Case: 3:14-cv-00737-wmc Document #: 1 Filed: 10/28/14 Page 1 of 8
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WISCONSIN
`
`
`
`
`
`
`Case No. 14-cv-737
`
`JURY TRIAL DEMANDED
`
`
`CREE, INC.,
`
`
`
`
`
`HONEYWELL INTERNATIONAL INC.,
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`v.
`
`
`
`COMPLAINT
`
`Plaintiff Cree, Inc. (“Cree”), for its Complaint against Defendant Honeywell International
`
`Inc. (“Honeywell”), alleges as follows:
`
`PARTIES
`
`1.
`
`Cree is a corporation organized and existing under the laws of the State of North
`
`Carolina with a principal place of business at 4600 Silicon Drive, Durham, North Carolina,
`
`27703. Cree’s largest LED lighting fixture manufacturing facility is located in Wisconsin at
`
`9201 Washington Avenue, Racine, Wisconsin 53406 (formerly the headquarters of Ruud
`
`Lighting, Inc. (“Ruud Lighting”), which was acquired by Cree in 2011 and subsequently merged
`
`with Cree).
`
`2.
`
`On information and belief, Honeywell is a corporation organized and existing
`
`under the laws of the State of Delaware with a principal place of business at 101 Columbia Road,
`
`Morristown, New Jersey, 07962. Honeywell has a registered agent/office in the state of
`
`Wisconsin at 8040 Excelsior Drive, Suite 400, Madison, Wisconsin 53717.
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WISCONSIN
`
`
`
`
`
`
`Case No. 14-cv-737
`
`JURY TRIAL DEMANDED
`
`
`CREE, INC.,
`
`
`
`
`
`HONEYWELL INTERNATIONAL INC.,
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`v.
`
`
`
`COMPLAINT
`
`Plaintiff Cree, Inc. (“Cree”), for its Complaint against Defendant Honeywell International
`
`Inc. (“Honeywell”), alleges as follows:
`
`PARTIES
`
`1.
`
`Cree is a corporation organized and existing under the laws of the State of North
`
`Carolina with a principal place of business at 4600 Silicon Drive, Durham, North Carolina,
`
`27703. Cree’s largest LED lighting fixture manufacturing facility is located in Wisconsin at
`
`9201 Washington Avenue, Racine, Wisconsin 53406 (formerly the headquarters of Ruud
`
`Lighting, Inc. (“Ruud Lighting”), which was acquired by Cree in 2011 and subsequently merged
`
`with Cree).
`
`2.
`
`On information and belief, Honeywell is a corporation organized and existing
`
`under the laws of the State of Delaware with a principal place of business at 101 Columbia Road,
`
`Morristown, New Jersey, 07962. Honeywell has a registered agent/office in the state of
`
`Wisconsin at 8040 Excelsior Drive, Suite 400, Madison, Wisconsin 53717.
`
`
`
`1
`
`
`
`Case: 3:14-cv-00737-wmc Document #: 1 Filed: 10/28/14 Page 2 of 8
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement under 35 U.S.C. §§ 271 and 281. The
`
`Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`4.
`
`The Court has personal jurisdiction over Honeywell under Wis. Stat.
`
`§§ 801.05(1)(d) and 801.05(3), among other provisions. Honeywell has engaged in substantial,
`
`continuous, and systematic business within the State of Wisconsin. Honeywell regularly and
`
`deliberately engages in and continues to engage in activities that constitute, or result in, using,
`
`selling, and/or offering for sale infringing products in the state of Wisconsin and this judicial
`
`district. Honeywell derives substantial revenues from sales of infringing products in this district.
`
`5.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b), (c), and (d)
`
`and § 1400(b).
`
`BACKGROUND
`
`6.
`
`Cree is a market-leading innovator engaged in the design, manufacture, and sale
`
`of light emitting diodes (“LED”) and lighting products using LEDs.
`
`7.
`
`In August 2011, Cree acquired all of the outstanding capital stock of Ruud
`
`Lighting, which was headquartered in Racine, Wisconsin.
`
`8.
`
`Cree’s Ruud Lighting subsidiary, which was engaged in the design, manufacture,
`
`and sale of LED lighting products, merged into Cree effective January 1, 2013. Cree continues
`
`to design, develop, manufacture, and sell LED lighting products in Wisconsin.
`
`9.
`
`Because of the advantages LEDs provide over conventional lighting, liquid-
`
`crystal display (“LCD”)-based devices increasingly are being made using phosphor-based white
`
`LEDs (“white LEDs”) for backlighting.
`
`2
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`
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`Case: 3:14-cv-00737-wmc Document #: 1 Filed: 10/28/14 Page 3 of 8
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`10.
