Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 1 of 29 Page ID #:144
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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
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`Attorneys for Plaintiff Document Security Systems, Inc.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
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`DOCUMENT SECURITY SYSTEMS,
`INC.,
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`Plaintiff,
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`Defendant.
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`Civil Action No. 2:17-cv-04263-JVS-JCG
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`JURY TRIAL DEMANDED
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`v.
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`CREE, INC.,
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States of America, 35 U.S.C. § 1 et seq. in which Document Security Systems,
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`Inc. (“DSS” or “Plaintiff”) makes the following allegations against Defendant Cree,
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`Inc. (“Cree” or “Defendant”).
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`1. Document Security Systems, Inc. is a publicly-traded New York
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`PARTIES
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`corporation. Founded in 1984, DSS is a global leader in brand protection, digital
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`security solutions and anti-counterfeiting technologies.
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`2. In November 2016, DSS acquired a portfolio of patents covering
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`technologies used in Light-Emitting Diode (“LED”) lighting products, including the
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case No. 2:17-cv-04263-JVS-JCG
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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 2 of 29 Page ID #:145
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`patents-in-suit. The patents in this portfolio were originally assigned to Agilent
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`Technologies, Inc. and/or the successors of its LED business. Since its recent
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`acquisition of these patents, DSS has worked to expand its business efforts regarding
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`LED technology. DSS is pursuing both licensing and commercialization of this
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`technology acquisition, and is establishing those activities within its Plano location.
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`3. On information and belief, Cree, Inc. is a North Carolina corporation with its
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`principal place of business at 4600 Silicon Drive, Durham, North Carolina 27703-
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`8475. Defendant Cree, Inc. can be served through its registered agent, CT
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`Corporation System, 818 W 7th St. Suite 930, Los Angeles, CA 90017.
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`JURISDICTION AND VENUE
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`4. This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Accordingly, this Court has subject matter jurisdiction under 28
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`U.S.C. §§ 1331 and 1338(a).
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`5. This Court has personal jurisdiction over Defendant in this action because,
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`among other reasons, Defendant has committed acts within the Central District of
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`California giving rise to this action and has established minimum contacts with the
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`forum state of California. Defendant directly and/or through subsidiaries or
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`intermediaries (including distributors, retailers, and others), has committed and
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`continues to commit acts of infringement in this District by, among other things,
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`making, using, importing, offering for sale, and/or selling products and/or services
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`that infringe the patents-in-suit. Thus, Defendant purposefully availed itself of the
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`benefits of doing business in the State of California and the exercise of jurisdiction
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`over Defendant would not offend traditional notions of fair play and substantial
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`justice. Cree is registered to do business in the State of California, and has an office
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`and regular and established place of business at 340 Storke Road, Goleta, California
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`93117.
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`6. Venue is proper in this District under 28 U.S.C. §§ 1391 (b)-(c) and 1400(b)
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`because Defendant has a regular and established place of business in this District and
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case No. 2:17-cv-04263-JVS-JCG
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`has committed acts of patent infringement in this District. Defendant, for example,
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`has a regular and established place of business at 340 Storke Road, Goleta, California
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`93117.
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`BACKGROUND
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`7. DSS is the owner by assignment of United States Patent No. 6,949,771 (“the
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`’771 Patent”) entitled “Light Source.” The ’771 Patent was duly and legally issued by
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`the United States Patent and Trademark Office on September 27, 2005. A true and
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`correct copy of the ’771 Patent is included as Exhibit A.
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`8. DSS is the owner by assignment of United States Patent No. 7,256,486 (“the
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`’486 Patent”) entitled “Packing Device for Semiconductor Die, Semiconductor Device
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`Incorporating Same and Method of Making Same.” The ’486 Patent was duly and
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`legally issued by the United States Patent and Trademark Office on August 14, 2007.
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`A true and correct copy of the ’486 Patent is included as Exhibit B.
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`9. DSS is the owner by assignment of United States Patent No. 7,524,087
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`(“the ’087 Patent”) entitled “Optical Device.” The ’087 Patent was duly and legally
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`issued by the United States Patent and Trademark Office on April 28, 2009. A true
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`and correct copy of the ’087 Patent is included as Exhibit C.
