147891187.1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

L&L CANDLE COMPANY LLC AND 

SOTERA TSCHETTER, INC.,

Plaintiffs,

v.

THE GERSON COMPANY, GERSON 

INTERNATIONAL (H.K.) LTD., STERNO 

HOME INC., NINGBO HUAMAO 

INTERNATIONAL TRADING CO., LTD., 

NINGBO YINZHOU LANGSHENG 

ARTWARE CO., LTD., LIFETIME 

BRANDS, INC., SCOTT BROTHERS 

ENTERTAINMENT, INC., NANTONG YA 

TAI CANDLE ARTS & CRAFTS CO., LTD., 

NAPASTYLE, INC., VERAFLAME 

INTERNATIONAL, INC., MERCHSOURCE, 

LLC, NINGBO MASCUBE IMPORT 

EXPORT COMPANY, DECORWARE 

INTERNATIONAL INC. DBA 

DECOREWARE INC., SHENZHEN 

GOLDENWELL SMART TECHNOLOGY 

CO., LTD., SHENZHEN KSPERWAY 

TECHNOLOGY CO., LTD., NINGBO 

SHANHUANG ELECTRIC APPLIANCE 

CO., YIWU SHENGDA ART CO., LTD., 

SHENZHEN TONGFANG 

OPTOELECTRONIC TECHNOLOGY CO., 

LTD, TFL CANDLES, GUANGDONG 

TONGFANG LIGHTING CO., LTD., 

TONGFANG OPTOELECTRIC COMPANY, 

AND VIRTUAL CANDLES LIMITED,

Defendants.

Case No. 6:20-cv-293

COMPLAINT FOR PATENT 

INFRINGEMENT

DEMAND FOR JURY TRIAL

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 1 of 43
1

147891187.1

Plaintiffs L&L Candle Company LLC (“L&L”) and Sotera Tschetter, Inc. (“Sotera 

Tschetter”) hereby plead the following claims for patent infringement against Defendants, 

and allege as follows:

PARTIES

A. Plaintiffs

1. Plaintiff L&L Candle is a U.S. corporation organized under the laws of the 

state of Delaware with a principal place of business located at 621 Lunar Avenue, Brea, CA 

92821.

2. Plaintiff Sotera Tschetter, Inc. (“Sotera Design”) is a Minnesota corporation 

with a principal place of business at 755 Prior Avenue N., St. Paul, MN 55104.

B. Defendants

i. Gerson Respondents

3. On information and belief, Defendant The Gerson Company (“Gerson”) is a 

corporation organized and existing under the laws of Missouri with headquarters at 1450 

South Lone Elm Road, Olathe, Kansas 66061. 

4. On information and belief, Defendant Gerson International (H.K.) Ltd. 

(“Gerson Hong Kong”) (CR No. 0880157) is a corporation organized and existing under the 

laws of Hong Kong with headquarters at Unit 1310, Harbour Centre, Tower 1, 1 Hok Cheung 

Street, Hung Hom, Kowloon, Hong Kong. 

5. Gerson and Gerson Hong Kong are referred to herein collectively as “Gerson 

Defendants.”

ii. Sterno Home Defendants

6. On information and belief, Defendant Sterno Home Inc. (“Sterno Home”) is a 

corporation organized and existing under the laws of Canada with headquarters at 1 Burbidge 

St, Suite 101, Coquitlam, BC Canada V3K 7B2. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 2 of 43
2

147891187.1

7. On information and belief, Defendant Ningbo Huamao International Trading 

Co., Ltd. (“Ningbo Huamao”) (ID No. 91330212058264439W) is a corporation organized 

and existing under the laws of China with headquarters at 17th Floor, Heng Fu Building 1, 

No 828 Fuming Road, Jiangdong District, Ningbo City, Zhejiang Province, China, 315041. 

8. On information and belief, Defendant Ningbo Yinzhou Langsheng Artware 

Co., Ltd. (“Ningbo Langsheng”) is a corporation organized and existing under the laws of 

China with headquarters at No. 3 Langsheng Road, Yinzhou District, Ningbo City, Zhejiang 

Province, China, 315158. 

9. Sterno Home, Ningbo Huamao, and Ningbo Langsheng are referred to herein 

collectively as “Sterno Home Defendants.”

iii. Lifetime Brands Defendants

10. On information and belief, Defendant Lifetime Brands, Inc. (“Lifetime 

Brands”) is a corporation organized and existing under the laws of Delaware with 

headquarters at 1000 Stewart Avenue, Garden City, NY 11530. 

11. On information and belief, Defendant Scott Brothers Entertainment, Inc. 

(“Scott Brothers”) is a corporation organized and existing under the laws of Nevada with 

headquarters at 8022 S Rainbow Blvd., Suite 421, Las Vegas NV 89139. 

12. On information and belief, Defendant Nantong Ya Tai Candle Arts & Crafts 

Co., Ltd. (“Nantong Ya Tai”) is a corporation organized and existing under the laws of China 

with headquarters at East Industrial Park, Nantong City, Jiangsu Province, China. 

13. Lifetime Brands, Scott Brothers, and Nantong Ya Tai are referred to herein 

collectively as “Lifetime Brands Respondents.”

iv. NapaStyle

14. On information and belief, Defendant NapaStyle, Inc. (“NapaStyle”) is a 

corporation organized and existing under the laws of Delaware with headquarters at 360 

Industrial Ct. Ste A, Benicia California 94510.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 3 of 43
3

147891187.1

v. Veraflame

15. On information and belief, Defendant Veraflame International, Inc. 

(“Veraflame”) is a corporation organized and existing under the laws of Canada with 

headquarters at 1383 8th Ave., W, Vancouver, BC Canada V6H 3W4. 

vi. MerchSource Defendants

16. On information and belief, Defendant MerchSource, LLC (“MerchSource”) is 

a limited liability company organized and existing under the laws of Delaware with 

headquarters at 7755 Irvine Center Drive, Irvine, CA 92618. 

17. On information and belief, Defendant Ningbo Mascube Import Export 

Company (“Ningbo Mascube”) (ID No. 913302067133149827) is a corporation organized 

and existing under the laws of China with headquarters at No. 58 Dagang Middle Road, 

Beilun District, Ningbo City, Zhejiang Province, China, 315826. 

18. MerchSource and Ningbo Mascube are referred to herein collectively as 

“MerchSource Defendants.”

vii. Decorware

19. On information and belief, Defendant Decorware International Inc. dba 

Decoreware Inc. (“Decorware”) is a corporation organized and existing under the laws of 

California with headquarters at 10220 4th Street, Rancho Cucamonga, CA 91730. 

viii. Ksperway Defendants

20. On information and belief, Defendant Shenzhen Goldenwell Smart 

Technology Co., Ltd. (“Shenzhen Goldenwell”) is a corporation organized and existing under 

the laws of China with headquarters at Room 56, 10F, West Building 2, Saige Tech. Indust. 

