Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 1 of 16
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WISCONSIN
`
`
`CREE, INC.
`
`
`
`
`v.
`
`Plaintiff,
`
`KINGBRIGHT ELECTRONIC CO., LTD.,
`KINGBRIGHT CORPORATION, AND
`SUNLED CORPORATION
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`Case No. 14-CV-621
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`COMPLAINT
`
`
`Plaintiff Cree, Inc. (“Cree”) for its Complaint against Defendants Kingbright
`
`Electronic Co., Ltd., Kingbright Corp., and SunLED Corp. (collectively “Defendants”)
`
`state as follows:
`
`PARTIES
`
`1.
`
`Plaintiff Cree is a North Carolina Corporation having a principal place of
`
`business at 4600 Silicon Drive, Durham, North Carolina 27703. Cree also has facilities
`
`at 9201 Washington Avenue, Racine, Wisconsin 53406 (formerly the headquarters of
`
`Ruud Lighting, Inc. (“Ruud”), which has now legally merged with Cree).
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WISCONSIN
`
`
`CREE, INC.
`
`
`
`
`v.
`
`Plaintiff,
`
`KINGBRIGHT ELECTRONIC CO., LTD.,
`KINGBRIGHT CORPORATION, AND
`SUNLED CORPORATION
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`Case No. 14-CV-621
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`COMPLAINT
`
`
`Plaintiff Cree, Inc. (“Cree”) for its Complaint against Defendants Kingbright
`
`Electronic Co., Ltd., Kingbright Corp., and SunLED Corp. (collectively “Defendants”)
`
`state as follows:
`
`PARTIES
`
`1.
`
`Plaintiff Cree is a North Carolina Corporation having a principal place of
`
`business at 4600 Silicon Drive, Durham, North Carolina 27703. Cree also has facilities
`
`at 9201 Washington Avenue, Racine, Wisconsin 53406 (formerly the headquarters of
`
`Ruud Lighting, Inc. (“Ruud”), which has now legally merged with Cree).
`
`
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 2 of 16
`
`2.
`
`On information and belief, Defendant Kingbright Electronic Co., Ltd. is a
`
`Taiwanese entity located at 3F, No. 317-1, Chung Shan Road, Sec. 2, Taipei, Taiwan
`
`235.
`
`3.
`
`On information and belief, Defendant Kingbright Corp. is a California
`
`entity located at 225 Brea Canyon Road, City of Industry, California 91789. Defendant
`
`Kingbright Corp.’s registered agent for service of process in the state of California is
`
`May Chan, 225 Brea Canyon Road, City of Industry, California 91799.
`
`4.
`
`On information and belief, Defendant SunLED Corporation, an affiliate of
`
`Defendant Kingbright Electronic Co., Ltd., is a California corporation having a principal
`
`place of business at 4010 Valley Blvd, Ste 100, Walnut, California 91780-0935.
`
`Defendant SunLED Corporation’s registered agent for service of process in the state of
`
`California is Sarene Wan, 4010 Valley Blvd, Ste. 100, Walnut, California 91789.
`
`JURISDICTION AND VENUE
`
`5.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 1
`
`et seq., including without limitation 35 U.S.C. §§ 271 and 281. This Court has exclusive
`
`jurisdiction over the subject matter of this action under 28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendants under Wis. Stat. §
`
`801.05(1)(d), among other provisions. Defendants regularly and deliberately engage in
`
`and continue to engage in activities that result in using, selling, offering for sale, and/or
`
`importing infringing products in and/or into the State of Wisconsin and this judicial
`
`district. This Court has personal jurisdiction over the Defendants because, among other
`
`things, Defendants conduct business in the State of Wisconsin and in this judicial district
`
`and thus enjoy the privileges and protections of Wisconsin law.
`
`
`
`-2-
`
`
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`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 3 of 16
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`7.
`
`Venue is proper pursuant to 28 U.S.C. §§ 1391(b), (c), and (d) and
`
`1400(b).
`
`BACKGROUND
`
`8.
`
`Cree repeats and re-alleges each and every allegation of the foregoing
`
`paragraphs as though fully set forth herein.
