Case 8:19-cv-01775 Document 1 Filed 09/17/19 Page 1 of 20 Page ID #:1

1 TODD M. LANDER (BAR NO. 173031)

todd.lander@ffslaw.com
2 FREEMAN, FREEMAN &thSMILEY, LLP
1888 Century Park East, 15 Floor
3 Los Angeles, California 90067
Telephone: (310) 255-6100
4 Facsimile: (310) 255-6200
5 Attorneys for Plaintiff
KONINKLIJKE PHILIPS N.V.
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION
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11 KONINKLIJKE PHILIPS N.V., Case No. 8:19-cv-01775
12 Plaintiff, COMPLAINT FOR
PATENT INFRINGEMENT
13 vs.
14 TECTRON INTERNATIONAL, INC., DEMAND FOR JURY TRIAL
15 Defendant.
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18 PLAINTIFF’S ORIGINAL COMPLAINT
19 Plaintiff Koninklijke Philips N.V. (“Philips”) hereby asserts the following
20 claim for patent infringement against Defendant Tectron International, Inc.
21 (“Tectron International”) (unless otherwise indicated, “Defendant”), and states as
22 follows:
23 NATURE OF ACTION
24 1. This is an action for patent infringement arising under the patent laws
25 of the United States, Title 35, United States Code, based upon Tectron
26 International’s infringing Philips’s intellectual property, including Philips’s patented
27 smokeless grill design protected by U.S. Design Patent No. D758,785 (the “’785
28 Patent”).

COMPLAINT
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1 2. Tectron International makes, uses, offers for sale and sells an infringing
2 smokeless grill in place of the patented products designed, manufactured and sold
3 by Philips.
4 3. As a result of Tectron International’s unlawful infringement, Tectron
5 International has been wrongfully enriched, and Philips has been injured through
6 loss of sales and good will, and seeks injunctive and monetary remedies under the
7 federal patent statute, 35 U.S.C. §§ 284, 285 and 289.
8 THE PARTIES
9 4. Plaintiff incorporates the preceding paragraphs herein by reference.
10 5. Plaintiff Koninklijke Philips N.V. is a corporation duly organized and
11 existing under the laws of the Netherlands. Its principal place of business is High
12 Tech Campus 5, 5656 AE Eindhoven, the Netherlands.
13 6. On information and belief, Defendant Tectron International, Inc. is a
14 California corporation, having a principal place of business at 4632 Pacific
15 Boulevard in Vernon, California. On information and belief, Mr. Nick Pourmand is
16 the CEO and registered agent for Tectron International. On information and belief,
17 Tectron International does business on Amazon, Wayfair and eBay, and on its
18 website, https://www.tectronint.com/product-p/hw626.htm, where it offers for sale a
19 variety of products, including the accused product of this case, “Hammerstone by
20 Tectron” Smokeless Grill. On information and belief, Tectron International also
21 sells the Hammerstone by Tectron smokeless grill at stores, such as Walmart.
22 JURISDICTION AND VENUE
23 7. Plaintiff incorporates the preceding paragraphs herein by reference.
24 8. This is an action for patent infringement brought under the patent laws
25 of the United States, 35 U.S.C. § 1, et seq. This Court has original subject matter
26 jurisdiction over the claims in this action pursuant to 28 U.S.C. § 1331 (federal
27 question), and 28 U.S.C. § 1338(a) (patents).
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COMPLAINT
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1 9. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391,

2 1400 because Tectron International is incorporated in the State of California listing
3 its principal place of business in this District.
4 10. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391,
5 1400 because Tectron International resides in this District.
6 11. Tectron International can be found in the judicial district, or otherwise
7 established contacts with this judicial district sufficient enough to make the exercise
8 of personal jurisdiction proper.
9 12. On information and belief, Tectron International has committed acts of
10 infringement in this district, and makes (or has made) the accused products, offers
11 for sale the accused products, and sells the accused products from and in this
12 judicial district.
13 BACKGROUND FACTS
14 13. Plaintiff incorporates the preceding paragraphs herein by reference.
15 14. Philips is a world-renowned company that engages in research and
16 development in numerous technological fields. One of these fields is household
17 products, which includes its Avance Collection of Indoor Smoke-less Grills.
18 https://www.usa.philips.com/c-m-ho/cooking/electric-indoor-bbq-grill. Philips sells
19 its patented grill through its website (www.usa.philips.com), and through numerous
20 retailers, including Amazon, BestBuy, Kohl’s and others.
21 15. Philips is the owner, assignee of all rights, title and interest in U.S.
22 Patent No. D758,785 (the “’785 Patent”) entitled “Smokeless Grill,” which issued
23 by the United States Patent and Trademark Office June 14, 2016, based on a foreign
24 application priority date of July 4, 2014. Philips holds the right to sue and recover
25 damages for infringement thereof, including current and past infringement. A copy
26 of the ’785 Patent is attached as Exhibit A.
27 16. The ’785 Patent is valid and enforceable, and was duly issued in full
28 compliance with Title 35 of the United States Code.
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COMPLAINT
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1 17. The ’785 Patent claims the ornamental design, as shown below:
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10 ’785 Patent, FIG. 1.
11 18. Philips manufactures and sells a smokeless grill with the design of the
12 ’785 Patent under its Avance Collection of Indoor Grills.
13 19. In contravention to 35 U.S.C. § 271, and § 289, Tectron International
14 infringed the ’785 Patent by making, using, selling, and/or offering to sell, or
15 causing others to make, use, sell, and/or offer to sell the accused device, including
16 but not limited to its Hammerstone Indoor Smokeless Grill (“Accused Product”).
17 Photographs of the Accused Product are attached hereto as Exhibit B, and
18 reproduced below for convenience.
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27 Exhibit B available at https://www.tectronint.com/product-p/hw626.htm
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COMPLAINT
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1 20. The overall appearance of Tectron International’s Accused Product is

