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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
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`Attorneys for Plaintiff Document Security Systems, Inc.
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
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`DOCUMENT SECURITY SYSTEMS,
`INC.,
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`
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`Plaintiff,
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`v.
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`OSRAM GMBH; OSRAM OPTO
`SEMICONDUCTORS GMBH & CO.;
`OSRAM Licht AG; and OSRAM
`SYLVANIA INC.,
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`
`
`
`Defendants.
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`Civil Action No. 2:17-cv-05184
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`JURY TRIAL DEMANDED
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States of America, 35 U.S.C. § 1 et seq. in which Document Security Systems,
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`Inc. (“DSS” or “Plaintiff”) makes the following allegations against Defendants
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`OSRAM GMBH (“OSRAM”); OSRAM OPTO SEMICONDUCTORS GMBH &
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`CO.; (“OOS”), OSRAM Licht AG (OSAG) and OSRAM Sylvania, Inc. (“OSI”)
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`(collectively “Defendants”).
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`1
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`Case No. 2:17-cv-05184
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`

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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 2 of 21 Page ID #:431
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`
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`PARTIES
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`1.
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`Document Security Systems, Inc. is a publicly-traded New York
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`corporation. Founded in 1984, DSS is a global leader in brand protection, digital
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`security solutions and anti-counterfeiting technologies.
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`2.
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`In November 2016, DSS acquired a portfolio of patents covering
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`technologies used in Light-Emitting Diode (“LED”) lighting products, including the
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`patents-in-suit. The patents in this portfolio were originally assigned to Agilent
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`Technologies, Inc. and/or the successors of its LED business. Since its recent
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`acquisition of these patents, DSS has worked to expand its business efforts regarding
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`LED technology. DSS is pursuing both licensing and commercialization of this
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`technology acquisition.
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`3. On information and belief, OSRAM GmbH (“OSRAM”) is a foreign
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`corporation under the laws of Germany with a principal place of business located at
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`Hellabrunner Strasse 1, 81543 Munich, Germany. Upon information and belief,
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`OSRAM manufactures light-emitting diode (“LED”) products and, through its
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`subsidiaries, Defendants OSRAM Opto Semiconductor GmbH & Co. (“OOS”) and
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`OSRAM Sylvania Inc. (“OSI”), has sales offices in the United States. Defendant
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`OSRAM can be served with process in Germany pursuant to The Hague Convention
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`on the Service Abroad of Judicial and Extrajudicial Documents, Article 1, November
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`15, 1965 T.I.A.S. No. 6638, 20 U.S.T. 361 (U.S. Treaty 1969).
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`4. On information and belief, OOS is a foreign corporation under the laws of
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`Germany with a principal place of business located at Leibnizstr 4, 93055
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`Regensburg, Germany. Upon information and belief, OOS is a subsidiary of OSRAM
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`and /or OLAG and sells and/or offers for sale in the United States LED products
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`manufactured by it and/or OSRAM and/or OSAG, including in the State of California
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`and in this judicial district.
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`5. On information and belief, OSI is a Delaware corporation, having its
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`principal place of business at 100 Endicott Street, Danvers, Massachusetts 01923.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`2
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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 3 of 21 Page ID #:432
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`Upon information and belief, OOS is a wholly-owned subsidiary of OSRAM and sells
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`and/or offers for sale in the United States LED products manufactured by it and/or
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`OSRAM, including in the State of California and in this judicial district.
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`6. On information and belief, OSRAM Licht AG (“OSAG”) is a foreign
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`corporation under the laws of Germany with a principal place of business located at
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`Hellabrunner Strasse 1, 81543 Munich, Germany. Upon information and belief,
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`OSAG wholly owns, directly or indirectly, OOS, OSRAM and OSI and, through these
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`corporate relationships as a joint enterprise and alone, engages in marketing, sales,
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`and/or development of infringing products sold in the State of California and in this
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`judicial district.
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`JURISDICTION AND VENUE
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`7. This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Accordingly, this Court has subject matter jurisdiction under 28
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`U.S.C. §§ 1331 and 1338(a).
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`8. This Court has personal jurisdiction over Defendants in this action because,
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`among other reasons, Defendants have committed acts within the Central District of
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`California giving rise to this action and have established minimum contacts with the
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`forum state of California. Defendants directly and/or through subsidiaries or
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`intermediaries (including distributors, retailers, and others), have committed and
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`continue to commit acts of infringement in this District by, among other things,
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`making, using, importing, offering for sale, and/or selling products and/or services
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`that infringe the patents-in-suit. Thus, Defendants have purposefully availed
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`themselves of the benefits of doing business in the State of California and the exercise
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`of jurisdiction over Defendants would not offend traditional notions of fair play and
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`substantial justice.
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`9. Venue is proper in this District under 28 U.S.C. §§ 1391 (b)-(c) and 1400(b)
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`because Defendants have a regular and established place of business in this District
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`and have committed acts of patent infringement in this District. Defendants, for
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`3
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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 4 of 21 Page ID #:433
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`example, have a regular and established place of business in this District at 1651 S.
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`Archibald Ave., Ontario, CA 91761.
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`BACKGROUND
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`10. DSS is the owner by assignment of United States Patent No. 6,949,771 (“the
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`’771 Patent”) entitled “Light Source.” The ’771 Patent was duly and legally issued by
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`the United States Patent and Trademark Office on September 27, 2005. A true and
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`correct copy of the ’771 Patent is included as Exhibit A.
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`11. DSS is the owner by assignment of United States Patent No. 7,524,087 (“the
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`’087 Patent”) entitled “Optical Device.” The ’087 Patent was duly and legally issued
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`by the United States Patent and Trademark Office on April 28, 2009. A true and
