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JJ IMPORTS, LLC,
Hon.
Plaintiff
v. Civil No.
Defendants.
COMPLAINT
This dispute centers on two design patents that Defendants fraudulently obtained
by deliberately withholding material information from the USPTO, namely, that the subject
designs are directed to Samsung, Whirlpool, and/or Kenmore brand replacement water filters.
Even though Defendants’ design patents were fraudulently obtained, and Plaintiff had been
selling its replacement water filters for years before Defendants even filed the subject patent
baseless allegations of infringement against Plaintiff. These actions are consistent with the
hijacking of Samsung, Whirlpool, and Kenmore brand water filter model numbers/model
designations and, upon information and belief, hijacking Plaintiff’s own trademark in Canada.
Case 2:19-cv-16248 Document 1 Filed 08/01/19 Page 2 of 29 PageID: 2
against Qingdao Ecopure Filter Co., Ltd., HongKong Ecoaqua Co., and Ecolife Technologies,
Inc. (collectively, “Defendants”) to seek relief from Defendants’ bad-faith use of United States
The Parties
of business at 319 E 54 Street, Elmwood Park, New Jersey 07407. Plaintiff imports and sells
products, including replacement water filters for certain models of refrigerators, including for
Samsung, Whirlpool, and Kenmore brand refrigerators, throughout the United States. JJ Imports
has been selling its “PURELINE” and “Clear Drop” water filters since 2015.
(“Ecopure”) has its principal place of business and headquarters at No. 13, Yishengbai Road,
Environmental Protection Industrial Zone, Jimo, Quingdao, China. Ecopure has obtained a
number of patents related to refrigerator replacement water filters, including replacement water
filters for Samsung, Whirlpool, and Kenmore brand refrigerators. Upon information and belief,
Ecopure manufactures, distributes, exports, and sells refrigerator water filters, including
replacement water filters for Samsung, Whirlpool, and Kenmore brand refrigerators.
(“Ecoaqua”) has its principal place of business and headquarters at Hong Kong Rm 2105
JQD2732 Trend Centre, 29-31 Cheng Lee St. Wan Chai, Hong Kong, China. Upon information
and belief, Ecoaqua exports, imports, and sells refrigerator replacement water filters, including
replacement water filters for Samsung, Whirlpool, and Kenmore brand refrigerators, in the
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United States under the brand names “AquaCrest,” “Waterdrop,” “MaxBlue,” “Filter Logic,”
a California corporation with a principal place of business at 17910 Ajax Circle, City of Industry,
California 91748. Upon information and belief, Ecolife Inc. is an Ecoaqua distributor for the
import and sale of Ecoaqua’s refrigerator replacement water filters in the United States,
including replacement water filters for Samsung, Whirlpool, and Kenmore brand refrigerators.
6. Upon information and belief, Defendants and/or their attorney, Mr. Joe
McKinney Muncy, committed fraud on the patent office in filing U.S. patent applications for
7. Upon information and belief, Defendants and/or their attorney, Mr. Joe
McKinney Muncy, committed fraud in filing U.S. trademark applications for Samsung,
Whirlpool, and/or Kenmore brand replacement water filter model numbers/model designations.
infringement against the Plaintiff based upon intellectual property rights that they knew or
products have been removed from online marketplaces, resulting in a loss of customers and sales,
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10. This is an action seeking a declaratory judgment that Ecopure’s patents are
invalid and not infringed by Plaintiff. Plaintiff’s claims arise under the patent laws of the United
States, 35 U.S.C. Section 101, et seq. and the Declaratory Judgment Act, 28 U.S.C. Sections
11. This action further seeks to remedy the harm caused by Defendants’
actions in unfairly competing with Plaintiff in violation of the common law, the Lanham Act, 15
U.S.C. Section 1125, and the New Jersey Fair Trade Act, N.J.S.A. 56:4-1 et seq., through bad-
faith enforcement of patents they know to be invalid and making false accusations of
infringement by Plaintiff that resulted in a loss of customers and sales, dilution of goodwill, and
12. This Court has subject matter jurisdiction under 28 U.S.C. Sections 1331,
13. This Court has personal jurisdiction over Ecopure and Ecoaqua under
Federal Rules of Civil Procedure, including Rule 4(k)(2) which contemplates a foreign entity’s
contacts with the entire United States. For example, Ecopure applied for and obtained U.S.
patents that form the basis of this lawsuit. Ecopure and Ecoaqua also market and sell
replacement water filtration products to customers located in the United States, including in New
Jersey.
14. This Court has personal jurisdiction over Ecolife Inc. because Ecolife Inc.
markets and sells competing water filtration products to customers located in the United States,
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1391(b)(3).
17. Plaintiff sells PURELINE and Clear Drop water filtration products for
refrigerators, among other things. Once installed, Plaintiff’s replacement filters remove
pesticides, herbicides, lead, mercury, and chromium from the water that passes through them,
certifications from the Water Quality Association, the National Science Foundation, and the
19. Plaintiff’s replacement water filters come in several models and are
Whirlpool’s model number 4396508, EDR5RXD1, W10186668, NLC240V, and WF285 filters
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22. The PL-600 model design has not changed since 2012.
DA29-00020B filters.
24. The PL-200, PL-600, and CD-200 models are available for sale in
25. Plaintiff sells its PL-200 and PL-600 water filtration products, among
26. Since 2015, Plaintiff also has sold its PL-200 and PL-600 water filtration
products on Amazon.
27. Plaintiff has sold its CD-200 water filer products on Amazon since
December 2018.
29. Plaintiff sells the vast majority of its PL-200, PL-600, and CD-200
30. On October 23, 2018, the United States Patent and Trademark Office (the
“USPTO”) issued U.S. Patent No. US D831,786 S (the “D’786 Patent”), entitled “FILTER
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31. The D’786 Patent lists Zhibin Zou as the inventor and Ecopure as the
assignee.
