Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 1 of 29 PageID 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS - DALLAS DIVISION

LURACO HEALTH & BEAUTY, LLC, §

Plaintiff, § Case No.
§
v. §
§ JURY TRIAL
VU TRAN, NGA VO, § DEMANDED
LUCY SAM’S SPA SUPPLY, INC., §
BURRY COSMETIC, INC. §
SAM’S SPA SUPPLY, INC., §
SAM’S NAIL SUPPLY INC., §
SAM’S NAIL SUPPLY SAN ANTONIO, INC., §
SAM-SPA HOLDING CO., INC., §
GTP INTERNATIONAL CORP., §
XUYEN CHAU LUC MFG. – TRADING CO., LTD. §
Defendants. §

LURACO HEALTH & BEAUTY, LLC’S ORIGINAL COMPLAINT

FOR PATENT INFRINGEMENT

Plaintiff Luraco Health & Beauty, LLC brings this action against defendants Vu Tran and

his business entities as herein named, for their manufacture, use, import, and sale of a children’s

pedicure spa and spa pumps that infringe Plaintiff’s patents.

I. PARTIES

1. Plaintiff Luraco Health and Beauty, LLC (“Plaintiff” or “Luraco”) is a Texas corporation

with principal place of business in Arlington, Texas and may be contacted through its counsel.

2. Defendant Vu Tran (“Tran”) is a resident of Richardson, Texas who may be served at his

business address, his business address at 5517 Enfield Drive, Richardson, Texas, 75082, his

residence at 5113 Cantera Court, Richardson, TX 75082, or wherever he may be found. Tran and

fellow defendant Nga Vo appear to manage or own the remaining defendants which follow.

3. Defendant Nga Vo (“Vo”) is wife of Vu Tran and also may be served at her business

address, 5517 Enfield Drive, Richardson, Texas, 75082, her residence at 5113 Cantera Court,

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Richardson, TX 75082, or wherever she may be found. She is listed as the owner of Defendant

Lucy Sam’s Spa Supply, Inc.

4. Defendant Lucy Sam’s Spa Supply, Inc. operates at 3212 N. Jupiter, Ste. 105, Garland,

Texas, 75044, and also does business as “Sam’s Spa Supply, Inc.” and other names at locations

in Texas and Oklahoma, and may be served by process to the previous address or to Vo at her

home or wherever she may be found.

5. Defendant Burry Cosmetic, Inc. operates at 3212 N. Jupiter in Garland, Texas, 75044,

was formed in May of 2013 by Nga Vo (Tran’s wife) and filed an assumed name of “Sam’s Spa

Supply” in Texas (just a few months before her husband dissolved “Sam’s Spa Supply, Inc.”).

6. Defendant Sam’s Spa Supply, Inc. (“Sam’s Spa”) is a Texas corporation which was

owned by Tran and, according to records with the Texas Secretary of State, was voluntarily

dissolved in September of 2013, a few months after Vo (Tran’s wife) adopted “Sam’s Spa

Supply, Inc.” as the assumed name of her Burry Cosmetic, Inc. While the actual owner of Sam’s

Spa is unclear, several stores are still operating in Texas and Oklahoma, and may be served at its

registered address for service by delivery of process to Vu Tran, its registered agent and

managing member as provided to the Texas Secretary of State, 5517 Enfield Drive, Richardson,

Texas, 75082.

7. Defendant Sam’s Nail Supply, Inc. (“Sam’s Nail”) was formed by Tran in December

2012 and a Texas for-profit corporation that may be served by delivery of process to Tran, its

registered agent and managing member, at his registered address for service as provided to the

Texas Secretary of State, 3325 W. Walnut Street, #500, Garland, Texas 75042, his home at 5113

Cantera Court, Richardson, TX 75082, or wherever he may be found.

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8. Defendant Sam’s Nail Supply San Antonio, Inc. (“Sam’s San Antonio”) is a Texas for-

profit corporation operating from its principal office in Richardson, Texas which can be served

to Vu Tran as discussed above.

9. Defendant Sam-Spa Holding Company, Inc. (“Sam’s Holdings”) was formed on April 28,

2017, is located at 5113 Cantera Court, Richardson, Texas, 75082-2768, where it may be served

with process to its registered agent, Vu Tran.

10. GTP International Corp. (“GTP”) is another Tran-operated Texas corporation located at

11090 Grader St, Dallas, TX 75238, and may also be served by delivery of process to its

president, Vu Tran, at 5517 Enfield Dr., Richardson, TX 75082, or wherever he may be found.

11. Defendant Xuyen Chau Luc Manufacturing - Trading Co., Ltd. (“Xuyen”) is located at 13

Street 9, Ward 13, District 6, Ho Chi Minh City, tax code 0303530912, in District 6 Tax

Department, and owned by Tran, who uses Xuyen to import patent-infringing products as

managed by Tran. It may be served to Tran at any of the above addresses.

II. JURISDICTION AND VENUE

12. These claims arise under the patent laws of the United States, 35 U.S.C. § 1 et seq., and

the Declaratory Judgment Act, 28 U.S.C. §§ 2201–2202. This Court has subject matter

jurisdiction over these claims pursuant to 28 U.S.C. §§ 1331, 1338(a), and 2201(a).

13. Defendant Tran resides in Garland, Texas, and therefore subject to personal jurisdiction

in the Northern District of Texas. Tran owns Sam’s Spa, Sam’s Nails, and Sam’s San Antonio

(corporately, “Sam Businesses”), as well as GTP, which manufactures and supplies the other

entities with a children’s spa and spa pump. Tran operates his businesses from the Northern

District, including the decision for the Sam Businesses to infringe Plaintiff’s patents, as

discussed infra, making those businesses also subject to jurisdiction and venue before this Court.

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III. FACTUAL BACKGROUND

14. Luraco owns the exclusive right to exploit and enforce several patents, including:

a. Utility patent no. 9,926,933 (“the ‘933 patent”) issued March 27, 2018 which disclosed

a bearing and shaft assembly and associated jet assembly, housing, and methods, as

shown on Exhibit A and incorporated here;

b. Design patent no. D622,736 (“the D‘736 patent”) for a Jet Pump Housing, which

disclosed a spa housing and cap, as shown on Exhibit B and incorporated here; and

c. Design patent no. D751,723 (“the D‘723 patent”) for a Foot Spa, which disclosed an

ornamental design for a child’s foot spa, as shown on Exhibit C and incorporated here.

15. Defendants are directly infringing and inducing others to infringe the above patents

(“Patents-In-Suit”) by making, using, and offering to sell products which practice their claims.

16. Specifically, Defendant Tran directs the Sam Businesses to manufacture, use, import, and

sell products which infringe the Patents-In-Suit, including but not limited to:

a) a jet pump, as shown on Exhibit D (“Sam’s Accused Pump”), which infringes claims

of the ‘933 and D’736 patents,

b) a children’s pedicure spa (“Sam’s Accused Pedicure Spa”), also sold through Sam’s

Spa as shown on Exhibit E, identified as the Bellagio model and made by GTP, which

infringes the design disclosed in the D‘723 patent.

17. Specifically, Defendant GTP manufactures and sells the Bellagio model children’s

pedicure spa to nail salons, including the Sam Businesses Entities.

