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Профессиональный Документы
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v.
COMPLAINT
Amazon.com, Inc.,
Defendant.
Plaintiff, Tyger Manufacturing LLC, for its Complaint against the defendant,
PARTIES
having a principal place of business at 1528 S. El Camino Real, Suite #108, San Mateo
corporation having a regular and established place of business at 410 Terry Avenue
North, Seattle, WA 98109; 1000 Tech Center Drive, Stoughton, MA 02072; 1180
Innovation Way, Fall River, MA 02722; and 101 Main Street, Kendall Square,
-1-
Case 1:18-cv-11967 Document 1 Filed 09/18/18 Page 2 of 8
4. This action arises under the patent laws of the United States, 35 U.S.C. §1 et seq.
5. This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C.
6. This Court has personal jurisdiction over the defendant based upon its contacts
with this forum, including, having a regular and established place of business within the
1400(b).
GENERAL FACTS
8. Plaintiff is the sole owner of U.S. Patent No. 9,968,127 entitled “Smoking
Device” that issued on May 15, 2018. Attached as Exhibit A is a true copy of U.S. Patent
9. Plaintiff is the sole owner of U.S. Patent No. D761,487 entitled “Smoking
Device” that issued on July 12, 2016. Attached as Exhibit B is a true copy of U.S. Patent
10. Plaintiff manufactures, markets, and sells a glass blunt pipe covered and protected
by the claims of U.S. Patent No. 9,968,127 and U.S. Patent No. D761,487 under the
marks 7PIPE and TWISTY that has been highly successful. Attached as Exhibit C are
true pictures of Plaintiff’s glass blunt pipe. Plaintiff’s glass blunt pipe has received
acclaims by industry professionals for its unique and elegant functional and aesthetic
-2-
Case 1:18-cv-11967 Document 1 Filed 09/18/18 Page 3 of 8
design. Plaintiff’s glass blunt pipe has gone viral on the internet with more than thirty
seven (37) million views of a video post of the claimed design of the ‘487 Patent.
11. On information and belief, defendant is using, fulfilling, delivering, offering for
sale, selling and/or re-selling pipes to consumers throughout the United States, including
the Commonwealth of Massachusetts, that infringes U.S. Patent No. 9,968,127 and U.S.
13. Attached hereto as Exhibit D is a copy of defendant’s web page offering a glass
pipe (ASIN No. B07GX7MFKQ) for sale and fulfilled by Amazon (hereinafter “Product
#1”).
14. Attached hereto as Exhibit E is a copy of defendant’s web page offering a glass
pipe (ASIN No. B07GFJX5W3) for sale and fulfilled by Amazon (hereinafter “Product
#2”).
15. Attached hereto as Exhibit F is a copy of defendant’s web page offering a glass
pipe (ASIN No. B07G4H4BG3) for sale and fulfilled by Amazon (hereinafter “Product
#3”).
16. Attached hereto as Exhibit G is a copy of defendant’s web page offering a glass
pipe (ASIN No. B07G6JB61H) for sale and fulfilled by Amazon (hereinafter “Product
#4”).
17. Attached hereto as Exhibit H is a copy of defendant’s web page offering a glass
pipe (ASIN No. B07GT82TX7) for sale and fulfilled by Amazon (hereinafter “Product
#5”).
-3-
Case 1:18-cv-11967 Document 1 Filed 09/18/18 Page 4 of 8
18. Attached hereto as Exhibit I is a copy of defendant’s web page offering a glass
pipe (ASIN No. B07GT6GVYW) for sale and fulfilled by Amazon (hereinafter “Product
#6”).
19. Attached hereto as Exhibit J is a copy of defendant’s web page offering a glass
pipe (ASIN No. B07GT6CWL5) for sale and fulfilled by Amazon (hereinafter “Product
#7”).
20. Attached hereto as Exhibit K is a copy of defendant’s web page offering a glass
pipe (ASIN No. B07G4FFDCG) for sale and fulfilled by Amazon (hereinafter “Product
#8”).
21. Attached hereto as Exhibit L is a copy of defendant’s web page offering a glass
pipe (ASIN No. B07GT57W95) for sale and fulfilled by Amazon (hereinafter “Product
#9”).
