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COMPLAINT FOR PATENTINFRINGEMENT

PARTIES

UNITED STATES DISTRICT COUR

CENTRAL DISTRICT OF CALIFO

Defendants.

vs.

For its Complaint, Plaintiff alleges as follows:

SEAN BOGUNIA, an individual 2REBECCA BOGUNIA, an indivIdual,and SEAN BOGUNIA'S ULTIMATEMAGIC PRODUCTIONS, LLC, aMichtgan limited liability company, andDOES-I-9, inclusive,

Daniel M. Cislo, Esq., No. 125,378dan@cislo. com

Mark D. Nielsen, Esq., No. 210,023mnielsen@cislo. com

CISLO ATHOMAS LLP1333 2n Street, Suite 500Santa Monica), California 90401-4110Tele~hone: (310) 451-0647Telelax: (310) 394-4477

Attorney:s for Plaintiff,YIGAL MESIKA

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10YIGAL MESIKA, an individual,

11Plaintiff,

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2324 1. Plaintiff Yigal Mesika ("Plaintiff" or "Mesika") is an individual

25 residing in this judi~ial district at 7245 Hillside Ave # 310, Los Angeles,

26 California 90046. Plaintiff is seeking damages and injunctive relief in connection

27 with its patent infringement claim set forth below.

282. Defendant Sean Bogunia is an individual believed to be residing in

Case 2:09-cv-01580-JFW-SS Document 1 Filed 03/06/09 Page 1 of 73 Page ID #:1

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the state of Michigan at 4716 Niles-Buchanan Road, Buchanan, Michigan 49107,

and having a post office box as follows: P.O. Box 215, Niles, Michigan 49120.

Sean Bogunia is a magician who is believed to offer his goods and services

through Defendant Sean Bogunia’s Ultimate Magic Productions LLC. See,

Exhibit 1, attached hereto. It is believed that Mr. Bogunia is a member of

Defendant Sean Bogunia’s Ultimate Magic Productions LLC. It is also believed

that Mr. Bogunia is personally directing the infringing activities described herein,

and/or is the alter ego of Defendant Sean Bogunia’s Ultimate Magic Productions

LLC.

3. Defendant Rebecca Bogunia is an individual believed to be residing

in the state of Michigan at 4716 Niles-Buchanan Road, Buchanan, Michigan

49107. It is believed that Ms. Bogunia is the general partner and/or member of

Defendant Sean Bogunia’s Ultimate Magic Productions LLC, the entity believed

to purvey Mr. Bogunia’s goods and services. See, Exhibit 2, attached hereto. It

is also believed that Ms. Bogunia is personally directing the infringing activities

described herein, and/or is the alter ego of Defendant Sean Bogunia’s Ultimate

Magic Productions LLC.

4. Defendant Sean Bogunia’s Ultimate Magic Productions LLC

(“LLC”) is a limited liability company organized under the laws of Michigan and

believed to have a business address of 4716 Niles-Buchanan Road, Buchanan,

Michigan 49107. The LLC was formed in June of 2006. It is believed that the

LLC is owned, operated, managed, and controlled by Mr. and Ms. Bogunia.

5. In this complaint, “Defendants” shall refer to the three named

defendants collectively, unless expressly stated otherwise.

///


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6. The true names and capacities, whether individual, corporate or

otherwise of Defendants Does 1-9 inclusive, are unknown to Plaintiff, who

therefore sues them by such fictitious names. Plaintiff will seek leave to amend

this complaint to allege their true names and capacities when they have been

ascertained. Plaintiff is informed and believes and thereon alleges that each of the

fictitiously named Defendants is responsible in some manner for the occurrences

herein alleged and that Plaintiff’s damages as herein alleged were proximately

caused by those Defendants. At all times herein mentioned, Defendants Does 1-9

inclusive were the agents, servants, employees or attorneys of their co-defendants,

and in doing the things hereinafter alleged were acting within the course and

scope of their authority as those agents, servants, employees or attorneys, and

with the permission and consent of their co-defendants.

JURISDICTION AND VENUE

7. This Court has subject matter jurisdiction over this action pursuant to

28 U.S.C. § 1331 and U.S.C. § 1338(a) as it arises under Acts of Congress

related to patents.

8. In addition to the allegations of paragraph 2 above, which are

incorporated herein by reference, this Court has personal jurisdiction over Sean

Bogunia in that the LLC’s website instructs purchasers of his goods, including

those within this judicial district, to make checks or money orders “payable to

SEAN BOGUNIA.” See, Exhibit 1, attached hereto. On information and belief,

Mr. Bogunia has used the accused product(s) in performances in this judicial

district, and has either in-person or through other means of correspondence,

provided instruction to persons residing in this judicial district concerning the use

of the accused product(s).


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9. In addition to the allegations of paragraph 3 above, which are

incorporated herein by reference, this Court has personal jurisdiction over

Rebecca Bogunia in that she directs shipment of the accused product(s) into this

judicial district. See, Exhibit 3, attached hereto. In addition, she is the general

partner of the LLC, which has a regular and established business over the internet

that offers the accused product(s) for sale and instructional videos for use of the

accused product(s), both of which can be accessed in this judicial district.

