Mate Series v. Alpha Marine - Complaint

Case 2:18-cv-14054-DMM Document 1 Entered on FLSD Docket 02/15/2018 Page 1 of 108
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
Fort Pierce Division
MATE SERIES, INC., CASE No:

JUDGE:
Plaintiff, MAGISTRATE JUDGE:
vs. JURY TRIAL DEMANDED
ALFA MARINE CO., LTD.,

a foreign corporation based in
Shanghai, China,
JAMES PATRICK MORRIS,
a sole proprietorship, d/b/a WEST COAST
MARINE HARDWARE, and
JOHN & JANE DOE CORPORATIONS
1-10, corporations or other business entities
based in China,
Defendants.
/
COMPLAINT
FOR PATENT INFRINGEMENT
Plaintiff, MATE SERIES, INC. (“Plaintiff” or “MSI”), by and through undersigned
counsel, hereby files this Complaint, against the Defendants as follows:
PARTIES
1. Plaintiff, MATE SERIES, INC., is a corporation of the State of Florida, with its principal
place of business in Martin County, Florida.
2. Defendant, JAMES PATRICK MORRIS, is a sole proprietorship, doing business as
WEST COAST MARINE HARDWARE (“WCM/MORRIS”), with its principal place of
business located in Riverside County, California. WCM/MORRIS was registered in Riverside
County, on October 7, 2017, document no. R-201407917. WCM/MORRIS engages in the sale
of marine related products, including those covered by the various patents to be identified
herein. Upon information and belief, it obtains the offending product from Defendant, ALPHA
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MARINE CO., LTD.
3. Defendant, ALPHA MARINE CO., LTD. (“AM”), is a corporation organized under the
laws of China, with its principal place of business in Shanghai, China. AM engages in the
manufacture of a variety of products for sale, through distributors and otherwise, both
domestically in China and internationally, including the United States of America. Upon
information and belief, it is the manufacturer of the offending product subject to the patents to
be identified herein.
4. JOHN & JANE DOE CORPORATIONS 1-10, or other business entities which are based
in China, and whose legal names and addresses are unknown to Plaintiff despite diligent inquiry.
NATURE OF ACTION
5. This is a patent infringement action under the laws of the United States of America.
6. Defendants, WCM/MORRIS and AM, and JOHN & JANE DOE CORPORATIONS 1-
10, or other business entities based in China, have infringed, and continues to infringe, and/or
has contributed to the infringement, and/or has actively induced others to infringe upon MSI’s
rights under several patents to be more fully described herein.
7. The patents are owned by MTB Design, Inc. Plaintiff, MSI, owns an exclusive license
with respect to the subject patents and has the right to sue on its behalf for any infringement. A
copy of the Assignment Agreement is attached hereto as Exhibit A.
8. The subject patents are for a “Fishing Rod and Beverage Holder” for marine vessels.
9. The subject patents are as follows:
D 591,385 S, 4/28/09
D 591,386 S, 4/28/09
D 595,807 S, 7/7/09
D 595, 808 S, 7/7/09
D 607,962 S, 1/12/10
D 607,963 S, 1/12/10
Law Offices of Stuart M. Address, P.A.
[email protected] (Email)
www.stuartaddresslaw.com (Website)
www.SMArtLawFlorida.com (Secondary Website)
http://www.avvo.com/attorneys/34994-fl-stuart-address-1284072.html (AVVO attorney information site)
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8,640,277 B2, 2/4/14
The patents shall hereinafter be referred to by the last three digits (i.e. “the 385 patent”) or,
collectively, as “the patents”.
JURISDICTION AND VENUE
10. The claims asserted herein arise under the patent laws of the United States of America, 35
U.S.C. §§ 1 et. seq. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331
and 1338(a).
11. This Court has personal jurisdiction over the Defendants for the following reasons:
a. Defendant, WCM/MORRIS, sells product which infringe upon the patents
throughout the United States, including within the State of Florida, and, upon
information and belief, within this District.
b. Defendant, WCM/MORRIS, sells various other of its products throughout the
United States, including within the State of Florida, and, upon information and
belief, within this District.
c. Defendant, WCM/MORRIS, derives revenue from the sales of the subject
products to consumers throughout the United States, including within the State
of Florida, and, upon information and belief, within this District.
d. Defendant, WCM/MORRIS, engages in sales activities utilizing sites such as
Amazon and eBay.
e. Defendant, AM, regularly engages in the sale of counterfeit goods, subject to
the patents of others, to distributors within the United States, some knowing
and some unknowing of the infringing nature of the products, including within
the State of Florida, and, upon information and belief, within this District.

