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`alleges as follows:
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`/ / /
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`/ / /
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`/ / /
`
`
`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
`
`I R V I N E
`
`4810-7329-8745.1
`
`
`
`
`Jacob Song (SBN 265371)
`KUTAK ROCK LLP
`5 Park Plaza, Suite 1500
`Irvine, CA 92614
`Telephone: (949) 417-0999
`Facsimile: (949)-417-5394
`Email:
`Jacob.Song@KutakRock.com
`
`Attorneys for Plaintiff GUTTERGLOVE, INC.
`
`UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF CALIFORNIA
`
`GUTTERGLOVE, INC. a California
`corporation,
`
`Plaintiff,
`
`v.
`
`AMERICAN DIE and
`ROLLFORMING, INC., a California
`corporation; and VALOR GUTTER
`GUARD,
`
`Defendants.
`
`Case No.
`
`Judge: Hon.
`Courtroom:
`
`GUTTERCLOVE, INC.’S ORIGINAL
`COMPLAINT FOR PATENT
`INFRIGNEMENT;
`JURY TRIAL DEMAND
`
`
`COMES NOW, Plaintiff, GUTTERGLOVE, INC., (“Gutterglove”) and files
`
`this Original Complaint for Patent Infringement against Defendants American Die
`
`and Rollforming, Inc. and Valor Gutter Guard, (collectively, “Defendants”); and
`
`
`
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 001
`
`IPR2018-00030
`
`

`

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`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
`
`I R V I N E
`
`
`
`I.
`
`NATURE OF THE SUIT
`
`1.
`
`This is a claim for patent infringement arising under the patent laws of
`
`the United States, Title 35 of the United States Code.
`
`II. THE PARTIES
`
`2.
`
`Plaintiff Gutterglove, Inc. (“Plaintiff” or “Gutterglove”) is a California
`
`corporation that maintains its principal place of business in Rocklin, California.
`
`3.
`
`Defendant American Die and Rollforming, Inc. (“American Die”) is a
`
`California corporation that maintains its principal place of business in Loomis,
`
`California.
`
`4.
`
`Defendant Valor Gutter Guard (“Valor”) is a California company that
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`maintains its principal place of business in Loomis, California.
`
`5.
`
`On information and belief there is a corporate relationship between
`
`American Die and Valor (collectively “Defendants”). The extent of that
`
`relationship is unknown to Gutterglove at this time.
`
`III. JURISDICTION AND VENUE
`
`6.
`
`This action arises under the patent laws of the United States, Title 35
`
`of the United States Code. Thus, this Court has subject matter jurisdiction pursuant
`
`to 28 U.S.C. §§ 1331 and 1338(a).
`
`7.
`
`This Court has personal jurisdiction over each Defendant, because
`
`each Defendant has committed and continues to commit acts of infringement in
`
`violation of 35 U.S.C. § 271, and places infringing products or services into the
`
`stream of commerce, with the knowledge or understanding that such infringing
`
`products or services are sold in the State of California, including this District. The
`
`acts by Defendants have caused and continue to cause injury to Gutterglove within
`
`this District. Upon information and belief, Defendants derive substantial revenue
`
`from the sale of infringing products or services within this District, and derive
`
`substantial revenue from interstate commerce.
`
`8.
`
`
`
`4810-7329-8745.1
`
`
`Venue is proper in this Court under 28 U.S.C. §§ 1391(b)-(d) and
`- 2 -
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 002
`
`IPR2018-00030
`
`

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`1400(b) for the reasons set forth above. Furthermore, venue is proper because each
`
`Defendant, directly or through intermediaries provides infringing products in this
`
`District. Each of Defendants’ infringing acts in this District gives rise to proper
`
`venue.
`
`IV. BACKGROUND
`
`9.
`
`Gutterglove asserts infringement of United States Patent No. 8,479,454
`
`entitled “Supported Mesh Debris Preclusion System for Gutters” (the “’454
`
`Patent”), a true and correct copy of which is attached hereto as Exhibit A.
`
`10. Gutterglove also asserts infringement of United States Patent No.
`
`9,021,747 entitled “Corrugated Mesh Gutter Leaf Preclusion System” (the “’747
`
`Patent”), a true and correct copy of which is attached hereto as Exhibit B.
`
`11. Gutterglove is the current owner of all rights, title and interest in and
`
`under the ‘454 Patent, which was duly and legally issued on July 9, 2013, with
`
`Robert C. Lenney and John R. Lewis as the named inventors. Gutterglove has
`
`standing to sue for the infringement of the ‘454 Patent.
`
`12. Gutterglove is the current owner of all rights, title and interest in and
`
`under the ‘747 Patent, which was duly and legally issued on May 5, 2015, with
`
`Robert C. Lenney and John R. Lewis as the named inventors. Gutterglove has
`
`standing to sue for the infringement of the ‘747 Patent.
`
`V.
`
`PATENT INFRINGEMENT
`
`13. Defendants have made, used, sold, and/or offered for sale gutter guards
`
`that infringe the Asserted Patents under 35 U.S.C. § 271(a), including without
`
`limitation the Valor GutterGuard (the “Accused Product”).
`
`14. A description of the Accused Product appears on Valor’s website as
`
`follows:
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`/ / /
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`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
`
`I R V I N E
`
`4810-7329-8745.1
`
`
`- 3 -
`
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 003
`
`IPR2018-00030
`
`

