other things, the United States Patent Laws, 35 U. S. C. section 10, et seq.

Transcription

1 Case :-cv-00-pa-afm Document Filed 0// Page of Page ID #: Patrick F. Bright (SBN 0?) WAGNER, ANDERSON & BRIGHT, PC W. Pico Blvd. Suite Los Angeles, California 00 Tel.: ()- Fax: ()- Attorneys for PlaintiffIPOWERUP, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION IPOWERUP INC., a Delaware Corporation vs. Plaintiff, ASCENT SOLAR TECHNOLOGIES, INC., a Delaware Corporation Defendant. Case No. :-cv-0 COMPLAINT FOR INFRINGEMENT OF UNITED STATES PATENT NOS.,00, AND,0, DEMAND FOR JURY TRIAL. Plaintiff IPOWERUP INC., a Delaware corporation ("ipowerup"), for its complaint, and demanding trial by jury under Rule, Fed. R. Civ. P., and Local Rule -, alleges that ASCENT SOLAR TECHNOLOGIES INC., a Delaware corporation ("AST"), is infringing claim ofu.s. Patent no.,00, ("the ' patent" ) and claims,, and ofu.s. Patent no.,0, ("the ' patent") (collectively the "ipowerup Patents"), by making, selling, and offering to sell, in this judicial district, Solar Battery Phone Cases that infringe the ipowerup Patents.. This is a civil action for patent infringement and arises under, among other things, the United States Patent Laws, U. S. C. section, et seq. Jurisdiction is therefore based upon U. S. C. sections and (a),

2 Case :-cv-00-pa-afm Document Filed 0// Page of Page ID #: providing for federal questionjurisdiction of patent infringement actions and exclusive jurisdiction ofpatent infringement actions in the U. S. district courts.. Plaintiff ipowerup is informed and believes, and thereon alleges, that venue in this court is proper under U. S. C. section (c) and section 00 (b) because the acts ofpatentinfringement alleged herein took place, at least in part, within this judicial district.. PlaintiffiPowerUp is a Delaware corporation, and has its principal place ofbusiness in Ventura, California.. Defendant AST is a Delaware corporation, and has its principal place of business in Thornton, Colorado.. On December,, the U. S. Patent and Trademark Office duly and lawfully issued the ' patent under the title Portable and UniversalHybrid- Charging Apparatusfor PortableElectronic Devices. A true and correct copy of the ' patent is attached hereto as Exhibit A. On December,, the U. S. Patent and Trademark Office duly and lawfully issued the ' patent under the title Method ofdistributing to a Usera Remedyfor Inadequate Battery Life in a Handheld Device. A true and correct copy ofthe ' patent is attached hereto as Exhibit B.. Defendant AST has infringed the ipowerup Patents by making, selling, and offering to sell, in this judicial district, solar battery phone cases covered by one or more ofthe claims in the ipowerup Patents in this judicial district and elsewhere in the United States. AST's sales, in this judicial district, ofsolar battery phone cases, specifically Enerplex Surfr Amp for iphone /s; Enerplex Surfr for iphone /S; and EnerPlex Surfr for iphone /S; have infringed the ipowerup Patents. Pictures ofthe accused infringing products are attached hereto as Exhibit C. On information and belief, this infringement will continue unless enjoined by this court.. Defendant AST's infringement ofthe ipowerup Patents has damaged ipowerup in an unknown amount. These damages continue to grow as Defendant

3 Case :-cv-00-pa-afm Document Filed 0// Page of Page ID #:. Defendant AST's infringement ofthe ipowerup Patents has damaged ipowerup in an unknown amount. These damages continue to grow as Defendant AST's infringement continues. Under Section oftitle ofthe United States Code, ipowerup seeks damages adequate to compensate for this infringement in an amount no less than a reasonable royalty, together with interest and costs affixed by the Court.. Defendant AST's continuing infringement ofthe ipowerup Patents has caused and continues to cause irreparable harm to ipowerup, including impairing the value ofthe ipowerup Patents in an amount yet to be determined. Pursuant to Section oftitle ofthe United States Code, ipowerup seeks a preliminary and a permanent injunction against further infringementofthe ipowerup Patents. PRAYER FOR RELIEF WHEREFORE, ipowerup prays for the following relief from this court against Defendant AST:. An order, pursuant to U.S.C. Section, declaring that Defendant AST has infringed one or more claims ofthe ipowerup Patents;. A preliminary and a permanent injunction against Defendant AST, prohibiting Defendant AST from further infringement ofthe ipowerup Patents;. An award ofthe actual damages ipowerup has suffered by reason of the infringement charged in this Complaint, in an amount not less than a reasonable royalty on Defendant AST's sales ofthe products charged with infringing the ipowerup Patents;. An award to PlaintiffiPowerUp ofits costs ofsuit herein; and. Such other and further relief as the Court may deem just and proper.

4 Case :-cv-00-pa-afm Document Filed 0// Page of Page ID #: Dated: February _/(_, Respectfully submitted, WAGNER, ANDERSON & BRIGHT PC Patrick F. Bright Attorneys for PlaintiffIPOWERUP INC.

5 Case :-cv-00-pa-afm Document Filed 0// Page of Page ID #: DEMAND FOR JURY TRIAL Pursuant to Rule (b) ofthe Federal Rules ofcivil Procedure, and Local Rule -, PlaintiffiPowerUp does hereby demand trial by jury against Defendant AST on each and every issue and claim as to which it is entitled to trial by jury under Rule (a) ofthe Federal Rules ofcivil Procedure. Dated: February / /, Respectfully submitted, WAGNER, ANDERSON & BRIGHT PC By: 0UkoCl Patrick F. Bright Attorneys for PlaintiffIPOWERUP INC.