`
`
`THOMAS J. DALY, CA Bar No. 119684
`thomas.daly@cph.com
`G. WARREN BLEEKER, CA Bar No. 210834
`warren.bleeker@cph.com
`CHRISTIE, PARKER & HALE, LLP
`655 North Central Avenue, Suite 2300
`Glendale, California 91203-1445
`Telephone: (626) 795-9900
`Facsimile: (626) 577-8800
`
`Attorneys for Plaintiff,
`BRAGEL INTERNATIONAL, INC.
`
`
`
`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`
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`BRAGEL INTERNATIONAL, INC.,
`a California corporation,
`
`Plaintiff,
`vs.
`
`STYLES FOR LESS, INC., a
`California corporation,
`
`Defendant.
`
`For its complaint against Defendant Styles for Less, Inc. (“Styles for
`Less”), Plaintiff Bragel International, Inc. (“Plaintiff”) alleges as follows:
`JURISDICTION
`1.
`This is an action for patent infringement pursuant to 35 U.S.C.
`Section 271. This Court has jurisdiction pursuant to 28 U.S.C. Section 1338(a).
`2.
`Venue is proper under 28 U.S.C. Sections 1391(b)(2) and/or (b)(3).
`PARTIES
`3.
`Plaintiff is a corporation organized and existing under the laws of the
`State of California, having a principal place of business at 3833 Pomona Blvd,
`Pomona, California.
`
`Case No. 8:15-cv-01756
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`
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`Case 8:15-cv-01756 Document 1 Filed 10/28/15 Page 2 of 5 Page ID #:2
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`4.
`Plaintiff is informed and believes, and thereon alleges that Defendant
`is a corporation organized and existing under the laws of the State of California,
`having a principal place of business at 1205 North Miller Street, #120, Anaheim,
`California.
`5.
`This court has personal jurisdiction over Defendant because
`Defendant has conducted systematic and continuous business within California
`and within this district and has directed its unlawful business activities towards
`California and this district.
`FACTUAL BACKGROUND
`6.
`Plaintiff has been engaged and is presently engaged in the design and
`distribution of strapless bras and attachable breast forms. Plaintiff’s products are
`sold throughout the United States and in many foreign countries including the
`People’s Republic of China, Hong Kong, Europe, and Canada.
`7.
`On February 7, 2005, Plaintiff filed a U.S. patent application directed
`to its attachable breast form enhancement system. It issued as U.S. Patent
`7,144,296 B2 (the “‘296 Patent”) on December 5, 2006 and is titled “Attachable
`Breast Form Enhancement System.” A copy of the ‘296 Patent is attached as
`Exhibit A.
`8.
`Defendant has sold and offered for sale in this District and
`elsewhere, and continues to sell and offer for sale in this District and elsewhere,
`without the consent or authorization of Plaintiff, the “Secret Style Silicone Self-
`Adhesive Bra” product that is covered by one or more claims of the ‘296 Patent
`(the “Infringing Product”).
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`Case 8:15-cv-01756 Document 1 Filed 10/28/15 Page 3 of 5 Page ID #:3
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`FIRST CLAIM FOR RELIEF
`(Patent Infringement)
`Plaintiff realleges paragraphs 1 through 8 as though fully set forth
`
`9.
`herein.
`10. Defendant, by itself or in concert with others, has made, used, sold or
`offered to sell, and continue to make, use, sell or offer to sell, in this District and
`elsewhere in the United States, the Infringing Products which infringe the ‘296
`Patent. In addition, Defendants actively induce their customers to directly
`infringe one or more claims of the ‘296 Patent. Defendant also contributes to the
`direct infringement of one or more claims of the ‘296 Patent by Defendant’s
`customers and/or end users of the Infringing Products. The Infringing Products
`have no substantial, noninfringing use.
`11. The alleged infringing acts of Defendant are without right, license, or
`authorization from Plaintiff.
`12. By their aforesaid acts, Defendants have infringed the ‘296 Patent
`entitling Plaintiff to relief pursuant to 35 U.S.C. Section 271.
`13. Upon
`information and belief, Defendant has had actual or
`constructive notice of the existence of the ‘296 Patent and despite such notice has
`continued to engage in acts of infringement.
`14. As a direct result of Defendant’s acts complained of herein, Plaintiff
`has been actually damaged and irreparably harmed and Defendant has been
`unjustly enriched, to an extent not presently ascertained, which damage, harm and
`enrichment will continue until enjoined by order of this Court.
`15. Defendant’s infringement is and has been willful and Plaintiff is
`entitled to enhanced damages against Defendant.
`16. This is an exceptional case and Plaintiff is entitled to an award of its
`attorneys’ fees.
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`Case 8:15-cv-01756 Document 1 Filed 10/28/15 Page 4 of 5 Page ID #:4
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`PRAYER
`Plaintiff demands judgment against Defendant as follows:
`1.
`Adjudging and decreeing that Defendant has committed acts of
`patent infringement by its manufacture, use, sale, and offer for sale of the
`infringing products and for contributory patent infringement and inducing patent
`infringement;
`2.
`For a temporary and permanent injunction prohibiting Defendant and
`its officers, agents, servants, employees and attorneys, and other persons in active
`concert or participation with them, from further infringing the ‘296 Patent and
`requiring Defendant to deliver up to Plaintiff for destruction any and all
`Infringing Products in any Defendant’s possession, custody or control, along with
`any items of manufacture, the sole purpose of which is to manufacture such
`Infringing Products, as well as any promotional literature and packaging which
`displays or promotes such Infringing Products.
`3.
`For patent infringement damages in an amount not less than a
`reasonable royalty, and for those damages to be trebled, pursuant to 35 U.S.C.
`Section 284 and/or lost profits;
`4.
`For prejudgment interest;
`5.
`For all of Plaintiff’s costs of this Action, including attorneys’ fees;
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`and
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`For such other or further relief as the Court may deem just and
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`6.
`proper.
`DATED: October 28, 2015
`
`Respectfully submitted,
`CHRISTIE, PARKER & HALE, LLP
`
`
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`
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`By /s/ Thomas J. Daly
`Thomas J. Daly
`Attorneys for Plaintiff,
`BRAGEL INTERNATIONAL, INC.
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`Case 8:15-cv-01756 Document 1 Filed 10/28/15 Page 5 of 5 Page ID #:5
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`DEMAND FOR JURY TRIAL
`Plaintiff Bragel International, Inc., pursuant to Federal Rule of Civil
`Procedure 38, hereby demands a trial by jury of all issues so triable.
`
`DATED: October 28, 2015
`
`Respectfully submitted,
`CHRISTIE, PARKER & HALE, LLP
`
`
`
`By /s/ Thomas J. Daly
`Thomas J. Daly
`Attorneys for Plaintiff,
`BRAGEL INTERNATIONAL, INC.
`
`
`
`
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`SES PAS1385696.1-*-10/28/15 5:45 PM
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