2 substantially the same as the design in the ’785 Patent, and/or at least a colorable
3 imitation thereof. By way of non-limiting examples, both designs comprise
4 common design elements including all four downward angular sides, upward
5 angular side handles, indented sections below handles, separate upper/lower body
6 sections, serrated bottom portions, rounded corners and footings.
7 ‘785 Design Hammerstone Design
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COMPLAINT
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1 ‘785 Design Hammerstone Design

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COMPLAINT
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1 21. The ordinary observer, seeing the Accused Product, would be deceived
2 into believing that it is the same as Philips’s patented design.
3 CAUSE OF ACTION
COUNT I
4 (Infringement of U.S. Patent No. D758,785)
5 22. Plaintiff incorporates the preceding paragraphs herein by reference.
6 23. Tectron International has infringed, currently infringes, and will
7 continue to infringe, the ’785 Patent unless enjoined by this Court from making,
8 using, offering for sale, importing and/or selling products infringing Philips’s
9 patented design within the United States. 35 U.S.C. § 271(a).
10 24. On information and belief, Tectron International knew of Philips,
11 Philips’ patented commercial product, the ’785 Patent, or was willfully blind to its
12 existence, and Tectron International knew or was willfully blind in consciously
13 ignoring the possibility that its actions would infringe the ’785 Patent.
14 25. As a direct and proximate result of Tectron International’s direct and
15 indirect infringement of the ’785 Patent, Philips is suffering damages as well as
16 irreparable injury for which it has no adequate remedy at law, which will continue to
17 harm Philips unless Tectron International is enjoined.
18 26. Philips is entitled to recover damages under 35 USC § 284 and § 289 to
19 adequately compensate for Tectron International’s infringement.
20 PRAYER FOR RELIEF
21 WHEREFORE, Plaintiff respectfully requests the Court enter judgment
22 against Tectron International:
23 1. A judgment that Tectron International infringes U.S. Patent No.
24 D758,785;
25 2. Pursuant to 35 U.S.C. § 283, grant a permanent injunction enjoining
26 Tectron International, its subsidiaries, affiliates, divisions, officers,
27 agents, servants, employees, directors, partners, representatives, and all
28 parties in active concert and/or participation with Tectron International
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COMPLAINT
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1 from directly or indirectly making, having made, selling, offering for

2 sale, distributing, using, or importing into the United States products
3 that infringe the ’785 Patent;
4 3. Pursuant to 35 U.S.C. § 284, direct Tectron International to account for
5 and pay to Plaintiff all damages caused by Tectron International’s
6 infringement of the ’785 Patent, including lost profits and interest, but
7 in no event less than a reasonable royalty;
8 4. Pursuant to 35 U.S.C. § 289, award Plaintiff the total extent of Tectron
9 International’s total profits derived from sales of the Accused Product;
10 5. Pursuant to 35 U.S.C. § 285, award Plaintiff its costs and attorneys’
11 fees incurred in connection with this action, upon a judgment declaring
12 this an exceptional case; and,
13 6. Such other and further relief as the Court deems just and proper.
14 JURY DEMAND
15 Plaintiff demands trial by jury pursuant to Fed. R. Civ. P. 38(b).
16 DATED: September 17, 2019 FREEMAN, FREEMAN & SMILEY, LLP
17
18 By: / s / Todd M. Lander
TODD M. LANDER
19 Attorneys for Plaintiff,
KONINKLIJKE PHILIPS N.V.
20
OF COUNSEL:
21 Howard J. Susser*
Joseph M. Maraia*
22 Christopher S. Schultz*
Daniel J. McGrath*
23 BURNS & LEVINSON LLP
125 High Street
24 Boston, MA 02110
Telephone: 617-345-3000
25 Facsimile: 617-345-3299
26 * Pro Hac Vice motions to be filed with the
Court.
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COMPLAINT
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EXHIBIT A
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