`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ULTRAVISION TECHNOLOGIES, LLC,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG DISPLAY CO., LTD.,
`
`Defendants.
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`
`
`Case No.
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`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ultravision Technologies, LLC (“Ultravision” or “Plaintiff”), for its Complaint
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`against Defendants Samsung Electronics Co., Ltd. and Samsung Display Co., Ltd. (collectively,
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`“Defendants”) alleges as follows:
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`THE PARTIES
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`1.
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`Ultravision is a limited liability company organized and existing under the laws of
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`the State of Delaware and is registered to do business in Texas. Ultravision has its principal
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`place of business at 4542 McEwen Road, Dallas, Texas 75244.
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`2.
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`Upon information and belief, defendant Samsung Electronics Co., Ltd. is a
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`corporation organized and existing under the laws of South Korea, with a principal place of
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`business located at 129, Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea.
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`3.
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`Upon information and belief, defendant Samsung Display Co., Ltd. is a
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`corporation organized and existing under the laws of South Korea, with a principal place of
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`business located at 1, Samsung-ro, Giheung-gu, Yongin-si, 446-796 South Korea.
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`Page 1 of 15
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`SAMSUNG EXHIBIT 1005
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`
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`JURISDICTION
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`4.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. § 1 et seq. This Court has jurisdiction over this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a).
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`5.
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`This Court has personal jurisdiction over Defendants. Upon information and
`
`belief, Defendants regularly conduct business and have committed acts of patent infringement
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`and/or have induced acts of patent infringement by others (including, for example, Prismview
`
`LLC (“Prismview”), which is related to Defendant) in this Judicial District and/or have
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`contributed to patent infringement by others in this Judicial District, the State of Texas, and
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`elsewhere in the United States. The Court’s exercise of jurisdiction over Defendant would not
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`offend traditional notions of fair play and substantial justice because Defendants have established
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`minimum contacts with the forum with respect to both general and specific personal jurisdiction.
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`6.
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`Upon information and belief, Defendants transact substantial business in the State
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`of Texas, including through a retail store located at The Galleria, 5085 Westheimer Rd.,
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`Houston, TX, 77056 and through a corporate office located at 6625 Declaration Dr., Plano, TX,
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`75023. Defendants have committed acts of infringement in the State of Texas, by among other
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`things, offering to sell and selling products that infringe the asserted patents, including the
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`accused devices as alleged herein, as well as providing service and support to their customers in
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`the State of Texas including, but not limited to, Spurs Tower in San Antonio, Texas and AT&T
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`Center in San Antonio, Texas.
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`7.
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`Upon information and belief, Defendants have made, used, offered for sale or sold
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`LED displays to customers in San Antonio, Texas, or imported LED display panels into the
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`United States to San Antonio, Texas. Upon information and belief, Defendants, directly or
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`Page 2 of 15
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`indirectly, participate in the stream of commerce that results in products, including the accused
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`products, being made, used, offered for sale, and/or sold in the State of Texas and/or imported
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`into the United States to the State of Texas.
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`8.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391 because,
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`among other things, Defendants are foreign defendants and not a resident in the United States,
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`and thus may be sued in any judicial district pursuant to 28 U.S.C. § 1391(c)(3).
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`9.
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`Defendants are subject to this Court’s jurisdiction pursuant to due process and/or
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`the Texas Long Arm Statute due at least to its substantial business in the State of Texas and this
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`Judicial District, including (a) at least part of its past infringing activities, (b) regularly doing or
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`soliciting business in the State of Texas, and/or (c) engaging in persistent conduct and/or
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`deriving substantial revenue from goods and services provided to customers in the State of
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`Texas.
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`PATENTS-IN-SUIT
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`10.
`
`On May 30, 2017, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 9,666,105 (the “’105 Patent”) entitled “Sign construction with modular
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`wire harness arrangements and methods of using same for backside to frontside power and data
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`distribution schemes.” A true and correct copy of the ’105 Patent is available at
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`https://pdfpiw.uspto.gov/.piw?docid=9666105.
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`11.