Prk., Huaqiang North Road, Futian District Shenzhen City, Guangdong Province, China, 

518023. 

21. On information and belief, Defendant Shenzhen Ksperway Technology Co., 

Ltd. (“Shenzhen Ksperway”) is a corporation organized and existing under the laws of China 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 4 of 43
4

147891187.1

with headquarters at Room 58, 1-7R, 10F, Building 2, Saige Tech. Indust. Prk., Huaqiang 

North Road, Futian District, Shenzhen City, Guangdong Province, China, 518023. 

22. Shenzhen Goldenwell and Shenzhen Ksperway are referred to herein 

collectively as “Ksperway Defendants.”

ix. Ningbo Shanhuang

23. On information and belief, Defendant Ningbo Shanhuang Electric Appliance 

Co. (“Ningbo Shanhuang”) is a corporation organized and existing under the laws of China 

with headquarters at 115 Xinggongyi Road, Xinxing Industrial Area, Ninghai County, 

Ningbo City, Zhejiang Province, China, 315600. 

x. Yiwu Shengda

24. On information and belief, Defendant Yiwu Shengda Art Co., Ltd. (“Yiwu 

Shengda”) (ID No. 913307827429106799) is a corporation organized and existing under the 

laws of China with headquarters at No. 16, Tianji Road, Yinan Ind. Zone, Fotang Town, 

Yiwu, Jinhua City, Zhejiang Province, China, 322002. 

xi. Tongfang Defendants

25. On information and belief, Defendant Shenzhen Tongfang Optoelectronic 

Technology Co., Ltd (“Shenzhen Tongfang”) is a company organized and existing under the 

laws of China with headquarters at No. 1191 Guanguang Road, Longhua District, Shenzhen 

City, Guangdong Province, China 518110. 

26. On information and belief, Defendant TFL Candles (“TFL Candles”) is a 

company organized and existing under the laws of China with headquarters at No. 1191 

Guanguang Road, Longhua District, Shenzhen City, Guangdong Province, China, 518110. 

27. On information and belief, Defendant Guangdong Tongfang Lighting Co., 

Ltd. (“Tongfang Lighting”) is a company organized and existing under the laws of China 

with headquarters at Building D, Keng Kou Digital Base, No. 9 Huzxi Rd. Guangzhou, 

Guangdong 510360 China. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 5 of 43
5

147891187.1

28. On information and belief, Defendant Tongfang Optoelectric Company 

(“Tongfang Optoelectric”) is a company organized and existing under the laws of China with 

headquarters at 302 Building, 1193 Plant, Guanguang Road, Guanlan, Longhua District, 

Shenzhen City 518110, China.

29. On information and belief, Defendant Virtual Candles Limited (“Virtual 

Candles”) is a company organized and existing under the laws of England with headquarters 

at Church Farm, Ulcombe, Maidstone, Kent ME17 1DN. 

30. Shenzhen Tongfang, TFL Candles, Tongfang Lighting, Tongfang 

Optoelectric, and Virtual Candles are referred to herein collectively as “Tongfang 

Defendants.”

JURISDICTION AND VENUE

31. This action arises under the patent laws of the United States, Title 35 of the 

United States Code. Accordingly, this Court has subject matter jurisdiction under 28 U.S.C. 

§§ 1331 and 1338(a).

32. This court has personal jurisdiction over Defendants because Defendants 

have, directly or through intermediaries, committed acts within Texas giving rise to this 

action and/or have established minimum contacts with Texas such that the exercise of 

jurisdiction would not offend traditional notions of fair play and substantial justice. 

33. Defendants have placed, and are continuing to place, infringing products into 

the stream of commerce, via established distribution channels, with the knowledge and/or 

understanding that such products are sold in the State of Texas, including in this District. 

34. Defendants have derived substantial revenues from their infringing acts 

occurring within the State of Texas and within this District. 

35. On information and belief, venue is proper in this judicial district under 28 

U.S.C. §§ 1391 and 1400(b) for at least the following defendants: Gerson Hong Kong, Sterno 

Home, Ningbo Huamao, Ningbo Langsheng, Nantong Ya Tai, Veraflame, Ningbo Mascube, 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 6 of 43
6

147891187.1

Shenzhen Goldenwell, Shenzhen Ksperway, Ningbo Shanhuang, Yiwu Shengda, Shenzhen 

Tongfang, TFL Candles, Tongfang Lighting, and Tongfang Optoelectric.1

THE L&L PORTFOLIO

A. L&L Candle

36. L&L was formed in 2017 as a joint venture between Luminara Worldwide 

LLC (“Luminara”) and Shenzhen Liown Electronics Co. Ltd. (“Liown”), the two companies 

that, through their collective efforts and innovations, created and developed the U.S. market 

for artificial, flameless candles. 

37. Such candles utilize electrical and mechanical components to simulate the 

flickering effects of a flame as realistically as possible without the associated fire danger or 

other disadvantages of traditional burning candles. 

38. Luminara’s electric candle innovations stem back to 2008, when Disney 

Enterprises, Inc., a wholly-owned subsidiary of The Walt Disney Co. (collectively, 

“Disney”), filed Provisional Patent Application No. 61/101,611.

39. That provisional reflected work by Disney engineers—so-called 

“Imagineers”—for the Haunted Mansion attraction at the Disneyland park in Anaheim, 

California. Specifically, the Haunted Mansion is an indoor ride in which visitors are 

transported through a series of spooky scenes. 

40. Although many of the Haunted Mansion scenes require candlelight for the 

proper mood and effect, using burning candles would represent a significant fire and safety 

hazard on such an indoor, motorized attraction. Accordingly, Disney’s Imagineers worked 

 1 As to the remainder of the defendants, L&L is unsure whether they maintain sufficient 

facilities in this judicial district to justify venue. Given the number of defendants and the 

substantial overlap of issues between them, L&L has filed a single case naming all of these 

defendants for judicial efficiency purposes, but for any defendant who believes their case is 

more properly venued elsewhere, L&L is open to meeting and conferring regarding an 

interdistrict transfer. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 7 of 43
7

147891187.1

through a variety of artificial candle technologies before arriving at the invention claimed in 

Provisional Patent Application No. 61/101,611.

41. Provisional Patent Application No. 61/101,611 eventually resulted in the 

issuance of a number of United States patents, including the ’660 patent asserted here. 