10. This Court has personal jurisdiction over the LLC as it is doing

substantial business in this judicial district through its website

www.sbultimate.com (see, Exhibit 1, attached hereto.), which advertises, publicly

displays, and offers for sale the accused product(s). In addition, the website

offers an instructional video instructing others, including those in this judicial

district, how to use the accused product(s). Defendants have sold the accused

products to persons in this judicial district. See, Exhibits 3 and 10, attached

hereto.

11. Furthermore, Defendants, being on actual notice of Plaintiff’s patent

rights asserted herein since at least as early as May of 2008, as well as being on

notice that Plaintiff resides in this judicial district, are believed to have known that

their making, using, importing, offering for sale, and/or selling of the accused

product(s) would have substantial effects in this judicial district such that they are

subject to personal jurisdiction in this judicial district.

12. Venue is proper in this judicial district pursuant to 28 U.S.C. §§

1391(b), 1391(c), and 1400 in that the Defendants are subject to personal

jurisdiction in this district (as stated in the preceding paragraphs), have committed

acts of infringement in this district, and/or have a regular and established business


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over the internet that offers the accused product(s) for sale in this judicial district

and provides instructional videos for use of the accused product(s) to persons in

this judicial district.

FACTUAL ALLEGATIONS

13. Plaintiff Yigal Mesika is a well known, talented magician who has

been honing his craft since he was a teenager in Israel. After traveling around the

world for a number of years performing his magic acts in over 40 countries, he

arrived in Los Angeles, California at age 23 in 1999. Since that time, he has

worked with many top magicians and illusionists, including Chris Angel, David

Blaine, and Cyril, and performed in the Magic Castle. Consequently, Plaintiff

finds himself in high standing among his peers.

14. As part of creating innovative magic acts, Plaintiff has developed a

variety of products, including his Electric Spider Pen, which is an invisible thread

reel with a motorized spool. See, Exhibit 4, attached hereto. The product

received rave reviews as being innovative with respect to invisible thread tricks.

15. The Electric Spider Pen product allows magicians to exert

exceptional control over the spooling and releasing of invisible thread used in a

variety of magic tricks related to controlling the motion of small objects. The

Electric Spider Pen product uses a motorized spool apparatus that greatly

enhanced the ability of the magician to control the invisible thread relative to prior

systems that did not use a motorized spooling system.

16. Plaintiff offers his Electric Spider Pen product (and its thread and

battery accessories) for sale through authorized magic shops and websites.

///


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17. In order to protect his innovation with respect to invisible thread

tricks embodied by his Electric Spider Pen product, Plaintiff filed a United States

Patent Application on March 29, 2005.

18. Plaintiff was awarded U.S. Patent No. 7,311,609 (“‘609 Patent”) for

his Miniature Spooling Apparatus on December 25, 2007. See, Exhibit 5,

attached hereto. The patent was duly and legally issued and is owned by Plaintiff,

and it enjoys a statutory presumption of validity, including that the claimed

invention therein is useful, novel, and non-obvious.

19. In or about the Spring of 2008, long after Plaintiff had conceived his

Electric Spider Pen invention and filed a patent application for the same, Plaintiff

became aware that Mr. Bogunia, through the LLC, and with the assistance of Ms.

Bogunia, had recently begun offering for sale and selling a product known as the

“iThread” that Plaintiff believed infringed one or more of the claims in the ‘609

Patent. See, Exhibits 1, 6, and 7, attached hereto. Additional information and

instructions regarding the iThread product are contained on a DVD that is

provided when one purchases the product (see, Exhibit 8, attached hereto), as

well as through a You Tube video made by or for Defendants showing how to use

the iThread product (see, Exhibit 1, attached hereto.). On information and belief,

Defendants are scheduling to release a modified iThread called the “iThreadX” in

early March of 2009. See, Exhibit 1, attached hereto. On information and belief,

the iThreadX is more or less a non-programmable version of the iThread that

likely infringes one or more claims of the ‘609 Patent. See, Exhibit 1, attached

hereto.

20. In late May of 2008, Plaintiff, through counsel, informed Mr.

Bogunia of the alleged patent infringement, and requested that Mr. Bogunia work


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with Plaintiff to remedy the situation. The communications continued into early

June of 2008, wherein Plaintiff made Mr. Bogunia aware of a pending patent

application related to the ‘609 Patent on or about June 6, 2008. Mr. Bogunia

acknowledged his awareness of Plaintiff’s pending patent application (referenced

below at Exh. 9) by way of e-mail communication to Plaintiff on or about June 6,

2008. Ultimately, the matter was not resolved, with Mr. Bogunia (on behalf of

the LLC) refusing to cease and desist from the infringing activities Plaintiff

alleged that he was perpetrating.