`
`On information and belief, Honeywell’s Automation and Control Systems
`
`(“ACS”) and Aerospace business units have made, used, sold, offered for sale, or imported
`
`products featuring LCDs that utilize white LEDs for backlighting.
`
`11.
`
`On information and belief, at least three divisions within Honeywell’s ACS
`
`business unit have made, used, sold, offered for sale, or imported products featuring LCDs that
`
`utilize white LEDs for backlighting: (1) Environmental & Combustion Controls; (2) Scanning
`
`and Mobility; and (3) Measurement and Control Systems.
`
`12.
`
`For example, the following products of Honeywell’s Environmental &
`
`Combustion Controls feature LCDs backlit by white LEDs: Honeywell VisionPRO 8000
`
`Programmable Thermostat, Honeywell Wi-Fi 9000 Programmable Thermostat, Honeywell Wi-Fi
`
`Smart Programmable Thermostat, and Honeywell Prestige IAQ 2.0 Programmable Thermostat
`
`(collectively “Honeywell Thermostat Products”).
`
`13.
`
`On information and belief, Honeywell’s Aviation Lighting and Cockpit Displays
`
`business within its Aerospace business unit has made, used, sold, offered for sale, or imported
`
`products featuring LCDs that use white LEDs for backlighting.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 8,659,034
`
`14.
`
`Cree repeats and re-alleges each and every allegation of the foregoing paragraphs
`
`as though fully set forth herein.
`
`15.
`
`On February 25, 2014, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,659,034 (“the ‘034 patent”), titled “Solid State White Light
`
`Emitter and Display Using Same.” A copy of the ‘034 patent is attached as Exhibit A.
`
`
`
`3
`
`
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`Case: 3:14-cv-00737-wmc Document #: 1 Filed: 10/28/14 Page 4 of 8
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`16.
`
`Cree owns the ‘034 patent and holds all rights to sue for past, present, and future
`
`infringement of the ‘034 patent.
`
`17.
`
`Cree has complied with the notice requirements of 35 U.S.C. § 287 with respect
`
`to products that it manufactures and sells under the ‘034 patent.
`
`18.
`
`Honeywell has infringed and continues to infringe by making, using, selling,
`
`offering to sell in, and/or importing into the United States products having LCDs backlit with
`
`white LEDs that are covered by at least claim 8 of the ‘034 patent. On information and belief,
`
`these include products made, used, sold, offered for sale, or imported by Honeywell’s
`
`Environmental & Combustion Controls, Scanning and Mobility, Measurement and Control
`
`Systems, and Aviation Lighting and Cockpit Displays businesses. Such products include, for
`
`example and without limitation, the Honeywell Thermostat Products.
`
`19.
`
`As a result of Honeywell’s 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 II
`
`INFRINGEMENT OF U.S. PATENT NO. 8,860,058
`
`20.
`
`Cree repeats and re-alleges each and every allegation of the foregoing paragraphs
`
`as though fully set forth herein.
`
`21.
`
`On October 14, 2014, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,860,058 (“the ‘058 patent”), titled “Solid State White Light
`
`Emitter and Display Using Same.” A copy of the ‘058 patent is attached as Exhibit B.
`
`
`
`4
`
`
`
`Case: 3:14-cv-00737-wmc Document #: 1 Filed: 10/28/14 Page 5 of 8
`
`22.
`
`Cree owns the ‘058 patent and holds all rights to sue for past, present, and future
`
`infringement of the ‘058 patent.
`
`23.
`
`Honeywell has infringed and continues to infringe by making, using, selling,
`
`offering to sell in, and/or importing into the United States products having LCDs backlit with
`
`white LEDs that are covered by at least claim 1 of the ‘058 patent. On information and belief,
`
`these include products made, used, sold, offered for sale, or imported by Honeywell’s
`
`Environmental & Combustion Controls, Scanning and Mobility, Measurement and Control
`
`Systems, and Aviation Lighting and Cockpit Displays businesses. Such products include, for
`
`example and without limitation, the Honeywell Thermostat Products.
`
`24.
`
`As a result of Honeywell’s infringement of the ‘058 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. 7,910,938
`
`25.
`
`Cree repeats and re-alleges each and every allegation of the foregoing paragraphs
`
`as though fully set forth herein.
`
`26.
`
`On March 22, 2011, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 7,910,938 (“the ‘938 patent”), titled “Encapsulant Profile for Light
`
`Emitting Diodes.” A copy of the ‘938 patent is attached as Exhibit C.
`
`27.
`
`Cree owns the ‘938 patent and holds all rights to sue for past, present, and future
`
`infringement of the ‘938 patent.