22. Attached as Exhibit M are true pictures of Product No. 1. Plaintiff purchased and
received Product Nos. 1-9 from defendant via its AMAZON PRIME service, and then
inspected each of them. Except for the mouth stem and color, each of Products Nos. 1-9
“Accused Products”).
23. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-22 as if
24. Each of the Accused Products have each and every limitation of claim 1 of U.S.
Patent No. 9,968,127. First, each of the Accused Products has a “glass housing
-4-
Case 1:18-cv-11967 Document 1 Filed 09/18/18 Page 5 of 8
comprising a lower open end portion, an upper open end portion, and an inner portion” as
required by claim 1. Next, each of the Accused Products has a “mouthpiece comprising a
rear body portion centrally disposed within said lower end portion of said glass
housing...” The removable mouth stem of each of the Accused Products when engaged
with the rear body portion (by screwing it on) that is rotatably engaged with the lower
end of the glass housing of the Accused Products corresponds to the limitation of a
“mouthpiece comprising a rear body portion” as required by claim 1. Next, the rear body
portion of each of the Accused Products has a “rear surface and first and second air
passage ways extending inward from said rear surface.” Next, each of the Accused
Products have a “first rubber o-ring removably attached to said rear body portion” as
required by claim 1. Further, each of the Accused Products clearly operates such that
“said rear body portion of said mouthpiece being rotatably and sealably engaged with
said lower open end portion of said glass housing by said first rubber o-ring...” Next,
each of the Accused Products has “an auger comprising a first end portion engaged with
said rear body portion of said mouthpiece and a second end portion extending within said
inner portion of said housing to form a bowl area at said upper open end portion of said
glass housing...” Next, the “bowl area” of each of the Accused Products is clearly “bound
by said upper open end portion of said glass housing and said second end portion of said
auger.” Finally, rotation of the mouthpiece of each of the Accused Products “causes
rotation of said auger causing the smoking material within said glass housing to move
25. Defendant’s use, offer to sell, fulfill, sale, fulfillment, and/or shipment of the
Accused Product within the United States and its territories infringes claim 1 of U.S.
-5-
Case 1:18-cv-11967 Document 1 Filed 09/18/18 Page 6 of 8
26. There are no non-infringing substitutes for plaintiff’s product in the market.
27. As a result of defendant’s infringement of U.S. Patent No. 9,968,127, plaintiff has
28. As a result of defendant’s infringement of U.S. Patent No. 9,968,127, plaintiff has
29. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1-28 as if
30. The ornamental design of each of the Accused Products are highly similar if not
identical to the claimed design of U.S. Patent No. D761,487. A consumer would mistake
or confuse the design of each of the Accused Products with the claimed design of U.S.
31. Defendant’s use, offer for sale, offer to fulfill, sale, fulfillment, and/or shipment
of the Accused Product within the United States and its territories infringes U.S. Patent
32. There are no non-infringing substitutes for plaintiff’s glass pipe in the market.
-6-
Case 1:18-cv-11967 Document 1 Filed 09/18/18 Page 7 of 8
REQUESTED RELIEF
Plaintiff requests this Court to enter judgment in favor of it and against the
permanently enjoined from making, importing, using, offering for sale, selling, fulfilling,
and/or shipping the Accused Products or any other product that infringes U.S. Patent No.
9,968,127 and/or U.S. Patent No. D761,487 within the United States and its territories;
may be proved at trial, including plaintiff’s lost profits and in no event less than a
reasonable royalty;
damages equal to the profits realized by defendant from the sale and/or fulfillment of the
6. An Order that defendant ship all remaining products that infringe U.S.
Patent No. 9,968,127 and/or U.S. Patent No. D761,487 to plaintiff for destruction; and
-7-
Case 1:18-cv-11967 Document 1 Filed 09/18/18 Page 8 of 8
Respectfully submitted,
By its Attorney,
-8-
Case 1:18-cv-11967 Document 1-1 Filed 09/18/18 Page 1 of 1
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 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 by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(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)
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)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
1. Title of case (name of first party on each side only) Tyger Manufacturing LLC v. Amazon.com, Inc.
2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).