18. Since Sam’s Accused Pump has been available, Plaintiff has noted that its sales to the

Sam Businesses have dramatically decreased to zero. Plaintiff has also been informed that

Defendants are offering Sam’s Accused Pump to the salon market.

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19. Since Sam’s Accused Pedicure Spa has been available, Plaintiff has noted that its sales to

the Sam Businesses for Plaintiff’s children’s pedicure spa have dramatically decreased to zero.

20. As a result of the infringement by Tran and his business entities of the Patents–In-Suit,

Plaintiff has suffered business losses and will continue to suffer damage. This damage is

irreparable, as the blatant actions encourage other industry players to ignore patents and

intellectual property, damaging markets so that previous customers of Plaintiff will seek the less

expensive product, irrespective of quality, as the appearance is the same as Plaintiff’s. Without

the Court’s equitable intervention in the form of injunctive relief, Plaintiff will continue to suffer

this irreparable harm – for which there is no adequate remedy at law.

21. In June 2018, Plaintiff sent a first letter by certified mail demanding that Tran and his

entities cease their unlawful infringement, to which Luraco received no response. Exhibit F.

22. In July 2018, Plaintiff sent a second letter by certified mail demanding that Tran and his

entities cease their unlawful infringement, and again, Luraco received no response. Exhibit G.

23. As detailed above, Defendants have been aware of the patents herein described but have

deliberately copied Plaintiff’s inventions protected by patents anyway, continuing to do so even

after Plaintiff attempted to work with them. Defendants have opted to continue their illegal

actions in spite of those efforts, and continuing their actions unabated at the filing of this suit.

IV. JOINT BUSINESS ENTERPRISE – CIVIL CONSPIRACY

24. Vu Tran, the Sam Businesses, his wife’s business, and Xuyen should be considered a

joint business enterprise as recognized in Texas law for purposes of adjudicating this dispute.

Triplex Commc’ns, Inc. v. Riley, 900 S.W.2d 716, 718-19 (Tex. 1995). All Defendants are

controlled by Tran and are part of one series of retail stores.

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V. PATENT ALLEGATIONS CONCERNING THE ‘933 PATENT

25. Claim 1:

a. Sam’s Accused Pump includes a sleeve-type, bearing assembly comprising an outer

bearing member and a sleeve-type, inner bearing member.

b. Further, the aforementioned outer bearing member comprises a body comprising a first

end, a second end, and a cavity extending from said first end to said second end, the cavity of

said body is dimensioned and configured for receiving said sleeve-type, inner bearing member

wherein said outer bearing member is dimensioned and configured for fitting within a cavity of a

magnetic impeller of the jet assembly of the magnetic coupling-type pump used for displacing

the fluid to the environment, and wherein said outer bearing member is manufactured of a plastic

material or engineered plastics.

c. Further, Sam’s Accused Pump’s aforementioned sleeve-type, inner bearing member

comprises a body comprising a first end, a second end, and a cavity extending from said first end

to said second end of said body of said sleeve-type, inner bearing member, wherein said sleeve-

type, inner bearing member is dimensioned and configured for fitting within said cavity of said

body of said outer bearing member and within the cavity of the magnetic impeller of the jet

assembly, and wherein said sleeve-type, inner bearing member is manufactured of rubber or a

rubber-like material.

d. Further, Sam’s Accused Pump’s aforementioned outer bearing member and said sleeve-

type, inner bearing member, when in operational use, are positioned adjacent to one another and

are aligned axially with one another.

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e. Further, Sam’s Accused Pump’s aforementioned shaft assembly comprising a shaft

member and a shaft protection member, wherein said shaft assembly is adapted for being secured

at a predetermined location within a housing of the jet assembly,

f. Further, the Sam’s Accused Pump’s aforementioned shaft protection member comprises a

body comprising a first end, a second end, and a cavity extending from said first end to said

second end of said body of said shaft protection member, wherein said cavity of said body of

said shaft protection member is dimensioned and configured for receiving said shaft member,

wherein said shaft protection member is dimensioned and configured for fitting within said

cavity of said body of said sleeve-type, inner bearing member and within the cavity of the

magnetic impeller of the jet assembly, and wherein said shaft protection member is manufactured

of a hard material.

g. Further, Sam’s Accused Pump’s aforementioned shaft member comprises a body

comprising a first end and a second end, and wherein said shaft member is dimensioned and

configured for fitting within said cavity of said body of said shaft protection member and within

the cavity of the magnetic impeller of the jet assembly.

h. Further, Sam’s Accused Pump’s aforementioned shaft member, when in operational use,

said shaft member and said shaft protection member are positioned within said cavity of said

body of said sleeve-type, inner bearing member, which is positioned within said cavity of said

body of said outer bearing member.

i. Further, the Sam’s Accused Pump, when in operational use, the aforementioned outer

bearing member, said sleeve-type, inner bearing member, said shaft protection member, and said

shaft member are all positioned within the cavity of the magnetic impeller of the jet assembly,

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wherein (again when in operational use), the magnetic impeller of the jet assembly is rotatory

within the housing of the jet assembly such that fluid is displaced to the environment.

26. Claim 2: The Sam’s Accused Pump comprises a bearing and shaft assembly described

previously under Claim 1, wherein said shaft protection member further comprises a base

comprising a cavity, and wherein said body of said shaft protection member extends upwardly

from said base of said shaft protection member, and wherein said cavity of said base of said shaft

protection member is dimensioned and configured for receiving said shaft member.

27. Claim 3: Sam’s Accused Product includes a bearing and shaft assembly as described in

claim 1, wherein said base of said shaft protection member has a central hole.

28. Claim 4: Sam’s Accused Pump includes a bearing and shaft as described in claim 1,

wherein said hard material of said shaft protection member is ceramic or a ceramic-type material.

29. Claim 5: Sam’s Accused Pump includes a bearing and shaft assembly as described in

claim 1, wherein said shaft protection member is polished.

30. Claim 6: Sam’s Accused Pump includes a bearing and shaft assembly as described in

claim 1, wherein said shaft assembly is secured about a center of an inner surface of a bottom of

the housing of the jet assembly.

31. Claim 7: Sam’s Accused Pump includes a bearing and shaft assembly as described in

claim 1, wherein said shaft assembly and said bearing assembly align an axis of rotation of the

magnetic impeller with an axis of rotation of a driving magnetic plate mounted to a motor, and

said shaft assembly is secured to a bottom of the housing of the jet assembly and said bearing

assembly is secured to the center of the magnetic impeller within the housing of the jet assembly.

32. Claim 8: Sam’s Accused Pump includes a bearing and shaft assembly as described in

claim 2, wherein a portion of said outer bearing member and said first end of said body of said

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sleeve-type, inner bearing member are substantially flush with a rear side of the magnetic

impeller when said outer bearing member and said sleeve-type, inner bearing member are

positioned within the cavity of the magnetic impeller of the jet assembly.

33. Claim 9: Sam’s Accused Pump includes a bearing and shaft assembly as described in

claim 8, wherein said outer bearing member further comprises a base comprising a cavity,

wherein said body of said outer bearing member extends upwardly from said base of said outer

bearing member, and wherein said cavity of said base of said outer bearing member is

dimensioned and configured for receiving said sleeve-type, inner bearing member.

