1 X-PATENTS, APC JONATHAN HANGARTNER, Cal. Bar No. 196268 2 5670 La Jolla Blvd.

3 La Jolla, CA 92037 Telephone: 858-454-4313 4 Facsimile: 858-454-4314 jon@x-patents.com 5 6 USASIA LAW, INC. JOSEPH S. WU, Cal Bar No. 149430 7 5670 La Jolla Blvd. 8 La Jolla, California 92037 Telephone: 858.454.8588 9 Facsimile: 858.454.4314 jwu@usasialaw.com 10 11 Attorneys for Plaintiff YUAN MEI CORPORATION 12 13 14 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No. '12CV2806 WQHKSC COMPLAINT JURY TRIAL DEMANDED

16 YUAN MEI CORPORATION, 17 Plaintiff, 18 v. 19 LUBECKI TECHNICAL HOLDINGS, 20 INC., 21 Defendant. 22 23 24

Plaintiff Yuan Mei Corporation (Yuan Mei) for its Complaint against

25 Defendant Lubecki Technical Holdings, Inc. (Lubecki Holdings) avers as follows: 26 27 28 1

COMPLAINT

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PARTIES Yuan Mei is a Taiwanese corporation with its principal place of business in

3 Chunghua Hsien, Taiwan. 4 2. Lubecki Holdings is a corporation with its principal place of business at 435

5 St. Valier, Granby, Quebec, Canada, J2G 8Y4. 6 7 8 3. JURISDICTION This is a civil action for patent infringement arising under the patent laws of

9 the United States of America, 35 U.S.C. 1, et seq. 10 4. This Court has jurisdiction over the subject matter of the Complaint pursuant

11 to 28 U.S.C. 1331 & 1338. 12 5. This Court has personal jurisdiction over Lubecki Holdings because, on

13 information and belief, Lubecki Holdings is engaged in substantial and regular business in 14 the State of California, has purposefully directed substantial ongoing efforts to sell the 15 infringing products in the Southern District of California, and is actively selling the 16 infringing products in the State of California. 17 18 19 20 7. BACKGROUND Yuan Mei manufactures, markets, and sells a wide range of different types of 6. Venue is proper under 28 U.S.C. 1391(b) and (c) and 1400(b).

21 water sprinklers, including various gun type sprinklers that attach to a hose and spray the 22 water in a variety of different patterns. Among these are various sprinkler models that 23 include a reservoir for a fluid that can be introduced into the water stream in a controlled 24 manner. 25 8. On April 27, 2004, United States Patent No. 6,726,123 (the 123 patent), on

26 an invention entitled Operating/Controlling Structure of Detergent-Mixable Sprinkling 27 28 -2-

1 Gun, was duly and legally issued by the United States Patent and Trademark Office. A 2 copy of the 123 patent is attached hereto as Exhibit A. 3 9. Yuan Mei has been at all times, and still is, the owner of the entire right, title

4 and interest in and to the 123 patent. 5 10. Lubecki Holdings, through its Plastair division, makes, imports, uses, sells

6 and/or offers to sell throughout the United States various sprinkling guns described as 7 All-Purpose Dispenser Nozzle, including at least Models WN-APD-3 and WN-APD-4. 8 11. Lubecki Holdings All-Purpose Dispenser Nozzle products infringe one or

9 more of the claims in the 123 patent in the United States within the meaning of 35 U.S.C. 10 271. 11 12 13 14 12. FIRST CAUSE OF ACTION (Infringement of the 123 Patent) Yuan Mei realleges and incorporates the previous paragraphs of this

15 Complaint as though set forth in full herein. 16 13. Lubecki Holdings has made, used, offered for sale, sold, and/or imported

17 into the United States products, including at least the All-Purpose Dispenser Nozzle, which 18 literally and under the doctrine of equivalents infringes one or more claims of the 123 19 patent in violation of 35 U.S.C. 271. 20 14. Yuan Mei has been damaged and has suffered irreparable injury due to acts

21 of infringement by Lubecki Holdings and will continue to suffer irreparable injury unless 22 Lubecki Holdings activities are enjoined. 23 15. Yuan Mei has suffered and will continue to suffer substantial damages by

24 reason of Lubecki Holdings acts of patent infringement alleged above, and Yuan Mei is 25 entitled to recover from Lubecki Holdings the damages sustained as a result of Lubecki 26 Holdings acts. 27 28 -3-

16.

Lubecki Holdings has willfully and deliberately infringed the 123 patent in

2 disregard of Yuan Meis rights. 3 4 5 PRAYER FOR RELIEF WHEREFORE, Yuan Mei prays that judgment be entered by this Court in its favor

6 and against Lubecki Holdings as follows: 7 8 A. B. That Lubecki Holdings has infringed the 123 patent; Permanently enjoining and restraining Lubecki Holdings, its agents,

9 affiliates, subsidiaries, servants, employees, officers, directors, attorneys and those persons 10 in active concert with or controlled by Lubecki Holdings from further infringing the 123 11 patent; 12 13 C. D. That Lubecki Holdings infringement of the 123 patent is willful; For an award of damages adequate to compensate Yuan Mei for the damages

14 it has suffered as a result of Lubecki Holdings conduct, including pre-judgment interest 15 and a trebling of such damages due to Lubecki Holdings willful infringement; 16 E. That Lubecki Holdings be directed to withdraw from distribution all

17 infringing products, whether in the possession of Lubecki Holdings or its distributors or 18 retailers, and that all infringing products or materials be impounded or destroyed; 19 20 F. G. For monetary damages in an amount according to proof; For interest on said damages at the legal rate from and after the date such

21 damages were incurred; 22 H. That this is an exceptional case and for an award of Yuan Meis attorney fees

23 and costs; 24 25 /// 26 /// 27 /// 28 -4I. For such other relief as the Court may deem just and proper.

1 2 3 4 5 Dated: November 20, 2012 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DEMAND FOR JURY TRIAL Plaintiff Yuan Mei hereby demands a jury trial as to all issues that are so triable.

X-PATENTS, APC

By:

s/ Jonathan Hangartner JONATHAN HANGARTNER Attorneys for Plaintiff YUAN MEI CORPORATION

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