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STEPHENS FRIEDLAND LLP Todd G. Friedland, Bar No. 187022 todd@sf-la~ers.com J. Gre ory Dyer, Bar No. 2183 85 rre c, sf-law ers.com 695 acArt 1ur Court, Suite 1550

Newport Beach, CA 92660 Telephone: (949) 468-3200 Facs1mile: (949) 468-3201

Attorne)'s for Plaintiff, Bird-B-Gone, Inc.

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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BIRD-B-GONE, INC., a California corporation,

SACV 13 - 00082 CJC (MLGx) Civil Action No.

Plaintiff,

V.

BIRD BARRIER AMERICA, INC., a California corporation; and DOES 1 through 10,

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT: WILLFUL INFRINGEMENT

DEMAND FOR JURY TRIAL

By Fax 1. Plaintiff, by and through its attorneys of record, alleges as follows:

PARTIES

2. PlaintiffBIRD-B-GONE, INC., (hereinafter "BBG") is a corporation

organized and existing under the laws of the State of California, with a place of

business at 23918 Skyline, Mission Viejo, CA 92692. -1-

COMPLAINT AGAINST BIRD BARRIER AND DOES 1-10

r-· fTI 0

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judge Cormac J. Carney and the assigned discovery Magistrate Judge is Marc Goldman.

The case number on all documents filed with the Court should read as follows:

SACV13- 82 CJC (MLGx)

Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge

NOTICE TO COUNSEL

A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs).

Subsequent documents must be filed at the following location:

U Western Division 312 N. Spring St., Rm. G-8 Los Angeles, CA 90012

U Southern Division 411 West Fourth St., Rm. 1-053 Santa Ana, CA 92701-4516

Failure to file at the proper location will result in your documents being returned to you.

U Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501

CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

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

···\f ~

UNITED STATES DISTRICT COURT for the

Central District of California

BIRD-8-GONE, H\JC., a California Corporation

Plaint if}(:,)

v.

BIRD BARRIER AMERICA, INC., a California corporation and DOES 1 through 10

Defendant(s)

) ) ) ) ) ) ) ) ) ) ) )

Civil Action No.

SACV 13 - 00082 CJC (MLGx)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) BIRD BARRIER AMERICA, INC., a California corporation

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 plaintiffs attorney, whose name and address are:

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

AO 440 (Rev 06/12) Summons inn Civil Acti\111 ( Pnge 2)

Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (/))

This summons for (name of individual and 1itie, if any)

was received by me on (dale) --------· -. --

0 I personally served the summons on the individual at (place)

on (dale)

0 I left the summons at the individual's residence or usual place of abode with (name)

; or

, a person of suitable age and discretion who resides there,

on (dale) , and mailed a copy to the individual's last known address; or

0 I served the summons on (name of individual) , who is -------------

designated by law to accept service of process on behalf of (name oforganization)

on (dale) ; or ------------------------------------------ ----------------

0 I returned the summons unexecuted because ; or

0 Other (specijj'):

My fees are$ for travel and $ for services, for a total of$ 0.00

I declare under penalty of petjury that this infotmation is true.

Date: Server's signature

Printed name and title

Server's address

Additional infonnation regarding attempted service, etc:

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET

I (a) PLAINTIFFS (Check box if you are representing yourselfO) BIRD-B-GONE, INC., a California corporation

DEFENDANTS BIRD BARRIER AMERICA, INC., a California corporation, and DOES I through I 0, Inclusive

Attorneys (If Known) (b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.)

