RUSS, AUGUST & KABAT
`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Brett E. Cooper (pro hac vice pending)
`bcooper@raklaw.com
`Marc A. Fenster (CA SBN 181067)
`mfenster@raklaw.com
`Seth Hasenour (pro hac vice pending)
`shasenour@raklaw.com
`Drew B. Hollander (pro hac vice pending)
`dhollander@raklaw.com
`Christian W. Conkle (CA SBN 306374)
`cconkle@raklaw.com
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`Attorneys for Plaintiff
`Scramoge Technology Limited
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`SCRAMOGE TECHNOLOGY LTD.,
`Plaintiff,
`
`vs.
`
`ANKER INNOVATIONS LTD. and
`FANTASIA TRADING LLC D/B/A
`ANKERDIRECT,
`
`Defendants.
`
`Case No.
`COMPLAINT FOR PATENT
`INFRINGEMENT
`JURY TRIAL DEMANDED
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`ANKER 1011
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`5:21-cv-01712
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`This is an action for patent infringement arising under the Patent Laws of the
`United States of America, 35 U.S.C. § 1 et seq., in which Plaintiff Scramoge
`Technology Limited (“Plaintiff” or “Scramoge”) makes the following allegations
`against Defendants Anker Innovations Limited and Fantasia Trading LLC d/b/a
`AnkerDirect (collectively, “Defendants” or “Anker”):
`INTRODUCTION
`1.
`This complaint arises from Anker’s unlawful infringement of the
`following United States patents owned by Plaintiff, which relate to improvements in
`wireless charging of mobile devices: United States Patent Nos. 9,490,652 (“the ’652
`Patent”), 10,193,392 (“the ’392 Patent”), and 7,825,537 (“the ’537 Patent”)
`(collectively, the “Asserted Patents”).
`PARTIES
`2.
`Plaintiff Scramoge Technology Limited is a limited liability company
`organized and existing under the law of Ireland, with its principal place of business
`at The Hyde Building, Suite 23, The Park, Carrickmines, Dublin 18, Ireland.
`Scramoge is the sole owner by assignment of all right, title, and interest in the
`Asserted Patents, including the right to recover damages for past, present, and future
`infringement.
`3.
`On information and belief, Defendant Anker Innovations Limited is a
`foreign corporation organized under the laws of Hong Kong, with its principal place
`of business at Room 1318-19, Hollywood Plaza, 610 Nathan Road, Mongkok,
`Kowloon, Hong Kong SAR, People’s Republic of China.
`4.
`On information and belief, Defendant Fantasia Trading LLC d/b/a
`AnkerDirect is a Delaware corporation, with a principal place of business at 5350
`Ontario Mills Pkwy, Suite 100, Ontario, California 91764. Fantasia Trading LLC is
`a wholly-owned subsidiary of Anker Innovations Limited and is registered to
`conduct business in California.
`JURISDICTION AND VENUE
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`5.
`This action arises under the patent laws of the United States, Title 35 of
`the United States Code. This Court has original subject matter jurisdiction pursuant
`to 28 U.S.C. §§ 1331 and 1338(a).
`6.
`This Court has personal jurisdiction over Defendants in this action
`because Defendants have committed acts within this District giving rise to this action
`and has established minimum contacts with this forum such that the exercise of
`jurisdiction over Defendants would not offend traditional notions of fair play and
`substantial justice. Defendants, directly and through subsidiaries or intermediaries,
`have committed and continue to commit acts of infringement in this District by,
`among other things, importing, offering to sell, and selling Anker-branded products
`that infringe the Asserted Patents.
`7.
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
`Upon information and belief, Defendants have transacted business in this District
`and have committed acts of direct and indirect infringement in this District by,
`among other things, making, using, offering to sell, selling, and importing products
`that infringe the Asserted Patents. Defendant Fantasia Trading LLC is registered to
`do business in California and has a regular and established place of business in this
`District, including at 5350 Ontario Mills Pkwy, Suite 100, Ontario, California 91764.
