West v. Ultimate Metals Et. Al

7/27/2019 West v. Ultimate Metals Et. Al.

1/74

1 8 / 3fl

TRENT WEST,Plaintiff,

V .

ULTIMATE M ETALS CO., aka METALMASTER S CO.; SEA OF DIAMONDS;ZENG A INC.; BON ND,ORF; and PEORA,Defendants.

UNITED STATES DISTRICT COURTNORTHE RN DISTRICT OF CALIFORNIA

N 1 3 3 614TRENT WEST'S COMPLAINT AGAINSTULTIMATE METALS CO., aka METALMASTERS CO.; SEA OF DIAMONDS;ZENGA INC.; BONNDORF; AND PEORAFOR PATENT INFRINGEMENT OF U.S.PATENT NOS. 6,928,734, 7,032,314 AND7,761,996

DEMAND FOR JURY TRIAL

Edward V incent King, Jr. (SBN 085726)KING & KELLEHER, LLPFour Em barcadero Center, 17 th FloorSan Francisco, CA 94111Telephone: (415) 781-2888Facsimile: (415) [email protected] for PlaintiffTRENT WEST

Plaintiff Trent W est alleges as follows:THE PARTIES

1. Plaintiff Trent West ("West" or "Plaintiff') is an individual residing in California.2. Defendant U ltimate Metals Co., aka Metal Masters Co. ("Ultimate M etals")maintains an office and principal place of business at 631 S . Olive St., Suite 403, Los Ang eles, CA

90014, and is doing business in this D istrict.3. Defendant Sea of Diam onds ("SO D") maintains an office and principal place of

business at 631 S. Olive St., Suite 660, Los Angeles, CA 900 14, and is doing business in thisDistrict.

123456789

101 1

121 3141 516171 819202122232425262728

TRENT WEST'S COMPLAINT FOR PATENT INFRINGEMENTCASE NO. 1


2/74

123

456789

101 1121 3141 516171819202122232425262728

4. Defendant Zenga Inc. ("Zenga Inc.") sells under the brand King Ice, and is aCalifornia corporation having an office and principal place of business at 9040 T elstar Ave., Suite123, El M onte, CA 91731, and is doing business in this District.

5. Defendant Bonndorf ("Bonndorf') maintains an office and principal place ofbusiness at 631 S. Olive St., Suite 403, Los Angeles, CA 900 14, and is doing business in thisDistrict.

6. Defendan t Peora ("Peora") maintains an office and p rincipal place of business at510 W. 6 t h St., Suite 910, Los A ngeles, CA 9001 4, and is doing business in this District.

JURISDICTION AND VEN UE7. This action arises under the patent laws of the U nited States, Title 35 of the U nited

States Code. This Cou rt has jurisdiction over this action pursuant to 28 U.S.C. 1331 and1338(a).

8. Venue is proper in this Court under 28 U.S.C. 1391(b)-(c) because federalquestion jurisdiction is proper and under 28 U .S.C. 1400(b) because each Defendant hascomm itted acts o f infringement in this D istrict.

INTRADISTRICT ASSIGNMENT9. Each of the Defend ants has offered for sale and sold infringing products w ithin the

City and County of San Francisco.FACTS

10. Plaintiff, Trent W est, learned the craft of jewelry design and jewelry m anufactureby apprenticing for his grandfather who w as a successful and accomplished jewelry designer inSouthern California. Mr. West opened his own jewelry studio in 1970. After years of success inthe design and m anufacturer of gold and platinum jewelry rings, in the late 1990's M r. Weststarted investigating how to utilize the unique esthetic and durability properties of tungsten carbidin jewelry finger rings. He applied for his first tungsten carbide jewelry finger ring patent in 1998,and has been aw arded nine patents for his innovations in the use of tungsten carbide for jewelryfinger rings.

- 2 -TRENT WEST'S COMPLAINT FOR PATENT INFRINGEMENTCASE NO.


3/74

123456789

101 1121 3141 516171819202122232425262728

11. Mr. West's first sale of a tungsten carbide jewelry finger ring was in 2000. By2002, Mr. W est was being recognized by the jewelry industry for having pioneered thedevelopm ent for a previously unrecognized market for tungsten carbide jewelry rings. Despiteindustry-wide recognition that Trent W est invented the tungsten carbide jewelry ring market, anddespite U.S. Patents protecting Mr. W est's inventor's rights, Ultimate Metals Co., aka M etalMasters Co.; Sea of D iamonds; Zenga Inc.; Bonndorf; and Peora (collectively "Defendants") havechosen to infringe certain of West's tungsten carbide jewelry finger ring patents.

12. Each of the D efendants sells infringing tungsten carbide rings w ithin the NorthernDistrict of California and throughout the United States over the internet.

13. W est is informed and believes and thereon alleges that each of the Defendants sellinfringing tungsten carbide rings ultimately sourced from the sam e m anufacturer.

FIRST CAUSE OF ACTION(Infringement of U.S. Patent N o. 6,928,734)

14. Plaintiff realleges paragraphs 1 - 13 of this Complaint.15. Plaintiff is the ow ner of U .S. Patent No. 6,928,734 ("the '734 patent"), entitled

"Jewelry Ring and M ethod of M anufacturing Same," with full rights in and to the claims andcauses of action involved in this suit. A true and correct copy o f the '734 patent is attached heretoas Exhibit A.