34. Claim 10: Sam’s Accused Pump includes a bearing and shaft assembly as described in

Claim 2, wherein said shaft assembly is secured about a center of an inner surface of a bottom of

the housing of the jet assembly.

35. Claim 11: Sam’s Accused Pump includes a bearing and shaft assembly as described in

Claim 2, wherein said shaft assembly and said bearing assembly align an axis of rotation of the

magnetic impeller with an axis of rotation of a driving magnetic plate mounted to a motor, and

wherein said shaft assembly is secured to a bottom of the housing of the jet assembly and said

bearing assembly is secured to the center of the magnetic impeller within the housing of the jet

assembly.

36. Claim 12: Sam’s Accused Pump includes a bearing and shaft assembly as described in

Claim 1, wherein, when in operational use, said shaft assembly is stationary.

37. Claim 13: Sam’s Accused Pump includes a bearing and shaft assembly as described in

Claim 1, wherein said shaft member is manufactured of steel or a metal material.

38. Claim 14: Sam’s Accused Pump includes a bearing and shaft assembly as described in

Claim 1, wherein a base of said shaft protection member has a central hole.

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39. Claim 15: Sam’s Accused Pump includes a bearing and shaft assembly as described in

Claim 1, wherein the fluid is displaced to a spa environment.

40. Claim 16: Sam’s Accused Pump includes a bearing and shaft assembly as described in

Claim 2, wherein the fluid is displaced to a spa environment.

41. Claim 17: Sam’s Accused Pump includes a bearing and shaft assembly as described in

Claim 9, wherein said base of said outer bearing member has a central hole.

42. Claim 18:

a. The Sam’s Accused Pump includes a bearing and shaft assembly adapted for use in a jet

assembly of a magnetic coupling-type pump used for displacing a fluid to an environment, said

improved bearing and shaft assembly comprising a sleeve-type, bearing assembly comprising an

outer bearing member and a sleeve-type, inner bearing member, wherein said outer bearing

member comprises a body that comprises a first end, a second end, and a cavity extending from

said first end to said second end, wherein said cavity of said body is dimensioned and configured

for receiving said sleeve-type, inner bearing member, and wherein said outer bearing member is

dimensioned and configured for fitting within a cavity of a magnetic impeller of the jet assembly

of the magnetic coupling-type pump used for displacing the fluid to the environment, wherein

said sleeve-type, inner bearing member comprises a body comprising a first end, a second end,

and a cavity extending from said first end to said second end of said body of said sleeve-type,

inner bearing member, and wherein said sleeve-type, inner bearing member is dimensioned and

configured for fitting within said cavity of said body of said outer bearing member and within the

cavity of the magnetic impeller of the jet assembly, and wherein said outer bearing member and

said sleeve-type, inner bearing member, when in operational use, are positioned adjacent to one

another and are aligned axially with one another; and a shaft assembly comprising a shaft

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member and a shaft protection member, wherein said shaft assembly is adapted for being secured

at a predetermined location within a housing of the jet assembly.

b. Further, the Sam’s Accused Pump’s aforementioned shaft protection member comprises a

base and a body extending upwardly from said base of said shaft protection member, wherein

said base of said shaft protection member comprises a cavity, wherein said body of said shaft

protection member comprises a first end, a second end, and a cavity extending from said first end

to said second end of said body of said shaft protection member, wherein each of said cavity of

said base and said cavity of said body of said shaft protection member is dimensioned and

configured for receiving said shaft member, and wherein said shaft protection member is

dimensioned and configured for fitting within said cavity of said body of said sleeve-type, inner

bearing member and within the cavity of the magnetic impeller of the jet assembly, wherein said

shaft member comprises a body that comprises a first end and a second end, and wherein said

shaft member is dimensioned and configured for fitting within said cavity of said body of said

shaft protection member and within the cavity of the magnetic impeller of the jet assembly,

wherein, when in operational use, said shaft member and said shaft protection member are

positioned within said cavity of said body of said sleeve-type, inner bearing member, which is

positioned within said cavity of said body of said outer bearing member, wherein, when in

operational use, said outer bearing member, said sleeve-type, inner bearing member, said shaft

protection member, and said shaft member are all positioned within the cavity of the magnetic

impeller of the jet assembly, and wherein, when in operational use, the magnetic impeller of the

jet assembly is rotatory within the housing of the jet assembly such that fluid is displaced to the

environment.

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43. Claim 19: The Sam’s Accused Pump includes a shaft assembly described by Claim 18,

wherein said base of said shaft protection member has a central hole.

44. Claim 20: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, wherein said outer bearing member is manufactured of a plastic material or engineered

plastics.

45. Claim 21: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, a bearing and shaft assembly according to claim 18, wherein said sleeve-type, inner

bearing member is manufactured of rubber or a rubber-like material.

46. Claim 22: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, wherein said shaft member is manufactured of steel or a metal material.

47. Claim 23: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, wherein said shaft protection member is manufactured of a hard material.

48. Claim 24: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 23, wherein said hard material is ceramic or a ceramic-type material.

49. Claim 25: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, wherein said shaft protection member is polished.

50. Claim 26: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, engineered plastics, wherein said sleeve-type, inner bearing member is manufactured

of rubber or a rubber-like material, wherein said shaft member is manufactured of steel or a

metal material, and wherein said shaft protection member is manufactured of a hard material.

51. Claim 27: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 26, wherein said hard material is ceramic or a ceramic-type material.

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52. Claim 28: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 26, wherein said shaft protection member is polished.

53. Claim 29: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, wherein said shaft assembly is secured about a center of an inner surface of a bottom

of the housing of the jet assembly.

54. Claim 30: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, wherein said shaft assembly and said bearing assembly align an axis of rotation of the

magnetic impeller with an axis of rotation of a driving magnetic plate mounted to a motor, and

wherein said shaft assembly is secured to a bottom of the housing of the jet assembly and said

bearing assembly is secured to the center of the magnetic impeller within the housing of the jet

assembly.

55. Claim 31: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, wherein said outer bearing member further comprises a base, wherein said base of said

outer bearing member and said first end of said body of said sleeve-type, inner bearing member

are substantially flush with a rear side of the magnetic impeller when said outer bearing member

and said sleeve-type, inner bearing member are positioned within the cavity of the magnetic

impeller of the jet assembly.

56. Claim 32: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 31, wherein at least one of said base of said outer bearing member and said base of said

shaft protection member is a base having a central hole.

57. Claim 33: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 31, wherein said shaft assembly is secured about a center of an inner surface of a bottom

of the housing of the jet assembly.

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58. Claim 34: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 31, wherein said shaft assembly and said bearing assembly align an axis of rotation of the

magnetic impeller with an axis of rotation of a driving magnetic plate mounted to a motor, and

wherein said shaft assembly is secured to a bottom of the housing of the jet assembly and said

bearing assembly is secured to the center of the magnetic impeller within the housing of the jet

assembly.

59. Claim 35: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, wherein, when in operational use, said shaft assembly is stationary.

60. Claim 36: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 18, wherein the fluid is displaced to a spa environment.

61. Claim 37: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 31, wherein the fluid is displaced to a spa environment.

