Case 8:18-cv Document 1 Filed 11/07/18 Page 1 of 5 Page ID #:1

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1 Case 8:18-cv Document 1 Filed 11/07/18 Page 1 of 5 Page ID #:1 1 2 NEAL M. COHEN (SBN nmc@viplawgroup.com JAMES K. SAKAGUCHI (SBN jks@viplawgroup.com 3 Vista IP Law Group LLP 100 Spectrum Center Drive, Suite Irvine, California Tel: ( Fax: ( Attorneys for Plaintiff Neal M. Cohen 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 Neal M. Cohen, Case No. 18-cv Plaintiff, COMPLAINT FOR PATENT INFRINGEMENT v. 11 OF U.S. PATENT NO. D487,321 Walmart Inc., a Delaware 12 Corporation; and DOES 1-10, 13 Defendants. DEMAND FOR JURY TRIAL 14 Neal M. Cohen ( Plaintiff, for his Complaint against 15 Walmart Inc. ( Walmart and DOES 1-10, alleges as set forth 16 herein. 17 Jurisdiction And Venue This action arises under the United States patent laws 19 (Title 35 of the United States Code. This Court has original jurisdiction over this action pursuant to 28 U.S.C and Venue is proper in this District as to Walmart 24 pursuant to 28 U.S.C because Walmart resides in this 25 District Walmart has committed acts of infringement in this 27 District

2 Case 8:18-cv Document 1 Filed 11/07/18 Page 2 of 5 Page ID #: Walmart has a regular and established place of business in this District. 5. Venue is proper in this District as to DOES 1-10 pursuant to 28 U.S.C because upon information and belief DOES 1-10 reside in this District. Parties 6. Plaintiff is an individual residing in this District. 7. Upon information and belief, Walmart is a Delaware corporation residing in this District. 8. Plaintiff is currently unaware of the true names and capacities of DOES 1-10, but on upon information and belief DOES 1-10 are individuals, corporations, and other entities residing in this District. Count 1 Patent Infringement of U.S. Patent No. D487, On Mar 2, 2004, United States Patent No. D487,321 ( the '321 Patent, titled FLASHLIGHT, was issued to Mark A. Pellegrini and Plaintiff (see Exhibit Plaintiff is the current owner of all rights, title, and interest in and to the 321 Patent, including the right to sue for past infringement. 11. The '321 Patent is presumed valid pursuant to 35 U.S.C

3 Case 8:18-cv Document 1 Filed 11/07/18 Page 3 of 5 Page ID #: During the term of the 321 Patent, in violation of 35 U.S.C. 271(a, Walmart manufactured, used, sold, and/or offered for sale in this District and other Districts, and/or imported into this District and other Districts, products which infringe the '321 Patent (collectively Walmart Products, including products known as: 1 the TACBAT flashlight (see Exhibit 2; the Q5 LED Baseball Bat Security Camping Torch Long Emergency Light Flashlight (see Exhibit 3; the Ozark Trail Mini Bat Light (see Exhibit 4; the Stalwart CREE 17 in LED Aluminum Safety Flashlight Bat (see Exhibit 5; and the LED Security Stick Bat Flashlight (see Exhibit The Walmart Products embody the patented design of the 321 Patent and/or colorable imitations thereof. 14. Upon information and belief, the Walmart Products were offered for sale in Walmart retail stores during the term of the 321 Patent. 15. Upon information and belief, the Walmart Products were offered for sale on-line at during the term of the 321 Patent. 16. During the term of the 321 Patent, in violation of 35 U.S.C. 271(a, DOES 1-10 manufactured, used, sold, and/or offered for sale in this District and other Districts, and/or imported into this District and other Districts, products which infringe the '321 Patent

4 Case 8:18-cv Document 1 Filed 11/07/18 Page 4 of 5 Page ID #: Plaintiff has been damaged by the acts of infringement of the '321 Patent alleged herein, in an amount to be proven at trial, not less than $1,000,000. follows: ********** WHEREFORE, Plaintiff respectfully requests judgment as A. Pursuant to 35 U.S.C. 284, Plaintiff be awarded damages, interest, and costs, not less than $1,000,000. B. Pursuant to 35 U.S.C. 289, Plaintiff be awarded Walmart s total profits for Walmart s sale of Walmart Products during the term of the 321 Patent. C. Pursuant to 35 U.S.C. 289, Plaintiff be awarded the total profits of DOES 1-10 for their sale of infringing products during the term of the 321 Patent. D. Pursuant to 35 U.S.C. 285, the case be declared exceptional, and Plaintiff be awarded reasonable attorney fees. E. Plaintiff be awarded pre-judgment and post-judgment interest according to law. F. Plaintiff be awarded such other relief as this Court deems appropriate. Dated: November 7, 2018 Respectfully submitted, /s/ Neal M. Cohen Vista IP Law Group LLP Neal M. Cohen Attorneys for Plaintiff - 4 -

5 Case 8:18-cv Document 1 Filed 11/07/18 Page 5 of 5 Page ID #: JURY DEMAND Pursuant to F.R.Civ.P. Rule 38(b and L.R. 38-1, Plaintiff demands a jury trial on all issues triable to a jury. Dated: November 7, 2018 Respectfully submitted, /s/ Neal M. Cohen Vista IP Law Group LLP Neal M. Cohen Attorneys for Plaintiff - 5 -