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`RUSS AUGUST & KABAT
`Brian Ledahl (CA SB No. 186579)
`Neil A. Rubin (CA SB No. 250761)
`Jacob Buczko (CA SB No. 269408)
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`Telephone: 310-826-7474
`Facsimile: 310-826-6991
`E-mail: bledahl@raklaw.com
`E-mail: nrubin@raklaw.com
`E-mail: jbuczko@raklaw.com
`
`Attorneys for Plaintiff Document Security Systems, Inc.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`
`
`DOCUMENT SECURITY SYSTEMS,
`INC.,
`
`
`
`v.
`
`CREE, INC.,
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`Civil Action No. 2:17-cv-04263
`
`
`JURY TRIAL DEMANDED
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`This is an action for patent infringement arising under the Patent Laws of the
`
`United States of America, 35 U.S.C. § 1 et seq. in which Document Security Systems,
`Inc. (“DSS” or “Plaintiff”) makes the following allegations against Defendant Cree,
`Inc. (“Cree” or “Defendant”).
`
`PARTIES
`1. Document Security Systems, Inc. is a publicly-traded New York
`corporation. Founded in 1984, DSS is a global leader in brand protection, digital
`security solutions and anti-counterfeiting technologies.
`2. In November 2016, DSS acquired a portfolio of patents covering
`technologies used in Light-Emitting Diode (“LED”) lighting products, including the
`COMPLAINT FOR PATENT INFRINGEMENT
`1
`Case No. 2:17-cv-04263
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`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 2 of 16 Page ID #:2
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`patents-in-suit. The patents in this portfolio were originally assigned to Agilent
`Technologies, Inc. and/or the successors of its LED business. Since its recent
`acquisition of these patents, DSS has worked to expand its business efforts regarding
`LED technology. DSS is pursuing both licensing and commercialization of this
`technology acquisition, and is establishing those activities within its Plano location.
`3. On information and belief, Cree, Inc. is a North Carolina corporation with its
`principal place of business at 4600 Silicon Drive, Durham, North Carolina 27703-
`8475. Defendant Cree, Inc. can be served through its registered agent, CT
`Corporation System, 818 W 7th St. Suite 930, Los Angeles, CA 90017.
`JURISDICTION AND VENUE
`4. This action arises under the patent laws of the United States, Title 35 of the
`United States Code. Accordingly, this Court has subject matter jurisdiction under 28
`U.S.C. §§ 1331 and 1338(a).
`5. This Court has personal jurisdiction over Defendant in this action because,
`among other reasons, Defendant has committed acts within the Central District of
`California giving rise to this action and has established minimum contacts with the
`forum state of California. Defendant directly and/or through subsidiaries or
`intermediaries (including distributors, retailers, and others), has committed and
`continues to commit acts of infringement in this District by, among other things,
`making, using, importing, offering for sale, and/or selling products and/or services
`that infringe the patents-in-suit. Thus, Defendant purposefully availed itself of the
`benefits of doing business in the State of California and the exercise of jurisdiction
`over Defendant would not offend traditional notions of fair play and substantial
`justice. Cree is registered to do business in the State of California, and has an office
`and regular and established place of business at 340 Storke Road, Goleta, California
`93117.
`6. Venue is proper in this District under 28 U.S.C. §§ 1391 (b)-(c) and 1400(b)
`because Defendant has a regular and established place of business in this District and
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:17-cv-04263
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`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 3 of 16 Page ID #:3
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`has committed acts of patent infringement in this District. Defendant, for example,
`has a regular and established place of business at 340 Storke Road, Goleta, California
`93117.
`
`BACKGROUND
`7. DSS is the owner by assignment of United States Patent No. 6,949,771 (“the
`’771 Patent”) entitled “Light Source.” The ’771 Patent was duly and legally issued by
`the United States Patent and Trademark Office on September 27, 2005. A true and
`correct copy of the ’771 Patent is included as Exhibit A.
