Theragun v. Pechiko Designs - Complaint

Case 3:19-cv-03846 Document 1 Filed 07/02/19 Page 1 of 17
1 GREGORY S. CORDREY (Bar No. 190144)

gcordrey@jmbm.com
2 ROD S. BERMAN (Bar No. 105444)
rberman@jmbm.com
3 REMI T. SALTER (Bar No. 316327)
rsalter@jmbm.com
4 JEFFER MANGELS BUTLER & MITCHELL LLP
1900 Avenue of the Stars, 7th Floor
5 Los Angeles, California 90067-4308
Telephone: (310) 203-8080
6 Facsimile: (310) 203-0567
7 Attorneys for Plaintiff Theragun, LLC
8
9 UNITED STATES DISTRICT COURT
10 NORTHERN DISTRICT OF CALIFORNIA
11 THERAGUN, LLC, a Delaware limited Case No.
liability company,
12 COMPLAINT FOR
Plaintiff, INFRINGEMENT OF U.S. PATENT
13 NOS. D849,260, D849,261, D850,640
v. AND D837,636
14
PECHIKO DESIGNS LLC DBA DEMAND FOR JURY TRIAL
15 ALYNE, a California corporation,
16 Defendant.
17
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19 Plaintiff Theragun, LLC (“Plaintiff” or “Theragun”) brings this action against
20 defendant Pechiko Designs LLC dba Alyne (“Defendant” or “Alyne”).
21 THE PARTIES
22 1. Plaintiff is a Delaware limited liability company with its principal
23 place of business at 2803 Colorado Avenue, Santa Monica, CA 90404.
24 2. Plaintiff is informed and believes and based thereon alleges that
25 Defendant is a limited liability company organized under the laws of the State of
26 California with a principal place of business at 2055 Adams Avenue, San Leandro,
27 California 94577.
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65939571v1 1 Case No.

COMPLAINT
1 JURISDICTION AND VENUE

2 3. This is an action for patent infringement arising under the patent laws
3 of the United States, 35 U.S.C. § 271.
4 4. This Court has subject matter jurisdiction over this action under 28
5 U.S.C. §§ 1331 and 1338(a)-(b) because it involves substantial claims arising under
6 the patent laws.
7 5. Venue is proper in this court pursuant to 28 U.S.C. § 1391(b) and (c)
8 because Defendant resides in this district.
9 GENERAL ALLEGATIONS
10 6. On May 21, 2019, the United States Patent and Trademark Office
11 issued United States Patent Number D849,260, entitled “Massage Element”
12 (hereinafter “the ‘260 Patent”). A true and correct copy of the ‘260 Patent is
13 attached hereto as Exhibit 1.
14 7. Theragun is the assignee of the ‘260 Patent.
15 8. The ‘260 Patent pertains to a particular ornamental design for an
16 attachment head for percussive massage devices. The attachment head disclosed and
17 claimed in the ‘260 Patent includes several ornamental features, including a circular
18 dome-shaped head that comes to a “flattened” point. The dome-shaped head is
19 placed atop a bottom piece that decreases in radius as it approaches the dome-
20 shaped head. The bottom piece has a circular rounded ridge extending beyond the
21 circumference of the dome-shaped head. The bottom piece nests under the dome-
22 shaped head and, because of its unique shape relative to the dome-shaped head,
23 forms a crevice or slot between the dome-shaped head and the bottom piece. A
24 second embodiment in the ‘260 patent includes the same ornamental features
25 discussed above in this paragraph and also includes a rim extending downwardly
26 from the bottom piece. The rim includes a circular ridge extending downwardly
27 therefrom. The rim also includes an opening that extends upwardly into the bottom
28 piece. The opening includes two opposing rounded sides interposed with two
65939571v1 2 Case No.

