Case 2:17-cv-01537 Document 1 Filed 02/24/17 Page 1 of 16 Page ID #:1

Michael K. Friedland (SBN 157,217)

1 michael.friedland@knobbe.com
Benjamin A. Katzenellenbogen (SBN 208,527)
2 ben.katzenellenbogen@knobbe.com
KNOBBE, MARTENS, OLSON & BEAR, LLP
3 2040 Main Street, Fourteenth Floor
Irvine, CA 92614
4 Telephone: (949) 760-0404
Facsimile: (949) 760-9502
5
Attorneys for Plaintiffs
6 MAKITA CORPORATION and MAKITA U.S.A., INC.
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IN THE UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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13 ) Civil Action No. 2:17-CV-01537
MAKITA CORPORATION and )
14 )
MAKITA U.S.A., INC., ) COMPLAINT FOR
15 ) PATENT INFRINGEMENT
Plaintiffs, ) AND FALSE DESIGNATION OF
16 ) ORIGIN
v. )
17 )
KASTAR (U.S.A.) INC., ) DEMAND FOR JURY TRIAL
18 )
Defendant. )
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 Case 2:17-cv-01537 Document 1 Filed 02/24/17 Page 2 of 16 Page ID #:2

1 Plaintiff Makita Corporation and Makita U.S.A., Inc. (jointly Makita)

2 hereby complains of Kastar (U.S.A.) Inc. (Defendant) and alleges as follows:
3 I. JURISDICTION AND VENUE
4 1. This Court has original subject matter jurisdiction over the claims
5 in this action pursuant to 35 U.S.C. 271 and 281, 15 U.S.C. 1116(a),
6 1121, and 28 U.S.C. 1331 and 1338 as these claims arise under the laws of
7 the United States.
8 2. This Court has personal jurisdiction over Defendant because
9 Defendant has a continuous, systematic, and substantial presence within this
10 judicial district including by selling and offering for sale infringing products in
11 this judicial district, and by committing acts of infringement in this judicial
12 district, including but not limited to selling infringing batteries to consumers
13 and/or retailers in this district and selling into the stream of commerce knowing
14 such products would be sold in California and this district, which acts form a
15 substantial part of the events or omissions giving rise to Makitas claim.
16 3. Venue is proper in this judicial district under 28 U.S.C. 1391(b),
17 1391(d), and 1400(b).
18 II. THE PARTIES
19 4. Plaintiff Makita U.S.A., Inc., is a corporation organized and
20 existing under the laws of the State of California and having its principal place
21 of business at 14930 Northam Drive, La Mirada, California 90638.
22 5. Plaintiff Makita Corporation, is a corporation organized and
23 existing under the laws of Japan, having its principal place of business at 3-11-
24 8, Sumiyoshi-cho, Anjo, Aichi 446-8502, Japan.
25 6. Plaintiff is informed and believes, and thereon alleges, that
26 Defendant is a company organized and existing under the laws of the State of
27 California, having a place of business at 12981 Ramona Blvd., Units H&I,
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1 Baldwin Park, California 91706.

