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`RUSS AUGUST & KABAT
`Brian Ledahl (CA SB No. 186579)
`Neil A. Rubin (CA SB No. 250761)
`Jacob Buczko (CA SB No. 269408)
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`Telephone: 310-826-7474
`Facsimile: 310-826-6991
`E-mail: bledahl@raklaw.com
`E-mail: nrubin@raklaw.com
`E-mail: jbuczko@raklaw.com
`
`Attorneys for Plaintiff Document Security Systems, Inc.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`
`
`DOCUMENT SECURITY SYSTEMS,
`INC.,
`
`Plaintiff,
`
`
`
`v.
`
`EVERLIGHT ELECTRONICS CO.,
`LTD., and EVERLIGHT AMERICAS,
`INC.,
`
`
`
`
`Defendants.
`
`Civil Action No. 2:17-cv-04273
`
`
`JURY TRIAL DEMANDED
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`This is an action for patent infringement arising under the Patent Laws of the
`
`United States of America, 35 U.S.C. § 1 et seq. in which Document Security Systems,
`Inc. (“DSS” or “Plaintiff”) makes the following allegations against Defendants
`Everlight Electronics Co., Ltd. (“Everlight Electronics”) and Everlight Americas, Inc.
`(“Everlight Americas”) (collectively “Everlight” or “Defendants”).
`PARTIES
`1. Document Security Systems, Inc. is a publicly-traded New York
`corporation. Founded in 1984, DSS is a global leader in brand protection, digital
`security solutions and anti-counterfeiting technologies.
`COMPLAINT FOR PATENT INFRINGEMENT
`1
`
`
`Case No. 2:17-cv-04273
`
`Patent Owner's Exhibit 2102
`Page 1 of 12
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`

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`2.
`In November 2016, DSS acquired a portfolio of patents covering
`technologies used in Light-Emitting Diode (“LED”) lighting products, including the
`patents-in-suit. The patents in this portfolio were originally assigned to Agilent
`Technologies, Inc. and/or the successors of its LED business. Since its recent
`acquisition of these patents, DSS has worked to expand its business efforts regarding
`LED technology. DSS is pursuing both licensing and commercialization of this
`technology acquisition, and is establishing those activities within its Plano location.
`3. On information and belief, Everlight Electronics Co., Ltd., is a
`corporation organized and existing under the laws of Taiwan with its principal place
`of business at No. 6-8, Zhonghua Rd., Shulin Dist., New Taipei City, Taiwan 23860.
`Upon information and belief, Everlight manufactures light-emitting diode (“LED”)
`products in Taiwan and, through its subsidiary, Defendant Everlight Americas, Inc.,
`imports, sells and/or offers to sell LED products the State of California and elsewhere
`in the United States.
`4. On information and belief, Everlight Americas, Inc. is a Delaware
`corporation with its principal place of business at 3220 Commander Dr., Suite 100,
`Carrollton, Texas, 75006. Upon information and belief, Everlight Americas imports,
`sells and/or offers for sale nationwide LED products manufactured by Everlight
`Electronics, including in the State of California and in this judicial district. Defendant
`Everlight Americas can be served through its registered agent, Tao Wang, 4226 Via
`Angelo, Montclair CA 91763.
`JURISDICTION AND VENUE
`5.
`This action arises under the patent laws of the United States, Title 35 of
`the United States Code. Accordingly, this Court has subject matter jurisdiction under
`28 U.S.C. §§ 1331 and 1338(a).
`6.
`This Court has personal jurisdiction over Defendants in this action
`because, among other reasons, Defendants have committed acts within the Central
`District of California giving rise to this action and have established minimum contacts
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`2
`
`Case No. 2:17-cv-04273
`
`Patent Owner's Exhibit 2102
`Page 2 of 12
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`with the forum state of California, including by establishing a regular and established
`place of business within this District at 4237 East Airport Dr., Ontario, CA 91761.
`Defendants directly and/or through subsidiaries or intermediaries (including
`distributors, retailers, and others), have committed and continue to commit acts of
`infringement in this District by, among other things, making, using, importing,
`offering for sale, and/or selling products and/or services that infringe the patents-in-
`suit. Thus, Defendants have purposefully availed themselves of the benefits of doing
`business in the State of California and the exercise of jurisdiction over Defendants
`would not offend traditional notions of fair play and substantial justice. Everlight
`Americas is registered to do business in the State of California, and has appointed Tao
`Wang, 4226 Via Angelo, Montclair CA 91763 as its agent for service of process.
