Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 1 of 20 Page ID #:757
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`Exhibit A
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`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 1 of 19 Page ID #:656Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 2 of 20 Page ID #:758
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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
`bledahl@raklaw.com
`nrubin@raklaw.com
`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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`
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`Plaintiff,
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`v.
`
`
`Case. No. 8:17-cv-00981-JVS-JCG
`
`
`SECOND AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`
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`JURY TRIAL DEMANDED
`SEOUL SEMICONDUCTOR CO., LTD.,
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`and SEOUL SEMICONDUCTOR, INC.,
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`Defendants.
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`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`1
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`Case No. 8:17-cv-00981
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`Exhibit A Page 3
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`

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`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 2 of 19 Page ID #:657Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 3 of 20 Page ID #:759
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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 Defendants Seoul
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`Semiconductor Co., Ltd. (“Seoul Korea”) and Seoul Semiconductor, Inc. (“Seoul
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`America”) (collectively “Seoul” or “Defendants”).
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`PARTIES
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`1.
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`Document Security Systems, Inc. is a publicly-traded New York
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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.
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`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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`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.
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`3. On information and belief, Seoul Semiconductor Co., Ltd. is a corporation
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`organized and existing under the laws of the Republic of Korea with its principal place
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`of business at 1B-25, 727, Wonsi- dong, Danwon-gu, Ansan-city, Gyeonggi-do,
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`Korea 425-851. Upon information and belief, Seoul Korea manufactures light-
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`emitting diode (“LED”) products in Korea and, through its subsidiary, Defendant
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`Seoul America, has sales offices in the United States. Defendant Seoul Korea can be
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`served with process in Korea pursuant to the Hague Convention on the Service
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`Abroad of Judicial and Extrajudicial Documents, Article 1, November 15, 1965
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`T.I.A.S. No. 6638, 20 U.S.T. 361 (U.S. Treaty 1969).
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`4. On information and belief, Seoul Semiconductor, Inc. is a California
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`corporation with its principal place of business at 1895 Beaver Ridge Circle, Suite G,
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`Norcross, Georgia 30071. Upon information and belief, Seoul America sells and/or
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`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`2
`
`Case No. 8:17-cv-00981
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`Exhibit A Page 4
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`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 3 of 19 Page ID #:658Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 4 of 20 Page ID #:760
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`offers for sale nationwide LED products manufactured by Seoul Korea, including in
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`the State of California and in this judicial district. Defendant Seoul America can be
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`served through its registered agent, Jiyoon Jun, 5856 Corporate Avenue, Suite 240,
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`Cypress, California 90630.
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`JURISDICTION AND VENUE
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`5. 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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`6. This Court has personal jurisdiction over Defendants in this action because,
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`among other reasons, Defendants have committed acts within the Central District of
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`California giving rise to this action and have established minimum contacts with the
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`forum state of California. Defendants directly and/or through subsidiaries or
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`intermediaries (including distributors, retailers, and others), have committed and
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`continue 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, Defendants have purposefully availed
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`themselves of the benefits of doing business in the State of California and the exercise
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`of jurisdiction over Defendants would not offend traditional notions of fair play and
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`substantial justice.
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`7. Venue is proper in this District under 28 U.S.C. §§ 1391 (b)-(c) and 1400(b)
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`because Defendants have a regular and established place of business in this District
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`and have committed acts of patent infringement in this District. Defendants, for
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`example, have a regular and established place of business at 5856 Corporate Ave, No.
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`240, Cypress, CA 90630, which is located in Orange County.
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`8. DSS is the owner by assignment of United States Patent No. 6,949,771 (“the
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`BACKGROUND
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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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`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`3
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`Case No. 8:17-cv-00981
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`Exhibit A Page 5
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`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 4 of 19 Page ID #:659Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 5 of 20 Page ID #:761
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`correct copy of the ’771 Patent is included as Exhibit A.
