Case 2:16-cv-01184-BCW Document 2 Filed 11/21/16 Page 1 of 9

Mark A. Miller, 9568

mmiller@hollandhart.com
Dawn M. David, 15808
dmdavid@hollandhart.com
HOLLAND & HART LLP
222 S. Main Street, Suite 2200
Salt Lake City, Utah 84101
Telephone: (801) 799-5800
Facsimile: (801) 799-5700
Attorneys for Plaintiff
Puzhen Life USA, LLC
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
PUZHEN LIFE USA LLC, a New York
Limited Liability Company;

COMPLAINT

Plaintiff,

Case No. 2:16-cv-01184-BCW

vs.

Magistrate Judge Brooke C. Wells

HOMEDICS, INC., a Michigan Corporation,

and DOE COMPANIES 1-9,

(JURY DEMAND)

Defendant.
Plaintiff Puzhen Life USA, LLC, (Puzhen) complains against Defendant HoMedics,
Inc. (HoMedics) and alleges as follows:
PARTIES
1.

Puzhen is a New York limited liability company having its principal place of

business at 299 Park Avenue, 6th Floor, New York, NY 10171.

2.

HoMedics is a for-profit corporation organized and existing under Michigan law

and having its principal place of business at 3000 Pontiac Trail, Commerce Township, MI

9348632_1.doc

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48390. HoMedics may be properly served by having a copy of the Summons and Complaint in
this case delivered to its registered agent, Alon Kaufman, at this same address.
3.

Upon information and belief, Doe Companies are business entities that are

making, using, selling, offering to sell, or importing the Infringing Product (described infra) in
the United States, including without limitation, business entities that obtain the Infringing
Product directly or indirectly from HoMedics.

Doe Companies may be identified during

discovery and the Complaint may appropriately be amended to include such Doe Companies.
JURISDICTION AND VENUE
4.

This is a civil action for design patent infringement, arising under the laws of the

United States, including but not limited to 35 U.S.C. 271, et seq.

5.

This is also a civil action for unfair competition, pursuant to the laws of the State

of Utah, including but not limited to Utah Code Ann. 13-5a-101, et seq.
6.

This Court has original subject matter jurisdiction over this controversy pursuant

to 28 U.S.C. 1331, 1338 and/or 1367.

7.

This Court has personal jurisdiction over HoMedics pursuant to Utah Code Ann.

78B-3-201 and/or 78B-3-205(1). Upon information and belief, HoMedics has an ongoing and
continuous relationship with doTERRA, International, LLC (doTERRA), a Utah Limited
liability company. In addition, HoMedics has sufficient minimum contacts with Utah to support
jurisdiction in this district, because HoMedics has transacted business relating to the subject
matter of this lawsuit in Utah and has, thereby, caused damage to Puzhen in Utah. Moreover,
personal jurisdiction over HoMedics is proper due to their infringing activities in and directed to

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the State of Utah, including but not limited to selling, offering for sale, distributing, and/or
advertising the Infringing Product in Utah.
8.

Venue is proper in this district pursuant to 28 U.S.C. 1391 and/or 1400. Also,

doTERRA is Puzhens sole retailer of the patented product, and doTERRA is headquartered in
Pleasant Grove, Utah.
GENERAL ALLEGATIONS
Puzhens Rights in the Design Patent
9.

Puzhen is the owner, by virtue of assignment, of the entire right, title, and interest

in and to U.S. Design Patent No. D720,063 (the 063 Patent), entitled Aroma Diffuser,
which was filed on August 21, 2014 and granted on December 23, 2014. A copy of the 063
Patent is attached hereto as Exhibit A.
10.

Puzhen operates a growing business that sells aromatherapy products, including

related items designed to promote calm human calm, such as aroma diffusers and essential oils.
11.

Puzhens sole retailer of this patented product is doTERRA, a for-profit company

based in Utah that sells aroma diffusers and essential oils.

12.

Puzhen has invested substantial time and resources developing its 063 Patent,

and related product line of aroma diffusers and associated goods, including its Petal Diffuser.
13.

The 063 Patent covers an ornamental design for an aroma diffuser.

The

ornamental design features a spherical overall shape, with a concave top portion that has a small
aperture in the center of the concave top portion, a line across the mid-portion of the spherical
shape that divides the lower portion of the diffuser from the upper portion of the diffuser, and

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two stadium shaped buttons located side-by-side just below the line across the mid-portion of the
overall spherical shape of the diffuser, as well as other design features.
14.

Puzhen practices the 063 Patent in its commercialization of the Petal Diffuser,

which is distributed exclusively by doTERRA.

HoMedics Infringing Activity
15.

HoMedics recently began manufacturing and selling the Ellia Awaken Ultrasonic

Essential Oil Diffuser (Infringing Product), in competition with Puzhens Petal Diffuser.
16.

The Infringing Product is the same or substantially the same as the design of the

aroma diffuser of the 063 Patent. A side-by-side comparison of the 063 Patents patented
design and representative photographs of the Infringing Product are shown below:
The 063 Patent

HoMedics Infringing Product

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The 063 Patent

HoMedics Infringing Product

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17.

Puzhen has not granted a license or given any other authorization to HoMedics to

make, use, offer for sale, or sell an aroma diffuser that embodies the design patented in the 063
Patent, which is proprietary to Puzhen, particularly in its Petal Diffuser product.
FIRST CAUSE OF ACTION
(PATENT INFRINGEMENT)
18.

