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Case 2:17-cv-03385 Document 1 Filed 05/04/17 Page 1 of 4 Page ID #:1

1 Patrick F. Bright (SBN 68709)


WAGNER, ANDERSON & BRIGHT, PC
2 10524 W. Pico Blvd. Suite 214
Los Angeles, California 90064
3 Tel.: (310) 876-1831
Fax: (310) 559-9133
4 E-mail: pbright@brightpatentlaw.com
5 Attorneys for Plaintiff Nexagen Corporation
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7 UNITED STATES DISTRICT COURT
8 CENTRAL DISTRICT OF CALIFORNIA
9 WESTERN DIVISION
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11 NEXAGEN CORPORATION., a Case No. ________________
California Corporation
12 COMPLAINT FOR INFRINGEMENT
Plaintiff, OF UNITED STATES PATENT
13 NO. D768,998
vs.
14 DEMAND FOR JURY TRIAL
15 E.L.F. BEAUTY, INC., a Delaware
corporation
16 Defendant.
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19 1. Plaintiff Nexagen Corporation, a California corporation (Nexagen),
20 for its complaint, and demanding trial by jury under Rule 38, Fed. R. Civ. P., and
21 Local Rule 38-1, alleges that E.L.F. Beauty, Inc. (Defendant), a Delaware
22 corporation, is infringing U.S. Design Patent D768,998 (the 998 patent) ( the
23 Nexagen Corporation patent), by selling, and offering to sell, in this judicial
24 district, certain make-up brushes that infringe the 998 patent.
25 2. This is a civil action for patent infringement and arises under, among
26 other things, the United States Patent Laws, 35 U. S. C. section 10, et seq.
27 Jurisdiction is therefore based upon 28 U. S. C. sections 1331 and 1338(a),
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Case 2:17-cv-03385 Document 1 Filed 05/04/17 Page 2 of 4 Page ID #:2

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providing for federal question jurisdiction of patent infringement actions and
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exclusive jurisdiction of patent infringement actions in the U. S. district courts.
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3. Nexagen is informed and believes, and thereon alleges, that venue in
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this court is proper under 28 U. S. C. section 1391 (c) and section 1400 (b) because
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the acts of patent infringement alleged herein took place, at least in part, within this
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judicial district.
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4. Nexagen is a California corporation, and has its principal place of
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business in Cerritos, California.
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5. Defendant is a Delaware corporation, and has a place of business in
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Oakland, California.
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6. On October 18, 2016, the U.S. Patent and Trademark Office duly and
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lawfully issued the 998 patent under the title Portion of a Make-Up Brush. A true
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and correct copy of the 998 patent is attached hereto as Exhibit A. Nexagen is the
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owner of the 998 patent.
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7. For some time, Defendant has infringed the 998 patent by selling, and
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offering to sell, in this judicial district and elsewhere in the United States, certain
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make-up brushes, shown in Exhibit B to this complaint, that are covered by the
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single claim of the 998 patent.
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9. Upon information and belief, Defendant has derived, and will continue
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to derive, and receive from the above infringement, gains, profits, and advantages in
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an amount not presently known to Nexagen.
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10. Defendants infringement of the 998 patent has damaged Nexagen in
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an unknown amount. These damages continue to grow as Defendants infringement
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continues. Under Sections 284 and 289 of Title 35 of the United States Code,
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Nexagen seeks damages adequate to compensate for this infringement in an amount
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not less than Defendants total profit from sales of the infringing products, together
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with interest and costs affixed by the Court.
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Case 2:17-cv-03385 Document 1 Filed 05/04/17 Page 3 of 4 Page ID #:3

1 PRAYER FOR RELIEF


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3 WHEREFORE, Nexagen prays for the following relief from this court against
4 Defendant:
5 1. An order, pursuant to 35 U.S.C. Section 271, declaring that Defendant
6 has infringed the single claim of the 998 patent;
7 2. An award of the actual damages Nexagen has suffered by reason of the
8 infringement charged in this Complaint, in an amount not less than the total profits
9 from Defendants sales of the products charged with infringing the 998 patent;
10 3. An award to Nexagen of its costs of suit herein; and
11 4. Such other and further relief as the Court may deem just and proper.
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Dated: May 4, 2017 Respectfully submitted,
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WAGNER, ANDERSON & BRIGHT PC
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By: ________________________________
16 Patrick F. Bright
17 Attorneys for Plaintiff Nexagen
Corporation
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Case 2:17-cv-03385 Document 1 Filed 05/04/17 Page 4 of 4 Page ID #:4

1 DEMAND FOR JURY TRIAL


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Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, and
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Local Rule 38-1, Plaintiff Nexagen Corporation does hereby demand trial by
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jury of each and every issue and claim as to which it is entitled to trial by
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jury under Rule 38(a) of the Federal Rules of Civil Procedure.
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8 Dated: May 4, 2017 Respectfully submitted,
9 WAGNER, ANDERSON & BRIGHT PC
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By: ________________________________
13 Patrick F. Bright
Attorneys for Plaintiff Nexagen
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Corporation
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