Case: 1:21-cv-01191 Doc #: 1 Filed: 06/15/21 1 of 7.

PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

THE NOCO COMPANY )

30339 DIAMOND PARKWAY, #102 )
GLENWILLOW, OHIO 44139 ) CASE NO:
)
Plaintiff, ) JUDGE:
v. )
)
)
SHENZHEN XINSHENGFENG TRADING )
CO., LTD. D/B/A AUTOXEL )
301, BUILDING 47, FENGHERILI )
LONGHUA DISTRICT SHENZHEN CHINA )
518109 )
Defendant. )

COMPLAINT
(JURY DEMAND ENDORSED HEREIN)

Plaintiff The NOCO Company d/b/a NOCO (“Plaintiff” or “NOCO”) by and

through counsel, and for its Complaint against Shenzhen Xinshengfeng Trading Co.,

Ltd. d/b/a AUTOXEL (“AUTOXEL” or “Defendant”), states as follows:

INTRODUCTION

1. AUTOXEL is willfully infringing upon NOCO’s design patent in

connection with the manufacturing, marketing, and sale of its competing products in

Ohio and the United States of America. These infringing activities are illegal, and have

harmed, and will continue to harm, NOCO.

PARTIES

2. NOCO is an Ohio corporation engaged in the design, manufacture, and

sale of battery chargers, portable power devices, and battery products and accessories.

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3. AUTOXEL is a corporation organized under the laws of China and

engaged in the design, manufacture and sale of jump starters, battery chargers, and

other consumer products under the brand name “AUTOXEL”.

4. AUTOXEL is selling jump starters in the United States, using NOCO’s

proprietary intellectual property in connection with such sales, without the authority or

consent of NOCO.

JURISDICTION/VENUE

5. This Court has original subject matter jurisdiction over NOCO’s patent

claims pursuant to 28 U.S.C. § 1338(a).

6. This Court also has original jurisdiction over NOCO’s unfair competition

claims, pursuant to 28 U.S.C. § 1338(b), because they are joined with NOCO’s

substantial and related patent claims.

7. This Court has supplemental jurisdiction, pursuant to 28 U.S.C. § 1367,

over NOCO’s remaining claims because they form part of the same case or controversy

as NOCO’s patent claims.

8. Pursuant to Ohio Revised Code Section 2307.382, this Court has personal

jurisdiction over AUTOXEL because, among other reasons, AUTOXEL regularly solicits

and transacts business, supplies goods, and has caused tortious injury in the State of

Ohio, knowing that NOCO would be harmed here.

9. Additionally, AUTOXEL is subject to this Court’s exercise of personal

jurisdiction by operation of Fed. R. Civ. P. 4(k)(2).

10. As a Chinese entity with a principal place of business in China,

AUTOXEL is not subject to any one state’s general jurisdiction.

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11. Due process is satisfied as to AUTOXEL because it has intentionally

targeted and purposely availed itself of this forum by: operating an interactive website

actively targeting United States customers, operating amazon.com’s U.S.-specific

platform interactively as a seller, offering products for sale in the United States and

Ohio, making sales to United States customers, shipping products into the United

States and Ohio, and tortiously harming NOCO in the United States and Ohio,

knowing that NOCO would be harmed here.

12. Importantly, AUTOXEL operates the interactive website autoxel.com,

through which it actively solicits customers and advertises its jump starter products

before ultimately linking customers to Amazon to complete their transactions.

13. AUTOXEL also sells to United States customers through Amazon, as

evidenced by reviews left by “verified purchasers” located in the United States1.

14. NOCO’s claims arise directly from AUTOXEL’s forum-related activity,

including its infringing marketing, sales, and shipments into the forum, which are

directly relevant to NOCO’s causes of action.

15. This Court’s exercise of personal jurisdiction over AUTOXEL is

reasonable because of AUTOXEL’s extensive and purposeful availment of this forum

and the relevance of AUTOXEL’s forum contacts.

16. Venue is proper pursuant to 28 U.S.C. § 1391(b) because a substantial

portion of the infringing sales were made in the United States and Ohio, and further

1 For example, “verified purchaser” reviews of AUTOXEL’s 3.8A Charger/Maintainer

are available at: https://www.amazon.com/AUTOXEL-Automotive-Maintainer-
Charging-Motorcycle/product-reviews/B07ZVRFX2M/ref=cm_cr_arp_d_viewopt_rvwer?
ie=UTF8&reviewerType=avp_only_reviews&pageNumber=1.
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because the affected intellectual property is the property of NOCO, a United States and

Ohio company, and AUTOXEL can be said to have reached into this forum to take

NOCO’s intellectual property.

BACKGROUND

17. NOCO and AUTOXEL compete in multiple regions, primarily the United

States, in the battery jump starter market.

18. AUTOXEL has sought an unfair and illegal advantage in its competition

with NOCO.

19. Recently, NOCO has discovered AUTOXEL’s design patent infringement,

which is outlined below.

THE PATENTS

20. NOCO protects certain elements of its product designs by securing design

patents to prevent competitors from adopting NOCO’s unique product design elements.