42. Disney’s rights in the ’660 patent and other parts of its electric candle patent 

portfolio were eventually transferred to Luminara for commercialization. Based in 

Minneapolis, Minnesota, Luminara worked to market and sell electric candles utilizing the 

Disney candle portfolio. This effort included initiating sales and marketing relationships 

with a series of U.S. retailers like Bed, Bath & Beyond and Pottery Barn. Luminara electric 

candles were also featured on broadcasts by the likes of QVC and Home & Garden 

Television.

43. At roughly the same time, Liown was building an analogous electric candle 

business. Beginning with international application PCT/CN2011/076449, filed on June 27, 

2011, Liown received a series of U.S. patents related to its own electric candle innovations, 

including the ’402, ’971, and ’471 patents. In particular, Liown was able to miniaturize 

many of the internal candle components and simplify the design for manufacturing, allowing 

for incorporation of the artificial flame effect in narrower and smaller candle shapes, like 

tapers and tea lights.

44. Where Luminara succeeded selling into so-called “big box” stores, Liown’s 

Los Angeles-based sales team focused much of its commercialization efforts on smaller 

“mom-and-pop” retailers. 

45. In 2017, Luminara and Liown announced their joint venture, L&L. 

Combining the two companies’ differing approaches was challenging but promised potential 

synergies that would benefit customers and the industry as a whole. 

46. While Luminara and Liown assigned many of their existing patents to L&L, 

the company has continued to innovate, building on the foundation laid by its predecessors. 

The ’718 patent stems from an application filed by L&L itself. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 8 of 43
8

147891187.1

47. Collectively, L&L holds approximately 30 patents in the United States, 

covering a wide range of electric candle products and technologies.

48. L&L’s historic lineage, commitment to innovation, and high quality has 

enabled the company to grow into a global leader in the manufacture and sale of electric 

candles. 

49. To assist it with product design work, L&L has engaged Plaintiff Sotera 

Design, a Minnesota corporation with years of computer-aided design and product design 

experience. 

50. L&L has identified a noticeable decrease in sales from 2018 to 2019. A 

primary reason for this decline in sales that L&L observed from 2018 to 2019 is the presence 

of other companies in the market, selling electric candles that also utilize the patented 

technology covered by L&L’s patents without permission. 

B. The L&L Portfolio

51. The asserted patents concern similar technology and are directed to similar 

accused products. Specifically, they are all directed to artificial candles that simulate a flame 

effect using electronic components.

52. Even more specifically, the accused electric candle products typically include 

a plastic or wax shell with electronic components disposed inside. A flame-shaped sheet 

protrudes upward from the top surface of the accused products, and one or more lights or 

LEDs inside the shell shine their light up through the top of the shell onto the flame-shaped 

sheet. The light illuminates the flame sheet, creating the visual effect that it is a glowing 

flame.

53. Real flames are not stationary—they flicker. Accordingly, in the accused 

products, the appearance of motion is introduced through a variety of potential means that 

either alter the duration, brightness, direction, and/or color of light being shone on the flame 

sheet or by physically moving the sheet. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 9 of 43
9

147891187.1

54. Such motion effects are generated and controlled by electric components 

inside the shell, including electronic circuitry that can vary the lighting and mechanical 

elements such as electromagnets that can move physical objects. 

55. As explained in more detail below, the inventions at issue all relate to the 

components used to render a simulated flame effect, including improving the realism of the 

effect and/or altering the size, number, or disposition of components involved in production 

of the effect to allow for use in smaller or differing candle form factors.

THE ASSERTED PATENTS

A. The ’660 Patent

56. L&L is the owner by assignment of U.S. Patent No. 8,550,660 (the “’660 

patent”). The ’660 patent, entitled “Kinetic Flame Device,” was duly and legally issued on 

October 8, 2013. The ’660 patent issued from U.S. Patent Application No. 13/758,050, filed 

June 24, 2014. 

57. The ’660 patent has 3 independent claims and 25 dependent claims. 

58. The ’660 patent is due to expire on July 21, 2029.

59. The ’660 Patent relates in general to an artificial candle that creates a realistic 

flickering flame effect. Traditional candles create safety issues in many environments 

because of the presence of the flame and heat. Prior artificial candles used various 

techniques that resulted in poor imitations of a real flame candle and required substantial 

energy to operate. Among other benefits, the inventive apparatus creates a more realistic 

flickering flame effect using reduced energy consumption by projecting at least two light 

sources onto the outer portions of a plastic flame element and controlling them with a 

lighting program, which can vary the duration, brightness and/or color of the light sources.

B. The ’402 Patent

60. L&L is the owner by assignment of U.S. Patent No. 9,366,402 (the “’402 

patent”). The ’402 patent, entitled “Electronic Lighting Device and Method for 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 10 of 43
10

147891187.1

Manufacturing Same,” was duly and legally issued on June 14, 2016. The ’402 patent issued 

from U.S. Patent Application No. 14/588,507, filed January 2, 2015. 

61. The ’402 patent has 2 independent claims and 13 dependent claims. 

62. The ’402 patent is due to expire on June 27, 2031.

63. The ’402 Patent relates in general to an electronic candle that creates a visual 

experience of true fire while simplifying manufacturing. Cost is a substantial factor in the 

consumer home-goods market and simplifying manufacturing can reduce costs. Among 

other benefits, the inventive apparatus creates a visual experience of true fire by projecting 

light from a light emitting diode, contained entirely within the interior, onto a flame-shaped 

component exposed above the upper surface, and simplifies manufacturing by using the 

sidewall to also serve as a cradle that forms an installation location for the light emitting 

diode

C. The ’971 Patent

64. L&L is the owner by assignment of U.S. Patent No. 9,512,971 (the “’971 

patent”). The ’971 patent, entitled “Electronic Lighting Device and Method for 

Manufacturing Same,” was duly and legally issued on December 6, 2016. The ’971 patent 

issued from U.S. Patent Application No. 14/925,899, filed February 18, 2016. 

65. The ’971 patent has 4 independent claims and 26 dependent claims. 

66. The ’971 patent is due to expire on June 27, 2031.

67. The ’971 Patent relates in general to an electronic candle that creates a visual 

experience of true fire while simplifying manufacturing. Among other benefits, the inventive 

apparatus creates a visual experience of true fire by projecting blinking light from a light 

emitting diode onto a flame-shaped component exposed above the upper surface, and 

simplifies manufacturing by using a cradle that forms an installation location for the light 

emitting diode.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 11 of 43
11

147891187.1

D. The ’471 Patent

68. L&L is the owner by assignment of U.S. Patent No. 9,523,471 (the “’471 

patent”). The ’471 patent, entitled “Electronic Lighting Device and Method for 

Manufacturing Same,” was duly and legally issued on December 20, 2016. The ’471 patent 

issued from U.S. Patent Application No. 15/061,648, filed March 4, 2016. 

