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COMPLAINT FOR PATENT INFRINGEMENT, UNFAIR COMPETITION, BREACH OF CONTRACT, OPEN ACCOUNTS, ACCOUNTS STATED, AND UNJUST ENRICHEMENT
PAGE 1 Phillip Geurts, SBN 231320  phil@mgcalaw.com Geurts Law Firm 18100 Von Karman Suite 850 Irvine, CA 92612 Telephone: 714-307-9192 Facsimile: 949-861-6155
 Attorney for Plaintiffs
 PBLX, Inc., GForce Corporation, and Daneen Solomon
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
PBLX, INC., GFORCE CORPORATION, and DANEEN SOLOMON, Plaintiffs, v. DICKS SPORTING GOODS, INC, an entity Defendants. Civil Action No.:
COMPLAINT FOR PATENT INFRINGEMENT, UNFAIR COMPETITION, BREACH OF CONTRACT, OPEN ACCOUNTS, ACCOUNTS STATED, AND UNJUST ENRICHMENT DEMAND FOR JURY TRIAL
COMPLAINT
Plaintiffs PBLX, INC., an entity
(“
Plaintiff PBLX
”)
, GForce Corporation, a Nevada
corporation (“Plaintiff GForce”),
and Daneen
Solomon, an individual (“Plaintiff Solomon”) (and collectively “
Plaintiffs
”)
, complaining of the actions of DICKS SPORTING GOODS, INC., an entity
(“
Defendant Dicks
”), allege as follows:
 
NATURE THIS ACTION
1.
 
This is an action for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code. This is also an action for unfair or deceptive acts or practices, breach of contract, damages on open account and account stated, and unjust enrichment under the laws of the State of California.
Case 8:19-cv-00922 Document 1 Filed 05/15/19 Page 1 of 252 Page ID #:1
 
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COMPLAINT FOR PATENT INFRINGEMENT, UNFAIR COMPETITION, BREACH OF CONTRACT, OPEN ACCOUNTS, ACCOUNTS STATED, AND UNJUST ENRICHEMENT
PAGE 2 2.
 
Plaintiffs bring this suit against Defendant Dicks for purposes of protecting and enforcing the respective rights of the Plaintiffs under United States Patent No. 7,244,237 B2
(“
237 Patent
”) and United States Patent No.
 
D830,569 S (“
569 Patent
”)
 (collectively
Patents
”)
. Plaintiffs allege that Defendant Dicks has willfully infringed and is infringing upon
Plaintiffs’ respective
rights by manufacturing, distributing, and/or selling certain products (the
Infringing Products
”)
incorporating one or more of the claims of the 237 Patent and/or 569 Patent. 3.
 
Plaintiffs seek to enjoin permanently Defendant Dick’s further sale of the
Infringing Products and to recover compensatory damages, treble damages or punitive damages, and attorney fees pursuant to 35 U.S.C. §§ 271, 281, 283-285. 4.
 
Plaintiffs further seek remedies under California state law for recovery for unfair competition and/or deceptive trade practices pursuant to Cal. Bus. & Prof. Code § 17200 et seq. 5.
 
Plaintiff PBLX also seeks to recover damages on claims of breach of contract, open account, account stated, and unjust enrichment for moneys due arising out of the failure of Defendant Dicks to pay for goods ordered, delivered, and accepted.
THE PARTIES
6.
 
At all times relevant hereto, Plaintiff PBLX was, and is, a California corporation with its principal place of business at 1144 N. Grove Street, Anaheim, CA. 7.
 
At all times relevant hereto, Plaintiff GForce was, and is, a Nevada corporation, authorized to do business in California, with business offices located at 1144 N. Grove Street, Anaheim, CA. 8.
 
At all times relevant hereto, Plaintiff Daneen Solomon was, and is, an individual and owner of the 569 Patent, which is licensed exclusively to Plaintiff PBLX. 9.
 
Plaintiffs are informed and believe, and thereon allege, Defendant Dicks is an entity incorporated under the laws of an unknown state of the United States and having various  places of business, including retail stores, in this Central District of California.
JURISDICTION AND VENUE
10.
 
The Court has original jurisdiction over the subject matter of this action pursuant
Case 8:19-cv-00922 Document 1 Filed 05/15/19 Page 2 of 252 Page ID #:2
 
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COMPLAINT FOR PATENT INFRINGEMENT, UNFAIR COMPETITION, BREACH OF CONTRACT, OPEN ACCOUNTS, ACCOUNTS STATED, AND UNJUST ENRICHEMENT
PAGE 3 to 28 U.S.C. §§ 1331 (federal question) and 1338(a) (action arising under An Act of Congress relating to patents). 11.
 
Under 28 U.S.C. § 1367(a), this Court has supplemental subject matter  jurisdiction over the pendent state law claims because these claims are so related to
Plaintiffs’
claims under federal law that they form part of the same case or controversy. 12.
 
Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391 and 1400(b)  because, on information and belief, and thereon alleged, Defendant Dicks operates at least 10 retail stores physically located in the Central District of California. On information and belief, and thereon alleged, Defendant Dicks conducts its regular, established business at these locations. These Dicks outlets provide the Infringing Products to customers in this District. Defendant Dicks lists these Dicks stores on its website and holds them out as places where customers can obtain the Infringing Products. On information and belief, and thereon alleged, these Dicks stores are staffed by persons who are employees, representatives, or agents, or otherwise are subject to administration by representatives, of Defendant Dicks, and many of said staff persons live in the Central District of California. 13.
 
This Court has general and/or specific personal jurisdiction over Defendant Dicks, and venue is proper, in part because Defendant Dicks, directly and/or in combination with its subsidiaries and/or through its representatives and agents, does continuous and systematic  business in this District, including by providing the Infringing Products to residents of the Central District of California, by providing the Infringing Products that it knew or had understanding would be used in this District, by placing the Infringing Products in the stream of commerce in this District, and/or by participating in the solicitation of business from residents of this District.
FACTUAL BACKGROUND
14.
 
Plaintiff PBLX has built its sports equipment business based on protected technology. Like other companies in the sports equipment industry, Plaintiff PBLX secures its own patents and also licenses the patented technologies of others, including the patents of Plaintiffs Smith and Solomon.
Case 8:19-cv-00922 Document 1 Filed 05/15/19 Page 3 of 252 Page ID #:3

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