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Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 1 of 19 PageID 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`
`LEXINGTON LUMINANCE LLC,
`
`Plaintiff,
`
`v.
`
`GREEN CREATIVE LLC,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`6:22-cv-01608
`Civil Action No.
`
`JURY DEMANDED
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Lexington Luminance LLC (“Lexington” or “Plaintiff”) files this
`
`complaint for patent infringement against Green Creative LLC (“Green Creative”
`
`or “Defendant”) and states as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Lexington Luminance LLC is a limited liability company
`
`organized under the laws of Massachusetts with its principal place of business at
`
`468 Lowell Street, Lexington, Massachusetts 02420.
`
`2.
`
`On information and belief, Defendant is a limited liability company
`
`organized and existing under the laws of California, with a place of business
`
`located at 519 Codisco Way, Sanford, Florida 32771. Defendant may be served via
`
`officer or director at the above address.
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 1
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 2 of 19 PageID 2
`
`3.
`
`On information and belief, Defendant owns the registered trademark
`
`“Green Creative” in the field of use involving LED light bulbs.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement arising under the patent
`
`laws of the United States, Title 35, United States Code. Jurisdiction as to these
`
`claims is conferred on this Court by 35 U.S.C. §§1331 and 1338(a).
`
`5.
`
`Venue is proper in this District under 28 U.S.C. 1400(b) because
`
`Defendant maintains a place of business at 519 Codisco Way, Sanford, Florida
`
`32771 and has committed acts of infringement in this district.
`
`6.
`
`This Court has personal jurisdiction over the Defendant because
`
`Defendant maintains a place of business at 519 Codisco Way, Sanford, Florida
`
`32771 and has committed acts of infringement in this district.
`
`PATENT INFRINGEMENT
`
`7.
`
`Lexington incorporates by reference the paragraphs above as if fully
`
`set forth herein.
`
`8.
`
`On August 30, 2005, United States Patent No. 6,936,851 B2 entitled
`
`“Semiconductor Light-Emitting Device and Method for Manufacturing the
`
`Same” was duly and legally issued after full and fair examination. Lexington is
`
`the owner of all right, title, and interest in and to the patent by assignment, with
`
`full right to bring suit to enforce the patent, including the right to recover for past
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 2
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 3 of 19 PageID 3
`
`infringement damages and the right to recover future royalties, damages, and
`
`income.
`
`9.
`
`On September 30, 2013, an ex parte reexamination no. 90/012,964 was
`
`initiated for United States Patent No. 6,936,851 B2. An ex parte reexamination
`
`certificate was issued on December 5, 2014 for United States Patent No. 6,936,851
`
`C1. The patent, together with the ex parte reexamination certificate, is attached
`
`hereto as Exhibit 1. United States Patent No. 6,936,851 B2 and 6,936,851 C1 are
`
`collectively known as the ’851 Patent.
`
`10.
`
`The ’851 Patent is valid and enforceable.
`
`11.
`
`To the extent any marking or notice was required by 35 U.S.C. § 287,
`
`Plaintiff has complied with the applicable marking and/or notice requirements
`
`of 35 U.S.C. § 287.
