Case 1:16-cv Document 1 Filed 12/02/16 Page 1 of 5 PageID #: 1

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1 Case 1:16-cv Document 1 Filed 12/02/16 Page 1 of 5 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK KEYSTONE GLOBAL LLC, v. Plaintiff, EBAY, INC., DEAN BLOWERS, WIN.IT AMERICA, INC., AND HIPACKING INC. 16-cv-6676 COMPLAINT Jury Trial Demanded Defendants. The Parties 1. Plaintiff is a New York limited liability Company with a place of business at 75A Lake Road, # 111, Congers, NY Upon information and belief, Defendant Ebay Inc. ( Ebay ) is a Delaware corporation with a place of business at 625 6th Ave, 3rd Floor New York, NY Upon information and belief, Defendant Dean Blowers is an individual residing in Kings County, New York. 4. Upon information and belief, Defendant Win.It America, Inc. ( Winit ) is a California corporation with a place of business at E. Arenth Ave, City Of Industry, CA Upon information and belief, Defendant HiPacking Inc. ( HiPacking ) is a Georgia corporation doing business as HiPacking Fulfillment Center, with a place of business at 2885 N Berkeley Lake Rd NW, Ste 9, Duluth, GA,

2 Case 1:16-cv Document 1 Filed 12/02/16 Page 2 of 5 PageID #: 2 Nature Of Action 6. This is an action for infringement of U.S. Pat. No. 8,850,727 under 35 U.S.C Jurisdiction And Venue 7. Subject matter jurisdiction is proper pursuant to 28 U.S.C and Personal jurisdiction is proper as to Defendants Ebay, Inc. and Dean Blowers under CPLR 301, as these Defendants reside and/or have a place of regular business within New York State. 9. Personal jurisdiction is proper as to Defendants Win.It America, Inc., and HiPacking Inc. under CPLR 302(a)(1) and (3). 10. Venue is proper pursuant to 28 U.S.C. 1391(b)(1). Facts 11. Plaintiff is owner of U.S. Pat. No. 8,850,727 (the Patent-In-Suit ). 12. The Patent-In-Suit relates to a structure for a license plate frame and auto bumper protector, including in certain claims a license plate frame having pyramid shaped extensions. 13. Plaintiff, through licensee, sells commercial embodiments of the Patents-In-Suit, which are marked in accordance with 35 U.S.C These products are branded as BUMP SHOX brand protectors. 14. Defendant Ebay provides an online marketplace for goods. 15. Ebay provides a reporting tool for reporting to Ebay infringement of intellectual property rights occurring in its online marketplace. This reporting tool is known as VeRO. 2

3 Case 1:16-cv Document 1 Filed 12/02/16 Page 3 of 5 PageID #: On or about March 31, 2016, Plaintiff used the VeRO reporting tool to notify Ebay that several listings on the Ebay website offered for sale products that infringed the Patent- In-Suit. 17. On or about April 13, 2016, Ebay contacted Plaintiff by in response to the March 31, 2016 VeRO notice. In that April 13, , Ebay expressly refused to take any action in connection with the infringing listings. 18. On or about July 5, 2016, Plaintiff used the VeRO reporting tool to notify Ebay that several additional listings on the Ebay website were for the sale of products that infringed the Patent-In-Suit. 19. On or about July 19, 2016, Ebay contacted Plaintiff by in response to the July 5, 2016 VeRO notice. In that July 19, , Ebay expressly refused to take any action in connection with the additional infringing listings. 20. At all times since Plaintiff s notices to Ebay, Ebay has continued to host the infringing listings on its website, to facilitate sales of the infringing goods via those listings, and to profit from such sales. 21. Defendant Dean Blowers has offered for sale and sold via Ebay products that infringe the Patent-In-Suit. 22. Defendant Winit is an Ebay Logistics Partner. Winit has sold and shipped in interstate commerce including into the State of New York, as a result of sales via Ebay, products that infringe the Patent-In-Suit. 23. Defendant HiPacking has sold and shipped in interstate commerce including into the State of New York, as a result of sales via Ebay, products that infringe the Patent-In-Suit. 3

4 Case 1:16-cv Document 1 Filed 12/02/16 Page 4 of 5 PageID #: 4 fully herein. First Count Patent Infringement Under 35 U.S.C. 271(a) 24. Plaintiff realleges the allegations contained in the above paragraphs as if stated 25. By virtue of offering for sale, selling and distributing the aforementioned products, Defendants infringes the Patent-In-Suit in violation of 35 U.S.C. 271(a). 26. Defendants, having been put on actual and constructive notice of Plaintiff s patent rights and further continuing to infringe such rights, has willfully and intentionally infringed Plaintiff s Patent-In-Suit. fully herein. 27. Plaintiff has been and continues to be harmed by such infringement. Second Count Patent Infringement Under 35 U.S.C. 271(b) 28. Plaintiff realleges the allegations contained in the above paragraphs as if stated 29. By virtue of offering for sale, selling and distributing the aforementioned products, Defendant Ebay actively induces others to directly infringe the Patent-In-Suit in violation of 35 U.S.C. 271(b), including without limitation all purchasers of the aforementioned product. 30. Defendant Ebay, having been put on actual and constructive notice of Plaintiff s patent rights and further continuing to infringe such rights, has willfully and intentionally infringed Plaintiff s Patent-In-Suit. 31. Plaintiff has been and continues to be harmed by such infringement. 4

5 Case 1:16-cv Document 1 Filed 12/02/16 Page 5 of 5 PageID #: 5 Prayer For Relief WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor Plaintiff: a. awarding actual damages to Plaintiff for Defendants patent infringement under 35 U.S.C. 284, in an amount to be determined, but in no event less than a reasonable royalty; b. awarding exemplary damages to Plaintiff in an amount equal to three times the actual damages and profits awarded pursuant to 35 U.S.C. 284; c. awarding Plaintiff its costs and attorneys fees pursuant to 35 U.S.C. 285; d. permanently enjoining Defendants pursuant to 35 U.S.C. 283 from importing, offering for sale and selling any product which infringes plaintiff s patent rights; and e. providing all other equitable relief that the Court deems just and proper. Dated: December 2, 2016 Plaintiff Keystone Global LLC by its attorney, Jeffrey Sonnabend (JS1243) SonnabendLaw 600 Prospect Avenue Brooklyn, NY JSonnabend@SonnabendLaw.com 5