16. Each D efendant has been infringing the '734 patent, in this District and elsewherein the United States, by selling, offering for sale and/or importing tungsten carbide jewelry fingerrings covered by the '734 patent.

17. Plaintiff alleges on information and belief that each Defendant's infringement of th'734 patent has been willful and deliberate, without license, and w ith full knowledge o f Plaintiff'spatent rights.

18. Unless restrained or enjoined by this Court, Defendants w ill continue their acts ofinfringement, and the resulting d amages to Plaintiff will be substantial, continuing, and irreparable



4/74

S E C O N D C A U S E O F A C T IO N(Infringement of U.S. Patent No. 7,032,314)

19. Plaintiff realleges paragraphs 1 - 18 of this Complaint.20. Plaintiff is the ow ner of U .S. Patent No. 7,032,314 ("the '314 patent"), entitled

"Method s of Making Tu ngsten Carbide-Based A nnular Jewelry Rings," with full rights in and tothe claims and causes of action involved in this suit. A true and correct copy of the '314 patent isattached hereto as Exhibit B.

21. Each D efendant has been infringing the '314 patent, in this District and elsewherein the U nited States, by selling, offering for sale and/or importing tungsten carbide rings coveredby the '314 patent.

22. Plaintiff alleges on information and belief that each Defendant's infringement of th'314 patent has been willful and deliberate, without license, and with full know ledge of P laintiff'spatent rights.

23. Unless restrained or enjoined by this Court, Defendants w ill continue their acts ofinfringement, and the resulting d amages to Plaintiff will be substantial, continuing, and irreparabl

THIRD CAUSE OF ACTION(Infringement of U.S. Patent No. 7,761,996)

24. Plaintiff realleges paragraphs 1 - 23 of this Com plaint.25. Plaintiff is the ow ner of U .S. Patent No. 7,761,996 ("the '996 patent"), entitled

"Method s of Making Tun gsten Carbide-Based A nnular Jewelry Rings," with full rights in and tothe claims and causes of action involved in this suit. A true and correct copy of the '996 patent isattached hereto as Exhibit C.

26. Each D efendant has been infringing the '996 patent, in this District and elsewherein the U nited States, by selling, offering for sale and/or importing tungsten carbide rings coveredby the '996 patent.

27. Plaintiff alleges on information and belief that each Defendant's infringem ent of th'996 patent has been willful and deliberate, without license, and w ith full knowledge o f Plaintiff'spatent rights.


123456789

101 1121 3141516171819202122232425262728


5/74

28.nless restrained or enjoined by this Court, Defend ants will continue their acts ofinfringement, and the resulting dam ages to Plaintiff will be substantial, continuing, and irreparablPRAYER FOR RELIEFWH ERE FORE , Plaintiff Trent West prays for judgment against each Defendant as follows:

1. Defendants, their officers, directors, employees, agents, licensees, servants,successors, assigns, and any persons acting in private or in concert with D efendants bepreliminarily and perm anently restrained and enjoined from further infringement of U.S. Patent6,928,734, U.S. Patent No. 7,032,314, and U.S. Patent No. 7,761,996.

2. Dam ages be awarded to Plaintiff in an amount adequ ate to compensate Plaintiff foDefendants' infringement;

3. Dam ages be increased by three times the amount found or assessed, due toDefendants' willful infringement;

4. Plaintiff be awarded his costs, expenses, and disbursemen ts in this action, includinreasonable attorney's fees;

5. Plaintiff be awarded interest on the amount of d amages found, including pre-judgm ent and post-judgment interest; and

6. Plaintiff be awarded such other and further relief as the Court m ay find equitable,just, and proper.

D E M A N D F O R JU R Y T R IA LPlaintiff Trent W est respectfully demands trial by jury of all issues that may be so tried.

DATED: August 6, 2013espectfully submitted,KING & KELLEHER, LLPBy:dward V incent King, Jr.Attorney for Plaintiff TRENT WE ST- 5 -

TRENT WEST'S COMPLAINT FOR PATENT INFRINGEMENTCASE NO.

123456789

101 11213141 516171819202122232425262728


6/74

EXHIBIT A


7/74


8/74


9/74


10/74


11/74


12/74


13/74


14/74


15/74


16/74


17/74


18/74


19/74


20/74


21/74


22/74


23/74


24/74


25/74


26/74


27/74


28/74


29/74


30/74


31/74


32/74


33/74


34/74


35/74


36/74


37/74

EXHIBIT B


38/74


39/74


40/74


41/74


42/74


43/74


44/74


45/74


46/74


47/74


48/74


49/74


50/74

EXHIBIT C


51/74


52/74


53/74


54/74


55/74


56/74


57/74


58/74


59/74


60/74


61/74


62/74


63/74


64/74


65/74


66/74


67/74


68/74


69/74


70/74


71/74


72/74


73/74


74/74

Documents

West v. Ultimate Metals Et. Al