Case 8:19-cv-01809 Document 1 Filed 07/24/19 Page 1 of 8 PageID 1

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SUNDESA, LLC, a Utah limited liability

company,

Plaintiff,

v. CASE NO. ______________________

JH STUDIOS, INC., a Florida corporation,

Defendant.

____________________________________/

COMPLAINT, DEMAND FOR JURY TRIAL,

AND INJUNCTIVE RELIEF SOUGHT

Plaintiff Sundesa, LLC (“Sundesa”), by and through its undersigned counsel, Akerman

LLP and Maschoff Brennan, hereby complains against defendant JH Studios, Inc. (“JH

Studios”), and in support thereof, states as follows:

THE PARTIES

1. Sundesa is a limited liability company duly organized and existing under the

laws of the State of Utah, with its principal place of business located at 250 South 850 East,

Lehi, Utah 84043.

2. Sundesa alleges JH Studios is a corporation organized and existing under the

laws of the State of Florida with its principal place of business located at 1819 Rudder Drive,

Valrico, Florida 33594.

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JURISDICTION AND VENUE

3. This is a civil action for patent infringement arising under the patent laws of the

United States 35 U.S.C. §§ 1 et seq., including 35 U.S.C. § 271.

4. This Court has original jurisdiction over the subject matter of this action under

at least 28 U.S.C. §§ 1331 and 1338(a).

5. This Court has personal jurisdiction over JH Studios because JH Studios (i)

resides in this judicial District and (ii) is incorporated in the State of Florida.

6. This Court’s exercise of personal jurisdiction over JH Studios is consistent with

the Constitutions of the United States and the State of Florida.

7. Venue is proper in this judicial district under at least 28 U.S.C. §§ 1391 and

1400.

FACTUAL BACKGROUND

8. Sundesa’s technological innovations are protected by, inter alia, a portfolio of

utility and design patents, including United States Utility Patent No. 6,379,032 (the “’032

Patent”) and United States Design Patent No. D510,235 (the “’235 Design Patent”)

(collectively, the “Asserted Patents”).

9. Sundesa is an exclusive licensee of the Asserted Patents and has been granted

all rights thereunder, including the right and standing to enforce the Asserted Patents.

10. JH Studios is in the business of manufacturing and selling custom printed

promotional items, including fitness products and accessories. In particular, JH Studios sells

and offers for sale, inter alia, shaker cups with a whisk type ball that allow users to perform

the methods claimed in the ’032 Patent (the “Accused Product”).

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11. JH Studios and/or its affiliates market(s), describe(s), encourage(s), and

instruct(s) its customers to use the Accused Product to mix ingredients in such a way as to

perform the claimed methods of the ’032 Patent.

12. Use of JH Studios’ Accused Product infringes the ’032 Patent.

13. The Accused Product has no substantial non-infringing uses.

14. The design of the Accused Product is substantially the same as the design that

is the subject matter of the ’235 Design Patent.

15. Furthermore, the design of the Accused Product is so similar to the design that

is the subject matter of the ’235 Design Patent that customers are likely to be deceived and

persuaded to buy the Accused Products thinking they are actually buying products protected

by the ’235 Design Patent.

16. On September 29, 2014, Sundesa’s attorneys sent JH Studios a letter informing

JH Studios of its infringement of the Asserted Patents.

17. Along with this letter, Sundesa mailed JH Studios courtesy copies of the

Asserted Patents.

18. JH Studios has had pre-suit knowledge of the Asserted Patents since at least

receipt of Sundesa’s letter dated September 29, 2014.

19. Since learning of the Asserted Patents, at least since receiving Sundesa’s letter,

JH Studios has continued to infringe the Asserted Patents.

FIRST CLAIM FOR RELIEF

(Infringement of the ’032 Patent)

20. By this reference, Sundesa realleges and incorporates the foregoing paragraphs

as though fully set forth herein.

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21. JH Studios has directly infringed and continues to directly infringe the ’032

Patent under 35 U.S.C. § 271(a) by selling, and offering for sale within the United States the

Accused Product, which infringes the ’032 Patent.