2 7. Makita is informed and believes, and thereon alleges, that
3 Defendant has committed the acts alleged herein within this judicial district.
4 III. GENERAL ALLEGATIONS
5 8. Makita is one of the worlds most iconic brands. The company and
6 its products, particularly in the realm of power tools, are instantly and
7 universally recognized for their innovative technology and distinctive style.
8 Since its founding over 100 years ago, Makitas engineers and designers have
9 worked continuously to bring new technology and breakthrough designs to the
10 market.
11 9. Makita has been actively engaged in the manufacture and sale of
12 high quality power tools and batteries in the United States since at least 1970.
13 Makita manufactures several lines of power tools, accessories, and batteries that
14 have enjoyed substantial success and are protected by various intellectual
15 property rights owned by Makita.
16 10. On March 7, 2006, the United States Patent and Trademark office
17 duly and lawfully issued United States Design Patent No. D516,504 (the D504
18 Patent), titled Battery Pack. Makita is the owner by assignment of all right,
19 title, and interest in the D504 Patent. A true and correct copy of the D504
20 Patent is attached hereto as Exhibit A.
21 11. On February 26, 2002, the United States Patent and Trademark
22 office duly and lawfully issued United States Patent No. 6,350,149 (the 149
23 Patent), titled, Structure of Electrical Terminals for Establishing Electrical
24 Contact Between a Battery Pack and an Electrical Device. Makita is the owner
25 by assignment of all right, title, and interest in the149 Patent. A true and
26 correct copy of the 149 Patent is attached hereto as Exhibit B.
27 12. Defendant makes, uses, sells, offers for sale, and/or imports into
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1 the United States batteries that infringe Makitas intellectual property rights,
2 including the D504 Patent and the 149 Patent.
3 13. Makita has provided the public with constructive notice of its
4 patent rights pursuant to 35 U.S.C. 287.
5 14. Makita manufactures and sells lithium-ion batteries that embody
6 the D504 Patent, examples of which are depicted in the photographs below:
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15. Makita markets these products under the distinctive Makita
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BL18xx series battery names, including the distinctive BL1830 trademark
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(collectively the Makita BL Series Trademarks), an example of which is
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depicted in the photograph below:
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26 16. As a result of Makitas widespread use and display of the
27 distinctive Makita BL Series Trademarks in association with its batteries, (a) the
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1 public has come to recognize and identify batteries bearing the distinctive
2 Makita BL Series Trademarks as emanating from Makita, (b) the public
3 recognizes that products bearing the distinctive Makita BL Series Trademarks
4 constitute high quality products that conform to the specifications created by
5 Makita, and (c) Makita has established strong secondary meaning and extensive
6 goodwill in connection with the distinctive Makita BL Series Trademarks.
7 17. Subsequent to Makitas use and adoption of the distinctive Makita
8 BL Series Trademarks, Defendant has developed, manufactured, imported,
9 advertised, and/or sold products bearing marks that are confusingly similar to
10 the distinctive Makita Trademarks.
11 18. Defendants acts complained of herein have caused Makita to
12 suffer irreparable injury to its business. Makita will continue to suffer
13 substantial loss and irreparable injury unless and until Defendant is enjoined
14 from its wrongful actions complained of herein.
15 19. Defendants infringing batteries also pose potentially serious safety
16 risks to consumers and the general public to the extent Defendants batteries:
17 (i) lack Makitas thermal protection features to prevent overheating and fires;
18 (ii) lack Makitas diagnostic features to prevent charging of damaged and unsafe
19 batteries, or under unsafe conditions; (iii) use inferior battery cells; and (iv) use
20 uncoated circuit boards that are not sealed to help prevent moisture and dust
21 from causing short circuits.
22 20. Makita is informed and believes, and on that basis, alleges, that

23 Defendants acts complained of herein are willful and deliberate.

24 IV. FIRST CLAIM FOR RELIEF

25 (Patent Infringement of the D504 Patent - 35 U.S.C. 271)

26 21. Makita repeats and re-alleges the allegations of paragraphs 1-20 of

27 this Complaint as if set forth fully herein.

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1 22. This is a claim for patent infringement under 35 U.S.C. 271.

