Case 6:17-cv-00826-GAP-GJK Document 1 Filed 05/09/17 Page 1 of 10 PageID 1
`Case 6:17-Cv-00826-GAP-GJK Document 1 Filed 05/09/17 Page 1 of 10 PagelD 1
`FILED
`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`
`ORLANDO DIVISION
`.
`211mm -9 AH”. 13
`WT?
`
`i a; -1
`Case No.: (0'
`JURYDEMANDED
`
`821%
`@‘i:
`
`_
`
`LIGHTING SCIENCE GROUP
`CORPORATION,
`
`Plaintiff,
`
`v.
`
`LEEDARSON LIGHTING CO. LTD.,
`and
`
`LEEDARSON AMERICA, INC,
`
`Defendants .
`
`/
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Lighting Science Group Corporation, through its attorneys, alleges the following:
`
`PARTIES
`
`1.
`
`Plaintiff Lighting Science Group Corporation (“LSG” and/or “Plaintiff’) is a
`
`corporation organized and existing under the laws of the state of Delaware with its principal place
`
`of business located at 811 N. Atlantic Avenue, Cocoa Beach, Florida 32931.
`
`2.
`
`Upon information and belief, Defendant Leedarson Lighting Co., Ltd. (“Leedarson
`
`China”) is a Chinese corporation having its principal place of business in Ziamen, People’s
`
`Republic of China. According to its website, Defendant Leedarson China has an “Established
`
`US/EU Office.” See http://Www.leedarson.corr1/index.php/About/index/id/ 14.
`
`3.
`
`Upon information and belief, Leedarson America,
`
`Inc.
`
`(“Leedarson USA)
`
`(collectively with “Leedarson China”, “Defendants”) is a company organized and existing under
`
`the laws of the state of Georgia with its principal place ofbusiness located at 4600 Highlands Pkwy
`
`SE, Suite D-E, Smyrna, GA 30082, and does business throughout the United States, including
`
`Florida and whose registered agent is William Phillips Jr., 4600 Highlands Pkwy SE, Suite D-E,
`
`Cobb, Smyrna, GA, 30082.
`
`
`
`

`

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`JURISDICTION AND VENUE
`
`4.
`
`This is a claim for patent infringement and arises under the patent laws ofthe United
`
`States, Title 35 of the United States Code. This Court has jurisdiction over the subject matter of
`
`this claim under 28 U.S.C. §§ 1331 and 133 8(a).
`
`5.
`This Court has personal jurisdiction over Defendants because Defendants are
`transacting business within this District and have committed acts and, on information and belief,
`
`will continue to commit acts within this District giving rise to this action, including offering to sell
`
`and selling infringing products and/or placing infringing products, directly or
`
`through
`
`intermediaries (including distributors, retailers, and others), into the stream of commerce in such
`
`a way as to reach customers in this District. Defendants have purposefully and voluntarily sold
`
`one or more of their infringing products with the expectation that they will be purchased by
`consumers in this District. These infringing products have been and continue to be purchased by
`
`consumers in this District. Defendants have committed acts of patent infringement within the
`
`United States and more particularly, within this District.
`
`6.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and 1400(b).
`
`EASE
`
`7.
`
`Plaintiff is a world leader in the invention, development, and sale of LED lighting
`
`solutions. Plaintiff’s lighting scientists have earned more than 375 patents for their innovations in
`
`the LED field.
`
`8.
`
`Among Plaintiff‘ s diverse product array of LED lighting solutions is a line ofhighly
`
`efficient lighting devices that can be retrofitted into existing lighting units, offered to the public
`
`under the brand GLIMPSE®.
`
`9.
`
`Plaintiff” s GLIMPSE® lighting family ofproducts have enjoyed significant success
`
`in the market.
`
`10.
`
`The function of the GLIMPSE® lighting family of products are protected by
`
`Page 2 of 10
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`