`7. Venue is proper in this District under 28 U.S.C. §§ 1391 (b)-(c) and 1400(b)
`because Defendants have a regular and established place of business in this District
`and have committed acts of patent infringement in this District.
`BACKGROUND
`8.
`DSS is the owner by assignment of United States Patent No. 6,949,771
`(“the ’771 Patent”) entitled “Light Source.” The ’771 Patent was duly and legally
`issued by the United States Patent and Trademark Office on September 27, 2005. A
`true and correct copy of the ’771 Patent is included as Exhibit A.
`9.
`DSS is the owner by assignment of United States Patent No. 7,524,087
`(“the ’087 Patent”) entitled “Optical Device.” The ’087 Patent was duly and legally
`issued by the United States Patent and Trademark Office on April 28, 2009. A true
`and correct copy of the ’087 Patent is included as Exhibit B.
`10. DSS is the owner by assignment of United States Patent No. 7,919,787
`(“the ’787 Patent”) entitled “Semiconductor Device with a Light Emitting
`Semiconductor Die.” The ’787 Patent was duly and legally issued by the United
`States Patent and Trademark Office on April 5, 2011. A true and correct copy of the
`’787 Patent is included as Exhibit C.
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`3
`
`Case No. 2:17-cv-04273
`
`Patent Owner's Exhibit 2102
`Page 3 of 12
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`11. DSS is the owner by assignment of United States Patent No. 7,256,486
`(“the ’486 Patent”) entitled “Packing Device for Semiconductor Die, Semiconductor
`Device Incorporating Same and Method of Making Same.” The ’486 Patent was duly
`and legally issued by the United States Patent and Trademark Office on August 14,
`2007. A true and correct copy of the ’486 Patent is included as Exhibit D.
`12. DSS owns all rights, title, and interest in and to the ’771, ’087,’787, and
`‘486 Patents (collectively, “asserted patents” or “patents-in-suit”), including all rights
`to sue and recover for past and future infringement.
`COUNT I
`INFRINGEMENT OF THE ’771 PATENT
`13. DSS references and incorporates by reference paragraphs 1 through 12 of
`this Complaint.
`14. On information and belief, Defendants make, use, offer for sale, sell,
`and/or import in the United States products and/or services that infringe various
`claims of the ’771 Patent, and continues to do so. By way of illustrative example,
`Defendants’ infringing products include without limitation, all versions and variations,
`including predecessor and successor models, of its PLCC Top View SMD LED, 2214
`package series, 3020 package series, 3232 package series, 3527 package series, 3528
`package series, 5050 package series, and 7450 package series. Defendants’ infringing
`products also include products, e.g., light bulbs, displays and fixtures that contain at
`least one infringing LED product. Defendants’ infringing products are collectively
`referred to hereinafter as “’771 Accused Instrumentalities.”
`15. On information and belief, Defendants have directly infringed and
`continue to directly infringe the ’771 Patent by, among other things, making, using,
`offering for sale, selling, and/or importing the ’771 Accused Instrumentalities. On
`information and belief, such products and/or services are covered by one or more
`claims of the ’771 Patent’s including at least claims 1 to 8 because they contain each
`element of those claims.
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:17-cv-04273
`
`4
`
`Patent Owner's Exhibit 2102
`Page 4 of 12
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`16. By making, using, offering for sale, selling, and/or importing the ’771
`Accused Instrumentalities infringing the ’771 Patent, Defendants have injured DSS
`and are liable to DSS for infringement of the ’771 Patent pursuant to 35 U.S.C. §
`271(a) directly and/or under the doctrine of equivalents.
`17.
`In addition, Defendants are actively inducing others, such as their
`customers and end users of Accused Instrumentalities, services based thereupon, and
`related products and/or processes, to directly infringe each and every claim limitation,
`including without limitation claims 1 to 8 of the ’771 Patent, in violation of 35 U.S.C.
`§ 271(b). Upon information and belief, Defendants’ customers and/or end users have
`directly infringed and are directly infringing each and every claim limitation,
`including without limitation claims 1 to 8 of the ’771 Patent. Defendants have had
`actual knowledge of the ’771 Patent at least as of service of this Complaint.
`Defendants are knowingly inducing their customers and/or end users to directly
`infringe the ’771 Patent, with the specific intent to encourage such infringement, and
`knowing that the induced acts constitute patent infringement. Defendants’
`inducement includes, for example, providing technical guides, product data sheets,
`demonstrations, software and hardware specifications, installation guides, and other
`forms of support that induce their customers and/or end users to directly infringe the
`’771 Patent. The ’771 Accused Instrumentalities are designed in such a way that
`when they are used for their intended purpose, the user infringes the ’771 Patent.
