Case 2:17-cv-01070 Document 1 Filed 07/14/17 Page 1 of 8

7 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON
8 AT SEATTLE
9 KHEPER GAMES, INC., a Washington Case No.
corporation,
10 COMPLAINT FOR PATENT
Plaintiff, INFRINGEMENT
11
v.
12 JURY TRIAL DEMANDED
PACKED PARTY, INC., a Delaware
13 corporation,
Defendant.
14

15 Plaintiff Kheper Games Inc. (Kheper Games) alleges as follows by way of complaint
16 against Defendant Packed Party Inc. (Packed Party or Defendant):
17 PARTIES
18 1.1 Plaintiff Kheper Games is a Washington corporation whose principal place of
19 business is in Seattle, Washington.
20 1.2 Defendant Packed Party, Inc. is a corporation organized under the laws of
21 Delaware with its principal place of business located, upon information and belief, at 17950
22 Preston Road, Suite 980, Dallas, Texas. Upon information and belief, Packed Party is a
23 wholesaler and online retailer with an interactive website selling party and event products,
24 including a product it calls Disco Drink, to retailers and consumers throughout the United
25 States including within this District.
26

MILLER NASH GRAHAM & DUNN LLP

COMPLAINT FOR PATENT INFRINGEMENT - 1 AT T OR NE YS AT LAW
T: 206.624.8300 | F: 206.340.9599
PIER 70
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1

568600-0001/4834-0165-4091.1
 Case 2:17-cv-01070 Document 1 Filed 07/14/17 Page 2 of 8

1 NATURE OF THE ACTION

2 2.1 This is an action for patent infringement, violations of the Lanham Act, unfair
3 competition, and defamation.
4 2.2 Packed Party, Inc. has infringed and continues to infringe, contributes to the
5 infringement of, and/or actively induces others to infringe Kheper Gamess U.S. Patent No. US
6 D768,031 S (the 031 patent).
7 JURISDICTION AND VENUE
8 3.1 Kheper Games realleges and incorporates by reference the allegations of
9 paragraphs 1.1-1.3 of this Complaint as though fully set forth herein.
10 3.2 This Court has jurisdiction over the action pursuant to 15 U.S.C. 1121 (Lanham
11 Act), and 28 U.S.C. 1331 and 1338 because it involves questions of federal patent and unfair
12 competition laws.
13 3.3 This Court also has subject matter jurisdiction pursuant to 28 U.S.C. 1332
14 because the parties are each incorporated and have principal places of business in different states
15 and the amount in controversy exceeds $75,000.00.
16 3.4 This Court also has supplemental jurisdiction over the action pursuant to 28
17 U.S.C. 1367 because all of the claims stated herein are related.
18 3.5 This Court has personal jurisdiction over Defendant for at least the following
19 reasons:
20 (i) Defendant has committed acts of patent infringement and/or contributed to or
21 induced acts of patent infringement by others in this District and elsewhere in
22 Washington and the United States; and/or,
23 (ii) Defendant regularly does business or solicits business, engages in persistent
24 courses of conduct, and/or derives substantial revenue from products and/or
25 services provided to individuals and retailers in this District and in this State.
26 3.6 Upon information and belief, and according to statements by Defendant,

COMPLAINT FOR PATENT INFRINGEMENT - 2 MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
PIER 70
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1
568600-0001/4834-0165-4091.1
 Case 2:17-cv-01070 Document 1 Filed 07/14/17 Page 3 of 8

1 Defendant has or has had the Disco Drink product in at least three national chains.
2 3.7 According to statements by Defendant, Paper Source and Francescas Collections,
3 Inc. are or were customers of Defendant and have purchased the Disco Drink product. It is
4 common knowledge that both Paper Source and Francescas Collections have retail stores
5 located in Seattle and Washington State.
6 3.8 At least one individual has purchased the Disco Drink online and had the
7 infringing item shipped to their residence located in this District.
8 3.9 Defendants Disco Drink is also sold online via their own interactive consumer
9 product websites; via Swoozies.com, an interactive consumer product website; and via Ban.do at
10 bando.com, an interactive consumer product website with retailers in this District.
11 3.10 Upon information and belief, Defendant sold the Disco Drink to either
12 twelveNYC or directly to Macys, a national retailer, and it was sold in Macys stores nationwide
13 during the 2016 holiday season.
14 3.11 Defendant has also engaged in national marketing and press via outlets that are
15 aimed at and reach consumers and retailers in this District such as InStyle, Today (the morning
16 news show), Glamour, Teen Vogue, HuffPost Style, Martha Stewart Weddings, and more.
17 3.12 Packed Party is familiar with Kheper Games and is aware that Kheper Games is
18 based in this District
19 3.13 This Court is the proper venue for this action pursuant to 28 U.S.C. 1391(b)(2)
20 and/or (3), and/or 1391(c)(2), and/or 1400(b).
21 STATEMENT OF FACTS
22 4.1 Kheper Games has been part of the Party and Event Supply Trade industry since
23 1995.
24 4.2 In or about 2015, Packed Party entered the market.
25 4.3 Packed Partys Disco Drink is its featured product. It features on its website
26 landing page, and is highlighted in all photos in the Defendants 2017 Wholesale Catalog. The

