Lawrence C.

Hersh Of Counsel
Attorney at Law Theodore F. Shiells
17 Sylvan Street Texas State Bar No. 00796087
Suite 102B Shiells Law Firm P.C.
Rutherford, New Jersey 07070 1201 Main Street Suite 2470
Tel: (201) 507-6300 Dallas, Texas 75202
Fax: (201) 507-6311 Tel: (214) 979-7312
[email protected] Fax: (214) 979-7301
[email protected]

Attorneys for Plaintiff Simon Nicholas Richmond



IN THE UNITED STATES DISTRICT COURT
FOR DISTRICT OF NEW JERSEY
_______________________________________________
SIMON NICHOLAS RICHMOND, )
)
Plaintiff, )
)
v. ) Civil Action No.
) _______
CENTRAL PURCHASING, LLC ) MLC-DEA
)
Defendant. )
______________________________________________ )

SEVERED FIRST AMENDED COMPLAINT AND JURY DEMAND




2
SEVERED FIRST AMENDED COMPLAINT AND JURY DEMAND
Plaintiff Simon Nicholas Richmond (Richmond or Plaintiff), for his
claims against Defendant Central Purchasing, LLC, (Central Purchasing or
Defendant) makes and files this Complaint and alleges as follows:
1. STATEMENT OF RELATED CASES AND PRIOR PROCEEDINGS
This case is related to Simon Nicholas Richmond v. Winchance Solar
Fujian Technology Co. ltd., et al., 13-cv-1951 (MLC-DEA), and alleges
infringement of the same United States Patents that are at issue in the
aforementioned case, i.e., United States Patent Nos. 7,196,477; 7,429,827;
8,362,700; and, 7,377,667. This case is further related to case docket nos. 13-cv-
1944 (MLC-DEA), 13-cv-1949 (MLC-DEA), 13-cv-1950 (MLC-DEA), 13-cv-
1951 (MLC-DEA), 13-cv-1952 (MLC-DEA), 13-cv-1953 (MLC-DEA), 13-cv-
1954 (MLC-DEA), 13-cv-1957 (MLC-DEA), 13-cv-1959 (MLC-DEA), 13-cv-
1960 (MLC-DEA), 13-cv-2916 (MLC-DEA), all of which have been consolidated
with Simon Nicholas Richmond v. Lumisol, et al., 13-cv-1944 (MLC-DEA).
The allegations contained in this Complaint against Defendant were
originally filed in Simon Nicholas Richmond v. Winchance Solar Fujian
Technology Co. ltd., et al., 13-cv-1951 (MLC-DEA). In an Order dated July 3,




3
2014, the claims against Defendant Central Purchasing were severed, and
Plaintiff was ordered to file a severed complaint against each individual defendant
in Case No. 13-cv-1951 (MLC-DEA) by August 1, 2014. (Case No. 13-cv-1944,
Dkt. 122, p.10).
2. THE PARTIES
A. Plaintiff Richmond.
1. Plaintiff Richmond is an individual and a resident of New Jersey.
B. Defendant.
2. Central Purchasing, LLC (Central Purchasing) is a corporation
organized and existing under the laws of the State of California, having a principal
place of business at 3491 Mission Oaks Boulevard, Camarillo, CA 93012.
Central Purchasing may be served through its agent for service of process at The
Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware
19801.
3. Service of the prior Original and First Amended Complaints in 13-cv-
1951 (MLC-DEA) was previously properly effectuated on Defendant.
3. SUBJECT MATTER JURISDICTION
4. This is an action for patent infringement arising under the patent laws




4
of the United States, Title 35, United States Code, including 35 U.S.C. 271 and
281-285. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331
and 1338(a).
4. PERSONAL JURISDICTION AND VENUE
A. General.
5. Personal jurisdiction over Defendant is proper pursuant to New Jersey
Long-Arm Statute, N.J. CT. R. 4:4-4 and principles of due process.
6. Central Purchasing has sufficient minimum contacts with New
Jersey and this district and the maintenance of this suit does not offend traditional
notions of fair play and substantial justice.
B. Specific Jurisdiction.
7. Personal jurisdiction over Defendant is proper under principles of
specific jurisdiction.
8. Upon information and belief, Defendant has transacted and solicited
business in New Jersey and in this district related to the subject matter of the
claims alleged herein and, upon information and belief, has committed direct
infringement in this state and district by importing, offering to sell and/or selling
goods infringing one or more of the Patents-in-Suit, to customer(s) in this state.