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`patents, including the asserted patents.
`
`11.
`
`Upon information and belief, Defendants have infiinged and will continue to
`
`infiinge at least one claim of each of the asserted patents by making, using, selling or offering to
`
`sell in, or importing into the United States, downlight luminaires, including, but not limited to, the
`
`DL-Nl 9A9ER1-27 and DL-N19Al lFRl-27 family of products (the “Accused Family of
`
`Products”).
`
`12.
`
`Specifically, upon information and belief, Defendants received the Accused Family
`
`of Products in the United States and thereafter distributed and/or sold the Accused Family of
`
`Products to its customers in the United States.
`
`13.
`
`Upon information and belief, as a result ofthe foregoing distribution ofthe Accused
`
`Family of Products by Defendants, the Accused Family of Products are offered for sale throughout
`
`the United States online, on both Defendants’ website and by Defendants at retail locations
`
`throughout the United States including, at least, The Home Depot, located in Orlando, Florida.
`
`14.
`
`Upon information and belief, Defendants’ conduct constitutes direct infringement
`
`of the asserted patents, whether such infringement is literal or under the doctrine of equivalents.
`
`15.
`
`Upon information and belief, Defendants are continuing to engage in their
`
`infringing activities. The Accused Famin of Products remain for sale on, at least, The Home Depot
`
`website, for example, at the following links:
`
`0
`
`o
`
`hgtp://www.homedepot.com/p/Commercial-Electric-4-in—White-Recessed-LED-
`Can-Disk-Light-l-Pack-DL—N19A9ER1-27/300049157
`‘
`
`hgpM/wwwhomedepot.com/p/Commercial-Electric-S-in-and-6-in-White-
`Recessed-LED-Disk—Light-1-Pack-DL—N1 9A1 1FR1-27/300049132
`
`Attached hereto as Composite Exhibit A.
`
`16.
`
`17.
`
`The Accused Family of Products have no substantially non-infringing use.
`
`Plaintiff has not licensed or authorized any of the actions of Defendants, either
`
`expressly or by implication. Defendants have no license to practice any of the asserted patents.
`
`Page 3 oflO
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`

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`18.
`
`Plaintiff has been injured by the infringing conduct of Defendants, and is entitled
`
`to damages adequate to compensate it for such infringement.
`
`19.
`
`Defendants’ infringing conduct has caused and continues to cause irreparable injury
`
`to Plaintiff, for which remedies at law are inadequate to compensate Plaintiff. The award of a
`
`permanent injunction against further manufacture, use, sale, importation, and/or offer for sale of
`
`Accused Family of Products that infringe any of the asserted patents is warranted.
`
`COUNT I
`
`(Infringement of US. Patent No. 8,201,968)
`
`20.
`
`Plaintiff repeats and re-alleges Paragraphs 1-19 as though fully set forth herein.
`
`21.
`
`Plaintiff is the owner by assignment of United States Patent No. 8,201,968, entitled
`
`“Low Profile Light,” which was duly and legally issued by the United States Patent and Trademark
`
`Office (“USPTO”) on June 19, 2012 (the “‘968 patent”). A true and correct copy of the ‘968 patent
`
`is attached hereto as Exhibit B.
`
`22.
`
`The ‘968 patent is valid and enforceable and Plaintiff has the full right to recover
`
`for past infringement damages and the right to recover future royalties, damages and income.
`
`23.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
`
`all predecessors in interest and/or implied or express licensees of the ‘968 patent, if any, have
`
`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘968 patent
`
`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
`
`or more claims of that patent and/or providing actual or constructive notice to Defendants.
`
`24.
`
`Upon information and belief, Defendants have infringed and continue to infringe at
`
`least claim 1 of the ‘968 patent by, among other activities, making, using, selling or offering to
`
`sell in or importing into the United States their DL—N19A9ERl-27 and DL—N19Al 1FR1-27
`
`products, as detailed in the attached preliminary and exemplary infiingement chart, attached hereto
`
`as Exhibit C. This chart is not intended to limit Plaintiff’s right to modify this chart or any other
`
`claim chart or allege that other activities of Defendants infringe the identified claims of the ‘968
`
`Page 4 of 10
`
`
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`

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`Patent or any other patents. Exhibit C is hereby incorporated by reference in its entirety. Each
`
`claim element in Exhibit C that is mapped to the accused product shall be considered an allegation
`
`within the meaning of the Federal Rules of Civil Procedure and therefore a response to each
`
`allegation is required.
`
`25.
`
`Defendants are liable for direct infringement, either literally or under the doctrine
`
`of equivalents pursuant to 35 U.S.C. § 271 (a).
`
`26.
`
`Plaintiff has at no time either expressly or impliedly licensed Defendant to practice
`
`the ‘968 Patent.
`
`27.
`
`Defendants’ infringement has injured Plaintiff, and Plaintiff is entitled to recover
`
`damages adequate to compensate it for such infringement.
`
`28.
`
`Defendants’ infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
`
`within the scope of the claims of the ‘968 patent.
`
`w
`(Infringement of U.S. Patent No. 8,672,518)
`
`29.
`30.
`
`Plaintiff repeats and re-alleges Paragraphs 1-19 as though fully set forth herein.
`Plaintiff is the owner by assignment ofUnited States Patent No. 8,672,518‘ entitled
`
`“Low Profile Light And Accessory Kit For The Same,” which was duly and legally issued by the
`
`USPTO on March 18, 2014 (the “‘5 18 patent”). A true and correct copy of the ‘5 18 patent is
`
`attached hereto as Exhibit D.
`
`The ‘518 patent is valid and enforceable and Plaintiff has the full right tol recover
`31.
`for past infi'ingement damages and the right to recover future royalties, damages and income.
`
`32.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
`
`all predecessors in interest and/or implied or express licensees of the ‘518 patent, if any, have
`
`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘518 patent
`
`Page 5 of 10
`
`

