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Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 1 of 13 Page ID #:1
1 William A. Delgado (Bar No. 222666)
2 wdelgado@willenken.com
WILLENKEN WILSON LOH & DELGADO LLP
3 707 Wilshire Blvd., Suite 3850
4 Los Angeles, California 90017
Telephone: (213) 955-9240
5 Facsimile: (213) 955-9250
6
Sudip Kundu (pro hac vice to be submitted)
7 sudip.kundu@kundupllc.com
8 Matthew Cunningham (pro hac vice to be submitted)
KUNDU PLLC
9 1300 I Street NW
10 Suite 400E
Washington, DC 20005
11 Tel.: (202) 749-8372
12
Attorneys for Plaintiff
13 ADRIAN RIVERA
14
UNITED STATES DISTRICT COURT
15
CENTRAL DISTRICT OF CALIFORNIA
16
17
ADRIAN RIVERA,
Case No.: 2:16-cv-07943
18
19
Plaintiff,
20 v.
21
LAMI PRODUCTS, INC.,
22
Defendant.
23
COMPLAINT FOR PATENT
INFRINGEMENT OF UNITED
STATES PATENT NOS. 9,232,871
AND 9,232,872
DEMAND FOR JURY TRIAL
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25
26
27
28
COMPLAINT
140313.1
Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 2 of 13 Page ID #:2
1
Plaintiff Adrian Rivera for his complaint against Defendant LaMi Products,
2 Inc. (“Defendant”) alleges as follows:
3
THE PARTIES
4
Plaintiff Adrian Rivera
5
1.
Plaintiff, Adrian Rivera, is an individual residing in Whittier,
6 California.
7
2.
Mr. Rivera is the founder, owner, and president of ARM Enterprises,
8 Inc., also known as ARM Enterprises, Inc. (“ARM”).
9
3.
ARM is located at 16141 Heron Avenue, La Mirada, California,
10 90638. ARM is involved in the design, research and development, marketing, and
11 distribution of products including reusable beverage capsules. ARM’s focus is to
12 develop quality products that are easy to use, environmentally friendly, and
13 provide economical solutions to traditional coffee systems that can cause
14 significant expense to consumers over time.
15
4.
ARM’s beverage capsules include the popular EZ-Cups and Eco-Fill
16 capsules, versions of which are compatible with first and second generation Keurig
17 beverage brewers.
18
19
Defendant LaMi Products, Inc.
5.
On information and belief, Defendant LaMi Products, Inc. is
20 headquartered at 860 Welsh Road, Huntingdon Valley, PA 19006. On information
21 and belief, LaMi operates www.lamiretail.com and www.fillnbrew.com and sells
22 beverage brewing capsules, including the Fill’n Brew Coffee Pods. On
23 information and belief, LaMi sells its beverage capsules throughout the United
24 States, including in this district.
25
26
JURISDICTION AND VENUE
6.
This is a civil action for patent infringement of U.S. Patent Nos.
27 9,232,871 and 9,232,872, and arises under, among other things, the United States
28 Patent Laws, 35 U.S.C. § 101, et seq. Jurisdiction is based upon 28 U.S.C. §§
140313.1
COMPLAINT
1
Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 3 of 13 Page ID #:3
1 1331 and 1338(a), providing for federal question jurisdiction of patent
2 infringement actions and exclusive jurisdiction of patent infringement actions in
3 U.S. District Courts.
4
7.
Venue is proper under 28. U.S.C. § 1391. Defendant has purposefully
5 availed themselves of the privilege of transacting extensive business in the State of
6 California.
7
8.
Personal jurisdiction over the Defendant is proper in this Court.
8 Venue in this judicial district is proper under 28 U.S.C. §§ 1391(b) and or 1400(b).
9
10
BACKGROUND
9.
Mr. Rivera’s and his company, ARM Enterprises, Inc. are pioneers
11 and market leaders in reusable products designed for single-serve brewing
12 machines, such as Keurig machines.
13
10.
Mr. Rivera and ARM have invested significant time and expense in
14 developing intellectual property relating to reusable brewing capsules and using
15 that intellectual property in developing products that are sold at major retailers in
16 the United States including Bed Bath & Beyond, Target, and Amazon.com.