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`10. DSS is the owner by assignment of United States Patent No. 7,919,787
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`(“the ’787 Patent”) entitled “Semiconductor Device with a Light Emitting
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`Semiconductor Die.” The ’787 Patent was duly and legally issued by the United
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`States Patent and Trademark Office on April 5, 2011. A true and correct copy of the
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`’787 Patent is included as Exhibit D.
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`11. DSS owns all rights, title, and interest in and to the ’771, ’486, ’087, and
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`’787 Patents (collectively, “asserted patents” or “patents-in-suit”), including all rights
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`to sue and recover for past and future infringement.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 4 of 29 Page ID #:147
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`COUNT I
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`INFRINGEMENT OF THE ’771 PATENT
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`12. DSS references and incorporates by reference paragraphs 1 through 10 of
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`this Complaint.
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`13. On information and belief, Defendant makes, uses, offers for sale, sells,
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`and/or imports in the United States products and/or services that infringe various
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`claims of the ’771 Patent, and continues to do so. By way of illustrative example,
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`Defendant’s infringing products include without limitation, all versions and variations,
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`including predecessor and successor models, of its XLamp ML-B, XLamp ML-C,
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`XLamp ML-E, Xlamp MX-3S, XLamp XR-C, XLamp XR-E, XLamp MC-E, CLM1
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`Series Color, CLM2 Series, CLM3 Series Color, CLM4 Series, CLP6 Series White,
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`CLP6 Series Color, SMD Full Color, and SMD Full Color Side-View LED products.
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`Defendant’s infringing products also include products, e.g., light bulbs, displays and
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`fixtures that contain at least one infringing LED product. Defendant’s infringing
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`products are collectively referred to hereinafter as “’771 Accused Instrumentalities.”
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`14. On information and belief, Defendant has directly infringed and
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`continues to directly infringe the ’771 Patent by, among other things, making, using,
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`offering for sale, selling, and/or importing the ’771 Accused Instrumentalities. On
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`information and belief, such products and/or services are covered by one or more
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`claims of the ’771 Patent’s including at least claims 1 through 8 because they contain
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`each element of those claims.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`15. As an illustrative example, Defendant imports, sells and offers to sell its
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`CLM1 Series Color LED products. Defendant’s CLM1 Series Color infringes, for
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`example, Claim 3 of the ‘771 patent because it is a light source comprising a substrate
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`having opposing first and second surfaces, the substrate defining an aperture
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`extending from the first surface to the second surface, said aperture having a first
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`opening in the first surface and second opening in said second surface:
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`16. Defendant’s CLM1 Series Color also includes a platform covering said
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`first opening, said platform being located outside said aperture:
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`17. Defendant’s CLM1 Series Color also includes a light emitting diode
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`mounted on the platform within the aperture, and a transparent encapsulant material
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`encapsulating the light emitting diode in the aperture:
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 6 of 29 Page ID #:149
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`18. Defendant’s CLM1 Series Color’s “platform” is made from thermally
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`conductive material for conducting heat away from the light emitting diode because
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`the “platform” comprises a metal lead frame that conducts heat away from the light
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`emitting diode.
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`19. By making, using, offering for sale, selling, and/or importing the ’771
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`Accused Instrumentalities infringing the ’771 Patent, Defendant has injured DSS and
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`is liable to DSS for infringement of the ’771 Patent pursuant to 35 U.S.C. § 271(a)
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`directly and/or under the doctrine of equivalents.
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`20.