`8. DSS is the owner by assignment of United States Patent No. 7,256,486 (“the
`’486 Patent”) entitled “Packing Device for Semiconductor Die, Semiconductor Device
`Incorporating Same and Method of Making Same.” The ’486 Patent was duly and
`legally issued by the United States Patent and Trademark Office on August 14, 2007.
`A true and correct copy of the ’486 Patent is included as Exhibit B.
`9. DSS is the owner by assignment of United States Patent No. 7,279,355 (“the
`’355 Patent”) entitled “Method for Fabricating a Packing Device for Semiconductor
`Die and Semiconductor Device Incorporating Same.” The ’355 Patent was duly and
`legally issued by the United States Patent and Trademark Office on October 9, 2007.
`A true and correct copy of the ’355 Patent is included as Exhibit C.
`10. DSS is the owner by assignment of United States Patent No. 7,524,087
`(“the ’087 Patent”) entitled “Optical Device.” The ’087 Patent was duly and legally
`issued by the United States Patent and Trademark Office on April 28, 2009. A true
`and correct copy of the ’087 Patent is included as Exhibit D.
`11. DSS is the owner by assignment of United States Patent No. 7,919,787
`(“the ’787 Patent”) entitled “Semiconductor Device with a Light Emitting
`Semiconductor Die.” The ’787 Patent was duly and legally issued by the United
`States Patent and Trademark Office on April 5, 2011. A true and correct copy of the
`’787 Patent is included as Exhibit E.
`12. DSS owns all rights, title, and interest in and to the ’771, ’486, ’355,
`COMPLAINT FOR PATENT INFRINGEMENT
`3
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`’087, and ’787 Patents (collectively, “asserted patents” or “patents-in-suit”), including
`all rights to sue and recover for past and future infringement.
`COUNT I
`INFRINGEMENT OF THE ’771 PATENT
`13. DSS references and incorporates by reference paragraphs 1 through 11 of
`this Complaint.
`14. On information and belief, Defendant makes, uses, offers for sale, sells,
`and/or imports in the United States products and/or services that infringe various
`claims of the ’771 Patent, and continues to do so. By way of illustrative example,
`Defendant’s infringing products include without limitation, all versions and variations,
`including predecessor and successor models, of its XLamp ML-B, XLamp ML-C,
`XLamp ML-E, Xlamp MX-3S, XLamp XR-C, XLamp XR-E, XLamp MC-E, CLM1
`Series Color, CLM2 Series, CLM3 Series Color, CLM4 Series, CLP6 Series White,
`CLP6 Series Color, SMD Full Color, SMD Full Color Side-View, XLamp CX
`Family, and XLamp XB-D Family LED products. Defendant’s infringing products
`also include products, e.g., light bulbs, displays and fixtures that contain at least one
`infringing LED product. Defendant’s infringing products are collectively referred to
`hereinafter as “’771 Accused Instrumentalities.”
`15. On information and belief, Defendant has directly infringed and
`continues to directly infringe the ’771 Patent by, among other things, making, using,
`offering for sale, selling, and/or importing the ’771 Accused Instrumentalities. On
`information and belief, such products and/or services are covered by one or more
`claims of the ’771 Patent’s including at least claims 1 through 8 because they contain
`each element of those claims.
`16. By making, using, offering for sale, selling, and/or importing the ’771
`Accused Instrumentalities infringing the ’771 Patent, Defendant has injured DSS and
`is liable to DSS for infringement of the ’771 Patent pursuant to 35 U.S.C. § 271(a)
`directly and/or under the doctrine of equivalents.
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:17-cv-04263
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`4
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`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 5 of 16 Page ID #:5
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`17.
