Golden Bay Enterpris v. Walmart Stores, Inc.

Filing 36

DECLARATION of James Hsi by Golden Bay Enterprises, Inc. (Attachments: # 1 Brief, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4A, # 6 Exhibit Exhibit 4B, # 7 Exhibit Exhibit 4C, # 8 Exhibit Exhibit 4D, # 9 Exhibit Exhibit 4E, # 10 Exhibit Exhibit 5, # 11 Exhibit Exhibit 6, # 12 Exhibit Exhibit 7) (Badie, James)

Case 1:00-cv-06977-CBA-JMA Document 36-3

Filed 03/20/08 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
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GOLDEN BAY ENTERPRISES, INC., Plaintiff, -againstWALMART STORES, INC., Defendant.
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CIVIL ACTION TRIAL BY A JURY IS DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT This is a civil action for patent infringement wherein plaintiff alleges as follows:

I. THE PARTIES 1. Plaintiff, GOLDEN BAY ENTERPRISES, INC., ("Golden Bay"), is a corporation organized and existing under the laws of the State of New York having its principle office at 73-75 Sealey Avenue, Hempstead, New York 11550.

2.

Upon information and belief, Defendant, WALMART STORES, INC.,

("Walmart"), is a corporation organized and existing under the laws of the State of Arkansas, with offices at 702 Southwest 8th Street, Bentonville, Arkansas 72716-8314.

II. JURISDICTION 3. This action arises under the Patent Laws of the United States, Title 35 United States Code, Sections 1 et seq. Jurisdiction of this Court is based on Title 28 United States Code, Section 1338, and venue is proper under Title 28 United States Code, Section 1400 (b).

Exhibit

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III. FACTS 4. Golden Bay is the owner of the entire right, title and interest in United

States Patent No. 5,645,342, duly issued July 8, 1997, to CHIN CHEN CHANG and assigned to Golden Bay for "Decorative Christmas Tree Illumination Assembly", a true copy of which is annexed hereto as Exhibit "A".

5.

Upon information and belief, Defendant has manufactured, used or sold

within this district and elsewhere, and imports into the United States, products which infringe Golden Bay's United States Patent No. 5,645,342, and are continuing to manufacture, use, sell, offer to sell in, or import into the United States such infringing products, in this district and elsewhere.

6.

Upon information and belief, Defendant transacts business within the State

of New York, has committed and continues to commit tortious acts including acts of patent infringement within the State of New York causing injury to Plaintiff, actively solicits business and contracts in the State of New York, has substantial revenue from goods sold in the State of New York, and contracts to supply goods and services in the State of New York; whereby service of process herein on the defendant outside the State of New York is authorized by New York's Civil Practice Law and Rules and the Federal Rules of Civil Procedure.

IV. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for the following reliefs against the Defendant: A) a declaration that Defendant's making, using, offering to sell or selling in the United States, or importing into the United States, of the invention of said United States Patent No. 5,645,342, constitutes unlawful

infringement;

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B) -

a permanent injunction against infringement of said United States Patent No. 5,645,342 by the Defendant, its officers, agents, attorneys and employees, and those acting in privity or concert with the Defendant;

C)

an award of actual damages sustained by Golden Bay, together with p r e j u d g m e n t interest, as a result of infringement of said United States Patent No. 5,645,342;

D)

a judgment of treble damages under 35 U.S.C. §281 because of the willful, wanton and deliberate nature of the Defendant's infringement of said U n i t e d States Patent No. 5,645,342;

E)

a judgment that this case is an "exceptional case" within the meaning of 35 U.S.C. §285, and an award of Plaintiffs attorneys' fees and costs i n c u r r e d in prosecution of this action; and

F)

such other and further relief as this Court may deem just and proper under t h e circumstances.