`
`9.
`
`Cree is a market-leading innovator engaged in the design, manufacture,
`
`and sale of lighting products including light emitting diode (“LED”) products as well as
`
`devices and apparatuses utilizing LEDs.
`
`10.
`
`Cree’s Ruud Lighting operation, which was likewise engaged in the
`
`design, manufacture, and sale of LED lighting products, legally merged into Cree
`
`effective January 1, 2013. Cree continues to design, develop, and manufacture its LED
`
`lighting products in Wisconsin.
`
`11.
`
`Defendants make, use, sell, offer to sell in, and/or import into the United
`
`States lighting products including LED products and apparatuses utilizing LEDs.
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,600,175
`
`12.
`
`Cree repeats and re-alleges each and every allegation of the foregoing
`
`paragraphs as though fully set forth herein.
`
`13.
`
`Cree is the owner, by assignment in 2004, of United States Patent No.
`
`6,600,175 (the ’175 Patent”) titled “Solid State White Light Emitter and Display Using
`
`the Same.” The ’175 Patent was duly and legally issued by the United States Patent and
`
`Trademark Office on July 29, 2003. A true and correct copy of the ’175 Patent is
`
`attached as Exhibit A.
`
`
`
`-3-
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`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 4 of 16
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`14.
`
`As the owner of the ’175 Patent, Cree is authorized and has standing to
`
`bring legal action to enforce all rights arising under the ’175 Patent.
`
`15.
`
`Defendants have infringed, and will continue to infringe, by making,
`
`using, selling, offering to sell in, and/or importing into the United States white LED
`
`products that include structure(s) recited in at least one claim of the ’175 Patent. Such
`
`Kingbright products include, by way of example and without limitation, Kingbright
`
`defendants’ white LED products identified as “Warm White” AA3535QR425Z1S-W2,
`
`“Neutral White” AA3535QR425Z1S-N1, “Cool White” AA3535QR425Z1S-C1, “Cool
`
`White” AA3535QR4A25Z4S-C1, “Cool White” AAAF5051QR425Z3S-C1, “Warm
`
`White” AA3535QR4A25Z4S-W2, and “Neutral White” AA3535QR4A25Z4S-N1. Such
`
`SunLED products include, by way of example and without limitation, SunLED
`
`defendant’s “Cool White” XZRUW46X143SCA, “Neutral White” XZRUW46X143SNA,
`
`“Warm White” XZRUW46X143SWB, “Cool White” XZWR14X146SCA, “Neutral
`
`White” XZWR14X146SNA, “Warm White” XZWR14X146SWB, “Cool White”
`
`XZWRA25X92SCA-4, “Neutral White” XZWRA25X92SNA-4, “Warm White”
`
`XZWRA25X92SWB-4, “Cool White” XZ4WRA20X146SCA, and “Warm White”
`
`XZ4WRA20X146SWB.
`
`16.
`
`Defendants have had actual knowledge of the ’175 Patent at least since
`
`December 2005. In December 2005, Kingbright Electronic Co., Ltd. (listing SunLED
`
`Corporation as an affiliate) signed a Patent License Agreement related to, inter alia, the
`
`’175 Patent. That patent license agreement was terminated on August 14, 2014.
`
`Defendants continue to, inter alia, make sell, offer for sale, and/or import into the United
`
`States infringing white LED products, thus intending for its actions to result in
`
`
`
`-4-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 5 of 16
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`infringement or disregarding an objectively high likelihood that such actions will result in
`
`infringement. Defendants’ infringement is therefore willful.
`
`17.
`
`On
`
`information and belief, Defendants have knowingly
`
`induced
`
`infringement, and have had specific intent to induce infringement of the ’175 Patent by,
`
`inter alia, marketing, selling, supporting sales, and/or distributing infringing white LED
`
`products. Defendants’ customers, including without limitation manufacturers and
`
`contract manufacturers of products including LEDs, directly infringe the ’175 Patent by,
`
`inter alia, making, using, selling, offering to sell in, and/or importing white LED
`
`products, or products that include white LEDs, with structure(s) recited in at least one
`
`claim of the ’175 Patent.