`In addition, Defendant is actively inducing others, such as its affiliates,
`customers, and end users of Accused Instrumentalities, services based thereupon, and
`related products and/or processes, to directly infringe—and/or to combine outside of
`the United States in a manner that would infringe if such combination occurred within
`the United States—each and every claim limitation, including without limitation
`claims 1 through 8 of the ’771 Patent, in violation of 35 U.S.C. §§ 271(b) and/or
`271(f). Upon information and belief, Defendant’s customers and/or end users have
`directly infringed and are directly infringing—and/or combining outside of the United
`States in a manner that would infringe if such combination occurred within the United
`States—each and every claim limitation, including without limitation claims 1 through
`8 of the ’771 Patent. Defendant has had actual knowledge of the ’771 Patent at least
`as of service of this Complaint. Defendant is knowingly inducing its customers and/or
`end users to directly infringe—and/or to combine outside of the United States in a
`manner that would infringe if such combination occurred within the United States—
`the ’771 Patent, with the specific intent to encourage such infringement, and knowing
`that the induced acts constitute patent infringement. Defendant’s inducement
`includes, for example, providing technical guides, product data sheets,
`demonstrations, software and hardware specifications, installation guides, and other
`forms of support that induce its customers and/or end users to directly infringe—
`and/or to combine outside of the United States in a manner that would infringe if such
`combination occurred within the United States—the ’771 Patent. The ’771 Accused
`Instrumentalities are designed in such a way that when they are used for their intended
`purpose, the user infringes the ’771 Patent. Defendant knows and intends that
`customers that purchase the ’771 Accused Instrumentalities will use those products for
`their intended purpose.
`18. Defendant has been aware of the ’771 Patent and of its infringement as of
`a date no later than the date it was served with this Complaint in this action. To the
`extent facts learned in discovery show that Defendant’s infringement of the ’771
`COMPLAINT FOR PATENT INFRINGEMENT
`
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`Case No. 2:17-cv-04263
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`5
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`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 6 of 16 Page ID #:6
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`Patent is or has been willful, or to the extent that Defendant’s actions subsequent to
`the filing of this Complaint—such as it behavior as a litigant or its failure to take
`remedial actions—render its infringement egregious, DSS reserves the right to request
`such a finding at time of trial.
`19. As a result of Defendant’s infringement of the ’771 Patent, DSS has
`suffered monetary damages in an amount adequate to compensate for Defendant’s
`infringement, but in no event less than a reasonable royalty for the use made of the
`invention by Defendant, together with interest and costs as fixed by the Court.
`COUNT II
`INFRINGEMENT OF THE ’486 PATENT
`20. DSS references and incorporates by reference paragraphs 1 through 19 of
`this Complaint.
`21. On information and belief, Defendant makes, uses, offers for sale, sells,
`and/or imports in the United States products and/or services that infringe various
`claims of the ’486 Patent, and continues to do so. By way of illustrative example,
`Defendant’s infringing products include without limitation, all versions and variations,
`including predecessor and successor models, of its “XLamp” line of LEDs, including
`the XP-G2, XB-D, XB-H, XH-B, XH-G, XHP35, XHP35 HI, XM-L, XM-L HV, XM-
`L2, XP-C, XP-E, XP-E HE, XP-E2, XP-E2 Torch, XP-G, XP-G2, XP-G3, XP-L, XP-
`L HI, XP-l2, XQ-A, XQ-B, XQ-D, XQ-E, XQ-E HI, XR-C, XR-E, XT-E HV, XT-E
`Royal Blue, XT-E White, MHB-A, MHB-B, MHD-E, MHD-G, MK-R, MK-R2, MT-
`G EasyWhite, MT-G2 EasyWhite, XHP50, XHP50.2, XHP70, XHP70.2, XM-L
`Color, XM-L EasyWhite, XM-L2 EasyWhite LED products and Daylight bulbs.
`Defendant’s infringing products also include products, e.g., light bulbs, displays and
`fixtures that contain at least one infringing LED product. Defendant’s infringing
`products are collectively referred to hereinafter as “’486 Accused Instrumentalities.”
