CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 1 of 18
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`SQIP, LLC,
`
`
`
`v.
`
`Cambria Company, LLC
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`Civil Action No. 4:23-cv-00202-SDJ_____
`
`Jury Trial Demanded
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Pursuant to Federal Rule of Civil Procedure 15(a)(1), Plaintiff SQIP, LLC files this
`
`Complaint against Cambria Company, LLC for willful infringement of U.S. Patent Nos.
`
`9,511,516 and 10,376,912 (collectively, the “Patents-in-Suit”), based upon Defendant’s
`
`unauthorized manufacture, use, offer for sale, sale and/or importation of Defendant’s infringing
`
`products accused herein.
`
`THE PARTIES
`
`1.
`
`Plaintiff SQIP, LLC (“SQIP” or “Plaintiff”) is a Florida limited liability company
`
`having an address at 4121 Seaboard Road, Orlando, Florida 32808.
`
`2.
`
`Defendant Cambria Company, LLC (“Cambria” or “Defendant”) is a Minnesota
`
`corporation with its headquarters at 31496 Cambria Avenue, Le Sueur, Minnesota 56058 and
`
`regular and established places of business located at 301 W. Vista Ridge Mall Drive, Suite 400,
`
`Lewisville, Texas 75067 and 5600 Nebraska Furniture Mart Dr., The Colony, Texas 75056.
`
`Cambria may be served with process through its registered agent, CT Corporation System, 1999
`
`Bryan St., Suite 900, Dallas, Texas 75201.
`
`
`
`1
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 2 of 18
`
`
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 101, et
`
`seq. This Court’s jurisdiction over this action is proper under 28 U.S.C. § 1331 (federal question
`
`jurisdiction) and 28 U.S.C. § 1338 (jurisdiction over patent actions).
`
`4.
`
`This Court has personal jurisdiction over Cambria in accordance with due process
`
`and/or the Texas Long Arm Statute because, among other activities, Cambria conducts business
`
`in this State by, for example, “recruit[ing] Texas residents, directly or through an intermediary
`
`located in this state, for employment inside or outside this state.” TEX. CIV. PRAC. & REM. CODE
`
`§ 17.042(3). For instance, each of the employment listings below advertise openings at Cambria
`
`facilities in Colony, Texas and Dallas, Texas.
`
`
`
`2
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 3 of 18
`
`
`
`
`
`https://cambria.wd1.myworkdayjobs.com/cambria_careers?locations=17913c8ccf2d1001ba1ae4
`
`7e9dac0000&locations=b503aa9b8c331001b9bfdf5dd42c0000
`
`5.
`
`Further, this Court has personal jurisdiction over Cambria because it has engaged,
`
`and continues to engage, in continuous, systematic, and substantial activities within this State,
`
`including the substantial marketing and sale of products within this State and this District. This
`
`Court has personal jurisdiction over Cambria because it has committed acts giving rise to SQIP’s
`
`claims for patent infringement within and directed to this District, has derived substantial
`
`
`
`3
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 4 of 18
`
`
`
`revenue from its goods provided to individuals in this State and this District, and maintains
`
`regular and established places of business in this District, including at least its facilities and
`
`showrooms in The Colony and Lewisville.
`
`6.
`
`Cambria has committed and continues to commit acts in violation of 35 U.S.C.
`
`§ 271, and has made, used, marketed, distributed, offered for sale, and/or sold products made by
`
`infringing processes and infringing products in this State, including within this District, and
`
`otherwise engaged in infringing conduct within or from this District. Such infringing products
`
`include, but are not necessary limited to those Cambria engineered quartz slab products
`
`identified in Exhibit 3. Such products, and products made by infringing processes, have been and
`
`continue to be marketed, offered for sale, sold, distributed, and used in this District, and the
`
`infringing conduct has caused, and continues to cause, injury to SQIP, including injury suffered
`
`within this District by unfairly competing with products lawfully made using SQIP’s patented
`
`inventions. These are purposeful acts and transactions in this State and this District such that
`
`Cambria reasonably shown know and expect that it could be haled into this Court.