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`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
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`I R V I N E
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`
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`(See http://valorgutterguards.com/?page_id=2291, visited September 29,
`
`2016.)
`
`COUNT I
`
`INFRINGEMENT OF THE ‘454 PATENT
`
`15. The Accused Product is a gutter guard as recited by claim 12 of the
`
`‘454 Patent.
`
`16. The Accused Product includes “a screen” as recited by claim 12 of the
`
`‘454 Patent.
`
`
`
`4810-7329-8745.1
`
`
`- 4 -
`
`
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 004
`
`IPR2018-00030
`
`

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`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
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`I R V I N E
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`17. The Accused Product
`
`includes “a substantially rigid support
`
`underlying said screen and in contact with an underside of said screen” as recited
`
`by claim 12 of the ‘454 Patent.
`
`
`
`
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`18. The Accused Product includes “said rigid support including a plurality
`
`of holes therein” as recited by claim 12 of the ‘454 Patent.
`
`
`
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`4810-7329-8745.1
`
`
`
`
`- 5 -
`
`
`
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 005
`
`IPR2018-00030
`
`

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`A T T O R N E Y S A T L A W
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`I R V I N E
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`19. The Accused Product includes “said screen being bent into a
`
`configuration including multiple crests alternating with multiple troughs, with said,
`
`troughs closer to said rigid support than said crests and with at least some of said
`
`troughs in contact with said rigid support” as recited by claim 12 of the ‘454 Patent.
`
`
`
`
`
`
`20. The Accused Product includes “wherein said rigid support includes a
`
`pair of slots therein including an upper slot and a lower slot, said upper slot open in
`
`a direction facing an open side of said lower slot, said screen including an upper
`
`edge opposite a lower edge with said upper edge of said screen located within said
`
`upper slot of said rigid support and said lower edge of said screen located within
`
`said lower slot of said support, and with a size of said screen between said upper
`
`edge and said lower edge similar to a distance between said upper slot and said
`
`lower slot” as recited by claim 12 of the ‘454 Patent.
`
`
`
`4810-7329-8745.1
`
`
`- 6 -
`
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 006
`
`IPR2018-00030
`
`

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`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
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`I R V I N E
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`
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`21. The Accused Product includes “wherein said rigid support includes a
`
`floor spaced below said screen, said floor including ribs extending up from said
`
`floor to tips in contact with said screen, said floor including said holes therein with
`
`said holes located between said ribs, said ribs extending non-parallel with said
`
`troughs” as recited by claim 12 of the ‘454 Patent.
`
`22. Defendants have infringed and will continue to infringe the ‘454
`
`
`
`
`
`
`
`4810-7329-8745.1
`
`
`- 7 -
`
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 007
`
`IPR2018-00030
`
`

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`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
`
`I R V I N E
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`Patent unless and until the Court enjoins Defendants from committing further acts
`
`of infringement.
`
`23. Defendants have caused and continue to cause Gutterglove to suffer
`
`damages in an amount to be determined, and have caused and continue to cause
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`Gutterglove irreparable harm for which Gutterglove has no adequate remedy at law.
`
`Gutterglove will continue to suffer irreparable harm unless and until the Court
`
`enjoins Defendants from committing further infringing acts infringing the ‘454
`
`Patent.
`
`24. Gutterglove is entitled to recover from Defendants damages, including
`
`lost profits, in an amount to be determined that is adequate to compensate
`
`Gutterglove for Defendants’ infringement of the ‘454 Patent.
`
`COUNT II
`
`INFRINGEMENT OF THE ‘747 PATENT
`
`25. Gutterglove restates and incorporates by reference Paragraphs 1-24 of
`
`the Complaint as though fully stated herein.
`
`26. The Accused Product is a “A leaf preclusion system for a roof gutter
`
`having a gutter lip for keeping leaves and other debris out of the roof gutter while
`
`allowing water to pass thereinto” as recited by claim 1 of the ‘747 Patent.
`
`27. The Accused Product includes “a sheet of fine mesh material; said
`
`sheet of fine mesh material having an upper edge adapted to be located above a
`
`lower edge and with said sheet of fine mesh material overlying the roof gutter” as
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`recited by claim 1 of the ‘747 Patent.
`
`
`
`4810-7329-8745.1
`
`
`- 8 -
`
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 008
`
`IPR2018-00030
`
`

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`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
`
`I R V I N E
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`
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`28. The Accused Product includes “said sheet of fine mesh material being
`
`corrugated with ridges extending at least part of the way from said upper edge to
`
`said lower edge and wherein said lower edge being adjacent the gutter lip when the
`
`system is in use, wherein the water is allowed to pass through said sheet of fine
`
`mesh material into the roof gutter” as recited by claim 1 of the ‘747 Patent.
`
`
`
`4810-7329-8745.1
`
`
`
`
`- 9 -
`
`
`
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 009
`
`IPR2018-00030
`
`