COMPLAINT
1 opposing flat sides. The ridge surrounds the opening. These ornamental features,
2 among others, give the attachment its distinct patented design.
3 9. On May 21, 2019, the United States Patent and Trademark Office
4 issued United States Patent Number D849,261, entitled “Massage Element”
5 (hereinafter “the ‘261 Patent”). A true and correct copy of the ‘261 Patent is
6 attached hereto as Exhibit 2.
10 claimed in the ‘261 Patent includes several ornamental features, including a unique
11 cone shape with a rounded point that includes a rim extending upwardly therefrom
12 that has a smaller diameter than the top of the cone. The rim includes a circular
13 ridge extending upwardly therefrom. The rim also includes an opening that extends
14 downwardly into the cone. The opening includes two opposing rounded sides
15 interposed with two opposing flat sides. The ridge surrounds the opening. These
16 ornamental features, among others, give the attachment its distinct patented design.
17 12. On June 4, 2019, the United States Patent and Trademark Office issued
18 United States Patent Number D850,640, entitled “Massage Element” (hereinafter
19 “the ‘640 Patent”). A true and correct copy of the ‘640 Patent is attached hereto as
20 Exhibit 3.
24 claimed in the ‘640 Patent includes several ornamental features, including a
25 spherical shape that includes a rim extending upwardly from the top of the sphere.
26 The rim includes a circular ridge extending upwardly therefrom. The rim also
27 includes an opening that extends downwardly into the sphere. The opening includes
28 two opposing rounded sides interposed with two opposing flat sides. The ridge
65939571v1 3 Case No.

COMPLAINT
1 surrounds the opening. These ornamental features, among others, give the
2 attachment its distinct patented design.
3 15. On June 4, 2019, the United States Patent and Trademark Office issued
4 United States Patent Number D837,636, entitled “Connector” (hereinafter “the ‘636
5 Patent”). A true and correct copy of the ‘636 Patent is attached hereto as Exhibit 4.
8 attachment device for percussive massage devices. The attachment device disclosed
9 and claimed in the ‘636 Patent includes several ornamental features, including a rim
10 at the top thereof that has a generally cylindrical shaped portion with a tapered tip
11 extending downwardly therefrom. The tapered tip ends in a flat surface that has an
12 opening therein that includes two opposing rounded surfaces interposed with two
13 opposing flat surfaces. Two domed shaped portions extend from the attachment
14 device on opposing sides at the distal end of the tapered tip. These ornamental
15 features, among others, give the attachment its distinct patented design.
16 18. Theragun is in the business of developing, manufacturing and selling
17 percussive therapy devices. Theragun invests considerable time, effort and money in
18 developing and protecting its intellectual property. Theragun’s patented and patent-
19 pending devices are innovative and have received industry praise and recognition,
20 including the 2019 A’ Design Award in Digital and Electronic Devices Design for
21 its Theragun G3PRO design.
22 19. Theragun is informed and believes and based thereon alleges that
23 Defendant began competing with Plaintiff in the percussive massage device industry
24 by manufacturing and selling percussive massage devices equipped with a nearly
25 identical attachment device to the design claimed in the ‘636 Patent (hereinafter the
26 “Infringing Attachment Device”). The percussive massage devices that include the
27 Infringing Attachment Device are packaged and sold with three attachment heads.
28 The first of the three head attachments is nearly identical to the head attachment
65939571v1 4 Case No.

COMPLAINT
1 claimed in the ‘260 Patent (the "First Infringing Attachment"). The second of the
2 three head attachments is nearly identical to the head attachment claimed in the ‘261
3 Patent (the "Second Infringing Attachment"). The third of the three head
4 attachments is nearly identical to the head attachment claimed in the ‘640 Patent
5 (the "Third Infringing Attachment"). All three infringing attachments are referred to
6 together herein as the "Infringing Attachments." On June 10, 2019, Theragun first
7 saw Defendant’s Infringing Attachments and the Infringing Attachment Device in a
8 social media advertisement. Since then, Theragun has seen Defendant’s Infringing
9 Attachments and the Infringing Attachment Device being promoted in a number of
10 locations, including on Defendant’s website at www.alyne.co and on social media
11 (see image below).
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65939571v1 5 Case No.

COMPLAINT
1 20. The Infringing Attachments and the Infringing Attachment Device are
2 integral to Defendant’s product, as shown in the screengrab below from the
3 Defendant’s website. From this, it is apparent that Defendant has been actively
4 advertising its Infringing Attachments and its Infringing Attachment Device, touting
5 the product throughout a variety of markets and to numerous audiences. Theragun is
6 informed and believes that Defendant sells its Infringing Attachments and its
7 Infringing Attachment Device in the same marketing channels as Theragun,
8 including online through its website and through social media advertising.
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22 21. On June 11, 2019, Theragun notified Defendant by letter that their
23 attachment device and attachment heads infringe Theragun’s ‘260, ‘261, ‘640 and
24 ‘636 Patents and demanded that Defendant immediately cease the manufacture,
25 offer for sale, sale, use and importation of the Infringing Attachments and its
26 Infringing Attachment Device. On June 26, 2019 Defendant acknowledged receipt
27 of Theragun’s letter and stated it would respond by July 8, 2019. Defendant indeed
28 responded, but Defendant did not state that it would immediately cease its infringing
65939571v1 6 Case No.

