Enerlites v. Century Prods. - Complaint

Case 8:18-cv-00839-JVS-KES Document 1 Filed 05/14/18 Page 1 of 17 Page ID #:1
1 Bruce A. Fields (SBN 102426)

bfields@panglawyer.com
2 Don Moody (SBN 231110)
3 don@donmoody.net
Fei Pang (SBN 251487)
4 fp@panglawyer.com
5 Nadia Taghizadeh (SBN 259328)
nadia@panglawyer.com
6 Law Offices of Fei Pang
7 411 E. Huntington Dr. Suite 206
Arcadia, CA 91006
8 Telephone: (626) 689-4160
9 Facsimile: (626) 628-1789
10 Attorneys for Plaintiffs: Enerlites, Inc. & Top Greener, Inc.
11
12
UNITED STATES DISTRICT COURT
13
CENTRAL DISTRICT OF CALIFORNIA
14
15 ENERLITES, INC. and TOP GREENER, Case No.:
INC.
16 COMPLAINT FOR DAMAGES
Plaintiffs, AND INJUNCTIVE RELIEF:
17
v. (1) FEDERAL PATENT
18 INFRINGEMENT [35 U.S.C. §
CENTURY PRODUCTS, INC., a §271(a)]
19 California Corporation; WEI HU, an (2) INFRINGEMENT OF
individual and DOES 1-10, inclusive, COPYRIGHT [17 U.S.C. § 101
20 et. Seq.
Defendants. (3) UNFAIR BUSINESS
21 PRACTICES [CALIFORNIA
BUSINESS & PROFESSIONS
22 CODE §17200]
(4) COMMON LAW UNFAIR
23 COMPETITION
(5) UNJUST ENRICHMENT
24 (6) CONTRUCTIVE TRUST
[CALIF. CIVIL CODE §2224]
25 (7) ACCOUNTING
(8) INJUNCTIVE RELIEF
26
[DEMAND FOR JURY TRIAL]
27
28
COMES NOW, Plaintiffs ENERLITES, INC. (“Enerlites”) and TOP
1
COMPLAINT FOR DAMAGES, RESTITUTION AND INJUNCTIVE RELIEF
1 GREENER, INC. (“Top Greener” jointly referred to with Enerlites as “Plaintiffs”)