`
`18.
`
`On information and belief, Defendants have and will continue to commit
`
`contributory infringement of the ’175 Patent by selling their infringing LED products,
`
`which are material components without substantial non-infringing uses, to customers that
`
`incorporate those products into devices to be sold and/or imported into the United States.
`
`On information and belief, Defendants had knowledge and continue to have knowledge
`
`that such components are especially made or adapted for use in such a manner that
`
`would/will infringe the ’175 Patent. Defendants’ customers directly infringe the ’175
`
`Patent by, inter alia, making, using, selling, offering to sell in, and/or importing into the
`
`United States white LED products, or products that include white LEDs, with structure(s)
`
`recited in at least one claim of the ’175 Patent.
`
`19.
`
`As a result of Defendants’ infringement of the ’175 Patent, Cree has
`
`suffered and will continue to suffer irreparable and monetary damages in an amount to be
`
`
`
`-5-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 6 of 16
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`determined at trial, but in no event less than a reasonable royalty, together with interest
`
`and costs as fixed by the Court.
`
`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,943,945
`
`20.
`
`Cree repeats and re-alleges each and every allegation of the foregoing
`
`paragraphs as though fully set forth herein.
`
`21.
`
`Cree is the owner of United States Patent No. 7,943,945 (“the ’945
`
`Patent”) titled “Solid State White Light Emitter and Display Using the Same.” The
`
`reexamination certificate for the ’945 Patent was duly and legally issued by the United
`
`States Patent and Trademark Office on September 20, 2013. A true and correct copy of
`
`the ’945 Patent is attached as Exhibit B.
`
`22.
`
`As the owner of the ’945 Patent, Cree is authorized and has standing to
`
`bring legal action to enforce all rights arising under the ’945 Patent.
`
`23.
`
`Defendants have infringed and will continue to infringe by making, using,
`
`selling, offering to sell in, and/or importing into the United States white LED products
`
`that include structure(s) recited in at least one claim of the ’945 Patent. Such Kingbright
`
`products include, by way of example and without limitation, Kingbright defendants’
`
`white LED products identified as “Warm White” AA3535QR425Z1S-W2, “Cool White”
`
`AA3535QR4A25Z4S-C1, “Cool White” AAAF5051QR425Z3S-C1, “Warm White”
`
`AA3535QR4A25Z4S-W2, and “Neutral White” AA3535QR4A25Z4S-N1.
`
` Such
`
`SunLED products include, by way of example and without limitation, SunLED
`
`defendant’s “Cool White” XZRUW46X143SCA, “Neutral White” XZRUW46X143SNA,
`
`“Warm White” XZRUW46X143SWB, “Cool White” XZWR14X146SCA, “Neutral
`
`White” XZWR14X146SNA, “Warm White” XZWR14X146SWB, “Cool White”
`
`
`
`-6-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 7 of 16
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`XZWRA25X92SCA-4, “Neutral White” XZWRA25X92SNA-4, “Warm White”
`
`XZWRA25X92SWB-4, “Cool White” XZ4WRA20X146SCA, and “Warm White”
`
`XZ4WRA20X146SWB.
`
`24.
`
`The Kingbright defendants have had actual knowledge of the ’945 Patent
`
`at least since June 14, 2013. On information and belief, Defendant SunLED has had
`
`actual knowledge of the ’945 Patent at least since June 14, 2013. Defendants continue to,
`
`inter alia, make sell, offer for sale, and/or import into the United States infringing white
`
`LED products, thus intending for their actions to result in infringement or disregarding an
`
`objectively high likelihood that such actions will result in infringement. Defendants’
`
`infringement is therefore willful.
`
`25.