32. The D’786 Patent is directed to replacement water filters for Whirlpool’s
model number 4396508, EDR5RXD1, W10186668, NLC240V, and WF285 and Kenmore’s
33. On April 9, 2019, the USPTO issued U.S. Patent No. US D845,434 S (the
“D’434 Patent”), entitled “FILTER UNIT.” A copy of the D’434 Patent is attached as Exhibit
B.
34. The D’434 Patent lists Zhibin Zou as the inventor and Ecopure as the
assignee.
35. The D’434 Patent is directed to replacement water filters for Whirlpool’s
model number 4396508, EDR5RXD1, W10186668, NLC240V and WF285 and Kenmore’s
36. Ecolife filed U.S. trademark application Serial Nos. 87684066, 87684059,
87684056, 87684051 and 87684048 for the marks DA29-00020B, DA29-00020, DA29-00003B,
DA29-00003G, and DA29, respectively, for air filtering installations and water filters. At the
time Ecolife filed such applications, Ecolife declared, after being warned that willful false
statements and the like are punishable by fine or imprisonment, “. . . that the applicant is the
owner of the trademark/service mark sought to be registered”; “that the applicant is entitled to
use the mark in commerce;” and that “to the best of its knowledge and belief . . . no other
persons have the right to use the mark in commerce, either in the identical form or in such near
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resemblance as to be likely, when used on or in connection with the goods/services of such other
39. Ecolife filed U.S. trademark application Serial Nos. 87677872 and
87677869 for the marks 4396508 and 4396510, respectively, for air filtering installations and
water filters. At the time Ecolife filed such applications, Ecolife declared under after being
warned that willful false statements and the like are punishable by fine or imprisonment, . . . that
the applicant is the owner of the trademark/service mark sought to be registered; that the
applicant is entitled to use the mark in commerce; and that to the best of its knowledge and belief
. . . no other persons have the right to use the mark in commerce, either in the identical form or in
such near resemblance as to be likely, when used on or in connection with the goods/services of
42. Plaintiff has been selling its PURELINE products since 2014, and in
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43. Amazon Prime Day is Amazon’s largest, global shopping event exclusive
to Amazon Prime subscribers. The two-day event offers significant discounts to subscribers,
similar to Black Friday or Cyber Monday. Sellers, like Plaintiff, stand to make a high volume of
44. On July 14, 2019, only one day before Amazon Prime Day, Plaintiff
complaints to Amazon.
alleging that Plaintiff’s PL-200 and CD-200 filters infringed on the D’786 patent and that
Amazon that Amazon removed product listings for Plaintiff’s PL-200, PL-600, and CD-200
filters because “a rights owner . . . believes that the [products] . . . infringe their patent . . . .”
July 11 and July 25, 2019, Amazon customers have been unable to view or purchase Plaintiff’s
48. Upon information and belief, Defendants’ complaints to Amazon were the
latest in Defendants’ pattern or practice of filing baseless intellectual property complaints against
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$10,000.00 per day of PL-200 filters, in excess of $400.00 per day of PL-600 filters, and of
50. Before Amazon took down Plaintiff’s sales listings for PL-200 filters as a
result of Defendants’ complaints, Plaintiff held the “Best Seller” designation on Amazon for
those filters. Plaintiff’s average customer rating for those products was 4.6 out of 5 stars.
51. In addition to the immediate stop to all PL-200, PL-600, and CD-200
sales, the takedowns caused irreparable damage to the market presence, reputation, and goodwill
product hierarchy—or the order in which products appear after an Amazon customer inputs
search terms—and which sellers receive the coveted “Best Seller” designation.
53. One factor upon which the algorithm depends is sales-related: sales
history, quantity of sales, and sales velocity. As sales history grows and quantity and velocity of
sales for a product increase, the likelihood of that product gaining a higher spot in Amazon’s
reviews and ratings. The greater the number of positive customer ratings or reviews a product
receives, the higher that product is likely to appear on Amazon’s product hierarchy.
55. Since Amazon took down listings for Plaintiff’s PL-200, PL-600, and CD-
200 filters, Plaintiff has not sold any of those water filtration products on Amazon.
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56. Each day that Plaintiff’s PL-200, PL-600, and CD-200 filters are
57. Each day that Plaintiff’s PL-200, PL-600, and CD-200 filters do not
appear on Amazon, Plaintiff loses the opportunity to increase the products’ sales history,
quantity, and velocity, and also loses the opportunity to receive customer ratings and reviews
58. Plaintiff cannot regain these lost opportunities—all of which damage the
PL-200, PL-600, and CD-200’s market presence, reputation, and goodwill on Amazon. The only
way to stop this harm is to immediately reinstate the PL-200, PL-600, and CD-200 product
listings.
59. In addition, the takedown notices from Amazon inform Plaintiff that, if
Amazon “receive[s] more complaints about [Plaintiff’s] listing, [Amazon] may not allow
the validity, enforceability, and/or scope of the D’786 and D’434 patents, and Plaintiff’s alleged
infringement of those patents, as made clear by the multiple complaints Defendants have
submitted to Amazon.
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61. Plaintiff repeats the allegations set forth in paragraphs 1 through 60.