`Defendants know and intend that customers that purchase the ’771 Accused
`Instrumentalities will use those products for their intended purpose.
`18. Defendants have been aware of the ’771 Patent and of its infringement as
`of a date no later than the date they were served with this Complaint in this action. To
`the extent facts learned in discovery show that Defendants’ infringement of the ’771
`Patent is or has been willful, or to the extent that Defendants’ actions subsequent to
`the filing of this Complaint—such as their behavior as litigants or their failure to take
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`5
`
`Case No. 2:17-cv-04273
`
`Patent Owner's Exhibit 2102
`Page 5 of 12
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`remedial actions—render their infringement egregious, DSS reserves the right to
`request such a finding at time of trial.
`19. As a result of Defendants’ infringement of the ’771 Patent, DSS has
`suffered monetary damages in an amount adequate to compensate for Defendants’
`infringement, but in no event less than a reasonable royalty for the use made of the
`invention by Defendants, together with interest and costs as fixed by the Court.
`COUNT II
`INFRINGEMENT OF THE ’087 PATENT
`20. DSS references and incorporates by reference paragraphs 1 through 19 of
`this Complaint. On information and belief, Defendants make, use, offer for sale, sell,
`and/or import in the United States products and/or services that infringe various
`claims of the ’087 Patent, and continues to do so. By way of illustrative example,
`Defendants’ infringing products include without limitation, all versions and
`variations, including predecessor and successor models of its PLCC Top View SMD
`LED, 2214 package series, 3020 package series, 3232 package series, 3527 package
`series, 3528 package series, 5050 package series, and 7450 package series.
`Defendants’ infringing products also include products, e.g., light bulbs, displays and
`fixtures that contain at least one infringing LED product. Defendants’ infringing
`products are collectively referred to hereinafter as “’087 Accused Instrumentalities.”
`21. On information and belief, Defendants have directly infringed and
`continue to directly infringe the ’087 Patent by, among other things, making, using,
`offering for sale, selling, and/or importing the ’087 Accused Instrumentalities. On
`information and belief, such products and/or services are covered by one or more
`claims of the ’087 Patent’s including at least claim 1 because they contain each
`element of that claim.
`22. By making, using, offering for sale, selling, and/or importing the ’087
`Accused Instrumentalities infringing the ’087 Patent, Defendants have injured DSS
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`6
`
`Case No. 2:17-cv-04273
`
`Patent Owner's Exhibit 2102
`Page 6 of 12
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`and are liable to DSS for infringement of the ’087 Patent pursuant to 35 U.S.C. §
`271(a) directly and/or under the doctrine of equivalents.
`23.
`In addition, Defendants are actively inducing others, such as their
`customers and end users of Accused Instrumentalities, services based thereupon, and
`related products and/or processes, to directly infringe each and every claim limitation,
`including without limitation claim 1 of the ’087 Patent, in violation of 35 U.S.C. §
`271(b). Upon information and belief, Defendants’ customers and/or end users have
`directly infringed and are directly infringing each and every claim limitation,
`including without limitation claim 1 of the ’087 Patent. Defendants have had actual
`knowledge of the ’087 Patent at least as of service of this Complaint. Defendants are
`knowingly inducing their customers and/or end users to directly infringe the ’087
`Patent, with the specific intent to encourage such infringement, and knowing that the
`induced acts constitute patent infringement. Defendants’ inducement includes, for
`example, providing technical guides, product data sheets, demonstrations, software
`and hardware specifications, installation guides, and other forms of support that
`induce their customers and/or end users to directly infringe the ’087 Patent. The ’087
`Accused Instrumentalities are designed in such a way that when they are used for their
`intended purpose, the user infringes the ’087 Patent. Defendants know and intend that
`customers that purchase the ’087 Accused Instrumentalities will use those products for
`their intended purpose.
`24. Defendants have been aware of the ’087 Patent and of its infringement as
`of a date no later than the date they were served with this Complaint in this action. To
`the extent facts learned in discovery show that Defendants’ infringement of the ’087
`Patent is or has been willful, or to the extent that Defendants’ actions subsequent to
`the filing of this Complaint—such as their behavior as litigants or their failure to take
`remedial actions—render their infringement egregious, DSS reserves the right to
`request such a finding at time of trial.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`7
`
`Case No. 2:17-cv-04273
`
`Patent Owner's Exhibit 2102
`Page 7 of 12
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`25. As a result of Defendants’ infringement of the ’087 Patent, DSS has
`suffered monetary damages in an amount adequate to compensate for Defendants’
`infringement, but in no event less than a reasonable royalty for the use made of the
`invention by Defendants, together with interest and costs as fixed by the Court.