69. The ’471 patent has 2 independent claims and 28 dependent claims. 

70. The ’471 patent is due to expire on June 27, 2031.

71. The ’471 Patent relates in general to an electronic candle that simulates 

illumination resembling light from a traditional candle while simplifying manufacturing. 

Among other benefits, the inventive apparatus creates a visual experience of true fire by 

using a flame-shaped component that extends from inside the candle and can pivot on a 

support rod inside the candle, along with a light emitting diode that projects light onto the 

flame-shaped component capable of pivoting, and simplifies manufacturing by using a notch 

in the sidewall of the device to also retain the light emitting diode.

E. The ’718 Patent

72. L&L is the owner by assignment of U.S. Patent No. 10,533,718 (the “’718 

patent”). The ’718 patent, entitled “Electronic Lighting Device,” was duly and legally issued 

on January 14, 2020. The ’718 patent issued from U.S. Patent Application No. 16/395,124, 

filed April 25, 2019. 

73. The ’718 patent has 3 independent claims and 19 dependent claims. 

74. The ’718 patent is due to expire on June 27, 2031.

75. The ’781 Patent also relates in general to an electronic candle that creates a 

visual experience of true fire while simplifying manufacturing. Among other benefits, the 

inventive apparatus creates a visual experience of true fire by projecting a light that blinks 

from a light source onto a flame-shaped component extending out of the top of the candle, 

and simplifies manufacturing by using a light source holding surface that is part of the 

enclosure to support the light emitting diode.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 12 of 43
12

147891187.1

CLAIMS FOR RELIEF

COUNT 1 – INFRINGEMENT OF U.S. PATENT NO. 8,550,660

76. Plaintiffs re-allege and incorporate by reference the allegations in the 

foregoing paragraphs as if fully set forth herein.

A. Gerson Defendants

77. On information and belief, the Gerson Defendants have been and are currently 

directly infringing, literally or under the doctrine of equivalents, one or more claims of the 

’660 Patent by making, using, offering to sell, and/or selling within the United States, and/or 

importing into the United States, without authority, electric candles.

78. On information and belief, and by way of example, the Gerson Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Everlasting 

Glow, Hudson 43, and Oasis products. 

79. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Gerson Defendants have been and are now directly 

infringing under 35 U.S.C. § 271(a) one or more claims of the ’660 Patent, either literally or 

under the doctrine of equivalents. 

80. The Gerson Defendants will continue to infringe the ’660 patent unless and 

until they are enjoined by this Court. 

81. The Gerson Defendants, by way of their infringing activities, have caused and 

continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Gerson Defendants’ acts of 

infringement and, unless the Gerson Defendants are enjoined from their infringement of the 

’660 Patent, Plaintiffs will continue to suffer irreparable harm. 

82. As a result of the Gerson Defendants’ unlawful infringement of the ’660 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 13 of 43
13

147891187.1

recover from the Gerson Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

B. Sterno Home Defendants

83. On information and belief, the Sterno Home Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’660 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

84. On information and belief, and by way of example, the Sterno Home 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Mirage and Mirage Gold products. 

85. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Sterno Home Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’660 Patent, either 

literally or under the doctrine of equivalents. 

86. The Sterno Home Defendants will continue to infringe the ’660 patent unless 

and until they are enjoined by this Court. 

87. The Sterno Home Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the Sterno Home Defendants’ acts of 

infringement and, unless the Sterno Home Defendants are enjoined from their infringement 

of the ’660 Patent, Plaintiffs will continue to suffer irreparable harm. 

88. As a result of the Sterno Home Defendants’ unlawful infringement of the ’660 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Sterno Home Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 14 of 43
14

147891187.1

C. Lifetime Brands Defendants

89. On information and belief, the Lifetime Brand Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’660 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

90. On information and belief, and by way of example, the Lifetime Brand 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Mikasa and Scott Living products. 

91. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Lifetime Brand Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’660 Patent, either 

literally or under the doctrine of equivalents. 

92. The Lifetime Brand Defendants will continue to infringe the ’660 patent 

unless and until they are enjoined by this Court. 

93. The Lifetime Brand Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the Lifetime Brand Defendants’ acts 

of infringement and, unless the Lifetime Brand Defendants are enjoined from their 

infringement of the ’660 Patent, Plaintiffs will continue to suffer irreparable harm. 

94. As a result of the Lifetime Brand Defendants’ unlawful infringement of the 

’660 Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are 

entitled to recover from the Lifetime Brand Defendants the damages adequate to compensate 

for such infringement, which have yet to be determined.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 15 of 43
15

147891187.1

COUNT 2 – INFRINGEMENT OF U.S. PATENT NO. 9,366,402

95. Plaintiffs re-allege and incorporate by reference the allegations in the 

foregoing paragraphs as if fully set forth herein.

A. Gerson Defendants

96. On information and belief, the Gerson Defendants have been and are currently 

directly infringing, literally or under the doctrine of equivalents, one or more claims of the 

’402 Patent by making, using, offering to sell, and/or selling within the United States, and/or 

importing into the United States, without authority, electric candles.

97. On information and belief, and by way of example, the Gerson Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Everlasting 

Glow, Hudson 43, and Oasis products. 

98. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Gerson Defendants have been and are now directly 

infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either literally or 

under the doctrine of equivalents. 

99. The Gerson Defendants will continue to infringe the ’402 patent unless and 

until they are enjoined by this Court. 

100. The Gerson Defendants, by way of their infringing activities, have caused and 

continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Gerson Defendants’ acts of 

infringement and, unless the Gerson Defendants are enjoined from their infringement of the 

’402 Patent, Plaintiffs will continue to suffer irreparable harm. 

101. As a result of the Gerson Defendants’ unlawful infringement of the ’402

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Gerson Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 16 of 43
16

147891187.1

B. Sterno Home Defendants

102. On information and belief, the Sterno Home Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’402 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

103. On information and belief, and by way of example, the Sterno Home 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Mirage and Mirage Gold products. 

104. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Sterno Home Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either 

literally or under the doctrine of equivalents. 

105. The Sterno Home Defendants will continue to infringe the ’402 patent unless 

and until they are enjoined by this Court. 

106. The Sterno Home Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the Sterno Home Defendants’ acts of 

infringement and, unless the Sterno Home Defendants are enjoined from their infringement 

of the ’402 Patent, Plaintiffs will continue to suffer irreparable harm. 

107. As a result of the Sterno Home Defendants’ unlawful infringement of the ’402

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Sterno Home Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

C. Lifetime Brands Defendants

108. On information and belief, the Lifetime Brand Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 17 of 43
17

147891187.1

of the ’402 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

109. On information and belief, and by way of example, the Lifetime Brand 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Mikasa and Scott Living products. 

110. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Lifetime Brand Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either 

literally or under the doctrine of equivalents. 

