`Case 2:17-cv—04263-JVS—JCG Document 46-5 Filed 01/23/18 Page 1 of 33 Page ID #:829
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`EXHIBIT E
`EXHIBIT E
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`EXHIBIT E
`EXHIBIT E
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`Case 2:17-cv-04263-JVS-JCG Document 46-5 Filed 01/23/18 Page 2 of 33 Page ID #:830
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`RUSS AUGUST & KABAT
`Brian Ledahl (CA SB No.SBN 186579)
` bledahl@raklaw.com
`Neil A. Rubin (CA SB No.SBN 250761)
` nrubin@raklaw.com
`Jacob Buczko (CA SB No.SBN 269408)
` jbuczko@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: 310-826-7474 – Tel.
`Facsimile: 310-826-6991 – Fax
`E-mail: bledahl@raklaw.com
`E-mail: nrubin@raklaw.com
`E-mail: jbuczko@raklaw.com
`
`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
`
`Civil ActionCase No. 2:17-cv-04263-
`JVS-JCG
`
`SECOND AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`
`JURY TRIAL DEMANDED
`
`
`DOCUMENT SECURITY SYSTEMS,
`INC.,
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`v.
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`CREE, INC.,
`
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`
`
`Plaintiff,
`
`Defendant.
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`SECOND 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 46-5 Filed 01/23/18 Page 3 of 33 Page ID #:831
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`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
`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
`1
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`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`Case No. 2:17-cv-04263-JVS-JCG
`INFRINGEMENT
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`Case 2:17-cv-04263-JVS-JCG Document 46-5 Filed 01/23/18 Page 4 of 33 Page ID #:832
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`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
`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. 7,524,087
`(“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 C.
`10. DSS is the owner by assignment of United States Patent No. 7,919,787
`2
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`Case No. 2:17-cv-04263-JVS-JCG
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`(“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 D.
`11. DSS owns all rights, title, and interest in and to the ’771, ’486, ’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
`12. DSS references and incorporates by reference paragraphs 1 through 10 of
`this Complaint.
`13. 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, and SMD Full Color Side-View 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.”
`14. 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.
`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case No. 2:17-cv-04263-JVS-JCG
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`15. As an illustrative example, Defendant imports, sells and offers to sell its
`CLM1 Series Color LED products. Defendant’s CLM1 Series Color infringes, for
`example, Claim 3 of the ‘771 patent because it is a light source comprising a substrate
`having opposing first and second surfaces, the substrate defining an aperture
`extending from the first surface to the second surface, said aperture having a first
`opening in the first surface and second opening in said second surface:
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`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`16. Defendant’s CLM1 Series Color also includes a platform covering said
`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
`mounted on the platform within the aperture, and a transparent encapsulant material
`encapsulating the light emitting diode in the aperture:
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`18. Defendant’s CLM1 Series Color’s “platform” is made from thermally
`conductive material for conducting heat away from the light emitting diode because
`the “platform” comprises a metal lead frame that conducts heat away from the light
`emitting diode.
`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`19. 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.
`20.
`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
`
`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`customers that purchase the ’771 Accused Instrumentalities will use those products for
`their intended purpose.
`21. Defendant specifically intends its United States customers infringe the
`‘771 patent through use of the ‘771 Accused Instrumentalities in this country by at
`least advertising and promoting the use (e.g., hyperlinked “Application” below) of the
`‘771 Accused Instrumentalities on its United States website: See, e.g.,
`http://www.cree.com/led-components/products/smd-color/clm1-series-color.
`
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`22. Defendant also specifically intends its customers infringe the ‘771 Patent
`through use of the ‘771 Accused Instrumentalities through trade show presentations,
`customer visits, direct customer contacts and application guides. Defendant also
`specifically intends its customers to infringe the ‘771 Patent through selling ‘771
`Accused Instrumentalities overseas with the specific intent that the customer import,
`offer to sell, and/or sell the ‘771 Accused Instrumentalities in order to develop and
`serve the United States market for Defendant’s LED products, either alone or used in
`products such as bulbs, displays and/or fixtures. Such customers include Defendant’s
`LED distributors, consumer products companies and retailers that serve the United
`States market. See http://www.cree.com/led-components/where-to-buy, naming
`Arrow Americas, Avnet, Digi-Key, Mouser Electronics, and WPG Americas as
`United States “Distributor[s].”