21. In or about October of 2008, through counsel, Plaintiff again

contacted Mr. Bogunia and the LLC regarding the alleged infringement of the

‘609 Patent by the iThread device. Plaintiff specifically demanded that Bogunia

and the LLC cease and desist from its dealings in the iThread product.

22. Having received no compliance with its cease and desist letters,

Plaintiff has been left with no choice but to commence litigation to cause

Defendants to respect and comply with his patent rights, which are being violated

by Defendants in connection with the iThread product (and the upcoming

iThreadX product).

23. Advertising and sales of the accused products (i.e., the iThread and

iThreadX products, as well as related accessories therefore) are believed to be

occurring in this judicial district over the internet and through distribution

channels for the accused products established by Defendants.

24. In addition, Defendants have posted instructional videos on the

internet (e.g., on YouTube and www.sbultimate.com) showing purchasers and

potential purchasers of the accused product(s) how to use them, said instructional


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videos being accessible in this judicial district. By knowingly placing

instructional materials for the accused products on the internet, Defendants are

inducing others to use the accused product(s) in a manner that infringes the ‘609

Patent.

25. Defendants’ advertising and sales of the accused products in this

judicial district (over the internet and through distributors) and elsewhere is

impacting Plaintiff by diverting sales.

COUNT I - PATENT INFRINGEMENT

(35 U.S.C § 101, et seq.)

26. Plaintiff hereby repeats and incorporates herein the allegations set

forth in paragraphs 1 through 25 above.

27. The ‘609 Patent (see, Exhibit 5, attached hereto) has at all relevant

times subsequent to its issue date been fully enforceable and is now fully

enforceable.

28. Subsequent to the issuance of the ‘609 Patent, Defendants have

infringed the patent by making, using, importing, offering to sell, and/or selling,

and continuing to make, use, import, offer to sell and/or sell products that come

within the scope of the claims of the patent, and that come within a range of

equivalents of the claims of the patent, and/or contributing to and/or inducing the

infringing activities of others.

29. The making, using, importing, offering to sell, and/or selling of

infringing products by Defendants, and/or contributing to and/or inducing the


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infringing activities of others has been without authority or license from Plaintiff,

and in violation of Plaintiff’s rights, thereby infringing one or more of the claims

of the ‘609 Patent.

30. Defendants’ infringement of the ‘609 Patent has been willful, with

knowledge, and in objectively reckless disregard for the exclusive rights of

Plaintiff set forth in its patents (and published patent application), and as set forth

herein.

31. The amount of money damages that Plaintiff has suffered due to

Defendants’ acts of infringement cannot be determined without an accounting, and

it is thus subject to proof at trial.

32. The harm to Plaintiff arising from Defendants’ acts of infringement

of the ‘609 Patent is not fully compensable by money damages. Rather, Plaintiff

has suffered and continues to suffer irreparable harm which has no adequate

remedy at law and which will continue unless Defendants’ conduct is enjoined.

33. Plaintiff is therefore also entitled to a preliminary injunction, to be

made permanent on entry of the judgment, preventing Defendants from further

acts of infringement.

34. Plaintiff also is the owner of pending United States Patent

Application No. 12/004,656 (“‘656 Application”) (see, Exhibit 9, attached

hereto), which claims priority in part to the application for the ‘609 Patent.

Should the ‘656 Application issue as a patent, Plaintiff will seek leave to amend

this complaint to assert any patent that issues from the ‘656 Application inasmuch

as Plaintiff believes that the accused products similarly infringe the claims, as


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originally written, of the ‘656 Application (and would infringe the claims of any

patent issued therefrom).

35. The ‘656 Application has been published, and should a patent issue

therefrom with claims substantially similar to the claims as published on May 8,

2008, Plaintiff should be awarded pre-issuance royalties for infringement of any

patent that issues from the ‘656 Application, in an amount to be determined at

trial according to proof, as well as post-issuance damages that Plaintiff has

suffered due to Defendants’ acts of infringement to be determined by an

accounting, and subject to proof at trial. Defendants have been on actual notice

of the ’656 Application since June 6, 2008, if not earlier.

WHEREFORE, Plaintiff Yigal Mesika demands judgment against

Defendants, as follows:

A. For an order preliminarily and permanently enjoining Sean Bogunia,

Rebecca Bogunia, and Sean Bogunia’s Ultimate Magic Productions LLC (and its

partners, members, officers, directors, agents, servants, attorneys, and

employees), and all other persons acting in concert with them, from committing

any further acts of infringement, including but not limited to, making, using,

importing, offering to sell, and selling the accused products, or aiding or abetting

or assisting others in such infringing activities;

B. For an order directing Defendants to file with this Court and to serve

on the Plaintiff within thirty (30) days after service on Defendants of the

injunction granted herein, or such extended period as the Court may direct, a

report in writing, under oath, setting forth in detail the manner and form in which

Defendants have fully complied with the injunction and order of the Court;


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C. For an order seizing and impounding all accused products;