`
`
`
`5
`
`
`
`Case: 3:14-cv-00737-wmc Document #: 1 Filed: 10/28/14 Page 6 of 8
`
`28.
`
`Honeywell has infringed and continues to infringe by making, using, selling,
`
`offering to sell in, and/or importing into the United States products having phosphor-based LEDs
`
`that are covered by at least claim 1 of the ‘938 patent. On information and belief, these include
`
`products made, used, sold, offered for sale, or imported by Honeywell’s Environmental &
`
`Combustion Controls, Scanning and Mobility, Measurement and Control Systems, and Aviation
`
`Lighting and Cockpit Displays businesses. Such products include, for example and without
`
`limitation, the Honeywell Thermostat Products.
`
`29.
`
`As a result of Honeywell’s 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 IV
`
`INFRINGEMENT OF U.S. PATENT NO. 8,766,298
`
`30.
`
`Cree repeats and re-alleges each and every allegation of the foregoing paragraphs
`
`as though fully set forth herein.
`
`31.
`
`On July 1, 2014, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,766,298 (“the ‘298 patent”), titled “Encapsulant Profile for Light
`
`Emitting Diodes.” A copy of the ‘298 patent is attached as Exhibit D.
`
`32.
`
`Cree owns the ‘298 patent and holds all rights to sue for past, present, and future
`
`infringement of the ‘298 patent.
`
`33.
`
`Honeywell has infringed and continues to infringe by making, using, selling,
`
`offering to sell in, and/or importing into the United States products having phosphor-based LEDs
`
`that are covered by at least claim 8 of the ‘298 patent. On information and belief, these include
`6
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`
`
`
`Case: 3:14-cv-00737-wmc Document #: 1 Filed: 10/28/14 Page 7 of 8
`
`products made, used, sold, offered for sale, or imported by Honeywell’s Environmental &
`
`Combustion Controls, Scanning and Mobility, Measurement and Control Systems, and Aviation
`
`Lighting and Cockpit Displays businesses. Such products include, for example and without
`
`limitation, the Honeywell Thermostat Products.
`
`34.
`
`As a result of Honeywell’s 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.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Cree prays for entry of judgment against Honeywell as follows:
`
`A.
`
`An entry of judgment against Honeywell that Honeywell has infringed U.S.
`
`Patent No. 8,659,034;
`
`B.
`
`An entry of judgment against Honeywell that Honeywell has infringed U.S.
`
`Patent No. 8,860,058;
`
`C.
`
`An entry of judgment against Honeywell that Honeywell has infringed U.S.
`
`Patent No. 7,910,938;
`
`D.
`
`An entry of judgment against Honeywell that Honeywell has infringed U.S.
`
`Patent No. 8,766,298;
`
`E.
`
`A permanent injunction against further infringement of any claim of U.S. Patent
`
`Nos. 8,659,034, 8,860,058, 7,910,938, and 8,766,298 by Honeywell and its respective officers,
`
`agents, servants, employees, and attorneys, and all persons in active concert or participation with
`
`any of them under 35 U.S.C. § 283;
`
`7
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`
`
`Case: 3:14-cv-00737-wmc Document #: 1 Filed: 10/28/14 Page 8 of 8
`
`F.
`
`An award of compensatory damages adequate to compensate Cree for
`
`Honeywell’s infringement;
`
`G.
`
`H.
`
`I.
`
`An award of any other damages permitted under 35 U.S.C. §§ 284 and 285;
`
`An award of pre-judgment interest, post-judgment interest, and costs; and
`
`Such other and further relief as the Court or a jury deems just and proper.
`
`JURY DEMAND
`
`Cree requests a trial by jury of all issues so triable.
`
`Dated: October 28, 2014.
`
`
`
`Respectfully submitted,
`
`GODFREY & KAHN, S.C.
`
`By: s/ Kendall W. Harrison
`
`Kendall W. Harrison
`
`Jennifer L. Gregor
`
`One East Main Street, Suite 500
`P.O. Box 2719
`Madison, WI 53701-2719
`(608) 257-3911
`kharrison@gklaw.com
`jgregor@gklaw.com
`
`Robert M. Evans, Jr.
`Marc W. Vander Tuig
`John R. Schroeder
`Elizabeth E. Fabick
`(pro hac vice motions forthcoming)
`SENNIGER POWERS LLP
`100 N. Broadway, 17th Floor
`St. Louis, MO 63102
`Telephone: (314) 345-7000
`Facsimile: (314) 345-7600
`
`Attorneys for Plaintiff Cree, Inc.
`
`8
`
`12419463.1
`
`
`
`
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