62. Defendants have charged Plaintiff with infringement of the D’786 Patent.
63. Plaintiff has not infringed any valid claim of the D’786 Patent.
64. Unless Plaintiff is found to have not infringed the D’786 Patent,
Defendants will continue to harass Plaintiff in the sale of Plaintiff’s water filtration products.
continue to cause, Plaintiff irreparable harm for which there is no adequate remedy at law,
including, without limitation, damage to the hierarchy assigned to Plaintiff’s water filtration
products on Amazon and to Plaintiff’s ratings as a seller of water filtration products on Amazon,
as noted in takedown notices Plaintiff received from Amazon, that Plaintiff will be precluded
68. Plaintiff repeats the allegations set forth in paragraphs 1 through 67.
69. Defendants have charged Plaintiff with infringement of the D’786 Patent.
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70. The D’786 Patent is invalid under 35 U.S.C. Sections 102, 103, and/or
112.
continue to cause, Plaintiff irreparable harm for which there is no adequate remedy at law,
including, without limitation, damage to the hierarchy assigned to Plaintiff’s water filtration
products on Amazon and to Plaintiff’s ratings as a seller of water filtration products on Amazon,
as noted in takedown notices Plaintiff received from Amazon, that Plaintiff will be precluded
75. Plaintiff repeats the allegations set forth in paragraphs 1 through 74.
76. Defendants have charged Plaintiff with infringement of the D’434 Patent.
77. Plaintiff has not infringed any valid claim of the D’434 Patent.
78. Unless Plaintiff is found to have not infringed the D’434 Patent,
Defendants will continue to harass Plaintiff in the sale of Plaintiff’s water filtration products.
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continue to cause, Plaintiff irreparable harm for which there is no adequate remedy at law,
including, without limitation, damage to the hierarchy assigned to Plaintiff’s water filtration
products on Amazon and to Plaintiff’s ratings as a seller of water filtration products on Amazon,
as noted in takedown notices Plaintiff received from Amazon, that Plaintiff will be precluded
82. Plaintiff repeats the allegations set forth in paragraphs 1 through 81.
83. Defendants have charged Plaintiff with infringement of the D’434 Patent.
84. The D’434 Patent is invalid under 35 U.S.C. Sections 102, 103, and/or
112.
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continue to cause, Plaintiff irreparable harm for which there is no adequate remedy at law,
including, without limitation, damage to the hierarchy assigned to Plaintiff’s water filtration
products on Amazon and to Plaintiff’s ratings as a seller of water filtration products on Amazon,
as noted in takedown notices Plaintiff received from Amazon, that Plaintiff will be precluded
89. Plaintiff repeats the allegations set forth in paragraphs 1 through 88.
90. Mr. Joe McKinney Muncy, who prosecuted the D’786 Patent, failed to
comply with his absolute duty of candor and good faith under 37 C.F.R. § 1.56 by his knowing
and deliberate failure to disclose Samsung model numbers DA29-00020A and DA29-00020B
water filters (the “Samsung Prior Art”) to the USPTO during prosecution of the D’786 Patent.
The Samsung Prior Art was described in a printed publication, or in public use, on sale, or
otherwise available to the public before the effective filing date of the D’786 Patent.
91. Mr. Muncy filed trademark applications for AQUACREST, ECO AQU,
DA29-00003B, DA29-00003G, DA29, and ECOLIFE on behalf of Ecolife with the USPTO.
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94. Mr. Muncy had personal knowledge of the Samsung Prior Art during the
pendency of the D’786 Patent at least from the specimen of use he filed on April 24, 2018 in the
AquaCrest replacement water filter, which states that the product is a “Water Filter Replacement
[f]or Samsung DA29-00020B, DA29-00020A, DA2900020A.” The listing depicts the claimed
95. Mr. Muncy had personal knowledge of the Samsung Prior Art during the
pendency of the D’786 Patent at least from the specimen of use he filed on April 23, 2018 in the
which identifies itself as a replacement filter for Samsung DA29-00020B filters. The picture
depicts the claimed design of the D’786 Patent. A copy of the specimen is attached as Exhibit
D.
96. Mr. Muncy had personal knowledge of the Samsung Prior Art during the
pendency of the D’786 Patent at least from the specimen of use he filed on May 4, 2018 in the
filter, which identifies itself as a replacement filter for Samsung DA29-00020B filters. The
picture depicts the claimed design of the D’786 Patent. A copy of the specimen is attached as
Exhibit E.
97. Upon information and belief, Mr. Muncy had personal knowledge of the
Samsung Prior Art during the pendency of the D’786 Patent at least from the website
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www.water-filter.com, which depicted Defendants’ Waterdrop filter adjacent the Samsung Prior
Art. A screenshot of the website was submitted as part of a specimen of use by Mr. Muncy in
the ECOLIFE trademark application. The Waterdrop filter depicted in the screenshot embodies
the claimed design of the D’786 Patent. A copy of the specimen is attached as Exhibit F.
98. Upon information and belief, Mr. Muncy’s personal knowledge of the
Samsung Prior Art during the pendency of the D’786 Patent led to his filing of express
trademark applications after each application had been determined to be entitled to registration
by the USPTO.
99. The Samsung Prior Art teaches and/or suggests the claimed design of the
D’786 Patent, so the Samsung Prior Art was material to the patentability of the D’786 Patent.
100. Upon information and belief, Mr. Muncy withheld the Samsung Prior Art
from the USPTO with the specific intent to deceive the USPTO.
101. But for the failure to disclose the Samsung Prior Art, the USPTO would
102. Second, Mr. Zhibin Zou, the inventor of the D’786 Patent, failed to
comply with his absolute duty of candor and good faith under 37 C.F.R. § 1.56 by his knowing
and deliberate failure to disclose to the USPTO the Samsung Prior Art during prosecution of the
D’786 Patent.
103. Upon information and belief, Mr. Zou was aware of the Samsung Prior Art
as the inventor of a replacement water filter for the Samsung Prior Art. Mr. Zou had personal
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knowledge of the Samsung Prior Art, and the overlap in subject matter between the Samsung
Prior Art and D’786 Patent, during the pendency of the D’786 Patent.
104. Upon information and belief, Mr. Zou withheld the Samsung Prior Art
from the USPTO with the specific intent to deceive the USPTO.