`22. On information and belief, Defendant has directly infringed and
`continues to directly infringe the ’486 Patent by, among other things, making, using,
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:17-cv-04263
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`6
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`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 7 of 16 Page ID #:7
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`offering for sale, selling, and/or importing the ’486 Accused Instrumentalities. On
`information and belief, such products are covered by one or more claims of the ’486
`Patent including at least claim 1 because they contain each element of that claim.
`23. By making, using, offering for sale, selling, and/or importing the ’486
`Accused Instrumentalities infringing the ’486 Patent, Defendant has injured DSS and
`is liable to DSS for infringement of the ’486 Patent pursuant to 35 U.S.C. § 271(a)
`directly and/or under the doctrine of equivalents.
`24.
`In addition, Defendant is actively inducing others, such as its affiliates,
`customers, and end users of Accused Instrumentalities, services based thereupon, and
`related products and/or processes, to directly infringe—and/or to combine outside of
`the United States in a manner that would infringe if such combination occurred within
`the United States—each and every claim limitation, including without limitation claim
`1 of the ’486 Patent, in violation of 35 U.S.C. §§ 271(b) and/or 271(f). Upon
`information and belief, Defendant’s customers and/or end users have directly
`infringed and are directly infringing—and/or combining outside of the United States
`in a manner that would infringe if such combination occurred within the United
`States—each and every claim limitation, including without limitation claim 1 of the
`’486 Patent. Defendant has had actual knowledge of the ’486 Patent at least as of
`service of this Complaint. Defendant is knowingly inducing its customers and/or end
`users to directly infringe—and/or to combine outside of the United States in a manner
`that would infringe if such combination occurred within the United States—the ’486
`Patent, with the specific intent to encourage such infringement, and knowing that the
`induced acts constitute patent infringement. Defendant’s inducement includes, for
`example, providing technical guides, product data sheets, demonstrations, software
`and hardware specifications, installation guides, and other forms of support that
`induce its customers and/or end users to directly infringe—and/or to combine outside
`of the United States in a manner that would infringe if such combination occurred
`within the United States—the ’486 Patent. The ’486 Accused Instrumentalities are
`COMPLAINT FOR PATENT INFRINGEMENT
`
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`Case No. 2:17-cv-04263
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`7
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`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 8 of 16 Page ID #:8
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`designed in such a way that when they are used for their intended purpose, the user
`infringes the ’486 Patent. Defendant knows and intends that customers that purchase
`the ’486 Accused Instrumentalities will use those products for their intended purpose.
`25. Defendant has been aware of the ’486 Patent and of its infringement as of
`a date no later than the date it was served with this Complaint in this action. To the
`extent facts learned in discovery show that Defendant’s infringement of the ’486
`Patent is or has been willful, or to the extent that Defendant’s actions subsequent to
`the filing of this Complaint—such as it behavior as a litigant or its failure to take
`remedial actions—render its infringement egregious, DSS reserves the right to request
`such a finding at time of trial.
`26. As a result of Defendant’s infringement of the ’486 Patent, DSS has
`suffered monetary damages in an amount adequate to compensate for Defendant’s
`infringement, but in no event less than a reasonable royalty for the use made of the
`invention by Defendant, together with interest and costs as fixed by the Court.
`COUNT III
`INFRINGEMENT OF THE ’355 PATENT
`27. DSS references and incorporates by reference paragraphs 1 through 26 of
`this Complaint.
