' '

'
1 Frederick Gotha, Esq. [SBN 40480]
2
fgtpropat@sbcglobal.net
301 E. Colorado Blvd., Suite 800
3 Pasadena, CA 9110 1
4 Telephone No: 626.796.1849
\Y)
5
Niria M. Arvizu, Esq., [SBN 236994]
6 niria.arvizu@gmail.com
7
301 E. Colorado, Blvd., Suite 800
Pasadena, CA 9110 1
8 Telephone No.: 626.831.8077
9
Attorneys for Plaintiffs,
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New Castle Beverage, Inc., and Ricky D. Monugian
11
12
UNITED STATES DISTRICT COURT
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14
CENTRAL DISTRICT OF CALIFORNIA
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NEW CASTLE BEVERAGE INcf y 1 5
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California corporation, and RICKY D.
18 MONUGIAN, an individual.
19
Plaintiffs,
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21 vs.
22
PREMIER FOODS, LLC, a California
23
Limited Liabili!)' Company, Spicy
Beer Mix, Inc. a California
24
Corporation, and DOES 1-5 inclusive,
Defendants.
COMPLAINT FOR PATENT
INFRINGEMENT; DEMAND FOR
JURY TRIAL
25
26
27
Plaintiffs, NEW CASTLE BEVERAGE, INC., (hereinafter "NEW
28 CASTLE") and Ricky D. Monugian (hereinafter "MONUGIAN") allege as follows
COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL
1 against Defendants, PREMIER FOODS, LLC, ("Premier Foods") a California
2
3
Limited Liability Company, SPICY BEER MIX, INC., ("Spicy Beer") a California
4 Corporation, (collectively the "Defendants") and DOES I through 5, inclusive:
5
6
7
1.
JURISDICTION AND VENUE
This is an action for patent infringement arising under 35 U.S.C.,
8 sections 271 and 281. This Court has original and exclusive jurisdiction over the
9
patent infringement claim pursuant to 28 U.S.C. sections 1331 and 1338(a).
10
11 2. This Court has personal jurisdiction over the Defendants pursuant to
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California Code of Civil Procedure section 410.10. Plaintiffs are informed and
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14
believe, and thereon allege, that Defendants have continuous and substantial
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contacts with the State of California in this Judicial District, and reside within this
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Judicial District.
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3. Venue is proper in this district pursuant to 28 U.S.C. sections 139l(b),
(c), and 1400(b ).
2
COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL
1
2
3
4.
0
PARTIES
Plaintiff, NEW CASTLE, is, and at all times herein mentioned was, a
4 California corporation, duly organized and existing under the laws of the State of
5
California, with its principal place of business at 1115 Centre Drive, City of
6
7
Industry, California 91789, within this Judicial District, and is the exclusive
8 licensee of U.S. Patent No. D652,681 (hereinafter "681 patent"). A copy of the
9
681 patent is attached to this Complaint as Exhibit "1 ".
10
11
5. Plaintiff MONUGIAN is, and at all times herein mentioned was, an
12
individual residing in the State of California, and throughout the period of the
13
14
Defendants', and each of their infringing acts, was the owner and licensor of the
15 681 patent, and still is the owner and licensor of the 681 patent.
16
17
6. Plaintiffs are informed and believe, and thereon allege, that Defendant
18 Premier Foods, LLC, is a California Limited Liability Company, qualified to do
19
business in the State of California, presently does business in the State of
20
21 California, and does business within this Judicial District, having a place of
22
business at with its principal place of business at 12946 Park Street, Santa Fe
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Springs, California, 90670.
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26
7. Plaintiffs are informed and believe, and thereon allege, that
Defendant, Spicy Beer, is a California corporation with its principal place of
27
28 business at 14226 Leffingwell Road, Whittier, California, 90604.
3
COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRlAL
1
2
3
0
8. a. The true names and capacities, whether individual, corporate,
associate, or otherwise, of Defendants DOES 1 through 10, inclusive, are unknown
4 to Plaintiffs, who therefore sue these Defendants by such fictitious names, and
5
Plaintiffs will seek leave to amend this Complaint to set forth their true names and
6
7
capacities when they have ascertained them.
8
9
b. Plaintiffs are informed and believe, and thereon allege, that
each of the Defendants designated herein as a "DOE" is responsible in some
10
11 manner for the events and happenings herein referred to, and caused injury and
12
damage to Plaintiffs as herein alleged.