22. Since at least approximately September 29, 2014, JH Studios has had, and

continues to have, the specific intent to induce its customers or users of its products to infringe

the ’032 Patent. For example, JH Studios instructs its customers or users of the Accused

Product to use it to mix ingredients according to the claimed methods of the ’032 Patent.

23. JH Studios’ customers or users of the Accused Product do, in fact, infringe the

’032 Patent.

24. Since at least approximately September 29, 2014, JH Studios has known, or

should have known, that its customers, or users of its products, infringe the ’032 Patent.

25. The Accused Product is especially made to be used, and is in fact used, by

customers, or users, of the Accused Product, in a way that infringes the ’032 Patent.

26. JH Studios has indirectly infringed and continues to indirectly infringe the ’032

Patent under 35 U.S.C. §§ 271(b) and (c) by actively inducing infringement of, and

contributorily infringing the ’032 Patent.

27. Despite its knowledge of the ’032 Patent, JH Studios has continued to infringe

and induce others to infringe the ’032 Patent.

28. The conduct of JH Studios as set forth hereinabove gives rise to a cause of

action for infringement of the ’032 Patent, pursuant to at least 35 U.S.C. §§ 271 and 281.

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29. JH Studios has manufactured, used, imported, sold, and offered for sale the

Accused Product despite an objectively high likelihood that its actions constitute infringement

of the ’032 Patent.

30. JH Studios’ manufacture, use, importation, sale, and offer for sale of the

Accused Product has been both willful and deliberate.

31. JH Studios’ acts of infringement have caused damage to Sundesa, and Sundesa

is entitled to recover the damages sustained as a result of JH Studios’ wrongful acts in an

amount subject to proof at trial. JH Studios’ infringement of Sundesa’s rights under the ’032

Patent will continue to damage Sundesa’s business causing irreparable harm for which there is

no adequate remedy at law, unless it is enjoined by this Court.

32. By reason of the foregoing, Sundesa is entitled to monetary and injunctive relief

against JH Studios, pursuant to 35 U.S.C. §§ 283-85, as more fully set forth herein below.

SECOND CLAIM FOR RELIEF

(Infringement of the ’235 Design Patent)

33. By this reference, Sundesa realleges and incorporates the foregoing paragraphs

as though fully set forth herein.

34. JH Studios has infringed, and continues to infringe the ’235 Design Patent by

offering to sell, selling, or importing, in this District, and elsewhere in the United States, the

Accused Product, the design of which is substantially the same as the ornamental design of the

’235 Design Patent.

35. JH Studios’ actions constitute infringement of the ’235 Design Patent in

violation of 35 U.S.C. § 271.

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36. Sundesa has sustained damages and will continue to sustain damages as a result

of JH Studios’ aforementioned acts of infringement.

37. Sundesa is entitled to recover damages sustained as a result of JH Studios’

wrongful acts in an amount to be proven at trial.

38. JH Studios’ infringement of Sundesa’s rights under the ’235 Design Patent will

continue to damage Sundesa’s business, causing irreparable harm, for which there is no

adequate remedy at law, unless JH Studios is enjoined by this Court.

39. JH Studios has willfully infringed the ’235 Design Patent, entitling Sundesa to

increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in

prosecuting this action under 35 U.S.C. § 285.

40. Alternatively, Sundesa is entitled to monetary and injunctive relief against JH

Studios for JH Studios’ total profits from its sale of the Accused Product under 35 U.S.C. §

289.

PRAYER FOR RELIEF

Sundesa prays for judgment as follows:

A. A judgment finding JH Studios liable for infringement of one or more of the

claims of the ’032 Patent;

B. A judgment finding JH Studios liable for infringement of the claims of the ’235

Design Patent;

C. Orders of this Court temporarily, preliminarily, and permanently enjoining JH

Studios, its agents, servants, and any and all parties acting in concert with any of them, from

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directly or indirectly infringing in any manner any of the claims of the Asserted Patents,

pursuant to at least 35 U.S.C. § 283;

D. An award of damages adequate to compensate Sundesa for JH Studios’

infringement of the ’032 Patent, in an amount to be proven at trial;