`

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`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
`
`or more claims of that patent and/or providing actual or constructive notice to Defendants.
`
`33.
`
`Upon information and belief, Defendants have infringed and will continue to
`
`infringe at least claim 1 of the ‘518 patent by, among other activities, making, using, selling or
`
`offering to sell
`
`in or importing into the United States their DL—N19A9ER1-27 and DL—
`
`N19A11FR1~27 products, as detailed in the attached preliminary and exemplary infringement
`
`chart, Exhibit E. This chart is not intended to limit Plaintiff‘s right to modify this chart or any other
`
`claim chart or allege that other activities of Defendants infringe the identified claims of the ‘5 18
`
`Patent or any other patents. Exhibit E is hereby incorporated by reference in its entirety. Each
`
`claim element in Exhibit E that is mapped to the accused product shall be considered an allegation
`
`within the meaning of the Federal Rules of Civil Procedure and therefore a response to each
`
`allegation is required.
`
`34.
`
`Defendants are liable for direct infringement, either literally or under the doctrine
`
`of equivalents, pursuant to 35 U.S.C. § 271 (a).
`
`35.
`
`Plaintiff has at no time either expressly or impliedly licensed Defendants to practice
`
`the ‘5 1 8 patent.
`
`36.
`
`Defendants’ infringement has injured Plaintiff, and Plaintiff is entitled to recover
`
`damages adequate to compensate it for such infi’ingement.
`
`37.
`
`Defendants’ infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
`
`enjoining fiarther manufacture, use, sale, importation, and/or offer for sale of products that come
`
`within the scope of the claims of the ‘518 patent.
`
`COUNT III
`
`(Infringement of US. Patent No. 8,967,844)
`
`38.
`
`Plaintiff repeats and re—alleges Paragraphs 1-19 as though fully set forth herein.
`
`39.
`
`Plaintiff is the owner by assignment of United States Patent No. 8,967,844 entitled
`
`Page 6 of 10
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`

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`“Low Profile Light And Accessory Kit For The Same,” which was duly and legally issued by the
`
`USPTO on March 3, 2015 (the “‘844 patent”). A true and correct copy ofthe ‘ 844 patent is attached
`
`hereto as Exhibit F.
`
`40.
`
`The ‘844 patent is valid and enforceable and Plaintiff has the full right toi recover
`
`for past infringement damages and the right to recover future royalties, damages and income.
`
`41.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
`
`all predecessors in interest and/or implied or express licensees of the ‘844 patent, if any, have
`
`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘844 patent
`
`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
`
`or more claims of that patent and/or providing actual or constructive notice to Defendants.
`
`42.
`
`Upon information and belief, Defendants have infringed and continues to infringe
`
`at least claims 1 and 24 of the ‘844 patent by, among other activities, making, using, selling or
`
`offering to sell
`
`in or importing into the United States their DL—Nl9A9ER1-27 and DL—
`
`N19A11FR1-27 products, as detailed in the attached preliminary and exemplary infringement
`
`chart, Exhibit G. This chart is not intended to limit Plaintiff’s right to modify this chart or any
`
`other claim chart or allege that other activities of Defendants infringe the identified claims of the
`
`‘ 844 Patent or any other patents. Exhibit G is hereby incorporated by reference in its entirety. Each
`
`claim element in Exhibit G that is mapped to the accused product shall be considered an allegation
`
`within the meaning of the Federal Rules of Civil Procedure and therefore a response to each
`
`allegation is required.
`
`43.
`
`Defendants are liable for direct infringement, either literally or under the doctrine
`
`of equivalents, pursuant to 35 U.S.C. § 271 (a).
`
`44.
`
`Plaintiffhas at no time either expressly or impliedly licensed Defendants to practice
`
`the ‘844 patent.
`
`45.
`
`Defendants’ infringement has injured Plaintiff, and Plaintiff is entitled to recover
`
`Page 7 ofIO
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`

