Case 2:12-cv-02068-PJW Document 1

Filed 03/12/12 Page 1 of 7 Page ID #:5

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GaryJ. Gorham (SBN 171061) ggorham@richardsonpatel.com Eric Ashton Puritsky (SBN 239577) epuritsky@richardsonpatel.com
RICHARDSON & PATEL, LLP 1100 Glendon Ave., Suite 350 Los Angeles, California 90024 Telephone: (310)208-1182 Facsimile: (310)208-1154

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Attorneys for Plaintiff

KEN BLAKEMAN

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

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KEN BLAKEMAN, an individual,

Plaintiff,

c-f*$tt 2068
COMPLAINT FOR PATENT
INFRINGEMENT
DEMAND FOR JURY TRIAL

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vs.

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PICNIC TIME, INC., a California corporation,

Defendant.

Plaintiff KEN BLAKEMAN ("Blakeman") complains and alleges as follows:

PARTIES

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1.

Blakeman was, at all times mentioned herein until October 2010, an

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individual residing in the State of Nevada, County of Clark. Blakeman is, and at all

time mentioned herein since October 2010 was, an individual residing in the State of]
California, County of Los Angeles.
2. Blakeman is informed and believes, and based on such information and

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belief alleges, that defendant PICNIC TIME, INC. ("Picnic Time") is, and at all

COMPLAINT
n xi~

Case 2:12-cv-02068-PJW Document 1

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times mentioned herein was, aCalifornia corporation, with its principal place of
business located in Moorpark, California.
JURISDICTION

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3.

This Court has personal jurisdiction over Picnic Time. Upon

information and belief, Picnic Time is aCalifornia corporation and its principal
place ofbusiness is located in California. Upon information and belief, Picnic Time's principal place ofbusiness is located in the Central District ofCalifornia, and Picnic Time is engaged in substantial commercial activity in the Central District
of California.

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4.

This Court has subject matter jurisdiction pursuant to 28 U.S.C.

VENUE

1331 and 1338.

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5.

Venue isproper in this judicial district pursuant to 28 U.S.C.

1400(b) and 1391(c).

FIRST CLAIM FOR PATENT INFRINGEMENT

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(By Blakeman against Picnic Time)

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6.
7.
8.
9.
10.

Blakeman repeats and realleges Paragraphs 1 through 5 ofthis

U.S. Design Patent No. D613,128 (the "'128 Patent"), entitled
The '128 Patent is owned by Blakeman.
The '128 Patent is valid and enforceable.
Picnic Time is not licensed under the ' 128 Patent.

Complaint as if fully set forth herein.

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"SPORTS THEME ICE CHEST," was issued on or about April 6,2010.

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11.

Picnic Time has infringed, contributorily infringed, and/or induced

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others to infringe the claim ofthe '128 Patent by making, using, selling and offering for sale inthe United States, and importing into the United States, products, systems

COMPLAINT

Case 2:12-cv-02068-PJW Document 1

Filed 03/12/12 Page 3 of 7 Page ID #:7

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and methods falling within the scope of these claims, including but not limited tothe
Football Cooler and the Football Cooler Pro.

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12.

Blakeman is informed and believes, and based on such information and

belief alleges, that Picnic Time's wrongful acts are, have been, and continue to be,
willful.

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13.

As a proximate result of Picnic Time's misconduct, Blakemanhas been

injured in an amount to be proven attrial.

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Unless restrained by the Court, Picnic Time's wrongful acts will cause

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irreparable injury to Blakeman for which Blakeman has no adequate remedy at law.
WHEREFORE, Blakeman prays for judgment against Defendantas follows:
A. For a judicial determination and declaration that the claim ofthe '128 Patent is valid and enforceable;

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B.

For a judicial determination and declaration that Picnic Time has

infringed, contributorily infringed and induced infringement ofthe claim ofthe '128
Patent, and that such infringement was and is willful; C. For a preliminary and permanent injunction enjoining Picnic Time and

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Picnic Time's officers, directors, shareholders, agents, servants, employees,

attorneys, parent corporations and entities, subsidiaries, affiliates, and all entities

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and individuals acting in concert with them or on their behalf, from engaging in the
acts complained of above;

D.