21. At issue here is United States Design Patent Number 754,606 S1 (the

“’606 Patent”, entitled “Electrical Connector,” which was duly and legally issued on

April 26, 2016. A true and correct copy of the ‘606 Patent is attached hereto as Exhibit

1.

22. The ‘606 Patent claims the ornamental design as shown and described in

the patent.

23. NOCO is the owner of the entire right, title, and interest in the ‘606

Patent (the “Patent”).

24. NOCO regularly monitors the marketplace and has identified

AUTOXEL’s infringement of the Patent.

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THE PATENT INFRINGEMENT

25. AUTOXEL has manufactured, offered for sale, and sold products which

infringe upon NOCO’s Patent.

26. AUTOXEL’s connector design, as presented with AUTOXEL’s 3.8A

Charger/Maintainer, infringes upon the ‘606 Patent as shown in Figure 1, below.

‘606 Patent, Figure 6 The AUTOXEL Connector Design

Figure 1: A side-by-side comparison of the ‘606 Patent’s claimed design and the
infringing AUTOXEL design.

27. An ordinary observer or purchaser would find the overall design of the

‘606 Patent and the AUTOXEL Connector Design to be substantially similar and

mistakenly purchase the AUTOXEL product.

28. As of the date of this filing, AUTOXEL continues its infringing activity.

Count One
Declaratory Judgment/Injunctive Relief

29. NOCO hereby incorporates each and every preceding paragraph as if fully

restated herein.

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30. An actual and justiciable controversy exists between NOCO and

AUTOXEL related to whether AUTOXEL has the right to use the Patent without

NOCO’s consent and in violation of NOCO’s rights in the same.

31. The Court, pursuant to 28 U.S.C. § 2201(a) and Fed. R. Civ. P. 57, should

declare that AUTOXEL has no right or authorization to use the Patent, as these actions

have harmed and continue to harm NOCO in an amount to be determined at trial.

32. Such a declaration is proper, pursuant to U.S.C. § 2201(a), because it

would terminate an “actual controversy” between the parties and declare NOCO’s

rights with respect to these issues.

Count Two
Patent Infringement

33. NOCO hereby incorporates each and every preceding paragraph as if fully

restated herein.

34. NOCO is the owner of the ‘606 Patent.

35. NOCO’s Patent is valid and subsisting.

36. AUTOXEL has been, and is, infringing the Patent by making, selling, and

offering for sale in the United States and Ohio, the accused products, in violation of 35

U.S.C. §271(a).

37. AUTOXEL’s infringement has been, and continues to be, knowing,

intentional, and willful. This case is exceptional and, therefore, NOCO is entitled to an

award of attorney fees pursuant to 35 U.S.C. § 285.

38. AUTOXEL’s infringement has caused and will continue to cause NOCO

damages for which NOCO is entitled to a reasonable royalty pursuant to 35 U.S.C.

§ 284 or AUTOXEL’s profits pursuant to 35 U.S.C. §289.

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39. AUTOXEL’s acts of infringement of the Patent has caused and will

continue to cause NOCO immediate and irreparable harm unless such infringing

activities are enjoined by this Court pursuant to 35 U.S.C. § 283. NOCO has no

adequate remedy at law.

WHEREFORE, Plaintiff prays for judgment as follows:

A. As to Count One, a declaratory judgment declaring that AUTOXEL is

unauthorized to use the Trademark, and permanently enjoining AUTOXEL from any
further use of the Patent;

B. As to Count Two, award compensatory damages in an amount to be

determined at trial, but in excess of $25,000, such award to be increased up to three
times the actual amount assessed, plus pre-judgment and post-judgment interest and
costs, as well as NOCO’s attorney’s fees and costs, disgorge AUTOXEL of the proceeds
from their infringing sales, and permanently enjoin AUTOXEL from infringing,
contributing to the infringement of, or inducing infringement of the Patent.

Respectfully submitted,
KOHRMAN JACKSON & KRANTZ LLP
/s/ Jon J. Pinney
JON J. PINNEY (0072761)
ALEXANDER M. WELSH (0096880)
One Cleveland Center, 29th Floor
1375 East Ninth Street
Cleveland, Ohio 44114
Phone: 216-696-8700
Fax: 216-621-6536
Email: [email protected]; [email protected]
Counsel for Plaintiff

JURY DEMAND

Plaintiff respectfully demands a trial by jury pursuant to Fed. R. Civ. P. 38.