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`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
`
`I R V I N E
`
`29. Defendants have infringed and will continue to infringe the ‘747
`
`Patent unless and until the Court enjoins Defendants from committing further acts
`
`
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`of infringement.
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`30. Defendants have caused and continue to cause Gutterglove to suffer
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`damages in an amount to be determined, and have caused and continue to cause
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`Gutterglove irreparable harm for which Gutterglove has no adequate remedy at law.
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`Gutterglove will continue to suffer irreparable harm unless and until the Court
`
`enjoins Defendants from committing further infringing acts infringing the ‘747
`
`Patent.
`
`31. Gutterglove is entitled to recover from Defendants damages, including
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`lost profits, in an amount to be determined that is adequate to compensate
`
`Gutterglove for Defendants’ infringement of the ‘747 Patent.
`
`COUNT III
`
`WILLFUL INFRINGEMENT OF THE ‘454 AND ‘747 PATENTS
`
`32. Gutterglove restates and incorporates by reference Paragraphs 1-32 of
`
`the Complaint as though fully stated herein.
`
`
`
`33. On information and belief, Defendants had actual or constructive
`- 10 -
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`4810-7329-8745.1
`
`
`Ex. 2029 - 010
`
`IPR2018-00030
`
`

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`KUTAK ROCK LLP
`A T T O R N E Y S A T L A W
`
`I R V I N E
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`notice of the Asserted Patents at least as early as September, 2016.
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`34. On information and belief, Defendants received a demand letter from
`
`counsel dated September 9, 2016 (the “Letter”), apprising Defendants of their
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`infringement of the Asserted Patents. A copy of the Letter is attached hereto as
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`Exhibit C.
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`35. The Letter requested that Defendants “cease and desist from making,
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`selling, offering to sell or importing” the Accused Product.
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`36. The Letter requested a response within ten days. No response was
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`received from Defendants.
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`37. On information and belief, Defendants had pre-suit knowledge of the
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`Asserted Patents and of the high risk of infringement based at least on their receipt
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`of the Letter.
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`38. On information and belief, despite knowing of the high likelihood of
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`infringing the Asserted Patents, Defendants continue to sell the Accused Product to
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`their customers and to instruct their customers on how to use the Accused Product.
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`39. On information and belief, Defendants have and will continue to act
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`despite an objectively high likelihood that making, using, selling, and/or offering
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`for sale the Accused Product constitutes infringement of the Asserted Patents.
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`40. Gutterglove has and will continue to be irreparably harmed by
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`Defendants’ intentional, knowing, and willful infringement of the Asserted Patents.
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`41. At least by the Letter dated September 9, 2016, addressed to Valor
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`Gutter Guard, Gutterglove has given Defendants written notice of
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`their
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`infringement.
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`PRAYER FOR RELIEF
`
`Gutterglove respectfully requests the following relief:
`
`a.
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`A judgment that each Defendant has directly infringed the ‘454 and
`
`‘747 Patents;
`
`b.
`
`
`
`4810-7329-8745.1
`
`
`A judgment that each Defendant has willfully infringed the ‘454 and
`- 11 -
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 011
`
`IPR2018-00030
`
`

`

`
`
`‘747 Patents;
`
`c.
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`To enter orders permanently enjoining each Defendants’ officers,
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`agents, directors, servants, employees, attorneys, agents, representatives, parents,
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`subsidiaries, affiliates, joint venturers, and all of those in active concert, privity, or
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`participation with them and their successor and assigns, from infringing the ‘454
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`and ‘747 Patents;
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`d.
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`A judgment and order requiring each Defendant to pay Gutterglove its
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`damages, costs, expenses and pre-judgment and post-judgment interest for each
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`Defendant’s infringement of the ‘454 and ‘747 Patents as provided under 35 U.S.C.
`
`§ 284, including supplemental damages for any continuing post-verdict or post-
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`judgment infringement with an accounting as needed;
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`e.
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`To declare this case to be exceptional under 35 U.S.C. § 285 and to
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`award Gutterglove its attorneys’ fees, expenses, and costs incurred in this action;
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`and
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`f.
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`To award Gutterglove such other and further relief as the Court deems
`
`just and proper.
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`JURY DEMAND
`
`Gutterglove requests a jury trial of all issues triable of right by a jury.
`
`
`Dated: October 3, 2016
`
`
`KUTAK ROCK LLP
`
`By:/s/ Jacob Song
`Jacob Song
`ATTORNEYS FOR PLAINTIFF
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`A T T O R N E Y S A T L A W
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`I R V I N E
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`4810-7329-8745.1
`
`
`- 12 -
`
`GUTTERGLOVE’S ORIGINAL
`COMPLAINT
`CASE NO.
`
`Ex. 2029 - 012
`
`IPR2018-00030
`
`