Case 2:20-cv-00519-JNP Document 2 Filed 07/21/20 Page 1 of 8

Karthik Nadesan (10217) Email: karthik@nadesanbeck.com

David Jones (10134) Email: david@nadesanbeck.com
NADESAN BECK P.C.
8 East Broadway, Suite 625
Salt Lake City, Utah 84111
Telephone: (801) 363-1140

Attorneys for Alpha Grillers LLC.

UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

ALPHA GRILLERS LLC

COMPLAINT
Plaintiff,
v.
Case No. 2:20-cv-00519-JNP
JOHN DOES 1-5, doing business as GRILL
SPARK Judge Jill N. Parrish

Defendants.

Plaintiff Alpha Grillers LLC (“Alpha”), through counsel, complains against Defendant
John Does 1-5 doing business as Grill Spark (“Grill Spark”), as follows:

PARTIES, JURISDICTION, & VENUE

1. Plaintiff Alpha is a Delaware limited liability company with its principal place of
business in Thailand.
2. Upon information and belief, Grill Spark are entities and/or individuals selling
products on Amazon.com (“Amazon”), including under the seller name “Grill Spark.”
3. The citizenship and principal places of business of Grill Spark are unknown.
4. This Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331
as it involves a federal question; under 28 U.S.C. § 2202 as it involves claims related to a patent,
and under 28 U.S.C. § 1332 as the action is between citizens of a State and citizens or subjects of
 Case 2:20-cv-00519-JNP Document 2 Filed 07/21/20 Page 2 of 8

a foreign state, and the amount in controversy in this action, exclusive of interest and costs, exceeds
the sum of $75,000.00.
5. This Court has supplemental jurisdiction over the claims that arise under Utah law
pursuant to 28 U.S.C. § 1367(a) because both the state and federal claims are derived from a
common nucleus of operative facts and considerations of judicial economy dictate the state and
federal issues be consolidated for a single trial.
6. Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b) as, upon
information and belief, the acts, omissions and events giving rise to Alpha’s causes of action
occurred within or were directed to this district.
7. Upon information and belief, Grill Spark markets, sells, and/or distributes products
in Utah.

8. Upon information and belief, Grill Spark has intentionally interfered with Alpha’s
ability to sell and distribute Alpha’s products in Utah.
9. Thus, this Court has specific personal jurisdiction under Utah’s long-arm statute,
Utah Code Ann. § 78B-3-205, because (1) Grill Spark has transacted business within Utah; (2) has
supplied services or goods in Utah; (3) has caused injury within Utah through its conduct that give
rise to this Complaint; and (4) jurisdiction based on Grill Spark’s contacts with Utah (including,
but not limited to, its operation of websites and sales of goods or services) is not inconsistent with

the Constitution of the State of Utah or the Constitution of the United States.

GENERAL ALLEGATIONS
10. Alpha realleges and incorporates the preceding paragraphs of this Complaint.
11. Alpha is the manufacturer and seller of the “Alpha Grillers 18” Grill Brush with
Scraper,” a product line of grill brushes with integrated scrapers (the “Alpha Grill Brush”).
Photographs of the Alpha Grill Brush is attached at Exhibit A.
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12. Upon information and belief, Grill Spark manufactures and sells the Grill Spark
Grill Brush and Scraper 18 inch (the “Grill Spark Brush”) through Amazon.
13. Alpha markets and sells its Alpha Grill Brush through Amazon’s website.
14. Alpha and Grill Spark are competitors in the grill brush market in that both parties
sell grill brushes on Amazon to the same target customers.
15. Upon information and belief, Grill Spark contacted Amazon to claim that the Alpha
Grill Brush infringed on U.S. Design Patent No. D871,773 S (“‘773 patent”). A copy of the ‘773
patent is attached at Exhibit B.
16. Upon information and belief, the ‘773 patent, entitled “Cleaning Brush,” is owned
by Cuimei Ou.
17. Upon information and belief, Grill Spark claimed that it owned the ‘773 patent and

demanded that Amazon stop allowing Alpha to market and sell its grill brush through Amazon’s
website.
18. As a result of Grill Spark’s claims regarding infringement, Amazon halted all
marketing and sale the Alpha Grill Brush until Grill Spark’s claims were resolved.
19. Amazon’s halting of the marketing and sales of the Alpha Grill Brush has resulted
in and continues to result in lost sales and other damages to Alpha.
20. Upon information and belief, Grill Spark has lodged similar complaints with

Amazon against the sellers of other grill brushes with appearances similar to the Alpha Grill Brush.
21. Accordingly, the dispute over whether Alpha infringes on Grill Spark’s allegedly
owned patent has sharpened into an imminent clash of legal rights and obligations between Alpha
and Grill Spark.