`
`Defendant’s Accused Products
`
`12. Upon information and belief, Defendant has infringed and/or
`
`continues to infringe (literally and/or under the doctrine of equivalents) one or
`
`more claims of the ’851 Patent in this judicial district and elsewhere in the United
`
`States, including at least claim 1, by, among other things, making, using, offering
`
`for sale, selling, and/or importing lighting products and other electronic devices
`
`including, without limitation:
`
`(1) Green Creative 34899 PAR30 11W Refine Series Dimmable 2700K
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 3
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 4 of 19 PageID 4
`
`(2) Green Creative 34865 PLL 2G11 16W PL Edge Series 4000K
`
`(3) Green Creative 34890 PAR20 6.5W 520 Lm 2700K Refine Series
`
`(4) Green Creative 36064 B11 5.5W 500 Lm 2700K T20 Filament Bulb
`
`(5) Green Creative 36770 4 Ft T8 Tube 9.5W HE 3000K
`
`(6) Green Creative 57918 PLV G24q 11W PL Edge Series 3000K
`
`(7) Green Creative 57954 T5 Tube HE 3 Ft 12W 1420 Lm 3000K
`
`(8) Green Creative 57955 3 Ft T5 Tube 12W 3500K
`
`(9) Green Creative 57956 3 Ft T5 Tube 12W 4000K
`
`(10) Green Creative 57958 2 Ft T5 Tube 8W 950 Lm 3000K
`
`(11) Green Creative 57959 2 Ft T5 Tube 8W 3500K
`
`(12) Green Creative 57960 2 Ft T5 Tube 8W 4000K
`
`(13) Green Creative 97925 4 Ft T5 Tube 24W 3500K
`
`(14) Green Creative 97926 4 Ft T5 Tube 24W 4000K
`
`(15) Green Creative 97930 4 Ft T5 Tube 15W 3500K
`
`(16) Green Creative 97931 4 Ft T5 Tube 15W 4000K
`
`(17) Green Creative 97934 2 Ft T8 Tube 8.5W 3000K
`
`(18) Green Creative 97935 2 Ft T8 Tube 8.5W 3500K
`
`(19) Green Creative 98245 PLH 14.5W 3500K 1800Lm
`
`(20) Green Creative 98326 2 Ft T8 Tube 9.5W 3500K
`
`(21) Green Creative 98342 3 Ft T8 Tube 12W 4000K
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 4
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 5 of 19 PageID 5
`
`(22) Green Creative 98440 1 in Gimbal Downlight 5W MiniFIT Series
`
`(23) Green Creative 98488 PLL 2G11 14.5W PL Edge Series 3500K
`
`(24) Green Creative 98563 A19 9W 3000K CRI 92 T20
`
`and other similar products, which perform substantially the same function as the
`
`devices embodied in one or more claims of the ’851 Patent in substantially the
`
`same way to achieve the same result.
`
`13.
`
`The devices above are collectively referred to as the “Accused
`
`Products.”1
`
`14. On information and belief, the Accused Products use Light-Emitting
`
`Diodes (“LEDs”) that infringe one or more claims of the ’851 Patent, including, at
`
`least, claim 1, as explained in the following paragraphs.
`
`15.
`
`Photographs of the Green Creative 34899 PAR30 11W Refine Series
`
`Dimmable 2700K appear below:
`
`
`1 The cited products are identified only to satisfy Plaintiff’s pleading requirements. The cited
`products are merely representative. A fulsome description of the Accused Products will be
`provided with Plaintiff’s infringement contentions according to the case schedule or local patent
`rules as applicable.
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 5
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 6 of 19 PageID 6
`
`
`
`
`
`
`
`
`
`16.
`
`The LEDs used in the Accused Products are semiconductor light-
`
`emitting devices. The LEDs in the Accused Products are used to emit light.
`
`17.
`
`Photographs depicting the LEDs found inside of the Green Creative
`
`34899 PAR30 11W Refine Series Dimmable 2700K appear below:
`
`
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 6
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 7 of 19 PageID 7
`
`LED
`
`
`
`18. A photo of the LED chip inside, showing the electrode pattern of the
`
`LED appears below:
`
`
`
`
`
`19. A scanning electron microscope (SEM) image of LED cross-section
`
`for the Accused Products appears below:
`
`
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 7
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 8 of 19 PageID 8
`
`20.
`
`The LEDs used in the Accused Products contain a substrate.
`
`
`
`Substrate
`
`
`
`21.
`
`The LEDs used in the Accused Products contain a textured district
`
`defined on the surface of said substrate comprising a plurality of etched
`
`trenches having a sloped etching profile with a smooth rotation of micro-facets
`
`without a prescribed angle of inclination.
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 8
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 9 of 19 PageID 9
`
`Textured
`District
`
`
`
`
`The plurality of etched trenches has sloped etching profiles with a smooth
`rotation of micro-facets without a prescribed angle of inclination.
`
`
`
`
`
`
`
`
`
`
`
`
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 9
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 10 of 19 PageID 10
`
`
`
`
`
`
`
`
`
`Etched trenches (the areas
`in the surface of the
`substrate from which some
`amount of material has been
`etched away in order to
`create the pattern on the
`surface of the substrate)
`
`Sloped etching profile (the
`etched sloped sides of the
`trench). The sloped etching
`profile contains a smooth
`rotation of microfacets.
`
`Without a prescribed angle
`of inclination (the sloped
`etching profile is without a
`constant angle of inclination)
`
`
`
`22.
`
`The LEDs used in the Accused Products contain a first layer
`
`disposed on said textured district comprising a plurality of inclined lower
`
`portions, said first layer and said substrate form a lattice-mismatched misfit
`
`system, said substrate having at least one of a group consisting of group III-V,
`
`group IV, group II-VI elements and alloys, ZnO, spinel and sapphire.