COMPLAINT
1 activities.
2 22. On June 26, 2019, Theragun responded to Defendant and asked if
3 Defendant would agree to hold its inventory and stop selling and marketing the
4 alleged infringing product until the matter is resolved. On June 27, 2019, Defendant
5 responded that they preferred to look into the substance of a letter from a competitor
6 regarding any alleged infringement, particularly with regard to a pending
7 application, before undertaking any commercially significant steps. It also did not
8 state that it would immediately cease its infringing activities.
9 23. Notwithstanding Plaintiff’s demand and in conscious disregard of
10 Plaintiff’s intellectual property rights as set forth herein, Defendant has continued to
11 use the Infringing Attachments and its Infringing Attachment Device in conjunction
12 with its percussive massage devices and in direct competition with Plaintiff.
13 FIRST CAUSE OF ACTION
14 Patent Infringement of the ‘260 Patent (35 U.S.C. §§ 101 et seq.)
15 24. Plaintiff realleges and incorporates by reference all paragraphs above as
16 if fully set forth herein.
17 25. At all times herein mentioned the ‘260 Patent was and is valid and fully
18 enforceable.
19 26. As shown below, a side by side comparison of Plaintiff’s ‘260 Patent
20 and Defendant’s Infringing Attachment quickly reveals that the First Infringing
21 Attachment appears substantially the same as Plaintiff’s ‘260 Patent to an ordinary
22 observer, the resemblance is such as to deceive such an observer, inducing him to
23 purchase one supposing it to be the other:
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65939571v1 7 Case No.

COMPLAINT
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14 27. Defendant has and continues to directly infringe the ‘260 Patent by
15 making, using, offering for sale, selling and importing the First Infringing
16 Attachment in conjunction with percussive massage devices competitive to Plaintiff.
17 28. Defendant’s infringement is based upon literal infringement or
18 infringement under the doctrine of equivalents, or both.
19 29. At no time has Plaintiff granted Defendant authorization, license, or
20 permission to utilize the design claimed in the ‘260 Patent.
21 30. Plaintiff has been damaged by Defendant’s acts of infringement of the
22 ‘260 Patent and Plaintiff will continue to be damaged by such infringement unless
23 enjoined by this Court. Plaintiff is entitled to recover damages adequate to
24 compensate for the infringement under 35 U.S.C. § 284.
25 31. Plaintiff is, and has been, irreparably harmed by Defendant’s on-going
26 infringement including the following harm which cannot be quantified or recouped
27 through monetary damages: (1) lost market share that will be difficult, if not
28 impossible, to recoup later as the First Infringing Attachment becomes entrenched
65939571v1 8 Case No.

COMPLAINT
1 with retail sellers and trainers who recommend them to their clients, (2) loss of first
2 mover advantage that Theragun enjoyed as the first company to offer its innovative
3 percussive devices and patented attachments, (3) loss of Theragun’s investment in
4 building up the market for percussive devices and its patented attachments, (4)
5 negative effect on its reputation as innovator and pioneer, (5) the unquantifiable
6 effect on lost sales of related products, (6) price erosion due to Defendant’s
7 Infringing Attachment being sold at a price point lower than Theragun’s patented
8 product, (7) diversion of resources to defend against loss of market share caused by
9 sales of the First Infringing Attachment, and (8) Defendant’s unauthorized sales that
10 are enticing others to offer for sale and sell infringing attachments that leads to
11 additional irreparable harm described above.
12 32. Defendant’s acts of infringement have been, and continue to be, willful
13 and deliberate and therefore warrant the award of attorneys’ fees pursuant to 35
14 U.S.C. § 285 and the enhancement of damages pursuant to 35 U.S.C. § 284.
15 SECOND CAUSE OF ACTION
20 enforceable.
22 and Defendant’s Infringing Attachment quickly reveals that the Second Infringing
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COMPLAINT
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65939571v1 10 Case No.