FIRST CAUSE OF ACTION

(DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE ‘773 PATENT)
22. Alpha realleges and incorporates the preceding paragraphs of this Complaint.
23. Grill Spark has accused Alpha of infringing the ‘773 patent.
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24. An actual controversy exists between Grill Spark and Alpha regarding whether
Alpha has infringed the ‘773 patent.
25. However, because it does not own all substantial rights in the ‘773 patent, Grill
Spark lacks the authority to enforce the ‘773 patent.
26. In addition, the Alpha Grill Brush does not infringe the ‘773 patent.
27. Specifically, in light of the prior art, the Alpha Grill Brush and the ‘773 patent are
sufficiently distinct that an ordinary observer would not find the two designs to be substantially
the same or confuse one with the other.
28. A comparison of the Alpha Grill Brush and the ‘773patent reveals, at a minimum,
the following dissimilarities:

a. The shape of the front of the coiled wire and bristles of the ‘773 patent differs
substantially from the coiled wire in the Alpha Grill Brush.

b. The coiled wires of the ‘773 patent form a quadrangle while the coiled wire of
the Alpha Grill Brush lacks the top section formed by the coiled wire of the
‘773 patent, and thus, forms more of a triangle.

c. The first bend in the coiled wire of the Alpha Grill Brush is closer to the handle
than the coiled wire of the ‘773 patent.

d. The bristles on the Alpha Grill Brush terminate at the bend between the vertical
section and the bottom horizontal section while the bristles on the ‘773 patent
extend into the bottom horizontal section

e. The shape of the handle of the Alpha Grill Brush is substantially different from
that of the handle in the ‘773 patent. The handle of the Alpha Grillers’ brush is
straight with several protruding rings and a knob at the end. On the other hand,
the handle of the ‘773 patent starts off straight, then transitions to a concavity,
before ending with a convex shape.

29. The only attributes of the ‘773 patent that is substantially similar to the Alpha Grill
Brush design is the presence of three coiled wires with attached bristles, a handle, and the shape
and location of the scrapper.

30. However, these are functional elements that are common in the prior art.

31. This case is exceptional in that Grill Spark does not have the right to enforce the

‘773 patent and its assertion of infringement is frivolous or knowingly baseless.

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32. Accordingly, Alpha is entitled to a judicial declaration that it has not infringed the
‘773 patent, as well as its reasonable costs and attorney fees.

SECOND CAUSE OF ACTION

(VIOLATION OF THE SHERMAN ANTITRUST ACT, 15 U.S.C. §1 ET SEQ.)
33. Alpha realleges and incorporates the preceding paragraphs of this Complaint.
34. Grill Spark’s false claim that any sale of a grill brush with three coiled wires, a

handle, and an attached scraper is a violation of the ‘773 patent is an improper expansion of the
scope of the ‘773 patent.
35. Grill Spark’s false claim has caused damage to Alpha.
36. Grill Spark’s false claims, combined with its complaints against other
manufacturers of grill brushes, are an attempt to monopolize an entire market.
37. By continuously and repeatedly claiming infringement and filing complaints
against all manufacturers and sellers of grill brushes similar to the Alpha Grill Brush, Grill Spark
has a specific intent to achieve a monopoly in the relevant market concerning goods in interstate
commerce.
38. In attempting to unlawfully enforce the ‘773 patent as set forth above, Grill Spark
has engaged in anti-competitive conduct in order to accomplish its intended goal of achieving a
monopoly.
39. If Grill Spark is allowed to continue its anti-competitive conduct, there is a
dangerous probability that Grill Spark will eventually achieve its goal of a monopoly.
40. Alpha has been injured in its business or property as a result of Grill Spark’s anti-
competitive conduct.
41. Grill Spark’s anti-competitive conduct constitutes a violation of the Sherman
Antitrust Act, 15 U.S.C. § 1 et seq., and the Utah Antitrust Act, Utah Code § 76-10-3101 et seq.
 Case 2:20-cv-00519-JNP Document 2 Filed 07/21/20 Page 6 of 8

42. Accordingly, Alpha is entitled to a judgment against Grill Spark for violation of the
Sherman Antitrust Act and the Utah Antitrust Act and holding Grill Spark liable to Alpha for treble
damages totaling at least $75,000, legal costs, prejudgment interest and attorneys’ fees.

THIRD CAUSE OF ACTION

(UNFAIR COMPETITION)
43. Alpha realleges and incorporates the preceding paragraphs of this Complaint.
44. By threatening Alpha and making baseless allegations of patent infringement to
Amazon, despite not having the right to enforce the ‘773 patent, and the Alpha Grill Brush not

infringing the ‘773 patent, Grill Spark has purposely harmed Alpha’s business.
45. Such conduct constitutes an unfair trade practice and unfair competition pursuant
to the Lanham Act, 15 U.S.C. § 1125.
46. Accordingly, Alpha is entitled to a judgment against Grill Spark for violation of the
Lanham Act and holding Grill Spark liable to Alpha for lost economic opportunities, lost profits,
general damages, costs, and attorneys’ fees.

