Case 1:16-cv-00681-RGA Document 1 Filed 08/08/16 Page 1 of 8 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No.
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`DEMAND FOR JURY TRIAL
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`Plaintiff,
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`v.
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`NICHIA CORPORATION,
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`TCL MULTIMEDIA TECHNOLOGY
`HOLDINGS, LTD. and TTE
`TECHNOLOGY, INC.,
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`Defendants.
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`COMPLAINT
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`Plaintiff Nichia Corporation (“Nichia”) brings this action for patent infringement against
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`Defendants TCL Multimedia Technology Holdings, Ltd. (“TCL Multimedia”) and TTE
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`Technology, Inc. (“TTE”) (collectively, “Defendants”) and alleges as follows:
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`The Parties
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`1.
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`Nichia is a corporation organized and existing under the laws of Japan, and has a
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`principal place of business at 491 Oka, Kaminaka-Cho, Anan-Shi, Tokushima, Japan 774-8601.
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`2.
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`Upon information and belief, TCL Multimedia is a limited liability company
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`organized under the laws of the Cayman Islands with a principal place of business at 13/F TCL
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`Tower, 8 Tai Chung Road, Tsuen Wan New Territories, Hong Kong SAR, China.
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`3.
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`Upon information and belief, TTE is a Delaware corporation with its place of
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`business at 2455 Anselmo Drive, Corona, California. TTE is a subsidiary of TCL Multimedia.
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`Jurisdiction and Venue
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`4.
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`This action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq.
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`This Court has subject matter jurisdiction over this action for patent infringement under
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`28 U.S.C. §§ 1331 and 1338(a).
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`Case 1:16-cv-00681-RGA Document 1 Filed 08/08/16 Page 2 of 8 PageID #: 2
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`5.
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`This Court has personal jurisdiction over Defendants. Upon information and
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`belief, Defendants have conducted and do conduct business within the State of Delaware.
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`Defendants directly or through intermediaries, including, for example, distributors or retailers,
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`sell, offer for sale, advertise, distribute, and/or transport in or to the State of Delaware products
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`that infringe Nichia’s patents, which has caused and continues to cause injury to Nichia within
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`the State of Delaware.
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`6.
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`Upon information and belief, Defendants have committed, and continue to
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`commit, acts of infringement in the State of Delaware. For example, on information and belief,
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`Defendants, separately or in concert, have intentionally placed into the stream of commerce
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`products infringing Nichia’s patents and enter the State of Delaware, which has caused and
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`continues to cause Nichia injury within the State of Delaware.
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`7.
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`Upon information and belief, Defendants, separately or in concert, purposefully
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`directed and made available for sale in the State of Delaware products that infringe Nichia’s
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`patents, which has caused and continues to cause injury to Nichia within the State of Delaware.
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`8.
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`Upon information and belief, Defendants, separately or in concert, intended and
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`continues to intend to serve the consumer market in the State of Delaware with products that
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`infringe Nichia’s patents by marketing or having marketed, promoting or having promoted,
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`distributing or having distributed, selling or having sold, or offering for sale or having offered for
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`sale such products in the State of Delaware and, as a result of this conduct, products that infringe
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`Nichia’s patents have been used, sold, and/or offered for sale in the State of Delaware, which has
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`caused and continues to cause injury to Nichia within the state of Delaware.
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`9.
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`This Court also has personal jurisdiction over Defendant TTE because it is
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`incorporated in the State of Delaware.
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`2
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`Case 1:16-cv-00681-RGA Document 1 Filed 08/08/16 Page 3 of 8 PageID #: 3
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`10.
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`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`Count I
`(Infringement of U.S. Patent No. 7,915,631)
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`11.
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`Nichia re-alleges and incorporates the allegations of all prior paragraphs of this
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`Complaint as if set forth in their entirety herein.
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`12.
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`Nichia is the assignee and owner of all rights, title, and interest in and to U.S.
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`Patent No. 7,915,631 (“the ’631 patent”), entitled “Light Emitting Device and Display,” which
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`was duly and legally issued by the United States Patent and Trademark Office on March 29,
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`2011. A true and correct copy of the ’631 patent is attached hereto as Exhibit A and is
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`incorporated herein by reference.