13
14
15
16
9. a. Plaintiffs are informed and believe, and thereon allege, that at
all times mentioned herein, Defendants, and each of them, were the agents,
17
servants, and employees of each of their co-Defendants.
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b. Plaintiffs are informed and believe, and thereon allege, that in
19
doing the things hereinafter alleged, Defendants, and each of them, were acting in
20
21 the course and scope of their employment as such agents, servants, and employees,
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and with the permission, consent, knowledge and/or ratification of their co-
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Defendants, principals, and employers.
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26
27
28
4
COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL
1
2
3
0
COUNT I-PATENT INFRINGEMENT
10. Defendants, and each of them, use, offer for sale, import and/or sell
4 beverage containers, which infringe the claim of the 681 patent. Defendants, and
5
each of them, will continue their infringing acts unless enjoined by this Court.
6
7
11. Plaintiffs have been damaged by the infringement and are entitled to
8 an award of damages to compensate them for the infringement, together with
9
10
interests and costs.
11 12. Defendants, and each of them, have neither requested nor received
12
any authorization from Plaintiffs to manufacture, have made, use, sell, or offer to
13
14
sell the patented device, but have acted in defiance and disregard of Plaintiffs
15
rights.
16
17
13. Plaintiffs are informed and believe that Defendants, and each of their
18 conduct, presents an exceptional case pursuant to 35 U.S.C. section 285, and
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Plaintiffs are therefore entitled to an award of their reasonable attorney fees.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of
25 them, as follows:
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27
28
(a). a preliminary and final injunction against the continuing infringement;
(b) an accounting for damages; and
5
COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL
I (c) interest, costs, and attorney fees.
2
3
4
5
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Dated:
8
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13
I4
IS
I6
I7
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I9
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Respectfully submitted,
Frederick Gotha, Esq.
Niria M. Arvizu, Esq.
Attorneys for Plaintiffs,
New Castle Beverage, Inc., and
Ricky D. Monugian
6
COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL
1
2
3
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a trial by jury of any issue triable by right
4 of a jury pursuant to Rule 38 of the Federal Rules of Civil Procedure.
5
Dated:
6
7
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10
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21
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27
28
-3. 14.13
Frederic Gotha, Esq.
Niria M. Arvizu, Esq.
Attorneys for Plaintiffs,
New Castle Beverage, Inc., and
Ricky D. Monugian
7
COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL
0
EXHIBIT 1
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1 1 1 1 1 1 1 ~ 1 1 1 1 1 1 1 1 1 1 1 . 1 1 1 1 1 1 1 1 1 1 UIIIUIIMIIIIIIIIII
(12) United States Design Patent
Monugian
(54) BEVERAGE BOLDER
(76) Inventor: Ricky D. Monugian, Ontario, CA (US)
(**) Term: 14 Years
(21) Appl. No.: 291372,035
(22) Filed: Oct. 6, 2010
(51) LOC (9) CJ. .................................................. 0701
(52) U.S. CL .............. , ......................................... D7/510
(58) Field of Classification Search ................... D7/510,
D7/511, 500,532, 900; 215/121.382,388.
215/387; 220/674,715,713,718,592.16,
2201592.17,709, 708; 09/551,529
See application file for complete search history.
(56) References Cited
U.S. PATENT DOCUMENTS
2,782,614 A 2/1957 Currie ........................... 2201718
6,202,877 B! * 3/2001 La Torre et al. ............ 2201254.1
0466,371 S 1212002 Parker ............................ 07/510
0472.101 s * 3/2003 Janky ............................. 07/532
8
USOOD652681S
(tO) Patent No.:
(45) Date of Patent:
US D652,681 S
** Jan. 24, 2012
0535,151 S 112007 Seum et al ..................... 07/510
0586,182 S 212009 Trombly ........................ 07/510
0622.546 S * 812010 Bodum .......................... 07/510
0639.166 S 6120 1 I Carreno ..... ..... .. .......... ... 09/504
" cited by examiner
Primary Examiner- Cynthia Underwood
(57) CLAIM
The ornamental design for a beverage holder, as shown and
described.
DESCRIPTION
FIG. 1 is a Perspective view of a beverage holder showing m}'>
new design;
FIG. 2 is a front view of my new design illustrated in FIG.1;
the rear view of my new design is the mirrorimage of the front
view;
FIG. 3 is a top view thereof; and,
FIG. 4 is a bottom view thereof.