111. The Lifetime Brand Defendants will continue to infringe the ’402 patent 

unless and until they are enjoined by this Court. 

112. The Lifetime Brand Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the Lifetime Brand Defendants’ acts 

of infringement and, unless the Lifetime Brand Defendants are enjoined from their 

infringement of the ’402 Patent, Plaintiffs will continue to suffer irreparable harm. 

113. As a result of the Lifetime Brand Defendants’ unlawful infringement of the 

’402 Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are 

entitled to recover from the Lifetime Brand Defendants the damages adequate to compensate 

for such infringement, which have yet to be determined.

D. NapaStyle Defendants

114. On information and belief, the NapaStyle Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’402 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 18 of 43
18

147891187.1

115. On information and belief, and by way of example, the NapaStyle Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Napa Style 

products. 

116. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the NapaStyle Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either 

literally or under the doctrine of equivalents. 

117. The NapaStyle Defendants will continue to infringe the ’402 patent unless and 

until they are enjoined by this Court. 

118. The NapaStyle Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the NapaStyle Defendants’ acts of 

infringement and, unless the NapaStyle Defendants are enjoined from their infringement of 

the ’402 Patent, Plaintiffs will continue to suffer irreparable harm. 

119. As a result of the NapaStyle Defendants’ unlawful infringement of the ’402

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the NapaStyle Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

E. Veraflame Defendants

120. On information and belief, the Veraflame Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’402 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

121. On information and belief, and by way of example, the Veraflame Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 19 of 43
19

147891187.1

United States after importation electric candles including, but not limited to, the Veraflame 

and Flickering Candle products. 

122. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Veraflame Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either 

literally or under the doctrine of equivalents. 

123. The Veraflame Defendants will continue to infringe the ’402 patent unless and 

until they are enjoined by this Court. 

124. The Veraflame Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Veraflame Defendants’ acts of 

infringement and, unless the Veraflame Defendants are enjoined from their infringement of 

the ’402 Patent, Plaintiffs will continue to suffer irreparable harm. 

125. As a result of the Veraflame Defendants’ unlawful infringement of the ’402

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Veraflame Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

F. Decorware Defendants

126. On information and belief, the Decorware Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’402 Patent by making, using, offering to sell, and/or selling within the United States,

and/or importing into the United States, without authority, electric candles.

127. On information and belief, and by way of example, the Decorware Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the DW Home 

products. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 20 of 43
20

147891187.1

128. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Decorware Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either 

literally or under the doctrine of equivalents. 

129. The Decorware Defendants will continue to infringe the ’402 patent unless 

and until they are enjoined by this Court. 

130. The Decorware Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Decorware Defendants’ acts of 

infringement and, unless the Decorware Defendants are enjoined from their infringement of 

the ’402 Patent, Plaintiffs will continue to suffer irreparable harm. 

131. As a result of the Decorware Defendants’ unlawful infringement of the ’402

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Decorware Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

G. Ksperway Defendants

132. On information and belief, the Ksperway Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’402 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

133. On information and belief, and by way of example, the Ksperway Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Ksperway 

products.

134. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Ksperway Defendants have been and are now 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 21 of 43
21

147891187.1

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either 

literally or under the doctrine of equivalents. 

135. The Ksperway Defendants will continue to infringe the ’402 patent unless and 

until they are enjoined by this Court. 

136. The Ksperway Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Ksperway Defendants’ acts of 

infringement and, unless the Ksperway Defendants are enjoined from their infringement of 

the ’402 Patent, Plaintiffs will continue to suffer irreparable harm. 

137. As a result of the Ksperway Defendants’ unlawful infringement of the ’402

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Ksperway Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

H. Ningbo Shanhuang

138. On information and belief, Ningbo Shanhuang has been and is currently 

directly infringing, literally or under the doctrine of equivalents, one or more claims of the 

’402 Patent by making, using, offering to sell, and/or selling within the United States, and/or 

importing into the United States, without authority, electric candles.

139. On information and belief, and by way of example, Ningbo Shanhuang

directly infringes the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Luminicious 

products. 

140. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, Ningbo Shanhuang has been and is now directly 

infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either literally or 

under the doctrine of equivalents. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 22 of 43
22

147891187.1

141. Ningbo Shanhuang will continue to infringe the ’402 patent unless and until it 

is enjoined by this Court. 

142. Ningbo Shanhuang, by way of its infringing activities, has caused and 

continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against Ningbo Shanhuang’s acts of infringement 

and, unless Ningbo Shanhuang is enjoined from its infringement of the ’402 Patent, Plaintiffs 

will continue to suffer irreparable harm. 

143. As a result of Ningbo Shanhuang’s unlawful infringement of the ’402 Patent, 

Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to recover 

from Ningbo Shanhuang the damages adequate to compensate for such infringement, which 

have yet to be determined.

I. Yiwu Shengda 

144. On information and belief, the Yiwu Shengda Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’402 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

145. On information and belief, and by way of example, the Yiwu Shengda 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Vinkor, Antizer, YIWER, Pandaing, Dabaiyang, Oshine, Junpei, Aku Tonpa, and Evenice 

products. 

146. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Yiwu Shengda Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either 

literally or under the doctrine of equivalents. 

147. The Yiwu Shengda Defendants will continue to infringe the ’402 patent unless 

and until they are enjoined by this Court. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 23 of 43
23

147891187.1

148. The Yiwu Shengda Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the Yiwu Shengda Defendants’ acts 

of infringement and, unless the Yiwu Shengda Defendants are enjoined from their 

infringement of the ’402 Patent, Plaintiffs will continue to suffer irreparable harm. 

149. As a result of the Yiwu Shengda Defendants’ unlawful infringement of the 

’402 Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are 

entitled to recover from the Yiwu Shengda Defendants the damages adequate to compensate 

for such infringement, which have yet to be determined.

J. Tongfang Defendants

150. On information and belief, the Tongfang Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’402 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

151. On information and belief, and by way of example, the Tongfang Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Tongfang 

products. 

152. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Tongfang Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’402 Patent, either 

literally or under the doctrine of equivalents. 

153. The Tongfang Defendants will continue to infringe the ’402 patent unless and 

until they are enjoined by this Court. 

154. The Tongfang Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Tongfang Defendants’ acts of 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 24 of 43
24

147891187.1

infringement and, unless the Tongfang Defendants are enjoined from their infringement of 

the ’402 Patent, Plaintiffs will continue to suffer irreparable harm. 

155. As a result of the Tongfang Defendants’ unlawful infringement of the ’402

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Tongfang Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

COUNT 3 – INFRINGEMENT OF U.S. PATENT NO. 9,512,971

156. Plaintiffs re-allege and incorporate by reference the allegations in the 

foregoing paragraphs as if fully set forth herein.