Mei Tsang, Esq. FJS11 & Associates PC

, 2603 Main Street, Stlite 1000. Irvine, CA 92614 (949) 943-8300 Ol

II. llASIS OF JURISDICTION !Place an X in one box only) Ill. CITIZENSHIP OF PRINCIPAL PARTIES- For Diversity Cases Only (Place an X in one box for plaintilfand one for defendant.) X

:::1 I U.S. Government Pln111tiff lrf 3 F cdcrnl Quest ion (U S Government Not a Party)

PH' DEF PTF DEF Citizen of This Stale

0 2 U.S Government Defendant 0 4 Diversity (Indicate Citizenship Citizen of Another State of Parties in Item Ill)

01 01 Incorporated or Principal Place of Business in this State

n4 04

0 2 0 2 Incorporated and Principal Place 0 5 0 5 of Business in Another State

Citizen or Subject of a Foreign Country 0 3 0 3 Foreign Nation 06 06

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

li'1 Original Proceeding

IJ 2 Removed from State Court

0 3 Remanded tram Appellate Court

0 4 Reinstated or Reopened

0 5 Transferred from another district (specify): 0 6 Multi- 0 7 Appeal to District District Judge from Litigation Magistrate Judge

V. REQUESTED IN COMPLAINT: JURY DEMAND: MYes 0 No (Check 'Yes' only if demanded in complaint.)

CLASS ACTION under F.R.C.P. 23: 0 Yes JiNo MMONEY DEMANDED IN COMPLAINT:$ TBD

VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are tiling and \Vrite a brief stntement of cause. Do not cite jurisdictional statutes unless diversity.)

35 U.S.C. §§ 271, 284 and 285

VII. NATURE OF SUIT (Place an X in one box only.)

OTHER ST A TOTES CONTRACT. TORTS TORTS PRISONER LABOR 0400 Stnte Reapportionment 0110 Insurance PERSONAL INJURY PERSONAL PETITIONS 0710 Fair Labor Standards 0410 Antitrust 0 120 Marine 0310 Airplane PROPERTY 0510 Motions to Act 0430 Banks and Banking 0130 Miller Act 0315 Airplane Product 0370 Other Fraud Vacate Sentence 0720 LnborfMgmt. 0450 CommercefJCC 0 140 Negotiable Instrument Liability 0 371 Truth in Lending Habeas Corpus Relations

Ratesfetc. 0150 Recovery of 0 320 Assault, Libel & 0380 Other Personal 0 530 General 0730 LaborfMgmt. 0460 Deportation Overpayment & Slnnder Property Damage 0 535 Death Pennlty Reporting& 0470 Racketeer Influenced Enforcement of 0330 Fed. Employers' 0385 Property Damage 0540 Mandamus{ Disclosure Act

and Corrupt Judgment Liability Product Liability Other 0 740 Railway Labor Act Organizations 0151 Medicare Act 0 340 Marine . BANKRUPTCY 0550 Civil Rights 0 790 Other Labor

0 345 Marine Product 0480 Consumer Credit 0 152 Recovery of Defaulted Linbility

0 422 Appeal 28 USC 0 555 Prison Condition Litigation 0490 CablefSat TV Student Loan (Excl. 0350 Motor Vehicle 158 FORFEiTURE f ·, ~--: 0791 E1npl. Ret. Inc. 0 810 Selective Service Veterans) 0355 Motor Vehicle 0423 Withdrawal 28 PENALiY Security Act 0 850 SecuritiesfCommoditiesf 0153 Recovery of Product Liability usc 157 0610 Agriculture . ·PROPERTY RIGHTS /""

Exchange Overpayment of 0 360 Other Personal . CIVIL RIGHTS : 0620 Other Food & ~20 Copyrights 0875 Customer Challenge 12 Veteran's Benefits Injury 0441 Voting Drug 30 Patent

usc 3410 0160 Stockholders' Suits 0362 Personal Injury- 0442 Employment 0625 Drug Related 0 840 Trademark 0 890 Other Statutory Actions 0190 Other Contract Med Malpractice 0443 Housing{ Acco- Seizure of SOCIAL SECURITY' 0891 Agricultural Act 0195 Contract Product 0 365 Personal Injury- mmodations Property 21 USC 0861 HIA (I 395ft) 0892 Economic Stabilization Liability Product Liability 0444 Welfare 881 0 862 Black Lung (923)

