25 FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - page 2 Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S. Syked ECU Tuning Incorporated is a corporation existing under the laws of 24 Washington with its principal places of business in Puyallup, Washington. John Martinson is a resident of Washington and an officer of Syked ECU Tuning 21 Incorporated. Kevin Sykes-Bonnett is a resident of Washington and is the President of Syked 19 ECU Tuning Incorporated. None of HPT's members reside in this judicial district. HPT is a Nevada limited liability company with its principal place of business in 17 Buffalo Grove, Illinois. (vii) breach of contract and (viii) 14 tortious interference with prospective economic relations. (v) unfair competition under the Washington Consumer 12 Protection Act, RCW 19.86.020 (vi) unfair competition under the Illinois Consumer Fraud and 13 Deceptive Business Practices Act, 815 ILCS 505/1 et. (iii) misappropriation of trade secrets arising under the 9 Washington Uniform Trade Secrets Act, RCW 19.108 (iv) violation of the Illinois Trade Secrets 10 11 Act, 765 ILCS 1065/1 et. §1030 (ii) violation of the Defend Trade Secrets 8 Act ("DTSA"), 18 U.S.C. This is an action against Defendants for: (i) violation of the Computer Fraud and 7 Abuse Act ("CFAA") arising under 18 U.S.C. Sykes-Bonnett and Martinson, acting individually and on behalf of Syked ECU 4 Tuning Incorporated, wrongfully obtained and possesses HPT's confidential and proprietary 5 source code, and has misappropriated HPT's trade secrets and proprietary information.
Over the years, HPT has carefully guarded its proprietary products and source 2 code in order to protect its trade secrets, specifications and software. FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - page 1 Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S.
At substantial expense, hard work and ingenuity over the course of many years 24 and thousands of man hours, HPT has developed complete, cost effective tuning and data 25 acquisition solutions for automobile enthusiasts and professional shops. In support thereof, HPT states as follows: 21 NATURE OF THE ACTION 22 23 1.
3:17-cv-05760-BHS) 10 Plaintiff,) FIRST AMENDED COMPLAINT FOR) INJUNCTIVE RELIEF AND DAMAGES 11 vs.)) JURY TRIAL DEMANDED 12 KEVIN SYKES-BONNETT,) SYKED ECU TUNING INCORPORATED,) 13 a Washington corporation, and JOHN) MARTINSON,) 14) Defendants.) 15 16 Plaintiffs HP TUNERS, LLC, a Nevada limited liability company ("HPT"), by its 17 attorneys, for its Complaint for Injunctive Relief ("Complaint") against Defendants KEVIN 18 SYKES-BONNETT ("Sykes-Bonnett"), JOHN MARTINSON ("Martinson") and SYKED ECU 19 TUNING INCORPORATED ("Syked") (collectively, Sykes-Bonnett, Martinson and Syked are 20 referred to herein as "Defendants"). SETTLE 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT TACOMA 8 HP TUNERS, LLC, a Nevada limited) 9 liability company,) CASE NO. Please check out the last photo in the photo section to see an example of a broken connector ecu that we are offering for a discount.5 EXHIBIT A Case Case 3:20-cv-05973 Document 3:17-cv-05760-BHS 1-135Filed Document 10/01/20 Filed 05/08/18 of 9 1 of 1 HONORABLE BENJAMIN H. These ECU's are still perfectly functioning, however they are not in perfect condition. We offer below an option for Connector Condition, what this means, is that we are offering ECU's with damaged electrical connectors for a discount.