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`correct copy of the ’087 Patent is included as Exhibit B.
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`12. DSS is the owner by assignment of United States Patent No. 7,256,486
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`(“the ’486 Patent”) entitled “Packing Device for Semiconductor Die, Semiconductor
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`Device Incorporating Same and Method of Making Same.” The ’486 Patent was duly
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`and legally issued by the United States Patent and Trademark Office on August 14,
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`2007. A true and correct copy of the ’486 Patent is included as Exhibit C.
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`13.
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` DSS is the owner by assignment of United States Patent No. 7,652,297
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`(“the ’297 Patent”) entitled “Light Emitting Device.” The ’297 Patent was duly and
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`legally issued by the United States Patent and Trademark Office on January 26, 2010.
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`A true and correct copy of the ’297 Patent is included as Exhibit D
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`14. DSS owns all rights, title, and interest in and to the ’771, ‘087, ‘486 and
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`‘297 Patents (collectively, “asserted patents” or “patents-in-suit”), including all rights
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`to sue and recover for past and future infringement.
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`COUNT I
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`INFRINGEMENT OF THE ’771 PATENT
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`15. DSS references and incorporates by reference paragraphs 1 through 14 of
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`this Complaint.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case No. 2:17-cv-05184
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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 5 of 21 Page ID #:434
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`16. Defendants make, use, offer for sale, sell, and/or import in the United
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`States products and/or services that infringe various claims of the ’771 Patent, and
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`continues to do so. By way of illustrative example, Defendants’ infringing products
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`include without limitation, all versions and variations, including predecessor and
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`successor models, of their Advanced Power TOPLED; Advanced Power TOPLED
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`Plus; Displix LRTB; Firefly E1608; Golden DRAGON; Golden DRAGON Plus
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`White; Golden DRAGON Plus Colors; Mini TOPLED; MultiLED; MultiTOPLED;
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`Platinum DRAGON; PointLED; Power TOPLED; Power TOPLED Lens; Power
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`SIDELED; SIDELED; TOPLED; TOPLED Lens; TOPLED Reverse Gullwing;
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`TOPLED Black; TOPLED Black Surface; and Synios P2720 packages. Defendants’
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`infringing products also include products, e.g., light bulbs, displays and fixtures that
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`contain at least one infringing LED product. Defendants’ infringing products are
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`collectively referred to hereinafter as “’771 Accused Instrumentalities.”
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`17. Defendants have directly infringed and continue to directly infringe the
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`’771 Patent by, among other things, making, using, offering for sale, selling, and/or
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`importing the ’771 Accused Instrumentalities. Such products and/or services are
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`covered by one or more claims of the ’771 Patent’s including at least claims 1 to 8
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`because they contain each element of those claims.
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`18. As an illustrative example, Defendants import, sell and offer to sell their
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`Advanced Power TOPLED series products. Defendant’s Advanced Power TOPLED
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`infringes, for example, Claim 3 of the ‘771 patent because it is a light source
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`comprising a substrate having opposing first and second surfaces, the substrate
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`defining an aperture extending from the first surface to the second surface, said
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`aperture having a first opening in the first surface and second opening in said second
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`surface:
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 6 of 21 Page ID #:435
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`19. Defendants’ Advanced Power TOPLED also includes a platform
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`covering said first opening, said platform being located outside said aperture:
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`20. Defendants’ Advanced Power TOPLED also includes a light emitting
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`diode mounted on the platform within the aperture, and a transparent encapsulant
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`material encapsulating the light emitting diode in the aperture:
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case No. 2:17-cv-05184
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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 7 of 21 Page ID #:436
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`21. Defendants’ Advanced Power TOPLED’s “platform” is made from
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`thermally conductive material for conducting heat away from the light emitting diode
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`because the “platform” comprises a metal lead frame that conducts heat away from the
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`light emitting diode.
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`22. By making, using, offering for sale, selling, and/or importing the ’771
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`Accused Instrumentalities infringing the ’771 Patent, Defendants have injured DSS
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`and are liable to DSS for infringement of the ’771 Patent pursuant to 35 U.S.C. §
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`271(a) directly and/or under the doctrine of equivalents.
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`23.
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`In addition, Defendants are actively inducing others, such as their
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`customers and end users of Accused Instrumentalities, services based thereupon, and
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`related products and/or processes, to directly infringe each and every claim limitation,
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`including without limitation claims 1 to 8 of the ’771 Patent, in violation of 35 U.S.C.
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`§ 271(b). Defendants’ customers and/or end users have directly infringed and are
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`directly infringing each and every claim limitation, including without limitation
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`claims 1 to 8 of the ’771 Patent. Defendants have had actual knowledge of the ’771
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`Patent at least as of service of this Complaint. Defendants are knowingly inducing
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`their customers and/or end users to directly infringe the ’771 Patent, with the specific
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`intent to encourage such infringement, and knowing that the induced acts constitute
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`patent infringement. Defendants’ inducement includes, for example, providing
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`technical guides, product data sheets, demonstrations, software and hardware
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`specifications, installation guides, and other forms of support that induce their
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`customers and/or end users to directly infringe the ’771 Patent. The ’771 Accused
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`Instrumentalities are designed in such a way that when they are used for their intended
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`purpose, the user infringes the ’771 Patent. Defendants know and intend that
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`customers that purchase the ’771 Accused Instrumentalities will use those products for
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`their intended purpose. Defendants also specifically intend its customers infringe the
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`‘771 Patent through use of the ‘771 Accused Instrumentalities through trade show
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`7
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`Case No. 2:17-cv-05184
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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 8 of 21 Page ID #:437
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`presentations, customer visits, direct customer contacts and application guides. For
