Complaint for Declaratory Judgment with Jury Demand; Against Apollo Investment Holding CO., LLC by Xiaohui WU, Cangnan County NEW Vibration Plastic Film CO., LTD.. (Attachments: # 1 Ex. a Amazon Notice to Happy Memory, # 2 Ex. B Amazon Notice to Woi Life, # 3 Ex. C Apex Notice to Happy Memory, # 4 Ex. D Apex Notice to Woi Life, # 5 Civil Cover Sheet, # 6 Summons, # 7 Form AO 120)(Solter, Benjamin) (Additional Attachment (s) Added on 3/30/2026: # 8 Civil Cover Sheet Updated)
1This is an action under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and the patent laws of the United States, 35 U.S.C. § 1 et seq., seeking a declaration that Plaintiffs have not infringed and do not infringe U.S. Patent No. 9,163,370 (the ‘370 Patent) and that the ‘370 Patent is invalid.
2Plaintiffs bring this action together because Defendant asserted the same patent through the same Amazon patent-enforcement campaign against both Plaintiffs’ Amazon storefronts, involving the same asserted patent, the same rights-owner contact information, the same Amazon Patent Evaluation Express matter, overlapping accused products, and common questions of law and fact. On information and belief, ASIN B0BPGXZGJ9 and ASIN B0BQ1TV2VS are the same product except for color.
3Defendant’s patent assertions caused Amazon to remove HAPPY MEMORY’s listings for ASINs B07WPNZGFS and B0BPGXZGJ9, and WOI LIFE’s listing for ASIN
B0BQ1TV2VS.
4An actual and immediate controversy exists because Defendant identified itself to Amazon as the patent-owner contact for the ‘370 Patent, invoked Amazon’s Patent Evaluation Express process, and caused the removal of Plaintiffs’ listings from Amazon.com based on allegations that Plaintiffs’ products infringe the ‘370 Patent.
PARTIES
5Plaintiff Xiaohui Wu d/b/a HAPPY MEMORY is an individual who conducts business through the Amazon storefront known as HAPPY MEMORY.
6Plaintiff Cangnan County New Vibration Plastic Film Co., Ltd. d/b/a WOI LIFE is a privately held Chinese company organized under the laws of the People’s Republic of China and conducts business through the Amazon storefront known as WOI LIFE.
7Cangnan County New Vibration Plastic Film Co., Ltd. is privately owned by Xinzan Xu and Weixiang Chen.
8Defendant Apollo Investment Holding Co., LLC (‘Apollo’) is, on information and belief, a Wisconsin limited liability company with a principal office at N19 W24400 Riverwood Drive, Suite 350, Office 458, Waukesha, Wisconsin 53188.
9On information and belief, Apollo owns, controls, or possesses sufficient rights in the ‘370 Patent to enforce that patent against Plaintiffs’ products, and Apollo does business through, operates, or controls the Amazon storefront identified in the later Amazon removal notices as
ZOMISIA. JURISDICTION AND VENUE
10This action arises under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and the patent laws of the United States, 35 U.S.C. §§ 1-390.
11This Court has subject-matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
12This Court has personal jurisdiction over Apollo because, on information and belief, Apollo is a Wisconsin limited liability company and because Apollo purposefully directed the patent-enforcement conduct at issue from Wisconsin into the United States marketplace, including through Amazon’s patent-enforcement systems.
13Venue is proper in this District under 28 U.S.C. § 1391 because Apollo resides in this District and because the conduct giving rise to this action was directed from an address in Waukesha, Wisconsin, which lies in the Milwaukee Division of the Eastern District of Wisconsin.
14Plaintiffs are properly joined in this action because their claims arise out of the same transaction, occurrence, or series of transactions or occurrences, and common questions of law and fact will arise in this action.
THE PATENT IN SUIT
15U.S. Patent No. 9,163,370 is titled ‘Foldable Pickup Device’ and issued on October 20, 2015.
