Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 1 of 10
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF NEW YORK
`BUFFALO DIVISION
`
`
`
`
`Case No.
`
`Patent Case
`
`Jury Trial Demanded
`
`
`Launchip LLC,
`
`Plaintiff,
`
`v.
`
`Gordon Companies Inc.,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Launchip LLC ("Launchip"), through its attorneys, complains of Gordon
`
`Companies Inc. ("Gordon"), and alleges the following:
`
`PARTIES
`
`1.
`
`Plaintiff Launchip LLC is a corporation organized and existing under the laws of
`
`Texas that maintains its principal place of business at 6009 W Parker Rd, Ste 149 1045, Plano,
`
`TX 75093-8121.
`
`2.
`
`Defendant Gordon Companies Inc. is a corporation organized and existing under
`
`the laws of New York that maintains an established place of business at 85 Innsbruck Drive,
`
`Cheektowaga, New York, 14227.
`
`JURISDICTION
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`4.
`
`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF NEW YORK
`BUFFALO DIVISION
`
`
`
`
`Case No.
`
`Patent Case
`
`Jury Trial Demanded
`
`
`Launchip LLC,
`
`Plaintiff,
`
`v.
`
`Gordon Companies Inc.,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Launchip LLC ("Launchip"), through its attorneys, complains of Gordon
`
`Companies Inc. ("Gordon"), and alleges the following:
`
`PARTIES
`
`1.
`
`Plaintiff Launchip LLC is a corporation organized and existing under the laws of
`
`Texas that maintains its principal place of business at 6009 W Parker Rd, Ste 149 1045, Plano,
`
`TX 75093-8121.
`
`2.
`
`Defendant Gordon Companies Inc. is a corporation organized and existing under
`
`the laws of New York that maintains an established place of business at 85 Innsbruck Drive,
`
`Cheektowaga, New York, 14227.
`
`JURISDICTION
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`4.
`
`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`
`
`1
`
`
`
`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 2 of 10
`
`5.
`
`This Court has personal jurisdiction over Defendant because it has engaged in
`
`systematic and continuous business activities in this District, and is incorporated in this District's
`
`state. As described below, Defendant has committed acts of patent infringement giving rise to
`
`this action within this District.
`
`VENUE
`
`6.
`
`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
`
`committed acts of patent infringement in this District, has an established place of business in this
`
`District, and is incorporated in this District's state. In addition, Launchip has suffered harm in
`
`this district.
`
`PATENTS-IN-SUIT
`
`7.
`
`Launchip is the assignee of all right, title and interest in United States Patent Nos.
`
`6,285,140 (the "'140 Patent"); 8,203,275 (the "'275 Patent"); 8,390,206 (the "'206 Patent");
`
`(collectively the "Patents-in-Suit"); including all rights to enforce and prosecute actions for
`
`infringement and to collect damages for all relevant times against infringers of the Patents-in-
`
`Suit. Accordingly, Launchip possesses the exclusive right and standing to prosecute the present
`
`action for infringement of the Patents-in-Suit by Defendant.
`
`The '140 Patent
`
`8.
`
`The '140 Patent is entitled "Variable-effect lighting system," and issued 9/4/2001.
`
`The application leading to the '140 Patent was filed on 4/21/1999. A true and correct copy of the
`
`'140 Patent is attached hereto as Exhibit 1 and incorporated herein by reference.
`
`9.
`
`The '140 Patent is valid and enforceable.
`
`The '275 Patent
`
`
`
`2
`
`
`
`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 3 of 10
`
`10.
`
`The '275 Patent is entitled "Variable-effect lighting system," and issued
`
`6/19/2012. The application leading to the '275 Patent was filed on 8/16/2006. A true and correct
`
`copy of the '275 Patent is attached hereto as Exhibit 2 and incorporated herein by reference.
`
`11.
`
`The '275 Patent is valid and enforceable.
`
`The '206 Patent
`
`12.
`
`The '206 Patent is entitled "Variable-effect lighting system," and issued
`
`8/16/2005. The application leading to the '206 Patent was filed on 6/18/2012. A true and correct
`
`copy of the '206 Patent is attached hereto as Exhibit 3 and incorporated herein by reference.
`
`13.
`
`The '206 Patent is valid and enforceable.
`
`COUNT 1: INFRINGEMENT OF THE '140 PATENT
`
`Launchip incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`14.
`
`15.
`
`or more claims of the '140 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 '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.
`
`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
`
`test and use these Exemplary Products.
`
`
`
`3
`
`
`
`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 4 of 10
`
`17.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`18.
`
`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
`
`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
`
`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.
`
`
`
`4
`
`
`
`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 5 of 10
`
`22.
`
`Launchip therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 4.
`
`23.
`
`Launchip is entitled to recover damages adequate to compensate for Defendant's
`
`infringement.
`
`24.
`
`25.
`
`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
`
`
`
`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 6 of 10
`
`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.
`
`33.
`
`Launchip is entitled to recover damages adequate to compensate for Defendant's
`
`infringement.
`
`COUNT 3: INFRINGEMENT OF THE '206 PATENT
`
`34.
`
`Launchip incorporates the above paragraphs herein by reference.
`
`
`
`6
`
`
`
`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 7 of 10
`
`35.
`
`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
`
`
`
`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 8 of 10
`
`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
`
`infringement.
`
`JURY DEMAND
`
`44.
`
`Under Rule 38(b) of the Federal Rules of Civil Procedure, Launchip respectfully
`
`requests a trial by jury on all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Launchip respectfully requests the following relief:
`
`A.
`
`B.
`
`A judgment that the '140 Patent is valid and enforceable;
`
`A judgment that the '275 Patent is valid and enforceable;
`
`
`
`8
`
`
`
`Case 1:20-cv-00242-JLS Document 1 Filed 02/25/20 Page 9 of 10
`
`C.
`
`D.
`
`A judgment that the '206 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the '140 Patent;
`
`E.
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the '275 Patent;
`
`F.
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`G.
`
`H.
`
`infringement of one or more claims of the '206 Patent;
`
`An accounting of all damages not presented at trial;
`
`A judgment that awards Launchip all appropriate damages under 35 U.S.C. § 284
`
`for Defendant's past infringement, and any continuing or future infringement of the
`
`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
`
`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.
`
`that Launchip be awarded costs, and expenses that it incurs in prosecuting this
`
`action; and
`
`iii.
`
`that Launchip be awarded such further relief at law or in equity as the Court
`
`deems just and proper.
`
`
`
`
`
`Dated: February 25, 2020
`
`
`
`Respectfully submitted,
`
`9
`
`
`
`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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`
`
`
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