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1 Steven J. Corr (CA Bar No. 216243) [email protected] 2 JONES DAY 555 South Flower Street 3 Fiftieth Floor Los Angeles, CA 90071 4 Telephone: +1.213.243.2327 Facsimile: +1.213.243.2539 5 Ryan B. McCrum (pro hac vice pending) 6 [email protected] John C. Evans (pro hac vice pending) 7 [email protected] JONES DAY 8 North Point 901 Lakeside Avenue 9 Cleveland, OH 44114 Telephone: +1.216.586.3939 10 Facsimile: +1.216.579.0212

11 Attorneys for Plaintiff STRIX LIMITED 12 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 13

14 STRIX LIMITED, Case No. 2:16-cv-02957

15 Plaintiff, COMPLAINT FOR PATENT 16 INFRINGEMENT

17 v. JURY TRIAL DEMANDED 18 TOPNET, INC. d/b/a OVENTE; and 19 AMAZON.COM, INC. 20 Defendants. 21 22 Plaintiff Strix Limited (“Strix”), for its complaint against Defendants 23 TopNet, Inc. d/b/a Ovente (“Ovente”) and Amazon.com, Inc. (“Amazon”), alleges 24 the following: 25 THE PARTIES 26 1. Strix is a corporation organized and existing under the laws of the Isle 27 of Man and has its principal place of business at Forrest House, Ronaldsway, Isle of 28 Man, IM9 2RG, British Isles.

COMPLAINT FOR PATENT INFRINGEMENT

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1 2. Strix was originally founded in 1951 (as Castletown Thermostats) and 2 has since become the world leader in kettle controls, with its products being used 1 3 billion times a day globally. Strix is an innovator in the kettle control field, and 4 designs, engineers, and produces high quality kettle controls. In 2009, Strix sold its 5 billionth kettle control. Strix kettle controls are used in many of the most popular 6 and recognizable kettle brands, including Hamilton Beach, Cuisinart, Salton, 7 Philips, Tefal, Bosch, Morphy Richards, Russell Hobbs, and Breville. 8 3. Strix owns more than 600 patents outside the U.S., and over 50 U.S. 9 patents, including U.S. Patent No. 5,971,810 (“the ’810 patent”) asserted in this 10 Complaint. 11 4. On information and belief, Ovente is a business entity organized and 12 existing under the laws of California with a principal place of business at 10730 13 McCune Avenue, Los Angeles, CA 90034. On information and belief, Ovente 14 may be served with process by serving its registered agent, Hertzel Y. Machmali, 15 10730 McCune Avenue, Los Angeles, CA 90034. 16 5. According to its website (http://ovente.com/), Ovente offers a range of 17 housewares products, including at least the following electric kettle model numbers 18 (where the letter “x” indicates the color of the kettle): KG72x; KG83x; KS88x; and 19 KS96x. (http://ovente.com/kitchen/hot-water/electric-kettle.html). 20 6. On information and belief, Amazon is a corporation organized and 21 existing under the laws of Delaware with a principal place of business at 1200 22 Twelfth Avenue South, Seattle, Washington. On information and belief, Amazon 23 may be served with process by serving its registered agent, Corporation Service 24 Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501 and 2710 25 Gateway Oaks Drive Suite 150N, Sacramento, CA 95833. 26 7. According to its website (http://www.amazon.com), Amazon offers 27 Ovente electric kettles for sale (e.g., http://www.amazon.com/Ovente-KG83B- 28 Cordless-Electric-Kettle/dp/B00DEPGY7G). More particularly, Amazon offers for

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1 sale at least the following Ovente electric kettle model numbers specified by ten- 2 digit Amazon Standard Identification Numbers (“ASINs”): 3 4 1. B00DEPGY7G: Ovente KG83B Glass Electric Kettle, 1.5 L, Black 5 2. B00I32GPVK: Ovente KG83W Glass Electric Kettle, 1.5 L, White 6 3. B00RYAIB64: Ovente KG83F Glass Electric Kettle, 1.5 L, Pink 7 4. B00I32GRI6: Ovente KG83G Glass Electric Kettle, 1.5 L, Green 8 5. B00I32GN08: Ovente KG83R Glass Electric Kettle, 1.5 L, Red 9 6. B00I32GK8S: Ovente KG830 Glass Electric Kettle, 1.5 L, Orange 10 7. B00RYAIB46: Ovente KG83V Glass Electric Kettle, 1.5 L, Purple 11 8. B00KY4CTY2: Ovente KG83M Glass Electric Kettle, 1.5 L, Maroon 12 9. B00DEPUDMS: Ovente KS96R Stainless Steel Cordless Electric 13 Kettle, 1.7 L, Red 14 10. B00DEPUCS8: Ovente KS96S Stainless Steel Cordless Electric 15 Kettle, 1.7 L, Brushed 16 11. B00DEPUCSI: Ovente KS96BG Stainless Steel Cordless Electric 17 Kettle, 1.7 L, Beige 18 JURISDICTION AND VENUE 19 8. This is an action for patent infringement arising under the Patent Laws 20 of the United States, Title 35 of the U.S. Code. 21 9. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 22 1338. 23 10. This Court has personal jurisdiction over Ovente because, on 24 information and belief: (i) Ovente’s principal place of business is located in this 25 judicial district; (ii) Ovente has committed acts of patent infringement and/or 26 contributed to or induced acts of patent infringement by others in this judicial 27 district, and continues to do so; (iii) Ovente regularly does or solicits business, 28 engages in other persistent courses of conduct, and/or derives substantial revenue