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f. Defendant, AM, derives revenue from the sales of the subject products to
consumers throughout the United States, including within the State of Florida,
and, upon information and belief, within this District.
g. Defendant, AM, engages in sales activities utilizing sites such as Amazon and
eBay.
h. Defendant, JOHN & JANE DOE CORPORATION 1-10, or other business
entities based in China, regularly engage in the sale of counterfeit goods,
subject to the patents of others, to distributors within the United States, some
knowing and some unknowing of the infringing nature of the products,
including within the State of Florida, and, upon information and belief, within
this District.
i. Defendant, JOHN & JANE DOE CORPORATION 1-10, or other business
entities based in China, derive revenue from the sales of the subject products
to consumers throughout the United States, including within the State of
Florida, and, upon information and belief, within this District.
j. Defendant, JOHN & JANE DOE CORPORATION 1-10, or other business
entities based in China, engage in sales activities utilizing sites such as
Amazon and eBay.
k. At the present time, Plaintiff is aware of such activities by JOHN & JANE DOE
CORPORATIONS 1-10, or other business entities based in China, as follows:
i. E-Bay seller “suestore2014”, which identifies itself as “based in
China” and becoming an E-Bay member on October 20, 2013.
ii. E-Bay seller “annstore1201”, which identifies itself as “based in

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China” and becoming an E-Bay member on December 1, 2013.
iii. E-Bay seller “dreamarine”, which identifies itself as “based in China”
and becoming an E-Bay member on December 28, 2016.
12. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c), and
1400(b), because Defendants have infringed, and continue to infringe upon the patents within
this district.
STATEMENT OF FACTS
13. On the dates referenced in paragraph 8, supra, the United States Patent and Trademark
Office duly and legally issued the identified United States patents. A true and correct copy of
each of the referenced and identified patents is attached hereto as Exhibit B.
14. Since the issuance of the respective patents, they have been in full force and effect.
15. Plaintiff, MSI, is the assignee of the patent owner, MTD Design, Inc., with full right and
authority to prosecute any infringing activity, past, present, and future.
16. Throughout history, marine vessels have been fitted with fishing rod holders and with
beverage cup holders. However, until the subject patents, no one combined both fishing rod
holders and beverage cup holders into a single product.
17. The combined design of such dual products serves both to conserve precious space on
marine vessels and to economize the dual products into a single combined product having both
a beneficial conservation of space and financial impact.
18. Without the ability to enforce its intellectual rights, through assignment, Plaintiff, MSI,
would suffer irreparable damage, including the possible bankruptcy of its business operations.
19. All conditions precedent to suit, if any, have been satisfied or otherwise waived.

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COUNT I
(Infringement Of The ‘385 Patent ByWCM/MORRIS)
20. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1-18,
inclusive, as if fully set forth herein.
21. WCM/MORRIS has infringed and continues to infringe upon the ‘385 Patent by engaging
in acts including making, using, selling, or offering to sell within the United States, or importing
into the United States, products that embody the patented invention described and claimed in
the ‘385 Patent.
22. The Defendant’s acts have been without express or implied license from Plaintiff.
23. The Defendant will continue to infringe upon the referenced Patent unless enjoined by
this Court.
24. As a result of the Defendant’s infringing conduct, Plaintiff has suffered, and will continue
to suffer, irreparable harm for which there is no adequate remedy at law.
25. Plaintiff is entitled to preliminary and permanent injunctive relief under 35 U.S.C. § 283.
26. As a result of the infringing conduct, Plaintiff has been damaged, and will be further
damaged, and is entitled to compensated for such damages, pursuant to 35 U.S.C. §284, in an
amount to be determined at trial.
COUNT II
(Infringement Of The ‘386 Patent By WCM/MORRIS)
inclusive, as if fully set forth herein

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the ‘386 Patent.
this Court.
COUNT III
the ‘807 Patent.
this Court.

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COUNT IV
the ‘808 Patent.
this Court.

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COUNT V
the ‘962 Patent.
this Court.
COUNT VI

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the ‘963 Patent.
this Court.
COUNT VII
the ‘277 Patent.
this Court.