`
`7.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391, and 1400(b) because
`
`Cambria has regular and established places of business (the facilities in Lewisville and The
`
`Colony). Further, job offerings on Cambria’s website include a job located in The Colony.
`
`Further, Cambria has voluntarily filed as the plaintiff at least five patent infringement lawsuits in
`
`the State of Texas.
`
`FACTUAL BACKGROUND
`
`8.
`
`SQIP owns a portfolio of fifteen issued United States utility patents and an
`
`additional eighteen international patents, all directed to engineered natural quartz surface
`
`products used for various building purposes, such as kitchen and bathroom countertops, and
`
`methods for making such products.
`
`
`
`4
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 5 of 18
`
`
`
`9.
`
`The Patents-in-Suit are a portion of SQIP’s patent portfolio.
`
`10.
`
`Alex Xie is a member of SQIP.
`
`11.
`
`Alex Xie has a long history of innovation of methods for manufacturing natural
`
`quartz surface products. Further, Alex Xie has substantial experience in the use of methods for
`
`manufacturing natural quartz surface products in industry.
`
`12.
`
`Alex Xie is the sole inventor of the patents owned by SQIP, including the Patents-
`
`in-Suit.
`
`13.
`
`SQIP has licensed its patent portfolio, including the Patents-in-Suit, to a company
`
`called Elite Quartz Mfg LLC (“Elite Quartz”), which manufactures natural quartz surface
`
`products pursuant to at least some of SQIP’s patent portfolio.
`
`14.
`
`Elite Quartz manufactures natural quartz surface products using the methods
`
`described in the Patents-in-Suit.
`
`15.
`
`The natural quartz surface products manufactured by Elite Quartz using the
`
`methods described in the Patents-in-Suit are sold and distributed in the United States through a
`
`company called Hirsch Glass Corp. d/b/a Spectrum Quartz (“Hirsch Glass”) and a company
`
`called MS International, Inc. (“MSI”). Examples of Hirsch’s products and MSI’s products that
`
`are manufactured by Elite Quartz using one or more of the methods claimed in the Patents-in-
`
`Suit include products sold under the commercial names (i) Calacatta Miraggio Duo Quartz
`
`(MSI), (ii) Calacatta Miraggio Duo Quartz (MSI), (iii) Calacatta Miraggio Cielo Quartz (MSI),
`
`(iv) Calacatta Miraggio Gold Quartz (MSI), (v) Grandeur (Hirsch), (vi) Royal (Hirsch), (vii)
`
`Sterling AP (Hirsch), and (viii) Impeccable AP (Hirsch).
`
`16.
`
`Alex Xie is a shareholder in Hirsch Glass.
`
`
`
`5
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 6 of 18
`
`
`
`THE PATENTS-IN-SUIT
`
`17.
`
`United States Patent No. 9,511,516 (the “‘516 Patent”), titled “Method and
`
`Apparatus for Manufacturing Quartz Slab,” was duly and legally issued by the United States
`
`Patent and Trademark Office on December 6, 2016 and names Alex Xie as the sole inventor. A
`
`true and correct copy of the ‘516 Patent is attached as Exhibit 1.
`
`18.
`
`SQIP owns all substantial rights, title and interests in and to the ‘516 Patent,
`
`including the exclusive right and standing to bring suit with respect to any past, present, and
`
`future infringement. The ‘516 Patent is valid, enforceable, and in full force and effect.
`
`19.
`
`United States Patent No. 10,376,912 (the “’912 Patent”), titled “Apparatus and
`
`Method for Depositing Color Into Cracks of a Moving Formed Quartz Slab To Create Veins in
`
`an Engineered Stone,” was duly and legally issued by the United States Patent and Trademark
`
`Office on August 13, 2019 and names Alex Xie as the sole inventor. A true and correct copy of
`
`the ‘912 Patent is attached as Exhibit 2.
`
`20.
