Case 8:19-cv-01776 Document 1 Filed 09/17/19 Page 1 of 30 Page ID #:1

1 TODD M. LANDER (BAR NO. 173031)

todd.lander@ffslaw.com
2 FREEMAN, FREEMAN &thSMILEY, LLP
1888 Century Park East, 15 Floor
3 Los Angeles, California 90067
Telephone: (310) 255-6100
4 Facsimile: (310) 255-6200
5 Attorneys for Plaintiff
KONINKLIJKE PHILIPS N.V.
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION
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11 KONINKLIJKE PHILIPS N.V., Case No.
12 Plaintiff, COMPLAINT FOR PATENT
INFRINGEMENT
13 vs.
14 MADDAMZ GROUP, INC., D.B.A. DEMAND FOR JURY TRIAL
“SIMPLE LIVING PRODUCTS”,
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Defendant.
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18 PLAINTIFF’S ORIGINAL COMPLAINT
19 Plaintiff Koninklijke Philips N.V. (“Philips”) hereby asserts the following
20 claim for patent infringement against Defendant Maddamz Group, Inc., doing
21 business as Simple Living Products (“Simple Living Products”) (unless otherwise
22 indicated, “Defendant”), and states as follows:
23 NATURE OF ACTION
24 1. This is an action for patent infringement arising under the patent laws
25 of the United States, Title 35, United States Code, based upon Simple Living
26 Product’s infringing Philips’s intellectual property, including Philips’s patented
27 smokeless grill design protected by U.S. Design Patent No. D758,785 (the “’785
28 Patent”).

COMPLAINT
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1 2. Simple Living Products make, uses, offers for sale and sells an
2 infringing smokeless grill in place of the patented products designed, manufactured
3 and sold by Philips.
4 3. As a result of Simple Living Product’s unlawful infringement, Simple
5 Living Products has been wrongfully enriched, and Philips has been injured through
6 loss of sales and good will, and seeks injunctive and monetary remedies under the
7 federal patent statute, 35 U.S.C. §§ 284, 285 and 289.
8 THE PARTIES
9 4. Plaintiff incorporates the preceding paragraphs herein by reference.
10 5. Plaintiff Koninklijke Philips N.V. is a corporation duly organized and
11 existing under the laws of the Netherlands. Its principal place of business is High
12 Tech Campus 5, 5656 AE Eindhoven, the Netherlands.
13 6. On information and belief, Defendant Maddamz Group, Inc. is a
14 California corporation, having a principal place of business at 8 Whatney, Unit 100,
15 Irvine, California 92618. On information and belief, Ms. Michelle O’Connor is the
16 owner and registered agent for Maddamz Group, Inc. On information and belief,
17 Maddamz Group, Inc. does business as Simple Living Products, including on its
18 website https://simplelivingproducts.com/ where it offers for sale a variety of
19 products, including the accused product of this case, “Simple Living Products
20 Indoor Smokeless Grill With Infrared Technology”.
21 7. The “Contact Us” link on the Simple Living Products website lists the
22 same address as the address for Maddamz Group, Inc.
23 8. Maddamz Group, Inc. is the owner of United States trademark
24 registration number 56592934, for the trademark “Simple Living Products,” with
25 goods and services including electric cooking devices, and an alleged first use of the
26 mark on December 23, 2016.
27 9. On information and belief, Simple Living Products offers the accused
28 device through on-line retailers including Wayfair, Amazon, Walmart, and others.
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COMPLAINT
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1 JURISDICTION AND VENUE

