Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 1 of 14 PageID 318
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`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`ORLANDO DIVISION
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`Civil Action No. 6:16-cv-00680-Orl-37GJK
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`JURY TRIAL DEMANDED
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`LIGHTING SCIENCE GROUP
`CORPORATION,
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`Plaintiff,
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`v.
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`ENERGY EFFICIENT LIGHTING
`COMPANY LIMITED,
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`
`Defendant.
`______________________________/
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Lighting Science Group Corporation, through its attorneys, alleges the following:
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`PARTIES
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`1.
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`Plaintiff Lighting Science Group Corporation (“LSG” and/or “Plaintiff”) is a
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`corporation organized and existing under the laws of Delaware, with its principal place of business
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`at 811 N. Atlantic Avenue, Cocoa Beach, Florida, 32931.
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`2.
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`Upon information and belief, Defendant Energy Efficient Lighting Company
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`Limited (“EEL” and/or “Defendant”) is a corporation organized and existing under the laws of
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`Ontario, Canada with its principal place of business located at 331 Amber Street, Suite B,
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`Markham, Ontario, L3R 3J7 Canada, but does business throughout the United States, including
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`Page 1 of 14
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`Florida.
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 2 of 14 PageID 319
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`JURISDICTION AND VENUE
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`3.
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`This is a claim for patent infringement and arises under the patent laws of the United
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`States, Title 35 of the United States Code. This Court has jurisdiction over the subject matter of
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`this claim under 28 U.S.C. §§ 1331 and 1338(a).
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`4.
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`This Court has personal jurisdiction over the Defendant because the Defendant is
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`transacting business within this District and has committed acts and, on information and belief,
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`will continue to commit acts within this District giving rise to this action, including offering to sell
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`and selling infringing products and/or placing infringing products, directly or through
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`intermediaries (including distributors, retailers, and others), into the stream of commerce in such
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`a way as to reach customers in this District. Defendant has purposefully and voluntarily sold one
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`or more of its infringing products with the expectation that they will be purchased by consumers
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`in this District. These infringing products have been and continue to be purchased by consumers
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`in this District. Defendant has committed acts of patent infringement within the United States and
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`more particularly, within this District.
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`5.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
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`FACTS
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`Plaintiff is a world leader in the invention, development, and sale of LED lighting
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`6.
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`solutions. Plaintiff’s lighting scientists have earned more than 375 patents for their innovations in
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`the LED field.
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`7.
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`Among Plaintiff’s diverse product array of LED lighting solutions is a line of highly
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`efficient lighting devices that can be retrofitted into existing lighting units, offered to the public
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`under the brand GLIMPSE®.
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 3 of 14 PageID 320
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`8.
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`Plaintiff’s GLIMPSE® lighting products have enjoyed significant success in the
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`market.
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`9.
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`The function of the GLIMPSE® lighting products are protected by patents,
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`including the asserted patents.
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`10.
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`Upon information and belief, Defendant has infringed and will continue to infringe
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`at least one claim of each of the asserted patents by making, using, selling or offering to sell in, or
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`importing into the United States, downlight luminaires, including, but not limited to, the RD-
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`LED900-12-3000K, UTLED-S, UTLED-6-S, UTLED-8, UTLED-S9, and UTLED-S12 brand line
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`of products (the “Accused Products”).
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`11.
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`Specifically, upon information and belief, Defendant received the Accused
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`Products in the United States and thereafter distributed and/or sold the products to its customers in
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`the United States.
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`12.
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`Upon information and belief, as a result of the foregoing distribution of the Accused
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`Products by Defendant, the Accused Products are offered for sale throughout the United States
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`online, on both Defendant’s website and by Defendant at retail locations throughout the United
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`States including, at least, Ecological Lighting Bulbs & Fixtures, located in Florida.
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`13.
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`Upon information and belief, Defendant’s conduct constitutes direct infringement
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`of the asserted patents, whether such infringement is literal or under the doctrine of equivalents.
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`14.