105. But for the failure to disclose the Samsung Prior Art, the USPTO would
106. Third, Mr. Zhibin Zou, the inventor of the D’786 Patent, failed to comply
with his absolute duty of candor and good faith under 37 C.F.R. § 1.56 by his knowing and
deliberate failure to disclose to the USPTO Chinese Design Registration No. 302416364 (the
“’364 Design Registration”), Chinese Utility Model No. 203620382U (the “’382 Utility Model”),
and products embodied by the ’364 Design Registration and ’382 Utility Model (collectively, the
“D’786 Chinese Prior Art”) during prosecution of the D’786 Patent. A copy of the ’364 Design
Registration is attached as Exhibit G, and a copy of the ’382 Utility Model is attached as
Exhibit H.
107. The D’786 Chinese Prior Art is owned, manufactured, and/or sold by
Tianjin Yunda Industry And Trade Co., Ltd. (“Yunda”). Yunda manufactures Plaintiff’s PL-200
and PL-600 filters, which compete directly with the filters manufactured, imported, and/or sold
by Defendants.
108. Upon information and belief, Mr. Zou was aware of the D’786 Chinese
Prior Art because Best Pure is a direct competitor of Mr. Zou’s employer, Ecopure. Mr. Zou had
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personal knowledge of the D’786 Chinese Prior Art, and the overlap in subject matter between
the D’786 Chinese Prior Art and D’786 Patent, during the pendency of the D’786 Patent.
109. Upon information and belief, Mr. Zou withheld the D’786 Chinese Prior
Art from the USPTO with the specific intent to deceive the USPTO.
110. But for the failure to disclose the D’786 Chinese Prior Art, the USPTO
111. Plaintiff repeats the allegations set forth in paragraphs 1 through 110.
112. Mr. Joe McKinney Muncy, who prosecuted the D’434 Patent, failed to
comply with his absolute duty of candor and good faith under 37 C.F.R. § 1.56 by his knowing
and deliberate failure to disclose Whirlpool/Kenmore model numbers 4396508 and 4396510
water filters (the “Whirlpool Prior Art”) to the USPTO during prosecution of the D’434 Patent.
The Whirlpool Prior Art was described in a printed publication, or in public use, on sale, or
otherwise available to the public before the effective filing date of the D’434 Patent.
113. Mr. Muncy filed trademark applications for 4396508 and 4396510 on
115. Upon information and belief, Mr. Muncy had personal knowledge of the
Whirlpool Prior Art during the pendency of the D’434 Patent that led to his filing of express
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abandonments of the 4396508 and 4396510 trademark applications after each application had
116. The Whirlpool Prior Art teaches and/or suggests the claimed design of the
D’434 Patent, so the Whirlpool Prior Art was material to the patentability of the D’434 Patent.
117. Upon information and belief, Mr. Muncy withheld the Whirlpool Prior Art
from the USPTO with the specific intent to deceive the USPTO.
118. But for the failure to disclose the Whirlpool Prior Art, the USPTO would
119. Second, Mr. Zhibin Zou, the inventor of the D’434 Patent, failed to
comply with his absolute duty of candor and good faith under 37 C.F.R. § 1.56 by his knowing
and deliberate failure to disclose the Whirlpool Prior Art to the USPTO during prosecution of the
D’434 Patent.
120. Upon information and belief, Mr. Zou was aware of the Whirlpool Prior
Art as the inventor of a replacement water filter for the Whirlpool Prior Art. Mr. Zou had
personal knowledge of the Whirlpool Prior Art, and the overlap in subject matter between the
Whirlpool Prior Art and D’434 Patent, during the pendency of the D’786 Patent.
121. Upon information and belief, Mr. Zou withheld the Whirlpool Prior Art
from the USPTO with the specific intent to deceive the USPTO.
122. But for the failure to disclose the Whirlpool Prior Art, the USPTO would
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123. Third, Mr. Zhibin Zou, the inventor of the D’434 Patent, failed to comply
with his absolute duty of candor and good faith under 37 C.F.R. § 1.56 by his knowing and
deliberate failure to disclose to the USPTO Chinese Design Registration No. 302362774 (the
“’774 Design Registration”), Chinese Utility Model No. 203612985U (the “’985 Utility Model”),
and products embodied by the ’774 Design Registration and ’985 Utility Model (collectively, the
“D’434 Chinese Prior Art”) during prosecution of the D’434 Patent. A copy of the ’774 Design
Registration is attached as Exhibit I, and a copy of the ’985 Utility Model is attached as Exhibit
J.
124. The D’434 Chinese Prior Art is owned, manufactured, and/or sold by
Yunda. Yunda manufactures Plaintiff’s PL-200 and PL-600 filters, which compete directly with
125. Upon information and belief, Mr. Zou was aware of the D’434 Chinese
Prior Art because Best Pure is a direct competitor of Mr. Zou’s employer, Ecopure. Mr. Zou had
personal knowledge of the D’434 Chinese Prior Art, and the overlap in subject matter between
the D’434 Chinese Prior Art and D’786 Patent, during the pendency of the D’434 Patent.
126. Upon information and belief, Mr. Zou withheld the D’434 Chinese Prior
Art from the USPTO with the specific intent to deceive the USPTO.
127. But for the failure to disclose the D’434 Chinese Prior Art, the USPTO
128. Plaintiff repeats the allegations set forth in paragraphs 1 through 127.
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129. Defendants have made statements to, without limitation, Amazon that
have been on sale prior to the earliest effective filing date of the D’786 patent.
and CD-200 products in bad faith because Defendants had actual knowledge that prior art
invalidates the claimed design of the D’786 Patent and/or that Plaintiff’s products do not infringe
the D’786 Patent. Defendants made these statements with the intent to injure Plaintiff’s
business.