`
`On
`
`information and belief, Defendants have knowingly
`
`induced
`
`infringement, and have had specific intent to induce infringement of the ’945 Patent by,
`
`inter alia, marketing, selling, supporting sales, and/or distributing infringing white LED
`
`products. Defendants’ customers, including without limitation manufacturers and
`
`contract manufacturers of products including LEDs, directly infringe the ’945 Patent by,
`
`inter alia, making, using, selling, offering to sell in, and/or importing white LED
`
`products, or products that include white LEDs, with structure(s) recited in at least one
`
`claim of the ’945 Patent.
`
`26.
`
`On information and belief, Defendants have and will continue to commit
`
`contributory infringement of the ’945 Patent by selling their infringing LED products,
`
`which are material components without substantial non-infringing uses, to customers that
`
`incorporate those products into devices to be sold and/or imported into the United States.
`
`On information and belief, Defendants had knowledge and continue to have knowledge
`
`
`
`-7-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 8 of 16
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`that such components are especially made or adapted for use in such a manner that
`
`would/will infringe the ’945 Patent. Defendants’ customers directly infringe the ’945
`
`Patent by, inter alia, making, using, selling, offering to sell in, and/or importing into the
`
`United States white LED products, or products that include white LEDs, with structure(s)
`
`recited in at least one claim of the ’945 Patent.
`
`27.
`
`As a result of Defendants’ infringement of the ’945 Patent, Cree has
`
`suffered and will continue to suffer irreparable and monetary damages in an amount to be
`
`determined at trial, but in no event less than a reasonable royalty, together with interest
`
`and costs as fixed by the Court.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 8,659,034
`
`28.
`
`Cree repeats and re-alleges each and every allegation of the foregoing
`
`paragraphs as though fully set forth herein.
`
`29.
`
`Cree is the owner of United States Patent No. 8,659,034 (“the ’034
`
`Patent”) titled “Solid State White Light Emitter and Display Using the Same.” The ’034
`
`Patent was duly and legally issued by the United States Patent and Trademark Office on
`
`February 25, 2014. A true and correct copy of the ’034 Patent is attached as Exhibit C.
`
`30.
`
`As the owner of the ’034 Patent, Cree is authorized and has standing to
`
`bring legal action to enforce all rights arising under the ’034 Patent.
`
`31.
`
`Defendants have infringed and will continue to infringe by making, using,
`
`selling, offering to sell in, and/or importing into the United States white LED products
`
`that include structure(s) recited in at least one claim of the ’034 Patent. Such Kingbright
`
`products include, by way of example and without limitation, Kingbright defendants’
`
`white LED products identified as “Warm White” AA3535QR425Z1S-W2, “Cool White”
`
`
`
`-8-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 9 of 16
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`AA3535QR4A25Z4S-C1, “Cool White” AAAF5051QR425Z3S-C1, “Warm White”
`
`AA3535QR4A25Z4S-W2, and “Neutral White” AA3535QR4A25Z4S-N1.
`
` Such
`
`SunLED products include, by way of example and without limitation, SunLED
`
`defendant’s “Cool White” XZRUW46X143SCA, “Neutral White” XZRUW46X143SNA,
`
`“Warm White” XZRUW46X143SWB, “Cool White” XZWR14X146SCA, “Neutral
`
`White” XZWR14X146SNA, “Warm White” XZWR14X146SWB, “Cool White”
`
`XZWRA25X92SCA-4, “Neutral White” XZWRA25X92SNA-4, “Warm White”
`
`XZWRA25X92SWB-4, “Cool White” XZ4WRA20X146SCA, and “Warm White”
`
`XZ4WRA20X146SWB.
`
`32.
`
`The Kingbright defendants have had actual knowledge of the ’034 Patent
`
`at least since March 2014. On information and belief, Defendant SunLED has had actual
`
`knowledge of the ’034 Patent at least since March 2014. Defendants continue to, inter
`
`alia, make, sell, offer for sale, and/or import into the United States infringing white LED
`
`products, thus intending for their actions to result in infringement or disregarding an
`
`objectively high likelihood that such actions will result in infringement. Defendants’
`
`infringement is therefore willful.
`
`33.
