Case 8:16-cv-00545-SJO-MRW Document 1 Filed 03/23/16 Page 1 of 7 Page ID #:1
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`William S. O’Hare (#082562)
`wohare@swlaw.com
`Deborah S. Mallgrave (#198603)
`dmallgrave@swlaw.com
`SNELL & WILMER L.L.P.
`600 Anton Blvd, Suite 1400
`Costa Mesa, California 92626-7689
`Telephone: 714-427-7000
`Facsimile: 714-427-7799
`Kenneth A. Gallo (pro hac vice pending)
`kgallo@paulweiss.com
`David E. Cole (pro hac vice pending)
`dcole@paulweiss.com
`PAUL, WEISS, RIFKIND,
`WHARTON & GARRISON LLP
`2001 K Street, NW
`Washington, DC 20006-1047
`Telephone: 202-223-7300
`Facsimile: 202-223-7420
`Catherine Nyarady (pro hac vice pending)
`cnyarady@paulweiss.com
`Daniel J. Klein (pro hac vice pending)
`dklein@paulweiss.com
`PAUL, WEISS, RIFKIND,
`WHARTON & GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019-6064
`Telephone: 212-373-3000
`Facsimile: 212-757-3990
`
`Attorneys for Plaintiff Nichia Corporation
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`Nichia Corporation,
`Plaintiff,
`
`v.
`VIZIO, Inc.,
`
`Defendant.
`
`Case No.
`
`8:16-CV-00545
`
`COMPLAINT FOR
`PATENT INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`23739507.1
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`SNELL & WILMER
`
`
`
` L.L.P.
`
`NICHIA EX2001
`
`

`

`Case 8:16-cv-00545-SJO-MRW Document 1 Filed 03/23/16 Page 2 of 7 Page ID #:2
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`Plaintiff Nichia Corporation (“Nichia”) brings this action for patent
`infringement against Defendant VIZIO, Inc. (“VIZIO”), and alleges as follows:
`Jurisdiction
`1.
`This action arises under the patent laws of the United States, 35 U.S.C.
`§ 1 et seq. This Court has subject matter jurisdiction over this action for patent
`infringement under 28 U.S.C. §§ 1331 and 1338(a).
`The Parties
`2.
`Nichia is a corporation organized and existing under the laws of Japan,
`and has a principal place of business at 491 Oka, Kaminaka-Cho, Anan-Shi,
`Tokushima, Japan 774-8601.
`3.
`Upon information and belief, VIZIO is a corporation organized and
`existing under the laws of the State of California, and has an office at 39 Tesla,
`Irvine, California 92618. Upon information and belief, VIZIO may be served with
`process by serving its registered agent, Registered Agent Solutions, Inc., 1220
`S Street, Suite 50, Sacramento, California 95811.
`Venue
`4.
`This Court has personal jurisdiction over VIZIO because, on
`information and belief, VIZIO’s principal place of business is located in this
`judicial district and VIZIO has committed acts within this judicial district giving
`rise to this action.
`5.
`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and
`1400(b).
`
`Count I — Infringement of U.S. Patent No. 7,901,959
`6.
`Nichia re-alleges and incorporates the allegations of all prior
`paragraphs of this Complaint as if set forth in their entirety herein.
`7.
`Nichia is the assignee and owner of all rights, title, and interest in and
`to U.S. Patent No. 7,901,959 (“the ’959 patent”), entitled “Liquid Crystal Display
`and Back Light Having a Light Emitting Diode,” which was duly and legally issued
`
`- 2 -
`23739507.1
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`SNELL & WILMER
`
`
`
` L.L.P.
`
`
`
`NICHIA EX2001
`
`