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`9. DSS is the owner by assignment of United States Patent No. 7,524,087 (“the
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`’087 Patent”) entitled “Optical Device.” The ’087 Patent was duly and legally issued
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`by the United States Patent and Trademark Office on April 28, 2009. A true and
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`correct copy of the ’087 Patent is included as Exhibit B.
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`10. DSS is the owner by assignment of United States Patent No. 7,256,486
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`(“the ’486 Patent”) entitled “Packing Device for Semiconductor Die, Semiconductor
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`Device Incorporating Same and Method of Making Same.” The ’486 Patent was duly
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`and legally issued by the United States Patent and Trademark Office on August 14,
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`2007. A true and correct copy of the ’486 Patent is included as Exhibit C
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`11. DSS owns all rights, title, and interest in and to the ’771, ‘087 and ‘486
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`Patents (collectively, “asserted patents” or “patents-in-suit”), including all rights to
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`sue and recover for past and future infringement.
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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. Defendants make, use, offer for sale, sell, and/or import in the United
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`States products and/or services that infringe various claims of the ’771 Patent, and
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`continues to do so. By way of illustrative example, Defendants’ infringing products
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`include without limitation, all versions and variations, including predecessor and
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`successor models, of its T6 Series LEDs, SFT-722NS, and LEDs including the 3020,
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`3030 (automotive), 3528, and 5630 (automotive) packages. Defendants’ infringing
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`products also include products, e.g., light bulbs, displays and fixtures that contain at
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`least one infringing LED product. Defendants’ infringing products are collectively
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`referred to hereinafter as “’771 Accused Instrumentalities.”
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`14. As an illustrative example, Defendants import, sell and offer to sell their
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`802 Series (Automotive) LED products. Defendants’ 802 Series (Automotive)
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`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`4
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`Case No. 8:17-cv-00981
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`Exhibit A Page 6
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`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 5 of 19 Page ID #:660Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 6 of 20 Page ID #:762
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`infringes, for example, Claim 3 of the ‘771 patent because it is a light source
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`comprising a substrate having opposing first and second surfaces, the substrate
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`defining an aperture extending from the first surface to the second surface, said
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`aperture having a first opening in the first surface and second opening in said second
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`surface:
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`15. Defendants’ 802 Series (Automotive) also includes a platform covering said
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`first opening, said platform being located outside said aperture:
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`16. Defendants’ 802 Series (Automotive) 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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`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`5
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`Case No. 8:17-cv-00981
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`Exhibit A Page 7
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`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 6 of 19 Page ID #:661Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 7 of 20 Page ID #:763
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`17. Defendants’ 802 Series’ (Automotive) “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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`18. Defendants have directly infringed and continue to directly infringe the ’771
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`Patent by, among other things, making, using, offering for sale, selling, and/or
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`importing the ’771 Accused Instrumentalities. Such products and/or services are
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`covered by one or more claims of the ’771 Patent’s including at least claims 1 to 8
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`because they contain each element of those claims.
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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, Defendants have injured DSS
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`and are liable to DSS for infringement of the ’771 Patent pursuant to 35 U.S.C. §
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`271(a) directly and/or under the doctrine of equivalents.
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`20.
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`In addition, Defendants are actively inducing others, such as their
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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 each and every claim limitation,
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`including without limitation claims 1 to 8 of the ’771 Patent, in violation of 35 U.S.C.
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`§ 271(b). Defendants’ customers and/or end users have directly infringed and are
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`directly infringing each and every claim limitation, including without limitation
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`claims 1 to 8 of the ’771 Patent. Defendants have had actual knowledge of the ’771
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`Patent at least as of service of this Complaint. Defendants are knowingly inducing
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`their customers and/or end users to directly infringe the ’771 Patent, with the specific
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`intent to encourage such infringement, and knowing that the induced acts constitute
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`patent infringement. Defendants’ inducement includes, for example, providing
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`technical guides, product data sheets, demonstrations, software and hardware
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`specifications, installation guides, and other forms of support that induce their
