IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`NICHIA CORPORATION,
`
`Plaintiff,
`
`v.
`
`VIZIO, INC.
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 2:16-cv-01453-JRG
`
`LEAD CASE
`
`PLAINTIFF NICHIA CORPORATION’S SUBMISSIONS
`PURSUANT TO LOCAL PATENT RULES 3-1 AND 3-2
`
`Pursuant to the Local Patent Rules of the Eastern District of Texas, Plaintiff Nichia
`
`Corporation (“Nichia”) serves on VIZIO, Inc. (“VIZIO”) the materials required by Rules 3-1 and
`
`3-2 as follows.
`
`RULE 3-1- INFRINGEMENT CONTENTIONS
`
`In accordance with Rule 3-l (a) and (b), the accused products in this case include all
`
`products that are or have been made, used, sold, or offered for sale in the United States, or
`
`imported into the United States, that contain or include LED devices that are covered by one or
`
`more claims of U.S. Patent No. 9,490,411 (the “’411 Patent”) and/or U.S. Patent No. 9,537,071
`
`(the “’071 Patent”), including:
`
`(i)
`
`The following products, which include or contain the representative LEDs
`
`reflected in the claim charts attached hereto in Exhibits 1 and 2;
`
`VIZIO TV Models
`
`D28h-C1
`
`D39hn-E0
`
`1
`
`VIZIO Ex. 1028 Page 00001
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`NICHIA CORPORATION,
`
`Plaintiff,
`
`v.
`
`VIZIO, INC.
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 2:16-cv-01453-JRG
`
`LEAD CASE
`
`PLAINTIFF NICHIA CORPORATION’S SUBMISSIONS
`PURSUANT TO LOCAL PATENT RULES 3-1 AND 3-2
`
`Pursuant to the Local Patent Rules of the Eastern District of Texas, Plaintiff Nichia
`
`Corporation (“Nichia”) serves on VIZIO, Inc. (“VIZIO”) the materials required by Rules 3-1 and
`
`3-2 as follows.
`
`RULE 3-1- INFRINGEMENT CONTENTIONS
`
`In accordance with Rule 3-l (a) and (b), the accused products in this case include all
`
`products that are or have been made, used, sold, or offered for sale in the United States, or
`
`imported into the United States, that contain or include LED devices that are covered by one or
`
`more claims of U.S. Patent No. 9,490,411 (the “’411 Patent”) and/or U.S. Patent No. 9,537,071
`
`(the “’071 Patent”), including:
`
`(i)
`
`The following products, which include or contain the representative LEDs
`
`reflected in the claim charts attached hereto in Exhibits 1 and 2;
`
`VIZIO TV Models
`
`D28h-C1
`
`D39hn-E0
`
`1
`
`VIZIO Ex. 1028 Page 00001
`
`
`
`
`
`(ii) Any product that includes or contains, for purposes of the asserted claims, LEDs
`
`with the same features as the LEDs identified in paragraph (i), including but not
`
`limited to the following;
`
`VIZIO TV Models
`
`D28hn-D1
`
`
`
`(iii) And any product that includes or contains an LED that is within the same product
`
`series, and/or has the same package design, as any of the Accused Products
`
`identified in paragraphs (i) and (ii).
`
`As required by Rules 3-l (a) - (d), claim charts showing “[e]ach claim of each patent in
`
`suit that is allegedly infringed by each opposing party” and “identifying specifically where each
`
`element of each asserted claim is found within each” accused product and process, and whether
`
`the elements are “literally present or present under the doctrine of equivalents” are attached as
`
`Exhibits 1 and 2. As demonstrated in the claim charts, based on information currently available
`
`to Nichia, the LEDs in the accused products literally infringe the asserted claims.
`
`As noted above, the claim charts are directed to exemplary products believed to be
`
`representative of the infringing LEDs. All of Defendant’s products that include or contain LEDs
`
`that are similar in structure and design to the LEDs in the exemplary products are accused
`
`products. Juxtacomm Techs., Inc. v. Ascential Software Corp., 548 F. Supp. 2d 379, 381 (E.D.
`
`Tex. 2008) (recognizing expedient of using “one chart to accuse both products”); see also
`
`ConnecTel, LLC v. Cisco Sys., Inc., 391 F. Supp. 2d 526, 528-29 (E.D. Tex. 2005) (“[T]he Court
`
`ORDERS ConnecTel to designate exemplar accused infringing products and compare those
`
`products to each asserted patent on a claim by claim, element by element basis.”).