`
`
`
`
`
`
`
`
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 10
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 11 of 19 PageID 11
`
`
`The first layer is disposed on
`the textured district.
`
`
`
`
`The first layer has a plurality
`of inclined lower portions.
`
`
`
`23.
`
`The LEDs used in the Accused Products use a gallium nitride first
`
`layer, as shown below in the SEM image of the LED cross-section identifying the
`
`location of the energy-dispersive X-ray (EDX) measurement:
`
`LOCATION 1
`
`
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 11
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 12 of 19 PageID 12
`
`24.
`
`The EDX analysis of the first layer confirms that the first layer is
`
`comprised of gallium nitride (GaN).
`
`25.
`
`The LEDs used in the Accused Products contain a sapphire substrate,
`
`as shown below in the SEM image of the LED cross-section identifying the
`
`location of the EDX measurement.
`
`
`
`LOCATION 2
`
`
`
`
`
`
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 12
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 13 of 19 PageID 13
`
`26.
`
`The EDX analysis of the substrate confirms that the substrate is
`
`comprised of sapphire (Al2O3).
`
`
`
`27.
`
`The Gallium Nitride first layer and Sapphire (Al2O3) substrate form
`
`a lattice-mismatched misfit system. This is so because of the significant
`
`difference in the lattice constants of GaN and sapphire.
`
`28.
`
`The LEDs used in the Accused Products contain a light-emitting
`
`structure containing an active layer disposed on said first layer, whereby said
`
`plurality of inclined lower portions are configured to guide extended lattice
`
`defects away from propagating into the active layer. See Daniel A. Steigerwald,
`
`et al., Illumination With Solid State Lighting Technology, IEEE Journal on Selected
`
`Topics in Quantum Electronics, Vol. 8, No. 2, March/April 2002 (“LEDs have a
`
`cross section similar to that depicted in Fig. 8. n-type GaN layers are grown on
`
`the substrate, an active layer is grown on top of this, and p-GaN layers are then
`
`grown over the top of the structure”):
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 13
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 14 of 19 PageID 14
`
`
`
`29.
`
`The “active layer” is the portion of the LED structure that produces
`
`the light. The above journal article excerpt depicts the structure of a “GaN on
`
`sapphire” LED. The LEDs used in the Accused Products are “GaN on sapphire”
`
`LEDs. The above journal article excerpt identifies the locations of the structures
`
`used in GaN on sapphire LEDs, including the “active layer” which is the light-
`
`producing region at the intersection of the n-type GaN Layer and the p-GaN layer.
`
`On information and belief, the plurality of the lower inclined portions of the first
`
`layer disposed on the textured district on the surface of the substrate of the LEDs
`
`used in the Accused Products are configured to guide extended lattice defects
`
`away from propagating into the active layer.
`
`30. Defendant has not been licensed under the ’851 Patent.
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 14
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 15 of 19 PageID 15
`
`31. Defendant’s acts of infringement have caused damage to Plaintiff.
`
`Plaintiff is entitled to recover from Defendant the damages sustained by Plaintiff
`
`as a result of the wrongful acts of Defendant in an amount subject to proof at trial.
`
`32. Defendant has had actual notice of its infringement of the ’851 Patent
`
`since on or about November 1, 2021, when Defendant received a letter from
`
`Lexington making Defendant aware of the ’851 Patent and identifying certain of
`
`Defendant’s LED lighting products.
`
`33.
`
`Since at least the filing of the original complaint in this action, and/or
`
`service of same, Defendant has had knowledge of the ’851 Patent and has had
`
`knowledge of its infringement of the ’851 Patent.
`
`34.
`
`Since at least Defendant’s receipt of Lexington’s letter on November
`
`1, 2021, Defendant has been aware of the ’851 Patent and has had knowledge of
`
`its infringement of the ’851 Patent.