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`Upon information and belief, Defendant is continuing to engage in its infringing
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`activities. The Accused Products remain for sale including, at least, on their own website,
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`Ecolumens.com, Bulbspro.com, Canadalite.com, CNJ Lighting Solutions and LED Imports
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`Canada, for example, at the following links:
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`
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`http://www.eelighting.ca/
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 4 of 14 PageID 321
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`http://www.eelighting.ca/product.jsp?idProduct=334
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`http://www.eelighting.ca/search.jsp?q=UTLED-S
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`http://www.eelighting.ca/search.jsp?q=UTLED-6-S
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`http://www.eelighting.ca/product/eel-UltraThin-LED-Recessed-Luminaire-8-
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`inch-
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`http://www.eelighting.ca/product/eel-4-inch-UltraThin-Retrofit-RF-UTLED-
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`S9W-3KWH
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`http://www.eelighting.ca/product/eel-6-inch-UltraThin-Retrofit-RF-UTLED-6-
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`S12W-4KWH
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`http://www.ecolumens.com/index.html
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`http://www.bulbspro.com/eel-rd-led900-12-3000k.html
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`http://www.bulbspro.com/catalogsearch/result/?q=UTLED-S+&x=16&y=8
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`http://www.bulbspro.com/catalogsearch/result/index/?p=2&q=UTLED-
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`S+&x=16&y=8
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`http://www.bulbspro.com/catalogsearch/result/?q=UTLED-6-S+&x=16&y=16
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`http://www.bulbspro.com/catalogsearch/result/index/?p=2&q=UTLED-6-
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`S+&x=16&y=16
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`http://www.canadalite.com/EEL-UTLED-S9W-3KWH
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`http://www.cnjlightingsolutions.com/wp-content/uploads/2015/11/CNJ-EEL-UT-
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`4-inch-Cut-Sheet-112515.pdf
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`http://www.ledimportscanada.com/product/rd-recessed-retrofit-downlight/
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`
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`Attached hereto as Composite Exhibit A.
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`15.
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`16.
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`The Accused Products have no substantially non-infringing use.
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`On December 10, 2015, prior to filing the instant suit, Plaintiff sent a letter to
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`Defendant informing Defendant of its patent portfolio and its relevance to the product lines which
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`Defendant sells and distributes.
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`17.
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`Defendant has failed to respond to the December 10, 2015 letter.
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 5 of 14 PageID 322
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`18.
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`Despite Plaintiff’s attempt to resolve the issues raised in its December 10, 2015
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`letter, the Defendant continues to infringe Plaintiff’s patents.
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`19.
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`Plaintiff has not licensed or authorized any of the actions of Defendant, either
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`expressly or by implication. Defendant has no license to practice any of the asserted patents.
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`20.
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`Plaintiff has been injured by the infringing conduct of Defendant, and is entitled to
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`damages adequate to compensate it for such infringement.
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`21.
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`Defendant’s infringing conduct has caused and continues to cause irreparable injury
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`to Plaintiff, for which remedies at law are inadequate to compensate Plaintiff. The award of a
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`permanent injunction against further manufacture, use, sale, importation, and/or offer for sale of
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`products that infringe any of the asserted patents is warranted.
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`
`COUNT I
`(Infringement of U.S. Patent No. 8,201,968)
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`Plaintiff repeats and re-alleges Paragraphs 1-21 as though fully set forth herein.
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`Plaintiff is the owner by assignment of United States Patent No. 8,201,968 entitled
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`22.
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`23.
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`“Low Profile Light,” which was duly and legally issued by the USPTO on June 19, 2012 (the “’968
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`Patent”). A true and correct copy of the ‘968 Patent is attached hereto as Exhibit B.
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`24.
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`The ’968 Patent is valid and enforceable and Plaintiff has the full right to recover
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`for past infringement damages and the right to recover future royalties, damages and income.
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`25.
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`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
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`all predecessors in interest and/or implied or express licensees of the ’968 Patent, if any, have
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`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ’968 Patent
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`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
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`or more claims of that patent and/or providing actual or constructive notice to Defendant.
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 6 of 14 PageID 323
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`26.
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`Upon information and belief, since at least December 10, 2015, when Plaintiff
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`formally placed Defendant on notice of its infringement, Defendant has infringed and will continue
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`to infringe at least Claims 1 and 20 of the ‘968 Patent by, among other activities, making, using,
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`selling or offering to sell in or importing into the United States its RD-LED900-12-3000K products
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`and the UTLED-S, UTLED-6-S, UTLED-8, UTLED-S9, and UTLED-S12 family of products, as
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`detailed in the attached preliminary and exemplary infringement charts, attached hereto as Exhibit
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`C. This chart is not intended to limit Plaintiff’s right to modify this chart or any other claim chart
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`or allege that other activities of Defendant infringe the identified claims of the ‘968 Patent or any
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`other patents. Exhibit C is hereby incorporated by reference in its entirety. Each claim element in
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`Exhibit C that is mapped to the accused product shall be considered an allegation within the
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`meaning of the Federal Rules of Civil Procedure and therefore a response to each allegation is
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`required.