2 hereby file their Complaint for Damages and Injunctive Relief (“Complaint”)
3 against Defendants CENTURY PRODUCTS, INC. (“Century”) and WEI HU
4 (“Hu”), and DOES 1-10, inclusive (collectively “Defendants”).
5 PARTIES
6 1. Plaintiff Enerlites is now, and was at the time of the filing of this Complaint
7 and at all intervening times, a California Corporation having its principal place of
8 business in Irvine, California.
9 2. Plaintiff Top Greener is now, and was at the time of the filing of this
10 Complaint and at all intervening times, a California Corporation having its
11 principal place of business in Irvine, California.
12 3. Plaintiffs are informed and believe that Defendant Century is a California
13 Corporation. At the time of the filing of this Complaint, and at all intervening
14 times, Century operated its principal place of business in La Verne, California.
15 4. Plaintiffs are informed and believe that Hu is a resident of La Verne,
16 California.
17 5. The true names and capacities, whether individual, corporate, associate or
18 otherwise, of Defendants herein named as DOES 1-10, inclusive, are unknown to
19 Plaintiffs. Plaintiffs therefore sue said Defendants by such fictitious names. When
20 the true names and capacities of said Defendants have been ascertained, Plaintiff
21 will amend this pleading accordingly.
22 6. Plaintiffs further allege that Defendants Century, Hu and DOES 1-10,
23 inclusive, sued herein by fictitious names, are jointly, severally and concurrently
24 liable and responsible with one another upon the causes of action hereinafter set
25 forth.
26 7. Plaintiffs are informed and believe and thereon allege that at all times
27 mentioned herein Defendants Century, Hu and DOES 1-10, inclusive, and each of
28 them, were the agents, servants and employees of every other Defendant and the
2
1 acts of each Defendant, as alleged herein, were performed within the course and
2 scope of that agency, service or employment.
3 JURISDICTION / VENUE
4 8. Plaintiffs incorporate by reference and reallege the allegations set forth in
5 paragraphs 1 through 7 as though set forth in their entirety herein.
6 9. This Court has original jurisdiction over the subject matter of Plaintiffs’
7 claims for relief that relate to patent infringement and copyright infringement
8 pursuant to 17 U.S.C. § 101, et seq. and 17 U.S.C. § 501 et seq. (copyright); 35
9 U.S.C. §§ 271 and 281 (Patent); as these claims under the laws of the United
10 States.
11 10. This Court has supplemental jurisdiction over Plaintiffs’ additional claims
12 arising under statutory and common law pursuant to 28 U.S.C. §§ 1338(b) and
13 1367(a) because these claims are so related to the other claims in this case over
14 which this Court has original jurisdiction that they form a part of the same case or
15 controversy under Article III of the United States Constitution.
16 11. This Court has personal jurisdiction over Defendants because: (i) Defendant
17 Century is a California corporation with its principle place of business within this
18 Court’s Judicial District; and (ii) Hu is a resident of California. Further, a
19 substantial part of the events or omissions giving rise to these claims occurred in
20 this judicial district and have caused damage to Plaintiffs in this district.
21 12. Venue is proper in this court under Title 28 United States Code §§ 1391(b)
22 and (c) because, on information and belief, Defendants’ primary place of business
23 is within this judicial district, Defendants reside in this District and a substantial
24 part of the events or omissions giving rise to these claims occurred in this judicial
25 district and has caused damage to Plaintiffs in this district. Upon information and
26 belief, the infringing products infringing upon Plaintiffs’ valid and enforceable
27 patent and copyright were advertised on a California-based website, paid through
28 a California-based payment processer, purchased by California consumers, and
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1 Defendants purposefully shipped the infringing products from and to the Central
2 District of California. Defendants’ actions within this district directly interfere
3 with and damage Plaintiffs’ commercial business and harm Plaintiffs’ goodwill
4 within this Venue.
5 ALTER EGO ALLEGATIONS
6 13. Plaintiffs further allege on information and belief that Century was and is a
7 mere sham and shell organization, organized and operated as alter ego of Hu for
8 his personal benefit and advantage, in that without limitation:
9 13A. Said entity was so inadequately capitalized that it could not conduct
10 the type of business it was engaged in;
11 13B. The assets of Century were used by Hu for his personal use, and that
12 Hu caused these assets of Century to be transferred to him without consideration;
13 13C. Hu completely controlled, dominated, managed and operated Century
14 and intermingled his own assets with those of Century to suit the convenience of
Hu;
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13D. The activities and business of Century was carried out with disregard
16
of corporate formalities;
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13E. At all times prior to and while acting on behalf of Century, Hu owned
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all the stock of Century; and
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13F. Adherence to the fiction of the separate existence of Century as an
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entity distinct from Hu would permit an abuse of the corporate privilege and would
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promote injustice by allowing Hu to benefit the the wrongful and unlawful conduct
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as asserted and set forth more fully herein.
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GENERAL ALLEGATIONS
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14. Plaintiff Enerlites was formed on or about November 21, 2008. and has
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been actively engaged in the manufacture, distribution and sale of lighting
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products including lighting controls, and wiring devices, such as timers,
27
receptacles, switches and wall plates since December of 2009. Plaintiff Top
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Greener was an entity specifically formed by Enerlites management on or about
4
1 July 11, 2016, as a vehicle for distributing these electrical devices. Amongst
2 Plaintiffs, Enerlites functions as the manufacturer and, through exclusive
3 licensing rights, Top Greener serves as the distributor and retailer. However,
4 many of the principal owners and managers of Enerlites have similar involvement
5 with Top Greener, such that each company regularly acts as the agent or “alter
6 ego” of the other working collectively. Together, Plaintiffs have enjoyed
7 substantial success as developers of advanced, innovative energy saving products,
8 one of which being protected by the various intellectual property rights discussed
9 herein.
10 15. On August 26, 2008 the United States Patent and Trademark Office
11 (“U.S.P.T.O.”) duly and lawfully issued United States Design Patent No. D
12 575,646S (the “Patent”) titled “DIGITAL IN-WALL TIMER” to Lidong Ni and
13 Xiang Yu (collectively the “Inventors”). Mr. Ni, who is also part owner of
14 Enerlites and Top Greener, later issued exclusive licensing rights to Enerlites,
15 with the full consent and permission of his co-inventor Mr. Yu. The rights granted
16 to Enerlites specifically include the right to sue for patent infringement. By virtue
17 of the exclusive rights, Enerlites, may prosecute all activities that infringe upon
18 the above-referenced patent, and any incidental violations associated therewith. A
19 true and correct copy of the Patent is attached hereto as Exhibit 1.
20 16. Additionally, Angel Zheng, a senior staffmember of Top Greener, took a
21 photo depicting the image of Digital In-Wall Timer, which was entitled “TIMER
22 SWITCH ENERLITES HET01-C.” This was done for marketing and sales
23 purposes during the course of her employment. As such, Top Greener is the
24 rightful owner and author of the copyright in said photo, which is a work-made-
25 for-hire pursuant to 17 U.S.C. § 201(b). Plaintiffs, through their counsel of record,
26 filed a completed application for copyright registration of said photograph with
27 the Unitied States Copyright Office, which was acknowledged by the Copyright
28 Office as having been duly received on August 30, 2017. The claim status is
5
1 currently listed as “Pending.” A copy of the Copyright Office filing receipt is

