`Case 6:16—cv—O1320—GKS—TBS Document 1 Filed 07/22/16 Page 1 of 7 PagelD 1
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`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`ORLANDO DIVISION
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`LIGHTING SCIENCE GROUP
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`CORPORATION,
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`Plaintiff,
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`v.
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`WANGS ALLIANCE CORPORATION
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`and WAC LIGHTING.
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`Defendants.
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`I
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`Case No.:
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`‘ CV’lr0'2O
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`JURY TRIAL DEMANDED
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`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 ’)
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`is a
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`corporation organized and existing under the laws ofDelaware, with its principal place ofbusiness
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`at 811 N. Atlantic Avenue, Cocoa Beach, FL 32931.
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`2.
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`Upon information and belief, Defendant Wangs Alliance Corporation (“WANGS”)
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`is a corporation organized and existing under the laws of the state ofNew York with its principal
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`place of business located at 44 Harbor Park Drive, Port Washington, New York I I050, but does
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`business throughout the United States, including Florida and whose registered agent is Tony Wang,
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`also located at 44 Harbor Park Drive, Port Washington, New York l 1050.
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`3.
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`Upon information and belief, Defendant WAC Lighting (“WAC”), a wholly owned
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`subsidiary of Defendant Wangs, is a corporation organized and existing under the laws of the state
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`of New York with its principal place of business located at 44 Harbor Park Drive, Port Washington,
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`New York l]050, but does business throughout the United States, including Florida and whose
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`registered agent is Tony Wang, also located at 44 Harbor Park Drive, Port Washington, New York
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`11050.
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`JURISDICTION AND VENUE
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`4.
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`This is a claim for patent infiingement and arises under the patent laws ofthe 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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`5.
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`This Court has personal jurisdiction over Defendants because Defendants are
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`transacting business within this District and have 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
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`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. Defendants have purposefully and voluntarily sold
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`one or more of its infringing products with the expectation that they will be purchased by
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`consumers in this District. These infringing products have been and continue to be purchased by
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`consumers in this District. Defendants have committed acts of patent infringement within the
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`United States and more particularly, within this District.
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`6.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and 1400(b).
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`COUNT I
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`(Infringement of U.S. Patent No. 8,201,968)
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`7.
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`8.
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`Plaintiff repeats and re-alleges Paragraphs 1-5 as though fiilly 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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`“Low Profile Light,” which was duly and legally issued by the United States Patent and Trademark
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`Office (“USPTO”) on June 19, 2012 (the “‘968 Patent”). A true and correct copy ofthe ‘968 Patent
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`is attached hereto as Exhibit A.
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`9.
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`The ‘968 Patent is valid and enforceable and Plaintiff has the fiill 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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`10.
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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 Defendants.
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`l l.
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`Upon information and belief, Defendants have infringed and will continue to
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`infringe at least Claims 1, 2, 5, 7, 14, 15, and 16 of the ‘968 Patent by, among other activities,
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`making, using, selling or offering to sell in or importing into the United States its 12W FM-304-
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`930 product. Defendants are liable for direct infringement, either literally or under the doctrine of
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`equivalents pursuant to 35 U.S.C. § 271 (a).
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`12.
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`Upon information and belief, Defendants have infringed and will continue to
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`infringe at least Claims 1, 2, 5, 14, 15, and 16 ofthe ‘968 Patent by, among other activities, making,
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`using, selling or offering to sell in or importing into the United States its 15W FM-306-930-WT
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`product. Defendants are liable for direct infringement, either literally or under the doctrine of
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`equivalents pursuant to 35 U.S.C. § 271 (a).
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`13.
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`Upon information and belief‘, Defendants have infringed and will continue to
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`infringe at least Claims 1, 2, 5, 7, 14, 15, and 16 of the ‘968 Patent by, among other activities,
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`making, using, selling or offering to sell in or importing into the United States its 12W FM-304-
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`940 product. Defendants are liable for direct infringement, either literally or under the doctrine of
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`equivalents pursuant to 35 U.S.C. § 271 (a).
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`14.
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`Plaintiff has at no time either expressly or impliedly licensed Defendants to practice
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`the ‘968 Patent.
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`15.
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`Defendants’ 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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`I6.
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`Defendants’ 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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`within the scope of the claims of the ‘968 Patent.
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`COUNT II
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`(Infringement of U.S. Patent No. 8,672,518)
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`17.
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`Plaintiff repeats and re-alleges Paragraphs 1-5 as though fully set forth herein.
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`18.
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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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`USPTO on March 3, 2015 (the ‘"518 Patent”). A true and correct copy of the ‘S18 Patent is
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`attached hereto as Exhibit B.
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`19.
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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 infiingement damages and the right to recover future royalties, damages and income.
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`20.
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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 Defendants.
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`21.
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`Upon information and belief, Defendants have infringed and will continue to
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`infringe at least Claim 1, 3, 4, S, 6, 10, ll, 12, 13 and 14 of the ‘518 Patent by, among other
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`activities, making, using, selling or offering to sell in or importing into the United States its 12W
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`FM-304-930, 15W FM-306-930—WT and 15W FM-306-940-WT products. Defendants are liable
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`for direct infringement, either literally or under the doctrine of equivalents, pursuant to 35 U.S.C.
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`§ 271 (a).
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`22.
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`Plaintiffhas at no time either expressly or impliedly licensed Defendants to practice
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`the ‘518 Patent.
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`23.
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`Defendants’ 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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`24.
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`Defendants’ infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infiingement 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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`within the scope of the claims of the ‘518 Patent.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully asks this Court to enterjudgrnent against Defendants
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`and against its respective subsidiaries, successors, parents, affiliates, officers, directors, agents,
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`servants, and employees, and all persons in privity or active concert or participation with
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`Defendants, granting the following relief:
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`A.
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`the entry ofjudgment in favor of Plaintiff and against Defendants;
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`B. a preliminary injunction prohibiting further infiingement of each of the ‘968 Patent,
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`and the ‘S18 Patent by Defendants,
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`their agents, employees, representatives,
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`successors and assigns and those acting in privity or in concert with them;
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`. a permanent injunction prohibiting fimher infringement of each of the ‘968 Patent
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`and the ‘S18 Patent by Defendants,
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`their agents, employees, representatives,
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`successors and assigns and those acting in privity or in concert with them;
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`an award of actual damages against Defendants for damages arising from the
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`infiingement of each of the ‘968 Patent and the ‘S18 Patent pursuant to 35 U.S.C.
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`§ 284;
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`an award of damages against Defendants for pre-judgment and post-judgment
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`interest on the damages awarded,
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`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 and the ‘5 1 8 Patent by Defendants to the day a damages judgment is entered
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`and a further award of post-judgment interest, pursuant to 28 U.S.C. § I961,
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`continuing until such judgment is paid, at the maximum rate allowed by law;
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`.
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`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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`.
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`in the event a final injunction is not granted, a compulsory ongoing royalty; and
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`such other relief to which Plaintiff is entitled under law, and any other and further
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`relief that this Court or ajury may deem just and proper.
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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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`triable.
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`/s/Mark]? Warzecha
`Mark F. Warzecha
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`Florida Bar No. 95779
`WIDERMAN MALEK PL
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`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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