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`customers and/or end users to directly infringe 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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`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`6
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`Case No. 8:17-cv-00981
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`Exhibit A Page 8
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`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 7 of 19 Page ID #:662Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 8 of 20 Page ID #:764
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`purpose, the user infringes the ’771 Patent. Defendants know and intend 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. Defendants specifically intend their 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 their United States website: See, e.g.,
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`http://www.seoulsemicon.com/en/applications/. Defendant also specifically intends its
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`customers infringe the ‘771 Patent through use of the ‘771 Accused Instrumentalities
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`through trade show presentations, customer visits, direct customer contacts and
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`application guides. Defendants also specifically intend its customers infringe the ‘771
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`Patent through selling ‘771 Accused Instrumentalities overseas with the specific intent
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`that the customer import, offer to sell, and/or sell the ‘771 Accused Instrumentalities
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`in order to develop and serve the United States market for Defendant’s LED products,
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`either alone or used in products such as bulbs, displays, consumer products and/or
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`fixtures. Such customers include Defendant’s LED distributors, consumer products
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`companies and retailers that serve the United States market. See
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`http://www.seoulsemicon.com/en/support/where-to-buy/, naming Avnet, Digi-Key,
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`Mouser Electronics, and WPG Americas as United States distributors of Defendants’
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`products.
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`22. Defendants have been aware of the ’771 Patent and of its infringement as
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`of a date no later than the date they were served with the complaint in the case 2:17-
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`cv-308, filed April 13, 2017. Since that date, Defendants have failed to investigate
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`and remedy their infringement of the ‘771 Patent and thus willfully and egregiously
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`continue to infringe the ‘771 Patent. On information and belief, Defendants continued
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`to offer infringing products without having modified or altered those products in a
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`manner that would not infringe the ‘771 patent. Defendants, at the very least, have
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`been egregiously and willfully blind to infringement of the ‘771 Patent. Further
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`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`7
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`Case No. 8:17-cv-00981
`
`Exhibit A Page 9
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`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 8 of 19 Page ID #:663Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 9 of 20 Page ID #:765
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`evidence of Defendants’ egregious and willful infringement are the acts of active
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`inducement described in this Complaint. Defendants actively induce and encourage
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`customers to make, use, sell, offer to sell and/or import the ‘771 Accused
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`Instrumentalities with knowledge that these acts constitute infringement of the ‘771
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`Patent, with the purpose of, inter alia, developing and serving the United States
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`market for Defendants’ LED products and consumer devices that include Defendants’
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`products.
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`23. As a result of Defendants’ infringement of the ’771 Patent, DSS has
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`suffered monetary damages in an amount adequate to compensate for Defendants’
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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 Defendants, together with interest and costs as fixed by the Court.
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`COUNT II
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`INFRINGEMENT OF THE ’087 PATENT
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`24. DSS references and incorporates by reference paragraphs 1 through 23 of
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`this Complaint. Defendants make, use, offer for sale, sell, and/or import in the United
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`States products and/or services that infringe various claims of the ’087 Patent, and
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`continues to do so. By way of illustrative example, Defendants’ infringing products
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`include without limitation, all versions and variations, including predecessor and
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`successor models, of its SFT722N-S LED, 801 Series (Auto), 802 Series (Auto), 825
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`Series, 3528, 3528 (white), MJT 3528, and 6050 packages. Defendants’ infringing
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`products also include products, e.g., light bulbs, displays and fixtures that contain at
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`least one infringing LED product. Defendants’ infringing products are collectively
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`referred to hereinafter as “’087 Accused Instrumentalities.”
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`25. Defendants have directly infringed and continue to directly infringe the
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`’087 Patent by, among other things, making, using, offering for sale, selling, and/or
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`importing the ’087 Accused Instrumentalities. Such products and/or services are
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`covered by one or more claims of the ’087 Patent’s including at least claim 1 because
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`they contain each element of that claim.
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`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`8
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`Case No. 8:17-cv-00981
`
`Exhibit A Page 10
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`