`28. On information and belief, Defendant makes, uses, offers for sale, sells,
`and/or imports in the United States products made by processes that infringe various
`claims of the ’355 Patent, and continues to do so. Defendant also performs the
`patented processes of various claims of the ‘355 Patent in the United States. By way
`of illustrative example, Defendant’s infringing products include without limitation, all
`versions and variations, including predecessor and successor models, of its XLamp
`line of LEDs, including its XB-D, XP-G2, XB-H, XH-B, XH-G, XHP35, XHP35 HI,
`XM-L, XM-L HV, XM-L2, XP-C, XP-E, XP-E HE, XP-E2, XP-E2 Torch, XP-G, XP-
`G2, XP-G3, XP-L, XP-L HI, XP-l2, XQ-A, XQ-B, XQ-D, XQ-E, XQ-E HI, XR-C,
`XR-E, XT-E HV, XT-E Royal Blue, XT-E White, MHB-A, MHB-B, MHD-E, MHD-
`COMPLAINT FOR PATENT INFRINGEMENT
`
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`Case No. 2:17-cv-04263
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`8
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`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 9 of 16 Page ID #:9
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`G, MK-R, MK-R2, MT-G EasyWhite, MT-G2 EasyWhite, XHP50, XHP50.2,
`XHP70, XHP70.2, XM-L Color, XM-L EasyWhite, XM-L2 EasyWhite LED
`products. These products were made either in the United States or abroad, using
`processes claimed in the ‘355 Patent. Defendant’s infringing products also include
`products, e.g., light bulbs, displays and fixtures that contain at least one infringing
`LED product. Defendant’s infringing products and processes are collectively referred
`to hereinafter as “’355 Accused Instrumentalities.”
`29. On information and belief, Defendant has directly infringed and
`continues to directly infringe the ’355 Patent by, among other things, making, using,
`offering for sale, selling, and/or importing the ’355 Accused Instrumentalities. On
`information and belief, such products and/or methods are covered by one or more
`claims of the ’355 Patent’s including at least claim 1 because they contain each
`element of that claim.
`30. By making, using, offering for sale, selling, and/or importing the ’355
`Accused Instrumentalities infringing the ’355 Patent, Defendant has injured DSS and
`is liable to DSS for infringement of the ’355 Patent pursuant to 35 U.S.C. § 271(a)
`directly and/or under the doctrine of equivalents.
`31. Defendant also infringes the ‘355 patent pursuant to 35 U.S.C. 271(g)
`because it imports into the United States or offers to sell, sells, or uses within the
`United States a product which is made by a process patented in the United States,
`which has not been materially changed by subsequent processes and does not become
`a trivial and nonessential component of another product. For example, Defendant
`imports, offers to sells, sells, and/or uses in the United States the ’355 Accused
`Instrumentalities, which are final products that are not materially changed by
`subsequent processes and do not become trivial and nonessential components of other
`lighting products.
`32.
`In addition, Defendant is actively inducing others, such as its affiliates,
`customers, and end users of Accused Instrumentalities, services based thereupon, and
`COMPLAINT FOR PATENT INFRINGEMENT
`
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`9
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`Case No. 2:17-cv-04263
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`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 10 of 16 Page ID #:10
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`related products and/or processes, to directly infringe—and/or to combine outside of
`the United States in a manner that would infringe if such combination occurred within
`the United States—each and every claim limitation, including without limitation claim
`1 of the ’355 Patent, in violation of 35 U.S.C. §§ 271(b) and/or 271(f). Upon
`information and belief, Defendant’s customers and/or end users have directly
`infringed and are directly infringing—and/or combining outside of the United States
`in a manner that would infringe if such combination occurred within the United
`States—each and every claim limitation, including without limitation claim 1 of the
`’355 Patent. Defendant has had actual knowledge of the ’355 Patent at least as of
`service of this Complaint. Defendant is knowingly inducing its customers and/or end
`users to directly infringe—and/or to combine outside of the United States in a manner
`that would infringe if such combination occurred within the United States—the ’355
`Patent, with the specific intent to encourage such infringement, and knowing that the
`induced acts constitute patent infringement. Defendant’s inducement includes, for
`example, providing technical guides, product data sheets, demonstrations, software
`and hardware specifications, installation guides, and other forms of support that
`induce its customers and/or end users to directly infringe—and/or to combine outside
`of the United States in a manner that would infringe if such combination occurred
`within the United States—the ’355 Patent. The ’355 Accused Instrumentalities are
`designed in such a way that when they are used for their intended purpose, the user
`infringes the ’355 Patent. Defendant knows and intends that customers that purchase
`the ’355 Accused Instrumentalities will use those products for their intended purpose.
