`
`
`
`
`
`
`
`
`Case: IPR2018-01592
`Patent No.: 9,320,122
`
`EXHIBIT 1002
`
`PRIME WIRE & CABLE, INC.
`
` Petitioner,
`
`v.
`
`CANTIGNY LIGHTING
`CONTROL, LLC.
`
` Patent owner
`
`JASCO PRODUCTS, INC.
`
` Licensee
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`)
`)
`)
`)
`)
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`)
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`)
`)
`)
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`

`

`A0 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`TRADEMARK
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`Western District of NC - Statesville Division
`
`filed in the U.S. District Court
`
`on the following
`
`D Trademarks 0r
`
`EPatents.
`
`( D the patent action involves 35 U.S.C. § 292.):
`
`DOCKET N0.
`5:180v00044
`PLAINTIFF
`
`DATE FILED
`3/14/2018
`
`U.5. DISTRICT COURT
`Western District of NC - Statesville Division
`DEFENDANT
`
`Jasco Products Company, LLC
`
`Prime Wire & Cable, Inc.
`
`PATENT OR
`
`DATE OF PATENT
`
`1 9,320,122
`
`4/19/2016
`
`DATE INCLUDED
`
`In the above%ntit1ed case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK N0
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`D Answer
`
`B Cross Bill
`
`D Other Pleading
`
`Cantigny Lighting Control, LLC
`HOLDER OF PATENT OR TRADEMARK
`3/15/2018
`
`In the aboveientitled case, the following decision has been rendered 0r judgement issued:
`DECIS ION/JUDGEMENT
`
`CLERK
`
`Frank Johns
`
`(BY) DEPUTY CLERK
`
`Nancy Compton
`
`DATE
`
`Copy l—Upon initiation of action, mail this copy to Director Copy 3—Up0n termination of action, mail this copy to Director
`Copy 2—Up0n filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`EXHIBIT 1002 Page 1 of 399
`Case Sclaucxru08044~RJCuDSC Document 2 EMH @iTSfiDDZDBagé at @f 399
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/944,302
`
`11/18/2015
`
`John Joseph King
`
`CEIC401D1
`
`6303
`
`THE LAW OFFICE OF JOHN J. KING, P.C.
`PO. BOX 1555
`WHEATON, IL 60187-1555
`
`LE,DONP
`
`PAPER NUIVIBER
`
`ART UNIT
`
`2844
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/27/2018
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`JOHN.KING @ JKINGLAWOFFICECOM
`
`PTOL—90A (Rev. 04/07)
`
`EXHIBIT 1002 Page 2 of 399
`EXHIBIT 1002 Page 2 Of 399
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`US. Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`
`Alexandria, Virginia 22313-1450
`
`APPLICATION NO]
`CONTROL NO.
`
`FILING DATE
`
`FIRST NAMED INVENTORI
`PATENT |N REEXAMINATION
`
`ATTORNEY DOCKET NO.
`
`14/944,302
`
`18 November, 2015
`
`KING, JOHN JOSEPH
`
`CEIC401D1
`
`THE LAW OFFICE OF JOHN J. KING, P.C.
`PO. BOX 1555
`WHEATON, IL 60187-1555
`
`EXAMINER
`
`DON LE
`
`
`
`ART UNIT
`
`PAPER
`
`2844
`
`20180322
`
`DATE MAILED:
`
`Please find below and/or attached an Office communication concerning this application or
`proceeding.
`
`Commissioner for Patents
`
`A citation of prior art under 35 U.S.C. 301 and 37 CFR 1.501 has been filed on 03/14/2018 in your patent number 9320122 entitled
`PROGRAMMABLE LIGHT TIMER AND A METHOD OF IMPLEMENTING A PROGAMMABLE LIGHT TIMER.
`
`This notification is being made to inform you that the citation of prior art has been placed in the file wrapper /file history of:
`[X] the above identified patent.
`[ ] reexamination control #
`The person submitting the prior art:
`1.
`[ ] was not identified
`2. [ ] is confidential
`
`3. [X] is Bryce A. Johnson.
`
`AJASON FLICK/
`
`Primary Examiner, TC 3700
`
`
`
`PTO-900 (Rev.04-03)
`
`EXHIBIT 1002 Page 3 of 399
`EXHIBIT 1002 Page 3 of 399
`
`