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`13.
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`Upon information and belief, Defendants have infringed and continue to infringe
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`at least claims 1 and 4 of the ’631 patent under 35 U.S.C. § 271(a). The infringing activities
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`include, but are not limited to, the use, sale, importation, and/or offer for sale, without authority,
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`of LED televisions that fall within the scope of the claims of the ’631 patent, including, but not
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`limited to, the TCL 48" Class Television (48FD2700) (the “48" Class Television”).
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`14.
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`Upon information and belief, the 48" Class Television satisfies the limitations of
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`at least claims 1 and 4 of the ’631 patent.
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`15.
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`16.
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`Nichia has no adequate remedy at law for Defendants’ acts of infringement.
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`As a direct and proximate result of Defendants’ acts of infringement, Nichia has
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`suffered and continues to suffer damages and irreparable harm. Unless Defendants’ acts of
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`infringement are enjoined by this Court, Nichia will continue to be damaged and irreparably
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`harmed.
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`3
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`Case 1:16-cv-00681-RGA Document 1 Filed 08/08/16 Page 4 of 8 PageID #: 4
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`Count II
`(Infringement of U.S. Patent No. 7,901,959)
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`17.
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`Nichia re-alleges and incorporates the allegations of all prior paragraphs of this
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`Complaint as if set forth in their entirety herein.
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`18.
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`Nichia is the assignee and owner of all rights, title, and interest in and to U.S.
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`Patent No. 7,901,959 (“the ’959 patent”), entitled “Liquid Crystal Display and Back Light
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`Having a Light Emitting Diode,” which was duly and legally issued by the United States Patent
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`and Trademark Office on March 8, 2011. A true and correct copy of the ’959 patent is attached
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`hereto as Exhibit B and is incorporated herein by reference.
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`19.
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`Upon information and belief, Defendants have infringed and continue to infringe
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`at least claims 1 and 9 of the ’959 patent under 35 U.S.C. § 271(a). The infringing activities
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`include, but are not limited to, the use, sale, importation, and/or offer for sale, without authority,
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`of LED televisions that fall within the scope of the claims of the ’959 patent, including, but not
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`limited to, the 48" Class Television.
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`20.
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`Upon information and belief, the 48" Class Television satisfies the limitations of
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`at least claims 1 and 9 of the ’959 patent.
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`21.
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`22.
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`Nichia has no adequate remedy at law for Defendants’ acts of infringement.
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`As a direct and proximate result of Defendants’ acts of infringement, Nichia has
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`suffered and continues to suffer damages and irreparable harm. Unless Defendants’ acts of
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`infringement are enjoined by this Court, Nichia will continue to be damaged and irreparably
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`harmed.
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`4
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`Case 1:16-cv-00681-RGA Document 1 Filed 08/08/16 Page 5 of 8 PageID #: 5
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`Count III
`(Infringement of U.S. Patent No. 8,309,375)
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`23.
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`Nichia re-alleges and incorporates the allegations of all prior paragraphs of this
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`Complaint as if set forth in their entirety herein.
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`24.
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`Nichia is the assignee and owner of all rights, title, and interest in and to U.S.
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`Patent No. 8,309,375 (“the ’375 patent”), entitled “Light Emitting Device and Display,” which
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`was duly and legally issued by the United States Patent and Trademark Office on November 13,
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`2012. A true and correct copy of the ’375 patent is attached hereto as Exhibit C and is
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`incorporated herein by reference.
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`25.
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`Upon information and belief, Defendants have infringed and continue to infringe
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`at least claim 4 of the ’375 patent under 35 U.S.C. § 271(g). The infringing activities include, but
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`are not limited to, the use, sale, importation, and/or offer for sale, without authority, of LED
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`televisions, which include products made by a process that falls within the scope of the claims of
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`the ’375 patent, including, but not limited to, the 48" Class Television.
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`26.
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`Upon information and belief, the 48" Class Television satisfies the limitations of
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`at least claim 4 of the ’375 patent.