For damages (including lost profits and reasonable royalties) resulting

from PicnicTime's wrongful acts, and for trebling of such damages becauseofthe
willful nature of those acts;

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E. F. G.
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For an award of reasonable attorneys' fees against Picnic Time; For an assessment of interest on damages against Picnic Time; For an award of costs in this action against Picnic Time; and

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COMPLAINT

Case 2:12-cv-02068-PJW Document 1

Filed 03/12/12 Page 4 of 7 Page ID #:8

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H.

For such other and further relief asjustice may require.

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DATED: March 12,2012

RICHARDSON & PATEL, LLP

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Gary Ciorhal Attorneys for Plaintiff

KEN BLAKEMAN

By ' ~/"'V

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COMPLAINT

Case 2:12-cv-02068-PJW Document 1

Name & Address:

Filed 03/12/12 Page 5 of 7 Page ID #:9

Gary J. Gorham (SBN 171061)

Eric Ashton Puritsky (SBN 239577)

Richardson & Patel, LLP 1100 Glendon Avenue, Suite 850 Los Angeles, CA 90024 (T) 310-208-1181 (F) 310-208-1154
Attorneys for Plaintiff KEN BLAKEMAN UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

KEN BLAKEMAN, an individual,

CASE NUMBER

PLAINTIFFS)
V.

2068 -htJ
SUMMONS

PICNIC TIME, INC., a California corporation,

DEFENDANT(S).

TO:

DEFENDANT(S):

PICNIC TIME, INC., a California corporation,

A lawsuit has been filed against you.

Within

21

days after service ofthis summons on you (not counting the day you received it), you
amended complaint t whose address is
If you fail to do so,

must serve on the plaintiff an answer to the attached B complaint ormotion must be served on the plaintiffs attorney, Gary J. Gorham
your answer or motion with the court.

D counterclaim cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer

Richardson & Patel, LLP, 1100 Glendon Ave., Ste. 850, Los Angeles, 90024

judgment by default will be entered against you for the relief demanded in the complaint. You also must file

Clerk, U.S. District Court

MAR 1 2 2012
Dated:

Deputy Clerk
(Seal ofthe Court)

[Use 60 days ifthe defendant is the United States ora United States agency, or is an officer oremployee ofthe United States. Allowed
60 days by Rule 12(a)(3)].

CV-01A (10/11

SUMMONS

Case 2:12-cv-02068-PJW Document 1

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Filed 03/12/12 Page 6 of 7 Page ID #:10

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

CIVIL COVER SHEET

I (a) PLAINTIFFS (Check box if you arcrepresenting yourself D)

KEN BLAKEMAN, an individual

DEFENDANTS

PICNIC TIME, INC., a California corporation.

(b) Attorneys(FirmName, Address andTelephone Number. If you orerepresenting yourself, provide same.)
GaryJ. Gorham(SBN 171061);Eric Ashton Puritksy (SBN 239577)
Richardson & Patel, LLP

Attorneys(If Known)

1100Glendon Ave., Ste. 850, Los Angeles, CA 90024

II. BASIS OF JURISDICTION (Placean X in one box only.)

HI. CITIZENSHIP OF PRINCIPAL PARTIES- For Diversity Cases Only (Placean X in one box for plaintiff and one for defendant.)
PTF DEF PTF DEF

D1U.S. Government Plaintiff

O 2 U.S.Government-Defendant

fifo Federal Question (U.S.

Government Not a Party)

Citizen ofThis State

Dl

Ql

Incorporated or Principal Place

of Business in this Stale

D4

D4

D 4 Diversity(IndicateCitizenship Citizen of AnotherState

of Parties in Item III)

D2

D2
D3

Incorporated and Principal Place D5

of Business in Another State

D5
06

Citizen or Subject of a ForeignCountry D3

Foreign Nation

D6

IV. ORIGIN (Place an X in one box only.)

ffl 1 Original Proceeding

D 2 Removed from D 3 Remanded from D 4 Reinstated or 05 Transferred from another district(specify): D 6 MuttiStateCourt AppellateCourt Reopened District
Litigation

D 7 Appealto District Judge from

MagistrateJudge

V. REQUESTED IN COMPLAINT: JURY DEMAND: o^Ves DNo (Check 'Yes* only ifdemanded in complaint.)

CLASS ACTION under F.R.C.P. 23: DYes |/no

DMONEY DEMANDED IN COMPLAINT: S

VI. CAUSEOF ACTION (Citethe U.S. Civil Statute underwhich you are filing andwritea briefstatement of cause. Do not citejurisdictional statutesunlessdiversity.) 35 USC271 - Patent Infringement
VII. NATURE OF SUIT (Place an X in one box only.)