`

`Doc Code: T501
`
`”0/53/42
`
`Document Description: Prior art submission by a third party under Rule 37
`CFR 1.501 during the period of enforceability ofa patent.
`
`CITATION OF PRIOR ART AND WRI'I'I'EN
`
`App““a“°“ Number
`
`14944302
`
`STATEMENTS IN PATENT FILES
`
`Patent Number
`
`9320122
`
`.
`Cite No
`
`Patent Number
`
`Kind
`Codei
`
`Issue Date
`(YYYY-MM-DD)
`
`First Named Inventor
`
`US. PATENTS
`
`9320122
`4279012
`
`JohnKing
`I2016—04—19
`'- DAVIDBECKEDORFF
`
`U.S. PATENT APPLICATION PUBLICATIONS
`
`Publication Number
`
`(YYYY-MM-DD)
`
`Publication Date
`
`First Named Inventor
`
`publication
`
`FOREIGN PATENTS AND PUBLISHED FOREIGN PATENT APPLICATIONS
`
`.
`C'te No
`
`Foreign Document
`Number3
`
`Country
`Code2
`
`Kind
`Code1
`
`Publication Date Applicant, Patentee or First
`(YYYY-MM-DD)
`Named Inventor
`
`Translation
`
`NON-PATENT PUBLICATIONS (e.g., journal article, Office action)
`
`Author (ifany), title of the publication, page(s) being submitted, publication date,
`publisher (where available), place of publication (where available).
`
`Translation Evidence of
`
`EXHIBIT 1002 Page 4 of 399
`EXHIBIT 1002 Page 4 of 399
`
`

`

`CITATION OF PRIOR ART AND WRITTEN
`
`STATEMENTS IN PATENT FILES
`
`Application Number
`
`14944302
`
`Patent Number
`
`9320122
`
`"Timex Digital ON—OFF Lamp Timer" (published Oct. 14, 2004), Web Page <www.bookofjoe.
`com/2004/10/timex_digita|_o.htm|>, 2 pages, Oct. 18, 2004, retrieved from Internet Archive
`Wayback Machine <http://wayback.archive.org/web> on Feb. 26, 2018
`
`"4980 programmable repeat cycle ON—OFF timer", pages 1—5, Oct. 1, 2010, Artisan Controls
`Corporation, Randolph, New Jersey, U.S.A.
`
`"5100 configurable countdown timer" pages 1—2, Aug. 21, 2013, Artisan Controls Corporation,
`Randolph, New Jersey, U.S.A.
`
`PATENT OWNER CLAIM STATEMENT DOCUMENT
`
`Document Description
`
`Translation Attached
`
`
`
`Complaint, Document #1, pages 1-1 7, Jun. 2, 2016, Cantigny v.Jasco,Case:1:16-
`cv-005794, Northern District Court for the Northern District of Illinois Eastern Division.
`
`Exhibit A, Document #1 -1, pages 1-32, Jun. 2, 201 6, Cantigny v.Jasco,Case:1:16-
`cv-005794, Northern District Court for the Northern District of Illinois Eastern Division.
`
`Exhibit B, Document #1 -2, pages 1-31, Jun. 2, 201 6, Cantigny v.Jasco,Case:1:16-
`cv-005794, Northern District Court for the Northern District of Illinois Eastern Division.
`
`Exhibit C, Document #1-3, pages 1-2, Jun. 2, 2016, Cantigny v.Jasco,Case:1:16-
`cv-005794, Northern District Court for the Northern District of Illinois Eastern Division.
`
`Exhibit D, Document #1 -4, pages 1-3, Jun. 2, 201 6, Cantigny v.Jasco,Case:1:16-
`cv-005794, Northern District Court for the Northern District of Illinois Eastern Division.
`
`Exhibit E, Document #1 -5, pages 1-3, Jun. 2, 201 6, Cantigny v.Jasco,Case:1:16-cv-005794,
`Northern District Court for the Northern District of Illinois Eastern Division.
`
`Exhibit F, Document #1 -6, pages 1-6, Jun. 2, 201 6, Cantigny v.Jasco,Case:1:16-cv-005794,
`Northern District Court for the Northern District of Illinois Eastern Division.
`
`EXHIBIT 1002 Page 5 of 399
`EXHIBIT 1002 Page 5 of 399
`
`

`

`CITATION OF PRIOR ART AND WRITTEN
`
`App““a“°“ Number
`
`9320122
`
`EXPLANATION OF THE PERTINENCE AND MANNER OF APPLYING PRIOR ART
`
`I have attached an explanation ofthe pertinence and manner ofapplying the submitted reference(s) in accordance with 37 CFR 1.501 (b).
`
`STATEMENTS IN PATENT FILES —Patent Number
`
`(ifapplicable)
`
`Name/Print
`
`Bryce A. Johnson
`
`Registration Number
`
`EXHIBIT 1002 Page 6 of 399
`EXHIBIT 1002 Page 6 of 399
`
`