E. An award of damages adequate to compensate Sundesa for JH Studios’

infringement of the ’235 Design Patent, in an amount to be proven at trial, or in the alternative,

an award of JH Studios’ total profits under 35 U.S.C. § 289;

F. An award of treble Sundesa’s damages, pursuant to at least 35 U.S.C. § 284;

G. A declaration that this is an exceptional case and that Sundesa be awarded its

attorney fees and expenses, pursuant to at least 35 U.S.C. § 285;

H. An award of Sundesa’s costs in bringing this action, pursuant to all applicable

state statutory and common law, including at least 35 U.S.C. § 284;

I. An award of Sundesa’s attorney fees, pursuant to all applicable state statutory

and common law;

J. Prejudgment interest, pursuant to at least 35 U.S.C. § 284;

K. Post-judgment interest, pursuant to at least 28 U.S.C. § 1961(a); and

L. For such other and further relief as the Court deems just and equitable.

DEMAND FOR JURY TRIAL

Sundesa demands trial by jury on all claims and issues so triable as a matter of right.

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DATED: July 24, 2019 Respectfully submitted,

/s/ James M. Miller

James M. Miller
Trial Counsel
Florida Bar No. 201308
AKERMAN LLP
Three Brickell City Centre
98 Southeast Seventh Street, Suite 1100
Miami, FL 33131
Telephone: (305) 374-5600
Fax: (305) 374-5095
james.miller@akerman.com

Leslie Schultz-Kin
Florida Bar No.: 230080
AKERMAN LLP
401 E. Jackson Street, Suite 1700
Tampa, FL 33602
Telephone: (813) 223-7333
Fax: (813) 223-2837
Leslie.schultz-kin@akerman.com

Larry R. Laycock
(Special Admission Attorney Certification
Forthcoming)
Utah State Bar No. 4868
Trevor L. Clark
(Special Admission Attorney Certification
Forthcoming)
Utah State Bar No. 16798
MASCHOFF BRENNAN
111 South Main Street, Suite 600
Salt Lake City, Utah 84111
Telephone: (435) 252-1360
Facsimile: (435) 252-1361
llaycock@mabr.com
tclark@mabr.com

Counsel for Plaintiff Sundesa, LLC

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JS 44 (Rev. 02/19) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS Sundesa, LLC, a Utah limited liability company DEFENDANTS JH Studios, Inc., a Florida corporation

(b) County of Residence of First Listed Plaintiff Utah County, UT County of Residence of First Listed Defendant Hillsborough County, FL
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

James M. Miller (305) 375-5600

Akerman LLP, 98 Southeast Seventh St., Miami, FL 33131

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 485 Telephone Consumer
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) Protection Act
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 490 Cable/Sat TV
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 850 Securities/Commodities/
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) Exchange
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 890 Other Statutory Actions
Medical Malpractice Leave Act ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 893 Environmental Matters
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 895 Freedom of Information
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) Act
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 896 Arbitration
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 899 Administrative Procedure
’ 245 Tort Product Liability Accommodations ’ 530 General Act/Review or Appeal of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: ’ 462 Naturalization Application ’ 950 Constitutionality of
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration State Statutes
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 271
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement by defendant JH Studios, Inc.
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 02/19) Case 8:19-cv-01809 Document 1-1 Filed 07/24/19 Page 2 of 2 PageID 10
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE
NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in
statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 8:19-cv-01809 Document 1-2 Filed 07/24/19 Page 1 of 2 PageID 11

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida

SUNDESA, LLC, a Utah limited liability company, )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
JH STUDIOS, INC., a Florida corporation, )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) JH STUDIOS, INC.

by serving its Registered Agent, Mirtha Holland
1819 Rudder Drive
Valrico, FL 33594

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: James M. Miller, Esq.
Akerman LLP
98 SE 7th Street, Suite 1100
Miami, FL 33131
305-374-5600
james.miller@akerman.com
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 8:19-cv-01809 Document 1-2 Filed 07/24/19 Page 2 of 2 PageID 12

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) JH Studios, Inc.
was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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