`
`SQIP owns all substantial rights, title and interests in and to the ‘912 Patent,
`
`including the exclusive right and standing to bring suit with respect to any past, present, and
`
`future infringement. The ‘912 Patent is valid, enforceable, and in full force and effect.
`
`21.
`
`
`
`CAMBRIA’S ACTIVITIES
`
`22.
`
`As described below, Cambria makes, uses, imports, distributes, supplies, markets,
`
`offers for sale, and/or sells Cambria branded products that infringe one or more claims of the
`
`Patents-in-Suit, including but not limited Cambria’s engineered natural quartz surface products
`
`identified in Exhibit 3 (collectively, the “Accused Products”).
`
`
`
`6
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 7 of 18
`
`
`
`23.
`
`Those products identified in Exhibit 3 as the “Accused ‘516 Patent Products” are
`
`manufactured in a manner that uses one or more of the claimed methods described and claimed
`
`in the ‘516 patent.
`
`24.
`
`Those products identified in Exhibit 3 as the “Accused ‘912 Patent Products” are
`
`manufactured in a manner that uses one or more of the claimed methods described and claimed
`
`in the ‘912 patent.
`
`25.
`
`Cambria was aware of the ‘516 Patent no later than February 2018, at which time
`
`Hirsch Glass advised Cambria of the ‘516 Patent (See, Exhibit 4) and Cambria’s response
`
`included the statement that “Cambria does not see any value to those patents, nor do we think
`
`those patents merit any further discussion amongst our clients.” Exhibit 5.
`
`26.
`
`In February 2021, Cambria filed a patent infringement lawsuit against Hirsch
`
`Glass Corp. d/b/a Spectrum Quartz in the United States Federal Court for the Eastern District of
`
`Virginia (later transferred to the United States Federal Court for the District of New Jersey), in
`
`which Cambria relied on the ‘516 Patent as a basis for alleging that products sold by Hirsch
`
`Glass were made by methods that infringed claims in Cambria’s asserted patents.
`
`27.
`
`Cambria was also aware of the ‘912 Patent no later than December 2021, at which
`
`time Cambria requested that SQIP grant a license to its portfolio of patents, including the
`
`Patents-in-Suit, as part of a settlement offer to resolve Cambria’s ongoing litigation against
`
`Hirsch Glass.
`
`28.
`
`In response to Cambria’s request to license SQIP’s portfolio of patents, Hirsch
`
`Glass’s counsel requested that Cambria disclose the processes used by Cambria to manufacture
`
`the products for which Cambria sought a license.
`
`
`
`7
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 8 of 18
`
`
`
`29.
`
`Cambria refused Hirsch Glass’ Counsel’s request for information concerning
`
`Cambria’s manufacturing processes.
`
`30.
`
`In the fall of 2022, Cambria again requested SQIP to grant Cambria a license to
`
`SQIP’s patent portfolio, including the Patents-in-Suit, as a component to a settlement offer to
`
`resolve the ongoing litigation between Cambria and Hirsch Glass.
`
`31.
`
`Again, Hirsch Glass’ counsel requested that Cambria disclose its manufacturing
`
`processes used to make the products for which Cambria sought a license.
`
`32.
`
`Cambria refused Hirsch Glass’ Counsel’s request for information concerning
`
`Cambria’s manufacturing processes.
`
`33.
`
`Cambria’s repeated attempts to secure licenses to SQIP’s full patent portfolio is
`
`indicative of Cambria’s knowledge of the Patents-in-Suit and Cambria’s knowledge that certain
`
`of its products infringe such patents.
`
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 9,511,516
`
`34.
`
`SQIP incorporates by reference and realleges, as if fully set forth herein, all
`
`preceding paragraphs.
`
`35.
`
`As described below, in violation of at least 35 U.S.C. § 271(a), Cambria infringes
`
`and/or has infringed, directly or indirectly, and literally or under the doctrine of equivalents, at
`
`least claim 14 of the ‘516 Patent by importing, making, using, offering to sell, and/or selling the
`
`Accused ‘516 Patent Products without a license or permission from SQIP, including in this
`
`judicial district.