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`In addition, Defendant is actively inducing others, such as its affiliates,
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`customers, and end users of Accused Instrumentalities, services based thereupon, and
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`related products and/or processes, to directly infringe—and/or to combine outside of
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`the United States in a manner that would infringe if such combination occurred within
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`the United States—each and every claim limitation, including without limitation
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`claims 1 through 8 of the ’771 Patent, in violation of 35 U.S.C. §§ 271(b) and/or
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`271(f). Upon information and belief, Defendant’s customers and/or end users have
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`directly infringed and are directly infringing—and/or combining outside of the United
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`States in a manner that would infringe if such combination occurred within the United
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`States—each and every claim limitation, including without limitation claims 1 through
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`8 of the ’771 Patent. Defendant has had actual knowledge of the ’771 Patent at least
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`as of service of this Complaint. Defendant is knowingly inducing its customers and/or
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`end users to directly infringe—and/or to combine outside of the United States in a
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`manner that would infringe if such combination occurred within the United States—
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`the ’771 Patent, with the specific intent to encourage such infringement, and knowing
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`that the induced acts constitute patent infringement. Defendant’s inducement
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`includes, for example, providing technical guides, product data sheets,
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`demonstrations, software and hardware specifications, installation guides, and other
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`forms of support that induce its customers and/or end users to directly infringe—
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`and/or to combine outside of the United States in a manner that would infringe if such
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`combination occurred within the United States—the ’771 Patent. The ’771 Accused
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`Instrumentalities are designed in such a way that when they are used for their intended
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`purpose, the user infringes the ’771 Patent. Defendant knows and intends that
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`customers that purchase the ’771 Accused Instrumentalities will use those products for
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`their intended purpose.
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`21. Defendant specifically intends its United States customers infringe the
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`‘771 patent through use of the ‘771 Accused Instrumentalities in this country by at
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`least advertising and promoting the use (e.g., hyperlinked “Application” below) of the
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`‘771 Accused Instrumentalities on its United States website: See, e.g.,
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`http://www.cree.com/led-components/products/smd-color/clm1-series-color.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`22. Defendant also specifically intends its customers infringe the ‘771 Patent
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`through use of the ‘771 Accused Instrumentalities through trade show presentations,
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`customer visits, direct customer contacts and application guides. Defendant also
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`specifically intends its customers to infringe the ‘771 Patent through selling ‘771
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`Accused Instrumentalities overseas with the specific intent that the customer import,
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`offer to sell, and/or sell the ‘771 Accused Instrumentalities in order to develop and
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`serve the United States market for Defendant’s LED products, either alone or used in
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`products such as bulbs, displays and/or fixtures. Such customers include Defendant’s
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`LED distributors, consumer products companies and retailers that serve the United
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`States market. See http://www.cree.com/led-components/where-to-buy, naming
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`Arrow Americas, Avnet, Digi-Key, Mouser Electronics, and WPG Americas as
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`United States “Distributor[s].”
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`23. Defendant has been aware of the ’771 Patent and of its infringement as of
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`a date no later than March 24, 2014, when during the prosecution of Defendant’s
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`patent that issued as US 8,860,043, the USPTO examiner cited and rejected claims of
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`Defendant’s patent application in view of the ‘771 Patent. Thereafter, Defendant cited
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`the ‘771 Patent in many of its patent applications, including during prosecution of
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`patents that issued to US 8,866,166 (cited in Defendant’s Information Disclosure
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`Statement on April 17, 2014); US 8,878,217 (cited in Defendant’s Information
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`Disclosure Statement on April 17, 2014); US 9,111,778 (cited in Defendant’s
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`Information Disclosure Statement on May 5, 2014); US 9,123,874 (cited in
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`Defendant’s Information Disclosure Statement on April 17, 2014). Defendant also
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`had knowledge of the ‘771 Patent at least as of the date it was served with the
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`Complaint in case 2:17-cv-309, which was filed on April 13, 2017. To the extent
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`facts learned in discovery show that Defendant’s infringement of the ’771 Patent is or
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`has been willful and/or egregious, or to the extent that Defendant’s actions subsequent
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`to the filing of this Complaint—such as it behavior as a litigant or its failure to take
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`remedial actions—render its infringement egregious, DSS reserves the right to request
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`such a finding at time of trial.
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`24. As a result of Defendant’s infringement of the ’771 Patent, DSS has
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`suffered monetary damages in an amount adequate to compensate for Defendant’s
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`infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the Court.
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`COUNT II
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`INFRINGEMENT OF THE ’486 PATENT
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`25. DSS references and incorporates by reference paragraphs 1 through 24 of
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`this Complaint.
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`26. On information and belief, Defendant makes, uses, offers for sale, sells,
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`and/or imports in the United States products and/or services that infringe various
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`claims of the ’486 Patent, and continues to do so. By way of illustrative example,
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`Defendant’s infringing products include without limitation, all versions and variations,
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`including predecessor and successor models, of its “XLamp” line of LEDs, including
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`the XP-G2, XB-D, XB-H, XH-B, XH-G, XHP35, XHP35 HI, XM-L, XM-L HV, XM-
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`L2, XP-C, XP-E, XP-E HE, XP-E2, XP-E2 Torch, XP-G, XP-G2, XP-G3, XP-L, XP-
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`L HI, XP-l2, XQ-A, XQ-B, XQ-D, XQ-E, XQ-E HI, XR-C, XR-E, XT-E HV, XT-E
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`Royal Blue, XT-E White, MHB-A, MHB-B, MHD-E, MHD-G, MK-R, MK-R2, MT-
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`G EasyWhite, MT-G2 EasyWhite, XHP50, XHP50.2, XHP70, XHP70.2, XM-L
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`Color, XM-L EasyWhite, XM-L2 EasyWhite LED products and Daylight bulbs.
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`Defendant’s infringing products also include products, e.g., light bulbs, displays and
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`fixtures that contain at least one infringing LED product. Defendant’s infringing
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`products are collectively referred to hereinafter as “’486 Accused Instrumentalities.”
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`27. On information and belief, Defendant has directly infringed and
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`continues to directly infringe the ’486 Patent by, among other things, making, using,
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`offering for sale, selling, and/or importing the ’486 Accused Instrumentalities. On
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`information and belief, such products are covered by one or more claims of the ’486
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`Patent including at least claim 1 because they contain each element of that claim.
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`28. As an illustrative example, Defendant imports, sells and offers to sell its
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`XLamp XB-D LED products. Defendant’s XLamp XB-D infringes, for example,
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`Claim 1 of the ‘486 patent because it is a semiconductor device comprising a
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`substantially planar substrate having opposed major surfaces:
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`29. Defendants XLamp XB-D also includes an electrically conductive
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`mounting pad located on one of the major surfaces of the substrate:
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`INFRINGEMENT
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`30. Defendant’s XLamp XB-D also includes an LED having a metallized
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`bottom major surface that is mounted on the electrically conductive mounting pad, the
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`metallized bottom major surface comprising one of an anode and a cathode of the
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`LED:
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`31. Defendant’s XLamp XB-D also includes a first electrically conductive
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`connecting pad located on the other of the major surfaces of the substrate:
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case No. 2:17-cv-04263-JVS-JCG
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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 12 of 29 Page ID #:155
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`32. Defendant’s XLamp XB-D also includes a first electrically conductive
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`interconnecting element extending through the substrate and electrically
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`interconnecting the mounting pad and the first electrically conducive connecting pad:
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`33. By making, using, offering for sale, selling, and/or importing the ’486
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`Accused Instrumentalities infringing the ’486 Patent, Defendant has injured DSS and
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`is liable to DSS for infringement of the ’486 Patent pursuant to 35 U.S.C. § 271(a)
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`directly and/or under the doctrine of equivalents.
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`34.
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`In addition, Defendant is actively inducing others, such as its affiliates,
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`customers, and end users of Accused Instrumentalities, services based thereupon, and
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`related products and/or processes, to directly infringe—and/or to combine outside of
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`the United States in a manner that would infringe if such combination occurred within
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`the United States—each and every claim limitation, including without limitation claim
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`1 of the ’486 Patent, in violation of 35 U.S.C. §§ 271(b) and/or 271(f). Upon
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`information and belief, Defendant’s customers and/or end users have directly
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`infringed and are directly infringing—and/or combining outside of the United States
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`in a manner that would infringe if such combination occurred within the United
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`States—each and every claim limitation, including without limitation claim 1 of the
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case No. 2:17-cv-04263-JVS-JCG
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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 13 of 29 Page ID #:156
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`’486 Patent. Defendant has had actual knowledge of the ’486 Patent at least as of
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`service of this Complaint. Defendant is knowingly inducing its customers and/or end
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`users to directly infringe—and/or to combine outside of the United States in a manner
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`that would infringe if such combination occurred within the United States—the ’486
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`Patent, with the specific intent to encourage such infringement, and knowing that the
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`induced acts constitute patent infringement. Defendant’s inducement includes, for
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`example, providing technical guides, product data sheets, demonstrations, software
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`and hardware specifications, installation guides, and other forms of support that
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`induce its customers and/or end users to directly infringe—and/or to combine outside
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`of the United States in a manner that would infringe if such combination occurred
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`within the United States—the ’486 Patent. The ’486 Accused Instrumentalities are
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`designed in such a way that when they are used for their intended purpose, the user
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`infringes the ’486 Patent. Defendant knows and intends that customers that purchase
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`the ’486 Accused Instrumentalities will use those products for their intended purpose.
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`35. Defendant specifically intends its United States customers infringe the
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`‘486 patent through use of the ‘486 Accused Instrumentalities in this country by at
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`least advertising and promoting the use (e.g., hyperlinked “Application” below) of the
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`‘486 Accused Instrumentalities on its United States website: See, e.g.,
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`http://www.cree.com/led-components/products/xlamp-leds-discrete/xlamp-xb-d.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case No. 2:17-cv-04263-JVS-JCG
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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 14 of 29 Page ID #:157
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`36. Defendant also specifically intends its customers infringe the ‘486 Patent
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`through use of the ‘486 Accused Instrumentalities through trade show presentations,
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`customer visits, direct customer contacts and application guides. Defendant also
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`specifically intends its customers to infringe the ‘486 Patent through selling ‘486
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`Accused Instrumentalities overseas with the specific intent that the customer import,
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`offer to sell, and/or sell the ‘486 Accused Instrumentalities in order to develop and
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`serve the United States market for Defendant’s LED products, either alone or used in
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`products such as bulbs, displays and/or fixtures. Such customers include Defendant’s
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`LED distributors, consumer products companies and retailers that serve the United
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`States market. See http://www.cree.com/led-components/where-to-buy, naming
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`Arrow Americas, Avnet, Digi-Key, Mouser Electronics, and WPG Americas as
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`United States “Distributor[s].”
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`37. Defendant has been aware of the ’486 Patent and of its infringement as of
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`a date no later than the date it was served with the Complaint in case 2:17-cv-309,
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`which was filed on April 13, 2017. To the extent facts learned in discovery show that
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`Defendant’s infringement of the ’486 Patent is or has been willful and/or egregious, or
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`to the extent that Defendant’s actions subsequent to the filing of this Complaint—such
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`as it behavior as a litigant or its failure to take remedial actions—render its
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`infringement egregious, DSS reserves the right to request such a finding at time of
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`trial.
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`38. As a result of Defendant’s infringement of the ’486 Patent, DSS has
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`suffered monetary damages in an amount adequate to compensate for Defendant’s
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`infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the Court.
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`COUNT III
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`INFRINGEMENT OF THE ’087 PATENT
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`39. DSS references and incorporates by reference paragraphs 1 through 38 of
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`this Complaint.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`14
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`Case No. 2:17-cv-04263-JVS-JCG
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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 15 of 29 Page ID #:158
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`40. On information and belief, Defendant makes, uses, offers for sale, sells,
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`and/or imports in the United States products and/or services that infringe various
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`claims of the ’087 Patent, and continues to do so. By way of illustrative example,
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`Defendant’s infringing products include without limitation, all versions and variations,
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`including predecessor and successor models of its LED products including its CLA2
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`Series White, CLA2 Series Color, CLM1 Series White, CLM1 Series Color, CLM2
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`Series White, CLM2 Series Color, CLM3 Series Color, CLM3 Series White, CLM4
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`Series White, CLM4 Series Color, CLP6 Series White, CLP6 Series Color, CLX6
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`Series White, CLX6 Series Color, XLamp ML-B, XLamp ML-C, XLamp ML-E,
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`PLCC4 3 in 1 SMD LED (CLM, CLV, CLX, CLY and SLV Series), models.
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`Defendant’s infringing products also include products, e.g., light bulbs, displays and
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`fixtures that contain at least one infringing LED product. Defendant’s infringing
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`products are collectively referred to hereinafter as “’087 Accused Instrumentalities.”
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`41. On information and belief, Defendant has directly infringed and
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`continues to directly infringe the ’087 Patent by, among other things, making, using,
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`offering for sale, selling, and/or importing the ’087 Accused Instrumentalities. On
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`information and belief, such products and/or services are covered by one or more
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`claims of the ’087 Patent’s including at least claim 1 because they contain each
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`element of that claim.