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`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 9 of 19 Page ID #:664Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 10 of 20 Page ID
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`26. As an illustrative example, Defendants import, sell and offer to sell its 825
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`Series LED products. Defendants’ 825 Series infringes, for example, Claim 1 of the
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`‘087 patent because it is an optical device comprising a lead frame with a plurality of
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`leads:
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`27. Defendants’ 825 Series LED 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.
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`
`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`9
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`Case No. 8:17-cv-00981
`
`Exhibit A Page 11
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`

`

`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 10 of 19 Page ID #:665Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 11 of 20 Page ID
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` #:767
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`28. Defendants’ 825 Series LEDs 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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`29. Defendants’ 825 Series LEDs includes a plurality of lead receiving
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`compartments formed in the peripheral sidewall of the reflector housing:
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`30. By making, using, offering for sale, selling, and/or importing the ’087
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`Accused Instrumentalities infringing the ’087 Patent, Defendants have injured DSS
`
`and are 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.
`
`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`10
`
`Case No. 8:17-cv-00981
`
`Exhibit A Page 12
`
`

`

`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 11 of 19 Page ID #:666Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 12 of 20 Page ID
`
` #:768
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`1
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`31.
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`In addition, Defendants are actively inducing others, such as their
`
`customers and end users of Accused Instrumentalities, services based thereupon, and
`
`related products and/or processes, to directly infringe each and every claim limitation,
`
`including without limitation claim 1 of the ’087 Patent, in violation of 35 U.S.C. §
`
`271(b). Defendants’ customers and/or end users have directly infringed and are
`
`directly infringing each and every claim limitation, including without limitation claim
`
`1 of the ’087 Patent. Defendants have had actual knowledge of the ’087 Patent at
`
`least as of service of this Complaint. Defendants are knowingly inducing their
`
`customers and/or end users to directly infringe the ’087 Patent, with the specific intent
`
`10
`
`to encourage such infringement, and knowing that the induced acts constitute patent
`
`11
`
`infringement. Defendants’ inducement includes, for example, providing technical
`
`12
`
`guides, product data sheets, demonstrations, software and hardware specifications,
`
`13
`
`installation guides, and other forms of support that induce their customers and/or end
`
`14
`
`users to directly infringe the ’087 Patent. The ’087 Accused Instrumentalities are
`
`15
`
`designed in such a way that when they are used for their intended purpose, the user
`
`16
`
`infringes the ’087 Patent. Defendants know and intend that customers that purchase
`
`17
`
`the ’087 Accused Instrumentalities will use those products for their intended purpose.
`
`18
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`32. Defendants specifically intend their United States customers infringe the
`
`19
`
`‘087 patent through use of the ‘087 Accused Instrumentalities in this country by at
`
`20
`
`least advertising and promoting the use (e.g., hyperlinked “Application” below) of the
`
`21
`
`‘087 Accused Instrumentalities on their United States website: See, e.g.,
`
`22
`
`http://www.seoulsemicon.com/en/applications/. Defendant also specifically intends its
`
`23
`
`customers infringe the ‘087 Patent through use of the ‘087 Accused Instrumentalities
`
`24
`
`through trade show presentations, customer visits, direct customer contacts and
`
`25
`
`application guides. Defendants also specifically intend its customers infringe the ‘087
`
`26
`
`Patent through selling ‘087 Accused Instrumentalities overseas with the specific intent
`
`27
`
`that the customer import, offer to sell, and/or sell the ‘087 Accused Instrumentalities
`
`28
`
`in order to develop and serve the United States market for Defendant’s LED products,
`
`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`11
`
`Case No. 8:17-cv-00981
`
`Exhibit A Page 13
`
`