`

`Case: l:15—cv~€35?94 Document #: 1 Fified: fifiiGZilfi Page 1 of l? PagaiD #31
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`
`EASTERN DIVISION
`
`CANTIGNY LIGHTING CONTROL, LLC
`
`Plaintiff,
`
`vs.
`
`Civil Action No. l6-cv-05794
`
`JURY TRIAL DEMANDED
`
`JASCO PRODUCTS COMPANY LLC and
`
`AVI-ON LABS, INC.
`
`Defendant.
`
`
`COMPLAINT FOR PATENT INFRINGMENT
`
`Plaintiff Cantigny Lighting Control, LLC complains of Defendants Jasco Products
`
`Company LLC and Avi-On Labs, Inc. as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Cantigny Lighting Control, LLC (“Cantigny”) is an Illinois limited
`
`liability company having a place of business at 2018 Dorset Drive, Wheaton, Illinois. Cantigny
`
`holds total legal ownership of and has standing to sue for infringement of U.S. Patent No.
`
`9,320,122, entitled “Programmable Light Timer and a Method of Implementing a Programmable
`
`Light Timer,” whose inventor is John King (the “’122 Patent”, attached hereto as Exhibit A).
`
`Cantigny also holds total legal ownership of and has standing to sue for infringement of U.S.
`
`Patent No. 9,226,373, also entitled “Programmable Light Timer and a Method of Implementing a
`
`Programmable Light Timer,” whose inventor is also John King (the ’373 Patent”, attached hereto
`
`as Exhibit B). Jointly, these patents are referred to herein as the “Cantigny Patents.” Cantigny
`
`was formed by Mr. King as a vehicle for the development of consumer products using his
`
`inventions in light timing technology.
`
`EXHIBIT 1002 Page 7 of 399
`EXHIBIT 1002 Page 7 of 399
`
`

`

`Case: l:15—cv~€35?94 Document #: 1 Fified: fifiifiZiifi Page 2 of l? PagaiD #32
`
`2.
`
`Defendant Jasco Products Company LLC (“Jasco”)
`
`is a limited liability
`
`corporation having a principal place of business at 10 E. Memorial Rd., Oklahoma City, OK
`
`73114. Cantigny contends that Jasco’s products infringe at least the ’122 Patent and the ’373
`
`Patent as alleged below. Jasco has previously and is presently making, using, selling, offering for
`
`sale, and/or importing into the United States products that infringe one or more claims of the
`
`’ 122 and ’373 Patents. Jasco has also indirectly infringed the ’373 Patent.
`
`3.
`
`Avi-On Labs, Inc.
`
`(“Avi-On”) is a corporation having a principal place of
`
`business at 2570 Rasmussen Road, Suite 206, Park City, UT 84098. Avi-On has previously and
`
`is presently making, using, selling, offering for sale and/or importing into the United States
`
`products that infringe one or more claims of the ’373 Patent, in collaboration with Jasco. Avi-On
`
`has also indirectly infringed the ’373 Patent.
`
`
`JURISDICTION AND VENUE
`
`4.
`
`This action arises under the patent laws of the United States, e.g., 35 U.S.C. §§
`
`271, 281, 283-285. Subject matterjurisdiction exists under 28 U.S.C. §§ 1331 and 1338(a).
`
`5.
`
`Jasco has transacted business by making, using, selling, or offering to sell and
`
`distributing products that infringe the Cantigny Patents. Such sales and offers to sell include
`
`sales and offers to sell in this judicial district. Accordingly, this Court has personal jurisdiction
`
`over Jasco. Avi-On has also transacted business by making, using, selling, or offering to sell and
`
`distributing products that infringe the Cantigny Patents. Such sales and offers to sale include
`
`sales and offers to sell in this judicial district. Accordingly, this Court has personal jurisdiction
`
`over Avi-On. Venue is proper in this Court under 28 U.S.C. § 1391(c) and/or 1400(b).
`
`EXHIBIT 1002 Page 8 of 399
`EXHIBIT 1002 Page 8 of 399
`
`