The broken lines represent portions of the environment and
fonn no part of the claim.
1 Claim, 4 Drawing Sheets
0
U.S. Patent Jan.24,2012 Sheet 1 of4 US D652,681 S
FIG.t
9
0
t
1
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U.S. Patent
US D652,681 S
Jan. 24, 2012 Sheet 2 of 4
I
FIG.2
i
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10
0
Jan.24,2012 Sheet 3 of4 US D652,681 S
FIG.3
( \
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11
0
U.S. Patent
I
Jan.24,2012
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12
Sheet 4 of4
US D652,681 S
FIG.4
1
UNITE.TES DISTRICT COURT, CENTRAL DISTRICT .LIFORNIA
CIVIL COVER SHEET
I. (a) PLAINTIFFS ( Check box if you are representing yourself 0 )
NEW CASTLE BEVERAGE INC., a California corporation, and RICKY D. MONUGIAN, an
individual
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same.)
Frederick Gotha [40480] fgtpropat@sbcglobal.net; Niria M. Arvizu [236994]
Arvizu@IPCounsei.US; 301 E. Colorado Blvd., Suite 800, Pasadena, California 91101
(626) 796-1849
DEFENDANTS ( Check box if you are representing yourself 0 )
PREMIER FOODS, LLC, a California Limited Liability Company, Spicy Beer Mix, Inc., a
California corporation, and DOES 1-5
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same.)
II. BASIS 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 plaintiff and one for defendant)
PTF DEF . PTF DEF
0 1. U.S. Government
Plaintiff
O 2. U.S. Government
Defendant
3. Federal Question (U.S.
Government Not a Party)
0 4. Diversity (Indicate Citizenship
of Parties in Item Ill)
Citizen ofThis State 0
1
0
1
Incorporated or Principal Place O
4
D
4
of Business in this State
Citizen of Another State
Citizen or Subject of a
Foreign Country
0 2 0 2 Incorporated and Principal Place
of Business in Another State
0 3 0 3 Foreign Nation
IV. ORIGIN (Place an X in one box only.)
D
5. Transferred from Another
District (Specify)
6.Multi-
D District
Litigation
IV1 1. Original D 2. Removed from D 3. Remanded from
Proceeding State Court Appellate Court
D
4. Reinstated or
Reopened
V. REQUESTED IN COMPLAINT: JURY DEMAND: Yes 0
CLASS ACTION under F.R.Cv.P. 23: 0 Yes No
No (Check "Yes" only if demanded in complaint.)
MONEY DEMANDED IN COJIIIPLAINT: $ To be determined
OTHER STATUTES CONTRACT REAL PROPERTY CONT. IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS
D
375 False Claims Act D
110 Insurance D
240 Torts to Land
D
462 Naturalization Habeas Corpus:
0 820 Copyrights
0
245 Tort Product
Application 0 463 Allen Detainee
0
400 State
D
120 Marine
Liability
4650ther 0 51 0 Motions to Vacate
830Patent
Reapportionment
D
0 130 Miller Act 290 All Other Real
Immigration Actions Sentence
0 840 Trademark
D
410 Antitrust
0 0 530 General
140 Negotiable
Property TORTS SOCIAL SECURITY
0
430 Banks and Banking
0 TORTS
0 535 Death Penalty
D 861 HIA (1395ff) Instrument
0
450 Commerce/ICC
150 Recovery of
PERSONAL INJURY
D
370 Other Fraud
Other:
0 862 Black Lung (923)
Rates/Etc.
0
Overpayment &
0 310 Airplane
0
540 Mandamus/Other
D
460 Deportation Enforcement of
315 Airplane
D
371 Truth in Lending
D
550 Civil Rights
D 863 DIWC/DIWW (405 (g))
Judgment
D
D 470 Racketeer lnflu-
Product Liability
D
380 Other Personal
0
555 Prison Condition
0 864 SSID Title XVI
enced & Corrupt Org.
0
151 Medicare Act
D
320 Assault, Libel & Property Damage
Slander 560 Civil Detainee 0 86S RSI (40S (g))
0
480 ConsumerCredit 1S2 Recovery of
330 Fed. Employers' D
385 Property Damage
D Conditions of
D
Defaulted Student
D
Liability
Product Liability
Confinement FEDERAL TAX SUITS
D
490 Cable/Sat TV
Loan (Excl. Vet.)