`
`On
`
`information and belief, Defendants have knowingly
`
`induced
`
`infringement, and have had specific intent to induce infringement of the ’034 Patent by,
`
`inter alia, marketing, selling, supporting sales, and/or distributing infringing white LED
`
`products. Defendants’ customers, including without limitation manufacturers and
`
`contract manufacturers of products including LEDs, directly infringe the ’034 Patent by,
`
`inter alia, making, using, selling, offering to sell in, and/or importing white LED
`
`
`
`-9-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 10 of 16
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`products, or products that include white LEDs, with structure(s) recited in at least one
`
`claim of the ’034 Patent.
`
`34.
`
`On information and belief, Defendants have and will continue to commit
`
`contributory infringement of the ’034 Patent by selling their infringing LED products,
`
`which are material components without substantial non-infringing uses, to customers that
`
`incorporate those products into devices to be sold and/or imported into the United States.
`
`On information and belief, Defendants had knowledge and continue to have knowledge
`
`that such components are especially made or adapted for use in such a manner that
`
`would/will infringe the ’034 Patent. Defendants’ customers directly infringe the ’034
`
`Patent by, inter alia, making, using, selling, offering to sell in, and/or importing into the
`
`United States white LED products, or products that include white LEDs, with structure(s)
`
`recited in at least one claim of the ’034 Patent.
`
`35.
`
`As a result of Defendants’ infringement of the ’034 Patent, Cree has
`
`suffered and will continue to suffer irreparable and monetary damages in an amount to be
`
`determined at trial, but in no event less than a reasonable royalty, together with interest
`
`and costs as fixed by the Court.
`
`COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 7,910,938
`
`36.
`
`Cree repeats and re-alleges each and every allegation of the foregoing
`
`paragraphs as though fully set forth herein.
`
`37.
`
`Cree is the owner of United States Patent No. 7,910,938 (“the ’938
`
`Patent”) titled “Encapsulant Profile for Light Emitting Diodes.” The ’938 Patent was
`
`duly and legally issued by the United States Patent and Trademark Office on March 22,
`
`2011. A true and correct copy of the ’938 Patent is attached as Exhibit D.
`
`
`
`-10-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 11 of 16
`
`38.
`
`As the owner of the ’938 Patent, Cree is authorized and has standing to
`
`bring legal action to enforce all rights arising under the ’938 Patent.
`
`39.
`
`Defendants have infringed and will continue to infringe by making, using,
`
`selling, offering to sell in, and/or importing into the United States encapsulated LED
`
`products that include structure(s) recited in at least one claim of the ’938 Patent. Such
`
`products include, by way of example and without limitation, Defendants’ encapsulated
`
`LED product identified as “Warm White” AA3535QR425Z1S-W2.
`
`40.
`
`The Kingbright defendants have had actual knowledge of the ’938 Patent
`
`at least since June 14, 2013. On information and belief, Defendant SunLED has had
`
`actual knowledge of the ’938 Patent at least since June 14, 2013. Defendants continue to,
`
`inter alia, make, sell, offer for sale, and/or import into the United States infringing
`
`encapsulated LED products, thus intending for their actions to result in infringement or
`
`disregarding an objectively high likelihood that such actions will result in infringement.
`
`Defendants’ infringement is therefore willful.
`
`41.
`
`On
`
`information and belief, Defendants have knowingly
`
`induced
`
`infringement, and have had specific intent to induce infringement of the ’938 Patent by,
`
`inter alia, marketing, selling, supporting sales, and/or distributing infringing encapsulated
`
`LED products. Defendants’ customers, including without limitation manufacturers and
`
`contract manufacturers of products including LEDs, directly infringe the ’938 Patent by,
`
`inter alia, making, using, selling, offering to sell in, and/or importing encapsulated LED
`
`products, or products that include encapsulated LEDs, with structure(s) recited in at least
`
`one claim of the ’938 Patent.
`
`
`
`-11-
`
`
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`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 12 of 16
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`42.
`
`On information and belief, Defendants have and will continue to commit
`
`contributory infringement of the ’938 Patent by selling their infringing LED products,
`
`which are material components without substantial non-infringing uses, to customers that
`
`incorporate those products into devices to be sold and/or imported into the United States.