`

`Case: l:15—cv~€35?94 Document #: 1 Fified: fifiifiZiifi Page 3 of l? PageiD #33
`
`
`FACTUAL BACKGROUND
`
`6.
`
`Jasco manufactures home electrical products for sale to the public. AVi-On creates
`
`software for use with certain Jasco products, and offers Jasco wirelessly programmable products
`
`for sale on their web site.
`
`7.
`
`Jasco products include a number of home electrical timer products, including the
`
`GE MyTouchSmartT'”I Indoor Plug-In Digital Timer, the GE MyTouchSmartT'”I Indoor/Outdoor
`
`Plug-In Digital Timer, the GE MyTouchSmartT'”I In—Wall Digital Timer, the GE Digital Plug-In
`
`TouchSmartT'”I Timer, and the GE In-Wall TouchSmartT'”I Digital Timer.
`
`8.
`
`Jasco also manufactures a number of Bluetooth enabled timer products, which are
`
`used with the AVi-On software including the GE Plug-in Smart Switch, the GE Plug-in Smart
`
`Dimmer, the GE Plug-in Outdoor Smart Switch, the GE In—Wall Smart Switch and the GE In-
`
`Wall Smart Dimmer. These products are also offered for sale by AVi-On on the AVi-On website,
`
`and operate with AVi-On software.
`
`9.
`
`The infringing products include three different types. The first type of infringing
`
`product permits the user to set the time, and program separate on and off times. This feature is
`
`present in the GE MyTouchSmar‘tT'”I Indoor Plug-In Digital Timer, the GE MyTouchSmar'tT'”I
`
`Indoor/Outdoor Plug-In Digital Timer, and the GE MyTouchSmartT'"I In—Wall Digital Timer and
`
`may include other Jasco products (the “Programmable Timers”). The second type of infringing
`
`product permits the user to set the time and then select between multiple pre-stored timing
`
`patterns. These are the GE MyTouchSmartT'“
`
`Indoor Plug-In Digital Timer,
`
`the GE
`
`MyTouchSmartT'"I Indoor/Outdoor Plug-In Digital Timer, the GE Digital Plug-In TouchSmartTM
`
`Timer, and the GE In—Wall TouchSmartTM Digital Timer and may include other Jasco products
`
`(the “Pre-Stored Timers”). Some products have both of these two feature sets. The third type of
`
`EXHIBIT 1002 Page 9 of 399
`EXHIBIT 1002 Page 9 of 399
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`

`

`Case: l:15—cv~65?94 Document #: 1 Fified: fifiiGZilfi Page 4 of l? PagaiD #34
`
`infringing product
`
`is wirelessly programmable timers, which permit a user to download a
`
`program to them. These are the GE Plug-in Smart Switch, the GE Plug-in Smart Dimmer, the GE
`
`Plug-in Outdoor Smart Switch, the GE In-Wall Smart Switch and the GE In-Wall Smart Dimmer
`
`(the “Wireless Timers”), and may include other Jasco or AVi-On products.
`
`10.
`
`Jasco makes, uses, sells, offers to sell and distributes its products to customers in
`
`the United States.
`
`11.
`
`The infringing Jasco products include the Programmable Timers, the Pre-Stored
`
`Timers, and the Wireless Timers.
`
`12.
`
`The infringing products sold and offered for sale by AVi-On are the Wireless
`
`Timers, and Jasco makes, uses, sells and offers the AVi-On software for sale.
`
`COUNT I
`
`INFRINGEMENT OF THE ’122 PATENT BY THE PROGRAMMABLE TIMERS
`
`13.
`
`Cantigny hereby incorporates paragraphs 1-12 above by reference.
`
`14.
`
`Jasco has directly infringed and continues to directly infringe at least claims 1, 6
`
`and 7 of the ’122 Patent through using, selling and/or importing the Programmable Timers. Jasco
`
`offers the products for sale through their web site and other distribution channels throughout the
`
`United States.
`
`15.
`
`Claim 1 is an infringed claim. Claim 1 is infringed by the Programmable Timers.
`
`The exemplar of infringement is the MyTouchSmartT'”I In-Wall Digital Timer. The preamble of
`
`claim 1
`
`states: “A programmable light
`
`timer
`
`for
`
`implementing a timing pattern,
`
`the
`
`programmable light timer comprising[.]” The MyTouchSmartT'"I In-Wall Digital Timer is a
`
`programmable timer. The use described for the timer on the Jasco website is “replac[ing]
`
`existing light switch.” Exhibit C, Features. Steps two and three of the setup description in Exhibit
`
`EXHIBIT 1002 Page 10 of 399
`EXHIBIT 1002 Page 10 of 399
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`