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COUNT VIII
(Infringement Of The ‘385 Patent By AM
70. AM has infringed and continues to infringe upon the ‘385 Patent by engaging in acts
including making, using, selling, or offering to sell within the United States, or importing into
the United States, products that embody the patented invention described and claimed in the
‘385 Patent.
71. Furthermore, by its manufacture and sale abroad, to distributors within the United States
of America, AM has induced infringement of the Patent and/or has committed acts of
contributory infringement of the Patent. Similarly, it has done so by any sales to distributors or
others outside of the United States of America, where the intent was for the end product to be
sold within the United States of America.
this Court.
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COUNT IX
(Infringement Of The ‘386 Patent By AM
‘386 Patent.
this Court.
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COUNT X
(Infringement Of The ‘807 Patent By AM)
‘807 Patent.
this Court.

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COUNT XI
‘808 Patent.
this Court.

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COUNT XII
‘962 Patent.
this Court.

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COUNT XIII
‘963 Patent.
of America, AM has induced infringement of the Patent and/or has committed acts of contributory
infringement of the Patent. Similarly, it has done so by any sales to distributors or others outside
of the United States of America, where the intent was for the end product to be sold within the
United States of America.
this Court.

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COUNT XIIII
‘277 Patent.
this Court.

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COUNT XV
(Infringement Of The ‘385 Patent By The DOE Defendants
126. The DOE Defendants have infringed and continues to infringe upon the ‘385 Patent by
engaging in acts including making, using, selling, or offering to sell within the United States, or
importing into the United States, products that embody the patented invention described and
claimed in the ‘385 Patent.
127. The Defendants’ acts have been without express or implied license from Plaintiff.
128. The Defendants will continue to infringe upon the referenced Patent unless enjoined by
this Court.
129. As a result of the Defendants’ infringing conduct, Plaintiff has suffered, and will continue
COUNT XVI
(Infringement Of The ‘386 Patent By The DOE Defendants

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135. The Defendant’ will continue to infringe upon the referenced Patent unless enjoined by
this Court.
COUNT XVII
(Infringement Of The ‘807 Patent By The DOE Defendants)
this Court.

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COUNT XVIII
this Court.

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COUNT XIX
this Court.
COUNT XX

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this Court.
COUNT XXI
this Court.

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COUNT XXII
(Interference With Prospective Economic Advantage)
175. Defendants have entered into and/or had a reasonable expectation that it would maintain
or enter into contracts or business relationships with certain third parties who would otherwise
have purchased from Plaintiff due to the existence of the referenced patents.
176. Upon information and belief, Defendants were aware of these patents, or in willful
ignorance of same.
177. Upon information and belief, Defendants knowingly and willfully interfered in Plaintiff’s
contracts and/or business expectancies by diverting customers from Plaintiff, the sole legitimate
source of the subject product, through their deceptive trade practices, and other unlawful
conduct.
178. As a result of the Defendants' conduct, customers were induced to breach or terminate
contracts, business relationships or expectancies with Plaintiff, or otherwise not enter in such
agreements with Plaintiff.
179. Defendants' conduct as complained of herein was knowing, willful, malicious and
deliberate.
180. Plaintiff has been damaged by the Defendants' conduct as complained of herein, in an
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COUNT XXIII
(Accounting)
182. Plaintiff is entitled, pursuant to 15 U.S.C. § 1117, to recover any and all profits of
Defendants' that are attributable to their acts of infringement.
183. Plaintiff is entitled, pursuant to 15 U.S.C. § 1117, to actual damages or statutory damages,
sustained by virtue of Defendants' acts of infringement.
184. The amount of money due from Defendants is unknown to Plaintiff and cannot be
ascertained without a detailed accounting by Defendants of the precise number of units of
infringing material offered for distribution and distributed by Defendants.
COUNT XXIV
(Constructive Trust)
186. Defendants' conduct constitutes deceptive, fraudulent, and wrongful conduct in the nature
of intentional business disparagement, false representations, deceptive business practices,
defamation, and tortious interference with Plaintiff’s business relationships.
187. By virtue of Defendants' wrongful conduct, Defendants have illegally received money and
profits that rightfully belong to Plaintiff.
188. Upon information and belief, Defendants hold the illegally received money and profits in
the form of bank accounts, real property, or personal property that can be located and traced.
189. Defendants hold the money and profits it has illegally received as a constructive trustee