2 attached hereto as Exhibit 2. As author of a Work-Made-For-Hire, Top Greener
3 has all necessary rights to to protect the Copyright, including and not limted to
4 filing this action. Through the extensive use of Plaintiffs’ intellectual property
5 rights, Plaintiffs have built up and developed significant goodwill in their entire
6 product line, including without limitation the Patented “Digital In-Wall Timer”
7 (also known as the “Timer Switch Enerlites HET01-C,” and hereinafter referred to
8 as the “Product”). A wide array of promotional activities have included
9 advertising of the Product through the internet, and as a result said Product is
10 immediately identifiable by association with Plaintiffs.
11 17. As a result of Plaintiffs’ significant marketing and promotional efforts, the
12 quality of Plaintiffs’ Product, and its resulting popularity, Plaintiffs and their
13 Product have been prominently placed in the minds of the public. Consumers,
14 purchasers and the members of the public have become familiar with Plaintiffs
15 and the Product, and have come to recognize the Product and associate it
16 exclusively with Plaintiffs. Plaintiffs have also acquired a valuable reputation and
17 goodwill among the public as a result of such association.
18 18. Defendants manufacture, use, sell, offer for sale, and/or import into the
19 United States one or more lighting apparatuses that infringe on Plaintiffs’ patent
20 rights, including Patent D 575,646S , without authority and license to do so.
21 Defendants’ Wrongful and Infringing Conduct
22 19. In light of the success of Plaintiffs and their Product, as well as the
23 favorable reputation they have gained in the minds of the consuming public,
24 Plaintiffs and their Product have become targets for unscrupulous individuals and
25 entities who wish to take a “free ride” on their goodwill, reputation and fame.
26 Plaintiffs have spent considerable effort and resources to build up their products
27 and favorable commercial reputation.
28
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1 20. Plaintiffs are informed and believe that Defendants have individually and
2 collectively purchased, imported, acquired, offered for sale, sold, and imported
3 into the United States, one or more products that violate and infringe upon
4 Plaintiffs’ valuable intellectual property rights, including without limitation the
5 Patent.
6 21. Further, upon information and belief, Defendants are using a promotional
7 photograph identical or substantially similar to one authored and publicly
8 displayed by Top Greener in its advertisements, as well as the specific model
9 number “HET01-C” as a “keyword” to draw customers to Defendants’ product(s).
10 22. On or about August 17, 2017, Plaintiffs, through their counsel, sent
11 Defendants a “Cease and Desist” letter notifiying Defendants of Plaintiffs’
12 intellectual property rights and demanding infringing activities stop at once.
13 Defendants have ignored this notice and willfully continue to manufacture, sell
14 and distribute a product that violates Plaintiffs’ Patent, and display identical or
15 substantially similar copies of Top Greener’s promotional photograph. A copy of
16 the Cease & Desist Letter depicting both Plaintiffs’ Product and Defendants’
17 infringing product is attached hereto as Exhibit 3.
18 FIRST CLAIM FOR RELIEF
19 For Patent Infringement (35 U .S.C . § 271(a)) by Plaintiff Enerlites, Inc.
Against Defendants and DOES 1-10, Inclusive
20
23. Plaintiff refers to and incorporate by reference into this claim paragraphs 1-
21
22, inclusive, of this Complaint.
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24. On August 26, 2008, United States Patent No. D575,646 (the "Patent")
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entitled " DIGITAL IN-WALL TIMER" was duly and legally issued.
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25. Plaintiff is, by license, the exclusive licensees of all rights in and to the
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Patent, including without limitation the right to make, use and sell the products
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using the Patent, and (most importantly) to prosecute infringers of the Patent via
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litigation, such as the instant action, solely on their own behalf and without any
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need to obtain permission or consent from the Inventors. Plantiff also, under the
7
1 terms of said license, are responsible for paying all legal fees and costs for
2 litigation (such as this one) and are also entitled to 100% of any money damages
3 awarded in such an action for themselves alone. Defendants, without any license
4 or permission from Plaintiff or the Inventors, have made, used, sold, offered for
5 sale and/or imported in or into the United States, products having one or more
6 designs that are highly similar (if not virtually identical) to the design(s) covered
7 by the Patent, and and on information and belief will continue to do so absent relief
8 from this Court. To illustrate:
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10 PATENTED PRODUCT INFRINGING PRODUCT
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26. Defendants’ activities have infringed upon the Patent, and Plaintiff has been
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irreparably harmed by such conduct.
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27. Plaintiff is informed and believes, and on that basis alleges, that Defendants'
22
infringement is willful, wanton, and deliberate, without license or permission and
23
with full knowledge of the Patent, thereby making this an “exceptional” case
24
entitling Plaintiff to enhanced damages, as well as an award of reasonable
25
attorneys fees and costs of suit.
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8
1 SECOND CLAIM FOR RELIEF