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1 from products and/or services provided to individuals in this judicial district; and 2 (iv) Ovente has purposefully established substantial, systematic, and continuous 3 contacts with this judicial district and expects or should reasonably expect to be 4 subjected to this Court’s jurisdiction. 5 11. Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 6 1400(b) because Ovente is subject to personal jurisdiction in this judicial district 7 and has committed acts of patent infringement in this judicial district. Moreover, 8 Ovente has its principal place of business in this judicial district. 9 12. This Court has personal jurisdiction over Amazon because, on 10 information and belief: (i) Amazon has committed acts of patent infringement 11 and/or contributed to acts of patent infringement by others in this judicial district, 12 and continues to do so; (ii) Amazon regularly does or solicits business, engages in 13 other persistent courses of conduct, and/or derives substantial revenue from 14 products and/or services provided to individuals in this judicial district; and (iii) 15 Amazon has purposefully established substantial, systematic, and continuous 16 contacts with this judicial district and expects or should reasonably expect to be 17 subjected to this Court’s jurisdiction. 18 13. Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 19 1400(b) because Amazon is subject to personal jurisdiction in this judicial district 20 and has committed acts of patent infringement in this judicial district. 21 COUNT ONE: OVENTE’S INFRINGEMENT OF THE ’810 PATENT 22 14. The allegations of paragraphs 1-13 are incorporated for this Count One 23 as though fully set forth herein. 24 15. Strix is the assignee and owner of all rights, title, and interest to the 25 ’810 patent, entitled “Cordless electrical appliances and connectors therefor,” which 26 was duly and legally issued by the United States Patent and Trademark Office on 27 October 26, 1999 to inventor John Crawshaw Taylor and has been duly and legally 28 assigned to Strix. The assignment of the ’810 patent is recorded at the United

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1 States Patent and Trademark Office at Reel/Frame 8032-91. A true and correct 2 copy of the ’810 patent is attached as Exhibit 1 and is incorporated herein by 3 reference. The ’810 patent is valid and enforceable. 4 16. Ovente markets certain electric kettles that include electrical 5 connectors that infringe one or more claims of the ’810 patent, including at least the 6 KG72x, KG83x, KS88x, and KS96x kettles (collectively “the Ovente Accused 7 Products”). 8 17. Ovente directly infringes at least claims 1, 10-13, and 16-17 of the 9 ’810 patent (collectively “the Asserted Claims”), by acting without authority to 10 make, have made, use, offer to sell, sell within the United States, or import into the 11 United States, Ovente electric kettles and components thereof, and products 12 containing the same, including but not limited to the Ovente Accused Products. 13 The infringement remains ongoing. 14 18. On information and belief, and by way of example, Ovente’s KG83B 15 electric kettle incorporates an electrical connector in an electric kettle appliance in a 16 manner that satisfies the limitations of at least one of the Asserted Claims of the 17 ’810 patent. 18 19. Ovente also induces, and continues to induce, infringement of the ’810 19 patent with the specific intent that these acts infringe the ’810 patent. On 20 information and belief, and by way of example, Ovente actively induces others to 21 infringe one or more of the Asserted Claims through its sale of the Ovente Accused 22 Products to customers in the United States. Ovente encourages and facilitates the 23 infringement of the ’810 patent by offering and distributing directions, 24 demonstrations, guides, manuals, training for use, and other materials with the 25 Ovente Accused Products that encourage the infringing use of the Ovente Accused 26 Products. 27 20. Ovente induced such infringing acts and knew or should have known 28 that its actions would induce actual infringement of the ’810 patent. On