J U R Y DEMAND P l a i n t i f f hereby requests a trial by jury on all issues presented in this Complaint t h a t are so triable. STOLL, MLSKIN, HOFFMAN & BADIE Attorneys for Plaintiff

D a t e d : New York, New York N o v e m b e r 14,2000

L
mes W. Badie(6961) e Kmpire State B u i l d i n g 35'0 Filth Avenue. Suite 61 10 N e w York, New York 101 1X T e l e p h o n e : ( 2 1 2 ) 244-5632

Case 1:00-cv-06977-CBA-JMA Document 36-3

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United States Patent im
Chang
[54] DECORATIVE CHRISTMAS TREE ILLUMINATION ASSEMBLY [76] Inventor Chin Chen Chang, No. 9, Lane 305, Pel Ta Road, Hsin Chu, Taiwan

[ii] Patent Number: [45] Date of Patent:
[56] 5,424,925 [57] References Cited

5,645,342 JuL8,1997

U.S. PATENT DOCUMENTS 6/1995 JenkeetaL ABSTRACT 362/252 Primary Examiner--Carroll B. Dority

[21]

Appl. No.: May 2», 1996

[22] Filed:

[51] IntCl.6 ______________ ».__________________F21P1/W [52] U.S. Q ..... -------------- 362/252; 362/123; 362/227; 362/249; 362/806 [58] Field of Search ------------------------ 362/806, 123, 362/227, 234, 249, 252

A Christmas tree light assembly in the form of a net is provided which can be draped over the tree. The assembly includes a plurality of interconnected light bulbs seated within their respective sockets at the nodes formed by the interconnecting conductive, insulating wires which are energized by an electrical switch.

12 Claims, 3 Drawing Sheets

26£

Exhibit "A " to Complaint

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U.S. Patent

Jul. 8, 1997

Sheet 1 of 3

5,645,342

25-

FIG.I
FIG.3

FIG.2

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U.S. Patent

Jill. 8,1997

Sheet 2 of 3

5,645,342

·a -/s
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FIG.5

FIG.4

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FIG. 10

Case 1:00-cv-06977-CBA-JMA Document 36-3

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U.S. Patent

Jul. S, 1997

Sheet 3 at 3

5,645,342

FIG7

26V

FIG.9

Case 1:00-cv-06977-CBA-JMA Document 36-3

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5,645,342
1
DECORATIVE CHRISTMAS TREE

2
fabricated as a unitary net structure, thus obviating the need

ILLUMINATION ASSEMBLY
FffiLD OF THE INVENTION
This invention relates generally to decorative illumination
5

for using a plurality of separate strings of lights and the usual
The foregoing and other objects of this invention will be

difficulty of entanglements which is experienced when decoratillg a Christmas tree therewith.

of Christmas trees, and is particularly related to a Christmas tree light assembly made of a web or a net structure comprising a plurality of interconnected light elements. The net structure which comprises the interconnected light elements is pre-fabricated and adapted for draping as a single 10 net over a Christmas tree. to to BACKGROUND OF THE INVENTION

more fully appreciated with reference to the ensuing detailed description of the invention taken in conjunction with the accompanying drawings.
BRIEF DESCRIPTION OF THE DRAWINGS &e dn^gs wherein like reference numerals are used designate like elements:

A variety of Christmas lights and decorative assemblies , FKJ.l ^enlarged j^pectrve view of a (Mstmas tree are available for illuminating and decorating Christmas w lamp designed far use m the present mvennon; trees. Conventional illumination of a Christmas tree TMG- 2isa& enlarged perspective view of an alternative involves the use of a plurality of separate elongated, embodiment of a Christmas tree lamp suitable for use in the insulative, electrically conductive wire strings on which are present invention; mounted several lighting elements (lamps) which are spaced FIG. 3 is a cross-sectional view taken along the line 3--3

apart from each other. Each of these lights element com- 20 of FIG. 2;