`COUNT III
`INFRINGEMENT OF THE ’355 PATENT
`26. DSS references and incorporates by reference paragraphs 1 through 25 of
`this Complaint.
`27. On information and belief, Defendants make, use, offer for sale, sell,
`and/or import in the United States products and/or services that infringe various
`claims of the ’787 Patent, and continues to do so. By way of illustrative example,
`Defendants’ infringing products include without limitation, all versions and variations,
`including predecessor and successor models, of its 3045 package series. Defendants’
`infringing products also include products, e.g., light bulbs, displays and fixtures that
`contain at least one infringing LED product. Defendants’ infringing products are
`collectively referred to hereinafter as “’787 Accused Instrumentalities.”
`28. On information and belief, Defendants have directly infringed and
`continue to directly infringe the ’787 Patent by, among other things, making, using,
`offering for sale, selling, and/or importing the ’787 Accused Instrumentalities. On
`information and belief, such products and/or services are covered by one or more
`claims of the ’787 Patent’s including at least claim 7 because they contain each
`element of that claim.
`29. By making, using, offering for sale, selling, and/or importing the ’787
`Accused Instrumentalities infringing the ’787 Patent, Defendants have injured DSS
`and are liable to DSS for infringement of the ’787 Patent pursuant to 35 U.S.C. §
`271(a) directly and/or under the doctrine of equivalents.
`30.
`In addition, Defendants are actively inducing others, such as their
`customers and end users of Accused Instrumentalities, services based thereupon, and
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:17-cv-04273
`
`8
`
`Patent Owner's Exhibit 2102
`Page 8 of 12
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`related products and/or processes, to directly infringe each and every claim limitation,
`including without limitation claims 1 and 7 of the ’787 Patent, in violation of 35
`U.S.C. § 271(b). Upon information and belief, Defendants’ customers and/or end
`users have directly infringed and are directly infringing each and every claim
`limitation, including without limitation claims 1 and 7 of the ’787 Patent. Defendants
`have had actual knowledge of the ’787 Patent at least as of service of this Complaint.
`Defendants are knowingly inducing their customers and/or end users to directly
`infringe the ’787 Patent, with the specific intent to encourage such infringement, and
`knowing that the induced acts constitute patent infringement. Defendants’
`inducement includes, for example, providing technical guides, product data sheets,
`demonstrations, software and hardware specifications, installation guides, and other
`forms of support that induce their customers and/or end users to directly infringe the
`’787 Patent. The ’787 Accused Instrumentalities are designed in such a way that
`when they are used for their intended purpose, the user infringes the ’787 Patent.
`Defendants know and intend that customers that purchase the ’787 Accused
`Instrumentalities will use those products for their intended purpose.
`31. Defendants have been aware of the ’787 Patent and of its infringement as
`of a date no later than the date they were served with this Complaint in this action. To
`the extent facts learned in discovery show that Defendants’ infringement of the ’787
`Patent is or has been willful, or to the extent that Defendants’ actions subsequent to
`the filing of this Complaint—such as their behavior as litigants or their failure to take
`remedial actions—render their infringement egregious, DSS reserves the right to
`request such a finding at time of trial.
`32. As a result of Defendants’ infringement of the ’787 Patent, DSS has
`suffered monetary damages in an amount adequate to compensate for Defendants’
`infringement, but in no event less than a reasonable royalty for the use made of the
`invention by Defendants, together with interest and costs as fixed by the Court.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`9
`
`Case No. 2:17-cv-04273
`
`Patent Owner's Exhibit 2102
`Page 9 of 12
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` COUNT IV
`
`
`
`
` INFRINGEMENT OF THE ’486 PATENT
`
`
`33. DSS references and incorporates by reference paragraphs 1 through 32 of
`this Complaint.
`34. On information and belief, Defendants make, use, offer for sale, sell,
`and/or import in the United States products and/or services that infringe various
`claims of the ’486 Patent, and continues to do so. By way of illustrative example,
`Defendants’ infringing products include without limitation, all versions and variations,
`including predecessor and successor models, of its 3045 package series. Defendants’
`infringing products also include products, e.g., light bulbs, displays and fixtures that
`contain at least one infringing LED product. Defendants’ infringing products are
`collectively referred to hereinafter as “’486 Accused Instrumentalities.”