COMPLAINT
1 entrenched with retail sellers and trainers who recommend them to their clients, (2)
2 loss of first mover advantage that Theragun enjoyed as the first company to offer its
3 innovative percussive devices and patented attachments, (3) loss of Theragun’s
4 investment in building up the market for percussive devices and its patented
5 attachments, (4) negative effect on its reputation as innovator and pioneer, (5) the
6 unquantifiable effect on lost sales of related products, (6) price erosion due to
7 Defendant’s Second Infringing Attachment being sold at a price point lower than
8 Theragun’s patented product, (7) diversion of resources to defend against loss of
9 market share caused by sales of the Second Infringing Attachment, and (8)
10 Defendant’s unauthorized sales that are enticing others to offer for sale and sell
11 infringing attachments that leads to additional irreparable harm described above.
15 THIRD CAUSE OF ACTION
20 enforceable.
22 and Defendant’s Infringing Attachment quickly reveals that the Third Infringing
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65939571v1 11 Case No.

COMPLAINT
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27 impossible, to recoup later as the Third Infringing Attachment becomes entrenched
65939571v1 12 Case No.

COMPLAINT
5 effect on lost sales of related products, (6) price erosion due to Defendant’s Third
6 Infringing Attachment being sold at a price point lower than Theragun’s patented
7 product, (7) diversion of resources to defend against loss of market share caused by
8 sales of the Third Infringing Attachment, and (8) Defendant’s unauthorized sales
9 that are enticing others to offer for sale and sell infringing attachments that leads to
10 additional irreparable harm described above.
14 FOURTH CAUSE OF ACTION
19 enforceable.
21 and Defendant’s Infringing Attachment quickly reveals that the Infringing
22 Attachment Device appears substantially the same as Plaintiff’s ‘636 Patent to an
23 ordinary observer, the resemblance is such as to deceive such an observer, inducing
24 him to purchase one supposing it to be the other:
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65939571v1 13 Case No.

COMPLAINT
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16 Device in conjunction with percussive massage devices competitive to Plaintiff.
28 impossible, to recoup later as the Infringing Attachment Device becomes entrenched
65939571v1 14 Case No.

COMPLAINT
6 effect on lost sales of related products, (6) price erosion due to Defendant’s
7 Infringing Attachment Device being sold at a price point lower than Theragun’s
8 patented product, (7) diversion of resources to defend against loss of market share
9 caused by sales of the Infringing Attachment Device, and (8) Defendant’s
10 unauthorized sales that are enticing others to offer for sale and sell infringing
11 attachments that leads to additional irreparable harm described above.
15
16 PRAYER FOR RELIEF
17 WHEREFORE, Plaintiff prays for judgment as follows:
18 A. For an order finding that the ‘260, ‘261, ‘640 and ‘636 Patents are valid
19 and enforceable;
20 B. For an order finding that Defendant has infringed the ‘260, ‘261, ‘640
21 and ‘636 Patents directly, literally or by equivalents, in violation of 35 U.S.C. § 271;
22 C. For an order finding that Defendant’s infringement of the ‘260, ‘261,
23 ‘640 and ‘636 Patents is willful;
24 D. For an order temporarily, preliminarily and permanently enjoining
25 Defendant, its officers, directors, agents, servants, affiliates, employees,
26 subsidiaries, divisions, branches, parents, attorneys, representatives, privies, and all
27 others acting in concert or participation with any of them, from infringing the 260,
28 ‘261, ‘640 and ‘636 Patents directly, contributorily and/or by inducement, in
65939571v1 15 Case No.