`
`On information and belief, Defendants had knowledge and continue to have knowledge
`
`that such components are especially made or adapted for use in such a manner that
`
`would/will infringe the ’938 Patent. Defendants’ customers directly infringe the ’938
`
`Patent by, inter alia, making, using, selling, offering to sell in, and/or importing into the
`
`United States encapsulated LED products, or products that include encapsulated LEDs,
`
`with structure(s) recited in at least one claim of the ’938 Patent.
`
`43.
`
`As a result of Defendants’ infringement of the ’938 Patent, Cree has
`
`suffered and will continue to suffer irreparable and monetary damages in an amount to be
`
`determined at trial, but in no event less than a reasonable royalty, together with interest
`
`and costs as fixed by the Court.
`
`COUNT V: INFRINGEMENT OF U.S. PATENT NO. 8,766,298
`
`44.
`
`Cree repeats and re-alleges each and every allegation of the foregoing
`
`paragraphs as though fully set forth herein.
`
`45.
`
`Cree is the owner of United States Patent No. 8,766,298 (“the ’298
`
`Patent”) titled “Encapsulant Profile for Light Emitting Diodes.” The ’298 Patent was
`
`duly and legally issued by the United States Patent and Trademark Office on July 1,
`
`2014. A true and correct copy of the ’298 Patent is attached as Exhibit E.
`
`46.
`
`As the owner of the ’298 Patent, Cree is authorized and has standing to
`
`bring legal action to enforce all rights arising under the ’298 Patent.
`
`
`
`-12-
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`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 13 of 16
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`47.
`
`Defendants have infringed and will continue to infringe by making, using,
`
`selling, offering to sell in, and/or importing into the United States encapsulated LED
`
`products that include structure(s) recited in at least one claim of the ’298 Patent. Such
`
`products include, by way of example and without limitation, Defendants’ encapsulated
`
`product identified as “Warm White” AA3535QR425Z1S-W2.
`
`48.
`
`As a result of Defendants’ infringement of the ’298 Patent, Cree has
`
`suffered and will continue to suffer irreparable and monetary damages in an amount to be
`
`determined at trial, but in no event less than a reasonable royalty, together with interest
`
`and costs as fixed by the Court.
`
`COUNT VI: INFRINGEMENT OF U.S. PATENT NO. 8,362,605
`
`49.
`
`Cree repeats and re-alleges each and every allegation of the foregoing
`
`paragraphs as though fully set forth herein.
`
`50.
`
`Cree is the owner, by assignment on September 12, 2014, of United States
`
`Patent No. 8,362,605 (“the ’605 Patent”) titled “Apparatus and Method for Use in
`
`Mounting Electronic Elements.” The ’605 Patent was duly and legally issued by the
`
`United States Patent and Trademark Office on January 29, 2013. A true and correct copy
`
`of the ’605 Patent is attached as Exhibit F.
`
`51.
`
`As the owner of the ’605 Patent, Cree is authorized and has standing to
`
`bring legal action to enforce all rights arising under the ’605 Patent.
`
`52.
`
`Defendants have infringed and will continue to infringe by making, using,
`
`selling, offering to sell in, and/or importing into the United States surface mount lead
`
`frame based LED products that include structure(s) recited in at least one claim of the
`
`’605 Patent. Such products include, by way of example and without limitation,
`
`
`
`-13-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 14 of 16
`
`Defendants’ surface mount lead frame based LED products AA3528QBS/D and
`
`AA3528CGSK.
`
`53.
`
`The Kingbright defendants have had actual knowledge of the ’605 Patent
`
`at least since July 2013. On information and belief, Defendant SunLED has had actual
`
`knowledge of the ’605 Patent since at least June 14, 2013. Defendants continue to, inter
`
`alia, make, sell, offer for sale, and/or import into the United States infringing surface
`
`mount lead frame based LED products, thus intending for their actions to result in
`
`infringement or disregarding an objectively high likelihood that such actions will result in
`
`infringement. Defendants’ infringement is therefore willful.
`
`54.
