continue unless and until enjoined by this Court.

8. Imperial Toy, by this Complaint and otherwise, has notifiedMerchSource of its infringement, which has been and continues to be willful anddeliberate. Imperial Toy has been and continues to be damaged by the above-

alleged infringement and will suffer irreparable harm until such time as that

infringement is enjoined.

PRAYER

Wherefore, plaintiff Imperial Toy LLC prays for judgment as follows:

1. For a preliminary and permanent injunction against infringement of the191 patent;



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- 4 -COMPLAINT

2. For an accounting and award of actual damages sustained by ImperialToy (but no less than a reasonable royalty) as a result of infringement of the 191

patent;

3. For treble damages under 35 U.S.C. 285;

4. For plaintiffs attorneys fees and costs incurred in prosecution of thisaction under, inter alia, 35 U.S.C. 285; and

5. For such other and further relief as this Court may deem just andproper.

Dated: October 21, 2011 CONNOLLY BOVE LODGE &HUTZ LLP

By:Glenn W. Trost

Attorneys for Plaintiff Imperial Toy LLC



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- 5 -COMPLAINT

DEMANDFORJURYTRIAL

Plaintiff Imperial Toy LLC hereby demand trial by jury.

Dated: October 21, 2011 CONNOLLY BOVE LODGE &HUTZ LLP

By:Glenn W. Trost

Attorneys for Plaintiff Imperial Toy LLC



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EXHIBIT A



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Imperial Toy v. MerchSource