`
`On March 5, 2019, the U.S. Patent and Trademark Office duly and legally issued
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`U.S. Patent No. 10,223,946 (the “’946 Patent”) entitled “Lighting device with transparent
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`substrate, heat sink and LED array for uniform illumination regardless of number of functional
`
`LEDs.” A
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`true
`
`and
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`correct
`
`copy
`
`of
`
`the
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`’946 Patent
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`is
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`available
`
`at
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`https://pdfpiw.uspto.gov/.piw?docid=10223946.
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`3
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`Page 3 of 15
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`12.
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`Ultravision is the sole and exclusive owner of all right, title and interest in and to
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`the ’105 Patent and the ’946 Patent (collectively, the “Patents-in-Suit”), and holds the exclusive
`
`right to take all actions necessary to enforce its rights to the Patents-in-Suit, including the filing
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`of this patent infringement action. Ultravision also has the right to recover all damages for past,
`
`present, and future infringement of the Patents-in-Suit and to seek injunctive relief as appropriate
`
`under the law.
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`13.
`
`Ultravision has at all times complied with the marking provisions of 35 U.S.C.
`
`§ 287 with respect to the Patents-in-Suit. Ultravision references its patents on its website,
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`http://www.ultravisioninternational.com, and also references its patents and its website in the
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`product packaging for its products.
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`DEFENDANTS’ PRODUCTS
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`14.
`
`Upon information and belief, Defendants make, use, offer to sell, or sell within
`
`the United States or imports into the United States LED displays and lighting, such as
`
`Defendants’ VRR Series, VMR-O Series, XAJ Series, and the HiLOM Series.
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`15.
`
`Images of Defendants’ VRR Series product is shown below:
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`4
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`Page 4 of 15
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`16.
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`Images of Defendants’ VMR-O Series is shown below:
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`5
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`Page 5 of 15
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`17.
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`An image of Defendants’ XAJ Series is shown below:
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`6
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`Page 6 of 15
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`18.
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`Images of Defendants’ HiLOM Series is shown below:
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`7
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`Page 7 of 15
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`COUNT I
`(Infringement of the ’105 Patent)
`
`19.
`
`20.
`
`Paragraphs 1 through 18 are incorporated by reference as if fully set forth herein.
`
`Ultravision has not licensed or otherwise authorized Defendants to make, use,
`
`offer to sell, or sell within the United States or import into the United States any products that
`
`embody the inventions of the ’105 Patent.
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`21.
`
`Defendants have directly infringed and continues to directly infringe the ’105
`
`Patent, including at least claim 15 and 17, either literally or under the doctrine of equivalents,
`
`without authority and in violation of 35 U.S.C. § 271, by making, using, offering to sell, selling,
`
`and/or selling within the United States and/or importing into the United States products that
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`satisfy each and every limitation of one or more claims of the ’105 Patent. Such products include
`
`LED displays, such as Defendants’ VRR Series, VMR-O Series, and XAJ Series products.
`
`22.
`
`Upon information and belief, the VRR Series, VMR-O Series, and XAJ Series
`
`products are large format billboard type electronic signs having an anchored mounting structure.
`
`23.
`
`Upon information and belief, the VRR Series, VMR-O Series, and XAJ Series
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`products comprise at least one structural frame configured to be mounted to a front side surface
`
`of the mounting structure..
`
`24.
`
`Upon information and belief, the VRR Series, VMR-O Series, and XAJ Series
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`products define a plurality of structural bay members configured in adjacent columns for
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`receiving and irremovably supporting therein a corresponding plurality of weatherized display
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`modules..
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`25.
`
`Upon information and belief, the VRR Series, VMR-O Series, and XAJ Series
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`products comprise at least one preformed wiring harness for routing low voltage power within
`
`said plurality of structural bay members..
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`8
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`Page 8 of 15
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`26.
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`Upon information and belief, the VRR Series, VMR-O Series, and XAJ Series
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`products are provided with at least one power introduction node to facilitate providing separate
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`power branches for distributing power between adjacent columns of the structural bay members
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`and at least one structural bay locator node to facilitate providing a low voltage power branch to
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`at least an individual one of said plurality of structural bay members.
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`27.
`
`Upon information and belief, the VRR Series, VMR-O Series, and XAJ Series
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`products are further provided with a plurality of data connectors, each individual ones of said
`
`data connectors for interconnecting with a preformed data wiring harness to facilitate distributing
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`data throughout the structural frame for utilization by each individual one of the plurality of
`
`weatherized display modules..
`
`28.