`

`Case: l:15—cv~€35?94 Document #: 1 Fified: fifiiGZilfi Page 5 of l? PagaiD #35
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`D, demonstrate setting the time and setting custom on and off times, and states that “[a]ll
`
`programmed times will run simultaneously in a 24 hour day.” (Exhibit D).
`
`
`
`The product also explicitly describes controlling lights in step 4, the manual override.
`
`The product is, therefore, a programmable light timer, which implements user-input timing
`
`patterns.
`
`16.
`
`The first element of the claim is “an actuator on a user interface of the
`
`programmable light timer enabling a selection of a time for the programmable light timer.” Step
`
`2 of Exhibit B demonstrates using the actuators (the up and down arrows) to set the time.
`
`
`
`The user interface is the set of control buttons and the display of the timer, as shown in
`
`the picture accompanying step 2. The MyTouchSmartT'“ In-Wall Digital Timer therefore has an
`
`actuator on the interface enabling selection of a time. These same actuators are used both to set
`
`the clock time and to set the program times for the two available user programs.
`
`EXHIBIT 1002 Page 11 of 399
`EXHIBIT 1002 Page 11 of 399
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`

`

`Case: l:15—cv~€35?94 Document #: 1 Fified: fifiifiZiifi Page 8 at l? PagaiD #36
`
`17.
`
`The second element of the claim is “a control circuit coupled to the actuator[.]”
`
`The MyTouchSmartT'”I In-Wall Digital Timer contains circuitry which controls the display of the
`
`clock and the time for programs, and which is connected to the actuators permitting the changing
`
`of both clock time and program time. This circuitry meets the second element of the claim.
`
`18. The third element of the claim is “a display coupled to the control circuit, wherein a
`
`time selected by the actuator is provided on the display[.]” The MyTouchSmartT'”I In—Wall
`
`Digital Timer includes an LCD display which shows the time selected by the actuator both for
`
`clock time and for selected program times. The time selected by the actuator is provided on the
`
`display both during setting of the clock and the programmed “my on” and “my off’ times.
`
`19.
`
`The fourth element of the claim is “a first button on the user interface of the
`
`programmable light timer, wherein the first button is programmable to have an on time[.]” The
`
`“my on” time buttons are each programmable to have an on time.
`
`20.
`
`The final element of the claim is “a second button on the user interface of the
`
`programmable timer, wherein the second button is programmable to have an off time.” The “my
`
`off’ buttons are each programmable to have an off time.
`
`21.
`
`As each element of claim 1
`
`is present in the MyTouchSmartT'”I In-Wall Digital
`
`Timer, claim 1 of the ’ 122 is infringed by the MyTouchSmartT'”I In—Wall Digital Timer. All of the
`
`Programmable Timers infringe this claim.
`
`22.
`
`Claim 6 calls for “The programmable light timer of claim 1 further comprising a
`
`third button having a pre-stored timing pattern.” The GE MyTouchSmartT'”I Indoor Plug-In
`
`Digital Timer and the GE MyTouchSmartT'”I Indoor/Outdoor Plug-In Digital Timer each have
`
`such a third button, including programs such as “evening” or “morning”. These two products
`
`also infringe claim 6.
`
`EXHIBIT 1002 Page 12 of 399
`EXHIBIT 1002 Page 12 of 399
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`

`

`Case: l:15—cv~€35?94 Document #: 1 Fified: fifiiGZilfi Page 7! of l? PagaiD #37"
`
`23.
`
`Claim 7 calls for “The programmable timer of claim 1 further comprising a switch
`
`enabling overriding the timing pattern implemented by the programmable light timer.” The ‘on’
`
`switch on the MyTouchSmartT'"I
`
`In—Wall Digital Timer overrides the timing pattern. The
`
`MyTouchSmartT'“ In—Wall Digital Timer infringes claim 7.
`
`COUNT II
`
`INFRINGEMENT OF THE ’122 PATENT BY THE PRE-STORED TIMERS
`
`24.
`
`Cantigny hereby incorporates paragraphs 1-23 above by reference.
`
`25.
`
`Jasco has also directly infringed and continues to directly infringe at least claims
`
`8, 9, 10, 11, 12, 13, and 14 of the ’122 Patent through using, selling and/or importing the
`
`Programmable Timers. Jasco offers the products for sale through their web site and other
`
`distribution channels throughout the United States.
`
`26.
`
`Claim 8 is an infringed claim. Claim 8 is infringed by the Pre-Stored Timers. The
`
`exemplar of infringement
`
`is the GE MyTouchSmartT'”I Indoor Plug-In Digital Timer. The
`
`preamble of claim 1 states: “A programmable light timer for implementing a timing pattern, the
`
`programmable light timer comprising[.]” The GE MyTouchSmartT'”I Indoor Plug-In Digital
`
`Timer is a programmable timer. Like the other Jasco products, the use for the timer is to control
`
`lighting products. Step II of the setup description in Exhibit E, demonstrates selection and use of
`
`pre-stored programs that “run individually or simultaneously” (Exhibit E).
`
`EXHIBIT 1002 Page 13 of 399
`EXHIBIT 1002 Page 13 of 399
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`