`Additionally, venue is proper as to a foreign defendant in any district. 28 U.S.C. §
`1391(c)(3); In re HTC Corp., 889 F.3d 1349 (Fed. Cir. 2018). Defendant Anker is
`a foreign defendant organized under the laws of Hong Kong and venue is proper in
`this District pursuant to 28 U.S.C. § 1391(c).
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 9,490,652
`8.
`Plaintiff realleges and incorporates by reference the foregoing
`paragraphs as if fully set forth herein.
`9.
`Plaintiff owns by assignment all rights, title, and interest, including the
`right to recover damages for past, present, and future infringement, in U.S. Patent
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`No. 9,490,652, entitled “Wireless charger equipped with auxiliary power supply and
`auxiliary power device.” The ’652 Patent was duly and legally issued by the United
`States Patent and Trademark Office on November 8, 2016. A true and correct copy
`of the ’652 Patent is attached as Exhibit 1.
`10. On information and belief, Anker makes, uses, offers for sale, sells,
`and/or imports certain products, including without limitation the Anker-branded
`PowerCore 10K Wireless and PowerCore III 10K Wireless (“Accused Products”),
`that directly infringe, literally and/or under the doctrine of equivalents, one or more
`claims of the ’652 Patent. Identification of the accused products will be provided in
`Plaintiff’s infringement contentions pursuant to the Court’s scheduling order.
`11. The Accused Products satisfy all claim limitations of one or more
`claims of the ’652 Patent. A claim chart comparing exemplary independent claim 1
`of the ’652 Patent to representative Accused Products is attached as Exhibit 2.
`12. By making, using, offering for sale, selling and/or importing into the
`United States the Accused Products, Anker has injured Plaintiff and is liable for
`infringement of the ’652 Patent pursuant to 35 U.S.C. § 271(a).
`13. As a result of Anker’s infringement of the ’652 Patent, Plaintiff is
`entitled to monetary damages (past, present, and future) in an amount adequate to
`compensate for Anker’s infringement, but in no event less than a reasonable royalty
`for the use made of the invention by Anker, together with interest and costs as fixed
`by the Court.
`
`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 10,193,392
`14. Plaintiff realleges and incorporates by reference the foregoing
`paragraphs as if fully set forth herein.
`15. Plaintiff owns by assignment all rights, title, and interest, including the
`right to recover damages for past, present, and future infringement, in U.S. Patent
`No. 10,193,392, entitled “Wireless power transfer device and wireless power
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`transfer system.” The ’392 Patent was duly and legally issued by the United States
`Patent and Trademark Office on January 29, 2019. A true and correct copy of
`the ’392 Patent is attached as Exhibit 3.
`16. On information and belief, Anker makes, uses, offers for sale, sells,
`and/or imports certain products, including without limitation the Anker-branded
`PowerCore III 10K Battery Charger (“Accused Products”) that directly infringe,
`literally and/or under the doctrine of equivalents, one or more claims of the ’392
`Patent in violation of 35 U.S.C. § 271(a). Identification of the accused products will
`be provided in Plaintiff’s infringement contentions pursuant to the Court’s
`scheduling order.
`17. The Accused Products satisfy all claim limitations of one or more
`claims of the ’392 Patent. A claim chart comparing exemplary independent claim 1
`of the ’392 Patent to representative Accused Products is attached as Exhibit 4.
`18. By making, using, offering for sale, selling and/or importing into the
`United States the Accused Products, Anker has injured Plaintiff and is liable for
`infringement of the ’392 Patent pursuant to 35 U.S.C. § 271(a).
`19. As a result of Anker’s infringement of the ’392 Patent, Plaintiff is
`entitled to monetary damages (past, present, and future) in an amount adequate to
`compensate for Anker’s infringement, but in no event less than a reasonable royalty
`for the use made of the invention by Anker, together with interest and costs as fixed
`by the Court.
`
`COUNT III
`INFRINGEMENT OF U.S. PATENT NO. 7,825,537
`20. Plaintiff realleges and incorporates by reference the foregoing
`paragraphs as if fully set forth herein.
