Case 6:16-cv-01320-GKS-TBS Document 1 Filed 07/22/16 Page 1 of 7 PageID 1
`Case 6:16—cv—O1320—GKS—TBS Document 1 Filed 07/22/16 Page 1 of 7 PagelD 1
`
`ITILIZO
`
`2ll|6JUl,.22 PT’;
`
`i1 l‘-:~
`
`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`ORLANDO DIVISION
`
`_
`g
`_;_-p.
`“*'l“'-=-b.;;w_;:W._
`
`LIGHTING SCIENCE GROUP
`
`CORPORATION,
`
`Plaintiff,
`
`v.
`
`WANGS ALLIANCE CORPORATION
`
`and WAC LIGHTING.
`
`Defendants.
`
`I
`
`Case No.:
`
`‘ CV’lr0'2O
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Lighting Science Group Corporation, through its attorneys, alleges the following:
`
`PARTIES
`
`1.
`
`Plaintiff Lighting Science Group Corporation (“LSG” and/or “Plaintiff ’)
`
`is a
`
`corporation organized and existing under the laws ofDelaware, with its principal place ofbusiness
`
`at 811 N. Atlantic Avenue, Cocoa Beach, FL 32931.
`
`2.
`
`Upon information and belief, Defendant Wangs Alliance Corporation (“WANGS”)
`
`is a corporation organized and existing under the laws of the state ofNew York with its principal
`
`place of business located at 44 Harbor Park Drive, Port Washington, New York I I050, but does
`
`business throughout the United States, including Florida and whose registered agent is Tony Wang,
`
`also located at 44 Harbor Park Drive, Port Washington, New York l 1050.
`
`Page 1 of 7
`
`

`
`Case 6:16-cv-01320-GKS-TBS Document 1 Filed 07/22/16 Page 2 of 7 PageID 2
`Case 6:16—cv—O1320—GKS—TBS Document 1 Filed 07/22/16 Page 2 of 7 Page|D 2
`
`3.
`
`Upon information and belief, Defendant WAC Lighting (“WAC”), a wholly owned
`
`subsidiary of Defendant Wangs, is a corporation organized and existing under the laws of the state
`
`of New York with its principal place of business located at 44 Harbor Park Drive, Port Washington,
`
`New York l]050, but does business throughout the United States, including Florida and whose
`
`registered agent is Tony Wang, also located at 44 Harbor Park Drive, Port Washington, New York
`
`11050.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is a claim for patent infiingement and arises under the patent laws ofthe United
`
`States, Title 35 of the United States Code. This Court has jurisdiction over the subject matter of
`
`this claim under 28 U.S.C. §§ 1331 and 1338(a).
`
`5.
`
`This Court has personal jurisdiction over Defendants because Defendants are
`
`transacting business within this District and have committed acts and, on information and belief,
`
`will continue to commit acts within this District giving rise to this action, including offering to sell
`
`and selling infringing products and/or placing infringing products, directly or
`
`through
`
`intermediaries (including distributors, retailers, and others), into the stream of commerce in such
`
`a way as to reach customers in this District. Defendants have purposefully and voluntarily sold
`
`one or more of its infringing products with the expectation that they will be purchased by
`
`consumers in this District. These infringing products have been and continue to be purchased by
`
`consumers in this District. Defendants have committed acts of patent infringement within the
`
`United States and more particularly, within this District.
`
`6.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and 1400(b).
`
`Page 2 of 7
`
`

`
`Case 6:16-cv-01320-GKS-TBS Document 1 Filed 07/22/16 Page 3 of 7 PageID 3
`Case 6:16—cv—01320—GKS—TBS Document 1 Filed 07/22/16 Page 3 of 7 Page|D 3
`
`COUNT I
`
`(Infringement of U.S. Patent No. 8,201,968)
`
`7.
`
`8.
`
`Plaintiff repeats and re-alleges Paragraphs 1-5 as though fiilly set forth herein.
`
`Plaintiff is the owner by assignment of United States Patent No. 8,201,968, entitled
`
`“Low Profile Light,” which was duly and legally issued by the United States Patent and Trademark
`
`Office (“USPTO”) on June 19, 2012 (the “‘968 Patent”). A true and correct copy ofthe ‘968 Patent
`
`is attached hereto as Exhibit A.
`
`9.
`
`The ‘968 Patent is valid and enforceable and Plaintiff has the fiill right to recover
`
`for past infringement damages and the right to recover future royalties, damages and income.
`
`10.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
`
`all predecessors in interest and/or implied or express licensees of the ‘968 Patent, if any, have
`
`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘968 Patent
`
`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
`
`or more claims of that patent and/or providing actual or constructive notice to Defendants.
`
`l l.
`
`Upon information and belief, Defendants have infringed and will continue to
`
`infringe at least Claims 1, 2, 5, 7, 14, 15, and 16 of the ‘968 Patent by, among other activities,
`
`making, using, selling or offering to sell in or importing into the United States its 12W FM-304-
`
`930 product. Defendants are liable for direct infringement, either literally or under the doctrine of
`
`equivalents pursuant to 35 U.S.C. § 271 (a).
`
`12.
`
`Upon information and belief, Defendants have infringed and will continue to
`
`infringe at least Claims 1, 2, 5, 14, 15, and 16 ofthe ‘968 Patent by, among other activities, making,
`
`using, selling or offering to sell in or importing into the United States its 15W FM-306-930-WT
`
`product. Defendants are liable for direct infringement, either literally or under the doctrine of
`
`Page 3 of 7
`
`