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`27.
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`28.
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`Nichia has no adequate remedy at law for Defendants’ acts of infringement.
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`As a direct and proximate result of Defendants’ acts of infringement, Nichia has
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`suffered and continues to suffer damages and irreparable harm. Unless Defendants’ acts of
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`infringement are enjoined by this Court, Nichia will continue to be damaged and irreparably
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`harmed.
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`5
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`Case 1:16-cv-00681-RGA Document 1 Filed 08/08/16 Page 6 of 8 PageID #: 6
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`Count IV
`(Infringement of U.S. Patent No. 7,855,092)
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`29.
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`Nichia re-alleges and incorporates the allegations of all prior paragraphs of this
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`Complaint as if set forth in their entirety herein.
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`30.
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`Nichia is the assignee and owner of all rights, title, and interest in and to U.S.
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`Patent No. 7,855,092 (“the ’092 patent”), entitled “Device or Emitting White-Color Light,”
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`which was duly and legally issued by the United States Patent and Trademark Office on
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`December 21, 2010. A true and correct copy of the ’092 patent is attached hereto as Exhibit D
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`and is incorporated herein by reference.
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`31.
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`Upon information and belief, Defendants have infringed and continue to infringe
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`at least claim 1 of the ’092 patent under 35 U.S.C. § 271(a). The infringing activities include, but
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`are not limited to, the use, sale, importation, and/or offer for sale, without authority, of LED
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`televisions that fall within the scope of the claims of the ’092 patent, including, but not limited
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`to, the 48" Class Television.
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`32.
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`Upon information and belief, the 48" Class Television satisfies the limitations of
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`at least claim 1 of the ’092 patent.
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`33.
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`34.
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`Nichia has no adequate remedy at law for Defendants’ acts of infringement.
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`As a direct and proximate result of Defendants’ acts of infringement, Nichia has
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`suffered and continues to suffer damages and irreparable harm. Unless Defendants’ acts of
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`infringement are enjoined by this Court, Nichia will continue to be damaged and irreparably
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`harmed.
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`6
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`Case 1:16-cv-00681-RGA Document 1 Filed 08/08/16 Page 7 of 8 PageID #: 7
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`Prayer for Relief
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`WHEREFORE, Nichia prays that the Court:
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`a.
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`Enter judgment that Defendants have infringed one or more claims of the ’631,
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`’959, ’375, and ’092 patents;
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`b.
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`Award Nichia damages to compensate it for Defendants’ infringement of the ’631,
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`’959, ’375, and ’092 patents, together with pre- and post-judgment interest;
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`c.
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`Enjoin Defendants and
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`their officers, agents, servants, employees, and
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`representatives, and all others in active concert or participation with them, from further
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`infringing the ’631, ’959, ’375, and ’092 patents;
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`d.
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`Declare this case to be an exceptional case and award Nichia its attorneys’ fees
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`pursuant to 35 U.S.C. § 285;
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`e.
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`Award Nichia attorneys’ fees, costs, and expenses incurred by Nichia in bringing
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`this action, together with pre- and post-judgment interest; and
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`f.
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`Award such other and further relief as the Court deems just and proper.
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`Demand for Jury Trial
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`Pursuant to Federal Rules of Civil Procedure 38 and 39, Nichia demands a trial by jury on
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`all issues so triable.
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`7
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`Case 1:16-cv-00681-RGA Document 1 Filed 08/08/16 Page 8 of 8 PageID #: 8
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Jack B. Blumenfeld
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`Jack B. Blumenfeld (#1014)
`Brian P. Egan (#6227)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`began@mnat.com
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`Attorneys for Plaintiffs
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`OF COUNSEL:
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`Kenneth A. Gallo
`David E. Cole
`PAUL, WEISS, RIFKIND,
` WHARTON & GARRISON LLP
`2001 K Street, NW
`Washington, DC 20006-1047
`(202) 223-7300
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`Catherine Nyarady
`Daniel J. Klein
`PAUL, WEISS, RIFKIND,
` WHARTON & GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019-6064
`(212) 373-3000
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`August 8, 2016
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