62. Claim 38:

a) The Sam’s Accused Pump comprises a jet assembly of a magnetic coupling-type pump

used for displacing a fluid to an environment, said jet assembly comprising a housing comprising

at least one inlet aperture and at least one outlet aperture and defining a chamber, wherein said at

least one inlet aperture is disposed about said housing and is dimensioned and configured to

allow a fluid to pass through said at least one inlet aperture and enter into said chamber of said

housing, and wherein said at least one outlet aperture is disposed about said housing and is

dimensioned and configured to allow the fluid to pass through said at least one outlet aperture

and exit from said chamber of said housing into the environment.

b) Further, the Sam’s Accused Pump comprises a magnetic impeller defining a cavity,

wherein said magnetic impeller is positioned within said chamber of said housing and configured

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to rotate within said chamber of said housing whereby rotation of said magnetic impeller causes

the fluid to flow through said at least one inlet aperture and enter into said chamber of said

housing and to flow through said at least one outlet aperture and exit from said chamber of said

housing.

c) Further, the Sam’s Accused Pump comprises a bearing and shaft assembly comprising a

sleeve-type, bearing assembly and a shaft assembly, wherein said sleeve-type, bearing assembly

comprises an outer bearing member and a sleeve-type, inner bearing member, wherein said outer

bearing member comprises a body that comprises a first end, a second end, and a cavity

extending from said first end to said second end, wherein said cavity of said body is dimensioned

and configured for receiving said sleeve-type, inner bearing member, and wherein said outer

bearing member is dimensioned and configured for fitting within said cavity of said magnetic

impeller, wherein said sleeve-type, inner bearing member comprises a body comprising a first

end, a second end, and a cavity extending from said first end to said second end of said body of

said sleeve-type, inner bearing member, and wherein said sleeve-type, inner bearing member is

dimensioned and configured for fitting within said cavity of said body of said outer bearing

member and within said cavity of said magnetic impeller, wherein said outer bearing member

and said sleeve-type, inner bearing member, when in operational use, are positioned adjacent to

one another and are aligned axially with one another, wherein said shaft assembly comprises a

shaft member and a shaft protection member, wherein said shaft assembly is adapted for being

secured at a predetermined location within said housing of said jet assembly, wherein said shaft

member comprises a body that comprises a first end and a second end, and wherein said shaft

member is dimensioned and configured for fitting within said cavity of said body of said shaft

protection member and within said cavity of said magnetic impeller, wherein said shaft

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protection member comprises a base and a body extending upwardly from said base of said shaft

protection member, wherein said base of said shaft protection member comprises a cavity,

wherein said body of said shaft protection member comprises a first end, a second end, and a

cavity extending from said first end to said second end of said body of said shaft protection

member, wherein each of said cavity of said base and said cavity of said body of said shaft

protection member is dimensioned and configured for receiving said shaft member, and wherein

said shaft protection member is dimensioned and configured for fitting within said cavity of said

body of said sleeve-type, inner bearing member and within said cavity of said magnetic impeller,

wherein, when in operational use, said shaft member and said shaft protection member are

positioned within said cavity of said body of said sleeve-type, inner bearing member, which is

positioned within said cavity of said body of said outer bearing member, wherein, when in

operational use, said outer bearing member, said sleeve-type, inner bearing member, said shaft

protection member, and said shaft member are all positioned within said cavity of said magnetic

impeller, and wherein, when in operational use, said magnetic impeller is rotatory within said

housing of said jet assembly such that fluid is displaced to the environment.

63. Claim 39: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 38, wherein said base of said shaft protection member is a base having a central hole.

64. Claim 40: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 38, wherein said outer bearing member is manufactured of a plastic material or engineered

plastics.

65. Claim 41: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 38, wherein said sleeve-type, inner bearing member is manufactured of rubber or a rubber-

like material.

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66. Claim 42: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 38, wherein said shaft member is manufactured of steel or a metal material.

67. Claim 43: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 38, wherein said shaft protection member is manufactured of a hard material.

68. Claim 44: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 43, wherein said hard material is ceramic or a ceramic-type material.

69. Claim 45: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 38, wherein said shaft protection member is polished.

70. Claim 46: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 38, wherein said outer bearing member is manufactured of a plastic material or engineered

plastics, wherein said sleeve-type, inner bearing member is manufactured of rubber or a rubber-

like material, wherein said shaft member is manufactured of steel or a metal material, and

wherein said shaft protection member is manufactured of a hard material.

71. Claim 47: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 46, wherein said hard material is ceramic or a ceramic-type material.

72. Claim 48: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 46, wherein said shaft protection member is polished.

73. Claim 49: The Sam’s Accused Pump includes a bearing and shaft assembly described by

Claim 46, wherein said jet assembly is adapted for being coupled to a motor assembly of the

magnetic coupling pump wherein said magnetic impeller comprises a magnetic pole array,

wherein the motor assembly comprises a motor, a magnetic pole array, and a motor shaft

member adapted for being rotated such that a magnetic field generated by the magnetic pole

array of the motor assembly moves or fluctuates in accordance with the rotation of the magnetic

Original Petition, Luraco Health v. Vu Tran, et al. Page 17

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 18 of 29 PageID 18

pole array of the motor assembly, wherein the motor drives the magnetic pole array, wherein the

magnetic field moves and/or causes rotation of said magnetic pole array of said magnetic

impeller, and wherein rotation of said magnetic impeller results in the fluid being drawn towards

said magnetic impeller through said at least one inlet aperture and the fluid to be propelled out of

said jet assembly through said at least one outlet aperture.

74. Claim 50

a) The Sam’s Accused Pump includes a magnetic coupling-type pump used for displacing a

fluid to an environment, said pump comprising: 1) a motor assembly comprising a motor; and 2)

a jet assembly comprising a housing comprising at least one inlet aperture and at least one outlet

aperture and defining a chamber, wherein said at least one inlet aperture is disposed about said

housing and is dimensioned and configured to allow a fluid to pass through said at least one inlet

aperture and enter into said chamber of said housing, and wherein said at least one outlet

aperture is disposed about said housing and is dimensioned and configured to allow the fluid to

pass through said at least one outlet aperture and exit from said chamber of said housing into the

environment.

b) Further, the aforementioned magnetic impeller defining a cavity, wherein said magnetic

impeller is positioned within said chamber of said housing and configured to rotate within said

chamber of said housing whereby rotation of said magnetic impeller causes the fluid to flow

through said at least one inlet aperture and enter into said chamber of said housing and to flow

through said at least one outlet aperture and exit from said chamber of said housing.

c) Further, the Sam’s Accused Pump includes a bearing and shaft assembly comprising a

sleeve-type, bearing assembly and a shaft assembly, wherein said sleeve-type, bearing assembly

comprises an outer bearing member and a sleeve-type, inner bearing member, wherein said outer

