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COMPLAINT
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
FAN BAO, an individual; and ZICO USA,
INC., a California corporation,
Plaintiffs,
v.
REPUBLIC TOBACCO, L.P. a Delaware
limited partnership,
Defendant.
Case No.
COMPLAINT FOR PATENT
INFRINGEMENT,
PERMANENT INJUNCTION AND
DAMAGES
DEMAND FOR JURY TRIAL
For their Complaint against Republic Tobacco, L.P. (Republic or Defendant),
plaintiffs Fan Bao and Zico USA, Inc. (collectively Zico or Plaintiffs) hereby allege as
follows:
JURISDICTION AND VENUE
1. This is a civil action for patent infringement arising under the Patent Act of the
United States, 35 U.S.C. 101 et seq. This court has subject matter jurisdiction of such
federal question claims pursuant to 28 U.S.C. 1331 and 1338(a).
Nathaniel L. Dilger (Bar No. 196203)
[email protected]
Peter R. Afrasiabi, Esq. (Bar No. 193336)
[email protected]
Christopher W. Arledge (Bar No. 200767
[email protected]
Joseph K. Liu (Bar No. 216227)
[email protected]
ONE LLP
4000 MacArthur Blvd.
East Tower, Suite 500
Newport Beach, CA 92660
Phone: (949) 502-2870
Attorneys for Plaintiffs,
Fan Bao and Zico USA, Inc.
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COMPLAINT
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2. Venue is proper under 28 U.S.C. 1391(b), 1391(c) and 1400(b) in that the
acts and transactions complained of herein were conceived, carried out, made effective, and
had effect within the State of California and within this district, among other places.
Defendant resides in this judicial district by virtue of its business activities in this district
and has committed acts of infringement in this judicial district.
THE PARTIES
3. Plaintiff Fan Bao is an individual, with a business address of 4010 West
Valley Blvd., #108, Walnut, California 91789. Plaintiff Bao is the owner and principal of
Plaintiff Zico USA, Inc.
4. Plaintiff Zico USA, Inc. is a corporation duly organized and existing under the
laws of California with its principal place of business at 4010 West Valley Blvd., #108,
Walnut, California 91789. Plaintiff Zico, under the direction of Plaintiff Bao, invents,
designs, manufactures and sells various devices for use in connection with the enjoyment of
tobacco products.
5. Upon information and belief, defendant Republic is a limited partnership
organized and existing under the laws of Delaware, with its principal place of business at
2301 Ravine Way, Glenview, Illinois 60025. Upon information and belief, defendant
Republic is a subsidiary of Republic Group, Inc.
FACTS COMMON TO ALL COUNTS
6. On September 11, 2012, the United States Patent & Trademark Office duly
and legally issued United States Letters Patent No. 8,261,752, entitled Crank Type
Automatic Cigarette Tube Injector (the 752 Patent). The 752 Patent is attached as
Exhibit A to this Complaint and is incorporated by reference in its entirety.
7. The 752 Patent describes and claims, among other things, a crank type
cigarette tube injector for injecting tobacco leaves into a hollow cigarette paper tube. The
cigarette tube injector includes a housing having a tobacco cavity for the tobacco leaves
disposing thereat, and a feeding opening for the cigarette paper tube alignedly supporting
thereat, an electric motor, having an output shaft, received in the housing, and a cigarette
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COMPLAINT
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filling arrangement, which is driven by the electric motor via the output shaft for feeding
the tobacco leaves to the cigarette paper tube through the feeding opening of the housing.
The crank type cigarette tube injector not only can make a tight and evenly injection to
have a better quality of cigarettes, but also has a length lesser than two cigarette lengths of
the cigarette paper tube such that it has a reduce dimension and improved portability.
8. Plaintiff Bao is the owner of U.S. Patent No. 8,261,752. Plaintiff Zico is the
only entity authorized to sell products based on Mr. Baos 752 Patent.
9. Upon information and belief, Defendant imports, distributes, sells and/or
advertises an electric cigarette injector, the PoweRoll Top-O-Matic Electric Cigarette
Machine. A picture of Defendants PoweRoll Top-O-Matic Electric Cigarette Machine is
shown below. The PoweRoll Top-O-Matic Electric Cigarette Machine is an exemplary
product that Plaintiffs allege infringes one or more claims of the 752 patent, including at
least claim 1 of the 752 patent.