`

`Case: l:15—cv~€35?94 Document #: 1 Fified: fifiiGZilfi Page 8 of l? PagaiD #38
`
`
`
`The product is, therefore, a programmable light timer for implementing a timing pattern.
`
`27.
`
`The first element of the claim is “an actuator on a user interface of the
`
`programmable light timer enabling a selection of a time for the programmable light timer.” Step
`
`2 of Exhibit E demonstrates using the actuators (the up and down arrows) to set the time.
`
`
`
`The user interface is the set of control buttons and the display of the timer, as shown in
`
`the picture accompanying step 2. The GE MyTouchSmartT'”I Indoor Plug-In Digital Timer
`
`therefore has an actuator on the interface enabling selection of a time. These same actuators are
`
`used both to set the clock time and to set the program times for the user programs.
`
`28.
`
`The second element of the claim is “a control circuit coupled to the actuator[.]”
`
`The GE MyTouchSmartT'”I Indoor Plug-In Digital Timer contains circuitry which controls the
`
`EXHIBIT 1002 Page 14 of 399
`EXHIBIT 1002 Page 14 of 399
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`

`

`Case: l:15—cv~€35?94 Document #: 1 Fified: fifiifiZilfi Page g of l? PagaiD #39
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`display of the clock and the time for programs, and which is connected to the actuators
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`permitting the changing of both clock time and program time. This circuitry meets the second
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`element of the claim.
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`29. The third element of the claim is “a display coupled to the control circuit, wherein a
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`time selected by the actuator is provided on the display[.]” The GE MyTouchSmartT'“I Indoor
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`Plug-In Digital Timer includes an LCD display which shows the time selected by the actuator
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`both for clock time and for selected program times. The time selected by the actuator is provided
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`on the display both during setting of the clock and the programmed “my on” and “my off” times.
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`30.
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`The fourth element of the claim is “a first button on the user interface of the
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`programmable light timer, the first button enabling the selection of a first pre-stored timing
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`pattem[.]” The “evening” button enables the selection of a preset schedule from 5 pm to
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`midnight.
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`31.
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`The final element of the claim is “a second button on the user interface of the
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`programmable timer, the second button enabling the selection of a second pre-stored timing
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`pattern.” The “morning” button enables the selection of a preset schedule from 5 am to 8 am.
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`32.
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`As each element of claim 8 is present in the GE MyTouchSmartT'”I Indoor Plug-In
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`Digital Timer, claim 8 of the ’122 is infringed by the GE MyTouchSmartT'"I Indoor Plug-In
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`Digital Timer. All of the Pre-Stored Timers infringe this claim.
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`33.
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`Claim 9 calls for “The programmable light timer of claim 8 further comprising a
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`third button that is user-programmable.” Each of the Pre-Stored Timers which include the my on
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`time and my off time features also infringes this claim, as they have a third (and fourth) button
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`which is user-programmable. This includes the GE MyTouchSmartT'”I Indoor Plug-In Digital
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`Timer and the GE MyTouchSmartT'“I Indoor/Outdoor Plug-In Digital Timer.
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`EXHIBIT 1002 Page 15 of 399
`EXHIBIT 1002 Page 15 of 399
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`Case: 1:16~cv-€35?§4 Document if: 1 FiEed: Gfiiiflilfi Page ii) of l? PageiD #316
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`34.
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`Claim 10 calls for “The programmable light timer of claim 9 wherein the third
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`button is programmable with a user-programmable on time.” Each of the GE MyTouchSmartT'”I
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`Indoor Plug-In Digital Timer and the GE MyTouchSmartT'”I Indoor/Outdoor Plug-In Digital
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`Timer has the my on time button, which is programmable with an on time. Each of the GE
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`MyTouchSmartTM Indoor Plug-In Digital Timer and the GE MyTouchSmartT'“I Indoor/Outdoor
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`Plug-In Digital Timer infringe claim 10.
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`35.
`
`Claim 11 calls for “The programmable light timer of claim 10 further comprising
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`a fourth button that is user programmable.” Each of the GE MyTouchSmartT'”I Indoor Plug-In
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`Digital Timer and the GE MyTouchSmartT'”I Indoor/Outdoor Plug-In Digital Timer have a fourth
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`button that is programmable, the my off time button, and infringe claim 11.
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`36.
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`Claim 12 calls for “The programmable light timer of claim 11 wherein the fourth