`

`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 12 of 19 Page ID #:667Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 13 of 20 Page ID
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` #:769
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`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`either alone or used in products such as bulbs, displays, consumer products and/or
`
`fixtures. Such customers include Defendant’s LED distributors, consumer products
`
`companies and retailers that serve the United States market. See
`
`http://www.seoulsemicon.com/en/support/where-to-buy/, naming Avnet, Digi-Key,
`
`Mouser Electronics, and WPG Americas as United States distributors of Defendants’
`
`products.
`
`33. Defendants have been aware of the ’087 Patent and of its infringement as of
`
`a date no later than the date they were served with the complaint in the case 2:17-cv-
`
`308, filed April 13, 2017. Since that date, Defendants have failed to investigate and
`
`10
`
`remedy their infringement of the ‘087 Patent and thus willfully and egregiously
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`11
`
`continue to infringe the ‘087 Patent. On information and belief, Defendants continued
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`12
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`to offer infringing products without having modified or altered those products in a
`
`13
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`manner that would not infringe the ‘087 patent. Defendants, at the very least, have
`
`14
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`been egregiously and willfully blind to infringement of the ‘087 Patent. Further
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`15
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`evidence of Defendants’ egregious and willful infringement are the acts of active
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`16
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`inducement described in this Complaint. Defendants actively induce and encourage
`
`17
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`customers to make, use, sell, offer to sell and/or import the ‘087 Accused
`
`18
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`Instrumentalities with knowledge that these acts constitute infringement of the ‘087
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`19
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`Patent, with the purpose of, inter alia, developing and serving the United States
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`20
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`market for Defendants’ LED products and consumer devices that include Defendants’
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`21
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`products.
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`22
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`34. As a result of Defendants’ infringement of the ’087 Patent, DSS has
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`23
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`suffered monetary damages in an amount adequate to compensate for Defendants’
`
`24
`
`infringement, but in no event less than a reasonable royalty for the use made of the
`
`25
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`invention by Defendants, together with interest and costs as fixed by the Court.
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`26
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`27
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`28
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`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`12
`
`Case No. 8:17-cv-00981
`
`Exhibit A Page 14
`
`

`

`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 13 of 19 Page ID #:668Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 14 of 20 Page ID
`
` #:770
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`1
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`9
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`COUNT III
`
`INFRINGEMENT OF THE ’486 PATENT
`
`35. DSS references and incorporates by reference paragraphs 1 through 24 of
`
`this Complaint.
`
`36. On information and belief, Defendants make, use, offer for sale, sell,
`
`and/or import 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,
`
`Defendants’ infringing products include without limitation, all versions and variations,
`
`including predecessor and successor models, of its ZPower LED – Z5M, Z5M0,
`
`10
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`Z5M1, Z5M2, Z5P, Z5, Z7, Z7-F, Z6, and P5 II LED products. Defendants’ infringing
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`11
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`products also include products, e.g., light bulbs, displays and fixtures that contain at
`
`12
`
`least one infringing LED product. Defendants’ infringing products are collectively
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`13
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`referred to hereinafter as “’486 Accused Instrumentalities.”
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`14
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`37. On information and belief, Defendants have directly infringed and
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`15
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`continues to directly infringe the ’486 Patent by, among other things, making, using,
`
`16
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`offering for sale, selling, and/or importing the ’486 Accused Instrumentalities. On
`
`17
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`information and belief, such products are covered by one or more claims of the ’486
`
`18
`
`Patent including at least claim 1 because they contain each element of that claim.
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`19
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`38.
`
` As an illustrative example, Defendant imports, sells and offers to sell its
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`20
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`Z5 LED products. Defendant’s Z5 infringes, for example, Claim 1 of the ‘486 patent
`
`21
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`because it is a semiconductor device comprising a substantially planar substrate
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`22
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`having opposed major surfaces:
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`23
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`24
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`25
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`26
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`27
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`28
`
`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`13
`
`Case No. 8:17-cv-00981
`
`Exhibit A Page 15
`
`