132. With full knowledge of the invalidating prior art and/or that Plaintiff’s
products do not infringe the D’786 Patent, Defendants have asserted the D’786 Patent against
Plaintiff in a bad-faith attempt to exclude competitive products, including, without limitation, the
PL-200 and CD-200, that Defendants are not legally entitled to exclude.
and CD-200 products infringe the D’786 Patent, Amazon has taken down listings for Plaintiff’s
PL-200 and CD-200 water filtration products, resulting in diversion of Plaintiff’s customers to
134. Defendants have made statements to, without limitation, Amazon, that
have been on sale prior to the earliest effective filing date of the D’434 patent.
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products in bad faith because Defendants had actual knowledge that prior art invalidates the
D’434 Patent and/or that Plaintiff’s products do not infringe the D’434 Patent. Defendants made
137. With full knowledge of the invalidating prior art and/or that Plaintiff’s
products do not infringe the D’434 Patent, Defendants have asserted the D’434 Patent against
Plaintiff in a bad-faith attempt to exclude competitive products, including, without limitation, the
products infringe the D’434 Patent, Amazon has taken down listings for Plaintiff’s PL-600 water
competitors.
designed to affect United States commerce, including commerce in New Jersey, in violation of
140. Defendants’ actions alleged here have injured Plaintiff in the marketplace,
including, without limitation, damage to Plaintiff’s goodwill, loss of customers, and lost sales of
141. Plaintiff repeats the allegations set forth in paragraphs 1 through 140.
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142. Defendants have made statements to, without limitation, Amazon that
have been on sale prior to the earliest effective filing date of the D’786 patent.
and CD-200 products in bad faith because Defendants had actual knowledge of the Samsung
Prior Art that invalidates the D’786 Patent. Defendants made these statements with the intent to
145. With full knowledge of the invalidating prior art and/or that Plaintiff’s
products do not infringe the D’786 Patent, Defendants have asserted the D’786 Patent against
Plaintiff in a bad-faith attempt to exclude competitive products, including, without limitation, the
PL-200 and CD-200, that Defendants are not legally entitled to exclude.
and CD-200 products infringe the D’786 Patent, Amazon has taken down listings for Plaintiff’s
PL-200 and CD-200 water filtration products, resulting in diversion of Plaintiff’s customers to
147. Defendants have made statements to, without limitation, Amazon, that
have been on sale prior to the earliest effective filing date of the D’434 patent.
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products in bad faith because Defendants had actual knowledge that the prior art invalidates the
D’434 Patent and/or that Plaintiff’s products do not infringe the D’434 Patent. Defendants made
150. With full knowledge of the invalidating prior art and/or that Plaintiff’s
products do not infringe the D’434 Patent, Defendants have asserted the D’434 Patent against
Plaintiff in a bad-faith attempt to exclude competitive products, including, without limitation, the
products infringe the D’434 Patent, Amazon has taken down listings for Plaintiff’s PL-600 water
competitors.
competition and unfair trade practice and interference with Plaintiff’s rights, in violation of the
153. Plaintiff repeats the allegations set forth in paragraphs 1 through 152.
capitalize on the goodwill of Plaintiff and has injured, and threatens to injure, Plaintiff by, among
other things, loss of customers, dilution of goodwill, and injury to Plaintiff’s reputation.
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156. Upon information and belief, Defendants’ conduct was and is willful and
intentional.
157. Specifically, as described above, Mr. Muncy and/or Mr. Zou knowingly
withheld the Samsung Prior Art from the USPTO when applying for the D’786 Patent.
158. Also as described above, Mr. Muncy and/or Mr. Zou knowingly withheld
the Whirlpool Prior Art from the USPTO when applying for the D’434 Patent.
159. Notwithstanding Mr. Muncy and/or Mr. Zou’s knowledge that the D’786
and D’434 patents were procured as a result of inequitable conduct, and therefore are invalid,
Defendants have enforced, and continue to enforce, their purported D’786 and D’434 patent
have been on sale prior to the earliest effective filing date of the D’786 and/or D’434 patents.
been on sale prior to the earliest effective filing date of the D’786 and/or D’434 patents,
Defendants have enforced, and continue to enforce, their purported D’786 and D’434 patent
Defendants will continue to cause irreparable damage to Plaintiff, including damage to Plaintiff’s
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reputation and goodwill, in an amount that cannot now be determined. Plaintiff has no adequate
remedy at law.
Jury Demand
(1) a declaration that Plaintiff has not infringed the D’786 Patent;
(2) a declaration that Plaintiff has not infringed the D’434 Patent;
(3) a declaration that the D’786 Patent is void, invalid, and/or unenforceable;
(4) a declaration that the D’434 Patent is void, invalid, and/or unenforceable;
servants, employees, attorneys, subsidiaries, affiliates, and all those acting in concert with them,
from asserting the D’786 Patent and the D’434 Patent against Plaintiff;
(6) a finding that this is an exceptional case under 35 U.S.C. Section 285 and
awarding Plaintiff its costs and expenses, including attorneys’ fees, incurred in pursuing this
lawsuit;
- 27 -
Case 2:19-cv-16248 Document 1 Filed 08/01/19 Page 28 of 29 PageID: 28
- 28 -
Case 2:19-cv-16248 Document 1 Filed 08/01/19 Page 29 of 29 PageID: 29
I certify that, to the best of my knowledge, the matter in controversy is not the
subject of any other pending or anticipated litigation in any court or arbitration proceeding, nor
are there any non-parties known to plaintiffs that should be joined to this action. In addition, I
recognize a continuing obligation during the course of this litigation to file and to serve on all
other parties and with the Court an amended certification if there is a change in the facts stated in
s/Neil B. Friedman
Neil B. Friedman
s/Neil B. Friedman
Neil B. Friedman
- 29 -
090473.00000 Business 18679667v4
Case 2:19-cv-16248 Document 1-1 Filed 08/01/19 Page 1 of 9 PageID: 30
EXHIBIT A
Case 2:19-cv-16248 Document 1-1 Filed 08/01/19 Page 2 of 9 PageID: 31
USOOD831786S
(12 ) United States Design Patent ( 10) Patent No.: US D831 ,786 S
Zou (45) Date of Patent: * * Oct. 23 , 2018
(54) FILTER UNIT D760 , 868 S *
D764, 021 S
7 /2016 Lu ......