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`27.
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`Defendant is liable for direct infringement, either literally or under the doctrine of
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`equivalents of the ’968 Patent pursuant to 35 U.S.C. §271 (a).
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`28.
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`Upon information and belief, since at least December 10, 2015, when Plaintiff
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`formally placed Defendant on notice of its infringement, Defendant has been and is continuing to
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`induce, under 35 U.S.C. §271(b), consumers, distributors, importers and/or resellers that purchase
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`or sell RD-LED900-12-3000K products and the UTLED-S, UTLED-6-S, UTLED-8, UTLED-S9,
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`and UTLED-S12 family of products, to directly infringe at least Claims 1 and 20 of the ‘968 Patent.
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`Since at least December 10, 2015, the date when Plaintiff formally placed Defendant on notice of
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`its infringement, Defendant does so with knowledge, or with willful blindness of the fact, that the
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`induced acts constitute infringement of the ’968 patent. Upon information and belief, Defendant
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`intends to cause, and has taken affirmative steps to induce, infringement by these third-party
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 7 of 14 PageID 324
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`manufacturers, distributors, importers, and/or consumers by, inter alia, creating advertisements
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`that promote the infringing use of RD-LED900-12-3000K products and the UTLED-S, UTLED-
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`6-S, UTLED-8, UTLED-S9, and UTLED-S12 family of products, creating established distribution
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`channels for these products into and within the United States, purchasing these products,
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`manufacturing these products in conformity with U.S. laws and regulations, distributing or making
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`available instructions or manuals for these products to purchasers and prospective purchasers,
`
`and/or providing technical support, replacement parts, or services for these products to these
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`purchasers in the United States. Plaintiff has at no time either expressly or impliedly licensed the
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`Defendant to practice the ’968 Patent.
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`29.
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`Defendant’s infringement has injured Plaintiff, and Plaintiff is entitled to recover
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`damages adequate to compensate it for such infringement.
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`30.
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`Upon information and belief, Defendant’s acts of infringement are willful,
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`warranting the assessment of increased damages pursuant to 35 U.S.C. § 284, and warrant a finding
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`that this is an exceptional case, pursuant to 35 U.S.C. § 285.
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`31.
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`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
`
`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
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`within the scope of the claims of the ’968 Patent.
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`COUNT II
`(Infringement of U.S. Patent No. 8,672,518)
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`32.
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`33.
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`Plaintiff repeats and re-alleges Paragraphs 1-21 as though fully set forth herein.
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`Plaintiff is the owner by assignment of United States Patent No. 8,672,518 entitled
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`“Low Profile Light And Accessory Kit For The Same,” which was duly and legally issued by the
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`Page 7 of 14
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 8 of 14 PageID 325
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`USPTO on March 3, 2015 (the “’518 Patent”). A true and correct copy of the ’518 Patent is
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`attached hereto as Exhibit D.
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`34.
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`The ’518 Patent is valid and enforceable and Plaintiff has the full right to recover
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`for past infringement damages and the right to recover future royalties, damages and income.
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`35.
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`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
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`all predecessors in interest and/or implied or express licensees of the ’518 Patent, if any, have
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`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ’518 Patent
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`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
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`or more claims of that patent and/or providing actual or constructive notice to Defendant.
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`36.
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`Upon information and belief, Defendant has infringed and will continue to infringe
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`at least Claim 1 of the ‘518 Patent by, among other activities, making, using, selling or offering to
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`sell in or importing into the United States its RD-LED900-12-3000K products, as detailed in the
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`attached preliminary and exemplary infringement charts, Exhibit E. This chart is not intended to
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`limit Plaintiff’s right to modify this chart or any other claim chart or allege that other activities of
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`Defendant infringe the identified claims of the ‘518 Patent or any other patents. Exhibit E is hereby
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`incorporated by reference in its entirety. Each claim element in Exhibit E that is mapped to the
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`accused product shall be considered an allegation within the meaning of the Federal Rules of Civil
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`Procedure and therefore a response to each allegation is required.
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`37.
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`Defendant is liable for direct infringement, either literally or under the doctrine of
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`equivalents of the ’518 Patent pursuant to 35 U.S.C. §271 (a).
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`38.