`
`36.
`
`Further, in violation of at least 35 U.S.C. § 271(g), Cambria imports, offers to
`
`sell, sells, and/or uses within the United States the Accused ‘516 Patent Products, which are
`
`made by the process patented in at least claim 14 of the ‘516 Patent. Prior to the sale of the
`
`
`
`8
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 9 of 18
`
`
`
`Accused ‘516 Patent Products, the Accused ‘516 Patent Products are neither materially changed
`
`by subsequent processes, nor do they become a trivial and nonessential component of another
`
`product.
`
`37.
`
`Claim 14 of the ‘516 Patent recites as follows:
`
`14. A method comprising:
`
`supplying a first mixture of quartz and resin to an inner chamber
`of a mold;
`
`
` wherein the mold has a top opening which leads to the inner
`chamber, and the mold includes a first wall, a second wall, a
`third wall, and a fourth wall, and a bottom which enclose the
`inner chamber; and further comprising
`
`
`
`
`
`
`
`using a computer processor to controllably supply the first
`mixture to the inner chamber of the mold through a first region
`of the top opening but not through a second region of the top
`opening during a first state, and
`
`using the computer processor to controllably supply the first
`mixture to the inner chamber of the mold through the second
`region of the top opening, but not through the first region of the
`top opening during a second state.
`
`
`
`38.
`
`On information and belief, the Accused ‘516 Patent Products are made by a
`
`process of supplying a first mixture of quartz and resin to an inner chamber of a mold. This is
`
`shown by the pictures of each Accused ‘516 Patent Product set forth on Exhibit 3 and which are
`
`available on Cambria’s website at www.cambriausa.com.
`
`
`
`9
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 10 of 18
`
`
`
`39.
`
`Further, Cambria has alleged that the Accused ‘516 Patent Products are made by a
`
`process covered by the claims of Cambria’s United States Patent No. 9,993,942 (the “‘942
`
`Patent”), which is attached hereto as Exhibit 6. Cambria’s ‘942 Patent states that “the mold 130
`
`can be vertically oriented during the dispensation of the different particulate mineral mixes into
`
`the mold 130.” Exhibit 6, at 4:47-49. Cambria’s ‘942 Patent describes that the particulate
`
`mineral mixes dispensed into the mold “can comprise quartz material…that, when mixed with
`
`pigments and a resin binder and subsequently compressed and cured, provides a hardened slab
`
`product…”. Exhibit 6, at 3:67-4:3.
`
`40.
`
`On information and belief, the Accused
`
`‘516 Patent Products are made with a mold that has a
`
`top opening which leads to the inner chamber, and the
`
`mold includes a first wall, a second wall, a third wall,
`
`and a fourth wall, and a bottom which enclose the
`
`inner chamber. Cambria’s ‘942 Patent, with reference
`
`to Figure 1A (reproduced adjacent this paragraph)
`
`describes that the mold used in the process “can
`
`include a shell portion that at least partially defines a space (shown in dashed lines in FIG. 1A)
`
`for receiving the different particulate mineral mixes via an open upwardly facing opening 132 of
`
`the mold 130.” Exhibit 6, at 4:50-54.
`
`41.
`
`On information and belief, Cambria’s Accused ‘516 Patent Products are made
`
`using a computer processor to controllably supply the first mixture to the inner chamber of the
`
`mold through a first region of the top opening but not through a second region of the top opening
`
`during a first state. In particular, Cambria’s Accused ‘516 Patent Products all include a first
`
`
`
`10
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 11 of 18
`
`
`
`partial vein comprised of a first mixture that extends over a first portion, but not a second
`
`portion, of the length of the slab.
`
`42.
`
`On information and belief, Cambria’s Accused ‘516 Patent Products are made
`
`using the computer processor to controllably supply the first mixture to the inner chamber of the
`
`mold through the second region of the top opening, but not through the first region of the top
`
`opening during a second state. In particular, Cambria’s Accused ‘516 Patent Products all include
`
`a second partial vein comprised of the first mixture that extends over the second portion, but not
`
`the first portion, of the length of the slab.