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1 information and belief, Ovente had actual notice of the ’810 patent no later than 2 February 29, 2016 when Strix provided Ovente with a copy of the ’810 patent and 3 notified Ovente of its infringement. 4 21. Ovente also contributorily infringes certain Asserted Claims through 5 its sale and offers to sell within the United States and/or import into the United 6 States components of the Ovente Accused Products, constituting a material part of 7 the Asserted Claims, knowing the same to be especially made or especially adapted 8 for use in an infringement of the ’810 patent, and not a staple article or commodity 9 of commerce suitable for substantial noninfringing use. For example, on 10 information and belief, the Ovente Accused Products and/or components thereof are 11 specifically designed for connecting an electrical appliance with a base unit via a 12 connector. Due to their specific designs, the Ovente Accused Products and/or 13 components thereof do not have any substantial noninfringing uses. 14 22. Ovente sells the Ovente Accused Products with the knowledge that the 15 devices infringe. On information and belief, Ovente had actual notice of the ’810 16 patent no later than February 29, 2016 when Strix provided Ovente with a copy of 17 the ’810 patent and notified Ovente of its infringement. 18 23. On information and belief, Ovente’s infringement is willful, deliberate, 19 and intentional because it has had actual and/or constructive notice of the ’810 20 patent before the filing of this Complaint, and it has no good faith belief in non- 21 infringement. 22 24. As a direct and proximate result of Ovente’s infringement of the ’810 23 patent, Strix has suffered irreparable harm and damages in an amount to be 24 determined, but in no event less than a reasonable royalty. 25 25. On information and belief, Ovente’s infringement of the ’810 patent 26 will continue in the future, and Strix will continue to suffer irreparable harm and 27 damages as a consequence, unless Ovente’s infringing acts are enjoined by the 28 Court.

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1 COUNT TWO: AMAZON’S INFRINGEMENT OF THE ’810 PATENT 2 26. The allegations of paragraphs 1-25 are incorporated for this Count 3 Two as though fully set forth herein. 4 27. Strix is the assignee and owner of all rights, title, and interest to the 5 ’810 patent, entitled “Cordless electrical appliances and connectors therefor,” which 6 was duly and legally issued by the United States Patent and Trademark Office on 7 October 26, 1999 to inventor John Crawshaw Taylor and has been duly and legally 8 assigned to Strix. The assignment of the ’810 patent is recorded at the United 9 States Patent and Trademark Office at Reel/Frame 8032-91. A true and correct 10 copy of the ’810 patent is attached as Exhibit 1 and is incorporated herein by 11 reference. The ’810 patent is valid and enforceable. 12 28. Amazon offers for sale and sells certain Ovente electric kettles that 13 include electrical connectors that infringe one or more claims of the ’810 patent, 14 including at least the kettles specified by the following ASINs: 15 1. B00DEPGY7G: Ovente KG83B Glass Electric Kettle, 1.5 L, Black 16 2. B00I32GPVK: Ovente KG83W Glass Electric Kettle, 1.5 L, White 17 3. B00RYAIB64: Ovente KG83F Glass Electric Kettle, 1.5 L, Pink 18 4. B00I32GRI6: Ovente KG83G Glass Electric Kettle, 1.5 L, Green 19 5. B00I32GN08: Ovente KG83R Glass Electric Kettle, 1.5 L, Red 20 6. B00I32GK8S: Ovente KG830 Glass Electric Kettle, 1.5 L, Orange 21 7. B00RYAIB46: Ovente KG83V Glass Electric Kettle, 1.5 L, Purple 22 8. B00KY4CTY2: Ovente KG83M Glass Electric Kettle, 1.5 L, Maroon 23 9. B00DEPUDMS: Ovente KS96R Stainless Steel Cordless Electric 24 Kettle, 1.7 L, Red 25 10. B00DEPUCS8: Ovente KS96S Stainless Steel Cordless Electric 26 Kettle, 1.7 L, Brushed 27 11. B00DEPUCSI: Ovente KS96BG Stainless Steel Cordless Electric 28 Kettle, 1.7 L, Beige

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1 Collectively, the foregoing products are referred to as “the Amazon Accused 2 Products.” 3 29. Amazon directly infringes at least claims 1, 10-13, and 16-17 of the 4 ’810 patent (collectively “the Asserted Claims”), by acting without authority to use, 5 offer to sell, sell within the United States, or import into the United States, Ovente 6 electric kettles and components thereof, and products containing the same, 7 including but not limited to the Amazon Accused Products. The infringement 8 remains ongoing. 9 30. On information and belief, and by way of example, Ovente’s KG83B 10 electric kettle incorporates an electrical connector in an electric kettle appliance in a 11 manner that satisfies the limitations of at least one of the Asserted Claims of the 12 ’810 patent. 13 31. Amazon also contributorily infringes certain Asserted Claims through 14 its sale and offers to sell within the United States and/or import into the United 15 States components of the Amazon Accused Products, constituting a material part of 16 the Asserted Claims, knowing the same to be especially made or especially adapted 17 for use in an infringement of the ’810 patent, and not a staple article or commodity 18 of commerce suitable for substantial noninfringing use. For example, on 19 information and belief, the Amazon Accused Products and/or components thereof 20 are specifically designed for connecting an electrical appliance with a base unit via 21 a connector. Due to their specific designs, the Amazon Accused Products and/or 22 components thereof do not have any substantial noninfringing uses. 23 32. Amazon sells the Amazon Accused Products with the knowledge that 24 the devices infringe. On information and belief, Amazon had actual notice of the 25 ’810 patent no later than February 29, 2016 when Strix provided Amazon with a 26 copy of the ’810 patent and notified Amazon of its infringement. 27 33. On information and belief, Amazon’s infringement is willful, 28 deliberate, and intentional because it has had actual and/or constructive notice of