`
`Defendants have indirectly infringed and continues to indirectly infringe one or
`
`more claims of the ’105 Patent by knowingly and intentionally inducing others, including
`
`customers, installers, and end-users, to directly infringe, either literally or under the doctrine of
`
`equivalents, by making, using, offering to sell, and/or selling within the United States and/or
`
`importing into the United States products that include infringing technology, including the VRR
`
`Series, VMR-O Series, and XAJ Series products.
`
`29.
`
`One or more of the Defendants knowingly and intentionally induces infringement
`
`of the ’105 Patent in violation of 35 U.S.C. § 271(b) by actively encouraging others to make, use,
`
`offer to sell, and/or sell within the United States and/or import into the United States products,
`
`including but not limited to the VRR Series, VMR-O Series, and XAJ Series products.
`
`30.
`
`Upon information and belief, with knowledge and intent, or with willful
`
`blindness, one or more of Defendants are encouraging and facilitating infringement by others.
`
`For example, upon information and belief, one or more of the Defendants sell or otherwise
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`9
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`Page 9 of 15
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`
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`provides products, including but not limited to the VRR Series, VMR-O Series, and XAJ Series
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`products, to distributors, to sign installers, or to U.S.-based sales entities, knowing that these
`
`entities intend to make, use, offer to sell, and/or sell the products within the United States and/or
`
`import the products into the United States.
`
`31.
`
`At least as of the date of service of Ultravision’s Disclosure of Asserted Claims
`
`and Infringement Contentions to Samsung Electronics Co., Ltd., Ultravision Technologies, LLC
`
`v. Samsung Electronics Co., Ltd., No. 2:19-cv-00252 (E.D. Tex.) on January 28, 2020,
`
`Defendants, with knowledge that these products, or the use thereof, infringe the ’105 Patent,
`
`knowingly and intentionally induced, and continue to knowingly and intentionally induce, direct
`
`infringement of the ’105 Patent by supplying these products to end users for use in an infringing
`
`manner.
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`32.
`
`Defendants have induced and continue to induce infringement by others,
`
`including customers, installers, and end users, with the intent to cause infringing acts by others
`
`or, in the alternative, with the belief that there was a high probability that others, including end
`
`users, infringe the ’105 Patent, but while remaining willfully blind to the infringement.
`
`33.
`
`Ultravision has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’105 Patent in an amount to be proved at trial.
`
`34.
`
`Ultravision has suffered and will continue to suffer irreparable harm as a result of
`
`Defendants’ infringement of the ’105 Patent for which there is no adequate remedy at law unless
`
`Defendants’ infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’946 Patent)
`
`35.
`
`Paragraphs 1 through 18 are incorporated by reference as if fully set forth herein.
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`10
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`Page 10 of 15
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`36.
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`Ultravision has not licensed or otherwise authorized Defendants to make, use,
`
`offer to sell, or sell within the United States or import into the United States any products that
`
`embody the inventions of the ’946 Patent.
`
`37.
`
`Defendants have indirectly infringed and continues to indirectly infringe one or
`
`more claims of the ’946 Patent, including at least claim 1, by knowingly and intentionally
`
`inducing others, including customers, installers, and end-users, to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, offering to sell, and/or selling
`
`within the United States and/or importing into the United States products that include infringing
`
`technology, including LED displays, such as Defendants’ HiLOM Series product, assembled at
`
`multiple locations.
`
`38.
`
`39.
`
`Upon information and belief, the HiLOM Series product is a light assembly.
`
`Upon information and belief, the HiLOM Series product comprises a thermally
`
`conductive support structure configured for outdoor use, wherein the support structure protects
`
`electronic components attached to the support structure from direct contact with rainwater,
`
`wherein the support structure comprises an attachment point for securing the support structure to
`
`a weatherproof mount designed for outdoor use.
`
`40.
`
`41.
`
`Upon information and belief, the HiLOM Series product comprises a heat sink.
`
`Upon information and belief, the HiLOM Series product comprises a substantially
`
`planar circuit board attached to the support structure..
`
`42.
`
`Upon information and belief, the HiLOM Series product comprises a plurality of
`
`LEDs attached to the circuit board, wherein the LEDs are arranged in an array configuration.
`
`43.