5
9. Upon information and belief, Defendant has knowingly induced
infringement in New Jersey by its customer(s) by offering to sell and/or selling
goods that infringe one or more of the Patents-in-Suit (as detailed in the Counts
below) to customer(s) in New Jersey, with specific knowledge of Plaintiffs
applicable patent(s), and with a specific intent and/or willful blindness to the fact
that their infringing products will be imported into and offered for sale, sold and/or
used in New Jersey by Defendants customers.
10. The infringement by Defendant that is the subject of the claims
alleged has caused Plaintiff to suffer damages and other losses in New Jersey and
this district, a result that was reasonably foreseeable to Defendant at the time
Defendant committed its misconduct.
C. General Jurisdiction.
11. Personal jurisdiction over Defendant is also proper under principles of
general jurisdiction in that Defendant either resides in this state and district and/or
has regularly and purposefully conducted business in New Jersey and this district.
D. Venue.
12. Venue also properly lies in this district pursuant to 28 U.S.C.
1400(b) because Defendant has committed acts of infringement in this district.




6
13. Venue also properly lies in this district under 28 U.S.C. 1391(b)(2)
and/or (3) because, upon information and belief, either a substantial part of the
events or omissions giving rise to the claims recited below occurred in this district,
or a substantial part of the property that is the subject of the action is in this
district, or because there is no district in which the action may otherwise be
brought as provided in 28 U.S.C. 1391, and this court has personal jurisdiction
over Defendant.
5. FACTUAL BACKGROUND
A. Plaintiffs Patents-in-Suit
14. For many years, Richmond has engaged in the development,
manufacture, and sale of solar-powered garden lighting. Richmond has taken steps
to protect his innovative inventions and designs. In particular, Richmond owns
United States utility and design patents relating to his solar-powered garden lights.
15. Richmond is the inventor and owner of all right, title, and interest to
the United States patent number 7,196,477 A1, entitled Solar Powered Light
Assembly to Produce Light of Varying Colors, (477 Color-Changing Patent),
which duly and legally issued to Richmond on 3/27/2007.
16. Richmond is the inventor and owner of all right, title, and interest to




7
the United States patent number 7,429,827 A1, entitled Solar Powered Light
Assembly to Produce Light of Varying Colors, (827 Color-Changing Patent),
which duly and legally issued to Richmond on 9/30/2008.
17. Richmond is the inventor and owner of all right, title, and interest to
the United States patent number 8,362,700 A1, entitled Solar Powered Light
Assembly to Produce Light of Varying Colors, (700 Color-Changing Patent),
which duly and legally issued to Richmond on 1/29/2013.
18. Richmond is the inventor and owner of all right, title, and interest to
the United States patent number 7,377,667 B2, entitled Light Device (667
Candle Patent), which duly and legally issued to Richmond on 5/27/2008.
19. Plaintiffs 477 Patent is valid and enforceable.
20. Plaintiffs 827 Patent is valid and enforceable.
21. Plaintiffs 700 Patent is valid and enforceable.
22. Plaintiffs 667 Patent is valid and enforceable.
23. On November 3, 2011, United States Patent Publication No. US
2011/0266953 A1 (the 953 Published Application) was published. A copy of
the 953 Published Application may be obtained for free from the official United
States Patent and Trademark website, uspto.gov. The invention as claimed in the




8
700 Patent is substantially identical to the invention as claimed in the 953
Published Application.
24. Richmond continues to engage in the development and sale of solar-
powered garden lighting and continues to take steps to protect his innovative
inventions and designs and in this regard has applied for additional patent
protection for his inventions. For example, on March 29, 2012, United States
Patent Publication No. US 2012/0075104 A1 (the 104 Published Application)
was published, and on April 5, 2012, United States Patent Publication No. US
2012/0081888 A1 (the 888 Published Application) was published. Copies of
the 104 and 888 Published Applications may be obtained for free from the
official United States Patent and Trademark website, uspto.gov.
25. At all times relevant to this action, Richmond has complied with any
notice provisions of 35 U.S.C. 287 as they may relate to the Patents-in-Suit.
B. Facts relevant to Defendant
26. Central Purchasing and its employees possess knowledge and
information regarding the design, manufacture, and technology embodied in solar
lights covered by one or more of the patents-in-suit.
27. Between 2007 to present, Central Purchasing has operated a