✔ I. 410, 441, 470, 535, 830*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.
II. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,
740, 790, 820*, 840*, 850, 870, 871.
III. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385,
400,422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896,
950.
3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.
4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES NO ✔
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
§2403)
YES NO ✔
If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES NO
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?
YES NO ✔
7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of
Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES NO
A. If yes, in which division do all of the non-governmental parties reside?
YES NO
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME Steven N. Fox, Esq.
ADDRESS P.O. Box 193, Sharon, MA 02067
TELEPHONE NO. 781-821-8920
(CategoryForm-201.wpd )
Case 1:18-cv-11967 Document 1-3 Filed 09/18/18 Page 1 of 11
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Twisty Glass grinder kit is a newly designed pipe for grinding herbs,it makes rolling obsolete. Marvel at the ease of using the Twisty grinder kit! Easily
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Product description
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Shape: Polygon
Weight:5.6oz
Size: 4.4x0.7x0.7inch
Material: Metal + Glass
Package includes:
1 x Screw
2 x Glass Tube
2 x Cleaning Tool
2 x O - Rings
2 x Rubber Cap
1 x Instructions
1 x Zipper Case
1 x Storage bag
Product details
Shipping Weight: 5.6 ounces (View shipping rates and policies)
ASIN: B07GT4RPXR
UPC: 699918701347
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Weight: 2 ounce
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Description:
Color:Rose Gold
Size: 4.4x0.7x0.7inch
Weight: 2 ounce
Capacity: 1.5 Grams
Product information
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Glass Grinder Set Round Shape for Herbs with Cleaning Price: $19.99
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• New designs, easy to clean. Simple. Affordable. Trash bags, by Amazon.
• Comes with a premium 2mm thick glass that is ready to give you a clean pull every time.
• No sticky, easy to use, each comes with an instruction.
• Easy to carry, with a zipper case and drawstring bag.
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Specification:
Shape: Polygon
Weight:5.6oz
Size: 4.4x0.7x0.7inch
Material: Metal + Glass
Package includes:
1 x Screw
2 x Glass Tube
2 x Cleaning Tool
2 x O - Rings
2 x Rubber Cap
1 x Instructions
1 x Zipper Case
1 x Storage bag
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Shipping Weight: 5.6 ounces (View shipping rates and policies)
ASIN: B07GT82TX7
UPC: 699900394526
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your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug
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Glass Grinder Tool for Dry Herb with Cleaning Accessories Price: $19.99
and Zipper Case (Black) by KIWAT
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• New designs, easy to clean.
• Comes with a premium 2mm thick glass that is ready to give you a clean pull every time.
• No sticky, easy to use, each comes with an instruction.
• Easy to carry, with a zipper case and drawstring bag.
Reuseable Stainless Steel
• We deliver our items in fastest possible way. Straw
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Specification:
Shape: Polygon
Weight:5.6oz
Size: 4.4x0.7x0.7inch
Material: Metal + Glass
Package includes:
1 x Screw
2 x Glass Tube
2 x Cleaning Tool
2 x O - Rings
2 x Rubber Cap
1 x Instructions
1 x Zipper Case
1 x Storage bag
Product details
Shipping Weight: 5.6 ounces (View shipping rates and policies)
ASIN: B07GT6GVYW
UPC: 699916031309
Average Customer Review: Be the first to review this item
Amazon Best Sellers Rank: #216,253 in Health & Household (See Top 100 in Health & Household)
#25 in Health & Household > House Supplies > Tobacco-Related Products > Tobacco Pipes & Accessories > Pipe Stands
Important information
Legal Disclaimer
Statements regarding dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health
condition.
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Disclaimer: While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more
and/or different information than that shown on our Web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions
before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute
for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact
your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug
Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Amazon.com assumes no liability for inaccuracies or misstatements about products.
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Health & Personal Care Household Supplies Vitamins & Diet Supplements Baby & Child Care Health Care Sports Nutrition Sexual Wellness Health & Wellness
Glass Grinder Set Round Shape for Herbs with Cleaning Price: $19.99
Accessories and Zipper Case (Gold) by NAPOC
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About the product
• New designs, easy to clean.