`
`On
`
`information and belief, Defendants have knowingly
`
`induced
`
`infringement and have had specific intent to induce infringement of the ’605 Patent by
`
`inter alia, marketing, selling, supporting sales, and/or distributing infringing surface
`
`mount lead frame based LED products. Defendants’ customers, including without
`
`limitation manufacturers and contract manufacturers of products including LEDs, directly
`
`infringe the ’605 Patent by, inter alia, making, using, selling, offering to sell in, and/or
`
`importing surface mount lead frame based LED products, or products including surface
`
`mount lead frame based LED products, with structure(s) recited in at least one claim of
`
`the ’605 Patent.
`
`55.
`
`On information and belief, Defendants have and will continue to commit
`
`contributory infringement of the ’605 Patent by selling their infringing LED products,
`
`which are material components without substantial non-infringing uses, to customers that
`
`incorporate those products into devices to be sold and/or imported into the United States.
`
`On information and belief, Defendants had knowledge and continue to have knowledge
`
`
`
`-14-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 15 of 16
`
`that such components are especially made or adapted for use in such a manner that
`
`would/will infringe the ’605 Patent. Defendants’ customers directly infringe the ’605
`
`Patent by, inter alia, making, using, selling, offering to sell in, and/or importing into the
`
`United States surface mount lead frame based LED products, or products including
`
`surface mount lead frame based LED products, with structure(s) recited in at least one
`
`claim of the ’605 Patent.
`
`56.
`
`As a result of Defendants’ infringement of the ’605 Patent, Cree has
`
`suffered and will continue to suffer irreparable and monetary damages in an amount to be
`
`determined at trial, but in no event less than a reasonable royalty, together with interest
`
`and costs as fixed by the Court.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Cree prays for entry of judgment against each Defendant (and its
`
`subsidiaries, successors, parents, affiliates, officers, directors, agents, servants, and employees)
`
`as follows:
`
`A. An entry of judgment in favor of Cree and against Defendants that Defendants
`
`willfully infringe the ’175, ’945, ’034, ’938 and ’605 Patents;
`
`B. An entry of judgment in favor of Cree and against Defendants that Defendants
`
`infringe the ’175, ’945, ’034, ’938, ’298, and ’605 Patents under 35 U.S.C. §
`
`271;
`
`C. A permanent injunction against further infringement of the ’175, ’945, ’034,
`
`’938, ’298, and ’605 Patents by Defendants and all persons in active concert
`
`or participation with it pursuant to 35 U.S.C. § 283;
`
`
`
`-15-
`
`
`
`Case: 3:14-cv-00621-slc Document #: 1 Filed: 09/15/14 Page 16 of 16
`
`D. An award of damages adequate to compensate Cree for Defendants’
`
`infringement and willful infringement together with prejudgment interest from
`
`the date of infringement began, but in no event less than a reasonable royalty;
`
`E. An award of any other damages permitted under 35 U.S.C. §§ 284 and 285,
`
`including without limitation treble damages; and
`
`F. Such other and further relief as this Court or a jury may deem just and proper.
`
`JURY DEMAND
`
`Cree requests a trial by jury.
`
`
`
`
`Dated: September 15, 2014
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
` /s/ Christopher G. Hanewicz
`Christopher G. Hanewicz
`John S. Skilton, Bar No. 1012794
`JSkilton@perkinscoie.com
`Christopher G. Hanewicz, Bar No. 1034160
`CHanewicz@perkinscoie.com
`Michelle M. Umberger, Bar No. 1023801
`MUmberger@perkinscoie.com
`Rodger K. Carreyn, Bar No. 1092344
`RCarreyn@perkinscoie.com
`Autumn N. Nero, Bar No. 1060065
`ANero@perkinscoie.com
`Emily J. Greb, Bar No. 1074263
`EGreb@perkinscoie.com
`Perkins Coie LLP
`One East Main Street, Suite 201
`Madison, WI 53703-5118
`Telephone: 608.663.7460
`Facsimile: 608.663.7499
`
`
`Attorneys for Plaintiff CREE, Inc.
`
`-16-
`
`
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