`

`Case 8:16-cv-00545-SJO-MRW Document 1 Filed 03/23/16 Page 3 of 7 Page ID #:3
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`by the United States Patent and Trademark Office on March 8, 2011. A true and
`correct copy of the ’959 patent is attached hereto as Exhibit A and is incorporated
`herein by reference.
`8.
`Upon information and belief, VIZIO has infringed and has continued
`to infringe at least claims 1 and 9 of the ’959 patent under 35 U.S.C. § 271(a), (b),
`and/or (c). The infringing activities include, but are not limited to, the manufacture,
`use, sale, importation, and/or offer for sale, without authority, of televisions that fall
`within the scope of the claims of the ’959 patent, including, but not limited to,
`VIZIO’s D-Series 28" Class Full-Array LED Television (D28hn-D1) and VIZIO’s
`E-Series 60" Class Full Array LED Smart Television (E60-C3).
`9.
`Upon information and belief, VIZIO’s D-Series 28" Class Full-Array
`LED Television (D28hn-D1) and VIZIO’s E-Series 60" Class Full Array LED
`Smart Television (E60-C3) incorporate light emitting diodes (“LEDs”) in a liquid
`crystal display in a manner that satisfies the limitations of at least claims 1 and 9 of
`the ’959 patent.
`10. Nichia has no adequate remedy at law for VIZIO’s acts of
`infringement.
`11. As a direct and proximate result of VIZIO’s acts of infringement,
`Nichia has suffered and continues to suffer damages and irreparable harm. Unless
`VIZIO’s acts of infringement are enjoined by this Court, Nichia will continue to be
`damaged and irreparably harmed.
`Count II — Infringement of U.S. Patent No. 7,915,631
`12. Nichia re-alleges and incorporates the allegations of all prior
`paragraphs of this Complaint as if set forth in their entirety herein.
`13. Nichia is the assignee and owner of all rights, title, and interest in and
`to U.S. Patent No. 7,915,631 (“the ’631 patent”), entitled “Light Emitting Device
`and Display,” which was duly and legally issued by the United States Patent and
`
`
`23739507.1
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`- 3 -
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`SNELL & WILMER
`
`
`
` L.L.P.
`
`
`
`NICHIA EX2001
`
`

`

`Case 8:16-cv-00545-SJO-MRW Document 1 Filed 03/23/16 Page 4 of 7 Page ID #:4
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`Trademark Office on March 29, 2011. A true and correct copy of the ’631 patent is
`attached hereto as Exhibit B and is incorporated herein by reference.
`14. Upon information and belief, VIZIO has infringed and has continued
`to infringe at least claims 1 and 4 of the ’631 patent under 35 U.S.C. § 271(a), (b),
`and/or (c). The infringing activities include, but are not limited to, the manufacture,
`use, sale, importation, and/or offer for sale, without authority, of televisions that fall
`within the scope of the claims of the ’631 patent, including, but not limited to,
`VIZIO’s D-Series 28" Class Full-Array LED Television (D28hn-D1) and VIZIO’s
`E-Series 60" Class Full Array LED Smart Television (E60-C3).
`15. Upon information and belief, VIZIO’s D-Series 28" Class Full-Array
`LED Television (D28hn-D1) and VIZIO’s E-Series 60" Class Full Array LED
`Smart Television (E60-C3) incorporate LEDs that satisfy limitations of at least
`claims 1 and 4 of the ’631 patent.
`16. Nichia has no adequate remedy at law for VIZIO’s acts of
`infringement.
`17. As a direct and proximate result of VIZIO’s acts of infringement,
`Nichia has suffered and continues to suffer damages and irreparable harm. Unless
`VIZIO’s acts of infringement are enjoined by this Court, Nichia will continue to be
`damaged and irreparably harmed.
`Count III — Infringement of U.S. Patent No. 8,309,375
`18. Nichia re-alleges and incorporates the allegations of all prior
`paragraphs of this Complaint as if set forth in their entirety herein.
`19. Nichia is the assignee and owner of all rights, title, and interest in and
`to U.S. Patent No. 8,309,375 (“the ’375 patent”), entitled “Light Emitting Device
`and Display,” which was duly and legally issued by the United States Patent and
`Trademark Office on November 13, 2012. A true and correct copy of the ’375
`patent is attached hereto as Exhibit C and is incorporated herein by reference.
`
`
`23739507.1
`
`
`
`- 4 -
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`SNELL & WILMER
`
`
`
` L.L.P.
`
`
`
`NICHIA EX2001
`
`

`

`Case 8:16-cv-00545-SJO-MRW Document 1 Filed 03/23/16 Page 5 of 7 Page ID #:5
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`20. Upon information and belief, VIZIO has infringed and has continued
`to infringe at least claim 4 of the ’375 patent under 35 U.S.C. § 271(g). The
`infringing activities include, but are not limited to, the use, sale, importation, and/or
`offer for sale, without authority, of televisions, which include products made by a
`process that falls within the scope of the claims of the ’375 patent, including, but
`not limited to, VIZIO’s D-Series 28" Class Full-Array LED Television (D28hn-D1)
`and VIZIO’s E-Series 60" Class Full Array LED Smart Television (E60-C3).
`21. Upon information and belief, VIZIO’s D-Series 28" Class Full-Array
`LED Television (D28hn-D1) and VIZIO’s E-Series 60" Class Full Array LED
`Smart Television (E60-C3) incorporate LEDs that are manufactured according to
`the method recited in at least claim 4 of the ’375 patent.
`22. Nichia has no adequate remedy at law for VIZIO’s acts of
`infringement on account of VIZIO’s importation, use, sale, and/or offers to sell the
`above-referenced televisions.
`23. As a direct and proximate result of VIZIO’s acts of infringement,
`Nichia has suffered and continues to suffer damages and irreparable harm. Unless
`VIZIO’s acts of infringement are enjoined by this Court, Nichia will continue to be
`damaged and irreparably harmed.
`Count IV — Infringement of U.S. Patent No. 7,855,092
`24. Nichia re-alleges and incorporates the allegations of all prior
`paragraphs of this Complaint as if set forth in their entirety herein.
`25. Nichia is the assignee and owner of all rights, title, and interest in and
`to U.S. Patent No. 7,855,092 (“the ’092 patent”), entitled “Device or Emitting
`White-Color Light,” which was duly and legally issued by the United States Patent
`and Trademark Office on December 21, 2010. A true and correct copy of the ’092
`patent is attached hereto as Exhibit D and is incorporated herein by reference.
`26. Upon information and belief, VIZIO has infringed and has continued
`to infringe at least claim 1 of the ’092 patent under 35 U.S.C. § 271(a), (b), and/or
`
`- 5 -
`23739507.1
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`SNELL & WILMER
`
`
`
` L.L.P.
`
`
`
`NICHIA EX2001
`
`