`
`35. Defendant’s infringement has been and continues to be willful and
`
`deliberate. Upon information and belief, Defendant deliberately infringed the
`
`‘851 Patent and acted recklessly and in disregard to the ’851 Patent by making,
`
`having made, using, importing, and offering for sale products that infringe the
`
`’851 Patent. Upon information and belief, the risks of infringement were known
`
`to Defendant and/or were so obvious under the circumstances that the
`
`infringement risks should have been known. Upon information and belief,
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 15
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 16 of 19 PageID 16
`
`Defendant has no reasonable non-infringement theories. Upon information and
`
`belief, Defendant has not attempted any design/sourcing change to avoid
`
`infringement. Defendant has acted despite an objectively high likelihood that its
`
`actions constituted infringement of the ’851 Patent. In addition, this objectively-
`
`defined risk was known or should have been known to Defendant. Upon
`
`information and belief, Defendant has willfully infringed and/or continues to
`
`willfully infringe the ’851 Patent. Defendant’s actions of being made aware of its
`
`infringement, not developing any non-infringement theories, not attempting any
`
`design/sourcing change, and not ceasing its infringement constitute egregious
`
`behavior beyond typical infringement.
`
`36. Defendant’s affirmative acts of selling the Accused Products, causing
`
`the Accused Products to be sold, advertised, offered for sale, and/or distributed,
`
`and providing instruction manuals for the Accused Products have induced and
`
`continue to induce Defendant’s customers, and/or end-users to use the Accused
`
`Products in their normal and customary way to infringe the ’851 Patent. For
`
`example, it can be reasonably inferred that end-users will use the infringing
`
`products, which will cause the LEDs that are the subject of the claimed invention
`
`to be used. Defendant specifically intended and was aware that these normal and
`
`customary activities would infringe the ’851 Patent. By way of example, the LEDs
`
`that are the subject of the claim invention are energized and illuminated when an
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 16
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 17 of 19 PageID 17
`
`infringing lamp is turned on and its LEDs illuminated. These actions have
`
`induced and continue to induce the direct infringement of the ’851 Patent by end-
`
`users. Defendant performed the acts that constitute induced infringement, and
`
`would induce actual infringement, with the knowledge of the ’851 Patent and
`
`with the knowledge, or willful blindness to the probability, that the induced acts
`
`would constitute infringement. Upon information and belief, Defendant
`
`specifically intended (and intends) that its actions will results in infringement of
`
`at least claim 1 of the ’851 Patent, or subjectively believes that its actions will result
`
`in infringement of the ’851 Patent but took deliberate actions to avoid learning of
`
`those facts, as set forth above. Upon information and belief, Defendant knew of
`
`the ’851 Patent and knew of its infringement, including by way of this lawsuit and
`
`earlier as described above.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands a jury for all issues so triable.
`
`PRAYER
`
`WHEREFORE, Plaintiff prays for judgment that:
`
`Defendant has infringed the ’851 Patent;
`
`Plaintiff recover actual damages under 35 U.S.C. § 284;
`
`Plaintiff be awarded supplemental damages for any continuing post-
`
`
`
`1.
`
`2.
`
`3.
`
`verdict infringement up until final judgment;
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 17
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 18 of 19 PageID 18
`
`4.
`
`5.
`
`6.
`
`Plaintiff be awarded a compulsory ongoing royalty;
`
`Plaintiff be awarded an accounting of damages;
`
`Plaintiff be awarded enhanced damages for willful infringement as
`
`permitted under the law;
`
`7.
`
`A judgment and order requiring Defendant to pay to Plaintiff pre-
`
`judgment and post-judgment interest on the damages awarded, including an
`
`award of pre-judgment interest, pursuant to 35 U.S.C. § 284, from the date of
`
`each act of infringement of the ’851 Patent by Defendant 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;
`
`8.
`
`An award to Plaintiff of the costs of this action and its reasonable
`
`attorneys’ fees pursuant to 35 U.S.C. §285;
`
`9.
`
`Such other and further relied as the Court deems just and equitable.
`
`
`
`
`
`
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 18
`
`

`

`Case 6:22-cv-01608-WWB-DAB Document 1 Filed 09/07/22 Page 19 of 19 PageID 19
`
`DATED: September 7, 2022
`
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`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/Mark F. Warzecha
`Mark F. Warzecha, Esquire
`Florida Bar No. 0095779
`Jessica Honeycutt, Esquire
`Florida Bar No. 1025604
`WIDERMAN MALEK, PL
`1990 West New Haven Ave., Suite 201
`Melbourne, FL 32904
`Phone: (321) 255-2332
`Fax: (321) 255-2351
`MFW@USLegalTeam.com
`JHoneycutt@USLegalTeam.com
`ATTORNEY FOR PLAINTIFF
`LEXINGTON LUMINANCE LLC
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 19
`
`

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