Original Petition, Luraco Health v. Vu Tran, et al. Page 18

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 19 of 29 PageID 19

bearing member comprises a body that comprises a first end, a second end, and a cavity

extending from said first end to said second end, wherein said cavity of said body is dimensioned

and configured for receiving said sleeve-type, inner bearing member, and wherein said outer

bearing member is dimensioned and configured for fitting within said cavity of said magnetic

impeller, wherein said sleeve-type, inner bearing member comprises a body comprising a first

end, a second end, and a cavity extending from said first end to said second end of said body of

said sleeve-type, inner bearing member, and wherein said sleeve-type, inner bearing member is

dimensioned and configured for fitting with said cavity of said body of said outer bearing

member and within said cavity of said magnetic impeller, wherein said outer bearing member

and said sleeve-type, inner bearing member, when in operational use, are positioned adjacent to

one another and are aligned axially with one another, wherein said shaft assembly comprises a

shaft member and a shaft protection member, wherein said shaft assembly is adapted for being

secured at a predetermined location within said housing of said jet assembly, wherein said shaft

member comprises a body that comprises a first end and a second end, and wherein said shaft

member is dimensioned and configured for fitting within said cavity of said body of said shaft

protection member and within said cavity of said magnetic impeller, wherein said shaft

protection member comprises a base and a body extending upwardly from said base of said shaft

protection member, wherein said base of said shaft protection member comprises a cavity,

wherein said body of said shaft protection member comprises a first end, a second end, and a

cavity extending from said first end to said second end of said body of said shaft protection

member, wherein each of said cavity of said base and said cavity of said body of said shaft

protection member is dimensioned and configured for receiving said shaft member, and wherein

said shaft protection member is dimensioned and configured for fitting within said cavity of said

Original Petition, Luraco Health v. Vu Tran, et al. Page 19

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 20 of 29 PageID 20

body of said sleeve-type, inner bearing member and within said cavity of said magnetic impeller,

wherein, when in operational use, said shaft member and said shaft protection member are

positioned within said cavity of said body of said sleeve-type, inner bearing member, which is

positioned within said cavity of said body of said outer bearing member, wherein, when in

operational use, said outer bearing member, said sleeve-type, inner bearing member, said shaft

protection member, and said shaft member are all positioned within said cavity of said magnetic

impeller, and wherein, when in operational use, said magnetic impeller is rotatory within said

housing of said jet assembly such that fluid is displaced to the environment.

75. Claim 51: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 50, wherein said outer bearing member is manufactured of a plastic material

or engineered plastics.

76. Claim 52: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 50, wherein said sleeve-type, inner bearing member is manufactured of

rubber or a rubber-like material.

77. Claim 53: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 50, wherein said shaft member is manufactured of steel or a metal material.

78. Claim 54: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 50, wherein said shaft protection member is manufactured of a hard material.

d) Claim 55: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 54, wherein said hard material is ceramic or a ceramic-type material.

79. Claim 56: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 50, wherein said shaft protection member is polished.

Original Petition, Luraco Health v. Vu Tran, et al. Page 20

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 21 of 29 PageID 21

80. Claim 57: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 50, wherein said outer bearing member is manufactured of a plastic material

or engineered plastics, wherein said sleeve-type, inner bearing member is manufactured of

rubber or a rubber-like material, wherein said shaft member is manufactured of steel or a metal

material, and wherein said shaft protection member is manufactured of a hard material.

81. Claim 58: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 57, wherein said hard material is ceramic or a ceramic-type material.

82. Claim 59: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 57, wherein said shaft protection member is polished.

83. Claim 60: The Sam’s Accused Pump includes the magnetic coupling-type pump

according to Claim 50, wherein said magnetic impeller comprises a magnetic pole array, wherein

said motor assembly further comprises a magnetic pole array and a motor shaft member adapted

for being rotated such that a magnetic field generated by said magnetic pole array of said motor

assembly moves or fluctuates in accordance with the rotation of said magnetic pole array of said

motor assembly, wherein said motor drives said magnetic pole array of said motor assembly,

wherein said magnetic field moves and/or causes rotation of said magnetic pole array of said

magnetic impeller, and wherein rotation of said magnetic impeller results in the fluid being

drawn towards said magnetic impeller through said at least one inlet aperture and the fluid to be

propelled out of said jet assembly through said at least one outlet aperture.

84. Claim 61: The Sam’s Accused Pump practices a method for displacing a fluid to an

environment using a bearing and shaft assembly for a jet assembly of a magnetic coupling-type

pump, said method comprising the steps of:

Original Petition, Luraco Health v. Vu Tran, et al. Page 21

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 22 of 29 PageID 22

a. securing a bearing and shaft assembly at a predetermined location within a housing of jet

assembly, wherein said improved bearing and shaft assembly comprises a sleeve-type, bearing

assembly and a shaft assembly, wherein said sleeve-type, bearing assembly comprises an outer

bearing member and a sleeve-type, inner bearing member, wherein said shaft assembly

comprises a shaft member and a shaft protection member, wherein said outer bearing member

comprises a body comprising a first end, a second end, and a cavity extending from said first end

to said second end, wherein said cavity of said body is dimensioned and configured for receiving

said sleeve-type, inner bearing member, and wherein said outer bearing member is dimensioned

and configured for fitting within a cavity of a magnetic impeller of the jet assembly of the

magnetic coupling-type pump used for displacing the fluid to the environment, wherein said

sleeve-type, inner bearing member comprises a body comprising a first end, a second end, and a

cavity extending from said first end to said second end of said body of said sleeve-type, inner

bearing member, and wherein said sleeve-type, inner bearing member is dimensioned and

configured for fitting within said cavity of said body of said outer bearing member and within the

cavity of the magnetic impeller of the jet assembly, wherein said outer bearing member and said

sleeve-type, inner bearing member, when in operational use, are positioned adjacent to one

another and are aligned axially with one another, wherein said shaft assembly is adapted for

being secured at a predetermined location within the housing of the jet assembly, wherein said

shaft member comprises a body comprising a first end and a second end, and wherein said shaft

member is dimensioned and configured for fitting within said cavity of said body of said shaft

protection member and within the cavity of the magnetic impeller of the jet assembly, wherein

said shaft protection member comprises a base and a body extending upwardly from said base of

said shaft protection member, wherein said base of said shaft protection member comprises a

Original Petition, Luraco Health v. Vu Tran, et al. Page 22

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 23 of 29 PageID 23

cavity, wherein said body of said shaft protection member comprises a first end, a second end,

and a cavity extending from said first end to said second end of said body of said shaft protection

member, wherein each of said cavity of said base and said cavity of said body of said shaft

protection member is dimensioned and configured for receiving said shaft member and wherein

said shaft protection member is dimensioned and configured for fitting within said cavity of said

body of said sleeve-type, inner bearing member and within the cavity of the magnetic impeller of

the jet assembly, wherein, when in operational use, said shaft member and said shaft protection

member are positioned within said cavity of said body of said sleeve-type, inner bearing

member, which is positioned within said cavity of said body of said outer bearing member,

wherein, when in operational use, said outer bearing member, said sleeve-type, inner bearing

member, said shaft protection member, and said shaft member are all positioned within the

cavity of the magnetic impeller of the jet assembly, and wherein, when in operational use, the

magnetic impeller of the jet assembly is rotatory within the housing of the jet assembly such that

fluid is displaced to the environment;

b. causing rotation of the magnetic impeller positioned within a chamber defined by the

housing of the jet assembly;

c. receiving the fluid and allowing the fluid to pass through at least one input aperture

disposed about the housing of the jet assembly;

d. disturbing the fluid with the rotating magnetic impeller; and

e. outputting the fluid through at least one output aperture disposed about the housing of the

jet assembly such that the fluid is displaced to the environment.