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1 the ’810 patent before the filing of this Complaint, and it has no good faith belief in 2 non-infringement. 3 34. As a direct and proximate result of Amazon’s infringement of the ’810 4 patent, Strix has suffered irreparable harm and damages in an amount to be 5 determined, but in no event less than a reasonable royalty. 6 35. On information and belief, Amazon’s infringement of the ’810 patent 7 will continue in the future, and Strix will continue to suffer irreparable harm and 8 damages as a consequence, unless Amazon’s infringing acts are enjoined by the 9 Court. 10 PRAYER FOR RELIEF 11 WHEREFORE, Strix prays for relief as follows: 12 A. Judgment that Ovente has infringed, induced others to infringe, and 13 committed acts of contributory infringement with respect to one or more claims of 14 the ’810 patent in violation of 35 U.S.C. § 271; 15 B. Judgment that Ovente’s infringement of the ’810 patent is willful, 16 deliberate, and intentional; 17 C. An order directing Ovente to account and pay to Strix all damages 18 adequate to compensate for Ovente’s infringement in an amount to be determined at 19 trial, but not less than a reasonable royalty, under 35 U.S.C. § 284; 20 D. An order trebling damages awarded to Strix to the extent Ovente’s 21 infringement of the ’810 patent is determined to have been willful, under 35 U.S.C. 22 § 284; 23 E. An order deeming this to be an “exceptional case” and thereby 24 directing Ovente to pay Strix’s costs, expenses, and reasonable attorneys’ fees 25 pursuant to 35 U.S.C. § 285; 26 F. An order that Ovente account for and pay to Strix the damages to 27 which Strix is entitled as a consequence of Ovente’s infringement, including any 28 damages not covered by the jury verdict;

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1 G. An award to Strix of pre-judgment and post-judgment interest on the 2 damages caused by Ovente’s infringement at the maximum allowable rates under 3 the law; 4 H. An order permanently enjoining Ovente and its subsidiaries, officers, 5 agents, servants, employees, licensees, and all other persons acting or attempting to 6 act in active concert or participation with Ovente or acting on Ovente’s behalf, from 7 further infringement, inducement of infringement, or contributory infringement of 8 the ’810 patent, pursuant to 35 U.S.C. § 283; 9 I. Judgment that Amazon has infringed, induced others to infringe, and 10 committed acts of contributory infringement with respect to one or more claims of 11 the ’810 patent in violation of 35 U.S.C. § 271; 12 J. Judgment that Amazon’s infringement of the ’810 patent is willful, 13 deliberate, and intentional; 14 K. An order directing Amazon to account and pay to Strix all damages 15 adequate to compensate for Amazon’s infringement in an amount to be determined 16 at trial, but not less than a reasonable royalty, under 35 U.S.C. § 284; 17 L. An order trebling damages awarded to Strix to the extent Amazon’s 18 infringement of the ’810 patent is determined to have been willful, under 35 U.S.C. 19 § 284; 20 M. An order deeming this to be an “exceptional case” and thereby 21 directing Amazon to pay Strix’s costs, expenses, and reasonable attorneys’ fees 22 pursuant to 35 U.S.C. § 285; 23 N. An order that Amazon account for and pay to Strix the damages to 24 which Strix is entitled as a consequence of Amazon’s infringement, including any 25 damages not covered by the jury verdict; 26 O. An award to Strix of pre-judgment and post-judgment interest on the 27 damages caused by Amazon’s infringement at the maximum allowable rates under 28 the law;

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1 P. An order permanently enjoining Amazon and its subsidiaries, officers, 2 agents, servants, employees, licensees, and all other persons acting or attempting to 3 act in active concert or participation with Amazon or acting on Amazon’s behalf, 4 from further infringement, inducement of infringement, or contributory 5 infringement of the ’810 patent, pursuant to 35 U.S.C. § 283; and 6 Q. Such other and further relief as the Court may deem just and proper. 7 DEMAND FOR JURY TRIAL 8 Pursuant to Federal Rules of Civil Procedure 38 and 39, Strix requests a trial 9 by jury. 10 11 12 Dated: April 29, 2016 JONES DAY 13 14 By: /s/ Steven J. Corr 15 Steven J. Corr Attorneys for Plaintiff 16 STRIX LIMITED 17

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