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for the benefit of Plaintiff.
WHEREFORE, Plaintiff, MATE SERIES, INC., requests that the Court enter Judgment
in its favor as follows:
A. That each Defendant has infringed upon the ‘385 Patent.
B. That each Defendant has infringed upon the ‘386 Patent.
C. That each Defendant has infringed upon the ‘807 Patent.
D. That each Defendant has infringed upon the ‘808 Patent.
E. That each Defendant has infringed upon the ‘962 Patent.
F. That each Defendant has infringed upon the ‘963 Patent.
G. That each Defendant has infringed upon the ‘277 Patent.
H. That each Defendant, including their officers, directors, shareholders, employees,
servants, agents, affiliates, subsidiaries, successors, others controlled by them, and all
persons or entities acting in concert of participation with any of them, from further
infringement of all the subject Patents.
I. That each Defendant be required to pay damages adequate to compensate Plaintiff for
their wrongful infringing acts, in accordance with 35 U.S.C. § 284.
J. That each Defendant be required to pay increased damages up to three times, in
accordance with 35 U.S.C. § 284, in view of their willful and deliberate infringement
of the subject Patents.
K. That the Court find that this is an exceptional case, under 35 U.S.C. § 285, and award
Plaintiff its costs, including a reasonable attorneys’ fee, and other expenses incurred
in connection with this action.
L. That each Defendant be required to pay pre-judgment interest under 35 U.S.C. § 284

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and post-judgment interest under 28 U.S.C. § 1961, on all damages awarded.
M. That an accounting be ordered of Defendants.
N. That the Court determine that any proceeds received by Defendants from sales of any
of the subject products on which Plaintiff holds a valid patent, be held in constructive
trust for Plaintiff’s benefit.
O. That the Court enter any such other relief which it determines is appropriate and
proper.
DEMAND FOR JURY
Plaintiff hereby demands a trial by jury as to all issues so triable.
A
Digitally signed by Stuart M. Address, Esq.
DN: cn=Stuart M. Address, Esq., o=Stuart
M. Address, P.A., ou,
[email protected], c=US
S M Date: 2018.02.14 09:14:50 -05'00'
Stuart M. Address, Esq. (FBN 989606)

[email protected]
611 S.W. Federal Highway, Suite A
Stuart, Florida 34994
Telephone: (772) 781-8003
Facsimile: (772) 781-8005
Counsel for Plaintiff

EXHIBIT A TO COMPLAINT
COMPLAINT EXHIBIT B (THE PATENTS)
ipm US00D59I385S
CI2) United States Design Patent dm Paiem No.: US 0591,3858

Baltes (45) Date of Patent: Apr. 28,2009
(54) FLSIIINC; KOU AM) BUVFIUVGICIIOLDKK 0499.789 S * I2 2«J<M Ikidgc^aicr D22 147
♦ cited by examiner
(75) Inventor; MicfatKl Bultn. Ilohc SouiaL i-'L(US)
Primary-Exuminrr Catlierine R Oliver
(73) As-signw; MTB l)c«tgn%. Ioc.m 1tube Simnd Ft {74)Attorney. Agtni, orfimj—Mcllab? & Slavin,P..A,
(US)
(57) CIAIM
(••) Term: 14 Year*
The omamenml design for a hshiog rod .'ind beverage bolder,
(21) Appl. No.; 29/323,479 as shown ami described.
(22) Fileil; Aug. 2d, 2008 DKSCRIPTIO.N

FKi, 1 is a lop perspective vtcvv of the fishing rtniand bcver-
(51) L0C:(9)a. 22-05 tige holder of the instant invention;
(52) UJ5.a D22/147
FMj. 2 is a lop perspective view thereof;
(58) Field of Clawlfieallon Search D22/I47 148.
D22.-138 1.39; 43/21.2. 16 181. 18.5. 19. FIG.3 is n rigltl side view thereof, the lelt side view^ being a
4.3^9.1; 248/156.511, 519, 530 532. 545; mirror image tliereuf;
D3/255.319 320; 011/182; 06/552 553 FHl. 4 is H rear view ihcrvof;
See application file for complete search histc«>'. FIG, 5 is a front view thereof;
(56) itefereoces Cited FIG. 6 is a view thereof, and.
U.S. PAll/N'r IXX'UMI'NTS IIG. 7 is ft boiiora view theroof