Q400 State Reapportionment

D4I0 Antitrust

y;OT^^fl^^^grl4 liE^^ro^iSi.v- ff':;

D 110 Insurance 0 120 Marine OI30 Miller Act

TORTS'^jg^ f;!^;. TORTS.,..

PERSONAL PROPERTY O370 Other Fraud

PERSONAL INJURY

.;-:; $;B^lspQW^:/ "r S^^^iSlv5'

O430 Banksand Banking

O450 Commerce/ICC
Rates/etc.

D460 Deportation
O470 Racketeer Influenced

andCorrupt Organizations
D480 D490 O 810 0 850 Consumer Credit Cable/Sat TV Selective Service Securities/Commodities/

Exchange 0875 CustomerChallenge 12

USC 3410

D890 OtherStatutoryActions 0891 Agricultural Act

0892 Economic Stabilization
Act

0893 Environmental Matters

0 894 EnergyAllocation Act

0895 Freedom of Info. Act

O900 Appealof Fee Determi nationUnderEqual

Access to Justice

Property Damage D535 Death Penalty 0385 Property Damage 0 540 Mandamus/ Disclosure Act Judgment ProductLiability Other O740 Railway LaborAct D340 Marine D151 Medicare Act . BANKRUPTCY D550 Civil Rights O790 Other Labor O 345 Marine Product 0152 Recovery of Defaulted 0422 Appeal 28 USC 0 555 Prison Condition Litigation Liability Student Loan (Excl. 158 0 791 Empl. Ret. Inc. : iFORFMriURE/ Veterans) 0423 Withdrawal 28 v'i :;:^enalty ;.::: SecurityAct O 355 Motor Vehicle 0 153 Recovery of USC 157 O6I0 Agriculture i ;.PMPHKTYiRIGHTS Product Liability Overpayment of O620 Other Food & DJ820 Copyrights : CIVIL RIGHTS O360 Other Personal Veteran's Benefits 0441 Voting Drug H 830 Patent Injury 0 160 Stockholders' Suits 0442 Employment 0625 Drug Related O840 Trademark O 362 Personal InjuryD190 Other Contract 0443 Housing/Acco Seizure of s^a^-SECURrrY Mcd Malpractice 0195 Contract Product mmodations Property21 USC 0 861 HIA(1395ff) 0 365 Personal InjuryLiability 881 0 862 Black Lung (923) ProductLiability 0444 Welfare D 196 Franchise D863 DIWC/DIWW 0630 Liquor Laws 0368 Asbestos Personal 0445 American with Injury Product Disabilities O640 R.R.& Truck (405(g)) ^-R^PAQPEJrai:..":.: Liability D210 Land Condemnation 0 864 SSID Title XVI Employment O 650 Airline Regs !:-..; immigiwtion; #* 0446 American with O220 Foreclosure O660 Occupational 0 865 RSI (405(g)) O230 Rent Lease & Ejectment D 462 Naturalization :.: :j^EK^T^syrrs Disabilities Safety/Health
Enforcement of

O 140 Negotiable Instrument O 150 Recovery of Overpayment &

O3I0 Airplane D315 AirplaneProduct Liability

O320 Assault, Libel &
Slander

mMlm^vm%;: O7I0
Habeas Corpus
D530 General

Fair Labor Standards

Act

OS 10 Motions to Vacate Sentence

O720 Labor/Mgmt
Relations

D371 Truth in Lending

O380 Other Personal

O 330 Fed. Employers* Liability

O730 Labor/Mgmt. Reporting &

O950 Constitutionalityof
State Statutes

Application Other O 463 HabeasCorpusO 245 Tort Product Liability 0 440 Other Civil Alien Detainee O290 All Other Real Property Rights 0465 Other Immigration
O240 Torts to Land
Actions