D. For a judgment to be entered for Plaintiff against Defendants in an

amount equal to Plaintiff’s lost profits, and/or the profits Defendant made, in

connection with Defendants’ sales of products that infringe the ‘609 Patent (and

any patent issuing from the ‘656 Application), or in the alternative, a reasonable

royalty, pursuant to 35 U.S.C. §§ 284 and/or 289, and according to proof at trial;

E. For a judgment to be entered for Plaintiff and against Defendants for

a reasonable royalty for Defendants’ pre-issuance infringements based on the ‘656

Application, if applicable;

F. For a judgment awarding to Plaintiff prejudgment and postjudgment

interest until the award is fully paid;

G. For a judgment that Defendant has willfully and deliberately

infringed Plaintiff’s patent rights, such that Plaintiff is entitled to enhanced

damages under the Patent Laws of the United States;

H. For an award of costs, including attorneys’ fees, incurred in bringing

this action; and,

///

///

///


Exhibit 1


Sean Bogunia's iThread Your personal programmable invisible thread controller

Ever since Ron Jaxon and I released a video on youtube showing our new personal programmable invisible thread system which we call iThread. We have had about a hundred e-mails with questions concerning this new product. Trust me we are as excited as you are about this one. Ron and I have been working on this concept for several years. It wasn't until recently that I was happy with the technology to move forward with this product.

The iThread controller has what we like to call perfect tension technology. This is a first when it

Sean's Bogunia's iThread

Due to the popularity of this item,

there is approximately a 3 week delay in shipping

this item

iThread Price:$349.00

USB Board Price:$49.95

Home Magic Products About Sean Custom Projects Contact Shipping Policy Join Mailing List [Close This Box]

Page 1 of 4Sean Bogunia - Programmable Thread System (PTS)

2/19/2009http://www.sbultimate.com/ithread.shtmlExhibit 1 Page 14


comes to electronic invisible thread reels. You ask what is perfect tension technology? In a nutshell this means normally when you are using electronic invisible thread reels the biggest drawback is the batteries they use. Some of them use AAA batteries and there's a few out there that use watch style batteries. The drawback to this is your thread tension always changes depending on battery life. If you put a fresh battery in your unit it will work very well for a little time and then slowly as the battery begins to drain its power. The tension changes and becomes much weaker. Dramatically affecting your invisible thread animations. With perfect tension technology this problem has been eliminated. We have built-in a power regulator that insures that the motor always gets the same power. Meaning that your thread tension will always be perfect regardless of battery life. This is quantum leaps ahead of all electronic invisible thread reels.

We didn't stop there though. In 2004 ultimate magic productions released PTS. Sean Bogunia'sprogrammable thread system. For the first time in the history of thread animations formagicians. The magician could now program in animations in real time right on the PTS unit with no need for a computer. To create floating and animation effects such as the dancing hankie (my favorite :) ), animated paper or artificial butterflies that seem to come to life and animate like a real butterfly, and many other classic thread animated magician effects. Our programmable thread system was the first of its kind in our industry. And now we have built that same technology into our iThread personal programmable invisible thread system.

And I have hired one of the top invisible thread workers in the world today Ron Jaxon to overseeevery aspect of this project from design to instructions so we are very confident that you will be very happy with your personal programmable invisible thread system. We guarantee it!!

Here are the key features

1. Perfect tension technology.

2. It uses two AAA batteries (for the longest battery life of any invisible electronic thread reel on the market today)

3. iThread can be used just like a standard electronic invisible thread reel (without the tension loss)

4. iThread is completely programmable exactly like PTS. Complete with programmable speed control, the ability to program when the motor turns on and off with variable speed playback in program. Your personal programmable thread system is extremelyeasy to program. If you can push a button and turn a knob then you can program iThread.

5. We have also built-in a USB connection. Your unit ships with the exclusive ultimate magic software that enables you to download programs from our website and load theminto your iThread controller without ever having to program it yourself. The exclusiveultimate magic software also enables you to save programs that you make and save them on your computer for later use. Another first in the industry!!! And with time permitting you can contact Sean Bogunia to possibly make a custom program for you and he will e-mail it to you to load it into your unit for truly downloadable magic!!!! Wow that's pretty cool!!!! Note: To keep costs down the USB connection board will be sold seperately.

6. iThread comes complete with an RF keychain style remote that gives you two functions the ability to activate the program at any time in your routine. It also gives you the ability to start and stop your programs. Basically a pause function (exactly like PTS). But wait there's more!! The remote also enables you to work the motor live. Press the button and the motor activates as long as you hold the button.

7. iThread can be worn on the body or hidden somewhere a way from the magician to create animations with out ever being connected to the system at all. This enables youto create effects and animations never before possible with invisible thread!!!