`

`Case 8:16-cv-00545-SJO-MRW Document 1 Filed 03/23/16 Page 6 of 7 Page ID #:6
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`(c). The infringing activities include, but are not limited to, the use, sale,
`importation, and/or offer for sale, without authority, of televisions that fall within
`the scope of the claims of the ’092 patent, including, but not limited to, VIZIO’s D-
`Series 28" Class Full-Array LED Television (D28hn-D1) and VIZIO’s E-Series 60"
`Class Full Array LED Smart Television (E60-C3).
`27. Upon information and belief, VIZIO’s D-Series 28" Class Full-Array
`LED Television (D28hn-D1) and VIZIO’s E-Series 60" Class Full Array LED
`Smart Television (E60-C3) incorporate LEDs, control units, and drivers in a manner
`that infringes at least claim 1 of the ’092 patent.
`28. Nichia has no adequate remedy at law for VIZIO’s acts of
`infringement.
`29. As a direct and proximate result of VIZIO’s acts of infringement,
`Nichia has suffered and continues to suffer damages and irreparable harm. Unless
`VIZIO’s acts of infringement are enjoined by this Court, Nichia will continue to be
`damaged and irreparably harmed.
`Prayer for Relief
`WHEREFORE, Nichia prays that the Court:
`a. Enter judgment that VIZIO has infringed one or more claims of the ’959,
`’631, ’375, and ’092 patents;
`b. Award Nichia damages to compensate it for VIZIO’s infringement of the
`’959, ’631, ’375, and ’092 patents, together with pre- and post-judgment
`interest;
`c. Award Nichia increased damages pursuant to 35 U.S.C. § 284, together with
`pre- and post-judgment interest and costs;
`d. Enjoin VIZIO and its officers, agents, servants, employees, and
`representatives, and all others in active concert or participation with them,
`from further infringing the ’959, ’631, ’375, and ’092 patents;
`
`
`23739507.1
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`- 6 -
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`SNELL & WILMER
`
`
`
` L.L.P.
`
`
`
`NICHIA EX2001
`
`

`

`Case 8:16-cv-00545-SJO-MRW Document 1 Filed 03/23/16 Page 7 of 7 Page ID #:7
`
`
`e. Declare this case to be an exceptional case and award Nichia its attorneys’
`fees pursuant to 35 U.S.C. § 285;
`f. Award Nichia attorneys’ fees, costs, and expenses incurred by Nichia in
`bringing this action, together with pre- and post-judgment interest; and
`g. Award such other and further relief as the Court deems just and proper.
`Demand for Jury Trial
`Pursuant to Federal Rules of Civil Procedure 38 and 39, Nichia demands a
`trial by jury on all issues so triable.
`Dated: March 23, 2016
`
`SNELL & WILMER L.L.P
`William S. O’Hare
`Deborah S. Mallgrave
`PAUL WEISS RIFKIND WHARTON &
`GARRISON L.L.P.
`Kenneth A. Gallo (pro hac vice pending)
`Catherine Nyarady (pro hac vice pending)
`Daniel J. Klein (pro hac vice pending)
`David E. Cole (pro hac vice pending)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`/s/ Deborah S. Mallgrave
`William S. O’Hare
`Deborah S. Mallgrave
`Attorneys for Plaintiff Nichia
`Corporation
`
`
`23739507.1
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`COMPLAINT FOR PATENT INFRINGEMENT
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`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`SNELL & WILMER
`
`
`
` L.L.P.
`
`
`
`NICHIA EX2001
`
`