9
purchasing office in China. Central Purchasing or its agent undertakes detailed
technical testing of products prior to importation and provides feedback and
requests changes as to the various des
28. Central Purchasing is substantially involved in determining the
relevant features of the solar lights it sells. Central Purchasing periodically
changes vendors for the products it sells under its own brand.
29. Central Purchasing specifies the features of, imports, and direct ships
solar lights, including one or more models of products accused of infringement,
directly from China.
30. Defendant has imported, sold, exposed for sale or offered for sale
accused solar lighting products supplied by vendors other than the named
defendants in the cases consolidated under Case No. 13-cv-1944 (D.N.J.).
31. Since issuance of one or more of the foregoing Richmond patents,
Defendant has or has been importing, exposing for sale, offering for sale, or selling
the following products:
a) Gardens brand, 3 Piece Decorative Solar LED lights, Dragonfly
Hummingbird Butterfly - Model 95588 and/or 69462
b) model 96740 Table Top Solar Lantern with Stand




10
32. In addition to the products identified in the preceding paragraph,
Defendant has or has been importing, exposing for sale, offering for sale, and
selling the solar lighting products identified in Exhibit A.
6. INFRINGEMENT OF PLAINTIFFS PATENTS
Count 1 Central Purchasings Direct Infringement of 477 Patent

33. The allegations of Paragraphs 1-32 are incorporated by reference as if
fully set forth again herein.
34. Central Purchasing has notice of Plaintiffs rights in the 477 Patent.
35. Upon information and belief, Central Purchasing directly infringes,
and has infringed, Plaintiffs 477 Color-Changing Patent by, at-least, importing,
exposing for sale, offering to sell, and selling one or more solar-powered garden
light products that infringe 477 Patent. Upon information and belief, those solar-
powered garden lights include, at least, the following products:
a) Gardens brand, 3 Piece Decorative Solar LED lights, Dragonfly
Hummingbird Butterfly - Model 95588 and/or 69462.
36. The attached Preliminary Product List - Central Purchasing, attached
as Exhibit A, contains a non-comprehensive list of products that, upon information
and belief, are believed to constitute infringement of Richmonds patents, where a




11
Y under the column labeled 477 Patent indicates that the product identified in
the corresponding row is believed to be an infringement of Plaintiffs 477 Color-
Changing Patent.
37. Upon information and belief, Central Purchasing has and is importing,
exposing for sale, offering to sell, and selling other solar-powered garden light
products which infringe Plaintiffs 477 Color-Changing Patent and will continue
to do so unless restrained by this Court.
Count 2 Central Purchasings Direct Infringement of 827 Patent

38. The allegations of Paragraphs 1-37 are incorporated by reference as if
fully set forth again herein.
39. Central Purchasing has notice of Plaintiffs rights in the 827 Patent.
40. Upon information and belief, Central Purchasing directly infringes,
and has infringed, Plaintiffs 827 Color-Changing Patent by, at-least, importing,
exposing for sale, offering to sell, and selling one or more solar-powered garden
light products that infringe the 827 Patent. Upon information and belief, those
solar-powered garden lights include, at least, the following products:
a) Gardens brand, 3 Piece Decorative Solar LED lights, Dragonfly
Hummingbird Butterfly - Model 95588 and/or 69462.