8. Multiple iThread units can be connected together to create three-dimensional and two-dimensional animations, again exactly like PTS . Imagine causing a dollar bill or anyother light object to fly all over the room in a three-dimensional pattern or two-dimensional pattern without any connection to the magician at all!!! And without the need to worry about special backdrops.

iThread and USB Board Price:$388.95

Save $10

Sean's Bogunia's iThread Accessories

iThread Replacement Spool (empty) Price:$9.99

2 Stripped Kevlar Thread Refills for iThread (50 feet of stripped thread each) Price: $9.99

Card of 50 feet unstripped Kevlar Price:$6.99




9. When our first prototype was done we contacted James George. The inventor of the ITR™. We Asked him to recommend an invisible thread that was strong and reliable. He immediately recommended his Kevlar invisible thread which in my opinion is the best thread that I have ever tested so all iThread units will ship with Kevlar invisible thread from James George. The inventor of the ITR™.

10. iThread has two very unique features built into it. The user has the ability to adjust the maximum speed of the motor. This is crucial when working with invisible thread. The other feature is the ability to adjust the maximum torque so you're iThread unit can be used with different types of invisible thread. From the strong stuff to the very weak Woolly Nylon. So far all of the videos demos that Ron and I have released have used woolly nylon. In a nutshell iThread does not have the ability to break the thread. The only time the thread breaks is when the user brakes it....

Coming Soon!

Looking for something simpler? iThreadX is does everything that the regular iThread does eXcept that it is not programmable! Check out the chart below to see the differences.

iThreadX is a great alternative if you want to try out the great benefits of the iThread at a lower price!

iThread Upgrades

Will I be able to upgrade my iThreadX to the programmable iThread? Yes you can! You can order the upgrade at the right side of this page. Just send your iThreadXback to me, order the upgrade and you will be able to get the programmable version. Please ship your iThreadX to this address:

If shipping by UPS, please send to:

iThread iThreadX

Perfect Tension Technology The thread tension is always the same regardless of battery life

RF Remote Activation

Super Long Battery Life Long battery life of any Invisible thread controller on the market today?

Come with Kevlar Invisible Thread We give you a crap load!

Precision Speed Control

Prorammable Create animaitons never before possible with Invisible Thread!

USB connection for saving programs to PC (USB sold separately)




Sean Bogunia 4716 Niles-Buchanan Road Buchanan, MI 49107 269-697-4013

If shipping by US Postal Service or outside the USA, please send to:

Sean Bogunia PO Box 215 Niles, MI 49120 USA 269-697-4013

If you have any questions about iThread, iThreadX, or the upgrade, please contact me at 1-800-766-8187 or 269-697-4013 . Or E-Mail us a question and I will get back to you as soon as possible!

-Sean Bogunia Inventor of programmable thread for magicians

iThreadX will be available March 1 Pre-Order Now and receive 2 free pre-stripped invisible thread refills! (Offer ends February 28!)

iThreadX is only $179.99

iThreadX Upgrade Upgrade your iThreadX to include programmability!!

iThreadX upgrade Only $169

(Your iThreadX must be sent back to us for the upgrade)

Copyright © 2007 seanbogunia.com. All Rights Reserved.




Contact Sean Bogunia and Ultimate Magic Productions.

Please tell us what you think about our web site, company, products, or services. If you provide us with your contact information, we will be able to reach you in case we have any questions.

Ultimate Magic Productions, LLC Ultimate Magic Productions, LLC PO Box 215 Niles, MI 49120 USA

Tel. 1-800-766-8187 or

Tel. & Fax (269) 697-4013

If mailing by UPS, DHL or FedEx, please use this address:

Ultimate Magic Productions, LLC 4716 Niles-Buchanan Road Buchanan, MI 49107 USA

When sending a check or money order, please make it payable to SEAN BOGUNIA.

Email us at: [email protected]


Home Magic Products About Sean Custom Projects Contact Shipping Policy Join Mailing List

Page 1 of 1Sean Bogunia - Contact Information

2/19/2009http://www.sbultimate.com/contact.shtmlExhibit 1 Page 18


Our Shipping Policy:

Orders are normally shipped within 1 or 2 business days after you place your order. If there will be a longer delay, we will contact you.

Orders to be shipped within the UNITED STATES: We normally ship by US Postal Service Priority Mail. If you need your item faster, NEXT DAY shipping is available for an extra charge.

Orders to be shipped outside of the UNITED STATES OR CANADA: We normally ship by US Postal Service Express Mail or Global Priority Mail. We cannot guarantee the arrival date of your item due to delays in customs. If you need your item faster, you may want to use UPS. The cost of UPS is usually much higher than the US Postal Service Express Mail, but you will receive your item faster. Please contact us for a price quote if you need this service.

Returns: As you know, magic effects often contain a "secret" that cannot be taken back once it is known! Because of this, most magic dealers do not allow returns. However, when a situation arises when a return is allowed, we may charge a fee for the "secret" knowledge that remains with you. We will also charge for any shipping or customs fees that may be involved in the return. Be sure to ask about these costs before you send your item back to us.