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`Upon information and belief, since at least December 10, 2015, when Plaintiff
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`formally placed Defendant on notice of the infringement of its RD-LED900-12-3000K products,
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`Defendant has been and continues to induce, under 35 U.S.C. §271(b), consumers, distributors,
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 9 of 14 PageID 326
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`importers and/or resellers that purchase or sell its RD-LED900-12-3000K products, to directly
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`infringe at least Claim 1 of the ’518 Patent. Since at least December 10, 2015, the date when
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`Plaintiff formally placed Defendant on notice of its infringement, Defendant does so with
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`knowledge, or with willful blindness of the fact, that the induced acts constitute infringement of
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`the ’518 patent. Upon information and belief, Defendant intends to cause, and have taken
`
`affirmative steps to induce, infringement by these third-party manufacturers, distributors,
`
`importers, and/or consumers by, inter alia, creating advertisements that promote the infringing use
`
`of its RD-LED900-12-3000K products, creating established distribution channels for these
`
`products into and within the United States, purchasing these products, manufacturing these
`
`products in conformity with U.S. laws and regulations, distributing or making available
`
`instructions or manuals for these products to purchasers and prospective purchasers, and/or
`
`providing technical support, replacement parts, or services for these products to these purchasers
`
`in the United States.
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`39.
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`Plaintiff has at no time either expressly or impliedly licensed Defendant to practice
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`the ’518 Patent.
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`40.
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`Defendant’s infringement has injured Plaintiff, and Plaintiff is entitled to recover
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`damages adequate to compensate it for such infringement.
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`41.
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`Upon information and belief, Defendant’s acts of infringement are willful,
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`warranting the assessment of increased damages pursuant to 35 U.S.C. § 284, and warrant a finding
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`that this is an exceptional case, pursuant to 35 U.S.C. § 285.
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`42.
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`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
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`Page 9 of 14
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 10 of 14 PageID 327
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`within the scope of the claims of the ’518 Patent.
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`
`COUNT III
`(Infringement of U.S. Patent No. 8,967,844)
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`43.
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`44.
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`Plaintiff repeats and re-alleges Paragraphs 1-21 as though fully set forth herein.
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`Plaintiff is the owner by assignment of United States Patent No. 8,967,844 entitled
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`“Low Profile Light And Accessory Kit For The Same,” which was duly and legally issued by the
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`USPTO on March 3, 2015 (the “’844 Patent”). A true and correct copy of the ’844 Patent is
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`attached hereto as Exhibit F.
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`45.
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`The ’844 Patent is valid and enforceable and Plaintiff has the full right to recover
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`for past infringement damages and the right to recover future royalties, damages and income.
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`46.
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`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
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`all predecessors in interest and/or implied or express licensees of the ‘844 Patent, if any, have
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`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ’844 Patent
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`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
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`or more claims of that patent and/or providing actual or constructive notice to Defendant.
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`47.
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`Upon information and belief, Defendant has infringed and will continue to infringe
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`at least Claims 1 and 24 of the ’844 Patent by, among other activities, making, using, selling or
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`offering to sell in or importing into the United States its RD-LED900-12-3000K products and
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`UTLED-S, UTLED-6-S, UTLED-8, UTLED-S9, and UTLED-S12 family of products, as detailed
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`in the attached preliminary and exemplary infringement charts, Exhibit G. This chart is not
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`intended to limit Plaintiff’s right to modify this chart or any other claim chart or allege that other
`
`activities of Defendant infringe the identified claims of the ‘844 Patent or any other patents. Exhibit
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`G is hereby incorporated by reference in its entirety. Each claim element in Exhibit G that is
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 11 of 14 PageID 328
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`mapped to the accused product shall be considered an allegation within the meaning of the Federal
`
`Rules of Civil Procedure and therefore a response to each allegation is required.
`
`48.
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`Defendant is liable for direct infringement, either literally or under the doctrine of
`
`equivalents, of the ’844 Patent pursuant to 35 U.S.C. §271 (a).
`
`49.