`
`43.
`
`Alex Xie has analyzed Cambria’s Accused ‘516 Patent Products and concluded,
`
`based on the fact that the Accused ‘516 Patent Products each include at least a first partial
`
`longitudinal vein and a second partial longitudinal vein, both made from the same quartz/resin
`
`mixture, that do not overlap when viewed in cross-section, that it is highly likely Cambria’s
`
`Accused ‘516 Patent Products were made using a process as described in claim 14 of the ‘516
`
`Patent.
`
`44.
`
`Alex Xie’s opinion is reinforced by Cambria’s attempt to secure a license to the
`
`‘516 patent in December 2021 and the fall of 2022, but its refusal to disclose the manufacturing
`
`process to Hirsch Glass’ counsel.
`
`45.
`
`SQIP has been damaged as a result of the infringing conduct by Cambria alleged
`
`above. Thus, Cambria is at least liable to SQIP in an amount that compensates SQIP for such
`
`infringement, which by law cannot be less than a reasonable royalty, together with interest and
`
`costs as fixed by this Court under 35 U.S.C. § 284.
`
`
`
`11
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 12 of 18
`
`
`
`46.
`
`Cambria’s infringement of SQIP’s ‘516 Patent has caused, and will continue to
`
`cause, SQIP to suffer substantial and irreparable harm unless Cambria is enjoined by this Court
`
`pursuant to 35 U.S.C. §283.
`
`47.
`
`Cambria has been on notice of and has had actual knowledge of the ‘516 Patent
`
`since at least February 2018.
`
`48.
`
`Cambria has been aware that the Accused ‘516 Patent Products have been and
`
`continue to be made using a process that infringes the ‘516 Patent since at least December 2021
`
`when Cambria sought a license to the ‘516 Patent as part of a proposed settlement in its lawsuit
`
`against Hirsch Glass.
`
`49.
`
`Cambria’s infringement of the ‘516 Patent is, has been, and continues to be,
`
`willful, intentional deliberate, and/or in conscious disregard of SQIP’s rights. Cambria’s willful
`
`infringement entitles SQIP to increased damages under 35 U.S.C. § 284 and to attorneys’ fees
`
`and costs incurred in prosecuting this action under 35 U.S.C. § 285.
`
`
`
`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 10,376,912
`
`50.
`
`SQIP incorporates by reference and realleges, as if fully set forth herein, all
`
`preceding paragraphs.
`
`51.
`
`As described below, in violation of at least 35 U.S.C. § 271(a), Cambria infringes
`
`and/or has infringed, literally or under the doctrine of equivalents, at least claim 1 of the ‘912
`
`Patent by importing, making, using, offering to sell, and/or selling the Accused ‘912 Patent
`
`Products without a license or permission from SQIP, including in this judicial district.
`
`52.
`
`Further, in violation of at least 35 U.S.C. § 271(g), Cambria offers to sell, sells,
`
`and/or uses within the United States the Accused ‘912 Patent Products, which are made by the
`
`
`
`12
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 13 of 18
`
`
`
`process patented in at least claim 3 of the ‘912 Patent. Prior to the sale of the Accused ‘912
`
`Patent Products, the Accused ‘912 Patent Products are neither materially changed by subsequent
`
`processes, nor do they become a trivial and nonessential component of another product.
`
`53.
`
`Claim 3 of the ‘912 Patent recites as follows:
`
`1. A method comprising:
`
`causing a first portion of a slab to move vertically out of alignment
`with an area of the slab surrounding the first portion of the slab and
`thereby introducing a first crack in the first portion of the slab by
`using a first device located between the first portion and a ground
`surface to cause a force to be applied to the first portion of the slab;
`and
`
`depositing a first material having a color into the first crack of the
`slab, so that the first crack with the deposited first material becomes
`a vein having the color of the first material;
`
`wherein the first device causes the force to be applied to the first
`portion of the slab from below the first portion of the slab, and
`thereafter, the first material is deposited into the first crack of the
`slab from above the first portion of the slab; and
`
`wherein the first device continues to cause the force to be applied to
`the first portion of the slab from below the first portion of the slab,
`while the first material is deposited into the first crack of the slab
`from above the first portion of the slab.