`
`Case 6:16-cv-01320-GKS-TBS Document 1 Filed 07/22/16 Page 4 of 7 PageID 4
`Case 6:16—cv—O1320—GKS—TBS Document 1 Filed 07/22/16 Page 4 of 7 Page|D 4
`
`equivalents pursuant to 35 U.S.C. § 271 (a).
`
`13.
`
`Upon information and belief‘, Defendants have infringed and will continue to
`
`infringe at least Claims 1, 2, 5, 7, 14, 15, and 16 of the ‘968 Patent by, among other activities,
`
`making, using, selling or offering to sell in or importing into the United States its 12W FM-304-
`
`940 product. Defendants are liable for direct infringement, either literally or under the doctrine of
`
`equivalents pursuant to 35 U.S.C. § 271 (a).
`
`14.
`
`Plaintiff has at no time either expressly or impliedly licensed Defendants to practice
`
`the ‘968 Patent.
`
`15.
`
`Defendants’ infringement has injured Plaintiff, and Plaintiff is entitled to recover
`
`damages adequate to compensate it for such infringement.
`
`I6.
`
`Defendants’ 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 ‘968 Patent.
`
`COUNT II
`
`(Infringement of U.S. Patent No. 8,672,518)
`
`17.
`
`Plaintiff repeats and re-alleges Paragraphs 1-5 as though fully set forth herein.
`
`18.
`
`Plaintiff is the owner by assignment of United States Patent No. 8,672,518 entitled
`
`“Low Profile Light And Accessory Kit For The Same,” which was duly and legally issued by the
`
`USPTO on March 3, 2015 (the ‘"518 Patent”). A true and correct copy of the ‘S18 Patent is
`
`attached hereto as Exhibit B.
`
`19.
`
`The ‘518 Patent is valid and enforceable and Plaintiff has the full right to recover
`
`for past infiingement damages and the right to recover future royalties, damages and income.
`
`Page 4 of 7
`
`

`
`Case 6:16-cv-01320-GKS-TBS Document 1 Filed 07/22/16 Page 5 of 7 PageID 5
`Case 6:16—cv—O1320—GKS—TBS Document 1 Filed 07/22/16 Page 5 of 7 Page|D 5
`
`20.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
`
`all predecessors in interest and/or implied or express licensees of the ‘518 Patent, if any, have
`
`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘518 Patent
`
`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
`
`or more claims of that patent and/or providing actual or constructive notice to Defendants.
`
`21.
`
`Upon information and belief, Defendants have infringed and will continue to
`
`infringe at least Claim 1, 3, 4, S, 6, 10, ll, 12, 13 and 14 of the ‘518 Patent by, among other
`
`activities, making, using, selling or offering to sell in or importing into the United States its 12W
`
`FM-304-930, 15W FM-306-930—WT and 15W FM-306-940-WT products. Defendants are liable
`
`for direct infringement, either literally or under the doctrine of equivalents, pursuant to 35 U.S.C.
`
`§ 271 (a).
`
`22.
`
`Plaintiffhas at no time either expressly or impliedly licensed Defendants to practice
`
`the ‘518 Patent.
`
`23.
`
`Defendants’ infringement has injured Plaintiff, and Plaintiff is entitled to recover
`
`damages adequate to compensate it for such infringement.
`
`24.
`
`Defendants’ infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infiingement 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 ‘518 Patent.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff respectfully asks this Court to enterjudgrnent against Defendants
`
`and against its respective subsidiaries, successors, parents, affiliates, officers, directors, agents,
`
`servants, and employees, and all persons in privity or active concert or participation with
`
`Page 5 of 7
`
`

`
`Case 6:16-cv-01320-GKS-TBS Document 1 Filed 07/22/16 Page 6 of 7 PageID 6
`Case 6:16—cv—01320—GKS—TBS Document 1 Filed 07/22/16 Page 6 of 7 Page|D 6
`
`Defendants, granting the following relief:
`
`A.
`
`the entry ofjudgment in favor of Plaintiff and against Defendants;
`
`B. a preliminary injunction prohibiting further infiingement of each of the ‘968 Patent,
`
`and the ‘S18 Patent by Defendants,
`
`their agents, employees, representatives,
`
`successors and assigns and those acting in privity or in concert with them;
`
`. a permanent injunction prohibiting fimher infringement of each of the ‘968 Patent
`
`and the ‘S18 Patent by Defendants,
`
`their agents, employees, representatives,
`
`successors and assigns and those acting in privity or in concert with them;
`
`an award of actual damages against Defendants for damages arising from the
`
`infiingement of each of the ‘968 Patent and the ‘S18 Patent pursuant to 35 U.S.C.
`
`§ 284;
`
`an award of damages against Defendants for pre-judgment and post-judgment
`
`interest on the damages awarded,
`
`including an award of prejudgment interest,
`
`pursuant to 35 U.S.C. § 284, from the date of each act of infringement of the ‘968
`
`Patent and the ‘5 1 8 Patent by Defendants to the day a damages judgment is entered
`
`and a further award of post-judgment interest, pursuant to 28 U.S.C. § I961,
`
`continuing until such judgment is paid, at the maximum rate allowed by law;
`
`.
`
`the entry of judgment that this case is exceptional, and award treble damages,
`
`attorney fees, and the costs of this action, pursuant to 35 U.S.C. § 285;
`
`.
`
`in the event a final injunction is not granted, a compulsory ongoing royalty; and
`
`such other relief to which Plaintiff is entitled under law, and any other and further
`
`relief that this Court or ajury may deem just and proper.
`
`Page 6 of 7
`
`

`
`Case 6:16-cv-01320-GKS-TBS Document 1 Filed 07/22/16 Page 7 of 7 PageID 7
`Case 6:16—cv—O1320—GKS—TBS Document 1 Filed 07/22/16 Page 7 of 7 Page|D 7
`
`JURY DEMAND
`
`Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all issues so
`
`triable.
`
`/s/Mark]? 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
`
`Page 7 of 7