If you have any questions about shipping charges or would like to know an approximate amount of your shipping charges, please contact us at: [email protected]



Page 1 of 1Sean Bogunia - Shipping Policy

2/19/2009http://www.sbultimate.com/shipping.shtmlExhibit 1 Page 19


About Sean and his team

Sean Bogunia is not your regular 'Joe'. In fact, he's not only a talented electrician, but also a natural when it comes to magic. Sean has performed at corporate events, multiple theaters world-wide, and most major magic conventions (and some not so major ones too)with his Hanky Act.

Sean has even traveled across the oceans to teach his technological creations to foreign magicians. Currently, Sean has been working ona way to animate any light object, in a 4-D fashion, using his Programmable Thread System.

Sean also loves astronomy. Ever since he was a small child, helooked toward the moon and aimed for the stars. Recently, Sean has been taking pictures of his night visions.

Sean's Favorite Magicians of all time...

1. Robert Houdin 2. Cyril Takayama 3. Houdini 4. Doug Henning 5. David Copperfield 6. Marshall Brodien 7. Albert Goshman


Page 1 of 2Sean Bogunia - About Sean Bogunia and his team

2/19/2009http://www.sbultimate.com/aboutsean.shtmlExhibit 1 Page 20


8. Paul Harris 9. Anthony Reed

10. Mike Powers 11. Lance Burton 12. Johnny Carson 13. Jeff McBride 14. David Blaine 15. Dick Stoner 16. Kevin James 17. Ron Jaxon 18. Murray Hatfield &Teresa ( Canada's Copperfield) 19. Don Jones

Links to other magic sites

Links

Magic Cafe UFO Case Book

Larry Jennings Website Magic Times

Magic Magazine Genii Magazine

Jeff McBride MUM Magazine Skeptic Society

David Copperfield Ron Jackson Dick Stoner Mike Powers

The Magic of Dexter Peter Loughran

Magicvideolibrary.com Ron Jaxon

Products | About Sean | Custom Projects | Contact | Shipping Policy | Mailing List | Video Demo's


Page 2 of 2Sean Bogunia - About Sean Bogunia and his team

2/19/2009http://www.sbultimate.com/aboutsean.shtmlExhibit 1 Page 21


Many of us have had great ideas that we just can't seem to get off the ground! We specialize in making your ideas become reality! Sean hasconsulted and manufactured many custom projects for several leading magicians and he can help you too! You will be surprised at how fast most projects can be completed and you will also be pleased with our very competitive pricing!

Click here to email Sean with your custom project

To start your custom project, please click on the link above to send us an email. Please include your name, telephone number and your idea! Be as specific as you can! Include pictures or drawings if you would like. Sean Bogunia will review your idea and contact you ASAP!

You can rest assured that your project ideas will be kept in strict confidence!



Page 1 of 1Sean Bogunia - Custom Projects

2/19/2009http://www.sbultimate.com/customprojects.shtmlExhibit 1 Page 22


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Exhibit 10


From: Rebecca Bogunia <[email protected]> Date: February 11, 2009 6:19:22 PM PST To: [email protected] Subject: X-Citing News from Sean Bogunia's Ultimate Magic!

I just wanted to pass on some very X-citing news from Ultimate Magic Productions!! We are introducing a new product! It's a new version of our very popular iThread invisible thread controller! We are calling it iThreadX. It does everything our original iThread does X-cept that it's not programmable! Check out the chart below to see the differences between the two:

We have been getting some phenomenal feedback when it comes to iThread! Here's a comment we just received from Jeff in Frankfort, Kentucky "Amazing, this is what I have been wanting to do with IT (invisible thread) for over 15 years!" Here's another one from Rudy in Santa Fe Springs, California "Your iThread is wonderful, I have been up all night practicing and I love it! " The feedback has been just terrific! We want to thank all of our customers who take the time to let us know how much they love our products! iThreadX will be coming out very soon and will sell for $179.99. iThreadX will only be available through

Exhibit 10 Page 58


Ultimate Magic Productions. iThreadX is a great alternative for those thread workers who want to try out the wonderful features of iThread at a great price! Also, upgrades will be available if you decide to add programmability to your iThreadX! Find out more about iThread and iThreadX here: http://www.sbultimate.com/ithread.shtml We also have some big news when it comes to our immensely popular Programmable Thread System (PTS)! The PTS, first released in 2004, was magic world's first ProgrammableThread System. Some of the greatest magicians on the planet are now using my PTS to create animations on stage and over the heads of their audience without off stage assistants! Believe it or not, we will now have a new version PTS available for $1000 less!!!! Yes, you heard me right!! This new version PTS will now sell for $1499.00!!!. PTS comes complete with DVD instructions, and everything you need to create very magical and unique animations. You may ask, why are we slashing the price? Well, due to some new manufacturing capabilities and by streamlining the PTS to better serve the performer, we have been able to cut the costs! So instead of keeping the price at the same level, we have decided to pass the savings on to our valued customers!! This new version gives you everything you love best about the PTS....at a price you can't resist!!! We are now entering our 10th year in business and this is our way of thanking our customers for supporting our company!! For more information on the PTS and what it can do for you, here is a link: http://sbultimate.com/PTS.shtml Lastly, my good buddy Ron Jaxon, who is also my web guy, has created the Ultimate Magic Forum. Up until now, the forum has been mainly about iThread. Ron and I have posted several ideas for your iThread along with other users. Now, we would like to open the forum up to everyone to discuss and ask questions about all of our products! We would like to invite our customers to sign up so we can discuss the products and exchange ideas! And if you have any questions feel free to post them! We will get back to you as soon as we can! Thank you for taking the time to read this newsletter, and we hope that you have a great 2009! Sincerely, Sean Bogunia