12
41. The attached Preliminary Product List - Central Purchasing, attached
as Exhibit A, contains a non-comprehensive list of products that, upon information
and belief, are believed to constitute infringement of Richmonds patents, where a
Y under the column labeled 827 Patent indicates that the product identified in
the corresponding row is believed to be an infringement of Plaintiffs 827 Color-
Changing Patent.
42. Upon information and belief, Central Purchasing has and is importing,
exposing for sale, offering to sell, and selling other solar-powered garden light
products which infringe Plaintiffs 827 Color-Changing Patent and will continue
to do so unless restrained by this Court.
Count 3 Central Purchasings Direct Infringement of 700 Patent

43. The allegations of Paragraphs 1-42 are incorporated by reference as if
fully set forth again herein.
44. Central Purchasing has notice of Plaintiffs rights in the 700 Patent.
45. Upon information and belief, Central Purchasing directly infringes,
and has infringed, Plaintiffs 700 Color-Changing Patent by, at-least, importing,
exposing for sale, offering to sell, and selling one or more solar-powered garden
light products that infringe the 700 Patent. Upon information and belief, those




13
solar-powered garden lights include, at least, the following products:
a) Gardens brand, 3 Piece Decorative Solar LED lights, Dragonfly
Hummingbird Butterfly - Model 95588 and/or 69462.
46. The attached Preliminary Product List - Central Purchasing, attached
as Exhibit A, contains a non-comprehensive list of products that, upon information
and belief, are believed to constitute infringement of Richmonds patents, where a
Y under the column labeled indicates that the product identified in the
corresponding row is believed to be an infringement of Plaintiffs 700 Color-
Changing Patent.
47. Upon information and belief, Central Purchasing has and is importing,
exposing for sale, offering to sell, and selling other solar-powered garden light
products which infringe Plaintiffs 700 Color-Changing Patent and will continue
to do so unless restrained by this Court.
Count 4 Central Purchasings Direct Infringement of 667 Patent

48. The allegations of Paragraphs 1-47 are incorporated by reference as if
fully set forth again herein.
49. Central Purchasing has notice of Plaintiffs rights in the 667 Patent.
50. Upon information and belief, Central Purchasing directly infringes,




14
and has infringed, Plaintiffs 667 Candle Patent by, at-least, importing, exposing
for sale, offering to sell, and selling one or more solar-powered garden light
products that infringe the 667 Patent. Upon information and belief, those solar-
powered garden lights include, at least, the following products:
a) model 96740 Table Top Solar Lantern with Stand.
51. The attached Preliminary Product List - Central Purchasing, attached
as Exhibit A, contains a non-comprehensive list of products that, upon information
and belief, are believed to constitute infringement of Richmonds patents, where a
Y under the column labeled 667 Patent indicates that the product identified in
the corresponding row is believed to be an infringement of Plaintiffs 667 Candle
Patent.
52. Upon information and belief, Central Purchasing has and is importing,
exposing for sale, offering to sell, and selling other solar-powered garden light
products which infringe Plaintiffs 667 Candle Patent and will continue to do so
unless restrained by this Court.
Count 5 Central Purchasings Inducement of Harbor Freight Tools USA,
Inc.s Infringement

53. The allegations of Paragraphs 1-52 are incorporated by reference as if




15
fully set forth again herein.
54. Upon information and belief, Central Purchasing has had actual
knowledge of Plaintiffs 7,196,477; 7,429,827; 8,362,700; and, 7,377,667 Patents,
and knowledge that its solar-powered garden lights as accused of infringement
earlier in this Complaint (Accused Infringing Products) would infringe
Plaintiffs 7,196,477; 7,429,827; 8,362,700; and, 7,377,667 Patents if imported
into, offered for sale or sold in the United States. Central Purchasing has had such
knowledge of Plaintiffs Patents, as alleged in this Complaint and no later than on
or about 6/13/2013, by means of service of the First Amended Complaint on
Central Purchasing.
55. Central Purchasing has an ongoing, intentional relationship with its
customers, including at least Harbor Freight Tools USA, Inc., with the clear aim of
inducing their nationwide distribution and sale in the United States. Upon
information and belief, the quantity of purchase would indicate to Central
Purchasing that its products would be shipped to all of its customers retail stores,
including Harbor Freight Tools USA, Inc.s New Jersey stores, in accordance with
Harbor Freight Tools USA, Inc.s customary practice, something that is well
known to Central Purchasing. Upon information and belief, Central Purchasing