`
`
`
`2
`
`VIZIO Ex. 1028 Page 00002
`
`
`
`Nichia’s infringement contentions are based on the information available to Nichia at this
`
`time, including data and inferences reasonably drawn from material regarding Defendant’s
`
`products that are available to Nichia from public sources. Nichia reserves the right to amend and
`
`revise these contentions, including the right to supplement the list of accused products, as
`
`additional information becomes available to Nichia through discovery or otherwise. See, e.g.,
`
`Nidec Corp. v. LG Innotek Co., Ltd., 07-cv-108, 2009 WL 3673253 (E.D. Tex. Sept. 2, 2009)
`
`(allowing for amendments for additional products identified through discovery).
`
`In accordance with Rule 3-1(e), the claims of the patents-in-suit are entitled to the
`
`priority dates of an earlier patent application, as follows:
`
`PATENT
`’411
`’071
`
`CLAIMS
`All asserted claims
`All asserted claims
`
`PRIORITY DATE
`September 3, 2008
`September 3, 2008
`
`Nichia reserves the right to assert a priority date based on conception and reduction to practice of
`
`the claimed inventions before the dates set forth above.
`
`Finally, Nichia reserves the right to rely, for any purpose, on the assertion that its own
`
`products, devices, processes, or acts practice the claimed inventions. In accordance with Rule 3-
`
`1(f), Nichia products, by model number, that practice one or more of the asserted claims of the
`
`’411 Patent and/or the ’071 Patent, are listed on Exhibit 3 attached hereto.
`
`RULE 3-2: DOCUMENTS ACCOMPANYING INFRINGEMENT CONTENTIONS
`
`Nichia’s disclosures as required by Local Patent Rule 3-2 are being served
`
`contemporaneously via FTP. Pending entry of a protective order in this lawsuit, Nichia
`
`designates each of the documents in this production “Confidential: Outside Attorneys’ Eyes
`
`Only.”
`
`Documents produced in accordance with Rule 3.2(a) are throughout the range
`
`NicCONSOL0003257-NicCONSOL0013245.
`
`
`
`3
`
`VIZIO Ex. 1028 Page 00003
`
`
`
`Documents produced in accordance with Rule 3.2(b) are included in the range
`
`NicCONSOL0000914 - NicCONSOL0034514.
`
`Pursuant to Rule 3.2(c), the file histories of the ’411 and ’071 Patents are at NicCONSOL
`
`0083681-NicCONSOL0084263.
`
`Nichia reserves the right to use any document for any permitted purpose.
`
`
`
`
`DATED: May 12, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/Robert P. Parker
`
`
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`
`Robert P. Parker
`Martin M. Zoltick
`Steven P. Weihrouch
`Jenny Colgate
`Michael H. Jones
`Daniel McCallum
`Mark Rawls
`607 14th Street, N.W. – Suite 800
`Washington, D.C. 20005
`Tel: (202) 783-6040
`Fax: (202) 783-6031
`Email: NichiaLIT@rfem.com
`
`
`IRELAND CARROLL & KELLEY
`Otis Carroll -- State Bar No. 03895700
`Collin Michael Maloney -- State Bar No. 00794219
`6101 S Broadway, Suite 500
`Tyler, TX 75703
`Tel: (903) 561-1600
`Fax: (903) 581-1071
`Email: otiscarroll@icklaw.com
`Email: cmaloney@icklaw.com
`
`
`
`
`Attorneys for Plaintiff
`
`4
`
`VIZIO Ex. 1028 Page 00004
`
`
`
`CERTIFICATE OF SERVICE
`
`
`I hereby certify that on this 12th day of May, 2017, a true and correct copy of the
`
`foregoing PLAINTIFF NICHIA CORPORATION’S SUBMISSIONS PURSUANT TO
`LOCAL PATENT RULES 3-1 AND 3-2 were served by electronic mail and file transfer portal,
`upon the following counsel of record.