Act 0 196 Franchise 0368 Asbestos Personal 0445 American with 0630 Liquor Laws 0 863 DIWCfDIWW 0 893 Environmental Matters .. REAL PROPERTY ... Injury Product Disabilities - 0640 R.R. & Truck (405(g}) 0894 Energy Allocation Act 0210 Land Condemnation Liability Employment 0650 Airline Regs 0 864 SSID Title XVI 0895 Freedom oflnfo. Act 0220 Foreclosure .IMMIGRATION '::C, 0446 American with 0660 Occupational 0 865 RSI (405(g)) _ 0900 Appeal of Fee Determi- 0230 Rent Lease & Ejectment 0462 Naturalization Disabilities- Safety /Health FEDERAL·TAXSUITS ;.;

nation Under Equal 0240 Torts to Land Application Other 0690 Other 0 870 Taxes (U.S. Plaintiff Access to Justice 0245 Tort Product Liability 0463 Habeas Corpus- 0440 Other Civil or Defendant)

0950 Constitutionality of 0290 All Other Real Property Alien Detainee Rights 0871 IRS-Third Party 26 State Statutes 0465 Other Immigration USC7609

Actions

SACV 13 - 6668% CJC (MLGx) FOR OFFICE USE ONLY: Case Number: S:A C' '~' I I I I 8 5 nne (I lh€!1)

AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.

CIVIL COVER SHEET Page lof2_

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET

VIII("). IDENTICAL CASES: Has this action been previously filed in this court und dismissed, remanded or closed? !i'No 0 Yes

If yes, list case number(s): -------------------------------------------------------

VJII(b). RELATED CASES: Have any cases been previously tiled in this court that are related to the present case? 0 No lives If yes, list case munber(s): SACV 12-00178 AG (RNBx):

Civil cases are deemed related if a previously filed c:tse and the present cMse:

(Check all boxes that apply) 0 A Arise from the same or closely related transactions, happenings, or events; or

li'B. Call for determination of the same or substantially related or similar questions of law and fact; or

Ji C. For other reasons would entail substantial duplication of labor if heard by different judges; or

0 D. Involve the same patcnt,tmdematk or copyright, ilml one of the factors identilied above in a, b or c also is present.

1\. \'E:\il:E: (When completing the following inl'ormation, use nn ndditional sheet if necessary)

(a) List the County 111 this District: California County outside of this District; State if other thnn Californin; or foreign Country, in which EACIInamed plaintiiT resides. n Cl k I d I b ' ~ lCC · 1cre 1t the oovernment, 1ts agenc1es or employees is a name p1aml1tf. It thts box is checked, go to Jtem ( ).

County in this District:"' California County outside of this District State, if other than Cnlifornia~ or fort!ign Country

Orange

(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides. 0 Cl k I .. I I d d f d If I . b I k ( ) 1ec 1ere If t 1e g;overnment, 1ts agel!ctes or employees JS a name e en ant. t liS ox IS c 1ec ed, go to ttem c .

Counly 1n this District* California County olllside of this District; State, if other than Calilornia: or Foreign Country

Los Angeles

(c) List the County in this District; California County outside of this District: State if other than California; or Foreign Country, in which EACH claim arose.

Note· In land condemnation cases use the location of the tract of land involved '

County in this District:* California County outside of this District: State, if other than California: or foreign Country

Orange: Los Angeles

* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties Note: Inland condemnation cases use the location of the tract ofl d · valved

X. SIGNATURE OF ATTORNEY (OR PRO PER): Dale _J_a1_1u_a....;.ry_l_6_,_2_0_13 ___________ _

Notice to CounselfParties: The CV-71 (JS-44) Civ;l Cover Sheet and the infonnatimi·cmllained herein neilher replace nor supplement the filing and service of pleadings or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed but is used by the Clerk oft he Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet)

Key to Statistical codes relating to Social Security Cases:

Nature of Suit Code Abbreviation

861 HIA

862 BL

863 DIWC

863 DIWW

864 SSID

865 RSJ

CV-71 (05/08)

Substantive Statement of Cause of Action

All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for certitication as providers of services under the program. (42 U.S.C. 1935FF(b))

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

All claims tiled by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims tiled for child's insurance benefits based on disability. (42 U.S.C. 405(g))

All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405(g))

All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended.

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

CIVIL COVER SHEET