/s/ Jon J. Pinney

JON J. PINNEY

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USOOD754606S

(12) United States Design Patent (10) Patent No.: US D754,606S

NO0k et al. (45) Date of Patent: Apr. 26, 2016
(54) ELECTRICAL CONNECTOR D444,772 S * 7/2001 Milan .......................... D13,154
D450,303 S * 1 1/2001 Milan .......................... D13,154
D552,560 S * 10/2007 Victor .......................... D13,154
(71) Applicant: THE Noco COMPANY., Glenwillow, D586,750 S * 2/2009 Li ................................ D13,133
(US) D588.995 S * 3/2009 Wu et al. ...................... D13,147
D593,959 S * 6/2009 Victor .......................... D13,156
(72) Inventors: Jonathan Lewis Nook, Gates Mills, OH D596,125 S * 7/2009 Norin et al. .................. D13,133
(US); William Knight Nook, Sr., Shaker D597,946 S * 8/2009 Li ................................ D13,133
Heights, OH (US); James Richard D708,140 S * 7/2014 Nook et al. .................. D13,133
Stanfi ld Peori AZ US): Derek D726,114 S * 4/2015 Nook et al. .................. D13,133
anfield, Peoria, AZ (US); Dere D734,726 S * 7/2015 Nook et al. .................. D13/149
Michael
Icnaei Underhill.
UndernIII, Tlempe, AZ (US)
* cited by examiner
(73) Assignee: THE NOCO COMPANY, Glenwillow,
OH (US) Primary Examiner — Thomas Johannes
Assistant Examiner — Shawn T. Gingrich
9.
(**) Term: 14 Years (74) Attorney, Agent, or Firm — Vorys, Sater, Seymour &
Pease LLP. William L. Klima
(21) Appl. No. 29/486,671
(22) Filed: Apr. 1, 2014 (57)
Th e ornamental
tal design
CLAIM
des1gn fIor a elecur1cal
lectrical connector,
t as Snown
h
(51) LOC (10) Cl. ................................................ 13-03 and described.
(52) U.S. Cl.
USPC ......................................................... D13A133
(58) Field of Classification Search DESCRIPTION
USPC ........ D13/107, 110, 123, B.S., l, FIG. 1 is a perspective view for an electrical connector;
CPC. He site, SERE FRES s s
H01R 13/631; H01R 13/635; H01R 13/58;
s FIG. 4 is a right-side view thereof;
- 0
HO1R 23/7073 FIG. 5 is a left-side view thereof;
FIG. 6 is a top planar view thereof; and,
See application file for complete search history. FIG. 7 is a bottom planar view thereof.
The broken line portion of the figure drawings is included to
(56) References Cited show unclaimed Subject matter only and forms no part of the
U.S. PATENT DOCUMENTS claimed design.
D443,593 S * 6/2001 Milan .......................... D13,154 1 Claim, 4 Drawing Sheets

EXHIBIT 1
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U.S. Patent Apr. 26, 2016 Sheet 1 of 4 US D754,606S

s
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U.S. Patent Apr. 26, 2016 Sheet 2 of 4 US D754,606S

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U.S. Patent Apr. 26, 2016 Sheet 3 of 4 US D754,606S

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U.S. Patent Apr. 26, 2016 Sheet 4 of 4 US D754,606S

JS 44 (Rev. 10/20) Case: 1:21-cv-01191CIVIL
Doc #: COVER
1-2 Filed:SHEET
06/15/21 1 of 3. PageID #: 13
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 THE NOCO COMPANY DEFENDANTS SHENZHEN XINSHENGFENG TRADING CO., LTD.
D/B/A AUTOXEL
30339 DIAMOND PARKWAY, #102 301, BUILDING 47, FENGHERILI
GLENWILLOW, OHIO 44139 LONGHUA DISTRICT
SHENZHEN, CHINA 518109
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(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)
Jon J. Pinney/Alexander M. Welsh
Kohrman Jackson Krantz
1375 East 9th Street, 29th Floor
Cleveland, Ohio 44114
216-696-8700

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
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1 U.S. Government x3 Federal Question PTF DEF PTF DEF
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of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
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
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Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
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VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
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VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
June 15, 2021 /s/ Jon J. Pinney
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 Case: 1:21-cv-01191 Doc #: 1-2 Filed: 06/15/21 2 of 3. PageID #: 14
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

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JS 44 Reverse (Rev. 10/20) Case: 1:21-cv-01191 Doc #: 1-2 Filed: 06/15/21 3 of 3. PageID #: 15
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 Case: 1:21-cv-01191 Doc #: 1-3 Filed: 06/15/21 1 of 2. PageID #: 16

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
NorthernDistrict
__________ Districtofof__________
Ohio

THE NOCO COMPANY )

30339 DIAMOND PARKWAY, #102 )
GLENWILLOW, OHIO 44139 )
)
Plaintiff(s) )
)
v. Civil Action No. 1:21-CV-01191
)
SHENZHEN XINSHENGFENG TRADING CO., LTD. )
D/B/A AUTOXEL )
301, BUILDING 47, FENGHERILI LONGHUA )
DISTRICT SHENZHEN CHINA 518109 )
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) SHENZHEN XINSHENGFENG TRADING CO., LTD.
D/B/A AUTOXEL
301, BUILDING 47
FENGHERILI LONGHUA DISTRICT
SHENZHEN CHINA 518109

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: JON J. PINNEY (0072761
ALEXANDER M. WELSH (0096880)
One Cleveland Center, 29th Floor
1375 East Ninth Street
Cleveland, Ohio 44114

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

SANDY OPACICH, CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case: 1:21-cv-01191 Doc #: 1-3 Filed: 06/15/21 2 of 2. PageID #: 17

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:21-CV-01191

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc: