Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 1 of 19 Page ID #:498
`Case 2:17-cv—04263-JVS—JCG Document 29-8 Filed 09/06/17 Page 1 of 19 Page ID #:498
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`EXHIBIT 8
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`EXHIBIT 8
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`

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`Case 2:17-cv-00309-JRG Document 1 Filed 04/13/17 Page 1 of 18 PageID #: 1Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 2 of 19 Page ID #:499
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`DOCUMENT SECURITY SYSTEMS,
`INC.,
`
`
`
`
`
`
`v.
`
`
`CREE, INC.,
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`Civil Action No. ____
`
`
`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, and
`
`has a place of business in Plano, Texas. 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 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
`
`
`
`1
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`exploitation of this technology acquisition, and is establishing those activities within its Plano
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`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 27703-8475.
`
`Defendant Cree, Inc. can be served through its registered agent, Bradley D. Kohn, 4600 Silicon
`
`Drive, Durham, North Carolina 27703-8475.
`
`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 Eastern District of Texas giving rise to
`
`this action and has established minimum contacts with the forum state of Texas. Defendant
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`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 Texas 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 Texas, and has appointed CT Corporation System, 1999 Bryan Street, Suite 900,
`
`Dallas, Texas 75201-3136 as its agent for service of process.
`
`6.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 (b)-(c) and 1400(b)
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`because Defendant is subject to personal jurisdiction in this District, has transacted business in
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`
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`2
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`Case 2:17-cv-00309-JRG Document 1 Filed 04/13/17 Page 3 of 18 PageID #: 3Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 4 of 19 Page ID #:501
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`this District and has committed acts of patent infringement in this District.
`
`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,
`
`
`
`3
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`Case 2:17-cv-00309-JRG Document 1 Filed 04/13/17 Page 4 of 18 PageID #: 4Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 5 of 19 Page ID #:502
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`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, ’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 12 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
`
`
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`4
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`Case 2:17-cv-00309-JRG Document 1 Filed 04/13/17 Page 5 of 18 PageID #: 5Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 6 of 19 Page ID #:503
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`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.
`
`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
`
`
`
`5
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`Case 2:17-cv-00309-JRG Document 1 Filed 04/13/17 Page 6 of 18 PageID #: 6Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 7 of 19 Page ID #:504
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`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 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
`
`
`
`6
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`Case 2:17-cv-00309-JRG Document 1 Filed 04/13/17 Page 7 of 18 PageID #: 7Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 8 of 19 Page ID #:505
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`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, 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
`
`
`
`7
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`Case 2:17-cv-00309-JRG Document 1 Filed 04/13/17 Page 8 of 18 PageID #: 8Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 9 of 19 Page ID #:506
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`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 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.
`
`
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`8
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` #:507
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`26.
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`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-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.”
`
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`9
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` #:508
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`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 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
`
`
`
`10
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`Case 2:17-cv-00309-JRG Document 1 Filed 04/13/17 Page 11 of 18 PageID #: 11Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 12 of 19 Page ID
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` #:509
`
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`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 remedial actions—render its infringement egregious,
`
`DSS reserves the right to request such a finding at time of trial.
`
`
`
`11
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`Case 2:17-cv-00309-JRG Document 1 Filed 04/13/17 Page 12 of 18 PageID #: 12Case 2:17-cv-04263-JVS-JCG Document 29-8 Filed 09/06/17 Page 13 of 19 Page ID
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` #:510
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`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
`
`INFRINGEMENT OF THE ’087 PATENT
`
`35.
`
`DSS references and incorporates by reference paragraphs 1 through 34 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
`
`
`
`12
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`and/or services are covered by one or more claims of the ’087 Patent’s including at least claim 1
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`because they contain each element of that claim.
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`38.
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`By making, using, offering for sale, selling, and/or importing the ’087 Accused
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`Instrumentalities infringing the ’087 Patent, Defendant has injured DSS and is liable to DSS for
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`infringement of the ’087 Patent pursuant to 35 U.S.C. § 271(a) directly and/or under the doctrine
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`of equivalents.