17
11.
Defendant has used Mr. Rivera’s intellectual property without
18 authorization to sell products that not only infringe this intellectual property, but
19 also to compete with ARM. As a result, Mr. Rivera and ARM have suffered not
20 only the infringement of their intellectual property, but also lost profits.
21
COUNT I
22
Infringement of U.S. Patent No. 9,232,871 Under 35 U.S.C. § 271
23
12.
Mr. Rivera hereby repeats and incorporates by reference Paragraphs
24 1-11 as if fully set forth herein.
25
13.
Mr. Rivera is the inventor of U.S. Patent No. 9,232,871 (“’871
26 patent”) issued on January 12, 2016. The ‘871 patent is entitled “Single Serving
27 Reusable Brewing Material Holder With Offset Passage for Offset Bottom
28 Needle.” A copy of the ‘871 patent is attached as Exhibit A.
140313.1
COMPLAINT
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Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 4 of 13 Page ID #:4
1
14.
Mr. Rivera owns all rights, title and interest in the ‘871 patent.
2
15.
The ‘871 patent generally is directed to reusable capsules, or “coffee
3 holders” that can be used in single-serve beverage brewers such as Keurig
4 machines. Typically, Keurig machines have a brewing chamber in which a
5 disposable K-Cup is inserted. The brewing chamber, comprises upper and lower
6 halves in the Keurig machine. The upper half (picture below on the left) and the
7 lower half (picture below on the right) each include a needle (shown in the red
8 circle):
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10
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16.
Below is a picture of the lower half of the brewing chamber with a
19 disposable capsule inserted therein, just prior to closing the Keurig for brewing:
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140313.1
COMPLAINT
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Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 5 of 13 Page ID #:5
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17.
The disposable capsule includes brewing material such as ground
12 coffee. Brewed liquid is extracted through the use of the two needles. The upper
13 needle punctures the top of the disposable capsule and provides an inflow of water
14 into the capsule. The lower needle, located in the bottom of the brewing chamber,
15 punctures the bottom of the capsule, permitting and receiving the outflow of
16 brewed material.
17
18.
Disposable K-Cups have disadvantages. First, they are expensive
18 given that one K-Cup provides only a single cup of coffee. Second, they are not
19 recyclable and have created an environmental disaster as used K-Cups occupy
20 landfills by the billions.
21
19.
The ‘871 patent addresses these issues by providing a reusable coffee
22 holder for Keurig machines that allow users to not only reuse the coffee holder, but
23 to also allow them to brew their own coffee.
24
20.
For example, claims of the ‘871 patent are directed to a beverage
25 brewer such as a Keurig machine, in which a container adapted to hold brewing
26 material is disposed. See, e.g., the ‘871 patent at claim 8. The container includes a
27 mesh filter, a cover, and a base, among other features. Id. The cover is configured
28
140313.1
COMPLAINT
4
Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 6 of 13 Page ID #:6
1 to receive the upper needle of the beverage brewer and the container is configured
2 to avoid the lower needle of the Keurig machine. Id.
3
21.
The Defendant’s reusable capsules satisfy the claimed “container”
4 elements of the asserted claims. These elements in combination with a beverage
5 brewer, such as a Keurig machine lead to the direct infringement of the ‘871
6 patent.
7
22.
For example, on information and belief, Defendant’s products such as
8 LaMi’s Fill’n Brew are reusable coffee holders that are specifically designed and
9 intended to be used in Keurig machines and when combined include all the
10 features of the asserted claims of the ‘871 patent. Below are pictures of these
11 products showing their respective mesh filters, covers (with an opening for the
12 upper needle), and bases that avoids the lower needle, as claimed in the ‘871
13 patent.
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LaMi’s Fill’n Brew
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opening for
upper needle
cover
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140313.1
COMPLAINT
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Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 7 of 13 Page ID #:7
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mesh filter
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6
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Recesses that avoid
the lower needle
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base
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23.
On information and belief, Defendant has infringed the ‘871 patent
20 under Sections 271(a), (b), (c) and (f) through manufacturing, importing for sale,
21 sale, offering for sale and use of its reusable beverage capsules including LaMi’s
22 Fill’n Brew. This is a non-exhaustive identification of products and Mr. Rivera
23 reserves the right to identify additional products after obtaining discovery.