`
`Upon information and belief, the HiLOM Series product comprises a single
`
`transparent substrate overlying all LEDs attached to the circuit board, wherein the transparent
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`11
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`Page 11 of 15
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`substrate includes a plurality of convex optical elements, each convex optical element overlying
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`an associated one or more of the LEDs.
`
`44.
`
`Upon information and belief, the light assembly in the HiLOM Series is
`
`configured to direct light from the LEDs towards an area in a manner that does not create hot
`
`spots or result in dead spots on the area regardless of whether all of the LEDs of the plurality of
`
`LEDs or some of the LEDs of the plurality of LEDs are functional.
`
`
`
`45.
`
`One or more of the Defendants knowingly and intentionally induces infringement
`
`of the ’946 Patent in violation of 35 U.S.C. § 271(b) by actively encouraging others to make, use,
`
`offer to sell, and/or sell within the United States and/or import into the United States products,
`
`including but not limited to the HiLOM Series product.
`
`46.
`
`Upon information and belief, with knowledge and intent, or with willful
`
`blindness, one or more of the Defendants are encouraging and facilitating infringement by
`
`others. For example, upon information and belief, one or more of the Defendants sell or
`
`otherwise provides products, including but not limited to the HiLOM Series product, to
`
`distributors, installers, or to U.S.-based sales entities, knowing that these entities intend to make,
`
`use, offer to sell, and/or sell the products within the United States and/or import the products into
`
`the United States.
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`12
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`Page 12 of 15
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`47.
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`At least as of the filing date of this Complaint, Defendants, with knowledge that
`
`these products, or the use thereof, infringe the ’946 Patent, knowingly and intentionally induced,
`
`and continue to knowingly and intentionally induce, direct infringement of the ’946 Patent by
`
`supplying these products to end users in an infringing manner.
`
`48.
`
`Defendants have induced and continue to induce infringement by others,
`
`including customers, installers, and end users, with the intent to cause infringing acts by others
`
`or, in the alternative, with the belief that there was a high probability that others, including end
`
`users, infringe the ’946 Patent, but while remaining willfully blind to the infringement.
`
`49.
`
`Ultravision has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’946 Patent in an amount to be proved at trial.
`
`50.
`
`Ultravision has suffered and will continue to suffer irreparable harm as a result of
`
`Defendants’ infringement of the ’946 Patent for which there is no adequate remedy at law unless
`
`Defendants’ infringement is enjoined by this Court.
`
`DEMAND FOR JURY TRIAL
`
`Ultravision hereby demands a jury for all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Ultravision prays for relief against the Defendants as follows:
`
`a.
`
`entry of judgment declaring that Defendants have directly and/or indirectly
`
`infringed one or more claims of each of the Patents-in-Suit;
`
`b.
`
`an order pursuant to 35 U.S.C. § 283 permanently enjoining Defendants, their
`
`officers, agents, servants, employees, attorneys, instrumentalities and those persons in privity,
`
`active concert or participation with them, from further acts of direct and/or indirect infringement
`
`of the Patents-in-Suit including the manufacture, sale, offer for sale, importation and use of the
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`infringing products;
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`13
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`Page 13 of 15
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`c.
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`a full accounting for and an award of damages to Ultravision for Defendants’
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`infringement of the Patents-in-Suit, but in no event less than a reasonable royalty, including
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`enhanced damages pursuant to 35 U.S.C. § 284, together with pre- and post-judgment interest;
`
`d.
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`entry of judgment declaring that this case is exceptional and awarding Ultravision
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`its costs and reasonable attorney fees under 35 U.S.C. § 285; and
`
`e.
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`such other and further relief as the Court deems just and proper.
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`Dated: February 24, 2020
`
`
`
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`
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`Respectfully submitted,
`
` /s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Lawrence C. Drucker
`NY Bar No. 2303089
`Email: ldrucker@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambriankos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Joseph M. Mercadante
`NY Bar No. 4784930
`Email: jmercadante@brownrudnick.com
`Timothy J. Rousseau
`NY Bar No. 4698742
`Email: trousseau@brownrudnick.com
`Daniel J. Shea
`NY Bar No. 5430558
`Email: dshea@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`
`14
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`Page 14 of 15
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`Texas State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF
`ULTRAVISION TECHNOLOGIES, LLC
`
`15
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`Page 15 of 15
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