16
follows a similar practice with its other customers having retail stores in the United
States. As such, Central Purchasing knew and intended, or was willfully blind to
the fact that its Accused Infringing Products would be imported into the United
States, and then offered for sale and sold by its customers in the United States,
including in New Jersey.
56. Based upon the foregoing facts, and reasonable inferences therefrom,
upon information and belief, Central Purchasing has, with knowledge of Plaintiffs
7,196,477; 7,429,827; 8,362,700; and, 7,377,667 Patents and specific intent to
infringe, and/or willful blindness to the infringement, actively induced and is
inducing infringement of Plaintiffs 7,196,477; 7,429,827; 8,362,700; and,
7,377,667 Patents by the direct infringement of its customers in the United States,
including but not limited to, Harbor Freight Tools USA, Inc., and will continue to
do so unless restrained by this Court.
Count 9 Willfulness of Central Purchasings Infringement

57. The allegations of Paragraphs 1-56 are incorporated by reference as if
fully set forth again herein.
58. Upon information and belief, Central Purchasing has had actual
knowledge of Plaintiffs 477, '827 and '667 Patents, and knowledge that its solar-




17
powered garden lights as accused of infringement of these patents earlier in this
Complaint (Accused Infringing Products) would infringe Plaintiffs 477, '827
and '667 Patents if imported into, offered for sale or sold in the United States.
Central Purchasing is believed to have had such knowledge long prior to the filing
of Plaintiffs Original Complaint against Central Purchasing in Case No. 13-cv-
1951 (D.N.J.).
59. As a result of Richmonds activities, Defendant is believed to have
long had knowledge of Plaintiffs 477, 827, and 667 Patents and knowledge that
one or more of Defendants previously identified products infringe Richmonds
aforementioned patents. As such, Defendants infringement of these patents is
willful.
60. The allegations and factual contentions set forth in this Count are
likely to have evidentiary support after a reasonable opportunity for further
investigation or discovery. See Fed. R. Civ. P. 11(b)(3).
7. PLAINTIFFS DAMAGES AND IRREPARABLE HARM

61. Plaintiff has been damaged as a result of Defendants infringing
activities and will continue to be damaged unless such activities are enjoined by
this Court. Pursuant to 35 U.S.C. 284, Plaintiff is entitled to damages adequate to




18
compensate for the infringement of Plaintiffs Patents, including, inter alia, lost
profits and/or a reasonable royalty.
62. Plaintiff will be irreparably harmed if Defendants patent infringement
continues. Plaintiff relies upon his patents for protection of his business
intellectual property and the rampant infringement of his patents by Defendant robs
Plaintiffs business of its intellectual assets and denies Plaintiff the exclusivity in
the marketplace for offering and selling his products to which he is entitled under
the Patent Laws. This seriously damages Plaintiff in a manner that cannot be
adequately compensated by money alone. Plaintiff is entitled to a permanent
injunction prohibiting Defendant, its directors, officers, employees, agents, parents,
subsidiaries, affiliates, and anyone else in active concert or participation with them,
from taking any other actions that would infringe Plaintiffs Patents.
8. JURY DEMAND
63. Plaintiff hereby demands a trial by jury, pursuant to Fed. R. Civ. Proc.
38(b), for all issues so triable.
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that the court enter judgment granting
Plaintiff the following relief:




19
a. Awarding Plaintiff his damages adequate to compensate for
Defendants infringement of Plaintiffs Patents, including, inter alia, lost profits
and/or a reasonable royalty;
b. Awarding treble of the damages and/or reasonable royalty on
account of the willful nature of the infringement, pursuant to 35 U.S.C. 284;
c. Declaring this case to be exceptional under 35 U.S.C. 285 and
awarding Plaintiff his attorneys' fees, costs and expenses related to bringing this
action;
d. Enjoining Defendant from infringing Plaintiffs Patents; and
e. Awarding Plaintiff such further and other relief as the Court
deems just and equitable.
Respectfully submitted,

/s/ Lawrence C. Hersh
Lawrence C. Hersh
Attorney at Law
17 Sylvan Street
Suite 102B
Rutherford, New Jersey 07070
Tel: (201) 507-6300
Fax: (201) 507-6311
[email protected]
Attorneys for Plaintiff
Simon Nicholas Richmond




20

Of Counsel
Theodore F. Shiells
Texas State Bar No. 00796087
Shiells Law Firm P.C.
1201 Main Street Suite 2470
Dallas, Texas 75202
Tel: (214) 979-7312
Fax: (214) 979-7301
[email protected]