`23. Defendant has been aware of the ’771 Patent and of its infringement as of
`a date no later than March 24, 2014, when during the prosecution of Defendant’s
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`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`Case No. 2:17-cv-04263-JVS-JCG
`INFRINGEMENT
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`patent that issued as US 8,860,043, the USPTO examiner cited and rejected claims of
`Defendant’s patent application in view of the ‘771 Patent. Thereafter, Defendant cited
`the ‘771 Patent in many of its patent applications, including during prosecution of
`patents that issued to US 8,866,166 (cited in Defendant’s Information Disclosure
`Statement on April 17, 2014); US 8,878,217 (cited in Defendant’s Information
`Disclosure Statement on April 17, 2014); US 9,111,778 (cited in Defendant’s
`Information Disclosure Statement on May 5, 2014); US 9,123,874 (cited in
`Defendant’s Information Disclosure Statement on April 17, 2014). Defendant also
`had knowledge of the ‘771 Patent at least as of the date it was served with the
`Complaint in case 2:17-cv-309, which was filed on April 13, 2017. To the extent
`facts learned in discovery show that Defendant’s infringement of the ’771 Patent is or
`has been willful and/or egregious, 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 trialSince that date, Defendant has failed to investigate and
`remedy its infringement of the ‘771 Patent and thus willfully and egregiously
`continues to infringe the ‘771 Patent. On information and belief, Defendant continues
`to offer infringing products without having modified or altered those products in a
`manner that would not infringe the ‘771 patent. Defendant, at the very least, has been
`egregiously and willfully blind to infringement of the ‘771 Patent. Further evidence
`of Defendant’s egregious and willful infringement are the acts of active inducement
`described in this Complaint. Defendant actively induces and encourages customers to
`make, use, sell, offer to sell and/or import the ‘771 Accused Instrumentalities with
`knowledge that these acts constitute infringement of the ‘771 Patent, with the purpose
`of, inter alia, developing and serving the United States market for Defendant’s LED
`products and consumer devices that include Defendant’s products.
`24. 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
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`INFRINGEMENT
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`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
`25. DSS references and incorporates by reference paragraphs 1 through 24 of
`this Complaint.
`26. 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.”
`27. 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.
`
`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`28. As an illustrative example, Defendant imports, sells and offers to sell its
`XLamp XB-D LED products. Defendant’s XLamp XB-D infringes, for example,
`Claim 1 of the ‘486 patent because it is a semiconductor device comprising a
`substantially planar substrate having opposed major surfaces:
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`29. Defendants XLamp XB-D also includes an electrically conductive
`mounting pad located on one of the major surfaces of the substrate:
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`FIRSTSECOND 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 46-5 Filed 01/23/18 Page 13 of 33 Page ID
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`30. Defendant’s XLamp XB-D also includes an LED having a metallized
`bottom major surface that is mounted on the electrically conductive mounting pad, the
`metallized bottom major surface comprising one of an anode and a cathode of the
`LED:
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`31. Defendant’s XLamp XB-D also includes a first electrically conductive
`connecting pad located on the other of the major surfaces of the substrate:
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`FIRSTSECOND 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 46-5 Filed 01/23/18 Page 14 of 33 Page ID
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`32. Defendant’s XLamp XB-D also includes a first electrically conductive
`interconnecting element extending through the substrate and electrically
`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
`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.
`34.
`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
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`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`Case No. 2:17-cv-04263-JVS-JCG
`INFRINGEMENT
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`Case 2:17-cv-04263-JVS-JCG Document 46-5 Filed 01/23/18 Page 15 of 33 Page ID
` #:843
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`’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.
`35. Defendant specifically intends its United States customers infringe the
`‘486 patent through use of the ‘486 Accused Instrumentalities in this country by at
`least advertising and promoting the use (e.g., hyperlinked “Application” below) of the
`‘486 Accused Instrumentalities on its United States website: See, e.g.,
`http://www.cree.com/led-components/products/xlamp-leds-discrete/xlamp-xb-d.
