`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF NEW YORK
`BUFFALO DIVISION
`
`
`
`
`Case No.
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`Patent Case
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`Jury Trial Demanded
`
`
`Launchip LLC,
`
`Plaintiff,
`
`v.
`
`Gordon Companies Inc.,
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`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Launchip LLC ("Launchip"), through its attorneys, complains of Gordon
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`Companies Inc. ("Gordon"), and alleges the following:
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`PARTIES
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`1.
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`Plaintiff Launchip LLC is a corporation organized and existing under the laws of
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`Texas that maintains its principal place of business at 6009 W Parker Rd, Ste 149 1045, Plano,
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`TX 75093-8121.
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`2.
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`Defendant Gordon Companies Inc. is a corporation organized and existing under
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`the laws of New York that maintains an established place of business at 85 Innsbruck Drive,
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`Cheektowaga, New York, 14227.
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`JURISDICTION
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code.
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`4.
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`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
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`1338(a).
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`1
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`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 2 of 10
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`5.
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`This Court has personal jurisdiction over Defendant because it has engaged in
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`systematic and continuous business activities in this District, and is incorporated in this District's
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`state. As described below, Defendant has committed acts of patent infringement giving rise to
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`this action within this District.
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`VENUE
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`6.
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`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
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`committed acts of patent infringement in this District, has an established place of business in this
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`District, and is incorporated in this District's state. In addition, Launchip has suffered harm in
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`this district.
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`PATENTS-IN-SUIT
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`7.
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`Launchip is the assignee of all right, title and interest in United States Patent Nos.
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`6,285,140 (the "'140 Patent"); 8,203,275 (the "'275 Patent"); 8,390,206 (the "'206 Patent");
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`(collectively the "Patents-in-Suit"); including all rights to enforce and prosecute actions for
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`infringement and to collect damages for all relevant times against infringers of the Patents-in-
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`Suit. Accordingly, Launchip possesses the exclusive right and standing to prosecute the present
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`action for infringement of the Patents-in-Suit by Defendant.
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`The '140 Patent
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`8.
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`The '140 Patent is entitled "Variable-effect lighting system," and issued 9/4/2001.
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`The application leading to the '140 Patent was filed on 4/21/1999. A true and correct copy of the
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`'140 Patent is attached hereto as Exhibit 1 and incorporated herein by reference.
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`9.
`
`The '140 Patent is valid and enforceable.
`
`The '275 Patent
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`
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`2
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`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 3 of 10
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`10.
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`The '275 Patent is entitled "Variable-effect lighting system," and issued
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`6/19/2012. The application leading to the '275 Patent was filed on 8/16/2006. A true and correct
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`copy of the '275 Patent is attached hereto as Exhibit 2 and incorporated herein by reference.
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`11.
`
`The '275 Patent is valid and enforceable.
`
`The '206 Patent
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`12.
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`The '206 Patent is entitled "Variable-effect lighting system," and issued
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`8/16/2005. The application leading to the '206 Patent was filed on 6/18/2012. A true and correct
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`copy of the '206 Patent is attached hereto as Exhibit 3 and incorporated herein by reference.
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`13.
`
`The '206 Patent is valid and enforceable.
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`COUNT 1: INFRINGEMENT OF THE '140 PATENT
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`Launchip incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant has been and continues to directly infringe one
`
`14.
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`15.
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`or more claims of the '140 Patent in at least this District by making, using, offering to sell, selling
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`and/or importing, without limitation, at least the Gordon products identified in the charts
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`incorporated into this Count below (among the "Exemplary Gordon Products") that infringe at
`
`least the exemplary claims of the '140 Patent also identified in the charts incorporated into this
`
`Count below (the "Exemplary '140 Patent Claims") literally or by the doctrine of equivalents. On
`
`information and belief, numerous other devices that infringe the claims of the '140 Patent have
`
`been made, used, sold, imported, and offered for sale by Defendant and/or its customers.
`
`16.
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`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary '140 Patent Claims, by having its employees internally
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`test and use these Exemplary Products.
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`3
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`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 4 of 10
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`17.
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`The service of this Complaint upon Defendant constitutes actual knowledge of
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`infringement as alleged here.
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`18.
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`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the '140 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Gordon Products and
`
`distribute product literature and website materials inducing end users and others to use its
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`products in the customary and intended manner that infringes the '140 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the '140
`
`Patent.
`
`19.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
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`been and continues to induce infringement of the '140 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Gordon Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the '140 Patent.
`
`20.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers' infringement of the '140
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Gordon Products to their
`
`customers for use in end-user products in a manner that infringes one or more claims of the '140
`
`Patent. Moreover, the Exemplary Gordon Products are not a staple article of commerce suitable
`
`for substantial noninfringing use.
`
`21.
`
`Exhibit 4 includes charts comparing the Exemplary '140 Patent Claims to the
`
`Exemplary Gordon Products. As set forth in these charts, the Exemplary Gordon Products
`
`practice the technology claimed by the '140 Patent. Accordingly, the Exemplary Gordon
`
`Products incorporated in these charts satisfy all elements of the Exemplary '140 Patent Claims.
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`4
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`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 5 of 10
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`22.
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`Launchip therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 4.
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`23.
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`Launchip is entitled to recover damages adequate to compensate for Defendant's
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`infringement.
`
`24.
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`25.
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`COUNT 2: INFRINGEMENT OF THE '275 PATENT
`
`Launchip incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the '275 Patent in at least this District by making, using, offering to sell, selling
`
`and/or importing, without limitation, at least the Gordon products identified in the charts
`
`incorporated into this Count below (among the "Exemplary Gordon Products") that infringe at
`
`least the exemplary claims of the '275 Patent also identified in the charts incorporated into this
`
`Count below (the "Exemplary '275 Patent Claims") literally or by the doctrine of equivalents. On
`
`information and belief, numerous other devices that infringe the claims of the '275 Patent have
`
`been made, used, sold, imported, and offered for sale by Defendant and/or its customers.