`35. On information and belief, Defendants have directly infringed and
`continues to directly infringe the ’486 Patent by, among other things, making, using,
`offering for sale, selling, and/or importing the ’486 Accused Instrumentalities. On
`information and belief, such products are covered by one or more claims of the ’486
`Patent including at least claim 1 because they contain each element of that claim.
`36. By making, using, offering for sale, selling, and/or importing the ’486
`Accused Instrumentalities infringing the ’486 Patent, Defendants have injured DSS
`and is liable to DSS for infringement of the ’486 Patent pursuant to 35 U.S.C. § 271(a)
`directly and/or under the doctrine of equivalents.
`37.
`In addition, Defendants are actively inducing others, such as their
`customers and end users of Accused Instrumentalities, services based thereupon, and
`related products and/or processes, to directly infringe each and every claim limitation,
`including without limitation claim 1 of the ‘486 Patent, in violation of 35 U.S.C. §
`271(b). Defendants’ customers and/or end users have directly infringed and are
`directly infringing each and every claim limitation, including without limitation claim
`1 of the ‘486 Patent. Defendants have had actual knowledge of the ‘486 Patent at
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:17-cv-04273
`
`10
`
`Patent Owner's Exhibit 2102
`Page 10 of 12
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`least as of service of this Complaint. Defendants are knowingly inducing their
`customers and/or end users to directly infringe the ‘486 Patent, with the specific intent
`to encourage such infringement, and knowing that the induced acts constitute patent
`infringement. Defendants’ inducement includes, for example, providing technical
`guides, product data sheets, demonstrations, software and hardware specifications,
`installation guides, and other forms of support that induce their customers and/or end
`users to directly infringe the ‘486 Patent. The ’087 Accused Instrumentalities are
`designed in such a way that when they are used for their intended purpose, the user
`infringes the ‘486 Patent. Defendants know and intend that customers that purchase
`the ’087 Accused Instrumentalities will use those products for their intended purpose.
`38. Defendants have been aware of the ‘486 Patent and of its infringement as
`of a date no later than the date they were served with this Complaint in this action. To
`the extent facts learned in discovery show that Defendants’ infringement of the ‘486
`Patent is or has been willful, or to the extent that Defendants’ actions subsequent to
`the filing of this Complaint—such as their behavior as litigants or their failure to take
`remedial actions—render their infringement egregious, DSS reserves the right to
`request such a finding at time of trial.
`39. As a result of Defendants’ infringement of the ‘486 Patent, DSS has
`suffered monetary damages in an amount adequate to compensate for Defendants’
`infringement, but in no event less than a reasonable royalty for the use made of the
`invention by Defendants, together with interest and costs as fixed by the Court.
`PRAYER FOR RELIEF
`Plaintiff respectfully requests the following relief from this Court:
`A. A judgment that Defendants have infringed one or more claims of the
`’771, ’087, ’787, and/or ‘486 Patents;
`B. A judgment and order requiring Defendants to pay DSS its damages,
`costs, expenses, and prejudgment and post-judgment interest for Defendants' acts of
`infringement in accordance with 35 U.S.C. § 284;
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:17-cv-04273
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`11
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`Patent Owner's Exhibit 2102
`Page 11 of 12
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`C. A judgment and order requiring Defendants to provide accountings and
`to pay supplemental damages to DSS, including, without limitation, prejudgment and
`post-judgment interest;
`D. A judgment and order finding that this is an exceptional case within the
`meaning of 35 U.S.C. § 285 and awarding to DSS its reasonable attorneys’ fees
`against Defendants; and
`E. Any and all other relief to which DSS may show itself to be entitled.
`JURY TRIAL DEMANDED
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, DSS requests a
`trial by jury of any issues so triable by right.
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`Dated: June 8, 2017
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`By:
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`Brian Ledahl
`
`RUSS AUGUST & KABAT
`Brian Ledahl (CA SB No. 186579)
`Neil A. Rubin (CA SB No. 250761)
`Jacob Buczko (CA SB No. 269408)
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`Telephone: 310-826-7474
`Facsimile: 310-826-6991
`E-mail: bledahl@raklaw.com
`E-mail: nrubin@raklaw.com
`E-mail: jbuczko@raklaw.com
`
`Attorneys for Plaintiff,
`Document Security Systems, Inc.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case No. 2:17-cv-04273
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`Patent Owner's Exhibit 2102
`Page 12 of 12
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