COMPLAINT FOR PATENT INFRINGEMENT - 3 MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
PIER 70
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1
568600-0001/4834-0165-4091.1
 Case 2:17-cv-01070 Document 1 Filed 07/14/17 Page 4 of 8

1 catalog lists the Disco Drink as the first item, on its own page, and highlights that it is
2 Defendants BEST SELLER!
3 4.4 Kheper Games is the owner of all rights, title, and interest in the 031 patent, a
4 design patent for an ornamental design for a faceted sphere, which was duly and properly
5 issued by the United States Patent and Trademark Office (USPTO) on October 4, 2016. A copy
6 of the 031 patent is attached as Exhibit A.
7 4.5 The primary feature of Packed Partys Disco Drink is its ornamental design of a
8 faceted sphere.
9 CLAIMS
10 PATENT INFRINGEMENT
11 5.1 Kheper Games realleges and incorporates by reference the allegations of
12 paragraphs 1.1-4.5 of this Complaint as though fully set forth herein.
13 5.2 Upon information and belief, in violation of 35 U.S.C. 271, Defendant is and
14 has been directly infringing, contributing to the infringement of, and/or inducing others to
15 infringe the 031 patent by making, using, selling, and/or offering to sell in the United States, or
16 importing into the United States, products or processes that practice the inventions claimed by
17 the 031 patent, including without limitation the Disco Drink, Original Packed Party Disco
18 Drink Tumbler, and the Original Packed Party Disco Drink.
19 5.3 Kheper Games has been and will continue to be irreparably harmed and damaged
20 by Defendants conduct, and Kheper Games lacks an adequate remedy at law to compensate for
21 this harm and damage.
22 5.4 Upon information and belief, Defendant has gained profit by virtue of their
23 infringement of the 031 patent.
24 5.5 Kheper Games has sustained damages as a direct and proximate result of
25 Defendants infringement of the 031 patent in an amount to be proven at trial.
26

COMPLAINT FOR PATENT INFRINGEMENT - 4 MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
PIER 70
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1
568600-0001/4834-0165-4091.1
 Case 2:17-cv-01070 Document 1 Filed 07/14/17 Page 5 of 8

1 UNFAIR COMPETITION
2 5.6 Kheper Games realleges and incorporates by reference the allegations of
3 paragraphs 1.1-5.5 of this Complaint as though fully set forth herein.
4 5.7 Upon information and belief, in violation of 15 U.S.C. 1125(a), Packed Party is
5 and has been offering for sale and selling the Disco Drink under the false or misleading
6 description of fact or false or misleading representation of fact as Original Packed Party Disco
7 Drink Tumbler, and the Original Packed Party Disco Drink, and this falsity is likely to cause
8 confusion or mistake, or to deceive.
9 5.8 Upon information and belief, in violation of 15 U.S.C. 1125(a), Packed Party is
10 and has been offering for sale and selling the Disco Drink under the false or misleading
11 description of fact or false or misleading representation of fact as Original Packed Party Disco
12 Drink Tumbler, and the Original Packed Party Disco Drink, in commercial advertising or
13 promotion misrepresented the nature, characteristics, or qualities of the Disco Drink as
14 original.
15 5.9 As a result of these actions, Kheper Games has been injured and Packed Party has
16 violated Chapter 19.86 of the Revised Code of Washington, in particular RCW 19.86.020.
17 5.10 Kheper Games has been and will continue to be irreparably harmed and damaged
18 by Defendants conduct, and Kheper Games lacks an adequate remedy at law to compensate for
19 this harm and damage.
20 5.11 Upon information and belief, Defendant has gained profit by virtue of their
21 actions in violation of federal and state unfair competition laws.
22 5.12 Kheper Games has sustained damages as a direct and proximate result of
23 Defendants violation of federal and state unfair competition laws in an amount to be proven at
24 trial.
25 INTERFERENCE WITH BUSINESS RELATIONSHIPS
26 5.13 Kheper Games realleges and incorporates by reference the allegations of

COMPLAINT FOR PATENT INFRINGEMENT - 5 MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
PIER 70
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1
568600-0001/4834-0165-4091.1
 Case 2:17-cv-01070 Document 1 Filed 07/14/17 Page 6 of 8

1 paragraphs 1.1-4.5 of this Complaint as though fully set forth herein.