85. Claim 62: The Sam’s Accused Pump practices a method for displacing a fluid to an

environment using a bearing and shaft assembly for a jet assembly of a magnetic coupling-type

Original Petition, Luraco Health v. Vu Tran, et al. Page 23

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 24 of 29 PageID 24

pump which comprises the steps described in Claim 61 wherein said outer bearing member

further comprises a base comprising a cavity, wherein said body of said outer bearing member

extends upwardly from said base of said outer bearing member, and wherein said cavity of said

base of said outer bearing member is dimensioned and configured for receiving said sleeve-type,

inner bearing member, and wherein said shaft member further comprises a base, wherein said

body of said shaft member extends upwardly from said base of said shaft member.

86. Claim 63: The Sam’s Accused Pump practices a method for displacing a fluid to an

environment using a bearing and shaft assembly for a jet assembly of a magnetic coupling-type

pump which comprises the steps described in Claim 61, wherein the jet assembly is adapted for

being coupled to the magnetic coupling-type pump, wherein the magnetic impeller comprises a

magnetic pole array, wherein a motor assembly of the magnetic coupling pump comprises a

motor, a magnetic pole array, and a motor shaft member adapted for being rotated such that a

magnetic field generated by the magnetic pole array of the motor assembly moves or fluctuates

in accordance with the rotation of the magnetic pole array of the motor assembly, wherein the

motor drives the magnetic pole array of the motor assembly, wherein the magnetic field moves

and/or causes rotation of the magnetic pole array of the magnetic impeller, and wherein rotation

of the magnetic impeller results in the fluid being drawn towards the magnetic impeller through

the at least one inlet aperture and the fluid to be propelled out of the jet assembly through the at

least one outlet aperture.

87. Claim 64: The Sam’s Accused Pump practices a method for displacing a fluid to an

environment using a bearing and shaft assembly for a jet assembly of a magnetic coupling-type

pump which comprises the steps described in Claim 61, wherein said outer bearing member is

manufactured of a plastic material or engineered plastics, wherein said sleeve-type, inner bearing

Original Petition, Luraco Health v. Vu Tran, et al. Page 24

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 25 of 29 PageID 25

member is manufactured of rubber or a rubber-like material, wherein said shaft member is

manufactured of steel or a metal material, and wherein said shaft protection member is

manufactured of a hard material.

VI. PATENT ALLEGATIONS CONCERNING THE D’736 PATENT

88. Before Defendants began producing the Sam’s Accused Pump, at least one of the Sam

Businesses purchased Plaintiff’s Magna-Jet spa pumps. As Defendants designed the Sam’s

Accused Pump, Defendants deliberately copied the appearance of Plaintiff’s pump, such that an

ordinary observer familiar with pipeless spa pumps would recognize Sam’s Accused Pump as

deceptively similar to Plaintiff’s pump, as protected in design patent D’736.

VII. PATENT ALLEGATIONS CONCERNING THE D’723 PATENT

89. Before Defendants began producing the Sam’s Accused Pedicure Spa, Sam’s Businesses

purchased Plaintiff’s child’s pedicure spa routinely. Defendants then designed Sam’s Accused

Pedicure Spa deliberately to copy the appearance of Plaintiff’s pump (see Exhibit C), such that

an ordinary observer familiar with pipeless spa pumps would recognize Sam’s Accused Pump as

deceptively similar to Plaintiff’s pump, as protected in design patent D’723.

Original Petition, Luraco Health v. Vu Tran, et al. Page 25

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 26 of 29 PageID 26

VIII. CLAIMS

A. Infringement of the ’933 patent

1. Plaintiff herein realleges the previous allegations stated supra.

2. Plaintiff is the owner of all right, title, and interest in the ‘933 patent.

3. Tran and the Sam Businesses have been and are directly infringing and inducing others to

infringe and contributing to the infringement of the ’933 patent by, among other things, making,

using, offering to sell or selling in the United States, or importing into the United States, a spa

motor covered by one or more claims of the ’933 patent.

4. Defendants have been aware of the ’933 patent but deliberately copied Plaintiff’s motor

anyway, continuing to do so even now after Plaintiff tried to work with them before filing suit.

B. Infringement of the D’736 patent

5. Plaintiff herein realleges the previous allegations stated supra.

6. Plaintiff is the owner of all right, title, and interest in the D’736 patent.

7. Tran and the Sam Businesses have been and are directly infringing and inducing others to

infringe and contributing to the infringement of the D’736 patent by, among other things,

making, using, offering to sell or selling in the United States, or importing into the United States,

a spa motor deceptively similar to the invention design which is protected by the D’736 patent.

8. Though Defendants were aware that Plaintiff’s spa motor was protected by patent law,

Defendants deliberately copied Plaintiff’s design and proceeded to market, and are continuing to

do so even now after Plaintiff tried to work with them before filing suit.

C. Infringement of the D’723 patent

9. Plaintiff herein realleges the previous allegations stated supra.

10. Plaintiff is the owner of all right, title, and interest in the D’723 patent.

Original Petition, Luraco Health v. Vu Tran, et al. Page 26

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 27 of 29 PageID 27

11. Defendants have been and are directly infringing and inducing others to infringe and

contributing to the infringement of the D’723 patent by, among other things, making, using,

offering to sell or selling in the United States, or importing into the United States, a child’s

pedicure spa deceptively similar to the design disclosed and protected by the D’723 patent.

12. Though Defendants were aware that Plaintiff’s child pedicure spa was protected by patent

law, Defendants deliberately copied Plaintiff’s design and proceeded to market, and are

continuing to do so even now after Plaintiff tried to work with them before filing suit.

D. Claim - Intentional Interference with Existing Business Relations

13. Plaintiff herein realleges the previous allegations stated supra.

14. Plaintiff maintained existing contracts with multiple distributors which were subject to

interference by Defendants’ actions.

15. Defendants committed a willful and intentional act of interference with the contracts

between Luraco and its distributors by their sales efforts.

16. Defendants’ tortious interference with Plaintiff’s distribution contracts proximately

injured Plaintiff and caused actual monetary damages or loss.

17. Plaintiff is entitled to an award of punitive damages because Defendants acted with

willful and wanton intent to harm Plaintiff.

E. Claim – Civil Conspiracy

18. Plaintiff herein realleges the previous allegations stated supra.

19. All named defendants are controlled by Defendant Tran. GTP handles production of the

Sam’s Accused Pedicure Spa, and the other business entities cooperate, all of them knowing that

multiple patents covered the products.

Original Petition, Luraco Health v. Vu Tran, et al. Page 27

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 28 of 29 PageID 28

20. As more fully set forth above, Vu Tran and his wife Nga Vo operate their many entities

to infringe the Patents-In-Suit in concert. Plaintiff seeks a declaration that all the defendants

herein named are jointly and severally liable for damages due to patent infringement as herein

described and all may be enjoined to cease such actions under the Declaratory Judgment Act, 28

U.S.C. §§ 2201–2202.

F. Claim – Injunctive Relief

21. As more fully set forth in Plaintiff’s Application for Issuance of Preliminary Injunction

and Brief in Support filed concurrently or at a later time, Plaintiff is entitled to injunctive relief.