This message was sent from Rebecca Bogunia to [email protected]. It was sent from: Sean Bogunia's Ultimate Magic Productions, LLC, 4716 Niles-Buchanan Road, Buchanan, Mi 49107. You can modify/update your subscription via the link below.

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Exhibit 10 Page 59


UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judge John F. Walter and the assigned discoveryMagistrate Judge is Suzanne H. Segal.

The case number on all documents filed with the Court should read as follows:

CV09- 1580 JPW (SSx)

Pursuant to General Order 05-07 of the United States District Court for the CentralDistrict of California, the Magistrate Judge has been designated to hear discovery relatedmotions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge

NOTICE TO COUNSEL

A copy of this notice must be served with the summons and complaint on all defendants (if a removal action isfiled, a copy of this notice must be served on all plaintiffs).

Subsequent documents must be filed at the following location:

[Xl Western Division312 N. Spring St., Rm. G-8Los Angeles, CA 90012

U Southern Division U411 West Fourth St., Rm. 1-053Santa Ana, CA 92701-4516

Eastern Division3470 Twelfth St., Rm. 134Riverside, CA 92501

Failure to file at the proper location will result in your documents being returned to you.

CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY


UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

YIGAL MESlKA,·an individual,

PLAINTIFF(S)

v.

SEAN BOGUNIA, an individual, REBECCA BOGUNIA, an

individual, and SEAN BOGUNIA'S ULTIMATE MAGICPRODUCTIONS, LLC, a Michigan limited liability company,and DOES 1-9, inclusive,

DEFENDANT(S).

CASE NUMBER

CV09-1580 JtP\J"j

SUMMONS

; :,; /)--.., ~/

TO: DEFEND~T~):~A~s~n=am=e~d~a~b~~~e~,~~~~~~~_

A lawsuit has been filed against you.

Within 20 days after service of this summons on you (not counting the day you received it), youmust serve on the plaintiff an answer to the attached Iicomplaint D amended complaintD counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answeror motion must be served on the plaintiffs attorney, Daniel M. Cislo, Esq. , whose address isCislo & Thomas LLP, 1333 2nd Street, Suite 500, Santa Monica, CA 90401 . If you fail to do so,

judgment by default will be entered against you for the relief demanded in the complaint. You also must fileyour answer or motion with the court.

Clerk, U.S. District Court

MAR - 6 2009Dated: _

CV-OIA (12/07)

NATALIE LONGORIABy: ..;.......;;... _

lJJ~~rJl the United States. Allowed

1198

SUMMONS


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

I (a) PLAINTIFFS (Check box jfyou are representing yourself0)

YIGAL MESlKA, an individual

(b) County of Residence ofFirst Listed Plaintiff(Except in U.S. PlaintiffCases):Los Angeles

DEFENDANTS

SEAN BOGUNIA, an individual, REBECCA BOGUNIA, an individual, andSEAN BOGUNIA'S ULTIMATE MAGIC PRODUCTIONS, LLC, a Michiganlimited liability company, and DOES 1-9, inclusive

County ofResidence ofFirst Listed Defendant (In U.S. PlaintiffCases Only):Berrien, Michigan

(c) Attorneys (Firm Name, Address and Telephone Number. Ifyou are representingyourself: provide same.)

Cislo & Thomas LLP1333 2nd Street, Suite 500. Santa Monica, CA 90401310-451-0647

Attorneys (IfKnown)

II. BASIS OF JuRISDICTION (Place an X in one box only.) III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only(Place an Xin one box for plaintiffand one for defendant.)

o 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship Citizen ofAnother StateofParties in Item III)

o 1U.S. Government Plaintiff rif3 Federal Question (U.S.Government Not a Party) Citizen ofThis State

PTF DEF PTF DEF01 01 Incorporated or Principal Place 04 04

of Business in this State

02 02 Incorporated and Principal Place 05 05of Business in Another State

Citizen or Subject ofa Foreign Country 03 03 Foreign Nation 06 06

IV. ORIGIN (Place an X in one box only.)

lifl Original 02 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from another district (specify): 0 6 Multi-Proceeding State Court Appellate Court Reopened District

Litigation

o 1 Appeal to DistrictJudge fromMagistrate Judge

V. REQUESTED IN COMPLAINT: JURY DEMAND: ~Yes 0 No (Check 'Yes' only ifdemanded in complaint.)

CLASS ACTION under F.R.C.P. 23: 0 Yes lifNo [i(MONEY DEMANDED IN COMPLAINT: $ Proof at trial

VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a briefstatement ofcause. Do not cite jurisdictional statutes unless diversity.)35 U.S.C. § 101 et seq.