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`FIRSTSECOND 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 46-5 Filed 01/23/18 Page 16 of 33 Page ID
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`36. Defendant also specifically intends its customers infringe the ‘486 Patent
`through use of the ‘486 Accused Instrumentalities through trade show presentations,
`customer visits, direct customer contacts and application guides. Defendant also
`specifically intends its customers to infringe the ‘486 Patent through selling ‘486
`Accused Instrumentalities overseas with the specific intent that the customer import,
`offer to sell, and/or sell the ‘486 Accused Instrumentalities in order to develop and
`serve the United States market for Defendant’s LED products, either alone or used in
`products such as bulbs, displays and/or fixtures. Such customers include Defendant’s
`LED distributors, consumer products companies and retailers that serve the United
`States market. See http://www.cree.com/led-components/where-to-buy, naming
`Arrow Americas, Avnet, Digi-Key, Mouser Electronics, and WPG Americas as
`United States “Distributor[s].”
`37. 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 the Complaint in case 2:17-cv-309,
`which was filed on April 13, 2017. To the extent facts learned in discovery show that
`Defendant’s infringement of the ’486 Patent is or has been willful and/or egregious, 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
`trialSince that date, Defendant has failed to investigate and remedy its infringement of
`the ‘486 Patent and thus willfully and egregiously continues to infringe the ‘486
`Patent. On information and belief, Defendant continues to offer infringing products
`without having modified or altered those products in a manner that would not infringe
`the ‘486 patent. Defendant, at the very least, has been egregiously and willfully blind
`to infringement of the ‘486 Patent. Further evidence of Defendant’s egregious and
`willful infringement are the acts of active inducement described in this Complaint.
`Defendant actively induces and encourages customers to make, use, sell, offer to sell
`and/or import the ‘486 Accused Instrumentalities with knowledge that these acts
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`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`Case No. 2:17-cv-04263-JVS-JCG
`INFRINGEMENT
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`Case 2:17-cv-04263-JVS-JCG Document 46-5 Filed 01/23/18 Page 17 of 33 Page ID
` #:845
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`constitute infringement of the ‘486 Patent, with the purpose of, inter alia, developing
`and serving the United States market for Defendant’s LED products and consumer
`devices that include Defendant’s products.
`38. 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 ’087 PATENT
`39. DSS references and incorporates by reference paragraphs 1 through 38 of
`this Complaint.
`40. 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, XLamp ML-E,
`PLCC4 3 in 1 SMD LED (CLM, CLV, CLX, CLY and SLV Series), 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.”
`41. 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
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`FIRSTSECOND AMENDED COMPLAINT FOR PATENT
`Case No. 2:17-cv-04263-JVS-JCG
`INFRINGEMENT
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`Case 2:17-cv-04263-JVS-JCG Document 46-5 Filed 01/23/18 Page 18 of 33 Page ID
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`claims of the ’087 Patent’s including at least claim 1 because they contain each
`element of that claim.
`42. As an illustrative example, Defendant imports, sells and offers to sell its
`XLamp ML-B LED products. Defendant’s XLamp ML-B infringes, for example,
`Claim 1 of the ‘087 patent because it is an optical device comprising a lead frame with
`a plurality of leads:
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`43. Defendant’s XLamp ML-B also includes a reflector housing formed
`around the lead frame, the reflector housing having a first end face and a second end
`face and a peripheral sidewall extending between the first end face and the second end
`face, the reflector housing having a first pocket with a pocket opening in the first end
`face and a second pocket opening in the second end face. The pocket opening in the
`second end face is filled with the “Die Heatsink”:
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`FIRSTSECOND 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 46-5 Filed 01/23/18 Page 19 of 33 Page ID
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`44. Defendant’s XLamp ML-B also includes at least one LED die mounted
`in the first pocket of the reflector housing and a light transmitting encapsulant
`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
`compartments formed in the peripheral sidewall of the reflector housing:
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`46. 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.
`
`FIRSTSECOND 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 46-5 Filed 01/23/18 Page 20 of 33 Page ID
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`47.
`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