FOURTH CAUSE OF ACTION

(PATENT MISUSE)
47. Alpha realleges and incorporates the preceding paragraphs of this Complaint.
48. Grill Spark’s assertion to Amazon that the manufacture or sale of Alpha Grill Brush
is a violation of the ‘773 patent is an improper expansion of the scopes of those patent.
49. By claiming that the ‘773 patent’s protection extends beyond its lawful scope, Grill
Spark has engaged in patent misuse.
50. Accordingly, all patent rights of Grill Spark in the ‘773 patent, if any, should be
suspended or nullified until the misuse is purged.

FIFTH CAUSE OF ACTION

(VIOLATION OF TRUTH IN ADVERTISING ACT)
51. Alpha realleges and incorporates the preceding paragraphs of this Complaint.
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52. By making false representations of patent infringement to Amazon, despite not

having the right to enforce the ‘773 patent and the Alpha Grill Brush not infringing the ‘773 patent,
Grill Spark has purposely harmed Alpha’s business.
53. Grill Spark’s false representations regarding Alpha’s products violated Utah’s
Truth in Advertising Act, Utah Code § 13-11a-3.
54. Accordingly, Alpha is entitled to a judgment against Grill Spark for violation of the
Truth in Advertising Act and holding Grill Spark liable to Alpha for lost economic opportunities,
lost profits, general damages, costs, and attorneys’ fees.

FIFTH CAUSE OF ACTION

(TORTIOUS INTERFERENCE)
55. Alpha realleges and incorporates the preceding paragraphs of this Complaint.
56. By making false representations of patent infringement to Amazon, despite not
having the right to enforce the ‘773 patent, and the Alpha Grill Brush not infringing the ‘773 patent,
Grill Spark has purposely harmed Alpha’s business.
57. By using false representations to interfere with Alpha’s business, Grill Spark’s
interference was through improper means.
58. Grill Spark’s interference has damaged Alpha’s business and caused injury.
59. Accordingly, Alpha is entitled to a judgment against Grill Spark for tortious
interference and holding Grill Spark liable to Alpha for lost profits, general damages, punitive
damages, and costs.

RELIEF REQUESTED
Based on the foregoing allegations, Alpha requests that the Court enter judgment that:
1. Alpha has not infringed the ‘773 patent;
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2. Alpha is entitled to an award of costs and attorneys’ fees in this exceptional case in
accordance with Section 285 of the Patent Statutes and any other applicable laws, including pre-
judgment and post-judgment interest on any such award;
3. Grill Spark has violated the Sherman Antitrust Act and the Utah Antitrust Act and
Alpha is entitled to treble damages, costs, prejudgment interest and attorneys’ fees.
4. Grill Spark has violated the Lanham Act and Alpha is entitled to general and
consequential damages, lost profits, costs, prejudgment interest and attorneys’ fees.
5. Grill Spark has engaged in patent misuse and its patent rights, if any, are suspended
or nullified until the misuse is purged.
6. Grill Spark has violated the Truth in Advertising Act and Alpha is entitled to
general and consequential damages, lost profits, costs, prejudgment interest and attorneys’ fees.

7. Grill Spark is liable for tortious interference and Alpha is entitled to general and
consequential damages, lost profits, punitive damages, costs, and prejudgment interest.
8. Alpha is entitled to such additional relief as the Court may deem just and proper.

JURY DEMAND
Alpha hereby demands a trial by jury on any matters so triable.

DATED this 21st day of July, 2020.

s/ Karthik Nadesan
NADESAN BECK P.C.
Karthik Nadesan
David Jones

Attorneys for Plaintiff Alpha Grillers LLC

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JS 44 (Rev. 08/18) 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

Alpha Grillers LLC John Does 1-5

(b) County of Residence of First Listed Plaintiff Kent County, DE County of Residence of First Listed Defendant Unknown
(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)
Karthik Nadesan, David Jones (Nadesan Beck PC)
8 E. Broadway, #625, SLC, UT 84111, (801) 363-1140

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 X3 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 X 5 X5
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 X 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 Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 485 Telephone Consumer
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) Protection Act
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) 490 Cable/Sat TV
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 850 Securities/Commodities/
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) Exchange
362 Personal Injury - Product Liability 751 Family and Medical 890 Other Statutory Actions
Medical Malpractice Leave Act 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS 893 Environmental Matters
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 895 Freedom of Information
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) Act
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 896 Arbitration
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 899 Administrative Procedure
245 Tort Product Liability Accommodations 530 General Act/Review or Appeal of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: 462 Naturalization Application 950 Constitutionality of
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration State Statutes
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)
X 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):
28 U.S.C. § 2202, 15 U.S.C. § 1121
VI. CAUSE OF ACTION Brief description of cause:
Declaratory Judgment of Patent Non-Infringement and Unfair Competition
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: X Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
7/20/20
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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