VII. NATURE OF SUIT (Place an X in one box only.)

~ ." ....o 400 State Reapportionment0410 Antitrust0430 Banks and Bankingo 450 Commercel1CC

Rates/etc.o 460 Deportationo 470 Racketeer Influenced

and Corrupt. Organizations

o 480 Consumer Credit0490 Cable/Sat TVo 810 Selective Serviceo 850 Securities/Commodities

/Exchangeo 875 Customer Challenge 12

USC 34100890 Other Statutory Actions0891 Agricultural Acto 892 Economic Stabilization

Act0893 Environmental Matterso 894 Energy Allocation Acto 895 Freedom of Info. Acto 900 Appeal ofFee Detenni

nation Under EqualAccess to Justice

0950 Constitutionality ofState Statutes

o 110 Insuranceo 120 Marineo 130 Miller Acto 140 Negotiable Instrumento 150 Recovery of

Overpayment &Enforcement ofJudgment

o 151 Medicare Acto 152 Recovery of Defaulted

Student Loan (Excl.Veterans)

o 153 Recovery ofOverpayment ofVeteran's Benefits

o 160 Stockholders' Suitso 190 Other Contracto 195 Contract Product

Liabilityo 196 Franchise

o 210 Land Condemnationo 220 Foreclosureo 230 Rent Lease & Ejectmento 240 Torts to Lando 245 Tort Product Liabilityo 290 All Other Real Property

No 0 Yes

caseNumber:__Cl=O9-15 8C-·VIII(a). IDENTICAL CASES: Has this action been previously tiled and dismissed, remanded or closed?

Ifyes, list case number(s):

FOR OFFICE USE ONLY:

CV-71 (07/05) CIVIL COVER SHEET Page I of2


UNITED STAT'ES DISTRICT CO'URT, CE'NTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

AFTER COMPLETING THE FRONT SIDE OF FORM CV-71 , COMPLETE THI£ INFORMATION REQUESTED BELO\V.

VIII(b). RELATED CASES: Have any cases been previously filed that are relnted to the present case? l\fNo 0 Yes

Ifyes1

list case number(s): _

Civil C'lses are deemed related if a previously filed case ~lnd the present ease:

(Check all boxes that apply) 0 A. Arise from the same or closely related transactions) happenings, or events; or

DB. Call for detennination of the same or substantially related or similar questions of law and fact; or

DC. For other reasons 'would entail substantial duplication of labor ifheard by ditTerentJudges; or

o D. Involve the same patent~ trademark or copyright, ill19. one of the factors identitied above in a, b or c also is present.

IX. VENUE: List the California County, or State ifother than Califonlia,in which EACfI. named plaintiffresides (Use an additional sheet ifnecessary)o Check here if the U.S. govemment, its agencies or employees is a named plaintiff.

Yigal Mesika - Los Angeles

List the California County, or State ifother than California, in \vhich EACH named defendant resides. (Use an additional sheet ifnecessary).o Check here if the U.S. government, its agencies or employees is a named defendant.

Sean Bogunia - MichiganRebecca Bogunia - MichiganSean Boguniats Ultitnate Magic Productions, LL~ - Michigan

List the C:tliforniu County, or State ifother than California, in which EACH claim arose. (Use an additional sheet ifnecessary)Note: In land condemnation cases, use the location of the tract of land involved.

Los Angeles

Date "3 - ~- eJiNotice to CounsellParties: The CV-71 (JS-44) Civi ver Sheet and the information contained herein neither replace nor supplement the filing and service ofpleadingsor other papers as required by law. This tllrm, appro by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is notfiled but is llsed by the Clerk ofthe Court for the purpose ofstatistics, venue nnd initiating the civil docket sheet. (For more detailed instructions, see separate instructionssheet.)

Key to Statistical codes relating to Social Security Cases:

Nature of Suit Code .Abbreviation

861 HIA

~2 BL

863 DIWC

863 DIWW

864 SSID

865 RSI

Substantive Statement or Cnuse of Action

An claims for health insurance benetits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under theprogram. (42 U.S.C. 1935FF(b)

All claims for "Black LungU benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969.(30 U.S.C. 923)

All claims tiled by insured workers for disability insurance benefits under Title 2 ofthe Social Security A.ct, asnmended~ plus all claims tiled tor child's insurance benetits based on disability. (42 U.S.C. 405(g))

All claims filed for widows or widowers insurance bene'fits based on disability under Title 2 of the Social SecurityAct, as amended. (42 U.S.C. 405(g»

All claims for supplemental security income payments based upon disability tiled under TitJe 16 of the SocialSecurity Act, as amended.

All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act~ as amended. (42U.S.C. (g»

CV-71 (07/05) CIVIL COVER SHEET Page 2 of2


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