2 For Copyright Infringement (17 U.S.C. § 101 et seq.) by Top Greener
Against All Defendants and DOES 1-10, Inclusive
3
28. Plaintiffs reallege and incorporate by reference the allegations set forth in
4
paragraphs 1 through 27 above as though set forth in their entirety herein.
5
Defendants have publicly displayed, in advertising materials, product packaging
6
and other aspects, identical or substantially similar copies of one or more of Top
7
Greener’s copyrighted photos and images, without any license or authorization.
8
By way of example:
9
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COPYRIGHTED PHOTO INFRINGING PHOTO
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29. Through their conduct averred herein, Defendants have infringed
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30. Top Greener’s copyright, in violation of Sections 106 and 501 of the
21
Copyright Act (17 U.S.C. §§ 106 and 501).
22
31. Defendants' actions were undertaken willfully and with knowledge that
23
Defendants were using Top Greener’s copyrighted materials without
24
authorization, and that Defendants were infringing its valuable rights therein.
25
32. Defendants' actions have actually and proximately caused substantial
26
damage to Top Greener, in an amount to be proven at trial. Further, Top Greener’s
27
injuries due to acts of infringement by Defendants are irreparable, and are likely to
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continue unabated unless Defendants' activities are enjoined by this Court.
9
1 THIRD CLAIM FOR RELIEF

