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28COMPLAINT FOR PATENT INFRINGEMENT

Case No.: ____________________________

Behrooz Shariati (State Bar No. 174436)Email: bshariati@wcsr.comWOMBLE CARLYLE SANDRIDGE & RICE, LLP10050 North Wolfe Road, Suite 260Cupertino, CA 95014Telephone: (408) 341-3040

Attorneys for PlaintiffElectra Bicycle Company, LLC

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

ELECTRA BICYCLE COMPANY,LLC,

Plaintiff,

v.

PEDEGO, LLC,

Defendant.

Case No.:

COMPLAINT FOR PATENTINFRINGEMENT

REQUEST FOR JURY TRIAL

Plaintiff Electra Bicycle Company, LLC (“Electra”) hereby presents its

Complaint for Patent Infringement in the above-captioned action, alleging as

follows:

THE PARTIES

1. Plaintiff Electra Bicycle Company, LLC is a Delaware limited

liability company, with its principal place of business at 3275 Corporate View,

Vista, California 92081. Electra is a wholly-owned subsidiary of EBC Holdings

LLC, a Delaware limited liability company with its principal place of business at

3275 Corporate View, Vista, California 92081.

2. Pedego is a California limited liability company that has its principal

place of business at 1751 Langley Avenue, Irvine, California 92614.

'13CV0932 BLMJAH

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2COMPLAINT FOR PATENT INFRINGEMENT

Case No.: ____________________________

JURISDICTION AND VENUE

3. This civil action for patent infringement arises under the patent laws

of the United States, specifically under Title 35 of the United States Code,

Sections 271, et seq. This Court has subject matter jurisdiction pursuant to 28

U.S.C. §§ 1331 and 1338(a).

4. This Court has personal jurisdiction over Defendant Pedego, LLC

(“Pedego”) at least because Pedego has engaged in substantial business within this

judicial district that is sufficient minimum contact for jurisdiction, including but

not limited to, the offering and selling of their infringing products in this judicial

district.

5. Pedego has committed acts of infringement within this judicial

district giving rise to this action. Accordingly, venue is proper in this judicial

district pursuant to 28 U.S.C. §§ 1391(b), (c), and/or 28 U.S.C. § 1400(b).

GENERAL ALLEGATIONS

6. Electra is an innovator in the field of comfort bicycles, having

developed a bicycle design for an Easy-Riding Bicycle for which the United

States Patent and Trademark Office has awarded two patents.

7. Electra is the assignee of United States Patent No. 7,740,262 (“the

’262 Patent”), which was issued by the United States Patent and Trademark Office

on June 22, 2010.

8. Electra is the assignee of United States Patent No. 8,136,828 (“the

’828 Patent”), which was issued by the United States Patent and Trademark Office

on March 20, 2012.

9. Pedego, by and through its agents, employees and servants, makes,

has made, manufactures, has manufactured, imports, uses, offers for sale, and/or

sells products embodying the claimed invention(s) of the ’262 Patent and the ’828

Patent without authorization, permission or license. Pedego offers for sale and

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3COMPLAINT FOR PATENT INFRINGEMENT

Case No.: ____________________________

sells the infringing products through multiple authorized dealers in this judicial

district.

CLAIMS FOR RELIEF

COUNT I (Infringement of U.S. Patent No. 7,740,262)

10. Electra incorporates herein the allegations in Paragraphs 1 through 9.

11. Pedego, by and through its agents, employees, and servants, has

infringed, directly or indirectly, one or more claims of the ’262 patent, including

without limitation claim 1, by using, making, having made, manufacturing, having

manufactured, importing, promoting, marketing, advertising, distributing, offering

for sale, and selling and/or causing to be offered or sold without Electra’s

authority, certain bicycles that infringe one or more claims of the ’262 Patent

literally and/or under the Doctrine of Equivalents.

12. Pedego’s infringing products include at least Pedego’s Classic

Cruiser bicycles.

13. By reason of Pedego’s infringement, Electra has suffered and is

suffering damages.

14. Upon information and belief, Pedego’s acts of infringement are

willful, having been committed with notice and knowledge of Electra’s patent

rights.

15. Pedego’s acts of infringement are causing irreparable harm to Electra

and will continue to cause irreparable harm to Electra unless enjoined by this

Court.

16. Electra has suffered and will continue to suffer substantial damage to

its business by reason of Pedego’s acts of patent infringement as alleged herein,

and Electra is entitled to recover from Pedego the damages sustained as a result of

Pedego’s infringing acts.

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4COMPLAINT FOR PATENT INFRINGEMENT

Case No.: ____________________________

COUNT II (Infringement of U.S. Patent No. 8,136,828)

17. Electra incorporates herein the allegations in Paragraphs 1 through

16.

18. Pedego, by and through its agents, employees, and servants, has

infringed, directly or indirectly, one or more claims of the ’828 patent including

without limitation claim 1, by using, making, having made, manufacturing, having

manufactured, importing, promoting, marketing, advertising, distributing, offering

for sale, and selling and/or causing to be offered or sold without Electra’s

authority, certain bicycles that infringe one or more claims of the ’828 Patent

literally and/or under the Doctrine of Equivalents.

19. Pedego’s infringing products include at least Pedego’s Classic

Cruiser bicycles.

20. By reason of Pedego’s infringement, Electra has suffered and is

suffering damages.

21. Upon information and belief, Pedego’s acts of infringement are

willful, having been committed with notice and knowledge of Electra’s patent

rights.

22. Pedego’s acts of infringement are causing irreparable harm to Electra

and will continue to cause irreparable harm to Electra unless enjoined by this

Court.

23. Electra has suffered and will continue to suffer substantial damage to

its business by reason of Pedego’s acts of patent infringement as alleged herein,

and Electra is entitled to recover from Pedego the damages sustained as a result of

Pedego’s acts.

RELIEF REQUESTED

WHEREFORE, Electra prays for:

A. judgment that Pedego has infringed one or more claims of the ’262

Patent;

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5COMPLAINT FOR PATENT INFRINGEMENT

Case No.: ____________________________

B. judgment that Pedego has infringed one or more claims of the ’828

Patent;

C. a preliminary and permanent injunction pursuant to 35 U.S.C. § 283

prohibiting Pedego and its officers, agents, servants, employees, attorneys, and all

other persons acting in concert or in participation with it, from continuing

infringement of the ’262 and ’828 Patents.

D. an accounting for all monies received by or on behalf of Pedego and

all damages sustained by Electra as a result of Pedego’s aforementioned

infringement;

E. an award of damages pursuant to 36 U.S.C. § 284;

F. an award of additional damages for willful infringement of the ’262

and ’828 Patents;

G. judgment that this is an exceptional case under 35 U.S.C. §285 and

Electra to be awarded its reasonable attorneys’ fees; and

H. such other relief as the Court deems just and proper.

DEMAND FOR A JURY TRIAL

Pursuant to FED. R. CIV. P. 38, Electra hereby demands trial by jury as to all

issues so triable in this action.

Dated: April 18, 2013 WOMBLE CARLYLE SANDRIDGE& RICE LLP

By: /s/ Behrooz ShariatiBehrooz Shariati (State Bar No. 174436)10050 North Wolfe Road, Suite 260Cupertino, CA 95014Telephone: (408) 341-3040Facsimile: (408) 703-5440Email: bshariati@wcsr.com

Counsel for Plaintiff