BANKRUPTCY FORFEITURE/PENAL TV 870 Taxes (U.S. Plaintiff or
8SO Securities/Com-
D
340Marine
D
422 Appeal 28
D
Defendant)
0
1S3 Recovery of 62S Drug Related
modities/Exchange
0
34S Marine Product usc 1S8
0 Seizure of Property 21
0 Overpayment of
Liability
423 Withdrawal28
0
871 IRS-Third Party 26 USC
890 Other Statutory Vet. Benefits
D
usc 881 7609
D
usc 157
Actions
160 Stockholders'
0
3SO Motor Vehicle
D
891 Agricultural Acts
0
Suits
3SS Motor Vehicle
CIVIL RIGHTS
0
6900ther
D
Product Liability D
440 Other Civil Rights
D
893 Environmental
0
1900ther
360 Other Personal
D
LABOR
Matters
Contract D
Injury
441 Voting
0 710 Fair Labor Standards
D 89S Freedom of Info.
O 19S Contract 362 Personallnju ry-
D
442 Employment
Act
Act
Product Liability
0
Med Malpratice 0 720 Labor/Mgmt.
0 896 Arbitration
I 0 196 Franchise
36S Personal Injury-
D
443 Housing/ Relations
D
Product Liability
Accomodations
0 740 Railway Labor Act
899 Admin. Procedures
REAL PROPERTY
367 Health Care/
445 American with
0 Act/Review of Appeal of
210 Land
Pharmaceutical D
Disabilities-
D 7S1 Family and Medical
Agency Decision
D Condemnation 0
Personal injury
Employment
Leave Act
0 220 Foreclosure
Product Liability
D
446 American with
D 790 Other Labor
O 9SO Constitutionality of
368 Asbestos
Disabilities-Other
Litigation
State Statutes
O 230 Rent Lease &
D Personallnjury
D
448 Education
O 791 Employee Ret. Inc.
Ejectment
Pmdurt 1 iahilitv
Security Act

FoR OFFICE usE ONLY: case Number_: ,__...,. . ...._...UH. "t--i.*'"A_, -tlJ-t. f-'rJ'c::. ... -....,.,!i'
AFTER COMPLETING PAGE 1 OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED ON PAGE 2.
CV-71 (02/13) CIVIL COVER SHEET Page 1 of2
UNITE.ATES DISTRICT COURT, CENTRAL DI.UCT OF CALIFORNIA
CIVIL COVER SHEET
VIII( a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? ~ NO
0 YES
If yes, list case number(s):
VIII( b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case?
~ N O 0 YES
If yes, list case number(s):
Civil cases are deemed related If a previously filed case and the present case:
(Check all boxes that apply) O A. Arise from the same or closely related transactions, happenings, or events; or
0 B. Call for determination of the same or substantially related or similar questions of law and fact; or
0 C. For other reasons would entail substantial duplication of labor if heard by different judges; or
0 D. Involve the same patent, trademark or copyright. and one of the factors identified above in a, b or c also Is present.
IX. VENUE: (When completing the following information, use an additional sheet if necessary.}
(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named
plaintiff resides.
0 Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).
County in this District:*
California County outside ofthis District; State, if other than California; or Foreign
Count
los Angeles
(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 Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).
County in this District:*
California County outside of this District; State, if other than California; or Foreign
Count
los Angeles
(c) List the County in this District; California County outside ofthis 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:*
los Angeles
California County outside of this District; State, if other than California; or Foreign
Count
*Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties
Note: In land condemnation cases, use the location of the tract of land inv ed
Notice to Counsei/Panies: The CV-71 (JS-44) Civil Cover Sheet and the informati contain ere1 neither replace nor supplement the filing and service of pleadings or
other papers as required by law. This form, approved by the Judicial Conference of e United St n September 1974, is required pursuant to local Rule 3-1 is not filed
but is used by the Clerk of the 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 Substantive Statement of Cause of Action
861 HIA
862 Bl
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (02/13)
All claims for health insurance benefits (Medicare) under Title 18, Part A, ofthe Social Security Act, as amended. Also,
include claims by hospitals, skilled nursing facilities, etc., for certification 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 filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus
all claims filed 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. 405 (g))
CIVIL COVER SHEET Page 2 of 2