D690 Other

0 870 Taxes (US. Plaintiff

or Defendant) D871 IRS-Third Party26

USC 7609

FOR OFFICE USE ONLY:

Case Number:

AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW. V--7I,
CV-71 (05/08)
CIVIL COVER SHEET

Page I of2

Case 2:12-cv-02068-PJW Document 1

Filed 03/12/12 Page 7 of 7 Page ID #:11

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

CIVIL COVER SHEET

VHI(a). IDENTICALCASES: Has thisaction been previously filed in thiscourt anddismissed, remanded or closed? BNo D Yes
If yes, list casenumbers):

VHI(b). RELATED CASES: Have anycases been previously filed inthis court that are related tothepresent case? Sf No D Yes
If yes. list casenumbers): Civil cases are deemed related if a previously filed case and the present case: (Checkall boxes that apply) O A. Arise from the same or closely relatedtransactions, happenings,or events; or

O B. Call fordetermination of the sameor substantially related or similarquestionsof law and fact; or O C. Forother reasonswould entail substantial duplication of laborif heardby different judges; or O D. Involvethe same patent, trademark or copyright, and oneof die factors identifiedabove in a. b or c also is present.
IX. VENUE: (When completing the following information, use an additionalsheet if necessary.)

(a) Listthe Countyin this District; California County outside of this District; State if otherthanCalifornia: or Foreign Country, in which EACH named plaintiffresides.
O Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b). Countyin this District:*

California County outside of this District;State, if other than California: or Foreign Country

KENBLAKEMAN.- Los Angeles

(b) ListtheCountyin this District; California County outsideofthis District; Stateif otherthan California; or Foreign Country, in which EACH nameddefendant resides.

O Check here if the government, itsagencies oremployees isanamed defendant. Ifthis box ischecked, goto item (c).
Countyin this District:* California County outside of this District: State, if other than California; or Foreign Country

PICNICTIME, INC. - Los Angeles

(c) ListtheCounty inthisDistrict; California Countyoutsideof this District: State if other than California; or Foreign Country,in which EACH claimarose.
Note: In land condemnation cases, use the location of the tract of land involved.

County in this District:*

California County outside of this District; State, if other than California; or Foreign Country

Lx> Angeles
*Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, op S:n/Lui$-{5\>ispo Counties

Note: In land condemnation cases, use the location oftln/ltrdeTV>f land involved
X. SIGNATURE OF ATTORNEY (OR PRO PER):

Pate March ^,2012

Notice toCounsel/Parties: TheCV-71 (JS-44) CivilCoverSheetandt ic information contained herein neither replace norsupplement the filing and service of pleadings orother papers asrequired by law. This form, approved bytheJudicial Conference ofihe United States inSeptember 1974, isrequired pursuant toLocal Rule3-1 isnotfiled but isused bytheClerk of theCourt for thepurpose of statistics, venue and initiating thecivil docket sheet. (For more detailed instructions, secseparate instructions sheet.)
Keyto Statistical codesrelating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement ofCau.se of Action

861

MA

All claims forhealthinsurance benefits(Medicare) underTitle 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skillednursing facilities, etc., forcertification as providers ofservices under the
program. (42 U.S.C. !935FF(b))

862

BL D1WC DIWW

All claims for "Black Lung" benefitsunderTitle 4. Part B, of the Federal Coal Mine Health and Safety Act of 1969.
(30 U.S.C. 923)

863

All claims filed by insured workers fordisability insurance benefits underTitle 2 ofthe Social SecurityAct, as amended: plus all claims filed forchild's insurance benefits based on disability. (42 U.S.C. 405(g)) All claims filed forwidows or widowersinsurance benefits based on disability underTitle 2 of the Social Security
Act, as amended. (42 U.S.C. 405(g))

863

864

SSID
RSI

All claims for supplemental security income payments basedupon disability filedunderTitle 16of the Social Security
Act, as amended.

865

All claims forretirement(old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. (g))

CV-71 (05/08)

CIVIL COVER SHEET

Pace 2 of2