prises a female socket member which is adapted to receive FKJ. 4 is an enlarged perspective view of the light bulb a screw-in or bayonet-type lamp, strung in series or in shown in FIGS. 1 and 2; parallel. The strings are attached at one or both ends to an FIG. 5 is a cross-sectional view taken along the line 5--5 electrical plug which provides me source of electricity. See f p«-j -\. U.S. PaL No. 5,057,976 issued to Sheila DuMong on Oct 25 '' . 15.1991. As mentioned in said patent, however, the mountTMJ- 6 * " JEfT^ *** VT^ T?Y ing of such plurality of separate strings of lights on a ]"* ****** *» *e interconnected 1**P* of the present invcn on Christmas tree is both is burdensome and time-consuming > task. In order to simplify decoration of a Christmas tree by FIG. 7 is an enlarged side view showing the connection of M a lam )ase illumination, said patent provides a tree lighting assembly P' w** *e electrical wires of the lighting assemthat incorporates a multiplicity of lamps in a net-like strucbly; ture that can be readily mounted on a Christmas tree, and is FIG. 8 is a top plan view of the web of Christmas tree easy to remove when not in use. lights arranged in accordance with one embodiment of mis Other Christmas tree decorative illumination assemblies invention; are described in the prior art patents disclosed in the 3S FIG. 9 is a view showing an alternative arrangement of DuMong patent These are Crucefix U.S. Pat No. 4,870,547 the web of Christmas tree lights used in accordance with a and Forrer U.S. Pat No. 3,096,943. The DuMong patent also different embodiment of this invention, and discloses two other patents, Le., Ahoroni U.S. Pat Nos. FIG. 10 is a top view of the electrical control box which 4,720,773 and 4,736,282 which describe a mounting collar provides the source of energy for the web of interconnected for use with conventional strings of Christmas lights. * lights of me present invention. In a more recent patent Le., U.S. Pat No. 5,213,519 r»F<srRiPTTnN nr THP nuAwror-? issued to David J. Dorfman on May 25, 1993, the patentee DETAILED DESCRIPTION OF THE DRAWINGS describes an electrical receptacle assembly which, in one Referring first to FIGS. 1-5, there is shown, in FIG. 1, a embodiment, forms a flexible net The receptacles receive lamp structure generally designated as 10 suitable for use in light bulbs therein which, when illuminated, form a blanket the Christmas tree web assembly of the present invention,
of lights that can be draped over and around a Christmas The lamp structure 10 comprises a cylindrical body 11. a

tree. bulb 12 having electrical filament 13 and the base 14 which Other decorative light assemblies for Christmas trees are fits into the socket 15 formed at the top of the cylindrical
disclosed in U.S. Pat Nos. 5,338,585; 5,424,925 and 4,720, ^ body 11.

773. For one or more reasons, the decorative light assemblies which have heretofore been described or used to illuminate

A first elongated and electrically conductive, insulated wire 16 is attached, at one end, to a first metal plate member 17 in the socket 15 (see FIG. 5), and a second electrically

Christmas trees have had one or more deficiencies which conductive insulated wire 18 is attached to a second metal have Umited their use for this purpose. 35 plate 19 also disposed within the socket 15. The bulb or lamp ^ ,, ,, ,,,,, 12 has the plastic base 14 (see FIG. 4) with exposed wires SUMMARY OF THE INVENTION 21 and 22 ^sposed on opposite sides of thetese 14 and It is an object of this invention to provide a Christmas tree contact the metal plates 17 and 19. illumination assembly that comprises multiplicity of interIn the embodiment shown in FIG. 2 and 3 the sides of the connected lamps which form a net-like structure that can be go cylindrical body 11 include the elongated grooves 23, 24 draped over of Christmas tree. disposed on opposite sides thereof, through which extend

It is another object of this invention to provide a Christmas tree illumination assembly of light bulbs the form of a net of different shapes and sizes for ready mounting over a
Christmas tree, and which is easily removed therefrom.

the wires 16 and 18, respectively. As shown in FIGS. 1, 2 and 6, the wires 16 and 18 terminate in the cylindrical body 11 and are electrically
65 connected to the bulb 12. The wire 25 is retained against the

It is still an object of this invention to provide a Christmas tree lighting and decorative assembly which is pre-

cylindrical body 11 by a polyvinylchloride (PVQ cover sleeve or a suitable adhesive tape, which also serves to retain

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5,645,342
the wire IS against the other sides of the base, but which is (c) wherein at each node said socket is joined to a wire

not electrically connected to the bulb 12.

passing through that node.