The portions of the Figures slwwn in bn>ken lines are for
D3.t2.342 S ♦ M 1994 .\fck D22 147
m77,.W .S • I 1997 MalhC3»«,n - D22 147
iUustrative purposes only and form no part of the claimed
om.m S • 2 1998 Sidamleinl ............. 1)22 H7
design.
IW99367 S - 101998 Sidandcial D22 147
0461.521 S • S 20O2 Krueger D22 147 I Claim, 5 Drawing Sheets
/
in US00D59 ms
(12) United States Design Patent (10) Patent No.; US 0591,386 S

Baltes (45) Date of Patent: Apr. 28,2009
(54) KiSlllNG ROD .AND BKVKR^Uii: HOLDER l>49^J.71fJ S • I2 20<M D22 147
* cited by cxainioer
Oi) inventor: Mkfaaei Baltei, HobeSouud. I'L (US)
Primary Examiner—Culhcrine R Oliv-er
(73) Assignee: MTB Designs. Inc., Hobe Sound, FL (74) .4ge»jf, or lirm—McUale & Sliivin.PA.
(US)
(57) <TAr\t
(••) Term: 14 Years
Theomamoilal design ibr a fishingrod and beverageholder,
as shown and described.
(21) Appl No.: 29/323,473
DESCRIPTION
(22) Filed: Au|u26.200a
FIO. 1 B a top perspective view ofthe fishing rod and bever
(51) LOC(9)a. 22-0$ age bolder of the iustani invention;
(52) U«S.CT D22/148 1Ki. 2 is u tt^ perspectiveview tlicreof;
(58) Field of aassificatlonSeareh D22'147 148, Flo. 3 is u riglilside view thereof,the let) side view being a
D22^1.38 139; 4.3/2IJ. 17. 16: 24W5M, i»im»r Inwgc thcretvf;
248.'545. 530-531, 156 FKi. 4 b a rear view thereof;
See ^plicaiioQ iilc for complete search htstOtr>'. FKi. 5 is a front view thereof:
(56) References Cited FlCt. 6 is a t<k^ view thereof; and,
U.S. KAfFN"!' IXXTIMBNTS FIG. 7 is a bi>iiom view theax)!'.
Tl» portions of the Figinvs shown in broken lines are for
IW52J42 S ♦ II l')94 AKk D22 H7 illustrative purposes urUy and form no part of the claimed
D381..392 S • 7 1997 DoiUng 022-148 design.
D386.557 S • II 1997 Ibompsoo D22 147
I>49l,624 S * 6 20O4 Jr. D22 HK I Claim, S Dravdttg 5%«et«
\ S-x
"xX
A y, V V. <>•
''..A V >>x'
•nil in ill! US008640377B2
(12) United States Patent (10) Patent No.: US 8,640,377 B2