`
`
`
`
`Charles Everingham, IV
`Akin Gump Strauss Hauer & Feld LLP
`911 West Loop 281, Suite 412
`Longview, TX 75604
`Email: ceveringham@akingump.com
`
`Kevin G. McBride
`Akin Gump Strauss Hauer & Feld LLP
`633 West Fifth Street, Suite 5900
`Los Angeles, CA 90071
`Email: kmcbride@akingump.com
`
`Ashraf Ahmed Fawzy
`Cono A. Carrano
`David C. Vondle
`Akin Gump Strauss Hauer & Feld LLP
`1333 New Hampshire Ave NW, Suite 400
`Washington, DC 20036
`Email: afawzy@akingump.com
`Email: ccarrano@akingump.com
`Email: dvondle@akingump.com
`
`Brock Forrest Wilson
`Akin Gump Strauss Hauer & Feld LLC
`4 Park Plaza, Suite 1900
`Irvine, CA 92614
`Email: bfwilson@akingump.com
`
`Counsel for VIZIO, Inc.
`
`John Michael Hardy
`Hardy & Atherton
`909 ESE Loop 323, Suite 750
`Tyler, TX 75701
`Email: jmh@hardylaw.com
`
`
`
`
`
`
`5
`
`VIZIO Ex. 1028 Page 00005
`
`
`
`Scott D. Stimpson
`Tod Melgar
`Trent S Dickey
`Sills Cummis & Gross P.C.
`101 Park Avenue, 28th Floor
`New York, NY 10178
`Email: sstimpson@sillscummis.com
`Email: tmelgar@sillscummis.com
`Email: tdickey@sillscummis.com
`
`Counsel for Lowe’s Home Centers, LLC and
`L G Sourcing, Inc.
`
`Elizabeth A Batts
`Kalpesh K Shah
`Benesch Friedlander Coplan & Aronoff
`200 Public Square, Suite 2300
`Cleveland, OH 44114
`Email: ebatts@beneschlaw.com
`Email: kshah@beneschlaw.com
`
`Eric Hugh Findlay
`Roger Brian Craft
`Findlay Craft PC
`102 N College Avenue, Suite 900
`Tyler, TX 75702
`Email: efindlay@findlaycraft.com
`Email: bcraft@findlaycraft.com
`
`Counsel for Feit Electric Company, Inc.
`
`J. Mark Mann
`G. Blake Thompson
`Mann | Tindel | Thompson
`300 West Main Street
`Henderson, Texas 75652
`mark@themannfirm.com
`blake@themannfirm.com
`
`6
`
`VIZIO Ex. 1028 Page 00006
`
`
`
`Raymond N. Nimrod
`Richard Erwine
`John T. McKee
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Ave., 22nd Floor
`New York, New York 10010
`raynimrod@quinnemanuel.com
`richarderwine@quinnemanuel.com
`johnmckee@quinnemanuel.com
`
`Attorneys for TCL Multimedia Technology Holdings
`Limited and TTE Technology, Inc.
`
`/s/ Nasri V. B. Hage
`Nasri V. B. Hage
`
`7
`
`VIZIO Ex. 1028 Page 00007
`
`
`
`
`EXHIBIT 1
`
`
`
`EXHIBIT 1
`
`VIZIO Ex. 1028 Page 00008
`
`VIZIO Ex. 1028 Page 00008
`
`
`
`
`
`Exhibit 1-A
`
`Infringement of U.S. Patent No. 9,490,411 by VIZIO Model D28h-C1 LED
`TV and VIZIO Models Containing Similar LED Devices
`This portion of Plaintiff’s infringement contentions uses the VIZIO Model D28h-C1 LED TV as an exemplar. These contentions
`apply to all VIZIO products containing the same or similar LED devices as those found in Model D28h-C1.1
`
`
`
`
`
`
`
`
`1 By way of example, these contentions also apply to at least the LED devices found in VIZIO Model D28hn-D1.
`
`VIZIO Ex. 1028 Page 00009
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Claim 1
`
`1.0
`
`
`
`
`
`
`
`A light emitting device comprising:
`
`
`
`
`
`
`
`
`
`The Accused Products include light emitting devices (the “Infringing LEDs”), as
`illustrated below.
`
`
`
`
`
`
`
`
`
`
`
`2
`
`VIZIO Ex. 1028 Page 00010
`
`
`
`1.1
`
`a resin package comprising a resin
`part and a metal part including at
`least two metal plates, said resin
`package having four outer lateral
`surfaces and having a concave
`portion having a bottom surface; and
`
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`A resin package
`
`A resin part
`
`
`
`A metal part including at least two metal plates
`
`
`
`The Infringing LEDs include a resin package. This resin package includes a resin part
`and a metal part including at least two metal plates, as shown above.