`
`26.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary '275 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`27.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`28.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the '275 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Gordon Products and
`
`distribute product literature and website materials inducing end users and others to use its
`
`
`
`5
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`
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`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 6 of 10
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`products in the customary and intended manner that infringes the '275 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the '275
`
`Patent.
`
`29.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the '275 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Gordon Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the '275 Patent.
`
`30.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers' infringement of the '275
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Gordon Products to their
`
`customers for use in end-user products in a manner that infringes one or more claims of the '275
`
`Patent. Moreover, the Exemplary Gordon Products are not a staple article of commerce suitable
`
`for substantial noninfringing use.
`
`31.
`
`Exhibit 5 includes charts comparing the Exemplary '275 Patent Claims to the
`
`Exemplary Gordon Products. As set forth in these charts, the Exemplary Gordon Products
`
`practice the technology claimed by the '275 Patent. Accordingly, the Exemplary Gordon
`
`Products incorporated in these charts satisfy all elements of the Exemplary '275 Patent Claims.
`
`32.
`
`Launchip therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 5.
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`33.
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`Launchip is entitled to recover damages adequate to compensate for Defendant's
`
`infringement.
`
`COUNT 3: INFRINGEMENT OF THE '206 PATENT
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`34.
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`Launchip incorporates the above paragraphs herein by reference.
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`
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`6
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`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 7 of 10
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`35.
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`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the '206 Patent in at least this District by making, using, offering to sell, selling
`
`and/or importing, without limitation, at least the Gordon products identified in the charts
`
`incorporated into this Count below (among the "Exemplary Gordon Products") that infringe at
`
`least the exemplary claims of the '206 Patent also identified in the charts incorporated into this
`
`Count below (the "Exemplary '206 Patent Claims") literally or by the doctrine of equivalents. On
`
`information and belief, numerous other devices that infringe the claims of the '206 Patent have
`
`been made, used, sold, imported, and offered for sale by Defendant and/or its customers.
`
`36.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary '206 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`37.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`38.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the '206 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Gordon Products and
`
`distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the '206 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the '206
`
`Patent.
`
`39.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the '206 Patent, literally or by the doctrine of
`
`
`
`7
`
`
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`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 8 of 10
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`equivalents, by selling Exemplary Gordon Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the '206 Patent.
`
`40.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers' infringement of the '206
`
`Patent, literally or by the doctrine of equivalents, by selling Exemplary Gordon Products to their
`
`customers for use in end-user products in a manner that infringes one or more claims of the '206
`
`Patent. Moreover, the Exemplary Gordon Products are not a staple article of commerce suitable
`
`for substantial noninfringing use.
`
`41.
`
`Exhibit 6 includes charts comparing the Exemplary '206 Patent Claims to the
`
`Exemplary Gordon Products. As set forth in these charts, the Exemplary Gordon Products
`
`practice the technology claimed by the '206 Patent. Accordingly, the Exemplary Gordon
`
`Products incorporated in these charts satisfy all elements of the Exemplary '206 Patent Claims.
`
`42.
`
`Launchip therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 6.
`
`43.
`
`Launchip is entitled to recover damages adequate to compensate for Defendant's
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`infringement.
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`JURY DEMAND
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`44.
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`Under Rule 38(b) of the Federal Rules of Civil Procedure, Launchip respectfully
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`requests a trial by jury on all issues so triable.
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`PRAYER FOR RELIEF
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`WHEREFORE, Launchip respectfully requests the following relief:
`
`A.
`
`B.
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`A judgment that the '140 Patent is valid and enforceable;
`
`A judgment that the '275 Patent is valid and enforceable;
`
`
`
`8
`
`
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`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 9 of 10
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`C.
`
`D.
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`A judgment that the '206 Patent is valid and enforceable;
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`A judgment that Defendant has infringed, contributorily infringed, and/or induced
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`infringement of one or more claims of the '140 Patent;
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`E.
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`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the '275 Patent;
`
`F.
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`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`G.
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`H.
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`infringement of one or more claims of the '206 Patent;
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`An accounting of all damages not presented at trial;
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`A judgment that awards Launchip all appropriate damages under 35 U.S.C. § 284
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`for Defendant's past infringement, and any continuing or future infringement of the
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`Patents-in-Suit, up until the date such judgment is entered, including pre- or post-
`
`judgment interest, costs, and disbursements as justified under 35 U.S.C. § 284 and,
`
`if necessary, to adequately compensate Launchip for Defendant's infringement, an
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`accounting:
`
`i.
`
`that this case be declared exceptional within the meaning of 35 U.S.C. § 285
`
`and that Launchip be awarded its reasonable attorneys' fees against Defendant
`
`that it incurs in prosecuting this action;
`
`ii.
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`that Launchip be awarded costs, and expenses that it incurs in prosecuting this
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`action; and
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`iii.
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`that Launchip be awarded such further relief at law or in equity as the Court
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`deems just and proper.
`
`
`
`
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`Dated: February 25, 2020
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`
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`Respectfully submitted,
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`9
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`
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`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 10 of 10
`
`/s/ Isaac Rabicoff
`Isaac Rabicoff
`Rabicoff Law LLC
`73 W Monroe St
`Chicago, IL 60603
`(773) 669-4590
`isaac@rabilaw.com
`
`Counsel for Plaintiff
`Launchip LLC
`
`10
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