• Comes with a premium 2mm thick glass that is ready to give you a clean pull every time.
• No sticky, easy to use, each comes with an instruction.
• Easy to carry, with a zipper case and drawstring bag.
New Eco-Friendly Steel
• We deliver our items in fastest possible way. Straws & Cleaner Brush
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Have a question?
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Product description
Specification:
Shape: Polygon
Weight:5.6oz
Size: 4.4x0.7x0.7inch
Material: Metal + Glass
Package includes:
1 x Screw
2 x Glass Tube
2 x Cleaning Tool
2 x O - Rings
2 x Rubber Cap
1 x Instructions
1 x Zipper Case
1 x Storage bag
Product details
Shipping Weight: 5.6 ounces (View shipping rates and policies)
ASIN: B07GT6CWL5
UPC: 699908929072
Average Customer Review: Be the first to review this item
Amazon Best Sellers Rank: #156,238 in Health & Household (See Top 100 in Health & Household)
#13 in Health & Household > House Supplies > Tobacco-Related Products > Tobacco Pipes & Accessories > Pipe Stands
Important information
Legal Disclaimer
Statements regarding dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health
condition.
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Disclaimer: While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more
and/or different information than that shown on our Web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions
before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute
for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact
your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug
Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Amazon.com assumes no liability for inaccuracies or misstatements about products.
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Weight: 2 ounce
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Product information
Item Weight 5.4 ounces Product Warranty: For warranty information about this product, please click
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Amazon Photos Prime Video Direct Shopbop TenMarks.com Amazon Warehouse Whole Foods Market Withoutabox
Unlimited Photo Storage Video Distribution Designer Math Activities Great Deals on America’s Healthiest Submit to
Free With Prime Made Easy Fashion Brands for Kids & Schools Quality Used Products Grocery Store Film Festivals
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Health & Personal Care Household Supplies Vitamins & Diet Supplements Baby & Child Care Health Care Sports Nutrition Sexual Wellness Health & Wellness
Grinder Tool Set Round Shape for Herbs with Cleaning Price: $19.99
Accessories and Zipper Case (Rainbow) by EAORE
FREE Delivery by Sunday
Be the first to review this item if you order within 2 hrs 25 mins. Details
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About the product
• New designs, easy to clean. Simple. Affordable. Trash bags, by Amazon.
• Comes with a premium 2mm thick glass that is ready to give you a clean pull every time.
• No sticky, easy to use, each comes with an instruction.
• Easy to carry, with a zipper case and drawstring bag.
• We deliver our items in fastest possible way. Unscented, Clean Fresh Lawn and Multipurpose
Tall Kitchen Scent, Tall Leaf Drawstring,
Drawstring, Kitchen Drawstring, 30 Gallon, 50
Report incorrect product information 90 Count Drawstring, 40 Count Count
$11.39 80 Count $12.49 $10.99
Sponsored products related to this item $12.25
(What's this?)
30 Pack Display
Colors Beamer
Airtight WaterP
Proof Storage C
1
$11.99
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Case 1:18-cv-11967 Document 1-14 Filed 09/18/18 Page 3 of 5
Have a question?
Find answers in product info, Q&As, reviews
Product description
Specification:
Shape: Polygon
Weight:5.6oz
Size: 4.4x0.7x0.7inch
Material: Metal + Glass
Package includes:
1 x Screw
2 x Glass Tube
2 x Cleaning Tool
2 x O - Rings
2 x Rubber Cap
1 x Instructions
1 x Zipper Case
1 x Storage bag
Product details
Shipping Weight: 5.6 ounces (View shipping rates and policies)
ASIN: B07GT57W95
UPC: 699957062751
Average Customer Review: Be the first to review this item
Important information
Legal Disclaimer
Statements regarding dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health
condition.
Saberlight 2 Pack -
Rechargeable Flameless
Plasma Beam Lighter -
Electric Lighter -...
524
$18.95
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This item: Grinder Tool Set Round Shape for Herbs with Cleaning Accessories and Zipper Case (Rainbow)
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