`
`
`
`
`
`
`
`3
`
`VIZIO Ex. 1028 Page 00011
`
`
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Four outer lateral
`surfaces
`
`
`
`
`
`
`
`
`
`
`This resin package of the Infringing LEDs has four outer lateral surfaces and a concave
`portion, as shown above.
`
`4
`
`VIZIO Ex. 1028 Page 00012
`
`
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`A concave portion
`
`A bottom surface
`
`
`
`
`As shown above, the concave portion has a bottom surface.
`See also:
`
`
`A concave portion
`
`A bottom surface
`
`
`
`
`
`5
`
`VIZIO Ex. 1028 Page 00013
`
`
`
`1.2
`
`a light emitting element mounted on
`the bottom surface of the concave
`portion and electrically connected to
`the metal part,
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`A light emitting element
`
`Electrically connected
`
` Metal part
`
`Concave portion
`
`
`
`
`
`The Infringing LEDs include a light emitting element mounted on the bottom surface
`of the concave portion and electrically connected to the metal part, as shown above.
`
`
`
`6
`
`VIZIO Ex. 1028 Page 00014
`
`
`
`1.3 wherein at least a portion of an outer
`lateral surface of the resin part and at
`least a portion of an outer lateral
`surface of the metal part are coplanar
`at an outer lateral surface of the resin
`package,
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Resin package
`
`A portion of an outer lateral surface of
`the resin part
`A portion of an outer lateral surface of
`the metal part
`
`At an outer lateral surface of the resin package of the Infringing LEDs, a portion of an
`outer lateral surface of the resin part and a portion of an outer lateral surface of the
`metal part are coplanar, as shown above.
`See also:
`
`7
`
`VIZIO Ex. 1028 Page 00015
`
`
`
`1.4 wherein both a part of the metal part
`and a part of the resin part are
`disposed in a region below an upper
`surface of the metal part, on four
`outer lateral surfaces of the resin
`package, and
`
`As shown below, both a part of the metal part and a part of the resin part are disposed
`in a region below an upper surface of the metal part, on four outer lateral surfaces of
`the resin package.
`
`An upper
`surface of the
`metal part
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`A part of the metal
`part disposed in a
`
`region below the
`A part of the resin part disposed in a region
`
`upper surface of the
`below the upper surface of the metal part
`metal part
`
`See also:
`
`
`
`
`I
`
`•
`
`
`
`
`
`[outer lateral surfaces of the resin package]
`
`
`
`See also:
`
`
`
`
`8
`
`
`
`VIZIO Ex. 1028 Page 00016
`
`
`
`1.5 wherein a notch is formed in the
`metal part at each of the four outer
`lateral surface of the resin package.
`
`
`
`A metal part
`
`A notch
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`A notch
`
`A notch
`
`A notch
`
`
`A notch is formed in the metal part at each of the four outer lateral surfaces of the resin
`package of the Infringing LEDs, as shown above.
`
`See also:
`
`
`Four outer lateral surfaces of
`the resin package
`
`
`
`--,
`
`
`
`.-,
`
`
`
`
`[notches and metal part at outer surface]
`
`I
`
`
`
`
`
`
`9
`
`VIZIO Ex. 1028 Page 00017
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Claim 2
`
`2.0 The light emitting device according
`to claim 1, wherein a portion of the
`resin part above the upper surface of
`the metal part is formed integrally
`with a portion of the resin part below
`the upper surface of the metal part.
`
`
`
`A portion of the resin part
`above the upper surface of
`the metal part
`
`Upper surface of the
`metal part
`
`A portion of the resin part
`below the upper surface of
`the metal part
`
`
`
`
`In the Infringing LEDs, a portion of the resin part above the upper surface of the metal
`part is formed integrally with a portion of the resin part below the upper surface of the
`metal part, as shown above.
`
`
`
`
`
`
`10
`
`VIZIO Ex. 1028 Page 00018
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Claim 3
`
`3.0 A light emitting device according to
`claim 1, wherein the each of the at
`least two metal plates is substantially
`flat.
`
`
`Substantially flat
`
`
`
`Two metal plates
`
`
`
`In the Infringing LEDs, each of the at least two metal plates is substantially flat, as
`shown above.
`
`
`
`
`
`
`
`
`
`11
`
`VIZIO Ex. 1028 Page 00019
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Claim 5
`
`5.0 The light emitting device according
`to claim 1, wherein all upper edges of
`the metal part are coplanar.