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`42. As an illustrative example, Defendant imports, sells and offers to sell its
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`XLamp ML-B LED products. Defendant’s XLamp ML-B infringes, for example,
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`Claim 1 of the ‘087 patent because it is an optical device comprising a lead frame with
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`a plurality of leads:
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`15
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`Case No. 2:17-cv-04263-JVS-JCG
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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 16 of 29 Page ID #:159
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`43. Defendant’s XLamp ML-B also includes a reflector housing formed
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`around the lead frame, the reflector housing having a first end face and a second end
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`face and a peripheral sidewall extending between the first end face and the second end
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`face, the reflector housing having a first pocket with a pocket opening in the first end
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`face and a second pocket opening in the second end face. The pocket opening in the
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`second end face is filled with the “Die Heatsink”:
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`44. Defendant’s XLamp ML-B also includes at least one LED die mounted
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`in the first pocket of the reflector housing and a light transmitting encapsulant
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`disposed in the first pocket and encapsulating the at least one LED die:
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`45. Defendant’s XLamp ML-B includes a plurality of lead receiving
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`compartments formed in the peripheral sidewall of the reflector housing:
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`16
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`

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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 17 of 29 Page ID #:160
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`46. By making, using, offering for sale, selling, and/or importing the ’087
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`Accused Instrumentalities infringing the ’087 Patent, Defendant has injured DSS and
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`is liable to DSS for infringement of the ’087 Patent pursuant to 35 U.S.C. § 271(a)
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`directly and/or under the doctrine of equivalents.
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`47.
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`In addition, Defendant is actively inducing others, such as its affiliates,
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`customers, and end users of Accused Instrumentalities, services based thereupon, and
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`related products and/or processes, to directly infringe—and/or to combine outside of
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`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
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`1 of the ’087 Patent, in violation of 35 U.S.C. §§ 271(b) and/or 271(f). Upon
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`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
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`in a manner that would infringe if such combination occurred within the United
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`States—each and every claim limitation, including without limitation claim 1 of the
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`’087 Patent. Defendant has had actual knowledge of the ’087 Patent at least as of
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`service of this Complaint. Defendant is knowingly inducing its customers and/or end
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`users to directly infringe—and/or to combine outside of the United States in a manner
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`that would infringe if such combination occurred within the United States—the ’087
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`Patent, with the specific intent to encourage such infringement, and knowing that the
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`17
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`Case No. 2:17-cv-04263-JVS-JCG
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`

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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 18 of 29 Page ID #:161
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`induced acts constitute patent infringement. Defendant’s inducement includes, for
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`example, providing technical guides, product data sheets, demonstrations, software
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`and hardware specifications, installation guides, and other forms of support that
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`induce its customers and/or end users to directly infringe—and/or to combine outside
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`of the United States in a manner that would infringe if such combination occurred
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`within the United States—the ’087 Patent. The ’087 Accused Instrumentalities are
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`designed in such a way that when they are used for their intended purpose, the user
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`infringes the ’087 Patent. Defendant knows and intends that customers that purchase
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`the ’087 Accused Instrumentalities will use those products for their intended purpose.
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`10
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`48. Defendant specifically intends its United States customers infringe the
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`11
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`‘087 patent through use of the ‘087 Accused Instrumentalities in this country by at
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`least advertising and promoting the use (e.g., hyperlinked “Application” below) of the
`
`13
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`‘087 Accused Instrumentalities on its United States website: See, e.g.,
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`14
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`http://www.cree.com/led-components/products/xlamp-leds-discrete/xlamp-ml-b.
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`49. Defendant also specifically intends its customers to infringe at least
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`Claim 9 of the ‘087 patent by instructing users to include a plurality of ‘087 Accused
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`Instrumentalities in a display. See, e.g., http://www.cree.com/led-
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`components/applications/full-color-indoor-video.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`18
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`Case No. 2:17-cv-04263-JVS-JCG
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`

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`Case 2:17-cv-04263-JVS-JCG Document 17 Filed 07/14/17 Page 19 of 29 Page ID #:162
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`50. Defendant also specifically intend