2 5.14 For more than three years Kheper Games had an on-going contractual business
3 relationship with Francescas Collections, Inc. In violation of Washington law, Defendant
4 intentionally interfered with and caused harm to and, potentially, the loss of this business
5 relationship.
6 5.15 Defendant was aware of and had knowledge of this business relationship.
7 5.16 Defendant intentionally communicated with and took actions that induced or
8 caused harm to and the loss of this business relationship between Kheper Games and Francescas
9 in order to cause Kheper Games economic and reputational injury.
10 5.17 As a proximate cause of Defendants intentional interference, Kheper Games has
11 been damaged in an amount to be proven at trial.
12 DEFAMATION
13 5.18 Kheper Games realleges and incorporates by reference the allegations of
14 paragraphs 1.1-4.5 of this Complaint as though fully set forth herein.
15 5.19 Defendant and/or an authorized agent of Defendant made a false statement that is
16 not protected by privilege causing Kheper Games damages.
17 5.20 On or about February 7, 2017, an authorized agent of Packed Party, told the
18 Family and Youth Product Editor for the New York Amsterdam News who supervises and writes
19 the gift guides and product guides for the paper, that Kheper Gamess Disco Cup was
20 substandard and cheap. Packed Partys agent was speaking freely in a crowded trade hall,
21 and upon information and belief repeated these or similar statements to other attendees of the
22 trade show which typically includes buyers, other sellers, and industry media.
23 5.21 As a result of these false statements, Kheper Games has been damaged in an
24 amount to be proven at trial.
25 REQUEST FOR RELIEF
26 Wherefore, Plaintiff requests that the Court provide the following relief:

COMPLAINT FOR PATENT INFRINGEMENT - 6 MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
PIER 70
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1
568600-0001/4834-0165-4091.1
 Case 2:17-cv-01070 Document 1 Filed 07/14/17 Page 7 of 8

1 1. A judgment that Defendant has intentionally infringed the 031 patent;

2 2. An order and judgment preliminarily and permanently enjoining Defendant and
3 its officers, directors, agents, servants, employees, affiliates, attorneys, and all
4 others acting in privity or in concert with them, and their parents, subsidiaries,
5 divisions, successors and assigns, from further acts of infringement of Kheper
6 Gamess asserted patents;
7 3. A judgment awarding Kheper Games all damages including the amount of
8 Defendants total profits pursuant to 35 U.S.C. 289 and 15 U.S.C. 1117;
9 4. Treble damages pursuant to 35 U.S.C. 284;
10 5. Reasonable funds for future corrective advertising;
11 6. An accounting of Defendants profits;
12 7. A judgment awarding Kheper Games all damages sustained in an amount to be
13 proven at trial;
14 8. A judgment awarding Kheper Games all actual damages sustained, together with
15 the costs of this suit, including reasonable attorney fees pursuant to RCW
16 19.86.090;
17 9. A judgment awarding Kheper Games treble damages pursuant to RCW 19.86.090;
18 10. Pre-judgment and post-judgment interest;
19 11. Costs of suit and attorney fees pursuant to 35 U.S.C. 285 and any other
20 applicable law; and
21 Such other relief to which Kheper Games is entitled or as this Court deems just and
22 equitable.
23 DATED this 14th day of July, 2017.
24
s/Mona McPhee
25 Mona McPhee, WSBA No. 30305
MILLER NASH GRAHAM & DUNN LLP
26 Pier 70, 2801 Alaskan Way, Suite 300

COMPLAINT FOR PATENT INFRINGEMENT - 7 MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
PIER 70
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1
568600-0001/4834-0165-4091.1
 Case 2:17-cv-01070 Document 1 Filed 07/14/17 Page 8 of 8

1 Seattle, WA 98121-1128
Tel: (206) 624-8300
2 Fax: (206) 340-9599
Email: mona.mcphee@millernash.com
3
Attorneys for Plaintiff Kheper Games, Inc.
4

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

COMPLAINT FOR PATENT INFRINGEMENT - 8
MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
PIER 70
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1
568600-0001/4834-0165-4091.1
 Case 2:17-cv-01070 Document 1-1 Filed 07/14/17 Page 1 of 2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

KHEPER GAMES, INC., a Washington corporation PACKED PARTY, INC., a Delaware corportion

(b) County of Residence of First Listed Plaintiff King County, Washington County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Mona K. McPhee, Miller Nash Graham & Dunn LLP, Pier 70, 2801 Chris Holland, Holland Law LLP, 220 Montgomery Street, Suite 800,
Alaskan Way, Suite 300, Seattle, WA 98121, (206) 624-8300 San Francisco, California 94104

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts
362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters
Medical Malpractice Leave Act 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. 1121, 28 U.S.C. 1331 and 1338, and 28 U.S.C. 1332
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
07/14/2017 s/Mona McPhee
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 06/17) Case 2:17-cv-01070 Document 1-1 Filed 07/14/17 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 2:17-cv-01070 Document 1-2 Filed 07/14/17 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Western District
__________ of of
District Washington
__________

KHEPER GAMES, INC. )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
PACKED PARTY, INC. )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Packed Party, Inc.

c/o Registered Agent
Incorporating Services, Ltd.
3500 S DUPONT HIGHWAY
DOVER, DE 19901

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Mona McPhee
Miller Nash Graham & Dunn LLP
Pier 70 ~ 2801 Alaskan Way, Suite 300
Seattle, WA 98121

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 2:17-cv-01070 Document 1-2 Filed 07/14/17 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

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