2 23. Defendant, through its agents, employees, servants, distributors,
3 and retailers has, and continues to, knowingly, intentionally, and willfully
4 infringe the D504 Patent by making, using, selling, offering for sale, and/or
5 importing batteries having a design that would appear to an ordinary observer to
6 be substantially similar to the claim of the D504 Patent, including for example,
7 Defendants Replacement Makita BL1830 18-Volt 3.0Ah (3000mAh) Lithium-
8 Ion Battery as shown below, which was sold and/or offered for sale at least
9 through the link https://www.amazon.com/Kastar-Rechargeable-Replacement-
10 Lithium-Ion-USA--18-Month/dp/B00VGCNDZ0/.
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12 Defendants Infringing Product Makitas D504 Patent
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24. Defendants acts of infringement of the D504 Patent were
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undertaken without permission or license from Makita. Upon information and
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belief, Defendant had actual knowledge of Makitas rights in the design claimed
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in the D504 Patent. Makita and its iconic designs are well-known throughout
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the power tool industry, and Defendants Replacement Makita BL1830 18-Volt
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3.0Ah (3000mAh) Lithium-Ion Battery is a nearly identical copy of Makitas
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design. Accordingly, Defendants actions constitute willful and intentional
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1 infringement of the D504 Patent. Defendant infringed the D504 Patent with
2 reckless disregard of Makitas patent rights. Defendant knew, or it was so
3 obvious that Defendant should have known, that its actions constituted
4 infringement of the D504 Patent. Defendants acts of infringement of the D504
5 Patent were not consistent with the standards of commerce for its industry.
6 25. As a direct and proximate result of Defendants acts of
7 infringement, Defendant has derived and received gains, profits, and advantages
8 in an amount that is not presently known to Makita.
9 26. Pursuant to 35 U.S.C. 284, Makita is entitled to damages for
10 Defendants infringing acts and treble damages together with interests and costs
11 as fixed by this Court.
12 27. Pursuant to 35 U.S.C. 285, Makita is entitled to reasonable
13 attorneys fees for the necessity of bringing this claim.
14 28. Pursuant to 35 U.S.C. 289, Makita is entitled to recovery of
15 Defendants total profits from Defendants infringement of Makitas design
16 patents.
17 29. Due to the aforesaid infringing acts, Makita has suffered great and
18 irreparable injury, for which Makita has no adequate remedy at law.
19 30. Defendant will continue to infringe Makitas patent rights to the
20 great and irreparable injury of Makita, unless enjoined by this Court.
21 V. SECOND CLAIM FOR RELIEF
22 (Patent Infringement of the 149 Patent - 35 U.S.C. 271)
23 31. Makita repeats and re-alleges the allegations of paragraphs 1-30 of
24 this Complaint as if set forth fully herein.
25 32. This is a claim for patent infringement under 35 U.S.C. 271.
26 33. Defendant, through its agents, employees, servants, distributors,
27 and retailers has, and continues to, knowingly, intentionally, and willfully
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1 infringe at least Claim 1 of the 149 Patent by making, using, selling, offering
2 for sale, and/or importing batteries that satisfy all of the limitations of the
3 claims, including for example, Defendants Replacement Makita BL1830 18-
4 Volt 3.0Ah (3000mAh) Lithium-Ion Battery, which was sold and/or offered for
5 sale at least through the link https://www.amazon.com/Kastar-Rechargeable-
6 Replacement-Lithium-Ion-USA--18-Month/dp/B00VGCNDZ0/.
7 34. Defendants infringing batteries have at least:
8 A structure of electrical terminals for establishing electrical contact
9 between a battery pack and an electrical device by attachment of the
10 battery pack to the electrical device, the structure comprising,
11 a plurality of female terminals provided in the battery pack, and
12 a plurality of male terminals provided in the electrical device and
13 adapted to be coupled to the female terminals,
14 wherein each of the female terminals includes at least two pairs of
15 elastic plates, each pair of elastic plates being capable of holding one of
16 the male terminals therebetween when the battery pack is attached to the
17 electrical device, the elastic plate pairs of each female terminal being
18 disposed along the path of movement of the male terminal when the
19 battery pack is attached to the electrical device such that the number of
20 elastic plate pairs of each female terminal that hold each male terminal
21 therebetween is determined by the length of the male terminal along said
22 path of movement.
23 35. Defendants acts of infringement of the 149 Patent were
24 undertaken without permission or license from Makita. Upon information and
25 belief, Defendant had actual knowledge of Makitas rights in the structure
26 claimed in the 149 Patent. Defendants Replacement Makita BL1830 18-Volt
27 3.0Ah (3000mAh) Lithium-Ion Battery is a nearly identical copy of the
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1 structure claimed in the 149 Patent. Accordingly, Defendants actions

2 constitute willful and intentional infringement of the 149 Patent. Defendant
3 infringed the 149 Patent with reckless disregard of Makitas patent rights.
4 Defendant knew, or it was so obvious that Defendant should have known, that
5 its actions constituted infringement of the 149 Patent. Defendants acts of
6 infringement of the 149 Patent were not consistent with the standards of
7 commerce for its industry.
8 36. As a direct and proximate result of Defendants acts of
9 infringement, Defendant has derived and received gains, profits, and advantages
10 in an amount that is not presently known to Makita.
11 37. Pursuant to 35 U.S.C. 284, Makita is entitled to damages for
12 Defendants infringing acts and treble damages together with interests and costs
13 as fixed by this Court.
14 38. Pursuant to 35 U.S.C. 285, Makita is entitled to reasonable
15 attorneys fees for the necessity of bringing this claim.
16 39. Due to the aforesaid infringing acts, Makita has suffered great and
17 irreparable injury, for which Makita has no adequate remedy at law.
18 40. Defendant will continue to infringe Makitas patent rights to the
19 great and irreparable injury of Makita, unless enjoined by this Court.
20 VI. THIRD CLAIM FOR RELIEF
21 (False Designation of Origin, False Advertising, and Unfair Competition
15 U.S.C. 1125(a))
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23 41. Makita repeats and re-alleges the allegations of paragraphs 1-40 of
24 this Complaint as if set forth fully herein.
25 42. This is a claim for false designation of origin, false advertising, and
26 unfair competition under 15 U.S.C. 1125(a).
27 43. Subsequent to Makitas use and adoption of the Makita BL Series
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1 Trademarks, Defendant has developed, manufactured, imported, advertised,

