UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NORTH CAROLINA
`STATESVILLE DIVISION
`CA #5:16-CV-142
`
`
`
`
`Plaintiff,
`
`
`COMPLAINT FOR
`PATENT INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`
`Nichia Corporation,
`
`
`
` v.
`
`Lowe’s Companies, Inc. and
`LG Sourcing, Inc.,
`
`
`
`Defendants.
`
`
`
`Plaintiff Nichia Corporation (“Nichia”) brings this action for patent infringement against
`
`Defendants Lowe’s Companies, Inc. (“Lowe’s”) and LG Sourcing, Inc. (“LGS”), and alleges as
`
`follows:
`
`Jurisdiction
`
`1.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq.
`
`This Court has subject matter jurisdiction over this action for patent infringement under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`The Parties
`
`2.
`
`Nichia is a corporation organized and existing under the laws of Japan, and has a
`
`principal place of business at 491 Oka, Kaminaka-Cho, Anan-Shi, Tokushima, Japan 774-8601.
`3.
`
`Upon information and belief, Lowe’s is a corporation organized and existing
`
`under the laws of the State of North Carolina, with its principal place of business at 1000 Lowe’s
`
`Boulevard, Mooresville, North Carolina 28117.
`4.
`
`Upon information and belief, LGS is a corporation organized and existing under
`
`the laws of the State of North Carolina, with its principal place of business at 1605 Curtis Bridge
`
`Road, North Wilkesboro, North Carolina 28659. On information and belief, LGS is a wholly-
`
`owned subsidiary of Lowe’s.
`
`Case 5:16-cv-00142 Document 1 Filed 07/19/16 Page 1 of 4
`1
`
`NICHIA EX2003
`
`
`WESTERN DISTRICT OF NORTH CAROLINA
`STATESVILLE DIVISION
`CA #5:16-CV-142
`
`
`
`
`Plaintiff,
`
`
`COMPLAINT FOR
`PATENT INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`
`Nichia Corporation,
`
`
`
` v.
`
`Lowe’s Companies, Inc. and
`LG Sourcing, Inc.,
`
`
`
`Defendants.
`
`
`
`Plaintiff Nichia Corporation (“Nichia”) brings this action for patent infringement against
`
`Defendants Lowe’s Companies, Inc. (“Lowe’s”) and LG Sourcing, Inc. (“LGS”), and alleges as
`
`follows:
`
`Jurisdiction
`
`1.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq.
`
`This Court has subject matter jurisdiction over this action for patent infringement under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`The Parties
`
`2.
`
`Nichia is a corporation organized and existing under the laws of Japan, and has a
`
`principal place of business at 491 Oka, Kaminaka-Cho, Anan-Shi, Tokushima, Japan 774-8601.
`3.
`
`Upon information and belief, Lowe’s is a corporation organized and existing
`
`under the laws of the State of North Carolina, with its principal place of business at 1000 Lowe’s
`
`Boulevard, Mooresville, North Carolina 28117.
`4.
`
`Upon information and belief, LGS is a corporation organized and existing under
`
`the laws of the State of North Carolina, with its principal place of business at 1605 Curtis Bridge
`
`Road, North Wilkesboro, North Carolina 28659. On information and belief, LGS is a wholly-
`
`owned subsidiary of Lowe’s.
`
`Case 5:16-cv-00142 Document 1 Filed 07/19/16 Page 1 of 4
`1
`
`NICHIA EX2003
`
`
`
`Venue
`
`5.
`
`This Court has personal jurisdiction over Lowe’s and LGS because, on
`
`information and belief, Lowe’s and LGS’s principal places of business are located in this judicial
`
`district, and Lowe’s and LGS have committed acts within this judicial district giving rise to this
`
`action.
`
`6.
`
`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`Count I
`(Infringement of U.S. Patent No. 7,915,631)
`Nichia re-alleges and incorporates the allegations of all prior paragraphs of this
`
`7.
`
`Complaint as if set forth in their entirety herein.
`8.
`
`Nichia is the assignee and owner of all rights, title, and interest in and to U.S.
`
`Patent No. 7,915,631 (“the ’631 patent”), entitled “Light Emitting Device and Display,” which
`
`was duly and legally issued by the United States Patent and Trademark Office on March 29,
`
`2011. A true and correct copy of the ’631 patent is attached hereto as Exhibit A and is
`
`incorporated herein by reference.