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`button is programmable with a user programmable an off time.” The GE MyTouchSmartT'”I
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`Indoor Plug-In Digital Timer and the GE MyTouchSmartT'”I Indoor/Outdoor Plug-In Digital
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`Timer my off time button is so programmable, and they each infringe claim 12.
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`37.
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`Claim 13 calls for “The programmable light timer of claim 8 wherein the actuator
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`enables an up or down operation for selecting a time used by the programmable light timer.” All
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`of the Pre-Stored Timers contain this feature, with both clock time and program times set using
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`the up and down arrow actuators in each product.
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`38.
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`Claim 14 calls for “The programmable light timer of claim 8 further comprising a
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`switch enabling overriding the timing pattern implemented by the programmable light timer.”
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`Each of the the GE Digital Plug-In TouchSmartT'"I Timer, and the GE In-Wall TouchSmartT'“I
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`Digital Timer include this feature, with dedicated on and off buttons used to manually control the
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`device plugged into the timer.
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`10
`
`EXHIBIT 1002 Page 16 of 399
`EXHIBIT 1002 Page 16 of 399
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`Case: 1:16~cv-€35?§4 Document if: 1 $1196: Gfiiiflilfi Page 11 of l? PageiD #311
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`INFRINGEMENT OF THE ’373 PATENT BY THE WIRELESS TIMERS
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`COUNT III
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`39.
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`Cantigny hereby incorporates paragraphs 1-38 above by reference.
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`40.
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`Jasco and Avi-On have infringed and continue to infringe, both directly and
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`indirectly under 35 U.S.C. §§ 271(b) and 271(c) (inducement and contributory infringement), at
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`least claims 1, 4, 5, 6, 7, 8, 10, 11, 12, 13, and 14 of the ’373 Patent through using, selling,
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`offering to sell and/or importing the Wireless Timers and the Avi-On software. Jasco offers the
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`products for sale through their web site and other distribution channels throughout the United
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`States. Jasco expressly instructs the use of the Avi-On software with the Wireless Timers,
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`specifically including iOS or Android and Bluetooth capability. Avi-On also sells and offers the
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`Wireless Timers for sale through their web site, and provides the software and instructions for its
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`use for download, along with expressly instructing the use of iOS or Android devices with
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`Bluetooth capability for their control software. At least through service of this Complaint, Jasco
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`and Avi-On have knowledge of the ’373 Patent, and notice of the reasons for infringement.
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`41.
`
`Claim 1 is an infringed claim. The exemplar of infringement is the GE Plug-In
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`Smart Dimmer. The preamble of claim 1 states, “A programmable light timer for implementing a
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`timing pattern, the programmable light timer comprising[.]” The GE Plug-In Smart Dimmer is a
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`device to “wirelessly control lights from your smartphone or tablet,” and to “control, adjust
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`brightness and schedule table and floor lamps.” Exhibit F, Product Box for GE Plug-In Smart
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`Dimmer. It is programmable using the Avi-On software to load timing patterns into its memory,
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`via a Bluetooth connection from a Bluetooth device such as an Android product or iPhone. It
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`plugs into the wall and is a light timer between the wall circuit and the light, which is in turn
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`plugged into the socket on the side of the GE Plug-In Smart Dimmer.
`
`ll
`
`EXHIBIT 1002 Page 17 of 399
`EXHIBIT 1002 Page 17 of 399
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`..\.
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`42.
`
`The first element of claim 1 calls for “a memory storing at least one timing
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`pattern, the at least one timing pattern having one or more on/off settings for a time period[.]”
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`The GE Plug-In Smart Dimmer contains memory which stores the programs input from the Avi-
`
`On software. This includes on and off times, as well as days of the week for which the pattern
`
`should be enabled.
`
`
`
`43.
`
`The second element of claim 1 calls for “a wireless communication circuit
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`configured to receive, using a wireless communication protocol, the at least one timing pattern
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`selected on a user interface of a wireless device having a corresponding wireless communication
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`circuit, the user interface enabling the selection of the at least one timing pattem[.]” The GE