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`example, Defendant’s United States website: https://www.osram.com/os/, instructs
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`customers to use ‘771 Accused Instrumentalities in numerous “Applications.” In
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`addition, Defendants specifically intend that their customers, such as United States
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`distributors, retailers and consumer product companies, will import, use and sell
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`infringing products in the United States in order to serve and develop the United
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`States market for Defendants’ infringing products.
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`24. Defendants have been aware of the ’771 Patent and of its infringement as
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`of a date no later than October 27, 2006, when the ‘771 Patent was cited by a USPTO
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`examiner during the prosecution of Defendants’ patent that issued as U.S. 7,570,147.
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`Thereafter, on June 1, 2009, Defendants listed the ‘771 Patent in an Information
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`Disclosure Statement they filed during prosecution of U.S. Patent 8,071,997.
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`Defendants again, on February 10, 2013, listed the ‘771 Patent in an Information
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`Disclosure Statement they filed during prosecution of U.S. Patent 9,240,536. Again,
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`on January 19, 2017, the ‘771 Patent was on a list of references cited by a USPTO
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`examiner during the prosecution of Defendants’ U.S. Patent application
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`20160172559A1. Since that date, Defendants have failed to investigate and remedy
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`their infringement of the ‘771 Patent and thus willfully and egregiously continue to
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`infringe the ‘771 Patent. On information and belief, Defendants continued to offer
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`infringing products without having modified or altered those products in a manner that
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`would not infringe the ‘771 patent. Defendants, at the very least, have been
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`egregiously and willfully blind to infringement of the ‘771 Patent. Further evidence
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`of Defendants’ egregious and willful infringement are the acts of active inducement
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`described in this Complaint. Defendants actively induce and encourage customers to
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`make, use, sell, offer to sell and/or import the ‘771 Accused Instrumentalities with
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`knowledge that these acts constitute infringement of the ‘771 Patent, with the purpose
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`of, inter alia, developing and serving the United States market for Defendants’ LED
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`products and consumer devices that include Defendants’ products.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case No. 2:17-cv-05184
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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 9 of 21 Page ID #:438
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`25. As a result of Defendants’ infringement of the ’771 Patent, DSS has
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`suffered monetary damages in an amount adequate to compensate for Defendants’
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`infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendants, together with interest and costs as fixed by the Court.
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`COUNT II
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`INFRINGEMENT OF THE ’087 PATENT
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`26. DSS references and incorporates by reference paragraphs 1 through 25 of
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`this Complaint. Defendants make, use, offer for sale, sell, and/or import in the United
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`States products and/or services that infringe various claims of the ’087 Patent, and
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`continues to do so. By way of illustrative example, Defendants’ infringing products
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`include without limitation, all versions and variations, including predecessor and
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`successor models, of their Mini TOPLED; MULTILED; MULTI TOPLED; Power
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`TOPLED; and Power TOPLED Lens packages. Defendants’ infringing products also
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`include products, e.g., light bulbs, displays and fixtures that contain at least one
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`infringing LED product. Defendants’ infringing products are collectively referred to
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`hereinafter as “’087 Accused Instrumentalities.”
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`27. Defendants have directly infringed and continue to directly infringe the
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`’087 Patent by, among other things, making, using, offering for sale, selling, and/or
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`importing the ’087 Accused Instrumentalities. Such products and/or services are
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`covered by one or more claims of the ’087 Patent’s including at least claim 1 because
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`they contain each element of that claim.
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`28. As an illustrative example, Defendants import, sell and offer to sell its
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`MULTILED products. Defendants’ MULTILED infringes, for example, Claim 1 of
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`the ‘087 patent because it is an optical device comprising a lead frame with a plurality
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`of leads:
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 10 of 21 Page ID #:439
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`29. Defendants’ MULTILED also includes a reflector housing formed
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`around the lead frame, the reflector housing having a first end face and a second end
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`face and a peripheral sidewall extending between the first end face and the second end
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`face, the reflector housing having a first pocket with a pocket opening in the first end
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`face and a second pocket opening in the second end face:
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`30. Defendants’ MULTILED also includes at least one LED die mounted in
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`the first pocket of the reflector housing and a light transmitting encapsulant disposed
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`in the first pocket and encapsulating the at least one LED die:
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 11 of 21 Page ID #:440
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`31. Defendants’ MULTILED includes a plurality of lead receiving
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`compartments formed in the peripheral sidewall of the reflector housing:
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`32. By making, using, offering for sale, selling, and/or importing the ’087
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`Accused Instrumentalities infringing the ’087 Patent, Defendants have injured DSS
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`and are liable to DSS for infringement of the ’087 Patent pursuant to 35 U.S.C. §
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`271(a) directly and/or under the doctrine of equivalents.
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`33.
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`In addition, Defendants are actively inducing others, such as their
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`customers and end users of Accused Instrumentalities, services based thereupon, and
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`related products and/or processes, to directly infringe each and every claim limitation,
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`including without limitation claim 1 of the ’087 Patent, in violation of 35 U.S.C. §
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`271(b). Defendants’ customers and/or end users have directly infringed and are
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`directly infringing each and every claim limitation, including without limitation claim
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`1 of the ’087 Patent. Defendants have had actual knowledge of the ’087 Patent at
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`least as of service of this Complaint. Defendants are knowingly inducing their
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`customers and/or end users to directly infringe the ’087 Patent, with the specific intent
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`to encourage such infringement, and knowing that the induced acts constitute patent
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`infringement. Defendants’ inducement includes, for example, providing technical
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`11
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`Case No. 2:17-cv-05184
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`