`
`3. The method of claim 1 further comprising
`
`
`
`causing a second portion of the slab to move vertically out of
`alignment with an area of the slab surrounding the second portion of
`the slab and thereby introducing a second crack in the second
`portion of the slab by using a second device located between the
`second portion and a ground surface to cause a force to be applied
`to the second portion of the slab; and
`
`
`
`
`depositing a second material having a color into the second crack of
`the slab, so that the second crack with the deposited second material
`becomes a vein having the color of the second material.
`
`
`
`
`
`
`
`
`13
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 14 of 18
`
`
`
`54.
`
`On information and belief, the Accused ‘912 Patent Products are made by a
`
`process that includes causing a first portion of a slab to move vertically out of alignment with an
`
`area of the slab surrounding the first portion of the slab and thereby introducing a first crack in
`
`the first portion of the slab by using a first device located between the first portion and a ground
`
`surface to cause a force to be applied to the first portion of the slab.
`
`55.
`
`On information and belief, the Accused ‘912 Patent Products are made by a
`
`process that includes depositing a first material having a color into the first crack of the slab, so
`
`that the first crack deposited with the first material becomes a vein having a color of the first
`
`material.
`
`56.
`
`On information and belief, the Accused ‘912 Patent Products are made by a
`
`process in which the first device causes the force to be applied to the first portion of the slab
`
`from below the first portion of the slab, and thereafter, the first material is deposited into the first
`
`crack of the slab from above the first portion of the slab.
`
`57.
`
`On information and belief, the Accused ‘912 Patent Products are made by a
`
`process in which the first device continues to cause the force to be applied to the first portion of
`
`the slab from below the first portion of the slab, while the first material is deposited into the first
`
`crack of the slab from above the first portion of the slab
`
`58.
`
`On information and belief, the Accused ‘912 Patent Products are made by a
`
`process that includes causing a second portion of the slab to move vertically out of alignment
`
`with an area of the slab surrounding the second portion of the slab and thereby introducing a
`
`second crack in the second portion of the slab by using a second device located between the
`
`second portion and a ground surface to cause a force to be applied to the second portion of the
`
`slab
`
`
`
`14
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 15 of 18
`
`
`
`59.
`
`On information and belief, the Accused ‘912 Patent Products are made by a
`
`process that includes depositing a second material having a color into the second crack of the
`
`slab, so that the second crack with the deposited second material becomes a vein having the color
`
`of the second material.
`
`60.
`
`Alex Xie has studied the Accused ‘912 Patent Products, and, based on his
`
`expertise, concludes that the nature of the cracks in the Accused ‘912 Patent Products indicate
`
`that a first portion of the slab receives pressure from below the slab from a device to push the
`
`first portion of the slab out of alignment with a surrounding portion of the slab, which creates
`
`randomized cracks in the slab into which a colorizing material is deposited to establish the
`
`contrasting crack in the finished product. Further, Mr. Xie has concluded that the nature of the
`
`cracks in the Accused ‘912 Patent Products indicate that a second portion of the slab also
`
`receives pressure from below the slab, this time from a second device, to push a second portion
`
`of the slab out of alignment with a surrounding portion of the slab, which creates more
`
`randomized cracks in the slab into which a colorizing material is deposited to establish the
`
`contrasting crack in the finished product
`
`61.
`
`In particular, the appearance of the cracks in the Accused ‘912 Patent Products are
`
`directionally random and of different sizes and shapes, which is indicative of the slab, while still
`
`in the form of a damp particulate mixture, being cracked by applying pressure to a first area from
`
`below the slab to cause it to be vertically out of alignment with the area surrounding the first area
`
`and to deposit coloring in the resultant cracks while the cracks remain open, i.e., before the
`
`pressure applied below the slab is relieved. Furthermore, in the Accused ‘912 Patent Products
`
`there are cracks that move generally in an up and down direction, cracks that move generally in a
`
`left and right direction, and, at times, cracks that move generally in other directions. The
`
`
`
`15
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 16 of 18
`
`
`
`different general direction of longer cracks indicates that the cracks were made by multiple
`
`devices, with different orientations, pressing against the slab to create cracks.