`
`
`
`All upper edges of the metal part
`
`
`
`For the Infringing LEDs, all upper edges of the metal part are coplanar.
`
`See also:
`
`
`
`
`
`
`
`12
`
`VIZIO Ex. 1028 Page 00020
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Claim 6
`
`6.0 The light emitting device according
`to claim 1, wherein a lower surface of
`the metal part is exposed from the
`resin part in a region directly under
`the light emitting element.
`
`
`
`A lower surfaces of the
`metal part is exposed
`
`Resin part
`
`
`
`Light emitting element
`
`
`
`
`In the Infringing LEDs, a lower surface of the metal part is exposed from the resin part
`in a region directly under the light emitting element, as shown above.
`
`
`
`The metal part exposed in a
`region directly under the light
`emitting element
`
`13
`
`VIZIO Ex. 1028 Page 00021
`
`
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 7
`
`7.0 The light emitting device according
`to claim 1, wherein the resin part is
`made using a thermosetting resin.
`
`In the Infringing LEDs, the resin part is made using a thermosetting resin.
`See claim 1 (“resin part”)
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 8
`
`8.0 The light emitting device according
`to claim 1, wherein the metal part has
`a step portion, a concave portion,
`and/or a convex portion.
`
`
`
`
`In the Infringing LEDs, the metal part has at least a concave portion and/or a convex
`portion, as shown above.
`
`
`
`14
`
`VIZIO Ex. 1028 Page 00022
`
`
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 10
`
`10.0 The light emitting device according
`to claim 1, wherein the light emitting
`device further comprises a sealing
`member that contains two or more
`kinds of phosphors.
`
`The Infringing LEDs further comprise a sealing member, as shown below:
`
`
`
`A sealing member
`
`
`
`
`The sealing member contains two or more kinds of phosphors.
`See e.g.:
`
`
`
`
`
`
`
`
`
`
`15
`
`VIZIO Ex. 1028 Page 00023
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Claim 13
`
`13.0 The light emitting device according
`to claim 1, wherein the metal part
`comprises surfaces at two or more
`different levels.
`
`Different levels
`
`
`
`Different levels
`
`
`For the Infringing LEDs, the metal part comprises at two or more different levels, as
`shown above.
`
`
`16
`
`VIZIO Ex. 1028 Page 00024
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Claim 15
`
`15.0 The light emitting device according
`to claim 1, wherein at least a portion
`of the light emitting element is
`exposed from the resin part.
`
`Light emitting element
`
`Resin part
`
`
`
`
`In the Infringing LEDs, at least a portion of the light emitting element is exposed from
`the resin part, as shown above.
`
`
`
`
`
`
`
`
`17
`
`VIZIO Ex. 1028 Page 00025
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Claim 16
`
`16.0 The light emitting device according
`to claim 1, wherein the metal part
`includes a base portion and a metal
`layer disposed on each of an upper
`surface and lower surface of the base
`portion, the metal layers being made
`of a material that is different from
`that of the base portion.
`
`See claim 1 (“metal part”)
`In the Infringing LEDs, the metal part includes a metal layer disposed on each of an
`upper surface and lower surface of the base portion, as shown below. For instance, the
`Infringing LEDs include a plating layer on the metal parts, where the plating metal
`(e.g., silver) is a different material than the base metal (e.g., copper).
`
`See also:
`
`A base portion
`
`
`
`A metal layer
`
`
`
`18
`
`VIZIO Ex. 1028 Page 00026
`
`
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 17
`
`17.0 The light emitting device according
`to claim 16, wherein the metal layer
`is disposed at all surfaces of the
`metal part except a portion of an
`outer lateral surface of the metal part.
`
`See claim 16 (“metal layer”)
`
`
`Metal layer
`
`
`In the Infringing LED’s, the metal layer is disposed at all surfaces of the metal part
`except a portion of an outer lateral surface of the metal part, as shown above.
`See also:
`
`
`
`19
`
`VIZIO Ex. 1028 Page 00027
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`Claim 18
`
`18.0 The light emitting device according
`to claim 16, wherein: the resin part is
`disposed over a first portion of the
`metal layer at the upper surface of the
`metal part, and a second portion of
`the metal layer at the upper surface of
`the metal part is exposed from the
`resin part.