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`Plug-In Smart Dimmer contains a Bluetooth communications circuit over which it receives the
`
`12
`
`EXHIBIT 1002 Page 18 of 399
`EXHIBIT 1002 Page 18 of 399
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`programming from the Avi-On wireless device, which may be used to select and send the
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`program (the timing pattern) to the GE Plug-In Smart Dimmer. Any allowed wireless device also
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`contains the Bluetooth circuit required to connect to the GE Plug-In Smart Dimmer. Both Jasco
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`and Avi-On specifically teach and encourage the use of iOs and Android products to be used
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`with the Avi-On software and the Wireless Timers.
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`44.
`
`The third element of claim 1 calls for “wherein the user interface is configured to
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`receive a security code enabling the downloading of the timing pattern to the memory using the
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`wireless communication protocol.” In the case of the Avi-On user interface, the Avi-On software
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`provides a login page, including a password. The password permits the downloading of timing
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`pattern to the GE Plug-In Smart Dimmer once it is claimed by a given user.
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`
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`Other users may not download timing patterns to the device without the use of the proper login.
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`This is a security code enabling the downloading of the timing pattern.
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`45.
`
`As each element of claim 1 is present in the GE Plug-In Smart Dimmer, claim 1
`
`of the ’373 Patent is infringed by the GE Plug-In Smart Dimmer. All of the Wireless Timers
`
`infringe this claim.
`
`13
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`EXHIBIT 1002 Page 19 of 399
`EXHIBIT 1002 Page 19 of 399
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`46.
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`Claim 3 calls for “The programmable light timer of claim 1 wherein the user
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`interface enables the selection of dusk as an on time of the at least one timing pattern.” This is
`
`permitted, as programs may be set to begin or end at sunrise or sunset.
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`
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`Claim 3 is infringed by the Wireless Timers.
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`47.
`
`Claim 4 calls for “The programmable light
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`timer of claim 1 wherein the
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`programmable light timer does not include a display.” None of the Wireless Timers include a
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`display. All of the Wireless Timers infringe claim 4.
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`48.
`
`The Wireless Timers permit the use of multiple schedules (up to 7) which may be
`
`set to run on multiple days of the week, each of which may be separately determined by the user.
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`As such, the Wireless Times also infringe claim 5 which calls for “The programmable light timer
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`of claim 1 wherein the user interface enables the selection of a first on time and a first off time
`
`for a first plurality of days of the week.”
`
`49.
`
`Claim 6 calls for “The programmable light timer of claim 5 wherein the user
`
`interface enables the selection of a second on time and a second off time for a second plurality of
`
`days of the week.” Because the Wireless Timers permit up to seven schedules to run, each of
`
`which may cover multiple days of the week, they infringe claim 6 as well.
`
`14
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`EXHIBIT 1002 Page 20 of 399
`EXHIBIT 1002 Page 20 of 399
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`50.
`
`Claim 7 calls for “The programmable light timer of claim 1 wherein the user
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`interface enables an astronomic time for one of the on time or the off time.” As sunrise and
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`sunset may be used as any of start or end times in the Wireless Timers, they also infringe this
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`claim.
`
`51.
`
`Claim 8 is an infringed claim. The exemplar of infringement is the GE Plug-In
`
`Smart Dimmer. The preamble of claim 8 states, “A programmable light timer for implementing a
`
`timing pattern, the programmable light timer comprising[.]” The GE Plug-In Smart Dimmer is a
`
`device to “wirelessly control lights from your smartphone or tablet,” and to “control, adjust
`
`brightness and schedule table and floor lamps.” Exhibit E, Product Box for GE Plug-In Smart
`
`Dimmer. The GE Plug-In Smart Dimmer is programmable using the Avi-On software to load
`
`timing patterns into its memory, via a Bluetooth connection from a Bluetooth device such as an
`
`Android product or iPhone. It plugs into the wall and is a light timer between the wall circuit and
`
`the light, which is in turn plugged into the socket on the side of the GE Plug-In Smart Dimmer.
`
`52.
`
`The first element of claim 8 calls for “a memory storing at least one timing
`
`pattern, the at least one timing pattern having one or more on/off settings for a time period[.]” As
`
`described above, the GE Plug-In Smart Dimmer contains memory which stores the programs
`
`input from the AVi-On software. This includes on and off times, as well as days of the week for
`
`which the pattern should be enabled.
`
`53.
`
`The second element of claim 8 calls for “a wireless communication circuit
`
`coupled to receive the at least one timing pattern[.]” The GE Plug-In Smart Dimmer contains a
`
`Bluetooth communications circuit which is coupled to the memory, and over which it receives
`
`the programming from the Avi-On