Baltes (45) Date of Patent: Feb. 4,2014
(54) FISHING ROD AND BEVERAGE HOLDER 4,682,438 A 7/1987 Arrow 43/21.2
4,749,162 A 6/1988 Wanzor 114/364
4,778,141 A 10/1988 Bogar 43/21.2
(75) Inventor: Michael Baltes, Hobe Sound, FL (US) 4,836,127 A 6/1989 Wille 43/21.2
4,856,220 A 8/1989 Oak et al 43/21.2
(73) Assignee: MTB Designs, Inc., Hobe Sound, FL 4,876,980 A 10/1989 Bell, III 43/21.2
(US) 4,887,375 A 12/1989 Shedd et al 43/21.2
4,919,316 A 4/1990 Graubeiger 43/21.2
( *) Notice: Subject to any disclaimer, the term of this 5,052,649 A 10/1991 Hunnicutt .... 248/311.2
5,054,738 A 10/1991 Harding 43/21.2
patent is extended or adjusted imder 35 5,065,540 A 11/1991 Potter, Jr. 43/21.2
U.S.C. 154(b) by 444 days. 5,070,638 A 12/1991 Tregaskis 43/21.2
5,088,673 A 2/1992 Chandler .... 248/311.2
(21) Appl. No.: 12/612,852 5,102,085 A 4/1992 Wieczorek et al. ... 224/926
5,163,244 A 11/1992 Rupp 43/21.2
5,301,451 A 4/1994 VanAssche 43/21.2
(22) Filed: Nov. 5,2009
5,676,340 A 10/1997 Ruhnau 224/926
5,897,041 A 4/1999 Ney et al 224/926
(65) Prior Publication Data 5,987,803 A 11/1999 White 43/21.2
6,626,409 B1 9/2003 Thompson 43/21.2
US 2011/0099883 A1 May 5,2011
(Continued)
(51) Int.Cl. Primary Examiner — Darren W Ark
AOIK 97/10 (2006.01)
(74) Attorney, Agent, or Firm — McHale& Slavin, P.A.
(52) U.S.C1.
USPC 43/21.2; 114/364; 224/922; 224/926; (57) ABSTRACT
224/406; 248/511; 248/523; 248/311.2
(58) Field of Classification Search Acombined fishing rodandbeverage holderfor insertion into
USPC 43/21.2; 224/922, 926,406, 567; and removalfrom an opening in a marinevesselis disclosed.
248/523, 511, 311.2; 114/364, 255 The combined fishing rod and beverage holder includes a
See application file for complete search history. substantially tubular hollow cylindrical member which is
formedwith an upper portion and a lowerportion.The upper
(56) References Cited portionhasa diameterwhichis largerthanthediameterof the
lower portion.The diameterof the upper portion enables a
U.S. PATENT DOCUMENTS beveragecontainer with or without an insulatingjacket to be
placed within and retained within the upper portion of the
2,946,546 A 7/1960 Pokomy et al 248/534 combined rod and beverage holder. The upper portion
2,981,509 A 4/1961 Messenger et al 248/538
3,964,706 A 6/1976 Adams 43/21.2
includesan outwardlyprojecting flangewhich includesaper
4,062,299 A 12/1977 Smith 114/364 tures through which fasteners can be placed to secure the
D261,581 S 11/1981 Buchanan D22/147 combined rod and beverage holder to a surface, such as a
4,375,731 A 3/1983 Budd 43/21.2 gunwaleof a marinevessel.Othertypesor securedevicescan
4,425,729 A 1/1984 Miyamae 43/21.2
also be employed to secure the combined rod and beverage
4,485,579 A 12/1984 Hawie 43/21.2
4,578,891 A 4/1986 Murray 43/21.2 holder to any surface.
4,596,370 A 6/1986 Adkins .... 248/311.2
4,681,219 A 7/1987 Kitchens 224/920 14 Claims, 30 Drawing Sheets
Case 2:18-cv-14054-DMM Document 1-1 Entered on FLSD Docket 02/15/2018 Page 1 of 2
JS 44 (Rev. 12/12) 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.)
I. (a) PLAINTIFFS DEFENDANTS

MATE SERIES, INC. ALFA MARINE, CO., LTD, and JAMES PATRICK MORRIS, a sole
proprietorship, d/b/a WEST COAST MARINE HARDWARE, and
JOHN AND JANE DOE CORPORATIONS 1-10
(b) County of Residence of First Listed Plaintiff MARTIN 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)
STUART M. ADDRESS, P.A., STUART M. ADDRESS, ESQ., 611 SW
FEDERAL HIGHWAY, SUITE A, STUART, FLORIDA 34953,
772-781-8003, FBN 989606
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
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations
Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit
(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions
’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matters
’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Information
’ 362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Procedure
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes
’ 245 Tort Product Liability Accommodations ’ 530 General
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 USC 1, et seq.
VI. CAUSE OF ACTION Brief description of cause:
PATENT INFRINGEMENT
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
IF ANY (See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
Digitally signed by Stuart M. Address, Esq.
02/05/2018
FOR OFFICE USE ONLY
S
A M
DN: cn=Stuart M. Address, Esq., o=Stuart M.
Address, P.A., ou,
[email protected], c=US
Date: 2018.02.05 09:14:20 -05'00'
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Print Save As... Reset

JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
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 the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
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.
AO 440 (Rev. 06/12) Summons in a Civil Action

for the
__________ District
SOUTHERN DISTRICT of __________
OF FLORIDA
MATE SERIES, INC. )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
ALPHA MARINE CO., LTD., JAMES PATRICK )
MORRIS, a sole proprietorship, d/b/a WEST COAST )
MARINE HARDWARE, and JOHN & JANE DOE )
CORPORATIONS 1-10 )
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) JAMES PATRICK MORRIS