2 For Unlawful, Unfair and/or Fraudulent Business Practices
[California Business & Professions Code §17200 et seq.]
3 Against Defendants and DOES 1-10, Inclusive
4 33. Plaintiffs reallege and incorporate by reference the allegations set forth in
5 paragraphs 1 through 32 above, as though set forth in their entirety herein.
6 34. By marketing, advertising, promoting, selling and/or otherwise dealing in
7 one or more products that infringe upon Plaintiffs’ Product, Patent and Copyright,
8 as well as unfairly competing with Plaintiffs under California Common Law,
9 Defendants have engaged in unlawful business practices in violation of the
10 California Business and Professions Code §17200 et seq.
11 35. Defendants’ wrongful conduct, as alleged above, has permitted and will
12 permit them to make substantial sales and profits. Further, Plaintiffs have been and
13 will be deprived of their own substantial sales of their Product in an amount as yet
14 unknown but to be determined at trial. Plaintiffs therefore seek restitution from
15 Defendants pursuant to Calif. Bus. & Prof. Code § 17203, as well as an order
16 granting Defendants’ profits stemming from this infringing activity.
17 36. Plaintiffs have no adequate remedy at law for Defendants’ continuing
18 violation of the rights set forth above. Plaintiffs therefore seek preliminary and
19 permanent injunctive relief.
20 37. Plaintiffs further request a court issue an order to “freeze” any assets or
21 impose a constructive trust over all monies and assets in Defendants’ possession
22 which rightfully belong to Plaintiffs.
23 FOURTH CLAIM FOR RELIEF
24 For Common Law Unfair Competition
against Defendants and DOES 1-10, Inclusive
25
38. Plaintiffs reallege and incorporate by reference the allegations contained in
26
paragraphs 1 through 37 above as though fully set forth herein.
27
39. Defendants have engaged in unlawful, unfair and deceptive conduct
28
including, but not limited to, those actions described above.
10
1 40. Defendants' actions outlined above constitute common law unfair

2 competition against Plaintiffs.
3 41. Defendants' actions have actually and proximately caused damage and
4 irreparable injury to Plaintiffs. Such damage will continue unless Defendants are
5 restrained by this Court. Plaintiffs have no adequate remedy at law.
6 42. As a direct and proximate result of Defendants' misconduct, Plaintiffs
7 business and goodwill have been harmed in an amount to be proven at trial.
8 43. Plaintiffs are informed and believe, and on that basis allege, that Defendants'
9 wrongful actions were carried out willfully, maliciously, oppressively, and in
10 conscious disregard of Plaintiffs’ rights. Plaintiffs are therefore entitled to an
11 award of exemplary damages to punish Defendants' wrongful conduct and to make
12 an example of them.
13 FIFTH CLAIM FOR RELIEF
14 For Unjust Enrichment
44. Plaintiff realleges and incorporates by reference the allegations contained in
16
paragraphs 1 through 43 above as though fully set forth here.
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45. By engaging in the acts described above, Defendants have and continue to
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benefit from their wrongdoing, and have been unjustly enriched by reaping the
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benefits of their unlawful activities to the damage and irreparable harm of
20
Plaintiffs.
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46. Defendants have no right to any resulting from their infringement of
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Plaintiffs’ intellectual property and have been unjustly enriched through their
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wrongful conduct.
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47. Defendants are entitled to a complete disgorgement of all sales and profits
25
associated with the wrongful sales associated with the products that infringe and
26
violate Plaintffs’ rights.
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1 SIXTH CLAIM FOR RELIEF