Puzhen realleges and incorporates by reference all of the foregoing paragraphs.

19.

Puzhen is the owner of the 063 Patent, which is valid and enforceable.

20.

Upon information and belief, HoMedics has infringed and continues to infringe

the 063 Patent by making, using, offering for sale, and/or selling the Infringing Product in the
United States, including in the State of Utah and within this District in violation of 35 U.S.C.
271.
21.

HoMedics is infringing the 063 Patent because an ordinary observer, giving such

attention as a purchaser usually gives, would think that the Infringing Product is substantially the
same as the design of the aroma diffuser claimed in the 063 Patent.
22.

An ordinary observer, giving such attention as a purchaser usually gives, would

be deceived by the substantial similarity between the design of the Infringing Product made,
used, offered for sale, and/or sold by HoMedics and the patented design in the 063 Patent.
23.

An ordinary observer, giving such attention as a purchaser usually gives, would

be induced to purchase the Infringing Product from HoMedics, either through its websites, online
retailers, or in person at retail stores, due to the Infringing Product being substantially the same
as the design protected by the 063 Patent.

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24.

Upon information and belief, HoMedics actions have been, and continue to be,

knowing, intentional, willful, and deliberate.

25.

HoMedics acts of infringement of the 063 Patent have caused, and will continue

to cause, Puzhen damages for which Puzhen is entitled to recover compensation, pursuant to 35
U.S.C. 284.
26.

HoMedics conduct, if allowed to continue, will also cause irreparable harm to

Puzhen, for which Puzhen has no adequate remedy at law.

27.

Puzhen is entitled to injunctive relief and monetary damages, expenses, and fees,

in amounts to be determined at trial, against HoMedics.

28.

HoMedics has also profited from, and continues to profit from, its Infringing

Product.
29.

Puzhen has suffered pecuniary damages in amounts to be determined at trial, as a

result of HoMedics willful infringement of the 063 Patent, pursuant to 35 U.S.C. 284 and
289.
SECOND CAUSE OF ACTION
(UNFAIR COMPETITION)
30.

Puzhen realleges and incorporates by reference all of the foregoing paragraphs.

31.

Upon information and belief, HoMedics is engaging in intentional business acts or

practices that are unlawful, unfair, and/or fraudulent and that have caused a material diminution
in the value of Puzhens 063 Patent, in violation of, inter alia, Utah Code Ann. 13-5a-102(4)
and 103(1).

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32.

Upon information and belief, HoMedics is engaging in conduct that gives rise to a

cause of action for unfair competition and related wrongs under the statutory and common laws
of the State of Utah and other states, including at least Utah Code Ann. 13-5a-101, et seq.
33.

Upon information and belief, Puzhen has suffered actual damages and irreparable

harm as a result of the actions of HoMedics.

34.

By reason of the foregoing, Puzhen is entitled to actual and punitive damages

from HoMedics, including attorneys fees, expenses and costs, pursuant to Utah Code Ann. 135a-103(1)(b).
PRAYER FOR RELIEF
WHEREFORE, Puzhen demands judgment against HoMedics as follows:
A.

That the Court enter judgment in favor of Puzhen and against HoMedics on all

B.

That HoMedics be adjudged and declared to have infringed at least one claim of

claims;

the 063 Patent, whether by direct infringement, contributory infringement, and/or inducement to
infringe, with the Court entering judgment against HoMedics for infringement of the 063 Patent;
C.

That HoMedics be adjudged and declared to have committed unfair competition;

D.

That the Court enter a preliminary and permanent injunction prohibiting

HoMedics from making, using, selling, distributing, or offering for sale the Infringing Product or
any product that infringes the 063 Patent;
E.

That the Court order an accounting for Puzhens damages and/or for HoMedics

profits derived and/or related to HoMedics infringement of the 063 Patent, and issue a
monetary damages award in excess of $75,000, exclusive of interest of costs.
8

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F.

That such monetary damages be trebled pursuant to 35 U.S.C. 284 for the

willful acts of infringement alleged herein;

G.

That the Court Order an assessment of interest and costs against HoMedics;

H.

That the Court find this to be an exceptional case, and award reasonable

attorneys fees to Puzhen pursuant to 35 U.S.C. 285 or otherwise; and

I.

That the Court award Puzhen all further relief as the Court deems just and proper.
JURY DEMAND

Puzhen demands a trial by jury on all claims and issues so triable.

DATED this 21st day of November, 2016.
Respectfully Submitted,
/s/ Mark A. Miller
Mark A. Miller, 9568
mmiller@hollandhart.com
Dawn M. David, 15808
dmdavid@hollandhart.com
HOLLAND & HART LLP
222 S. Main Street, Suite 2200
Salt Lake City, Utah 84101
Telephone: (801) 799-5800
Facsimile: (801) 799-5700
Attorneys for Plaintiff
Puzhen Life USA LLC
Of Counsel:
Gregory S. Smith
Law Offices of Gregory S. Smith
913 East Capitol Street, S.E.
Washington, D.C. 20003
Telephone: (202) 460-3381
Facsimile: (877) 809-9113
(Pro Hac Vice Application Pending)
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Exhibit A

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