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Richard A. Clegg (SBN 211213) LAW OFFICE OF RICHARD CLEGG 501 West Broadway, Suite 800 San Diego, California 92101 Telephone: (619) 400-4920 rick@rclegglaw.com Attorney for Plaintiff GUSTAF ANDERS ROOTH IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA GUSTAF ANDERS ROOTH, an individual, Plaintiff, v. HUNGARIAN WORKSHOP, LLC, Defendant. Civil Action No. '13 CV1041 WQHBGS

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Gustaf Anders Rooth (ROOTH) alleges as follows for his Complaint against the defendant HUNGARIAN WORKSHOP, LLC (HUNGARIAN WORKSHOP) NATURE OF THIS ACTION 1. This is an action for infringement of United States Design Patent No. D615,313 (the 313 Patent).

COMPLAINT

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COMPLAINT

PARTIES 2. 3. ROOTH is an individual who resides in San Diego, California. ROOTH owns and operates a business called Planet Rooth ROOTH is the owner of all right, title and interest in and to the 313 Patent. Enterprises, LLC, doing business as Barrelly Made It, through which he produces and sells products that are covered by the 313 Patent. The products are marked with the Patent Number for the 313 Patent, by branding the number into the wood. 4. ROOTH is informed and believes, and on that basis alleges, that defendant HUNGARIAN WORKSHOP, LLC, is a California Limited Liability Company, with a primary place of business at 330 A Street, Suite 180, San Diego, California. JURISDICTION AND VENUE 5. 6. 7. This action arises under the patent laws of the United States, Title 35 This Court has original subject matter jurisdiction over this action This Court has personal jurisdiction over the defendant of the United States Code. pursuant to 28 U.S.C. 1331 and 1338(a). HUNGARIAN WORKSHOP because the defendant resides and does business in this judicial district. 8. Venue is proper in this district under 28 U.S.C. 1391(b) and (c). GENERAL ALLEGATIONS 9. The 313 Patent is a United States design patent that was issued on May 11, 2010. It is entitled Lounge Chair Made From Reclaimed Wine Barrel Staves. A true and correct copy of the 313 Patent is attached as Exhibit A.

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COMPLAINT

FIRST CLAIM FOR RELIEF (Infringement of the 313 Patent by Hungarian Workshop) 10. 11. ROOTH restates the allegations of Paragraphs 1-9 of this Complaint, HUNGARIAN WORKSHOP has infringed the 313 Patent by as though fully set forth here. making, using, selling and offering to sell lounge chairs having ornamental designs that are covered by the 313 Patent, within the United States, without ROOTHs authorization. A true and correct copy of a photograph showing a HUNGARIAN WORKSHOP product that infringes the 313 Patent is attached as Exhibit B. The photograph was obtained from the HUNGARIAN WORKSHOP website at hungarianworkshop.com/shop/wine-barrel-chairs, which shows other photographs of infringing chairs. 12. HUNGARIAN WORKSHOP has made, used and sold multiple infringing chairs to customers, including Stone Brewing, a brewery that operates a restaurant in Escondido, CA. Exhibit C is a true and correct copy of a photograph showing infringing chairs that HUNGARIAN WORKSHOP sold to Stone Brewing. 13. ROOTH is informed and believes, and on that basis alleges, that defendant HUNGARIAN WORKSHOPs infringement of the 313 Patent has been willful and intentional. 14. at trial. ROOTH has suffered monetary damages as a result of HUNGARIAN WORKSHOPs infringement of the 313 Patent, in an amounted to be determined

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COMPLAINT

PRAYER FOR RELIEF WHEREFORE, ROOTH prays for judgment as follows: a) Patent; b) c) That ROOTH be awarded damages adequate to compensate for That HUNGARIAN WORKSHOP, its officers, agents, the infringement; employees and persons acting in active concert with them be permanently enjoined from making, using, selling within the United States or importing into the United States any product that infringes the 313 Patent; d) That this case be declared an exceptional case within the meaning of 35 U.S.C. 285, that the damages awarded to ROOTH be trebled and that ROOTH be awarded his attorneys fees and costs incurred in this action; e) f) That ROOTH be awarded pre-judgment and post-judgment That ROOTH be awarded such other and further relief as the interest at the maximum rate allowed by law; and Court deems just and proper. That HUNGARIAN WORKSHOP has infringed the 313

Respectfully submitted, By: /s/ Richard A. Clegg _ Richard A. Clegg LAW OFFICE OF RICHARD CLEGG rick@rclegglaw.com