2. A decorative Christinas tree light assembly comprising As shown in FIGS. 7 and 8, the web of interconnected a web including a plurality of Christmas tree light bulbs, the light structure consists of a plurality of bulbs 12 such as shown in FIGS. 1-3, and wires which physically and elecweb being adapted to be draped over a Christmas tree; the trically interconnect these lamps. The bulbs 12 form (he assembly comprising: nodes 26A-26N in the web, wherein N is an integer number (a) # lcast toee p.^ of insulted wires, each pair of representing the number of desired lamps, to the embodiment shown in FIG. 6 only nodes 26A-26E are shown but insulated wtag coa^aa^ a &st ^^^ ^ ^a second insulated wireit can be appreciated that the net structure can include as few 10 ,,^ ..... , ' ,. , ..... 0>) said wires being formed into the web with the wires as 10 and as many as 200 or more nodes depending on me desired size of the web and number of lamps used in the "f"* * f** of *ewf 'a /«** *?mg P°sltloned at least at about every node of the web; and In the embodiments shown in FIGS. 7 and 8, the web is <c> whercin at «"* node "^ socket » Joined to a TM** ?*****& <**<»*&* that node; formed such that it has five wires 27, 28. 29. 30 and 31 ls (d) a control box; leading into an electrical control switch 32 as shown in FIG. 10. (e) an integrated circuit means in the control box and electrically connected to the three pairs of wires to In the embodiment illustrated in FIG. 9 the web is formed control the bulbs to effect fade on/fade off, sequentialinto a general conical shape having a base 33 which is wider wave, steady burn and sparkling; man its top section 32. As in the embodiment of FIG. 8, the web includes five wires 27A, 28A, 29A 30A and 31A which (f) switch means on the control box to control the intelead to the electrical control switch 34. grated circuit to select one of said light effects, and The electrical control switch 32 has an integrated circuit (g) an electrical plug means to connect the web to and a control dial 35. This switch may be connected to a 2s household electrical current, the plug means being household power source, usually 110 volt AC, through electrically connected to the lamp bulbs and the inteconventional electrical plug 36. The control switch is prograted circuit. vided with the control dial 35 marked with numerical indicia 3. A Christmas tree web as in claim 1 wherein at each of from 1 to 8 which correspond to: node two wires are connected into each socket 1. combination 30 "*· A. Christinas tree web as in claim 1 wherein said wire is omcd to sa J id socket by a fastener. 2 in wave 5. A Christmas tree web as in claim 1 wherein the wires Se uen 1 « gjyj sodjet are of a color which visually blends with the 4. slo-glo color of the tree. 5. sparkling/chasing 33 6. A Christmas tree web as in claim 1 wherein at each node two wires are connected into each socket and further 6. fade on/off including, at some nodes, a plastic wire strap to secure 7 sparkling together a plurality of the wires. 8. steady bum ... ....... 7. A Christmas tree web as in claim 1 wherein each socket

The dial can be set to the desired numerical indicia in order to obtain the desired illuminauon results

While thepresentinvenbon has been described with some degree of particularity, it is readily apparent that many changes and modifications may be suggested which are nevertheless within the scope and contemplation of this invention. For example, the web or net structure need not necessarily by conical but may be rectangular, square or in other desired configurations. Also, ihc decorative net may be used to lUuminate smictores other than Christmas trees such as, for example, walls, buildings and other structures. What is claimedis: .. 1. A decorative Christmas tree light assembly comprising awebincludingaplurahtyofChnstmastreelightbulbs.the web being adapted to be draped over a Christmas tree; the assembly comprising: (a) at least three pairs of insulated wkes. each pair of insulated wires comprising a first insulated wire and a second insulated wire; (b) said wires being formed into the web with the wires crossing at nodes of the web. a socket being positioned at least at about every node of the web; and

^ ^^^ ^^g y thereidsand having metalmolded member n es contact plates positioned a aa)l on oppoto Qne whe of fte web_

node

0^^ ^ web as in claim 2 whcrein at each ^ ^m ^eeteA into each socket 9. A Christmas tree web as in claim 4 wherein the fastener means Qn each sodffit is a tiaaspaKM^ adhesive t^. 1 A a^j..^ ttee web M m cjaim 2 wherein me wires 0
gA

^ rsocket m of a ^^ ^^ ^^ Wends wim ^ colo of the tree IL A Christmas tree web as in claim 2 wherein at each
node

^whegome nodes, a mto ^ socket ^ fyg^ s m connected plastic ^^ ^ap to secure a plurality of the wires.

^ ^g web ^ m c]aini 2 wherein eacn socketA Christmas injection molded membra- have a cavity comprises an therein and having metal contact plates positioned on opposite £&$ of the cavity, each contact plate being connected to one wire of the web.