`
`62.
`
`Alex Xie’s opinion is reinforced by Cambria’s attempt to secure a license to the
`
`‘912 patent in December 2021 and the fall of 2022, but its refusal to disclose the manufacturing
`
`process to Hirsch Glass’ counsel.
`
`63.
`
`Cambria has been aware that the Accused ‘912 Patent Products have been and
`
`continue to be made using a process that infringes the ‘912 patent since at least December 2021
`
`when Cambria sought a license to the ‘912 Patent as part of a proposed settlement in its lawsuit
`
`against Hirsch Glass.
`
`64.
`
`Cambria’s infringement of SQIP’s ‘912 Patent has caused, and will continue to
`
`cause, SQIP to suffer substantial and irreparable harm unless Cambria is enjoined by this Court
`
`pursuant to 35 U.S.C. §283.
`
`65.
`
`Cambria’s infringement of the ‘912 Patent is, has been, and continues to be,
`
`willful, intentional, deliberate, and/or in conscious disregard of SQIP’s rights. Cambria’s willful
`
`infringement entitles SQIP to increased damages under 35 U.S.C. § 284 and to attorneys’ fees
`
`and costs incurred in prosecuting this action under 35 U.S.C. § 285.
`
`
`
`
`
`DEMAND FOR A JURY TRIAL
`
`SQIP demands a trial by jury on all issues triable of right by jury pursuant to Rule 38 of
`
`the Federal Rules of Civil Procedure.
`
`
`
`
`
`16
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 17 of 18
`
`
`
`PRAYER FOR RELIEF
`
`SQIP respectfully requests that this Court enter judgment in its favor and grant the
`
`following relief:
`
`(i)
`
`Judgment and Order that Cambria has infringed one or more claims of each of the
`
`Patents-in-Suit;
`
`(ii)
`
`Judgment and Order that Cambria must pay SQIP past and future damages under
`
`35 U.S.C. § 284, including supplemental damages arising from any continuing,
`
`post-verdict infringement for the time between trial and entry of the final
`
`judgment, together with an accounting, as needed, as provided under 35 U.S.C.
`
`§ 284;
`
`(iii)
`
`Judgment and Order that Cambria must pay SQIP reasonable and ongoing
`
`royalties on a go-forward basis after Final Judgment;
`
`(iv)
`
`Permanent injunction prohibiting Cambria from further infringement of the
`
`infringed claims of the patents-in-suit;
`
`(v)
`
`Judgment and Order that Cambria must pay SQIP’s costs;
`
`(vi)
`
`Judgment and Order that the Court find this case exceptional under the provisions
`
`of 35 U.S.C. § 285 and order Cambria to pay SQIP its attorneys’ fees;
`
`(vii)
`
`Judgment and Order that Cambria’s infringement has been willful;
`
`(viii) Judgment and Order that all damages awarded to SQIP for Cambria’s
`
`infringement be trebled pursuant to 35 U.S.C. §284; and
`
`(ix)
`
`Such other and further relief as the Court deems just and proper.
`
`
`
`
`
`
`
`
`
`17
`
`

`

`CASE 0:24-cv-01111-JWB-DJF Doc. 7 Filed 04/25/23 Page 18 of 18
`
`
`
`Dated: April 25, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SCHEEF & STONE SOLID COUNSEL
`113 E. Austin Street
`Marshall, TX 75670
`
`By: _____________________________
`
`Michael C. Smith
`
`Michael.Smith@Solidcounsel.com
`
`Attorneys for Plaintiff, SQIP, LLC
`
`
`
`
`
`
`
`
`
`
`27266848.1
`
`
`
`18
`
`