COMPLAINT
1 violation of 35 U.S.C. § 271;

2 E. For an order directing Defendant to file with the Court, and serve upon
3 Theragun’s counsel, within thirty (30) days after entry of the order of injunction, a
4 report setting forth the manner and form in which it has complied with the
5 injunction;
6 F. For an order awarding Theragun damages adequate to compensate
7 Theragun for the infringement by Defendant, including disgorgement of profits or
8 gains of any kind made by Defendant from its infringing acts, lost profits and/or
9 reasonable royalty, in amounts to be fixed by the Court in accordance with proof,
10 including enhanced and/or exemplary damages, as appropriate under 35 U.S.C.
11 § 284;
12 G. For an order awarding Theragun pre-judgment interest and post-
13 judgment interest at the maximum rate allowed by law;
14 H. For an order requiring an accounting of the damages to which Theragun
15 is found to be entitled;
16 I. For an order declaring this to be an exceptional case pursuant to 35
17 U.S.C. § 285 and awarding Theragun its attorneys’ fees;
18 J. For an order awarding Theragun its costs of court; and
19 K. Granting Theragun such other and further relief as the Court may deem
20 just and proper.
21 DATED: July 2, 2019 GREGORY S. CORDREY
ROD S. BERMAN
22 REMI T. SALTER
JEFFER MANGELS BUTLER & MITCHELL LLP
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By: /s/ Remi T. Salter
25 REMI T. SALTER
Attorneys for Plaintiff Theragun, LLC
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65939571v1 16 Case No.

COMPLAINT
1 DEMAND FOR JURY TRIAL

2 Plaintiff demands trial by jury on all issues so triable.
3
4 DATED: July 2, 2019 GREGORY S. CORDREY
ROD S. BERMAN
5 REMI T. SALTER
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8 By: /s/ Remi T. Salter
REMI T. SALTER
9 Attorneys for Plaintiff Theragun, LLC
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65939571v1 17 Case No.

COMPLAINT
Case 3:19-cv-03846 Document 1-1 Filed 07/02/19 Page 1 of 11
JS-CAND 44 (Rev. 06/17) Case 3:19-cv-03846 Document 1-5 Filed 07/02/19 Page 1 of 2
CIVIL COVER SHEET
The JS-CAND 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 in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
THERAGUN, LLC PECHIKO DESIGNS LLC DBA ALYNE
(b) County of Residence of First Listed Plaintiff Los Angeles County of Residence of First Listed Defendant Alameda
(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)
See attachment.
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)
PTF DEF PTF DEF
1 U.S. Government Plaintiff 3 Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4
(U.S. Government Not a Party)
of Business In This State
Citizen of Another State 2 2 Incorporated and Principal Place 5 5
2 U.S. Government Defendant 4 Diversity of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)

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

IF ANY (See instructions):
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE
DATE 07/01/2019 SIGNATURE OF ATTORNEY OF RECORD /s/ Remi T. Salter
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JS-CAND 44 (rev. 07/16) Case 3:19-cv-03846 Document 1-5 Filed 07/02/19 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44
Authority For Civil Cover Sheet. The JS-CAND 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 in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate 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 Federal Rule of Civil Procedure 8(a), 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.
(1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
(3) Federal question. This refers to suits under 28 USC § 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.
(4) Diversity of citizenship. This refers to suits under 28 USC § 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-CAND 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 the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an “X” in one of the six boxes.
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petition for removal is granted, check this box.
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date.
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§ 1407. When this box is checked, do not check (5) above.
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Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
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 Federal Rule of Civil Procedure 23.
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-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX. Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: “the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.”
Date and Attorney Signature. Date and sign the civil cover sheet.
Attachment to Civil Cover Sheet
I(c). Attorneys for Plaintiff (Firm Name, Address, and Telephone Number)
GREGORY S. CORDREY (Bar No. 190144)
gcordrey@jmbm.com
ROD S. BERMAN (Bar No. 105444)
rberman@jmbm.com
REMI T. SALTER (Bar No. 316327)
rsalter@jmbm.com
1900 Avenue of the Stars, 7th Floor
Los Angeles, California 90067-4308
Telephone: (310) 203-8080
Facsimile: (310) 203-0567
65947424v1

Theragun v. Pechiko Designs - Complaint

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Case 3:19-cv-03846 Document 1 Filed 07/02/19 Page 1 of 17

1 GREGORY S. CORDREY (Bar No. 190144)

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1 JURISDICTION AND VENUE

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1 violation of 35 U.S.C. § 271;

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1 DEMAND FOR JURY TRIAL

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IV. NATURE OF SUIT (Place an “X” in One Box Only)

V. ORIGIN (Place an “X” in One Box Only)

VIII. RELATED CASE(S), JUDGE DOCKET NUMBER

DATE 07/01/2019 SIGNATURE OF ATTORNEY OF RECORD /s/ Remi T. Salter

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44

Attachment to Civil Cover Sheet

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