* 8/ 2016 Lu ..........
D23 /209
D23/209
(71 ) Applicant: Qingdao Ecopure Filter Co., Ltd , D770,011 S * 10 / 2016 Nelson . .... D23 /209
D773,608 S * 12 / 2016 Nelson . . . D23 /209
Qingdao , Shangdong Province (CN ) D774 ,623 S * 12 / 2016 Lu . . . .. . .. . .. . .. . D23 /209
D788, 879 S * 6 /2017 Zou .. D23 /209
(72) Inventor: Zhibin Zou , Qingdao (CN ) D792, 943
D794, 749
S
S
* 7 /2017 Zou ...........
* 8/ 2017 Zou
.. D23 / 209
... .. ... D23/209
(73 ) Assignee : QINGDAO ECOPURE FILTER CO ., D794 ,750 S * 8/ 2017 Zou ........................ BO1D 29 / 21
D23 /209
LTD ., Qingdao , Shangdong Province D794 ,751 S * 8 / 2017 Zou ... ... D23/ 209
(CN ) D795,995 S * 8 /2017 Zou ........................ BO1D 35 / 30
D23/209
(* * ) Term : 15 Years 9,868,081 B1 * 1/2018 Zhang ............... B01D 35 / 153
( 21) Appl. No.: 29 /600 ,746 * cited by examiner
(22 ) Filed : Apr. 14 , 2017 Primary Examiner — Robin V Webster
(51) LOC ( 11) CI. .... .................... ...... 23-01 (74 ) Attorney, Agent, or Firm — Muncy, Geissler, Olds &
(52) U .S . CI. Lowe, P . C .
USPC . . ... .. .. .. ... . . . .. . .. D23 /209
(58 ) Field of Classification Search (57) CLAIM
USPC .............. D23 /207 , 209 , 210 / 232 , 282, 493.2
CPC ... B01D 35 /30 ; B01D 35 / 153 ; B01D 29/ 111; The ornamental design for a filter unit , as shown and
CO2F 1/003; B29C 47 /682 described .
See application file for complete search history .
(56 ) References Cited DESCRIPTION
U .S . PATENT DOCUMENTS FIG . 1 is a Front elevational view of a filter unit showing my
new design;
D322 ,836 S * 12 / 1991 Petrucci .. · D23 / 209 FIG . 2 is a Rear elevational view thereof ;
D472 ,299 S * 3 /2003 Fritze ..................... BO1D 35 /30
D23/ 209 FIG . 3 is a Left side view thereof;
D494 ,654 S * 8 /2004 Macaulay D23 /209 FIG . 4 is a Right side view thereof;
D541, 371 S * 4 /2007 McKay .. D23 /209 FIG . 5 is a Top plan view thereof;
D547,821 S * 7 / 2007 Kennedy ...................... D23 /207 FIG . 6 is a Bottom plan view thereof; and ,
D599 ,880 S * 9 /2009 Rampen ....................... D23 /209 FIG . 7 is a Perspective view thereof .
D654,565 S * 2/ 2012 Kruckenberg .......... ..... D23/ 209 The broken lines in the drawing depict portions of the filter
D655 ,378 S * 3/2012 Kruckenberg . .. . . . .. . . .. D23/ 209
unit that form no part of the claimed design .
8 ,474 ,631 B2 * 7 /2013 Kocksch ............... B01D 29 /21
210 /450
D731 ,616 S * 6 /2015 Zou ..... D23 /209 1 Claim , 7 Drawing Sheets
13
Case 2:19-cv-16248 Document 1-1 Filed 08/01/19 Page 3 of 9 PageID: 32
Fig 1
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Case 2:19-cv-16248 Document 1-1 Filed 08/01/19 Page 4 of 9 PageID: 33
Fig 2
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Case 2:19-cv-16248 Document 1-1 Filed 08/01/19 Page 5 of 9 PageID: 34
Fig 3
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Case 2:19-cv-16248 Document 1-1 Filed 08/01/19 Page 6 of 9 PageID: 35
Fig 4
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Case 2:19-cv-16248 Document 1-1 Filed 08/01/19 Page 7 of 9 PageID: 36
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Case 2:19-cv-16248 Document 1-1 Filed 08/01/19 Page 8 of 9 PageID: 37
Fig . 6
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Case 2:19-cv-16248 Document 1-2 Filed 08/01/19 Page 1 of 9 PageID: 39
EXHIBIT B
Case 2:19-cv-16248 Document 1-2 Filed 08/01/19 Page 2 of 9 PageID: 40
USOOD8454345
(12 ) Zou
United States Design Patent ( 10) Patent No.: US D845 ,434 S
(45) Date of Patent : * * Apr. 9 , 2019
(54) FILTER UNIT D768,814
D773 ,607
S * 10 /2016 Dong
S * 12/2016 Lu
D23 /209
D23 /209
(71) Applicant: Qingdao Ecopure Filter Co., Ltd ., D776 ,237 S * 1 /2017 Dong D23 /207
D788, 880 S * 6 / 2017 Zou D23 /209
Jimo, Qingdao (CN ) D792 , 943 S * 7 / 2017 Zou D23 /209
D794 ,749 S * 8 /2017 Zou ...... D23 /209
(72) Inventor: Zhibin Zou , Qingdao (CN ) D820 ,948
D822 ,155
S * 6 /2018 An . . . . . . . . . . . . . . . . . . . . . . . . D23 / 209
S * 7 /2018 Zou .................... · D23 /209
(73) Assignee : QINGDAO ECOPURE FILTER CO ., 10 ,040, 009 B1 * 8/ 2018 Krause ............ ..... BO1D 35 / 143
D831 , 786 S * 10 / 2018 Zou ........................ B01D 35 /30
LTD ., Jimo, Qingdao (CN ) D23 / 209
D831, 788 S * 10 / 2018 Zou ........... ... D23 /209
(* * ) Term : 15 Years 10 ,099 ,162 B2 * 10 /2018 Prince ................... BO1D 35/ 30
(21) Appl. No.: 29 /625,493 * cited by examiner
(22 ) Filed : Nov . 9, 2017 Primary Examiner — Robin V Webster
(74 ) Attorney, Agent, or Firm — Muncy, Geissler, Olds &
(51) LOC (11) Ci. ............................................ 23 -01 Lowe, P.C .