2 For Contructive Trust, California Civil Code Section 2224
3
48. Plaintiffs hereby reallege and incorporate as if fully set forth herein
4
paragraphs 1 through 47 of this Complaint.
5
49. Plaintiffs allege, on information and belief, that Defendants have unlawfully
6
received income and profits with full knowledge that the income and profit stems
7
from the unlawful acts outlined in detail in the preceding paragraphs of this
8
Complaint.
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50. By reason of each Defendants’ wrongful acts as herein alleged, Defendants
10
are involuntary trustees holding the income, proceeds, profits and revenues
11
improperly and illegally obtained from selling products that infringe upon and
12
violate Plaintiffs’ rights, thus Defendants hold all income, proceeds, profits in
13
constructive trust for Plaintiffs, with the duty to convey the same to Plaintiffs.
14
SEVENTH CLAIM FOR RELIEF
15 For An Accounting
51. Plaintiffs hereby realleges and incorporates as if fully set forth herein
17
paragraphs 1 through 50 of this Complaint.
18
52. Plaintiffs allege, on information and belief, that Defendants, and each of
19
them unlawfully and wrongfully received the income, proceeds, profits and
20
revenues as a result of their wrongful conduct as alleged herein. The precise
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amount of said sums is presently unknown to Plaintiffs and cannot be ascertained
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without an accounting.
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53. Defendants are in possession of all the books, assets, accounts and records
24
asscoaited with the manufacturing, distribution and sale of the infringing products
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which cannot be ascertained ascertained without an accounting of the profits and
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losses that have occurred during the operation of the business.
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54. Plaintiffs hereby demand a complete accounting from Defendants of all
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12
1 documents pertaining to with the manufacturing, distribution and sale of the

2 infringing products and all proceeds, profits and revenues received in relation
3 thereto as well as for their other wrongful acts as alleged herein.
4 EIGHTH CLAIM FOR RELIEF
5 For Injunctive Relief
6
55. Plaintiff realleges and incorporates by reference the allegations contained in
7
paragraphs 1 through 54 above as though fully set forth here.
8
56. Defendants are intentionally causing harm to Plaintiffs.
9
57. Plaintiffs do not have an adequate remedy at law, and will suffer irreparable
10
harm if Defendants' actions are not enjoined.
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58. Plaintiffs are entitled to preliminary and permanent injunctive relief such
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that Defendants, their officers, directors, agents, servants, employees, attorneys,
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confederates, and all persons and/or entities acting for, with, by, through, or in
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concert with them or any of them are:
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a) Required to destroy, remove and disable access to any and all
16
products, pictures and other items in their possession, custody, and/or control that
17
infringe the Patent and/or Copyright ;
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b) Required to account for their profits by reason of their unlawful acts
19
of patent infringement and copyright infringement, unfair competition, and unjust
20
enrichment;
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c) Enjoined from infringing the Patent and Copyright, either directly or
22
contributorily; and
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d) Enjoined from continuing to distribute, reproduce, modify, or
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otherwise use their infringing product(s).
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PRAYER FOR RELIEF
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WHEREFORE, Plaintiffs pray for judgment against Defendants and DOES
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1-10, inclusive, and each of them, as follows:
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13
1 1. For an order finding that Platintiffs’ Patent and Copyright are each valid
2 and enforceable, and that by the acts complained of herein Defendants
3 have directly infringed Plaintiffs’ intellectual property and other valuable
4 rights.
5
2. A judgment and order requiring Defendants to pay Plaintiffs all damages
6
actually and proximately caused by their infringement of the Patent (but
7
in no event less than a reasonable royalty pursuant to 35 U.S.C. § 284)
8
or, in the alternative, the total profit made by Defendants pursuant to 35
9
U.S.C. § 289;
10
3. A judgment and order requiring Defendants to pay Plaintiffs
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supplemental damages or profits for any continuing post-verdict
12
infringement of the Patent up until entry of the final judgment, as well as
13
an accounting, as needed;
14
15 4. A determination that Defendants’ infringement of the Patent constitutes
16 an “exceptional case” pursuant to 35 U.S.C. § 285, along with a
17 judgment and order requiring Defendants to pay Plaintiffs’ increased
18 damages pursuant to 35 U.S.C. § 284;
19 5. For an award of Defendants’ profits and Plaintiffs’ damages for