Specifically, there is a substantial likelihood that Plaintiff will succeed on the merits of its

infringement claims.

22. Further, there is a substantial threat that Plaintiff will be irreparably injured as a result of

the Defendants' continued infringement, as the sale of the accused products encourages other

infringers, damages the market, and confuses end users as to the origin of counterfeit goods

which resemble Plaintiff's products.

23. Further, such injury has no legal remedy; money damages will not repair the distrust that

end users have when counterfeit goods do not perform as Plaintiff’s customers expect.

24. These injuries outweigh the current and ongoing injury to Plaintiff, and grant of

injunctive relief will not disserve the public interest.

25. Based on the above facts, a temporary injunction is appropriate in this case.

G. JURY DEMAND

26. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully

requests a jury trial on its claims of infringement of the Patents-In-Suit.

Original Petition, Luraco Health v. Vu Tran, et al. Page 28

 Case 3:18-cv-03389-G Document 1 Filed 12/21/18 Page 29 of 29 PageID 29

H. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for a judgment in its favor and against Defendants which:

a) Awards Plaintiff compensatory damages as a result of Defendants’ infringement of the

Patents-In-Suit, together with interest and costs, and in no event less than a reasonable royalty;

b) Awards to Plaintiff its actual monetary damages resulting from Defendants' intentional

interference with Plaintiff’s existing business relations with punitive damages;

c) Concludes that this is an exceptional case, and awarding to Plaintiff its expenses, costs,

and attorney's fees under 35 U.S.C. § 285 for the deliberate infringement by Defendants.

d) Temporarily and permanently enjoins Defendants and all their associated businesses from

further infringement; pursuant to U.S.C. § 283, including the production, sale, or importation of

the Sam’s Accused Pump and Sam’s Accused Children’s Spa, and an order requiring the

destruction of such devices.

e) Awarding costs of suit by Luraco and other relief as this Court deems just and equitable.

Respectfully submitted,

/s/ Warren V. Norred

Warren V. Norred, TX Bar No. 24045094, [email protected]
NORRED LAW, PLLC; 515 E. Border; Arlington, TX 76010
O: 817-704-3984, F: (817) 524-6686;
Attorney for Plaintiff

Exhibits attached:
A: Utility Patent No. 9,926,933 E: Image of Sam’s Accused Pedicure
B: Design Patent No. D622,736 F: First Demand Letter
C: Design Patent No. D751,723 G: Second Demand Letter
D: Image of Sam’s Accused Pump

Original Petition, Luraco Health v. Vu Tran, et al. Page 29

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Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 3 of 20 PageID 32
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 4 of 20 PageID 33
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 5 of 20 PageID 34
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 6 of 20 PageID 35
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 7 of 20 PageID 36
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 8 of 20 PageID 37
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 9 of 20 PageID 38
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 10 of 20 PageID 39
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 11 of 20 PageID 40
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 12 of 20 PageID 41
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 13 of 20 PageID 42
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 14 of 20 PageID 43
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 15 of 20 PageID 44
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 16 of 20 PageID 45
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 17 of 20 PageID 46
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 18 of 20 PageID 47
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 19 of 20 PageID 48
Case 3:18-cv-03389-G Document 1-1 Filed 12/21/18 Page 20 of 20 PageID 49
Case 3:18-cv-03389-G Document 1-2 Filed 12/21/18 Page 1 of 4 PageID 50
Case 3:18-cv-03389-G Document 1-2 Filed 12/21/18 Page 2 of 4 PageID 51
Case 3:18-cv-03389-G Document 1-2 Filed 12/21/18 Page 3 of 4 PageID 52
Case 3:18-cv-03389-G Document 1-2 Filed 12/21/18 Page 4 of 4 PageID 53
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 1 of 10 PageID 54Exhibit C
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 2 of 10 PageID 55Exhibit C
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 3 of 10 PageID 56Exhibit C
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 4 of 10 PageID 57Exhibit C
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 5 of 10 PageID 58Exhibit C
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 6 of 10 PageID 59Exhibit C
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 7 of 10 PageID 60Exhibit C
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 8 of 10 PageID 61Exhibit C
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 9 of 10 PageID 62Exhibit C
Case 3:18-cv-03389-G Document 1-3 Filed 12/21/18 Page 10 of 10 PageID 63Exhibit C
 Case 3:18-cv-03389-G Document 1-4 Filed 12/21/18 Page 1 of 3 PageID 64

ACCUSED SAM’S SPA JET

(Purchased Evidence)

Jet Assembly Bearing

Base Assembly

Shaft Assembly

Exhibit D, p. 1
Front cover
 Case 3:18-cv-03389-G Document 1-4 Filed 12/21/18 Page 2 of 3 PageID 65

ACCUSED SAM’S SPA JET

(Purchase Evidence)

Front cover

Magnetic
Impeller

Base

Exhibit D, p. 2
Case 3:18-cv-03389-G Document 1-4 Filed 12/21/18 Page 3 of 3 PageID 66

ACCUSED SAM’S SPA JET

(Purchase Evidence)

Mounting
Housing

Exhibit D, p. 3
 Case 3:18-cv-03389-G Document 1-5 Filed 12/21/18 Page 1 of 4 PageID 67

ACCUSED SAM’S KID PEDICURE SPA

(Purchased Evident)

Label shows:
1. Model: Bellagio
2. cULus listed
3. Made in USA
4. Manufactured by: GTP International Corp.

Exhibit E, p. 1
Case 3:18-cv-03389-G Document 1-5 Filed 12/21/18 Page 2 of 4 PageID 68

ACCUSED SAM’S KID PEDICURE SPA

(At SAM SPA’s Client Salon)

Exhibit E, p. 2
Case 3:18-cv-03389-G Document 1-5 Filed 12/21/18 Page 3 of 4 PageID 69

ACCUSED SAM’S KID PEDICURE SPA

(At SAM SPA’s showroom)

Exhibit E, p. 3
Case 3:18-cv-03389-G Document 1-5 Filed 12/21/18 Page 4 of 4 PageID 70

SAM’S KID PEDICURE SPA

(At SAM SPA’s showroom)

Exhibit E, p. 4
 Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Page 1 ofExhibit F, p.
20 PageID 71 1

June 12, 2018

Mr. Vu Tran (Owner)

Sam’s Spa Nail Supply
3325 W Walnut Street #500
Garland, TX 75042
via regular and certified mail: 7015 1520 0002 1564 1125

Re: Patent Infringement of Luraco Patents by Sam's Spa Nail Supply salon products

Dear Mr. Tran,

We are intellectual property counsel for Luraco Health & Beauty, LLC, which is licensed by
Luraco, Inc for using U.S. design patent D751,723 S (Foot Spa).

A comparison of the design patent above with your product offering reveals an apparent
infringement by your products. See enclosed Exhibits A, B, and C.

Luraco desires to amicably resolve this matter, and is willing to discuss selling its products to
you and eliminate any dispute. However, until this matter is resolved, it is requested that all
Sam's Spa Nail Supply-affiliated organizations cease and desist from selling or offering for sale
the foot spas shown in the exhibits.