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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 12 of 21 Page ID #:441
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`guides, product data sheets, demonstrations, software and hardware specifications,
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`installation guides, and other forms of support that induce their customers and/or end
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`users to directly infringe the ’087 Patent. The ’087 Accused Instrumentalities are
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`designed in such a way that when they are used for their intended purpose, the user
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`infringes the ’087 Patent. Defendants know and intend that customers that purchase
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`the ’087 Accused Instrumentalities will use those products for their intended purpose.
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`Defendants also specifically intend its customers infringe the ‘087 Patent through use
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`of the ‘087 Accused Instrumentalities through trade show presentations, customer
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`visits, direct customer contacts and application guides. For example, Defendant’s
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`United States website: https://www.osram.com/os/, instructs customers to use ‘087
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`Accused Instrumentalities in numerous “Applications.” In addition, Defendants
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`specifically intend that their customers, such as United States distributors, retailers
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`and consumer product companies, will import, use and sell infringing products in the
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`United States in order to serve and develop the United States market for Defendants’
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`infringing products. Defendants also give customers specific instruction to infringe
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`e.g., claim 9 of the ‘087 patent, by assembling products into an infringing display.
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`See, e.g., http://www.osram-
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`os.com/Graphics/XPic3/00187016_0.pdf/LED%20Display%20Backlighting%20-
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`%20Monitor%20Applications%20using%206-lead%20MULTILED.pdf
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`34. Defendants have been aware of the ’087 Patent and of its infringement as
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`of a date no later than January 24, 2013, when a USPTO examiner included the ‘087
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`patent on a search strategy report sent to Defendants during the prosecution of
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`Defendants’ U.S. Patent No. 8,558,271. Thereafter, Defendants cited the ’087 Patent
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`during the prosecution of its U.S. Patent No. 9,673,136. Since that date, Defendants
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`have failed to investigate and remedy their infringement of the ‘087 Patent and thus
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`willfully and egregiously continue to infringe the ‘087 Patent. On information and
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`belief, Defendants continued to offer infringing products without having modified or
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`altered those products in a manner that would not infringe the ‘087 patent.
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`12
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`Case No. 2:17-cv-05184
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`

