Milos Misha Subotincic et. al. v. Propack Processing & Packaging Systems et. al

7/29/2019 Milos Misha Subotincic et. al. v. Propack Processing & Packaging Systems et. al.

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Case 8:13-cv-00066-JST-MLG Document 1 Filed 01/14/13 Page 1 of 47 Page ID #:1


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_____________________________________________________________________________________COMPLAINT

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THE PARTIES

1. Plaintiff Milos Misha Subotincic (Subotincic) is a Canadiancitizen having an address at 83 Riverwood Parkway, Toronto, Ontario, Canada

M8Y4E4.

2. Plaintiff Subo Automation Inc. (Subo) is a corporation establishedand existing under the laws of the province of Ontario, Canada, with a principal

place of business at 83 Riverwood Parkway, Toronto, Ontario, Canada M8Y4E4.

Depending on the context in which it is used herein, the term Plaintiffs is

intended to include both Plaintiffs Subotincic and Subo.

3. Defendant Propack Processing & Packaging Systems Inc. is acorporation established and existing under the laws of the province of Ontario,

Canada, with a principal place of business at 4902 Union Road, Beamsville,

Ontario L0R 1B4, Canada.

4. Upon information and belief, Defendant Chris Follows (Follows)is an individual having an address for service of process at 4902 Union Road,

Beamsville, Ontario L0R 1B4, Canada.

5. At this time, the true names and capacities of Doe Defendants 1-10are not known to Plaintiff, and Plaintiff therefore sues them under fictitious

names. When the actual identities of Does 1 through 10 are determined, Plaintiff

intends to seek leave of Court to amend this Complaint to name such persons as

Doe Defendants. Plaintiff is informed and believes, and thereon alleges, that

Does 1 through 10 participated in one or more of the wrongful acts described

herein, and/or are responsible in some way for one or more of the wrongful acts

and resulting damages alleged herein. Accordingly, depending on the context inwhich it is used herein, the terms Defendants is intended to include not only

Defendants Propack and Follows, but also any other Defendants or any

individuals or other entities acting on behalf of or in coordination with the named

Defendants regarding the matters discussed herein.



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_____________________________________________________________________________________COMPLAINT

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JURISDICTION AND VENUE

6. This action arises under the patent laws of the United States, Title 35United States Code, particularly 271 and 281. This Court has jurisdiction over

the claim for patent infringement under 28 U.S.C. 1331 and 1338(a).

7. Venue is proper in this judicial District under 28 U.S.C. 1391and/or 1400(b) as this action relates to patents, and Defendants, on information

and belief, have committed acts of infringement here.

8. Personal jurisdiction exists generally over the Defendants becausethey have sufficient minimum contacts with the forum as a result of business

conducted within the State of California and within the Central District of

California. Personal jurisdiction also exists specifically over each of the

Defendants because each, directly or through subsidiaries or intermediaries,

makes, uses, sells, and offers for sale, products or services within the State of

California and within the Central District of California, that infringe U.S. Patent

No. 8,240,726.

THE PATENT

9. On August 14, 2012, United States Patent No. 8,240,726, entitledEnd Effector With Multiple Pick-Up Members (the 726 patent) was duly and

legally issued by the United States Patent and Trademark Office. A true and

correct copy of the 726 patent is attached as Exhibit A.

10. Pursuant to 35 U.S.C. 282, the 726 patent is presumed valid.11. Subotincic is the inventor and owner of the entire right, title, and

interest in the 726 patent, including the right to recover damages for past, present

and future infringement.FIRST CAUSE OF ACTION

(patent infringement)

12. Defendants have been and are now making, using, selling, offeringfor sale within the United States, or importing into the United States, end effector



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_____________________________________________________________________________________COMPLAINT

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tools that infringe one or more claims of the 726 patent.

13. By so making, using, selling, offering to sell within the UnitedStates, or importing into the United States the aforementioned products,

Defendants have infringed and continue to infringe the 726 patent, either literally

or by equivalents, and either directly or indirectly by inducing infringement or

contributing to the infringement of the 726 patent.

14. Defendants acts of infringement of the 726 patent as alleged abovehave injured Plaintiffs and Plaintiffs are entitled to recover damages adequate to

compensate them for that infringement, which in no event can be less than a

reasonable royalty.

15. On information and belief, Defendants have been aware of the 726Patent and their infringement thereof since issuance of the 726 Patent. Despite

knowledge of their infringement of the 726 Patent, Defendants continued to

infringe that patent. Defendants therefore willfully infringed the 726 patent.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for entry of judgment:

A. Declaring that the Defendants have infringed one or more claims ofthe 726 patent.

B. That the Defendants account for and pay to Plaintiffs all damagescaused by the infringement of the 726 patent, which by statute can be no less

than a reasonable royalty;

C. That the Defendants have willfully infringed the 726 patent, andthat an award of damages in the highest amount allowed by law be assessedagainst Defendants for the willful infringement.

D. That Plaintiffs be granted their costs, pre-judgment and post-judgment interest on the damages caused to them by reason of the Defendants

infringement of the 726 patent;



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_____________________________________________________________________________________COMPLAINT

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E. That Plaintiffs be granted his attorneys fees in this action;F. That costs be awarded to Plaintiffs;G. That Plaintiffs be granted such other and further relief that is just and

proper under the circumstances.

Respectfully submitted:

January 14, 2013 _________________________Alan Kindred

Ivan PoseyKINDRED | POSEY

Attorneys for Plaintiffs,Subo Automation Inc. and Milos

Misha Subotincic

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JURY DEMAND

Pursuant to Rule 38(b), F. R. Civ. P., plaintiff hereby demands a jury trial

on all issues triable by a jury.

Respectfully submitted:

January 14, 2013 _________________________Alan Kindred

Ivan PoseyKINDRED | POSEY

Attorneys for Plaintiffs,

Subo Automation Inc. and Milos

Misha Subotincic

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EXHIBIT A



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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

V-71 (05/08) CIVIL COVER SHEET Page

VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? G No G Yes

f 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? G No G Yes

f yes, list case number(s):

Civil cases are deemed related if a previously filed case and the present case:

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

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

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

G D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.

X. 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.

G 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 of this District; State, if other than California; or Foreign Country

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.

G Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).


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.


Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo CountiesNote: In land condemnation cases, use the location of the tract of land involved

X. SIGNATURE OF ATTORNEY (OR PRO PER): Date

Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleading

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 file

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 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 certification as providers of services under the

program. (42 U.S.C. 1935FF(b))

862 BL All claims for Black Lung benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 196

(30 U.S.C. 923)

863 DIWC 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 childs insurance benefits based on disability. (42 U.S.C. 405(g))

863 DIWW 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))

864 SSID All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Secu

Act, as amended.

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

U.S.C. (g))

SA CV 10-1946 AG (PJWx)

Milos Misha Subotincic, Canada

Subo Automation Inc., Canada

Propack Processing & Packaging Systems Inc., Canada

Chris Follows, Canada

Orange County, California

January 14, 2013



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Milos Misha Subotincic et. al. v. Propack Processing & Packaging Systems et. al