2 and/or sold products bearing marks that are confusingly similar to the Makita
3 BL Series Trademarks. For example, Defendant sold and/or offered for sale a
4 model BL1830 battery that is confusingly similar to the Makita BL Series
5 Trademarks. The infringing BL1830 mark is circled in image below.
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44. Defendants use of trademarks that are confusingly similar to the
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Makita BL Series Trademarks in connection with its batteries is likely to cause
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confusion, or to cause mistake, or to deceive as to the affiliation, connection, or
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association of Defendant with Makita.
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45. Defendants use of trademarks that are confusingly similar to the
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Makita BL Series Trademarks without Makitas consent constitutes a false
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designation of origin, false or misleading description of fact, or false or
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misleading representation of fact, which is likely to cause confusion, or to cause
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mistake, or to deceive as to the affiliation, connection, or association of such
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person with another person, or as to the origin, sponsorship, or approval of his
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or her goods or commercial activities by another person in violation of
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15 U.S.C. 1125(a).
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46. Such conduct by Defendant is likely to confuse, mislead, and
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deceive Defendants customers, purchasers, and members of the public as to the
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origin of the Defendants products or cause said persons to believe that
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Defendant and/or its products have been sponsored, approved, authorized, or
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1 licensed by Makita or are in some way affiliated or connected with Makita, all
2 in violation of 15 U.S.C. 1125(a) and constitutes unfair competition with
3 Makita.
4 47. Makita is informed and believes, and thereon alleges, that
5 Defendants acts of false designation of origin, false advertising, and unfair
6 competition were undertaken willfully with the express intent to cause
7 confusion, and to mislead and deceive the purchasing public.
8 48. Makita is informed and believes, and thereon alleges, that
9 Defendant has derived and received, and will continue to derive and receive,
10 gains, profits, and advantages from Defendants false designation of origin, false
11 advertising, and unfair competition in an amount that is not presently known to
12 Makita. By reason of Defendants actions, Makita has been damaged and is
13 entitled to monetary relief in an amount to be determined at trial.
14 49. Due to Defendants actions constituting false designation of origin,
15 false advertising, and unfair competition, Makita has suffered and continues to
16 suffer great and irreparable injury, for which Makita has no adequate remedy at
17 law.
18 50. Pursuant to 15 U.S.C. 1117, Makita is entitled to damages for
19 Defendants infringing acts, up to three times actual damages as fixed by this
20 Court, and its reasonable attorneys fees for the necessity of bringing this claim.
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22 WHEREFORE, Makita prays for judgment in its favor against
23 Defendant for the following relief:
24 A. That the Court adjudge Defendant to have willfully infringed the
25 D504 Patent and the 149 Patent under 35 U.S.C. 271;
26 B. That the Court issue a preliminary and permanent injunction
27 enjoining Defendant and its officers, directors, agents, servants, employees,
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1 representatives, distributors, retailers, successors, and assigns, and all persons,

2 firms, or corporations in active concert or participation with Defendant who
3 receive actual notice of the injunction, from engaging in the following activities
4 and from assisting or inducing, directly or indirectly, others to engage in the
5 following activities:
6 1. making, using, selling, offering to sell, and/or importing
7 Defendants BL1830 battery, and any other batteries that
8 are not colorably different therefrom,
9 2. making, using, selling, offering to sell, and/or importing any
10 batteries that create the same overall impression as
11 Defendants BL1830 battery,
12 3. making, using, selling, offering to sell, and/or importing any
13 batteries that have:
14 A structure of electrical terminals for establishing
15 electrical contact between a battery pack and an electrical
16 device by attachment of the battery pack to the electrical
17 device, the structure comprising,
18 a plurality of female terminals provided in the battery
19 pack, and
20 a plurality of male terminals provided in the electrical
21 device and adapted to be coupled to the female terminals,
22 wherein each of the female terminals includes at least
23 two pairs of elastic plates, each pair of elastic plates being
24 capable of holding one of the male terminals therebetween
25 when the battery pack is attached to the electrical device, the
26 elastic plate pairs of each female terminal being disposed
27 along the path of movement of the male terminal when the
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 Case 2:17-cv-01537 Document 1 Filed 02/24/17 Page 13 of 16 Page ID #:13