`21. Plaintiff owns by assignment all rights, title, and interest, including the
`right to recover damages for past, present, and future infringement, in U.S. Patent
`No. 7,825,537, entitled “Inductive power transfer system and method.” The ’537
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`Patent was duly and legally issued by the United States Patent and Trademark Office
`on November 2, 2010. A true and correct copy of the ’537 Patent is attached as
`Exhibit 5.
`22. On information and belief, Anker makes, uses, offers for sale, sells,
`and/or imports certain products, including without limitation the Anker-branded
`Wireless Charging Pad, PowerPort Wireless 5 Pad, PowerPort Wireless 5 Stand,
`PowerPort Wireless 5 Charger, PowerPort Wireless 10 Charger, PowerPort Wireless
`10 Pad, PowerCore 10K Wireless, PowerCore III 10K Wireless, PowerWave Pad,
`PowerWave 15 Pad, PowerWave Evo Pad, PowerWave Evo Stand, PowerWave 7.5
`Pad, PowerWave 7.5 Stand, PowerWave 7.5 Car Mount, PowerPort Wireless 5 Pad,
`PowerWave Pad +, PowerWave Base Pad, PowerWave Pad Alloy, PowerWave
`Sense Alloy Pad, PowerWave Pad Lite +, PowerWave Sense 2-in-1 Station,
`PowerWave II Sense Stand, PowerWave Slim Pad, PowerWave Magnetic Pad,
`PowerWave II Pad, PowerWave Fast Wireless Charging Stand, PowerWave Stand,
`Qi-Certified PowerPort Wireless 5 PowerWave Stand, PowerWave 4-in-1 Stand,
`PowerWave + Pad with Watch Holder, PowerWave Magnetic 2-in-1 Stand,
`PowerWave Pad with Watch Holder, PowerWave 10 Stand with 2 USB-A Ports,
`PowerWave 10 Dual Pad, PowerWave II Stand with Power Adapter, PowerWave 3-
`in-1 Stand with Watch Charging Cable Holder, and Anker 10W Max Wireless
`Charger (“Accused Products”), that directly infringe, literally and/or under the
`doctrine of equivalents, one or more claims of the ’537 Patent, including through
`Anker’s own use and/or testing of the Accused Products. Identification of the
`accused products will be provided in Plaintiff’s infringement contentions pursuant
`to the Court’s scheduling order.
`23. The Accused Products satisfy all claim limitations of one or more
`claims of the ’537 Patent. A claim chart comparing exemplary independent claim 1
`of the ’537 Patent to representative Accused Products is attached as Exhibit 6.
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`24. Anker also knowingly and intentionally induces infringement of one or
`more claims of the ’537 Patent in violation of 35 U.S.C. § 271(b). As of at least the
`filing and service of this complaint, Anker has knowledge of the ’537 Patent and the
`infringing nature of the Accused Products. Despite this knowledge of the ’537
`Patent, Anker continues to actively encourage and instruct its customers and end
`users (for example, through user manuals and online instruction materials on its
`website) to use the Accused Products in ways that directly infringe the ’537 Patent.
`For example, Anker instructs users on how to use the exemplary Anker PowerCore
`III 10K to inductively charge a target unit, i.e., smartphone, wearable, and/or other
`device, in a manner that infringes one or more claims of the ’537 Patent:
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`See https://us.anker.com/collections/portable-power/products/a1617. Anker also
`provides user manuals on its website that include step-by-step instructions on how
`to use the exemplary Anker PowerCore III 10K to inductively transfer power to a
`target unit, i.e., a smartphone, wearable, and/or other device, in an infringing
`manner:
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`https://dix7fd4yse9rd.cloudfront.net/s/Anker/product/6039791632534/files/162572
`7999221_51005002349a1617onlinemanual75x110mm20210617v05.pdf.
` Anker
`provides similar instructions and user manuals on its website that depict how to use
`the Accused
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`in
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`infringing manner.