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COMPLAINT
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FIRST CLAIM FOR RELIEF
FOR INFRINGEMENT OF U.S. PATENT NO. 8,261,752
10. Plaintiffs incorporate herein by reference the allegations set forth in the
foregoing paragraphs, as though fully set forth herein.
11. Defendant has infringed and continues to infringe at least one of the claims of
the 752 Patent by developing, making, using, offering to sell, selling and/or importing, in
this District and elsewhere in the United States, the PoweRoll Top-O-Matic Electric
Cigarette Machine and other similar electric cigarette injectors that infringe on one or
more of the claims of the 752 patent, including at least claim 1 of the 752 patent.
12. Defendant has committed the above acts of infringement with full knowledge
of the Asserted Patent, including one or more of the claims of the 752 Patent, and its
applicability to the PoweRoll Top-O-Matic Electric Cigarette Machine and other similar
electric cigarette injectors.
13. Defendants actions constitute direct infringement, contributory infringement,
and/or active inducement of infringement of at least one of the claims of the 752 Patent in
violation of 35 U.S.C. 271.
14. Plaintiffs have sustained damages and will continue to sustain damages as a
result of Defendants acts of infringement.
15. Plaintiffs are entitled to recover damages sustained as a result of Defendants
wrongful acts in an amount to be proven at trial.
16. Defendants infringement of the 752 Patent will continue to damage
Plaintiffs business, causing irreparable harm, for which there is no adequate remedy at
law, unless it is enjoined by this Court.
17. Defendants infringement of the 752 Patent amounts to willful infringement,
entitling Plaintiffs to increased damages and attorney fees and costs incurred in prosecuting
this action under 35 U.S.C. 284 and 285. Indeed, Defendant has infringed the 752
Patent with full knowledge of this patent, including full knowledge that its actions
constituted infringement of the 752 Patent.
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COMPLAINT
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18. As a direct and proximate result of Defendants infringement of the 752
Patent, Plaintiffs have been and continue to be damaged in an amount yet to be determined.
19. Unless a preliminary and permanent injunction are issued enjoining Defendant
and its officers, agents, servants and employees, and all others acting on its behalf or in
concert with Defendant, from infringing the '191 Patent, Plaintiffs will be greatly and
irreparably harmed.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendant, as follows:
(1) For a judicial determination and declaration that Defendant has infringed, and
continues to infringe, United States Letters Patent No. 8,261,752;
(2) For a judicial determination and decree that Defendant, its respective
subsidiaries, officers, agents, servants, employees, licensees, and all other persons or
entities acting or attempting to act in active concert or participation with them or acting on
its behalf, be preliminarily and permanently enjoined from further infringement of the 752
Patent;
(3) For a declaration that Defendant notify all of its users of the infringing system
and of the users participation in the infringement with Defendants encouragement, and
that Defendant encourages all such users to cease all such infringing actions;
(4) For a judicial decree that orders Defendant to account for and pay to Plaintiffs
all damages caused to Plaintiffs by reason of Defendants infringement pursuant to 35
U.S.C. Section 284;
(5) For a judicial determination and decree that Defendant's infringement of
United States Letters Patent No. 8,261,752 has been, and continues to be, willful and
deliberate, for a determination that this case is exceptional, and for an award of enhanced
damages, costs, and attorneys' fees pursuant to 35 U.S.C. Sec. 284 and 285;
(6) For an award of damages according to proof at trial;
(7) For a judicial order awarding to Plaintiffs pre-judgment and post-judgment
interest on the damages caused to it by Defendants infringement; and
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COMPLAINT
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(13) For any such other and further relief as the Court may deem just and proper
under the circumstances.
Dated: May 13, 2014 ONE LLP
By: /s/ Nathaniel L. Dilger
Nathaniel L. Dilger, Esq.
Attorneys for Plaintiffs,
Fan Bao and Zico USA, Inc.
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COMPLAINT
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DEMAND FOR JURY TRIAL
Pursuant to the Federal Rules of Civil Procedure 38(b), Plaintiffs demand a trial by
jury for this action on all issues so triable.
Dated: May 13, 2014 ONE LLP
By: /s/ Nathaniel L. Dilger
Nathaniel L. Dilger, Esq.
Attorneys for Plaintiffs,
Fan Bao and Zico USA, Inc