A. Sterno Home Defendants

157. On information and belief, the Sterno Home Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’971 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

158. On information and belief, and by way of example, the Sterno Home 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Mirage and Mirage Gold products. 

159. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Sterno Home Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’971 Patent, either 

literally or under the doctrine of equivalents. 

160. The Sterno Home Defendants will continue to infringe the ’971 patent unless 

and until they are enjoined by this Court. 

161. The Sterno Home Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 25 of 43
25

147891187.1

trial. Plaintiffs have no adequate remedy at law against the Sterno Home Defendants’ acts of 

infringement and, unless the Sterno Home Defendants are enjoined from their infringement 

of the ’971 Patent, Plaintiffs will continue to suffer irreparable harm. 

162. As a result of the Sterno Home Defendants’ unlawful infringement of the ’971

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Sterno Home Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

B. Lifetime Brands Defendants

163. On information and belief, the Lifetime Brand Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’971 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

164. On information and belief, and by way of example, the Lifetime Brand 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Mikasa and Scott Living products. 

165. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Lifetime Brand Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’971 Patent, either 

literally or under the doctrine of equivalents. 

166. The Lifetime Brand Defendants will continue to infringe the ’971 patent 

unless and until they are enjoined by this Court. 

167. The Lifetime Brand Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the Lifetime Brand Defendants’ acts 

of infringement and, unless the Lifetime Brand Defendants are enjoined from their 

infringement of the ’971 Patent, Plaintiffs will continue to suffer irreparable harm. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 26 of 43
26

147891187.1

168. As a result of the Lifetime Brand Defendants’ unlawful infringement of the 

’971 Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are 

entitled to recover from the Lifetime Brand Defendants the damages adequate to compensate 

for such infringement, which have yet to be determined.

C. MerchSource Defendants

169. On information and belief, the MerchSource Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’971 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

170. On information and belief, and by way of example, the MerchSource 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Sharper Image products. 

171. By making, using, offering for sale, selling, and/or importing the

aforementioned infringing products, the MerchSource Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’971 Patent, either 

literally or under the doctrine of equivalents. 

172. The MerchSource Defendants will continue to infringe the ’971 patent unless 

and until they are enjoined by this Court. 

173. The MerchSource Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the MerchSource Defendants’ acts of 

infringement and, unless the MerchSource Defendants are enjoined from their infringement 

of the ’971 Patent, Plaintiffs will continue to suffer irreparable harm. 

174. As a result of the MerchSource Defendants’ unlawful infringement of the ’971

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 27 of 43
27

147891187.1

recover from the MerchSource Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

COUNT 4 – INFRINGEMENT OF U.S. PATENT NO. 9,523,471

175. Plaintiffs re-allege and incorporate by reference the allegations in the 

foregoing paragraphs as if fully set forth herein.

A. Gerson Defendants

176. On information and belief, the Gerson Defendants have been and are currently 

directly infringing, literally or under the doctrine of equivalents, one or more claims of the 

’471 Patent by making, using, offering to sell, and/or selling within the United States, and/or 

importing into the United States, without authority, electric candles.

177. On information and belief, and by way of example, the Gerson Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Everlasting 

Glow, Hudson 43, and Oasis products. 

178. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Gerson Defendants have been and are now directly 

infringing under 35 U.S.C. § 271(a) one or more claims of the ’471 Patent, either literally or 

under the doctrine of equivalents. 

179. The Gerson Defendants will continue to infringe the ’471 patent unless and 

until they are enjoined by this Court. 

180. The Gerson Defendants, by way of their infringing activities, have caused and 

continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Gerson Defendants’ acts of 

infringement and, unless the Gerson Defendants are enjoined from their infringement of the 

’471 Patent, Plaintiffs will continue to suffer irreparable harm. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 28 of 43
28

147891187.1

181. As a result of the Gerson Defendants’ unlawful infringement of the ’471 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Gerson Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

B. Veraflame Defendants

182. On information and belief, the Veraflame Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’471 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

183. On information and belief, and by way of example, the Veraflame Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Veraflame 

and Flickering Candle products. 

184. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Veraflame Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’471 Patent, either 

literally or under the doctrine of equivalents. 

185. The Veraflame Defendants will continue to infringe the ’471 patent unless and 

until they are enjoined by this Court. 

186. The Veraflame Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Veraflame Defendants’ acts of 

infringement and, unless the Veraflame Defendants are enjoined from their infringement of 

the ’471 Patent, Plaintiffs will continue to suffer irreparable harm. 

187. As a result of the Veraflame Defendants’ unlawful infringement of the ’471 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 29 of 43
29

147891187.1

recover from the Veraflame Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

C. Ksperway Defendants

188. On information and belief, the Ksperway Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’471 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

189. On information and belief, and by way of example, the Ksperway Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Ksperway 

products. 

190. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Ksperway Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’471 Patent, either 

literally or under the doctrine of equivalents. 

191. The Ksperway Defendants will continue to infringe the ’471 patent unless and 

until they are enjoined by this Court. 

192. The Ksperway Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Ksperway Defendants’ acts of 

infringement and, unless the Ksperway Defendants are enjoined from their infringement of 

the ’471 Patent, Plaintiffs will continue to suffer irreparable harm. 

193. As a result of the Ksperway Defendants’ unlawful infringement of the ’471 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Ksperway Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 30 of 43
30

147891187.1

D. Ningbo Shanhuang

194. On information and belief, Ningbo Shanhuang has been and is currently 

directly infringing, literally or under the doctrine of equivalents, one or more claims of the 

’471 Patent by making, using, offering to sell, and/or selling within the United States, and/or 

importing into the United States, without authority, electric candles.

195. On information and belief, and by way of example, Ningbo Shanhuang

directly infringes the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Luminicious 

products. 

196. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, Ningbo Shanhuang has been and is now directly 

infringing under 35 U.S.C. § 271(a) one or more claims of the ’471 Patent, either literally or 

under the doctrine of equivalents. 

197. Ningbo Shanhuang will continue to infringe the ’471 patent unless and until it 

is enjoined by this Court. 

198. Ningbo Shanhuang, by way of its infringing activities, has caused and 

continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against Ningbo Shanhuang’s acts of infringement 

and, unless Ningbo Shanhuang is enjoined from its infringement of the ’471 Patent, Plaintiffs 

will continue to suffer irreparable harm. 

199. As a result of Ningbo Shanhuang’s unlawful infringement of the ’471 Patent, 

Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to recover 

from Ningbo Shanhuang the damages adequate to compensate for such infringement, which 

have yet to be determined.

E. Yiwu Shengda

200. On information and belief, the Yiwu Shengda Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 31 of 43
31

147891187.1

of the ’471 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

201. On information and belief, and by way of example, the Yiwu Shengda 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Vinkor, Antizer, YIWER, Pandaing, Dabaiyang, Oshine, Junpei, Aku Tonpa, and Evenice 

products. 

202. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Yiwu Shengda Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’471 Patent, either 

literally or under the doctrine of equivalents. 

203. The Yiwu Shengda Defendants will continue to infringe the ’471 patent unless 

and until they are enjoined by this Court. 

204. The Yiwu Shengda Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the Yiwu Shengda Defendants’ acts 

of infringement and, unless the Yiwu Shengda Defendants are enjoined from their 

infringement of the ’471 Patent, Plaintiffs will continue to suffer irreparable harm. 

205. As a result of the Yiwu Shengda Defendants’ unlawful infringement of the 

’471 Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are 

entitled to recover from the Yiwu Shengda Defendants the damages adequate to compensate 

for such infringement, which have yet to be determined.

F. Tongfang Defendants

206. On information and belief, the Tongfang Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’471 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 32 of 43
32

147891187.1

207. On information and belief, and by way of example, the Tongfang Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Tongfang 

products. 

208. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Tongfang Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’471 Patent, either 

literally or under the doctrine of equivalents. 

209. The Tongfang Defendants will continue to infringe the ’471 patent unless and 

until they are enjoined by this Court. 

210. The Tongfang Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Tongfang Defendants’ acts of 

infringement and, unless the Tongfang Defendants are enjoined from their infringement of 

the ’471 Patent, Plaintiffs will continue to suffer irreparable harm. 

211. As a result of the Tongfang Defendants’ unlawful infringement of the ’471 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Tongfang Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

COUNT 5 – INFRINGEMENT OF U.S. PATENT NO. 10,533,718

212. Plaintiffs re-allege and incorporate by reference the allegations in the 

foregoing paragraphs as if fully set forth herein.

A. Gerson Defendants

213. On information and belief, the Gerson Defendants have been and are currently 

directly infringing, literally or under the doctrine of equivalents, one or more claims of the 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 33 of 43
33

147891187.1

’718 Patent by making, using, offering to sell, and/or selling within the United States, and/or 

importing into the United States, without authority, electric candles.

214. On information and belief, and by way of example, the Gerson Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Everlasting 

Glow, Hudson 43, and Oasis products. 

215. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Gerson Defendants have been and are now directly 

infringing under 35 U.S.C. § 271(a) one or more claims of the ’718 Patent, either literally or 

under the doctrine of equivalents. 

216. The Gerson Defendants will continue to infringe the ’718 patent unless and 

until they are enjoined by this Court. 

217. The Gerson Defendants, by way of their infringing activities, have caused and 

continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Gerson Defendants’ acts of 

infringement and, unless the Gerson Defendants are enjoined from their infringement of the 

’718 Patent, Plaintiffs will continue to suffer irreparable harm. 

218. As a result of the Gerson Defendants’ unlawful infringement of the ’718

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Gerson Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

B. Sterno Home Defendants

219. On information and belief, the Sterno Home Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’718 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 34 of 43
34

147891187.1

220. On information and belief, and by way of example, the Sterno Home 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Mirage and Mirage Gold products. 

221. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Sterno Home Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’718 Patent, either 

literally or under the doctrine of equivalents. 

222. The Sterno Home Defendants will continue to infringe the‘`718 patent unless 

and until they are enjoined by this Court. 

223. The Sterno Home Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the Sterno Home Defendants’ acts of 

infringement and, unless the Sterno Home Defendants are enjoined from their infringement 

of the ’718 Patent, Plaintiffs will continue to suffer irreparable harm. 

224. As a result of the Sterno Home Defendants’ unlawful infringement of the ’718 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Sterno Home Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

C. Lifetime Brands Defendants

225. On information and belief, the Lifetime Brand Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’718 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

226. On information and belief, and by way of example, the Lifetime Brand 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 35 of 43
35

147891187.1

selling in the United States after importation electric candles including, but not limited to, the 

Mikasa and Scott Living products. 

227. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Lifetime Brand Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’718 Patent, either 

literally or under the doctrine of equivalents. 

228. The Lifetime Brand Defendants will continue to infringe the ’718 patent 

unless and until they are enjoined by this Court. 

229. The Lifetime Brand Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the Lifetime Brand Defendants’ acts 

of infringement and, unless the Lifetime Brand Defendants are enjoined from their 

infringement of the ’718 Patent, Plaintiffs will continue to suffer irreparable harm. 

230. As a result of the Lifetime Brand Defendants’ unlawful infringement of the 

’718 Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are 

entitled to recover from the Lifetime Brand Defendants the damages adequate to compensate 

for such infringement, which have yet to be determined.

D. MerchSource Defendants

231. On information and belief, the MerchSource Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’718 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

232. On information and belief, and by way of example, the MerchSource 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Sharper Image products. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 36 of 43
36

147891187.1

233. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the MerchSource Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’718 Patent, either 

literally or under the doctrine of equivalents. 

234. The MerchSource Defendants will continue to infringe the ’718 patent unless 

and until they are enjoined by this Court. 

235. The MerchSource Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

trial. Plaintiffs have no adequate remedy at law against the MerchSource Defendants’ acts of 

infringement and, unless the MerchSource Defendants are enjoined from their infringement 

of the ’718 Patent, Plaintiffs will continue to suffer irreparable harm. 

236. As a result of the MerchSource Defendants’ unlawful infringement of the ’718 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the MerchSource Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

E. Decorware Defendants

237. On information and belief, the Decorware Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’718 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

238. On information and belief, and by way of example, the Decorware Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the DW Home 

products. 

239. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Decorware Defendants have been and are now 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 37 of 43
37

147891187.1

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’718 Patent, either 

literally or under the doctrine of equivalents. 

240. The Decorware Defendants will continue to infringe the ’718 patent unless 

and until they are enjoined by this Court. 

241. The Decorware Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Decorware Defendants’ acts of 

infringement and, unless the Decorware Defendants are enjoined from their infringement of 

the ’718 Patent, Plaintiffs will continue to suffer irreparable harm. 

242. As a result of the Decorware Defendants’ unlawful infringement of the ’718 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Decorware Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

F. Ksperway Defendants

243. On information and belief, the Ksperway Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’718 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

244. On information and belief, and by way of example, the Ksperway Defendants 

directly infringe the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Ksperway 

products. 

245. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Ksperway Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’718 Patent, either 

literally or under the doctrine of equivalents. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 38 of 43
38

147891187.1

246. The Ksperway Defendants will continue to infringe the ’718 patent unless and 

until they are enjoined by this Court. 

247. The Ksperway Defendants, by way of their infringing activities, have caused 

and continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against the Ksperway Defendants’ acts of 

infringement and, unless the Ksperway Defendants are enjoined from their infringement of 

the ’718 Patent, Plaintiffs will continue to suffer irreparable harm. 