`33. Defendant has been aware of the ’355 Patent and of its infringement as of
`a date no later than the date it was served with this Complaint in this action. To the
`extent facts learned in discovery show that Defendant’s infringement of the ’355
`Patent is or has been willful, or to the extent that Defendant’s actions subsequent to
`the filing of this Complaint—such as it behavior as a litigant or its failure to take
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`10
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`

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`remedial actions—render its infringement egregious, DSS reserves the right to request
`such a finding at time of trial.
`34. As a result of Defendant’s infringement of the ’355 Patent, DSS has
`suffered monetary damages in an amount adequate to compensate for Defendant’s
`infringement, but in no event less than a reasonable royalty for the use made of the
`invention by Defendant, together with interest and costs as fixed by the Court.
` COUNT IV
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` INFRINGEMENT OF THE ’087 PATENT
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`35. DSS references and incorporates by reference paragraphs 1 through 33 of
`this Complaint.
`36. On information and belief, Defendant makes, uses, offers for sale, sells,
`and/or imports in the United States products and/or services that infringe various
`claims of the ’087 Patent, and continues to do so. By way of illustrative example,
`Defendant’s infringing products include without limitation, all versions and variations,
`including predecessor and successor models of its LED products including its CLA2
`Series White, CLA2 Series Color, CLM1 Series White, CLM1 Series Color, CLM2
`Series White, CLM2 Series Color, CLM3 Series Color, CLM3 Series White, CLM4
`Series White, CLM4 Series Color, CLP6 Series White, CLP6 Series Color, CLX6
`Series White, CLX6 Series Color, XLamp ML-B, XLamp ML-C, and XLamp ML-E
`models. Defendant’s infringing products also include products, e.g., light bulbs,
`displays and fixtures that contain at least one infringing LED product. Defendant’s
`infringing products are collectively referred to hereinafter as “’087 Accused
`Instrumentalities.”
`37. On information and belief, Defendant has directly infringed and
`continues to directly infringe the ’087 Patent by, among other things, making, using,
`offering for sale, selling, and/or importing the ’087 Accused Instrumentalities. On
`information and belief, such products and/or services are covered by one or more
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`11
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`claims of the ’087 Patent’s including at least claim 1 because they contain each
`element of that claim.
`38. By making, using, offering for sale, selling, and/or importing the ’087
`Accused Instrumentalities infringing the ’087 Patent, Defendant has injured DSS and
`is liable to DSS for infringement of the ’087 Patent pursuant to 35 U.S.C. § 271(a)
`directly and/or under the doctrine of equivalents.
`39.
`In addition, Defendant is actively inducing others, such as its affiliates,
`customers, and end users of Accused Instrumentalities, services based thereupon, and
`related products and/or processes, to directly infringe—and/or to combine outside of
`the United States in a manner that would infringe if such combination occurred within
`the United States—each and every claim limitation, including without limitation claim
`1 of the ’087 Patent, in violation of 35 U.S.C. §§ 271(b) and/or 271(f). Upon
`information and belief, Defendant’s customers and/or end users have directly
`infringed and are directly infringing—and/or combining outside of the United States
`in a manner that would infringe if such combination occurred within the United
`States—each and every claim limitation, including without limitation claim 1 of the
`’087 Patent. Defendant has had actual knowledge of the ’087 Patent at least as of
`service of this Complaint. Defendant is knowingly inducing its customers and/or end
`users to directly infringe—and/or to combine outside of the United States in a manner
`that would infringe if such combination occurred within the United States—the ’087
`Patent, with the specific intent to encourage such infringement, and knowing that the
`induced acts constitute patent infringement. Defendant’s inducement includes, for
`example, providing technical guides, product data sheets, demonstrations, software
`and hardware specifications, installation guides, and other forms of support that
`induce its customers and/or end users to directly infringe—and/or to combine outside
`of the United States in a manner that would infringe if such combination occurred
`within the United States—the ’087 Patent. The ’087 Accused Instrumentalities are
`designed in such a way that when they are used for their intended purpose, the user
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:17-cv-04263
`
`12
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`

`

`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 13 of 16 Page ID #:13
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`infringes the ’087 Patent. Defendant knows and intends that customers that purchase
`the ’087 Accused Instrumentalities will use those products for their intended purpose.