24
24.
On information and belief, Defendant infringes at least claims 8, 9,
25 10, 11, 24, 25, 26.
26
25.
On information and belief, Defendant, encourages, induces and
27 intends customers to use, sell or offer for sale the infringing products and induce
28 infringement of the ‘871 patent by end users. On information and belief,
140313.1
COMPLAINT
6
Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 8 of 13 Page ID #:8
1 Defendant contributes to the infringement of others such as end users to directly
2 infringe the ‘871 patent. The accused products are not staple articles of commerce
3 and are not suitable for substantial non-infringing use. On information and belief,
4 Defendant’s actions are intentional and with knowledge of the ‘871 patent at least
5 as of the filing and service of this Complaint.
6
26.
In particular, on information and belief, Defendant induces
7 infringement of the ‘871 patent and contributes to the infringement of the ‘871
8 patent by advertising and providing instructions to consumers that these products
9 are to be used with a Keurig machine.
10
27.
On information and belief, based on these advertisements and
11 instructions, consumers directly infringe the ‘871 patent by using Defendant’s
12 accused products in Keurig machines.
13
28.
For example, below are pictures of packaging and/or advertisements,
14 which inform end users to use Defendant’s products in connection with a Keurig
15 machine:
16
LaMi’s Fill’n Brew
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Packaging stating Fill’N
Brew can be used with
Keurig brewers
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140313.1
COMPLAINT
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Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 9 of 13 Page ID #:9
1
29.
On information and belief, Defendant has caused, and unless
2 restrained and enjoined, will continue to cause, irreparable injury and damage to
3 Mr. Rivera for which there is no adequate remedy at law. Unless enjoined,
4 Defendant will continue to infringe the ‘871 patent.
5
30.
On information and belief, Defendant’s infringement of the ‘871
6 patent is exceptional and entitles Mr. Rivera to attorney’s fees and costs incurred in
7 prosecuting this action under 35 U.S.C. §285.
8
COUNT II
9
Infringement of U.S. Patent No. 9,232,872 Under 35 U.S.C. § 271
10
31.
Mr. Rivera hereby repeats and incorporates by reference Paragraphs
11 1-30 as if fully set forth herein.
12
32.
Mr. Rivera is the inventor of U.S. Patent No. 9,232,872 (“’872
13 patent”) issued on January 12, 2016. The ‘872 patent is entitled “Single Serving
14 Reusable Brewing Material Holder.” A copy of the ‘872 patent is attached as
15 Exhibit B.
16
33.
Mr. Rivera owns all rights, title and interest in the ‘872 patent.
17
34.
Like the ‘871 patent, the ‘872 patent is directed to reusable capsules,
18 or “coffee holders” that can be used in single-serve beverage brewers such as
19 Keurig machines.
20
35.
Claims of the ‘872 patent provide a beverage brewer such as a Keurig
21 machine, in which a container adapted to hold brewing material is disposed. See,
22 e.g., the ‘872 patent at claim 7. The container includes a mesh filter, a cover, and a
23 base, among other features. Id. The cover is configured to receive the upper
24 needle of the beverage brewer and the container is configured to avoid the lower
25 needle of the Keurig machine. Id. The cover also includes a tamping projection
26 that protrudes into the receptacle of the container.
27
36.
The Defendant’s reusable capsules satisfy the claimed “container”
28 elements of the asserted claims. These elements in combination with a beverage
140313.1
COMPLAINT
8
Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 10 of 13 Page ID #:10
1 brewer, such as a Keurig machine lead to the direct infringement of the ‘871
2 patent.
3
37.
For example, as shown above, LaMi’s Fill’n Brew constitutes a
4 container with a cover (with an opening for the upper needle) and base that avoids
5 the lower needle, as claimed in the ‘872 patent. These products also include in its
6 cover the tamping projection that protrudes into the receptacle, as also claimed in
7 the ’872 patent:
8
LaMi’s Fill’n Brew
9
10
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12
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Tamping projection
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21
38.