(52 ) U . S . CI. (57 ) CLAIM
USPC . ... . .. ... ... .... D23 /209 The ornamental design for a filter unit , as shown and
(58) Field of Classification Search described .
USPC . ................... D23/ 200 , 207, 209 , 210 /497 . 01
CPC .... BO1D 35 /30 ; BO1D 35 / 153 ; B01D 35 / 306 ; DESCRIPTION
B01D 2201/30 ; B01D 2201/29 ; BO1D
24 / 10 ; B01D 36 /02 ; B01D 29 /035 ; B01D FIG . 1 is a Front elevational view of a filter unit showing my
29/0009 ; CO2F 1 / 002 ; CO2F 1 / 003 new design ;
See application file for complete search history . FIG . 2 is a Rear elevational view thereof;
FIG . 3 is a Left side view thereof;
(56 ) References Cited FIG . 4 is a Right side view thereof;
FIG . 5 is a Top plan view thereof, enlarged for clarity ;
U . S . PATENT DOCUMENTS FIG . 6 is a Bottom plan view thereof, enlarged for clarity ;
and ,
D472 ,604 S * 4 /2003 Fritze ................... ..... D23 /209 FIG . 7 is a top Perspective view thereof.
D541,371 S * 4 /2007 I McKay
n dy . . . . . . . . . . . . . . . D23/209 The broken lines in the drawing depict portions of the filter
D599 ,880 S * 9 /2009 Rampen D23 /209
D750, 738 S * 3 / 2016 Baird ...... D23 /209 unit that form no part of the claimed design.
D750 ,739 S * 3 /2016 Baird ............ D23 /209
D764 ,626 S * 8 /2016 Lu ............... D23 / 209 1 Claim , 7 Drawing Sheets
- - - - - - - - 1
M
.
Case 2:19-cv-16248 Document 1-2 Filed 08/01/19 Page 3 of 9 PageID: 41
YrEERSEE
FIG . 1
Case 2:19-cv-16248 Document 1-2 Filed 08/01/19 Page 4 of 9 PageID: 42
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Case 2:19-cv-16248 Document 1-2 Filed 08/01/19 Page 5 of 9 PageID: 43
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Case 2:19-cv-16248 Document 1-2 Filed 08/01/19 Page 6 of 9 PageID: 44
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Case 2:19-cv-16248 Document 1-2 Filed 08/01/19 Page 7 of 9 PageID: 45
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Case 2:19-cv-16248 Document 1-2 Filed 08/01/19 Page 8 of 9 PageID: 46
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Case 2:19-cv-16248 Document 1-2 Filed 08/01/19 Page 9 of 9 PageID: 47
-
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Case 2:19-cv-16248 Document 1-3 Filed 08/01/19 Page 1 of 2 PageID: 48
EXHIBIT C
Case 2:19-cv-16248 Document 1-3 Filed 08/01/19 Page 2 of 2 PageID: 49
Case 2:19-cv-16248 Document 1-4 Filed 08/01/19 Page 1 of 2 PageID: 50
EXHIBIT D
Case 2:19-cv-16248 Document 1-4 Filed 08/01/19 Page 2 of 2 PageID: 51
Case 2:19-cv-16248 Document 1-5 Filed 08/01/19 Page 1 of 2 PageID: 52
EXHIBIT E
Case 2:19-cv-16248 Document 1-5 Filed 08/01/19 Page 2 of 2 PageID: 53
Case 2:19-cv-16248 Document 1-6 Filed 08/01/19 Page 1 of 3 PageID: 54
EXHIBIT F
Case 2:19-cv-16248 Document 1-6 Filed 08/01/19 Page 2 of 3 PageID: 55
Case 2:19-cv-16248 Document 1-6 Filed 08/01/19 Page 3 of 3 PageID: 56
Case 2:19-cv-16248 Document 1-7 Filed 08/01/19 Page 1 of 4 PageID: 57
EXHIBIT G
Case 2:19-cv-16248 Document 1-7 Filed 08/01/19 Page 2 of 4 PageID: 58
(19)中华人民共和国国家知识产权局
*CN302416364S*
(12)外观设计专利
(10)授权公告号 CN 302416364 S
(45)授权公告日 2013.04.24
(21)申请号 201230521382.4
(22)申请日 2012.10.30
(73)专利权人 天津市静海县远大工贸有限公司
地址 301603 天津市静海县王口镇郑庄村
(72)设计人 魏恩雨
(51)LOC(9)Cl.