`9.
`
`Upon information and belief, Lowe’s and LGS have infringed and have continued
`
`to infringe at least claim 1 of the ’631 patent under 35 U.S.C. § 271(a), (b), and/or (c). The
`
`infringing activities include, but are not limited to, the use, sale, importation, and/or offer for
`
`sale, without authority, of light emitting diode (“LED”) lighting devices that fall within the scope
`
`of the claims of the ’631 patent, including, but not limited to, the Utilitech Pro 48-inch Strip
`
`Light (#0595683) and the Utilitech Pro 24-inch Strip Light (#0595684) (together, “Strip
`
`Lights”).
`10.
`
`Upon information and belief, Lowe’s and LGS’s Strip Lights incorporate LEDs
`
`that satisfy limitations of at least claim 1 of the ’631 patent.
`11.
`12.
`
`As a direct and proximate result of Lowe’s and LGS’s acts of infringement,
`
`Nichia has no adequate remedy at law for Lowe’s and LGS’s acts of infringement.
`
`Nichia has suffered and continues to suffer damages and irreparable harm. Unless Lowe’s and
`
`Case 5:16-cv-00142 Document 1 Filed 07/19/16 Page 2 of 4
`2
`
`NICHIA EX2003
`
`
`
`LGS’s acts of infringement are enjoined by this Court, Nichia will continue to be damaged and
`
`irreparably harmed.
`
`Prayer for Relief
`
`WHEREFORE, Nichia prays that the Court:
`a. Enter judgment that Lowe’s and LGS have infringed one or more claims of the ’631
`
`patent;
`b. Award Nichia damages to compensate it for Lowe’s and LGS’s infringement of the ’631
`
`patent, together with pre- and post-judgment interest;
`c. Award Nichia increased damages pursuant to 35 U.S.C. § 284, together with pre- and
`
`post-judgment interest and costs;
`d. Permanently enjoin Lowe’s and LGS, and their officers, agents, servants, employees, and
`
`representatives, and all others in active concert or participation with them, from further
`
`infringing the ’631 patent;
`e. Declare this case to be an exceptional case and award Nichia its attorneys’ fees pursuant
`
`to 35 U.S.C. § 285;
`f. Award Nichia attorneys’ fees, costs, and expenses incurred by Nichia in bringing this
`
`action, together with pre- and post-judgment interest; and
`g. Award such other and further relief as the Court deems just and proper.
`Demand for Jury Trial
`
`Pursuant to Federal Rules of Civil Procedure 38 and 39, Nichia demands a trial by jury on
`
`all issues so triable.
`
`
`
`
`
`Case 5:16-cv-00142 Document 1 Filed 07/19/16 Page 3 of 4
`3
`
`NICHIA EX2003
`
`
`
`Respectfully submitted,
`
`THE VAN WINKLE LAW FIRM
`
`
`By: s/ Larry McDevitt
`Larry S. McDevitt
` NC Bar No. 5032
`David M. Wilkerson
` NC Bar No. 35742
`11 North Market Street
`Asheville, NC 28801
`Ph.: (828) 258-2991
`Fax: (828) 255-0255
`lmcdevitt@vwlawfirm.com
`dwilkerson@vmlawfirm.com
`
`Attorneys for Plaintiff
`Nichia Corporation
`
`
`
`Dated: July 19, 2016
`
`
`
`Of Counsel
`
`Kenneth A. Gallo
`kgallo@paulweiss.com
`David E. Cole
`dcole@paulweiss.com
`PAUL, WEISS, RIFKIND,
`WHARTON & GARRISON LLP
`2001 K Street, NW
`Washington, DC 20006-1047
`Ph.: (202) 223-7300
`Fax: (202) 223-7420
`
`Catherine Nyarady
`cnyarady@paulweiss.com
`Daniel J. Klein
`daklein@paulweiss.com
`PAUL, WEISS, RIFKIND,
`WHARTON & GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019-6064
`Ph.: (212) 373-3000
`Fax: (212) 757-3990
`
`
`
`Case 5:16-cv-00142 Document 1 Filed 07/19/16 Page 4 of 4
`4
`
`NICHIA EX2003
`
`
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