`
`
`
`
`
`The resin part is disposed over a first portion of the
`metal layer at the upper surface of the metal part
`
`
`
`A second portion of the metal layer at the upper
`surface of the metal part is exposed from the resin
`part
`
`
`
`
`
`See claim 16 (“metal layer”)
`In the Infringing LEDS, the resin part is disposed over a first portion of the metal layer
`at the upper surface of the metal part, and a second portion of the metal layer at the
`upper surface of the metal part is exposed from the resin part, as shown above.
`
`
`
`20
`
`VIZIO Ex. 1028 Page 00028
`
`
`
`Exhibit 1-A
`VIZIO Model D28h-C1
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 19
`
`19.0 The light emitting device according
`to claim 1, wherein the resin part
`contains a light reflecting material.
`
`In the Infringing LEDs, the resin part contains a light reflecting material.
`See claim 1 (“resin part”)
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 20
`
`20.0 The light emitting device according
`to claim 19, wherein the light
`reflecting material is titanium
`dioxide.
`
`
`
`In the Infringing LEDs, the resin part contains a light reflecting material that is titanium
`dioxide.
`See also claim 19.
`
`21
`
`VIZIO Ex. 1028 Page 00029
`
`
`
`
`
`Exhibit 1-B
`
`Infringement of U.S. Patent No. 9,490,411 by VIZIO Model D39hn-E0 LED
`TV and VIZIO Models Containing Similar LED Devices
`This portion of Plaintiff’s infringement contentions uses the VIZIO Model D39hn-E0 LED TV as an exemplar. These contentions
`apply to all VIZIO products containing the same or similar LED devices as those found in Model D39hn-E0.
`
`
`
`
`
`
`
`VIZIO Ex. 1028 Page 00030
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Claim 1
`
`1.0
`
`
`
`
`
`
`
`A light emitting device comprising:
`
`
`
`
`
`
`
`
`
`The Accused Products include light emitting devices (the “Infringing LEDs”), as
`illustrated below.
`
`
`
`----
`
`•
`
`
`
`,_
`
`
`
`
`
`
`
`
`
`2
`
`VIZIO Ex. 1028 Page 00031
`
`
`
`1.1
`
`a resin package comprising a resin
`part and a metal part including at
`least two metal plates, said resin
`package having four outer lateral
`surfaces and having a concave
`portion having a bottom surface; and
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`A resin package
`
`A resin part
`
`
`
`A metal part including at least two metal plates
`
`
`
`The Infringing LEDs include a resin package. This resin package includes a resin part
`and a metal part including at least two metal plates, as shown above.
`
`
`
`
`
`
`
`
`
`
`
`3
`
`VIZIO Ex. 1028 Page 00032
`
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Four outer lateral
`surfaces
`
`
`
`
`
`
`
`
`
`
`This resin package of the Infringing LEDs has four outer lateral surfaces and a concave
`portion, as shown above.
`
`
`
`
`
`4
`
`VIZIO Ex. 1028 Page 00033
`
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`A concave portion
`
`A bottom surface
`
`
`
`
`As shown above, the concave portion has a bottom surface.
`See also:
`
`
`A concave portion
`
`
`
`A bottom surface
`
`
`
`
`
`
`
`
`
`5
`
`VIZIO Ex. 1028 Page 00034
`
`
`
`1.2
`
`a light emitting element mounted on
`the bottom surface of the concave
`portion and electrically connected to
`the metal part,
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`A light emitting element(s)
`
`Electrically connected
`
` Metal part
`
`Concave portion
`
`
`
`
`
`The Infringing LEDs include a light emitting element mounted on the bottom surface
`of the concave portion and electrically connected to the metal part, as shown above.
`
`
`
`
`
`
`
`6
`
`VIZIO Ex. 1028 Page 00035
`
`
`
`1.3 wherein at least a portion of an outer
`lateral surface of the resin part and at
`least a portion of an outer lateral
`surface of the metal part are coplanar
`at an outer lateral surface of the resin
`package,
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Resin package
`
`A portion of an outer lateral surface of
`the resin part
`A portion of an outer lateral surface of
`the metal part
`
`
`
`
`At an outer lateral surface of the resin package of the Infringing LEDs, a portion of an
`outer lateral surface of the resin part and a portion of an outer lateral surface of the
`metal part are coplanar, as shown above.