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`39.
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`In addition, Defendant is actively inducing others, such as its affiliates, customers,
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`and end users of Accused Instrumentalities, services based thereupon, and related products
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`and/or processes, 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—each and
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`every claim limitation, including without limitation claim 1 of the ’087 Patent, in violation of 35
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`U.S.C. §§ 271(b) and/or 271(f). Upon information and belief, Defendant’s customers and/or end
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`users have 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 States—
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`each and every claim limitation, including without limitation claim 1 of the ’087 Patent.
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`Defendant has had actual knowledge of the ’087 Patent at least as of service of this Complaint.
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`Defendant is knowingly inducing its customers and/or end users to directly infringe—and/or to
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`combine outside of the United States in a manner that would infringe if such combination
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`occurred within the United States—the ’087 Patent, with the specific intent to encourage such
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`infringement, and knowing that the induced acts constitute patent infringement. Defendant’s
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`inducement includes, for example, providing technical guides, product data sheets,
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`demonstrations, software and hardware specifications, installation guides, and other forms of
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`support that induce its customers and/or end users to directly infringe—and/or to combine
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`13
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`outside of the United States in a manner that would infringe if such combination occurred within
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`the United States—the ’087 Patent. The ’087 Accused Instrumentalities are designed in such a
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`way that when they are used for their intended purpose, the user infringes the ’087 Patent.
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`Defendant knows and intends that customers that purchase the ’087 Accused Instrumentalities
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`will use those products for their intended purpose.
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`40.
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`Defendant has been aware of the ’087 Patent and of its infringement as of a date
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`no later than the date it was served with this Complaint in this action. To the extent facts learned
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`in discovery show that Defendant’s infringement of the ’087 Patent is or has been willful, or to
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`the extent that Defendant’s actions subsequent to the filing of this Complaint—such as it
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`behavior as a litigant or its failure to take remedial actions—render its infringement egregious,
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`DSS reserves the right to request such a finding at time of trial.
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`41.
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`As a result of Defendant’s infringement of the ’087 Patent, DSS has suffered
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together
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`with interest and costs as fixed by the Court.
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`COUNT V
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`INFRINGEMENT OF THE ’787 PATENT
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`42.
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`DSS references and incorporates by reference paragraphs 1 through 42 of this
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`Complaint.
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`43.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports in the United States products and/or services that infringe various claims of the ’787
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`Patent, and continues to do so. By way of illustrative example, Defendant’s infringing products
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`include without limitation, all versions and variations, including predecessor and successor
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`14
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`models, of its XLamp line of LEDs, that include “Direct Attach,” “SC3” and/or “SC5
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`Technology,” including but not limited to its XB-D, XP-G2, XHP35, XHP35 HI, XT-E, XT-E
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`HV, XT-E Royal Blue, XT-E White, XHP50, XHP50.2, XHP70, XHP70.2 LED products, as
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`well as Daylight bulbs. Defendant’s infringing products also include products, e.g., light bulbs,
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`displays and fixtures that contain at least one infringing LED product. Defendant’s infringing
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`products are collectively referred to hereinafter as “’787 Accused Instrumentalities.”
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`44.
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`On information and belief, Defendant has directly infringed and continues to
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`directly infringe the ’787 Patent by, among other things, making, using, offering for sale, selling,
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`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.
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`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.
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`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
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`violation of 35 U.S.C. §§ 271(b) and/or 271(f). Upon information and belief, Defendant’s
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`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
`
`
`
`15
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`occurred within the United States—each and every claim limitation, including without limitation
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`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 that would infringe
`
`if such combination occurred within the United States—the ’787 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 ’787 Patent. The ’787 Accused Instrumentalities are
`
`designed in such a way that when they are used for their intended purpose, the user infringes the
`
`’787 Patent. Defendant knows and intends that customers that purchase the ’787 Accused
`
`Instrumentalities will use those products for their intended purpose