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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 13 of 21 Page ID #:442
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`Defendants, at the very least, have been egregiously and willfully blind to
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`infringement of the ‘087 Patent. Further evidence of Defendants’ egregious and
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`willful infringement are the acts of active inducement described in this Complaint.
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`Defendants actively induce and encourage customers to make, use, sell, offer to sell
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`and/or import the ‘087 Accused Instrumentalities with knowledge that these acts
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`constitute infringement of the ‘087 Patent, with the purpose of, inter alia, developing
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`and serving the United States market for Defendants’ LED products and consumer
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`devices that include Defendants’ products.
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`35. As a result of Defendants’ infringement of the ’087 Patent, DSS has
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`suffered monetary damages in an amount adequate to compensate for Defendants’
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`infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendants, together with interest and costs as fixed by the Court.
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`COUNT III
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`INFRINGEMENT OF THE ’486 PATENT
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`36. DSS references and incorporates by reference paragraphs 1 through 35 of
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`this Complaint.
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`37. On information and belief, Defendants make, use, offer for sale, sell,
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`and/or import in the United States products and/or services that infringe various
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`claims of the ’486 Patent, and continues to do so. By way of illustrative example,
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`Defendants’ infringing products include without limitation, all versions and variations,
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`including predecessor and successor models, of their Ceramos; Multi CHIPLED;
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`OSLON SX; OSLON MX; OSLON LX; OSLON Compact; OSLON Signal; OSTAR
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`Stage; OSTAR LE UW Q9WP; OSLON Square; OSLON SSL White; OSLON SSL
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`Colors products. Defendants’ infringing products also include products, e.g., light
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`bulbs, displays and fixtures that contain at least one infringing LED product.
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`Defendants’ infringing products are collectively referred to hereinafter as “’486
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`Accused Instrumentalities.”
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`13
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`Case No. 2:17-cv-05184
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`