`See also:
`
`
`
`
`
`
`
`
`7
`
`
`
`VIZIO Ex. 1028 Page 00036
`
`
`
`1.4 wherein both a part of the metal part
`and a part of the resin part are
`disposed in a region below an upper
`surface of the metal part, on four
`outer lateral surfaces of the resin
`package, and
`
`As shown below, both a part of the metal part and a part of the resin part are disposed
`in a region below an upper surface of the metal part, on four outer lateral surfaces of
`the resin package.
`An upper
`surface of the
`metal part
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`A part of the resin part disposed in a region
`below the upper surface of the metal part
`
`A part of the metal
`part disposed in a
`
`region below the
`
`upper surface of the
`metal part
`
`See also:
`
`
`
`
`..
`
`..
`
`
`
`See also:
`
`
`
`
`
`
`8
`
`
`
`..
`
`
`[outer lateral surfaces of the resin package]
`
`i •
`
`i
`
`
`
`
`
`VIZIO Ex. 1028 Page 00037
`
`
`
`1.5 wherein a notch is formed in the
`metal part at each of the four outer
`lateral surface of the resin package.
`
`
`
`A metal part
`
`A notch
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`A notch
`
`A notch
`
`A notch
`
`
`A notch is formed in the metal part at each of the four outer lateral surfaces of the resin
`package of the Infringing LEDs, as shown above.
`
`See also:
`
`
`Four outer lateral surfaces of
`the resin package
`
`
`
`
`
`
`
`
`
`
`[notches and metal part at outer surface]
`
`
`
`
`
`
`9
`
`
`
`VIZIO Ex. 1028 Page 00038
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Claim 2
`
`2.0 The light emitting device according
`to claim 1, wherein a portion of the
`resin part above the upper surface of
`the metal part is formed integrally
`with a portion of the resin part below
`the upper surface of the metal part.
`
`
`
`A portion of the resin part
`above the upper surface of
`the metal part
`
`Upper surface of the
`metal part
`
`A portion of the resin part
`below the upper surface of
`the metal part
`
`
`
`
`In the Infringing LEDs, a portion of the resin part above the upper surface of the metal
`part is formed integrally with a portion of the resin part below the upper surface of the
`metal part, as shown above.
`
`
`
`
`
`
`
`
`
`
`10
`
`VIZIO Ex. 1028 Page 00039
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Claim 5
`
`5.0 The light emitting device according
`to claim 1, wherein all upper edges of
`the metal part are coplanar.
`
`
`
`All upper edges of the metal part
`
`
`
`For the Infringing LEDs, all upper edges of the metal part are coplanar.
`
`See also:
`
`
`
`
`
`
`
`11
`
`
`
`VIZIO Ex. 1028 Page 00040
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Claim 6
`
`6.0 The light emitting device according
`to claim 1, wherein a lower surface of
`the metal part is exposed from the
`resin part in a region directly under
`the light emitting element.
`
`A lower surfaces of the
`metal part is exposed
`
`Resin part
`
`
`
`Light emitting element(s)
`
`
`The metal part exposed in a
`region directly under the light
`emitting element
`
`
`In the Infringing LEDs, a lower surface of the metal part is exposed from the resin part
`in a region directly under the light emitting element, as shown above.
`
`
`
`
`
`
`
`
`
`
`12
`
`VIZIO Ex. 1028 Page 00041
`
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 7
`
`7.0 The light emitting device according
`to claim 1, wherein the resin part is
`made using a thermosetting resin.
`
`In the Infringing LEDs, the resin part is made using a thermosetting resin.
`See claim 1 (“resin part”)
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 8
`
`8.0 The light emitting device according
`to claim 1, wherein the metal part has
`a step portion, a concave portion,
`and/or a convex portion.
`
`
`
`
`
`
`
`
`
`13
`
`VIZIO Ex. 1028 Page 00042
`
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Concave portion of the metal part
`
`
`
`
`
`Concave portion of the metal part
`
`
`In the Infringing LEDs, the metal part has at least a concave portion and/or a convex
`portion, as shown above.
`
`
`
`
`
`
`
`
`
`14
`
`VIZIO Ex. 1028 Page 00043
`
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 10
`
`10.0 The light emitting device according
`to claim 1, wherein the light emitting
`device further comprises a sealing
`member that contains two or more
`kinds of phosphors.
`
`The Infringing LEDs further comprise a sealing member, as shown below:
`
`
`A sealing member
`
`
`The sealing member contains two or more kinds of phosphors.
`See, e.g.:
`
`
`
`
`
`
`
`
`15
`
`
`
`VIZIO Ex. 1028 Page 00044
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Claim 13
`
`13.0 The light emitting device according
`to claim 1, wherein the metal part
`comprises surfaces at two or more
`different levels.