248. As a result of the Ksperway Defendants’ unlawful infringement of the ’718 

Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to 

recover from the Ksperway Defendants the damages adequate to compensate for such 

infringement, which have yet to be determined.

G. Ningbo Shanhuang

249. On information and belief, Ningbo Shanhuang has been and is currently 

directly infringing, literally or under the doctrine of equivalents, one or more claims of the 

’718 Patent by making, using, offering to sell, and/or selling within the United States, and/or 

importing into the United States, without authority, electric candles.

250. On information and belief, and by way of example, Ningbo Shanhuang

directly infringes the asserted claims by selling for importation, importing, and selling in the 

United States after importation electric candles including, but not limited to, the Luminicious 

products. 

251. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, Ningbo Shanhuang has been and is now directly 

infringing under 35 U.S.C. § 271(a) one or more claims of the ’718 Patent, either literally or 

under the doctrine of equivalents. 

252. Ningbo Shanhuang will continue to infringe the ’718 patent unless and until it 

is enjoined by this Court. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 39 of 43
39

147891187.1

253. Ningbo Shanhuang, by way of its infringing activities, has caused and 

continue to cause Plaintiffs to suffer damages in an amount to be determined at trial. 

Plaintiffs have no adequate remedy at law against Ningbo Shanhuang’s acts of infringement 

and, unless Ningbo Shanhuang is enjoined from its infringement of the ’718 Patent, Plaintiffs 

will continue to suffer irreparable harm. 

254. As a result of Ningbo Shanhuang’s unlawful infringement of the ’718 Patent, 

Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are entitled to recover 

from Ningbo Shanhuang the damages adequate to compensate for such infringement, which 

have yet to be determined.

H. Yiwu Shengda 

255. On information and belief, the Yiwu Shengda Defendants have been and are 

currently directly infringing, literally or under the doctrine of equivalents, one or more claims 

of the ’718 Patent by making, using, offering to sell, and/or selling within the United States, 

and/or importing into the United States, without authority, electric candles.

256. On information and belief, and by way of example, the Yiwu Shengda 

Defendants directly infringe the asserted claims by selling for importation, importing, and 

selling in the United States after importation electric candles including, but not limited to, the 

Vinkor, Antizer, YIWER, Pandaing, Dabaiyang, Oshine, Junpei, Aku Tonpa, and Evenice 

products. 

257. By making, using, offering for sale, selling, and/or importing the 

aforementioned infringing products, the Yiwu Shengda Defendants have been and are now 

directly infringing under 35 U.S.C. § 271(a) one or more claims of the ’718 Patent, either 

literally or under the doctrine of equivalents. 

258. The Yiwu Shengda Defendants will continue to infringe the ’718 patent unless 

and until they are enjoined by this Court. 

259. The Yiwu Shengda Defendants, by way of their infringing activities, have 

caused and continue to cause Plaintiffs to suffer damages in an amount to be determined at 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 40 of 43
40

147891187.1

trial. Plaintiffs have no adequate remedy at law against the Yiwu Shengda Defendants’ acts 

of infringement and, unless the Yiwu Shengda Defendants are enjoined from their 

infringement of the ’718 Patent, Plaintiffs will continue to suffer irreparable harm. 

260. As a result of the Yiwu Shengda Defendants’ unlawful infringement of the 

’718 Patent, Plaintiffs have suffered and will continue to suffer damage. Plaintiffs are 

entitled to recover from the Yiwu Shengda Defendants the damages adequate to compensate 

for such infringement, which have yet to be determined.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor 

as follows:

A. Holding that Defendants have infringed, literally and/or under the doctrine of 

equivalents, one or more of the claims of the Plaintiff’s United States Patent No. 8,550,660;

B. Holding that Defendants have infringed, literally and/or under the doctrine of 

equivalents, one or more of the claims of the Plaintiff’s United States Patent No. 9,366,402;

C. Holding that Defendants have infringed, literally and/or under the doctrine of 

equivalents, one or more of the claims of the Plaintiff’s United States Patent No. 9,512,971;

D. Holding that Defendants have infringed, literally and/or under the doctrine of 

equivalents, one or more of the claims of the Plaintiff’s United States Patent No. 9,523,471;

E. Holding that Defendants have infringed, literally and/or under the doctrine of 

equivalents, one or more of the claims of the Plaintiff’s United States Patent No. 10,533,718;

F. Permanently enjoining Defendants and their officers, directors, agents, 

servants, employees, affiliates, divisions, branches, subsidiaries, parents, and all others acting 

in concert or privity with any of them from infringing, inducing the infringement of, or 

contributing to the infringement of any of Plaintiffs’ Patents; 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 41 of 43
41

147891187.1

G. Permanently enjoining the manufacture, use, offering for sale and/or sale of 

the products and services made and/or sold by Defendants that are found to infringe any of 

Plaintiffs’ Patents; 

H. Awarding to Plaintiffs the damages to which they are entitled under 35 U.S.C. 

§ 284 for Defendants’ past infringement and any continuing or future infringement up until 

the date Defendants are finally and permanently enjoined from further infringement, 

including compensatory damages; 

I. Declaring this to be an exceptional case and awarding Plaintiffs’ attorneys’ 

fees under 35 U.S.C. § 285; 

J. Awarding Plaintiffs costs and expenses in this action;

K. Awarding Plaintiffs pre- and post-judgment interest on its damages; and

L. Awarding Plaintiffs such other and further relief in law or in equity as this 

Court deems just and proper. 

JURY DEMAND

Plaintiffs, under Rule 38 of the Federal Rules of Civil Procedure, request a trial by 

jury of any and all issues so triable by right. 

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 42 of 43
42

147891187.1

Dated: April 15, 2020 Respectfully submitted,

By: /s/ Thomas N. Millikan

Thomas N. Millikan

Texas State Bar No. 24105276

California State Bar No. 234430

TMillikan@perkinscoie.com

Joseph P. Reid, Pro Hac Vice

California State Bar No. 211082

JReid@perkinscoie.com

PERKINS COIE LLP

11452 El Camino Real, Suite 300

San Diego, CA 92130-2080

Telephone: (858) 720-5700

Facsimile: (858) 720-5799

James B. Coughlan, Pro Hac Vice

District of Columbia Bar No. 453033

PERKINS COIE LLP

131 S. Dearborn St., Ste. 1700

Chicago, IL 60603-5559

Telephone: (312) 324-8400

Facsimile: (312) 324-9400

JCoughlan@perkinscoie.com

ATTORNEYS FOR PLAINTIFFS

L&L CANDLE COMPANY LLC and 

SOTERA TSCHETTER, INC

Case 6:20-cv-00293-ADA Document 1 Filed 04/15/20 Page 43 of 43