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`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 14 of 21 Page ID #:443
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`9
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`38. On information and belief, Defendants have directly infringed and
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`continues to directly infringe the ’486 Patent by, among other things, making, using,
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`offering for sale, selling, and/or importing the ’486 Accused Instrumentalities. On
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`information and belief, such products are covered by one or more claims of the ’486
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`Patent including at least claim 1 because they contain each element of that claim.
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`39. As an illustrative example, Defendants import, sell and offer to sell its
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`OSLON SSL products. Defendants’ OSLON SSL infringes, for example, Claim 1 of
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`the ‘486 patent because it is a semiconductor device comprising a substantially planar
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`substrate having opposed major surfaces:
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`40. Defendants’ OSLON SSL also includes an electrically conductive
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`mounting pad located on one of the major surfaces of the substrate:
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`41. Defendants’ OSLON SSL also includes an LED having a metallized
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`bottom major surface that is mounted on the electrically conductive mounting pad, the
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
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`14
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`Case No. 2:17-cv-05184
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`

`

`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 15 of 21 Page ID #:444
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`
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`metallized bottom major surface comprising one of an anode and a cathode of the
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`LED:
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`42. Defendants’ OSLON SSL also includes a first electrically conductive
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`connecting pad located on the other of the major surfaces of the substrate:
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`43. Defendants’ OSLON SSL also includes a first electrically conductive
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`interconnecting element extending through the substrate and electrically
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`interconnecting the mounting pad and the first electrically conducive connecting pad:
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`15
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`Case No. 2:17-cv-05184
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`

`

`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 16 of 21 Page ID #:445
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`44. 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.
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`45.
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`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
`
`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 ’486 Accused Instrumentalities are
`
`designed in such a way that when they are used for their intended purpose, the user
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`16
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`Case No. 2:17-cv-05184
`
`

`

`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 17 of 21 Page ID #:446
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`infringes the ‘486 Patent. Defendants know and intend that customers that purchase
`
`the ‘486 Accused Instrumentalities will use those products for their intended purpose.
`
`Defendants also specifically intend its customers infringe the ‘486 Patent through use
`
`of the ‘486 Accused Instrumentalities through trade show presentations, customer
`
`visits, direct customer contacts and application guides. For example, Defendant’s
`
`United States website: https://www.osram.com/os/, instructs customers to use ‘486
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`Accused Instrumentalities in numerous “Applications.” In addition, Defendants
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`specifically intend that their customers, such as United States distributors, retailers
`
`and consumer product companies, will import, use and sell infringing products in the
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`10
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`United States in order to serve and develop the United States market for Defendants’
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`11
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`infringing products.
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`12
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`46. As a result of Defendants’ infringement of the ‘486 Patent, DSS has
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`13
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`suffered monetary damages in an amount adequate to compensate for Defendants’
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`14
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`infringement, but in no event less than a reasonable royalty for the use made of the
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`15
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`invention by Defendants, together with interest and costs as fixed by the Court.
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`16
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`17
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`18
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`COUNT IV
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`INFRINGEMENT OF THE ’297 PATENT
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`47. DSS references and incorporates by reference paragraphs 1 through 46 of
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`19
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`this Complaint.
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`20
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`48. On information and belief, Defendants make, use, offer for sale, sell,
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`21
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`and/or import in the United States products and/or services that infringe various
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`22
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`claims of the ’297 Patent, and continues to do so. By way of illustrative example,
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`23
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`Defendants’ infringing products include without limitation, all versions and variations,
`
`24
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`including predecessor and successor models, of their Advanced Power TOPLED Plus;
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`25
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`Displix LTRB; Golden DRAGON; Golden DRAGON Plus White; Golden DRAGON
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`26
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`Plus Colors; and Platinum DRAGON products. Defendants’ infringing products also
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`27
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`include products, e.g., light bulbs, displays and fixtures that contain at least one
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`28
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`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`17
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`Case No. 2:17-cv-05184
`
`

`

`Case 2:17-cv-05184-JVS-JCG Document 47 Filed 11/16/17 Page 18 of 21 Page ID #:447
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`infringing LED product. Defendants’ infringing products are collectively referred to
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`hereinafter as “’297 Accused Instrumentalities.”
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`4