UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF LOUISIANA
`
`CIVIL ACTION
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`CASE NO.
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`SECT.
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`*
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`**
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`*
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`MAGISTRATE
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF FOR PATENT
`INFRINGEMENT AND DEMAND FOR TRIAL BY JURY
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`JAM STRAIT, INC.
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`vs.
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`OSRAM SYLVANIA, INC.
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`NOW INTO COURT, through undersigned counsel, comes Plaintiff, Jam Strait,
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`Inc., (hereinafter “Plaintiff” or “Jam Strait”), which respectfully avers that:
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`Parties
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`1.
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`Plaintiff, Jam Strait, Inc., is a Mississippi corporation with its principal place of
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`business in Newton, Mississippi.
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`1
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`EASTERN DISTRICT OF LOUISIANA
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`CIVIL ACTION
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`CASE NO.
`
`SECT.
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`*
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`**
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`
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`
`*
`*
`*
`*
`MAGISTRATE
` *
`*
`*
`JURY TRIAL DEMANDED
`**********************************************************************
`COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF FOR PATENT
`INFRINGEMENT AND DEMAND FOR TRIAL BY JURY
`
`JAM STRAIT, INC.
`
`vs.
`
`
`OSRAM SYLVANIA, INC.
`
`NOW INTO COURT, through undersigned counsel, comes Plaintiff, Jam Strait,
`
`Inc., (hereinafter “Plaintiff” or “Jam Strait”), which respectfully avers that:
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`Parties
`
`1.
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`Plaintiff, Jam Strait, Inc., is a Mississippi corporation with its principal place of
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`business in Newton, Mississippi.
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`1
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`
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`2.
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`Defendant, Osram Sylvania, Inc. (hereinafter “Defendant”) is a corporation
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`organized under the laws of Delaware with its principal place of business in Danvers,
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`Massachusetts.
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`3.
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`Defendant is and has been doing business, and has committed acts and caused
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`damages, in this judicial district at all times relevant hereto.
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`Jurisdiction and Venue
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`4.
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`This is an action for a patent infringement under the Patent Laws of the United
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`States, 35 U.S.C. §1 et seq. Furthermore, the amount in controversy exceeds $75,000
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`exclusive of interest and costs. Accordingly, subject matter jurisdiction herein is based
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`upon 28 U.S.C. §§1331, 1332 and 1338.
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`5.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §1391(b) and (c) and
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`1400(b) because Defendant is doing business and “resides” in this judicial district as
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`defined by 28 U.S.C. §1391(c), a substantial part of the events or omissions giving rise to
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`this claim occurred in this district and Defendant has committed acts of patent
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`infringement in this district.
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`2
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`
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`Facts
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`6.
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`Plaintiff produces and sells a variety of light-emitting-diode (LED) lamps, lights,
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`bulbs and similar products.
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`7.
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`On September 7, 2004, the U.S. Patent and Trademark Office issued to Bruce
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`Wesson, inventor, U.S. patent No. 6,786,625 (the ‘625 patent) for an “LED Light Module
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`for Vehicles.” Exhibit A.
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`8.
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`At all times since the issuance of the ‘625 patent, Plaintiff, Jam Strait, has been the
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`assignee and owner of the ‘625 patent.
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`9.
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`Since the issuance of the ‘625 patent, Jam Strait has fulfilled the marking
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`requirements under 35 U.S.C. §287(a), thereby giving notice to the public that the
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`invention is protected by the ‘625 patent.
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`10.
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`Jam Strait has the manufacturing capability to meet the needs of the market for the
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`invention claimed in the ‘625 patent.
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`11.
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`In spite of the valid and enforceable patent, Defendant produces and distributes a
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`3
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`
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`“168/194/2825" LED light (“the Sylvania LED”) that infringes at least claim 30, and
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`possibly other claims, of the ‘625 patent. Exhibits B-D.
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`Claim for Relief-Infringement of U.S. Patent No. 6,786,625
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`The allegations of paragraphs 1-11 are repeated and are incorporated herein by
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`12.
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`reference.
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`13.
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`By manufacturing and selling the Sylvania LED, Defendant has infringed and
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`continues to infringe the ‘625 patent by importing, making, selling, offering for sale
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`and/or using the invention claimed in the ‘625 patent, and by causing the invention to be
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`made, used, offered for sale, and/or sold by others and each other, and will continue to do
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`so unless enjoined by the Court.
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`14.
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`Defendant has directly infringed, contributorily infringed and actively induced
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`others to infringe the ‘625 patent.
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`15.
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`Upon information and belief, Defendant had actual knowledge of the ‘625 patent
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`since its date of issue, but in spite of such knowledge, Defendant has continued and
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`threatens to continue its infringement of the ‘625 patent in defiant disregard of Plaintiff’s
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`rights under the patent, and Defendant has made, and is currently making profits from
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`4
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`
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`such infringement that rightfully belong to Plaintiff.
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`16.
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`Defendant’s infringement of the ‘625 patent is wilful and wanton and in complete
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`disregard of Plaintiff’s rights, warranting an increased award of treble damages pursuant
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`to 35 U.S.C. §284.
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`17.
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`Unless this Court enjoins Defendant from further infringement of the ‘625 patent,
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`Plaintiff will be irreparably harmed and will incur further damages.
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`18.
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`Plaintiff currently has no means of accurately determining the extent of
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`Defendant’s infringement of the ‘625 patent, or the amount of its damages resulting
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`therefrom, except through the production of evidence that is now in Defendant’s
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`possession and control.
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`19.
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`Pursuant to 35 U.S.C. §283, Plaintiff is entitled to preliminary and permanent
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`injunctions enjoining Defendant from continuing to directly or contributorily infringe,
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`and/or from actively inducing others to infringe the ‘625 patent.
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`20.
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`Pursuant to 35 U.S.C. §284, Plaintiff is entitled to judgment in its favor and
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`against Defendant awarding all damages that Plaintiff has sustained due to Defendant’s
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`5
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`
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`infringement of the ‘625 patent, including increased damages in the amount of three times
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`Plaintiff’s actual damages, together with prejudgment and post-judgment interest, costs
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`and expenses.
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`21.
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`This is an exceptional case under 35 U.S.C. §285 entitling Plaintiff to reasonable
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`attorneys’ fees.
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`22.
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`Plaintiff hereby demands a trial by jury according to Fed. Rule Civ. Pro. 38.
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`WHEREFORE, Plaintiff, Jam Strait, Inc., respectfully prays for judgment in its
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`favor and against Defendant, Osram Sylvania, Inc., as follows: 1) Preliminarily and
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`permanently enjoining Osram Sylvania from directly and contributorily infringing and/or
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`inducing others to infringe the ‘625 patent; 2) awarding Jam Strait all damages that it has
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`sustained due to Osram Sylvania’s infringement of the ‘625 patent, including increased
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`damages of three times the damages sustained, together with prejudgment and post-
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`judgment interest, costs and expenses; 3) awarding Jam Strait attorneys’ fees and any
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`6
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`
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`further relief as the Court deems just or equitable under the circumstances.
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`RESPECTFULLY SUBMITTED,
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`/kenneth l. tolar/
`KENNETH L. TOLAR (Bar No. 22641) (T.A.)
`ATTORNEY AT LAW
`2908 HESSMER AVENUE
`METAIRIE, LOUISIANA 70002
`TELEPHONE: (504) 780-9891
`FACSIMILE: (504) 780-7741
`Email:tolar@cavtel.net
`
`ATTORNEY FOR JAM STRAIT, INC.
`
`7
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`
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