The cone shown in the respective dotted boxes is a tamping projection
22 that protrudes into the receptacle of the container when the cover is closed.
23
39.
On information and belief, Defendant has infringed the ‘872 patent
24 under Sections 271(a), (b), (c) and (f) though manufacturing, importing for sale,
25 sale, offering for sale and use of LaMi’s Fill’n Brew. This is a non-exhaustive
26 identification of products and Mr. Rivera reserves the right to identify additional
27 products after obtaining discovery.
28
140313.1
COMPLAINT
9
Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 11 of 13 Page ID #:11
1
40.
On information and belief, Defendant infringes at least claims 7, 9,
2 10, 26, 27, 28.
3
41.
On information and belief, Defendant, encourages, induces and
4 intends customers to use, sell or offer for sale the infringing products and induce
5 infringement of the ‘872 patent by end users. On information and belief,
6 Defendant contributes to the infringement of other such as end users to directly
7 infringe the ‘872 patent. The accused products are not staple articles of commerce
8 and are not suitable for substantial non-infringing use. On information and belief,
9 Defendant’s actions are intentional and with knowledge of the ‘872 patent at least
10 as of the filing and service of this Complaint.
11
42.
In particular, on information and belief, Defendant induces
12 infringement of the ‘872 patent and contributes to the infringement of the ‘872
13 patent by advertising and providing instructions to consumers on their accused
14 reusable beverage capsules that these products are to be used with a Keurig
15 machine.
16
43.
On information and belief, based on these advertisements and
17 instructions consumers directly infringe the ‘872 patent by using Defendant’s
18 accused products in Keurig machines.
19
44.
For example, as shown above, the pictures of the packaging and/or
20 advertisements for the Defendant’s products direct end users to use the product in
21 connection with a Keurig machine.
22
45.
On information and belief, Defendant has caused, and unless
23 restrained and enjoined, will continue to cause, irreparable injury and damage to
24 Mr. Rivera for which there is no adequate remedy at law. Unless enjoined,
25 Defendant will continue to infringe the ‘872 patent.
26
46.
On information and belief, Defendant’s infringement of the ‘872
27 patent is exceptional and entitles Mr. Rivera to attorney’s fees and costs incurred in
28 prosecuting this action under 35 U.S.C. §285.
140313.1
COMPLAINT
10
Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 12 of 13 Page ID #:12
1
PRAYER FOR RELIEF
2
WHEREFORE, the Mr. Rivera respectfully request the following relief:
3
A.
Judgment that the ‘871 and ‘872 patents has been and continue to be
4 infringed by Defendant;
5
B.
For all damages sustained as a result of Defendant’s infringement of
6 the ‘871 and ‘872 patents, including a reasonable royalty, lost royalty income from
7 its licensees, lost profits of its licensees, price erosion, and any and all other forms
8 of damages Mr. Rivera is entitled to.
9
C.
For pre-judgment interest and post-judgment interest at the maximum
10 rate allowed by law;
11
D.
For a preliminary and permanent injunction enjoining Defendant’s,
12 their officers, agents, servants, employees, distributors, resellers, service partners,
13 suppliers and all other persons acting in concert or participation with it from
14 further infringement of the ‘871 and ‘872 patents;
15
E.
For an award of attorneys' fees pursuant to 35 U.S.C. § 285 or as
16 otherwise permitted by law;
17
F.
For all costs of suit; and
18
G.
For such other and further relief as the Court may deem just and
19 proper.
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Respectfully submitted,
Dated: October 25, 2016
WILLENKEN WILSON LOH &
DELGADO LLP
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By: /s/ William A. Delgado
William A. Delgado
Attorneys for Plaintiff
ADRIAN RIVERA
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140313.1
COMPLAINT
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Case 2:16-cv-07943 Document 1 Filed 10/25/16 Page 13 of 13 Page ID #:13
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DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury on all issues so triable.
3
4 Dated: October 25, 2016
5
WILLENKEN WILSON LOH &
DELGADO LLP
6
7
8
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By: /s/ William A. Delgado
William A. Delgado
Attorneys for Plaintiff
ADRIAN RIVERA
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140313.1
COMPLAINT
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