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`Upon information and belief, since at least December 10, 2015, when Plaintiff
`
`formally placed Defendant on notice of the infringement of its RD-LED900-12-3000K products
`
`and UTLED-S, UTLED-6-S, UTLED-8, UTLED-S9, and UTLED-S12 family of products,
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`Defendant has been and continues to induce, under 35 U.S.C. §271(b), consumers, distributors,
`
`importers and/or resellers that purchase or sell its RD-LED900-12-3000K products and UTLED-
`
`S, UTLED-6-S, UTLED-8, UTLED-S9, and UTLED-S12 family of products, to directly infringe
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`at least Claims 1 and 24 of the ’844 Patent. Since at least December 10, 2015, the date when
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`Plaintiff formally placed Defendant on notice of its infringement, Defendant does so with
`
`knowledge, or with willful blindness of the fact, that the induced acts constitute infringement of
`
`the ’844 patent. Upon information and belief, Defendant intends to cause, and has taken
`
`affirmative steps to induce, infringement by these third-party manufacturers, distributors,
`
`importers, and/or consumers by, inter alia, creating advertisements that promote the infringing use
`
`of its RD-LED900-12-3000K products and UTLED-S, UTLED-6-S, UTLED-8, UTLED-S9, and
`
`UTLED-S12 family of products, creating established distribution channels for these products into
`
`and within the United States, purchasing these products, manufacturing these products in
`
`conformity with U.S. laws and regulations, distributing or making available instructions or
`
`manuals for these products to purchasers and prospective purchasers, and/or providing technical
`
`support, replacement parts, or services for these products to these purchasers in the United States.
`
`
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 12 of 14 PageID 329
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`50.
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`Plaintiff has at no time either expressly or impliedly licensed Defendant to practice
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`the ’844 Patent.
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`51.
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`Defendant’s infringement has injured Plaintiff, and Plaintiff is entitled to recover
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`damages adequate to compensate it for such infringement.
`
`52.
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`Upon information and belief, Defendant’s acts of infringement are willful,
`
`warranting the assessment of increased damages pursuant to 35 U.S.C. § 284, and warrant a finding
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`that this is an exceptional case, pursuant to 35 U.S.C. § 285.
`
`53.
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`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
`
`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
`
`within the scope of the claims of the ’844 Patent.
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`
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully asks this Court to enter judgment against Defendant
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`and against its respective subsidiaries, successors, parents, affiliates, offices, directors, agents,
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`servants, and employees, and all persons in privity or active concert or participation with
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`Defendant, granting the following relief:
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`A. the entry of judgment in favor of Plaintiff and against Defendant for the
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`infringement of the ‘968 Patent, the ’518 Patent, and the ’844 Patent;
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`B. a preliminary injunction prohibiting further infringement of each of the ‘968 Patent,
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`the’518 Patent, and the ’844 Patent by Defendant, their agents, employees,
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`representatives, successors and assigns and those acting in privity or in concert with
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`them;
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 13 of 14 PageID 330
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`C. a permanent injunction prohibiting further infringement of each of the ‘968 Patent,
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`the ’518 Patent, and the ’844 Patent by Defendant, their agents, employees,
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`representatives, successors and assigns and those acting in privity or in concert with
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`them;
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`D. an award of actual damages against Defendant for damages arising from the
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`infringement of each of the ‘968 Patent, the ‘518 Patent, and the ’844 Patent,
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`including treble damages for willful infringement, pursuant to 35 U.S.C. § 284;
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`E. an award of damages against Defendant for pre-judgment and post-judgment
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`interest on the damages awarded, including an award of prejudgment interest,
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`pursuant to 35 U.S.C. §284, from the date of each act of infringement of the ‘968
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`Patent, the ’518 Patent, and the ’844 Patent by Defendant to the day a damages
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`judgment is entered and a further award of post-judgment interest, pursuant to 28
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`U.S.C. §1961, continuing until such judgment is paid, at the maximum rate allowed
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`by law;
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`F. the entry of judgment that this case is exceptional, and award treble damages,
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`attorney fees, and the costs of this action, pursuant to 35 U.S.C. § 285;
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`G. in the event a final injunction is not granted, a compulsory ongoing royalty; and
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`H. such other relief to which Plaintiff is entitled under law, and any other and further
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`relief that this Court or a jury may deem just and proper.
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`Case 6:16-cv-00680-RBD-GJK Document 23 Filed 08/24/16 Page 14 of 14 PageID 331
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`triable.
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`JURY DEMAND
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`Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all issues so
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`/s/Mark F. Warzecha
`Mark F. Warzecha
`Florida Bar No. 95779
`WIDERMAN MALEK PL
`1990 W. New Haven Ave., Ste. 201
`Melbourne, Florida 32904
`Tel. (321) 255-2332
`Fax (321) 255-2351
`MFW@USLegalTeam.com
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`Page 14 of 14