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`e.g.,
`See
`https://us.anker.com/collections/wireless-equipment/products/b2519 (PowerWave
`II
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`https://us.anker.com/collections/wireless-equipment/products/b2529
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`equipment/products/b2570 (PowerWave + Pad with Watch Holder). Anker provides
`these instructions, user manuals, and other materials knowing and intending (or with
`willful blindness to the fact) that its customers and end users will commit these
`infringing acts. Anker also continues to make, use, offer for sale, sell, and/or import
`the Accused Products, despite its knowledge of the ’537 Patent, thereby specifically
`intending for and inducing its customers to infringe the ’537 Patent through the
`customers’ normal and customary use of the Accused Products.
`25. Anker has also infringed, and continues to infringe, one or more claims
`of the ’537 Patent by selling, offering for sale, or importing into the United States,
`the Accused Products, knowing that the Accused Products constitute a material part
`of the inventions claimed in the ’537 Patent, are especially made or adapted to
`infringe the ’537 Patent, and are not staple articles or commodities of commerce
`suitable for non-infringing use. Anker has been, and currently is, contributorily
`infringing the ’537 Patent in violation of 35 U.S.C. §§ 271(c) and/or (f). For
`example, Anker advertises that the Accused Products, including the exemplary
`PowerCore III 10K, are designed to transfer power to compatible devices:
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`See https://us.anker.com/collections/portable-power/products/a1617; see also, e.g.,
`https://us.anker.com/collections/wireless-equipment/products/b2519 (PowerWave
`II Pad) (“Effortless Charging: Place your phone or AirPods on the center of the pad
`and PowerWave will do the rest.”). Anker’s wireless power chargers, power banks,
`and battery packs are base units that constitute a material part of the inventions
`claimed in the ’537 Patent, are especially made or adapted to infringe the ’573
`Patent, and are not staple articles or commodities of commerce suitable for non-
`infringing use. For example, there are no non-infringing uses for the accused
`functionality in the Accused Products other than to inductively transfer power to a
`target unit in an infringing manner.
`26. By making, using, offering for sale, selling and/or importing into the
`United States the Accused Products, Anker has injured Plaintiff and is liable for
`infringement of the ’537 Patent pursuant to 35 U.S.C. § 271(a), (b), (c), and/or (f).
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`27. As a result of Anker’s infringement of the ’537 Patent, Plaintiff is
`entitled to monetary damages (past, present, and future) in an amount adequate to
`compensate for Anker’s infringement, but in no event less than a reasonable royalty
`for the use made of the invention by Anker, together with interest and costs as fixed
`by the Court.
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`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff respectfully requests that this Court enter:
`a. A judgment in favor of Plaintiff that Anker has infringed, either literally
`and/or under the doctrine of equivalents, the ’652, ’392, and ’537 Patents;
`b.
`A judgment and order requiring Anker to pay Plaintiff its damages
`(past, present, and future), costs, expenses, and pre-judgment and post-judgment
`interest for Anker’s infringement of the ’652, ’392, and ’537 Patents;
`c.
`A judgment and order requiring Anker to pay Plaintiff compulsory
`ongoing licensing fees, as determined by the Court in equity.
`d.
`A judgment and order requiring Anker to provide an accounting and to
`pay supplemental damages to Plaintiff, including without limitation, pre-judgment
`and post-judgment interest and compensation for infringing products released after
`the filing of this case that are not colorably different from the accused products;
`e.
`A judgment and order finding that this is an exceptional case within the
`meaning of 35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees
`against Anker; and
`f.
`Any and all other relief as the Court may deem appropriate and just
`under the circumstances.
`DEMAND FOR JURY TRIAL
`Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a
`trial by jury of any issues so triable by right.
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`DATED: October 8, 2021
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`Respectfully submitted,
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`/s/Reza Mirzaie
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`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Brett E. Cooper (pro hac vice pending)
`bcooper@raklaw.com
`Marc A. Fenster (CA SBN 181067)
`mfenster@raklaw.com
`Seth Hasenour (pro hac vice pending)
`shasenour@raklaw.com
`Drew B. Hollander (pro hac vice pending)
`dhollander@raklaw.com
`Christian W. Conkle (CA SBN 306374)
`cconkle@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Facsimile: (310) 826-6991
`
`Attorneys for Plaintiff Scramoge
`Technology Limited
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