We look forward to hearing from you regarding this matter. You can contact me through email
or phone, as provided below. Please contact me within two weeks of receiving this letter. I will
assume that I should counsel stronger measures if you make no attempt to contact me during that
time.

Respectfully,
s/Warren V. Norred/
Warren V. Norred, for Luraco Health & Beauty, LLC
[email protected]

Enclosures: Exhibits A, B, & C

Luraco – Cease and Desist – Sam's Spa Nail Supply Page 1

515 E. Border St.  Arlington, TX 76010  O 817-704-3984  F 817-524-6686
Exhibit A Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Page 2 ofExhibit F, p.
20 PageID 72 2

SAM’s Mini Pedicure Spa

EXHIBIT A
 Exhibit A

ACCUSED SAM’S KID PEDICURE SPA

(Purchased Evident)

Label shows:
1. Model: Bellagio
2. cULus listed
3. Made in USA
4. Manufactured by: GTP International Corp.
Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18
Page 3 ofExhibit
20 PageID
F, p.
73 3
Exhibit A Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Page 4 ofExhibit F, p.
20 PageID 74 4

ACCUSED SAM’S KID PEDICURE SPA

(At SAM SPA’s Client Salon)
Exhibit A Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Page 5 ofExhibit F, p.
20 PageID 75 5

ACCUSED SAM’S KID PEDICURE SPA

(At SAM SPA’s showroom)
Exhibit A Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Page 6 ofExhibit F, p.
20 PageID 76 6

SAM’S KID PEDICURE SPA

(At SAM SPA’s showroom)
Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Page 7 ofExhibit F, p.
20 PageID 77 7

ACCUSED SAM’S SPA JET

(Purchased Evidence)
EXHIBIT B
 ACCUSED SAM’S SPA JET
(Purchased Evidence)

Jet Assembly Bearing

Base Assembly

Shaft Assembly
Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18

Front cover
Page 8 ofExhibit
20 PageID
F, p.
78 8
 Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Page 9 ofExhibit F, p.
20 PageID 79 9

Front cover

Base
ACCUSED SAM’S SPA JET
(Purchase Evidence)

Magnetic
Impeller
 Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Page 10Exhibit F, p.80
of 20 PageID 10

ACCUSED SAM’S SPA JET

(Purchase Evidence)

Mounting
Housing
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 11 of 20 PageID 81 F, p. 11
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 12 of 20 PageID 82 F, p. 12
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 13 of 20 PageID 83 F, p. 13
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 14 of 20 PageID 84 F, p. 14
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 15 of 20 PageID 85 F, p. 15
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 16 of 20 PageID 86 F, p. 16
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 17 of 20 PageID 87 F, p. 17
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 18 of 20 PageID 88 F, p. 18
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 19 of 20 PageID 89 F, p. 19
Exhibit C Case 3:18-cv-03389-G Document 1-6 Filed 12/21/18 Exhibit
Page 20 of 20 PageID 90 F, p. 20
 Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Page 1 ofExhibit G, p.
20 PageID 91 1

July 19, 2018

Mr. Vu Tran (Owner)

Sam’s Spa Nail Supply
3325 W Walnut Street #500
Garland, TX 75042
via regular and certified mail: 7011 2970 0003 2377 3680

Re: Patent Infringement of Luraco Patents by Sam's Spa Nail Supply salon products

Dear Mr. Tran,

We are intellectual property counsel for Luraco Health & Beauty, LLC, which is licensed by
Luraco, Inc for using U.S. utility patents 9,926,933 (Bearing and Shaft Assembly for Jet
Assemblies) and 9,855,188 (Multifunctional Magnetic Coupling Jet), and design patents
D622,736 (Jet Pump Housing), D698,368 (Magnetic Pump Wet End), and D751,723 S (Foot
Spa).

A comparison of the claims of the utility patents above with your product offering reveals an
apparent infringement by your products, particularly the shaft and bearing assemblies concerning
the base, cap, and impeller of patent 9,926,933, and 9,855,188. See enclosed Exhibits A, B, C.

This is the second letter we have sent you on this matter; the United States Postal Service shows
that you received it by certified mail on June 14th. I am sending this second letter because the
first one did not include the full allegations of infringement. Otherwise I would proceed with the
next step of litigation.

Luraco still desires to amicably resolve this matter and is willing to discuss selling its products to
you and eliminate dispute. However, until this matter is resolved, it is requested that all
organizations affiliated with you cease selling or offering for sale spa pumps and foot spas.

You can contact me through email or phone, as provided below. Please contact me within two
weeks of receiving this letter. I will assume that I should counsel stronger measures if you make
no attempt to contact me during that time.

Respectfully,
s/Warren V. Norred/
Warren V. Norred, for Luraco Health & Beauty, LLC
[email protected]

Enclosures: Exhibits A, B, & C

Luraco – Cease and Desist – Sam's Spa Nail Supply (Second Letter) Page 1 of 1

515 E. Border St.  Arlington, TX 76010  O 817-704-3984  F 817-524-6686

Exhibit A Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Page 2 ofExhibit G, p.
20 PageID 92 2

SAM’s Mini Pedicure Spa

EXHIBIT A
 Exhibit A

ACCUSED SAM’S KID PEDICURE SPA

(Purchased Evident)

Label shows:
1. Model: Bellagio
2. cULus listed
3. Made in USA
4. Manufactured by: GTP International Corp.
Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18
Page 3 ofExhibit
20 PageID
G, p.
93 3
Exhibit A Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Page 4 ofExhibit G, p.
20 PageID 94 4

ACCUSED SAM’S KID PEDICURE SPA

(At SAM SPA’s Client Salon)
Exhibit A Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Page 5 ofExhibit G, p.
20 PageID 95 5

ACCUSED SAM’S KID PEDICURE SPA

(At SAM SPA’s showroom)
Exhibit A Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Page 6 ofExhibit G, p.
20 PageID 96 6

SAM’S KID PEDICURE SPA

(At SAM SPA’s showroom)
Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Page 7 ofExhibit G, p.
20 PageID 97 7

ACCUSED SAM’S SPA JET

(Purchased Evidence)
EXHIBIT B
 ACCUSED SAM’S SPA JET
(Purchased Evidence)

Jet Assembly Bearing

Base Assembly

Shaft Assembly
Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18

Front cover
Page 8 ofExhibit
20 PageID
G, p.
98 8
 Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Page 9 ofExhibit G, p.
20 PageID 99 9

Front cover

Base
ACCUSED SAM’S SPA JET
(Purchase Evidence)

Magnetic
Impeller
 Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Page 10Exhibit G, p.100
of 20 PageID 10

ACCUSED SAM’S SPA JET

(Purchase Evidence)

Mounting
Housing
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 11 of 20 PageID 101 G, p. 11
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 12 of 20 PageID 102 G, p. 12
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 13 of 20 PageID 103 G, p. 13
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 14 of 20 PageID 104 G, p. 14
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 15 of 20 PageID 105 G, p. 15
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 16 of 20 PageID 106 G, p. 16
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 17 of 20 PageID 107 G, p. 17
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 18 of 20 PageID 108 G, p. 18
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 19 of 20 PageID 109 G, p. 19
Exhibit C Case 3:18-cv-03389-G Document 1-7 Filed 12/21/18 Exhibit
Page 20 of 20 PageID 110 G, p. 20