2 10. Plaintiff incorporates the preceding paragraphs herein by reference.
3 11. This is an action for patent infringement brought under the patent laws
4 of the United States, 35 U.S.C. § 1, et seq. This Court has original subject matter
5 jurisdiction over the claims in this action pursuant to 28 U.S.C. § 1331 (federal
6 question), and 28 U.S.C. § 1338(a) (patents).
7 12. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391,
8 1400 because Simple Living Products is incorporated in the State of California
9 listing its principal place of business in this District.
10 13. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391,
11 1400 because Simple Living Products resides in this District.
12 14. Simple Living Products can be found in the judicial district, or
13 otherwise established contacts with this judicial district sufficient enough to make
14 the exercise of personal jurisdiction proper.
15 15. On information and belief, Simple Living Products has committed acts
16 of infringement in this district, and makes (or has made) the accused products, offers
17 for sale the accused products, and sells the accused products from and in this
18 judicial district.
19 BACKGROUND FACTS
20 16. Plaintiff incorporates the preceding paragraphs herein by reference.
21 17. Philips is a world-renowned company that engages in research and
22 development in numerous technological fields. One of these fields is household
23 products, which includes its Avance Collection of Indoor Smoke-less Grills.
24 https://www.usa.philips.com/c-m-ho/cooking/electric-indoor-bbq-grill. Philips sells
25 its patented grill through its website (www.usa.philips.com), and through numerous
26 retailers, including Amazon, BestBuy, Kohl’s and others.
27 18. Philips is the owner, assignee of all rights, title and interest in U.S.
28 Patent No. D758,785 (the “’785 Patent”) entitled “Smokeless Grill,” which issued
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COMPLAINT
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1 by the United States Patent and Trademark Office June 14, 2016, based on a foreign
2 application priority date of July 4, 2014. Philips holds the right to sue and recover
3 damages for infringement thereof, including current and past infringement. A copy
4 of the ’785 Patent is attached as Exhibit A.
5 19. The ’785 Patent is valid and enforceable, and was duly issued in full
6 compliance with Title 35 of the United States Code.
7 20. The ’785 Patent claims the ornamental design, as shown below:
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16 ’785 Patent, FIG. 1.
17 21. Philips manufactures and sells a smokeless grill with the design of the
18 ’785 Patent under its Avance Collection of Indoor Grills.
19 22. In contravention to 35 U.S.C. § 271, and § 289, Simple Living Products
20 infringed the ’785 Patent by making, using, selling, and/or offering to sell, or
21 causing others to make, use, sell, and/or offer to sell the accused device, including
22 but not limited to its Indoor Smokeless Grill (“Accused Product”). Photographs of
23 the Accused Product are attached hereto as Exhibit B, and reproduced below for
24 convenience.
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COMPLAINT
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8 Exhibit B available at https://simplelivingproducts.com/products/slp-sg-001.
9 23. The overall appearance of Simple Living Products’ Accused Product is
10 substantially the same as the design in the ’785 Patent, and/or at least a colorable
11 imitation thereof. By way of non-limiting examples, both designs comprise
12 common design elements including all four downward angular sides, upward
13 angular side handles, indented sections below handles, separate upper/lower body
14 sections, serrated bottom portions, rounded corners and footings.
15 Philips’ ‘785 Design Simple Living’s Design
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COMPLAINT
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1 Philips’ ‘785 Design Simple Living’s Design

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COMPLAINT
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13 24. The ordinary observer, seeing the Accused Product, would be deceived
14 into believing that it is the same as Philips’s patented design.
15 CAUSE OF ACTION
COUNT I
16 (Infringement of U.S. Patent No. D758,785)
17 25. Plaintiff incorporates the preceding paragraphs herein by reference.
18 26. Simple Living Products has infringed, currently infringes, and will
19 continue to infringe, the ’785 Patent unless enjoined by this Court from making,
20 using, offering for sale, importing and/or selling products infringing Philips’s
21 patented design within the United States. 35 U.S.C. § 271(a).
22 27. On information and belief, Simple Living Products knew of Philips,
23 Philips’ patented commercial product, the ’785 Patent, or were willfully blind to its
24 existence, and Simple Living Products knew or was willfully blind in consciously
25 ignoring the possibility that its actions would infringe the ’785 Patent.
26 28. As a direct and proximate result of Simple Living Products’ direct and
27 indirect infringement of the ’785 Patent, Philips is suffering damages as well as
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COMPLAINT
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1 irreparable injury for which it has no adequate remedy at law. Philips will continue
2 to suffer such harm Philips unless Simple Living Products is enjoined.
3 29. Philips is entitled to recover damages under 35 USC § 284 and § 289 to
4 adequately compensate for Simple Living Products’ infringement.
5 PRAYER FOR RELIEF
6 WHEREFORE, Plaintiff respectfully requests the Court enter judgment
7 against Simple Living Products:
8 1. A judgment that Simple Living Products infringes U.S. Patent No.
9 D758,785;
10 2. Pursuant to 35 U.S.C. § 283, grant a permanent injunction enjoining
11 Simple Living Products, its subsidiaries, affiliates, divisions, officers,
12 agents, servants, employees, directors, partners, representatives, and all
13 parties in active concert and/or participation with Simple Living
14 Products from directly or indirectly making, having made, selling,
15 offering for sale, distributing, using, or importing into the United States
16 products that infringe the ’785 Patent;
17 3. Pursuant to 35 U.S.C. § 284, direct Simple Living Products to account
18 for and pay to Plaintiff all damages caused by Simple Living Products’
19 infringement of the ’785 Patent, including lost profits and interest, but
20 in no event less than a reasonable royalty;
21 4. Pursuant to 35 U.S.C. § 289, award Plaintiff the total extent of Simple
22 Living Products’ total profits derived from sales of the Accused
23 Product;
24 5. Pursuant to 35 U.S.C. § 285, award Plaintiff its costs and attorneys’
25 fees incurred in connection with this action, upon a judgment declaring
26 this an exceptional case; and,
27 6. Such other and further relief as the Court deems just and proper.
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COMPLAINT
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1 JURY DEMAND
2 Plaintiff demands trial by jury pursuant to Fed. R. Civ. P. 38(b).
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4 DATED: September 17, 2019 FREEMAN, FREEMAN & SMILEY, LLP
5
6 By: / s / Todd M. Lander
TODD M. LANDER
7
Attorneys for Plaintiff,
8 KONINKLIJKE PHILIPS N.V.

9 OF COUNSEL:
Howard J. Susser*
10 Joseph M. Maraia*
Christopher S. Schultz*
11 Daniel J. McGrath*
BURNS & LEVINSON LLP
12 125 High Street
Boston, MA 02110
13 Telephone: 617-345-3000
Facsimile: 617-345-3299
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* Pro Hac Vice motions to be filed with the
15 Court.

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