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This case was last updated from PACER on 06/11/2021 at 13:16:41 (UTC).

Dbest Products, Inc. v. Amazon.com, Inc. et al

Case Summary

On April 12, 2021, Dbest Products, Inc. (“Plaintiff” or “DPI”), represented by Ehab M. Samuel of Hackler Daghighian Martino and Novak PC, filed an intellectual property lawsuit against Amazon.com, Inc. & others (“Defendants”), seeking injunctive and compensatory relief, among other reliefs, for allegedly infringing the U.S. Patent No. 9,233,700 (“the ‘700 Patent”). This case was filed in the U.S. District Court for the Central District of California with Judges James V. Selna and John D. Early presiding. 

 

In its complaint, the Plaintiff alleged that “DPI is the owner of all rights, title, and interest in and to U.S. Patent No. 9,233,700 (“the ‘700 Patent”), which was issued on January 12, 2016, and entitled “PORTABLE CART WITH REMOVABLE SHOPPING BAG”.” Furthermore, “Amazon sells products on amazon.com, and has been advised of the existence of the ‘700 Patent, and of its infringement of at least claim 9 thereof by products sold at amazon.com. As early as March 2, 2021, DPI notified Amazon of the infringing products. Amazon merely sent an automated email with as assigned Case No. 8067208811, but dismissed the notice as incomplete. On March 4, 2021, DPI’s counsel replied to Amazon’s email and enclosed a cease and desist letter containing detailed infringement charts on the Accused Products. Amazon never responded back to DPI’s counsel’s cease and desist letter. Subsequently, on March 17, 2021, having received no response, DPI resent the cease and desist letter to Amazon’s Legal Department at legal@amazon.com. Amazon merely responded with an assigned complaint ID No. 8119677651 and indicated that they notified the sellers, but neither the sellers nor Defendant has taken any action to remove the infringing products from the amazon.com website. The infringing products (“Accused Products”) sold, offered for sale and advertised on amazon.com that infringe at least claim 9 of the ‘700 Patent, and which Amazon has been notified of, include at least; a) Shopping Cart, Super Loading Stair Climber Cart 220 lbs Capacity Grocery Foldable Cart with Extra Large Shopping Bag Laundry Cart with Adjustable Bungee Cord; b) Shopping Cart, Super Loading Grocery Cart 220 lbs Capacity Grocery Shopping Foldable Cart with Extra Large Black Shopping Bag Portable Grocery Cart with Bungee Cord; c) Shopping Cart, Heavy Duty Stair Cart 220 lbs Capacity Grocery Cart with Grey Large Shopping Bag Folding Shopping Cart with Adjustable Bungee Cord.”

 

The Plaintiff further alleged that “Upon information and belief, the Accused Products are promoted in the same marketing channels as DPI’s products. Specifically, the Accused Products are offered for sale directly from the Amazon.com website, from which a customer may purchase products that Amazon ships to the customer anywhere in the United States. The Accused Products are displayed on the product-detail page generated by Amazon, which includes information about the price, description of the goods, and quantity, and can be purchased through Amazon.com upon a single click by the potential purchaser.”

 

There are two claims for relief laid down by the Plaintiff. The first claim is for the alleged Direct Infringement of the ‘700 patent – 35 U.S.C. §§ 271 et seq. The second claim is for the alleged Induced infringement of the ‘700 Patent – 35 U.S.C. §§ 271 et seq.

 

In its prayer for relief, the Plaintiff has requested the court to determine that Defendant has infringed at least claim 9 of the ‘700 Patent; grant injunction permanently enjoining defendants from further infringement of the ’700 Patent; order compensatory damages with reasonable attorney’s fees; award treble damages for willful infringement.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-03147

  • Filing Date:

    04/12/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

James V. Selna

Referral Judge

John D. Early

 

Party Details

Plaintiff

DBEST PRODUCTS, INC.

Defendants

AMAZON.COM, INC.

Does 1 through 10, inclusive

Attorney/Law Firm Details

Plaintiff Attorneys

Ehab M Samuel

Attorney at Hackler Daghighian Martino and Novak PC

10900 Wilshire Boulevard Suite 300

Los Angeles, CA 90024

David A Randall

Attorney at Hackler Daghighian Martino and Novak PC

10900 Wilshire Boulevard Suite 300

Los Angeles, CA 90024

 

Court Documents

#12

(#12) REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (es) (Entered: 05/17/2021)

#11

(#11) NOTICE of Voluntary Dismissal filed by Plaintiff Dbest Products, Inc.. Dismissal is with prejudice. (Samuel, Ehab) (Entered: 05/14/2021)

#10

(#10) Order Setting Rule 26(f) Scheduling Conference for 7/12/2021 at 10:00 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 7/6/2021. (lb) (Entered: 04/30/2021)

#9

(#9) INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) (Entered: 04/14/2021)

#8

(#8) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Amazon.com, Inc. (et) (Entered: 04/13/2021)

#7

(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 04/13/2021)

#6

(#6) NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (et) (Entered: 04/13/2021)

#5

(#5) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by DBEST PRODUCTS, INC.. (Samuel, Ehab) (Entered: 04/12/2021)

#4

(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff DBEST PRODUCTS, INC.. (Samuel, Ehab) (Entered: 04/12/2021)

#3

(#3) NOTICE of Interested Parties filed by Plaintiff DBEST PRODUCTS, INC., (Samuel, Ehab) (Entered: 04/12/2021)

#2

(#2) CIVIL COVER SHEET filed by Plaintiff DBEST PRODUCTS, INC.. (Samuel, Ehab) (Entered: 04/12/2021)

 

Docket Entries

  • 05/17/2021
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  • Docket(#12) REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (es) (Entered: 05/17/2021)

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  • 05/14/2021
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  • Docket(#11) NOTICE of Voluntary Dismissal filed by Plaintiff Dbest Products, Inc.. Dismissal is with prejudice. (Samuel, Ehab) (Entered: 05/14/2021)

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  • 04/30/2021
  • View Court Documents
  • Docket(#10) Order Setting Rule 26(f) Scheduling Conference for 7/12/2021 at 10:00 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 7/6/2021. (lb) (Entered: 04/30/2021)

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  • 04/14/2021
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  • Docket(#9) INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) (Entered: 04/14/2021)

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  • 04/13/2021
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  • Docket(#8) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Amazon.com, Inc. (et) (Entered: 04/13/2021)

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  • 04/13/2021
  • View Court Documents
  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (et) (Entered: 04/13/2021)

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  • 04/12/2021
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  • Docket(#5) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by DBEST PRODUCTS, INC.. (Samuel, Ehab) (Entered: 04/12/2021)

    Read MoreRead Less
  • 04/12/2021
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  • Docket(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff DBEST PRODUCTS, INC.. (Samuel, Ehab) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#3) NOTICE of Interested Parties filed by Plaintiff DBEST PRODUCTS, INC., (Samuel, Ehab) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff DBEST PRODUCTS, INC.. (Samuel, Ehab) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-31099711 - Fee: $402, filed by Plaintiff DBEST PRODUCTS, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Attorney Ehab M Samuel added to party DBEST PRODUCTS, INC.(pty:pla))(Samuel, Ehab) (Entered: 04/12/2021)

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