`
`Different levels
`
`
`
`Different levels
`
`
`
`
`For the Infringing LEDs, the metal part comprises at two or more different levels, as
`shown above.
`
`
`
`
`
`
`
`
`
`
`16
`
`VIZIO Ex. 1028 Page 00045
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Claim 15
`
`15.0 The light emitting device according
`to claim 1, wherein at least a portion
`of the light emitting element is
`exposed from the resin part.
`
`Light emitting element(s)
`
`Resin part
`
`
`
`
`In the Infringing LEDs, at least a portion of the light emitting element is exposed from
`the resin part, as shown above.
`
`
`
`
`
`
`
`
`
`
`
`
`17
`
`VIZIO Ex. 1028 Page 00046
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Claim 16
`
`16.0 The light emitting device according
`to claim 1, wherein the metal part
`includes a base portion and a metal
`layer disposed on each of an upper
`surface and lower surface of the base
`portion, the metal layers being made
`of a material that is different from
`that of the base portion.
`
`See claim 1 (“metal part”)
`In the Infringing LEDs, the metal part includes a metal layer disposed on each of an
`upper surface and lower surface of the base portion, as shown below. For instance, the
`Infringing LEDs include a plating layer on the metal parts, where the plating metal
`(e.g., silver) is a different material than the base metal (e.g., copper).
`
`A base portion
`
`See also:
`
`
`A metal layer
`
`
`
`
`
`18
`
`
`
`
`
`VIZIO Ex. 1028 Page 00047
`
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 17
`
`17.0 The light emitting device according
`to claim 16, wherein the metal layer
`is disposed at all surfaces of the
`metal part except a portion of an
`outer lateral surface of the metal part.
`
`See claim 16 (“metal layer”)
`
`
`Metal layer
`
`
`In the Infringing LED’s, the metal layer is disposed at all surfaces of the metal part
`except a portion of an outer lateral surface of the metal part, as shown above.
`See also:
`
`
`
`
`
`19
`
`
`
`
`
`VIZIO Ex. 1028 Page 00048
`
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`20
`
`VIZIO Ex. 1028 Page 00049
`
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`Claim 18
`
`18.0 The light emitting device according
`to claim 16, wherein: the resin part is
`disposed over a first portion of the
`metal layer at the upper surface of the
`metal part, and a second portion of
`the metal layer at the upper surface of
`the metal part is exposed from the
`resin part.
`
`
`
`
`
`The resin part is disposed over a first portion of the
`metal layer at the upper surface of the metal part
`
`
`
`A second portion of the metal layer at the upper
`surface of the metal part is exposed from the resin
`part
`
`
`
`
`
`See claim 16 (“metal layer”)
`In the Infringing LEDS, the resin part is disposed over a first portion of the metal layer
`at the upper surface of the metal part, and a second portion of the metal layer at the
`upper surface of the metal part is exposed from the resin part, as shown above.
`
`
`
`
`
`
`
`21
`
`VIZIO Ex. 1028 Page 00050
`
`
`
`Exhibit 1-B
`VIZIO Model D39hn-E0
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 19
`
`19.0 The light emitting device according
`to claim 1, wherein the resin part
`contains a light reflecting material.
`
`In the Infringing LEDs, the resin part contains a light reflecting material.
`See claim 1 (“resin part”)
`
`
`’411 Claim Element
`
`Elements in Accused Instrumentality
`
`Claim 20
`
`20.0 The light emitting device according
`to claim 19, wherein the light
`reflecting material is titanium
`dioxide.
`
`In the Infringing LEDs, the resin part contains a light reflecting material that is titanium
`dioxide.
`See also claim 19.
`
`
`
`
`
`
`
`
`
`22
`
`VIZIO Ex. 1028 Page 00051
`
`
`
`
`EXHIBIT 2
`
`
`
`EXHIBIT 2
`
`VIZIO Ex. 1028 Page 00052
`
`VIZIO Ex. 1028 Page 00052
`
`
`
`Exhibit 2-A
`
`Infringement of U.S. Patent No. 9,537,071 by VIZIO Model D28h-C1 LED
`TV and VIZIO Models Containing Similar LED Devices
`This portion of Plaintiff’s infringement contentions uses the VIZIO Model D28h-C1 LED TV as an exemplar.
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