20 infringement of Plaintiffs’ Copyright pursuant to 17 U.S.C. §504(b) in
21 an amount to be proven at trial;
22
6. In the alternative to actual damages and Defendants’ profits for the
23
infringement Plaintiff’s Copyright, for statutory damages pursuant to 17
24
U.S.C. §504(c), as the Court considers just;
25
7. A determination that Defendants have unlawfully and unfairly competed
26
against Plaintiffs under the laws of the State of California, namely Cal.
27
Bus. & Prof. Code § 17200 et seq.;
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14
1 8. For restitution in an amount to be proven at trial for Defendants’ unfair,

2 fraudulent and illegal business practices under Calif. Business and
3 Professions Code §17200 et seq.;
4
9. For damages in an amount to be proven at trial for unjust enrichment;
5
10. For an award of exemplary or punitive damages in an amount to be
6
determined by the Court;
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11. A judgment and order requiring Defendants to pay Plaintiffs pre-
8
judgment and postjudgment interest on any damages or profits awarded;
9
10 12. For Plaintiffs’ reasonable attorney’s fees;
11 13. For all costs of suit;

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14. For temporary, preliminary and permanent injunctive relief from this
13
Court prohibiting Defendants from infringing upon Plaintiffs’ Patent,
14
and/or Copyright, or from engaging or continuing to engage in the
15
unlawful, unfair, or fraudulent business acts or practices described
16
herein, and any other act in derogation of Plaintiffs’ rights;
17
15. For an order from the Court requiring that Defendants provide complete
18
accountings to Plaintiffs, and that Defendants disgorge and return or
19
pay their ill-gotten gains obtained from the illegal activities described
20
herein, including without limitation the amount of monies that should
21
have been paid if Defendants’ had complied with their legal obligations,
22
or as equity requires;
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16. For an order from the Court imposing a constructive trust over all
24
monies and profits in Defendants’ possession which rightfully belong to
25
Plaintiffs; and
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17. For such further relief as the Court may deem just and equitable.
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1 DATED: May 11, 2018

LAW OFFICES OF FEI PANG
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/s/
4 Bruce A. Fields, Esq.
Attorneys for Plaintiffs
5 Enerlites, Inc. and Top Greener, Inc.
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1 DEMAND FOR JURY TRIAL

2 Plaintiffs respectfully demand a trial by jury in this action pursuant to Local
3 Rule 38-1.
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5 DATED: May 11, 2018
LAW OFFICES OF FEI PANG
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/s/
8 Bruce A. Fields, Esq.
Attorneys for Plaintiffs
9 Enerlites, Inc. and Top Greener, Inc.
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Case 8:18-cv-00839-JVS-KES Document 1-1 Filed 05/14/18 Page 1 of 3 Page ID #:18
NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY(S) CLEAR FORM
OR OF PARTY APPEARING IN PRO PER
Bruce A. Fields (SBN 102426)
bfields@panglawyer.com
Law Offices of Fei Pang
411 E. Huntington Dr. Suite 206
Arcadia, CA 91006
Telephone: (626) 689-4160
Facsimile: (626) 628-1789
ATTORNEY(S) FOR: Plaintiffs: Enerlites, Inc. & Top Greener, Inc.