23-01
图片或照片 7 幅 简要说明 1 页
(54) 使用外观设计的产品名称
冰箱过滤器的滤芯 (YD-29002C)
主视图
CN 302416364 S
Case 2:19-cv-16248 Document 1-7 Filed 08/01/19 Page 3 of 4 PageID: 59
俯视图
主视图
仰视图
后视图
左视图 立体图
右视图
2
Case 2:19-cv-16248 Document 1-7 Filed 08/01/19 Page 4 of 4 PageID: 60
CN 302416364 S 简 要 说 明 1/1 页
1. 外观设计产品名称 :
冰箱过滤器的滤芯 (YD-29002C) ;
2. 外观设计产品用途 :
过滤带制冰机的冰箱中的水 ;
3. 外观设计的设计要点 :产品的形状 ;
4. 指定主视图用于出版专利公报。
3
Case 2:19-cv-16248 Document 1-8 Filed 08/01/19 Page 1 of 6 PageID: 61
EXHIBIT H
Case 2:19-cv-16248 Document 1-8 Filed 08/01/19 Page 2 of 6 PageID: 62
Case 2:19-cv-16248 Document 1-8 Filed 08/01/19 Page 3 of 6 PageID: 63
Case 2:19-cv-16248 Document 1-8 Filed 08/01/19 Page 4 of 6 PageID: 64
Case 2:19-cv-16248 Document 1-8 Filed 08/01/19 Page 5 of 6 PageID: 65
Case 2:19-cv-16248 Document 1-8 Filed 08/01/19 Page 6 of 6 PageID: 66
Case 2:19-cv-16248 Document 1-9 Filed 08/01/19 Page 1 of 4 PageID: 67
EXHIBIT I
Case 2:19-cv-16248 Document 1-9 Filed 08/01/19 Page 2 of 4 PageID: 68
(19)中华人民共和国国家知识产权局
*CN302362774S*
(12)外观设计专利
(10)授权公告号 CN 302362774 S
(45)授权公告日 2013.03.20
(21)申请号 201230492814.3
(22)申请日 2012.10.16
(73)专利权人 天津市静海县远大工贸有限公司
地址 301600 天津市静海县静海经济开发区
和山路
(72)设计人 魏恩雨
(74)专利代理机构 北京联瑞联丰知识产权代理
事务所 ( 普通合伙 ) 11411
代理人 郑自群
(51)LOC(9)Cl.
23-01
图片或照片 6 幅 简要说明 1 页
(54) 使用外观设计的产品名称
滤芯
主视图
CN 302362774 S
Case 2:19-cv-16248 Document 1-9 Filed 08/01/19 Page 3 of 4 PageID: 69
主视图 右视图
俯视图
后视图
仰视图
左视图
2
Case 2:19-cv-16248 Document 1-9 Filed 08/01/19 Page 4 of 4 PageID: 70
CN 302362774 S 简 要 说 明 1/1 页
1. 产品名称 :
滤芯。
2. 产品用途 :
用于净水器、饮水机或水处理设备。
3. 设计要点 :
本产品设计要点在于滤芯的形状。
4. 本外观设计的主视图最能表明本设计要点。
3
Case 2:19-cv-16248 Document 1-10 Filed 08/01/19 Page 1 of 6 PageID: 71
Case 2:19-cv-16248 Document 1-10 Filed 08/01/19 Page 2 of 6 PageID: 72
Case 2:19-cv-16248 Document 1-10 Filed 08/01/19 Page 3 of 6 PageID: 73
Case 2:19-cv-16248 Document 1-10 Filed 08/01/19 Page 4 of 6 PageID: 74
Case 2:19-cv-16248 Document 1-10 Filed 08/01/19 Page 5 of 6 PageID: 75
Case 2:19-cv-16248 Document 1-10 Filed 08/01/19 Page 6 of 6 PageID: 76
Case 2:19-cv-16248 Document 1-11 Filed 08/01/19 Page 1 of 2 PageID: 77
)
)
)
JJ IMPORTS, LLC )
Plaintiff(s) )
)
v. Civil Action No.
)
)
QINGDAO ECOPURE FILTER CO., LTD, )
HONGKONG ECOAQUA CO., and )
ECOLIFE TECHNOLOGIES, INC., )
Defendant(s) )
To: (Defendant’s name and address) Qingdao Ecopure Filter Co., Ltd.
No. 13, Yishengbai Road
Environmental Protection Industrial Zone
Jimo, Quingdao, China
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:
Neil B. Friedman
Hodgson Russ, LLP
605 Third Avenue, Suite 2300
New York, New York 10158
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
Case 2:19-cv-16248 Document 1-11 Filed 08/01/19 Page 2 of 2 PageID: 78
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ 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
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
)
)
)
JJ IMPORTS, LLC )
Plaintiff(s) )
)
v. Civil Action No.
)
)
QINGDAO ECOPURE FILTER CO., LTD, )
HONGKONG ECOAQUA CO., and )
ECOLIFE TECHNOLOGIES, INC., )
Defendant(s) )
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:
Neil B. Friedman
Hodgson Russ, LLP
605 Third Avenue, Suite 2300
New York, New York 10158
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
Case 2:19-cv-16248 Document 1-12 Filed 08/01/19 Page 2 of 2 PageID: 80
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ 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
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
)
)
)
JJ IMPORTS, LLC )
Plaintiff(s) )
)
v. Civil Action No.
)
)
QINGDAO ECOPURE FILTER CO., LTD, )
HONGKONG ECOAQUA CO., and )
ECOLIFE TECHNOLOGIES, INC., )
Defendant(s) )
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:
Neil B. Friedman
Hodgson Russ, LLP
605 Third Avenue, Suite 2300
New York, New York 10158
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
Case 2:19-cv-16248 Document 1-13 Filed 08/01/19 Page 2 of 2 PageID: 82
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ 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
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Neil B. Friedman, Hodgson Russ LLP
605 Third Ave., Suite 2300 New York, New York 10158
646.218.7605
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)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
The JS 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 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. 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 Rule 8(a), F.R.Cv.P., 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.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 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.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 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 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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
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 Rule 23, F.R.Cv.P.
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 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.