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`damages adequate to compensate it for such infringement.
`
`46.
`
`Defendants’ infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting fiirther infringement and, specifically,
`
`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
`
`within the scope of the claims of the ‘844 patent.
`
`w
`(Infringement of US. Patent No. 9,581,756)
`
`47.
`
`Plaintiff repeats and re-alleges Paragraphs 1-19 as though fully set forth herein.
`
`48.
`
`Plaintiff is the owner by assignment of United States Patent No. 9,581,756 entitled
`
`“Light Guide for Low Profile Luminaire,” which was duly and legally issued by the USPTO on
`
`February 28, 2017 (the “‘756 patent”). A true and correct copy ofthe ‘756 patent is attached hereto
`
`as Exhibit H.
`
`49.
`
`The ‘756 patent is valid and enforceable and Plaintiff has the full right to recover
`
`for past infringement damages and the right to recover future royalties, damages and income.
`
`50.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
`
`all predecessors in interest and/or implied or express licensees of the ‘756 patent, if any, have
`
`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘756 patent
`
`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
`
`or more claims of that patent and/or providing actual or constructive notice to Defendants.
`
`51.
`
`Upon information and belief, Defendants have infringed and continues to infringe
`
`at least claim 22 of the ‘756 patent by, among other activities, making, using, selling or offering
`
`to sell in or importing into the United States their DL-N19A9ERl-27 and DL-Nl9AllFRl-27
`
`products, as detailed in the attached preliminary and exemplary infringement chart, Exhibit 1. This
`
`chart is not intended to limit Plaintiff s right to modify this chart or any other claim chart or allege
`
`that other activities of Defendants infringe the identified claims of the ‘756 Patent or any other
`
`patents. Exhibit I is hereby incorporated by reference in its entirety. Each claim element in Exhibit
`
`Page 8 of 10
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`I that is mapped to the accused product shall be considered an allegation within the meaning of the
`
`Federal Rules of Civil Procedure and therefore a response to each allegation is required.
`
`52.
`
`Defendants are liable for direct infringement, either literally or under the doctrine
`
`of equivalents, pursuant to 35 U.S.C. § 271 (a).
`
`53.
`
`Plaintiff has at no time either expressly or impliedly licensed Defendants to practice
`
`the ‘756 patent.
`
`54.
`
`Defendants’ infringement has injured Plaintiff, and Plaintiff is entitled to recover
`
`damages adequate to compensate it for such infringement.
`
`55.
`
`Defendants’ infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting firrther infringement and, specifically,
`
`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
`
`within the scope of the claims of the ‘756 patent.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiffrespectfully asks this Court to enter judgment against Defendants
`
`and against its respective subsidiaries, successors, parents, affiliates, officers, directors, agents,
`
`servants, and employees, and all persons in privity or active concert or participation with
`
`Defendants, granting the following relief:
`
`A.
`
`B.
`
`the entry ofjudgment in favor of Plaintiff and against Defendants;
`
`a preliminary injunction prohibiting further infringement of each of the ‘968 patent,
`
`the ‘518 patent, the ‘844 patent, and the ‘756 patent by Defendants, their agents,
`
`employees, representatives, successors and assigns and those acting in privity or in
`
`concert with them;
`
`C.
`
`a permanent injunction prohibiting fiirther infringement of each of the ‘968 patent,
`
`the ‘518 patent, the ‘844 patent, and the ‘756 patent by Defendants, their agents,
`
`employees, representatives, successors and assigns and those acting in privity or in
`
`Page 9 oflO
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`concert with them;
`
`D.
`
`an award of actual damages against Defendants for damages arising from the
`
`infiingement of each of the ‘968 patent, the ‘518 patent, the ‘844 patent, and the
`
`‘756 patent pursuant to 35 U.S.C. § 284;
`
`E.
`
`an award of damages against Defendants for pre-judgment and post-judgment
`
`interest on the damages awarded, including an award of prejudgment interest,
`
`pursuant to 35 U.S.C. § 284, from the date of each act of infringement of the ‘968
`
`patent, the ‘518 patent, the ‘844 patent, and the ‘756 patent by Defendants to the
`
`day a damages judgment is entered and a further award of post-judgment interest,
`
`pursuant to 28 U.S.C. § 1961, continuing until such judgment is paid, at the
`
`maximum rate allowed by law;
`
`F.
`
`the entry of judgment that this case is exceptional, and award treble damages,
`
`attorney fees, and the costs of this action, pursuant to 35 U.S.C. § 285;
`
`in the event a final injunction is not granted, a compulsory ongoing royalty; and
`
`such other relief to which Plaintiff is entitled under law, and any other and further
`
`relief that this Court or a jury may deem just and proper.
`
`JURY DEMAND
`
`Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all issues so
`
`G.
`
`H.
`
`triable.
`
`/s/Mark F. Warzecha
`Mark F. Warzecha
`Florida Bar No. 95779
`Daniel C. Pierron
`
`Florida Bar No. 98732
`WIDERMAN MALEK PL
`
`1990 W. New Haven Ave., Ste. 201
`
`Melbourne, Florida 32904
`Tel. (321) 255-2332
`Fax (321) 255-2351
`MFW@USLegalTeam.com
`DPierron@USLegalTeam.com
`
`Page 10 of 10
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