C/O WEST COAST MARINE HARDWARE
6687 EVERGLADES STREET
CORONA, CALIFORNIA 92880
or
14974 GRAYS PEAK AVENUE, FONTANA, CA 92336
A lawsuit has been filed against you.
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: STUART M. ADDRESS, P.A., STUART M. ADDRESS, ESQ. (FBN 989606), 611 SW
FEDERAL HIGHWAY, SUITE A, STUART, FLORIDA 34994, 772-781-8003
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
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ 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
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
__________ District
SOUTHERN DISTRICT of __________
OF FLORIDA
MATE SERIES, INC. )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
ALPHA MARINE CO., LTD., JAMES PATRICK )
MORRIS, a sole proprietorship, d/b/a WEST COAST )
MARINE HARDWARE, and JOHN & JANE DOE )
CORPORATIONS 1-10 )
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) ALPHA MARINE CO., LTD., a foreign corporation based in China.
c/o Mr. Weijun Gao
Room 1019, Block A, Tangchen Center, No. 288, Zhangyang Road, Shanghai, China
(200122200122)
or UNIT C 1208, NO. 158, Zhangyang Road, P, Shanghai, China (200122200122)
A lawsuit has been filed against you.
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: STUART M. ADDRESS, P.A., STUART M. ADDRESS, ESQ. (FBN 989606), 611 SW
FEDERAL HIGHWAY, SUITE A, STUART, FLORIDA 34994, 772-781-8003
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
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ 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
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

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Case 2:18-cv-14054-DMM Document 1 Entered on FLSD Docket 02/15/2018 Page 1 of 108

UNITED STATES DISTRICT COURT

MATE SERIES, INC., CASE No:

vs. JURY TRIAL DEMANDED

ALFA MARINE CO., LTD.,

Plaintiff, MATE SERIES, INC. (“Plaintiff” or “MSI”), by and through undersigned

counsel, hereby files this Complaint, against the Defendants as follows:

place of business in Martin County, Florida.

2. Defendant, JAMES PATRICK MORRIS, is a sole proprietorship, doing business as

WEST COAST MARINE HARDWARE (“WCM/MORRIS”), with its principal place of

business located in Riverside County, California. WCM/MORRIS was registered in Riverside

MARINE CO., LTD.

rights under several patents to be more fully described herein.

copy of the Assignment Agreement is attached hereto as Exhibit A.

9. The subject patents are as follows:

8,640,277 B2, 2/4/14

collectively, as “the patents”.

JURISDICTION AND VENUE

a. Defendant, WCM/MORRIS, sells product which infringe upon the patents

information and belief, within this District.

b. Defendant, WCM/MORRIS, sells various other of its products throughout the

belief, within this District.

c. Defendant, WCM/MORRIS, derives revenue from the sales of the subject

of Florida, and, upon information and belief, within this District.

d. Defendant, WCM/MORRIS, engages in sales activities utilizing sites such as

Amazon and eBay.

e. Defendant, AM, regularly engages in the sale of counterfeit goods, subject to

Law Offices of Stuart M. Address, P.A.

and, upon information and belief, within this District.

h. Defendant, JOHN & JANE DOE CORPORATION 1-10, or other business

entities based in China, regularly engage in the sale of counterfeit goods,

knowing and some unknowing of the infringing nature of the products,

i. Defendant, JOHN & JANE DOE CORPORATION 1-10, or other business

to consumers throughout the United States, including within the State of

Florida, and, upon information and belief, within this District.

j. Defendant, JOHN & JANE DOE CORPORATION 1-10, or other business

entities based in China, engage in sales activities utilizing sites such as

Amazon and eBay.

CORPORATIONS 1-10, or other business entities based in China, as follows:

i. E-Bay seller “suestore2014”, which identifies itself as “based in

China” and becoming an E-Bay member on October 20, 2013.

ii. E-Bay seller “annstore1201”, which identifies itself as “based in

Law Offices of Stuart M. Address, P.A.

China” and becoming an E-Bay member on December 1, 2013.

iii. E-Bay seller “dreamarine”, which identifies itself as “based in China”

and becoming an E-Bay member on December 28, 2016.

each of the referenced and identified patents is attached hereto as Exhibit B.

authority to prosecute any infringing activity, past, present, and future.

holders and beverage cup holders into a single product.

a beneficial conservation of space and financial impact.

Law Offices of Stuart M. Address, P.A.

inclusive, as if fully set forth herein.

the ‘385 Patent.

to suffer, irreparable harm for which there is no adequate remedy at law.

amount to be determined at trial.

inclusive, as if fully set forth herein

Law Offices of Stuart M. Address, P.A.

the ‘386 Patent.

to suffer, irreparable harm for which there is no adequate remedy at law.