16On the face of the issued patent, the inventor is identified as Bin Qiu and the assignee is identified as Jiangsu Zhongheng Pet Supplies Co., Ltd.
17Public assignment records reflect a later chain of assignments from Bin Qiu to Jiangsu Zhongheng Pet Supplies Co., Ltd.; from Jiangsu Zhongheng Pet Supplies Co., Ltd. to Jiangsu Zhongheng Pet Articles Joint-Stock Co., Ltd.; and from Jiangsu Zhongheng Pet Articles Joint- Stock Co., Ltd. to Apollo Investment Holding Co., LLC. Apollo therefore claims ownership of the ‘370 Patent and has asserted it against Plaintiffs and their products.
DEFENDANT’S AMAZON PATENT ASSERTIONS
18On February 12, 2026, Amazon sent HAPPY MEMORY a Patent Evaluation Express notice concerning Case ID 19463290791. The notice stated that a patent owner believed HAPPY MEMORY’s listed products infringed the ‘370 Patent, identified Apollo as the patent-owner contact, and identified ASINs B0BPGXZGJ9 and B07WPNZGFS.
19On February 12, 2026, Amazon sent WOI LIFE a Patent Evaluation Express notice concerning the same Case ID 19463290791. That notice likewise identified Apollo as the patent- owner contact and identified ASIN B0BQ1TV2VS.
20On March 7, 2026, Amazon sent HAPPY MEMORY a policy-warning notice stating that Amazon had removed ASINs B07WPNZGFS and B0BPGXZGJ9, identifying Complaint ID 19461698401, rights owner name ZOMISIA, rights owner email [email protected], and the asserted patent as U.S. Patent No. 9,163,370 B2.
21On March 7, 2026, Amazon sent WOI LIFE a similar policy-warning notice stating that Amazon had removed ASIN B0BQ1TV2VS, identifying the same Complaint ID 19461698401, the same rights owner name ZOMISIA, the same rights owner email [email protected], and the same asserted patent.
22On information and belief, ZOMISIA is the Amazon storefront through which Apollo made or implemented the patent assertions at issue.
23As a direct result of Defendant’s patent assertions, Plaintiffs have lost the ability to sell the accused products through Amazon.com, have suffered and continue to suffer lost sales and related commercial harm, and face the continuing threat of renewed or continued marketplace enforcement based on the ‘370 Patent.
24On information and belief, following the removal of the listings, Amazon will not reinstate the accused products absent withdrawal or retraction of the complaints, or court-ordered relief directed to Defendant’s patent assertions.
NONINFRINGEMENT AND INVALIDITY
25Independent claims 1 and 8 of the ‘370 Patent each require, among other things, a foldable pickup device having a foldable linkage portion, a sleeve slidable along the upper operating stick to cover the linkage portion, and a lower portion of the cover comprising a locking button, with the sleeve comprising a hole configured to receive that locking button to maintain the upper and lower operating sticks in a linear form.
26The public prosecution history reflects that the patent applicant narrowed the claims to the cover, locking button, and sleeve hole limitation, and the examiner allowed the claims based on the absence of that feature from the cited prior art.
27Representative figures of the ‘370 Patent depict that alleged locking architecture as ‘corresponding button holes’ in the fixation sleeves and ‘locking buttons’ on the covers.
28ASIN B07WPNZGFS does not meet at least the foldable linkage and slidable sleeve limitations. That product uses a separable plug-in connector or collar structure rather than a foldable linkage covered by a slidable sleeve, and it is not foldable at a linkage portion.
29ASINs B0BPGXZGJ9 and B0BQ1TV2VS do not meet at least the claimed locking button and sleeve hole limitation. Those products use a different recess arrangement at the joint using a sleeve without a hole rather than the claimed lower cover locking button received by a hole in the sleeve to maintain the operating sticks in a linear form.
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Public U.S. federal court record (district court docket 73108751, document 1). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.