CENTRAL DISTRICT OF CALIFORNIA
ENERLITES, INC. and TOP GREENER, INC. CASE NUMBER:
Plaintiff(s),
v.
CERTIFICATION AND NOTICE

CENTURY PRODUCTS, INC., a California
OF INTERESTED PARTIES
Corporation; WEI HU, an individual and DOES 1 (Local Rule 7.1-1)
Defendant(s)
TO: THE COURT AND ALL PARTIES OF RECORD:
The undersigned, counsel of record for Plaintiffs: Enerlites, Inc. & Top Greener, Inc.
or party appearing in pro per, certifies that the following listed party (or parties) may have a pecuniary interest in
the outcome of this case. These representations are made to enable the Court to evaluate possible disqualification
or recusal.
(List the names of all such parties and identify their connection and interest. Use additional sheet if necessary.)
PARTY CONNECTION / INTEREST

Enerlites, Inc. Patent Licensee
Top Greener, Inc. Copyright Licensee
Lidong Ni Patent Inventor/Licensor
Xiang Yu Co-Patent Inventor
Angel Zheng Copyright Owner/Licensor
Century Product, Inc. Defendant
Wei Hu Defendant
May 11, 2018 Bruce A. Fields /s/

Date Signature
Attorney of record for (or name of party appearing in pro per):
Plaintiffs: Enerlites, Inc. & Top Greener, Inc.
CV-30 (05/13) NOTICE OF INTERESTED PARTIES

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

for the
Central District
__________ District of
of California
__________
ENERLITES, INC. and TOP GREENER, INC. )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
CENTURY PRODUCTS, INC., a California )
Corporation; WEI HU, an individual and DOES 1-10, )
inclusive, )
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) CENTURY PRODUCTS, INC., a California Corporation;
c/o DAVID SCOTT WARMUTH 801 E VALLEY BLVD STE 206 SAN GABRIEL CA
91776
WEI HU, an individual 2707 LILY ST POMONA CA 91767
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: Law Offices of Fei Pang
411 E. Huntington Dr. Suite 206
Arcadia, CA 91006
Telephone: (626) 689-4160
Facsimile: (626) 628-1789
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
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)

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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Enerlites v. Century Prods. - Complaint

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Case 8:18-cv-00839-JVS-KES Document 1 Filed 05/14/18 Page 1 of 17 Page ID #:1

1 Bruce A. Fields (SBN 102426)

1 GREENER, INC. (“Top Greener” jointly referred to with Enerlites as “Plaintiffs”)

1 currently listed as “Pending.” A copy of the Copyright Office filing receipt is

1 SECOND CLAIM FOR RELIEF

1 THIRD CLAIM FOR RELIEF

1 40. Defendants' actions outlined above constitute common law unfair

1 SIXTH CLAIM FOR RELIEF

1 documents pertaining to with the manufacturing, distribution and sale of the

16 an “exceptional case” pursuant to 35 U.S.C. § 285, along with a

17 judgment and order requiring Defendants to pay Plaintiffs’ increased

18 damages pursuant to 35 U.S.C. § 284;

19 5. For an award of Defendants’ profits and Plaintiffs’ damages for

1 8. For restitution in an amount to be proven at trial for Defendants’ unfair,

11 13. For all costs of suit;

1 DATED: May 11, 2018

1 DEMAND FOR JURY TRIAL

ATTORNEY(S) FOR: Plaintiffs: Enerlites, Inc. & Top Greener, Inc.

CERTIFICATION AND NOTICE

TO: THE COURT AND ALL PARTIES OF RECORD:

PARTY CONNECTION / INTEREST

May 11, 2018 Bruce A. Fields /s/

Attorney of record for (or name of party appearing in pro per):

Plaintiffs: Enerlites, Inc. & Top Greener, Inc.

CV-30 (05/13) NOTICE OF INTERESTED PARTIES

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

UNITED STATES DISTRICT COURT

ENERLITES, INC. and TOP GREENER, INC. )

SUMMONS IN A CIVIL ACTION

A lawsuit has been filed against you.

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

Civil Action No.

This summons for (name of individual and title, if any)

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

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

’ I returned the summons unexecuted because ; or

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

Printed name and title

Additional information regarding attempted service, etc:

Print Save As... Reset

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