1 battery pack is attached to the electrical device such that the

2 number of elastic plate pairs of each female terminal that
3 hold each male terminal therebetween is determined by the
4 length of the male terminal along said path of movement;
5 and
6 4. directly or indirectly infringing the D504 Patent or the 149
7 Patent in violation of 35 U.S.C. 271;
8 C. That Defendant account for all gains, profits, and advantages
9 derived by Defendants infringement of the Asserted Patents in violation of
10 35 U.S.C. 271, and that Defendant pay to Makita all damages suffered by
11 Makita and/or Defendants total profit from such infringement pursuant to 35
12 U.S.C. 284 and 289;
13 D. That the Court find for Makita and against Defendant on Makitas
14 claims of false designation of origin, false advertising, and unfair competition
15 under 15 U.S.C. 1125(a);
16 E. That the Court issue a preliminary and permanent injunction
17 enjoining Defendant and its officers, directors, agents, servants, employees,
18 representatives, distributors, retailers, successors, and assigns, and all persons,
19 firms, or corporations in active concert or participation with Defendant who
20 receive actual notice of the injunction, from engaging in the following activities
21 and from assisting or inducing, directly or indirectly, others to engage in the
22 following activities:
23 1. manufacturing, importing, marketing, displaying,
24 distributing, offering to sell, and/or selling Defendants
25 BL1830 battery and any products that are not colorably
26 different therefrom;
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1 2. manufacturing, importing, marketing, displaying,

2 distributing, offering to sell, and/or selling any battery using
3 Makitas BL Series Trademarks, specifically including
4 Makitas BL1830 trademark, and any other trademarks that
5 are confusingly similar to the Makita BL Series Trademarks;
6 3. falsely designating the origin of Defendants goods;
7 4. unfairly competing with Makita in any manner whatsoever;
8 5. causing a likelihood of confusion or injuries to Makitas
9 business reputation
10 F. That an accounting be ordered to determine defendants profits
11 resulting from its patent infringement;
12 G. That defendant disgorge all benefits from defendants wrongful
13 acts, and provide restitution for all harm caused by defendants wrongful acts;
14 H. That Makita be awarded monetary relief in an amount to be fixed
15 by the Court under 15 U.S.C. 1117, including:
16 1. all profits received by defendant from sales and revenues of
17 any kind made as a result of its infringing actions;
18 2. all damages sustained by Makita as a result of Defendants
19 acts of false designation of origin, false advertising, and
20 unfair competition, and that such damages and profits be
21 trebled;
22 3. the costs of this action;
23 I. That such damages and profits be trebled and awarded to Makita
24 pursuant to 15 U.S.C. 1117;
25 J. An Order adjudging that this is an exceptional case;
26 K. That, because of the exceptional nature of this case resulting from
27 Defendants deliberate infringing actions, this Court award to Makita all
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1 reasonable attorneys fees, costs, and disbursements incurred as a result of this

2 action, pursuant to 15 U.S.C. 1117;
3 L. An Order for a trebling of damages and/or exemplary damages
4 because of Defendants willful conduct pursuant to 35 U.S.C. 284;
5 M. An award to Makita of the attorney fees, expenses, and costs
6 incurred by Makita in connection with this action pursuant to 35 U.S.C. 285;
7 N. An award of pre-judgment and post-judgment interest and costs of
8 this action against Defendant; and,
9 O. Such other and further relief as this Court may deem just and
10 proper.
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12 Respectfully submitted,
KNOBBE, MARTENS, OLSON & BEAR, LLP
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Dated: February 24, 2017 By: /s/ Benjamin A. Katzenellenbogen
15 Michael K. Friedland
16 michael.friedland@knobbe.com
Benjamin A. Katzenellenbogen
17 ben.katzenellenbogen@kmob.com

18 Attorneys for Plaintiffs

19 MAKITA CORP., and MAKITA U.S.A., INC.

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1 DEMAND FOR JURY TRIAL

2 Plaintiff Makita, Inc. hereby demands a trial by jury on all issues so
3 triable.
4 Respectfully submitted,
KNOBBE, MARTENS, OLSON & BEAR, LLP
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Dated: February 24, 2017 By: /s/ Benjamin A. Katzenellenbogen
7 Michael K. Friedland
8 michael.friedland@knobbe.com
Benjamin A. Katzenellenbogen
9 ben.katzenellenbogen@kmob.com

10 Attorneys for Plaintiffs

MAKITA CORP., and MAKITA U.S.A., INC.
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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