Tseng v. Wal-Mart Stores Et. Al.

7/28/2019 Tseng v. Wal-Mart Stores Et. Al.

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COMPLAINT FOR PATENT INFRINGEMENT

(Case No. 13cv1244) ............................................... 1SEED INTELLECTUAL PROPERTY L AW GROUP PLLC

701 FIFTH AVENUE, SUITE 5400

SEATTLE, W ASHINGTON 98104-7092

(206) 622-4900

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

WEI-JEN TSENG, a Taiwanese citizen residing in

Taiwan,

Plaintiff,

v.

WAL-MART STORES, INC., a Delaware

Corporation, and SO YANG ENTERPRISE CO.,

LTD., a Taiwanese Corporation,

Defendants.

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Civil Action No. 13cv1244

COMPLAINT FOR PATENT

INFRINGEMENT

DEMAND FOR JURY TRIAL

Plaintiff Wei-Jen Tseng, for his Complaint herein, alleges as follows:

NATURE OF ACTION

1. This action is based on the Patent Laws of the United States, 35 U.S.C. § 100 et

seq.







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THE PARTIES

2. Plaintiff Wei-Jen Tseng (“Plaintiff” or “Mr. Tseng”) is a Taiwanese citizen

residing in Taiwan.

3. Upon information and belief, Defendant Wal-Mart Stores, Inc. (“Wal-Mart”) is

a Delaware Corporation with a principle place of business in Bentonville, Arkansas.

4. Upon information and belief, Defendant So Yang Enterprise Co., Ltd. (“So

Yang”) is a Taiwanese Corporation with an address at 123 Lane 99 Bunding RD, Hsinchu,

Taiwan.

JURISDICTION AND VENUE

5. This action arises under the Patent Act, 35 U.S.C. § 271 et seq. The Court has

original jurisdiction of such claims pursuant to 28 U.S.C. §§ 1331, 1332 and 1338(a).

6. Venue in this judicial district is proper under 28 U.S.C. §§ 1391(b), (c), (d),

and/or 1400(b). Defendants have entered, and are currently in, this judicial district. On

information and belief, Defendants have and continue to distribute and sell into this district

infringing products and a substantial part of the events giving rise to the claims occurred in this

district.

PLAINTIFF AND HIS RIGHTS

7. Plaintiff Wei-Jen Tseng is the owner by assignment of the patent-in-suit, which

is used under an agreement with Mr. Tseng by an industry leader in the design, manufacture,

marketing and sale of a variety of lighting and other electrical products, including holiday

lights and components of holiday light strings.

8. On May 7, 2002, the United States Patent and Trademark Office issued to

Plaintiff’s father Jeou-Nan Tseng United States Patent No. 6,382,810 (hereinafter “the ’810

Patent”), entitled “Ornamental Lamp.” The ’810 patent is valid, enforceable, and subsisting.







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CLAIMS

FIRST COUNT - PATENT INFRINGEMENT - U.S. PATENT 6,382,810

9. Plaintiff repeats and realleges each of the allegations contained in paragraphs 1

through 8 of this Complaint.

10. Upon information and belief, Defendants have been, and are, infringing one or

more claims of the ’810 Patent by manufacturing, importing, using, offering to sell, selling,

and/or causing to be manufactured, imported, used, offered for sale or sold, decorative lamps

for Christmas light strings.

11. Defendants’ infringing products include at least the following model numbers,

which were offered for sale and sold by Defendant Wal-Mart in the Western District of

Washington: 66-450B; and 66-493.

12. On information and belief, Defendants’ infringing products include additional

model numbers with one or more labels bearing the designation “E65770.”

13. On information and belief, the additional model numbers include model number

66-450A.

14. On information and belief, Defendants’ infringement has been willful.

15. Plaintiff has been, and will continue to be, damaged by such infringement in an

amount to be proven at trial, and in a manner and amount that cannot be fully measured or

compensated in economic terms and for which there is no adequate remedy at law. The patent

infringement actions of Defendants have damaged, and will continue to damage, Plaintiff’s

business, market, reputation, and goodwill unless Defendants’ acts of patent infringement

complained of herein are enjoined.







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PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment:

1. That Defendants, and their respective officers, agents, servants, employees,

attorneys, and all other persons in active concert or participation with any of them, be enjoined

and restrained during the pendency of this action and permanently thereafter from all acts that

infringe the ’810 Patent directly, contributorily, or by inducement, including manufacturing,

importing, using, offering for sale and/or selling infringing decorative lamps for Christmas

light strings.

2. That Defendants, and each of them, be required to deliver up to the Court any

and all decorative lamps for Christmas light strings in their possession, custody or control that

infringe the ’810 Patent.

3. That Defendants, and each of them, be required to prepare and deliver to the

Court a complete list of entities from whom such Defendant purchased, or to whom such

Defendant has sold or otherwise delivered, decorative lamps for Christmas light strings that

infringe the ’810 Patent, and to serve a copy of such list on Plaintiff’s attorneys.

4. That Defendants, and each of them, be required to deliver to the Court any and

all documents reflecting or relating to the purchase or sale of any light strings which infringe

the ’810 Patent.

5. That Defendants, and each of them, within thirty days after receiving notice of

entry of judgment, be required to file with the Court and serve upon Plaintiff’s counsel a

written report under oath setting forth in detail the manner in which each Defendant has

complied with Paragraphs 1 through 4, immediately above.

6. That Defendants account for and pay over to Plaintiff damages sustained by

Plaintiff, directly and indirectly, by reason of Defendants’ patent infringement.







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7. That Defendants’ infringement of the ’810 Patent be found willful and that

treble damages, together with interest and costs, be awarded under 35 U.S.C. § 284, or as

otherwise permitted by law.

8. That the present case be found exceptional and that attorney fees be awarded to

Plaintiff under 35 U.S.C. § 285, or as otherwise permitted by law.

9. That Plaintiff have such other and further relief as the Court may deem

equitable.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury of all issues in this case.

DATED this 16th day of July 2013,

Respectfully submitted,

SEED IP Law Group PLLC

s/Timothy L. Boller/

Timothy L. Boller, WSBA No. 29079

701 Fifth Avenue, Suite 5400Seattle, Washington 98104-7092

Telephone: (206) 622-4900

Attorneys for Plaintiff

WEI-JEN TSENG

200151.807

Tseng v. Wal-Mart Stores Et. Al.

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