`40. Defendant has been aware of the ’087 Patent and of its infringement as of
`a date no later than the date it was served with this Complaint in this action. To the
`extent facts learned in discovery show that Defendant’s infringement of the ’087
`Patent is or has been willful, or to the extent that Defendant’s actions subsequent to
`the filing of this Complaint—such as it behavior as a litigant or its failure to take
`remedial actions—render its infringement egregious, DSS reserves the right to request
`such a finding at time of trial.
`41. As a result of Defendant’s infringement of the ’087 Patent, DSS has
`suffered monetary damages in an amount adequate to compensate for Defendant’s
`infringement, but in no event less than a reasonable royalty for the use made of the
`invention by Defendant, together with interest and costs as fixed by the Court.
` COUNT V
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` INFRINGEMENT OF THE ’787 PATENT
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`42. DSS references and incorporates by reference paragraphs 1 through 40 of
`this Complaint.
`43. On information and belief, Defendant makes, uses, offers for sale, sells,
`and/or imports in the United States products and/or services that infringe various
`claims of the ’787 Patent, and continues to do so. By way of illustrative example,
`Defendant’s infringing products include without limitation, all versions and variations,
`including predecessor and successor models, of its XLamp line of LEDs, that include
`“Direct Attach,” “SC3” and/or “SC5 Technology,” including but not limited to its
`XB-D, XP-G2, XHP35, XHP35 HI, XT-E, XT-E HV, XT-E Royal Blue, XT-E White,
`XHP50, XHP50.2, XHP70, XHP70.2 LED products, as well as Daylight bulbs.
`Defendant’s infringing products also include products, e.g., light bulbs, displays and
`fixtures that contain at least one infringing LED product. Defendant’s infringing
`products are collectively referred to hereinafter as “’787 Accused Instrumentalities.”
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:17-cv-04263
`
`13
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`

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`Case 2:17-cv-04263-JVS-JCG Document 1 Filed 06/08/17 Page 14 of 16 Page ID #:14
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`44. On information and belief, Defendant has directly infringed and
`continues to directly infringe the ’787 Patent by, among other things, making, using,
`offering for sale, selling, and/or importing the ’787 Accused Instrumentalities. On
`information and belief, such products and/or services are covered by one or more
`claims of the ’787 Patent’s including at least claims 1 and 7 because they contain each
`element of those claims.
`45. By making, using, offering for sale, selling, and/or importing the ’787
`Accused Instrumentalities infringing the ’787 Patent, Defendant has injured DSS and
`is liable to DSS for infringement of the ’787 Patent pursuant to 35 U.S.C. § 271(a)
`directly and/or under the doctrine of equivalents.
`46.
`In addition, Defendant is actively inducing others, such as its affiliates,
`customers, and end users of Accused Instrumentalities, services based thereupon, and
`related products and/or processes, to directly infringe—and/or to combine outside of
`the United States in a manner that would infringe if such combination occurred within
`the United States—each and every claim limitation, including without limitation
`claims 1 and 7 of the ’787 Patent, in violation of 35 U.S.C. §§ 271(b) and/or 271(f).
`Upon information and belief, Defendant’s customers and/or end users have directly
`infringed and are directly infringing—and/or combining outside of the United States
`in a manner that would infringe if such combination occurred within the United
`States—each and every claim limitation, including without limitation claim 7 of the
`’787 Patent. Defendant has had actual knowledge of the ’787 Patent at least as of
`service of this Complaint. Defendant is knowingly inducing its customers and/or end
`users to directly infringe—and/or to combine outside of the United States in a manner
`tha