`

`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 14 of 19 Page ID #:669Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 15 of 20 Page ID
`
` #:771
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`39. Defendants’ Z5 also includes an electrically conductive mounting pad
`
`located on one of the major surfaces of the substrate:
`
`
`
`40. Defendants’ Z5 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:
`
`
`
`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`14
`
`Case No. 8:17-cv-00981
`
`Exhibit A Page 16
`
`

`

`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 15 of 19 Page ID #:670Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 16 of 20 Page ID
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` #:772
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`
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`41. Defendants’ Z5 also includes a first electrically conductive connecting
`
`pad located on the other of the major surfaces of the substrate:
`
`
`
`42. Defendants’ Z5 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:
`
`
`
`
`
`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`15
`
`Case No. 8:17-cv-00981
`
`Exhibit A Page 17
`
`

`

`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 16 of 19 Page ID #:671Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 17 of 20 Page ID
`
` #:773
`
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`1
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`26
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`28
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`
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`43. By making, using, offering for sale, selling, and/or importing the ’486
`
`Accused Instrumentalities infringing the ’486 Patent, Defendants have 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.
`
`44.
`
`In addition, Defendants are actively inducing others, such as their
`
`customers and end users of Accused Instrumentalities, services based thereupon, and
`
`related products and/or processes, to directly infringe each and every claim limitation,
`
`including without limitation claim 1 of the ‘486 Patent, in violation of 35 U.S.C. §
`
`271(b). Defendants’ customers and/or end users have directly infringed and are
`
`directly infringing each and every claim limitation, including without limitation claim
`
`1 of the ‘486 Patent. Defendants have had actual knowledge of the ‘486 Patent at
`
`least as of service of this Complaint. Defendants are knowingly inducing their
`
`customers and/or end users to directly infringe the ‘486 Patent, with the specific intent
`
`to encourage such infringement, and knowing that the induced acts constitute patent
`
`infringement. Defendants’ inducement includes, for example, providing technical
`
`guides, product data sheets, demonstrations, software and hardware specifications,
`
`installation guides, and other forms of support that induce their customers and/or end
`
`users to directly infringe the ‘486 Patent. The ’087 Accused Instrumentalities are
`
`designed in such a way that when they are used for their intended purpose, the user
`
`SECOND AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`16
`
`Case No. 8:17-cv-00981
`
`Exhibit A Page 18
`
`

`

`Case 8:17-cv-00981-JVS-JCG Document 40 Filed 11/16/17 Page 17 of 19 Page ID #:672Case 8:17-cv-00981-JVS-JCG Document 45-3 Filed 12/04/17 Page 18 of 20 Page ID
`
` #:774
`
`
`
`1
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`2
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`3
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`4
`
`5
`
`6
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`7
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`8
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`9
`
`infringes the ‘486 Patent. Defendants know and intend that customers that purchase
`
`the ‘486 Accused Instrumentalities will use those products for their intended purpose.
`
`45. Defendants specifically intend their 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 their United States website: See, e.g.,
`
`http://www.seoulsemicon.com/en/applications/. 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
`
`10
`
`application guides. Defendants also specifically intend its customers infringe the ‘486
`
`11
`
`Patent through selling ‘486 Accused Instrumentalities overseas with the specific intent
`
`12
`
`that the customer import, offer to sell, and/or sell the ‘486 Accused Instrumentalities
`
`13
`
`in order to develop and serve the United States market for Defendant’s LED products,
`
`14
`
`either alone or used in products such as bulbs, displays, consumer products and/or
`
`15
`
`fixtures. Such customers include Defendant’s LED distributors, consumer products
`
`16
`
`companies and retailers that serve the United States market. See
`
`17
`
`http://www.seoulsemicon.com/en/support/where-to-buy/, naming Avnet, Digi-Key,
`
`18
`
`Mouser Electronics, and WPG Americas as United States distributors of Defendants’
`
`19
`
`products.
`
`20
`
`46. Defendants have been aware of the ‘486 Patent and of its infringement as
`
`21
`
`of a date no later than the date they were serve