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`Case: IPR2018-01592
`Patent No.: 9,320,122
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`EXHIBIT 1004
`
`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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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 1 of 17 PagelD #:1
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`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:
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`THE PARTIES
`
`1.
`
`Plaintiff Cantigny Lighting Control, LLC (“Cantigny”) is an Illinois limited
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`liability company having a place of business at 2018 Dorset Drive, Wheaton, Illinois. Cantigny
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`holds total legal ownership of and has standing to sue for infringement of U.S. Patent No.
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`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.
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`EXHIBIT 1004 Page 1 of 17
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`EXHIBIT 1004 Page 1 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 2 of 17 PagelD #:2
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`2.
`
`Defendant Jasco Products Company LLC (“Jasco”)
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`is a limited liability
`
`corporation having a principal place of business at 10 E. Memorial Rd., Oklahoma City, OK
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`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
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`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.
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`JURISDICTION AND VENUE
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`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
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`distributing products that infringe the Cantigny Patents. Such sales and offers to sell include
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`sales and offers to sell in this judicial district. Accordingly, this Court has personal jurisdiction
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`over Jasco. Avi-On has also transacted business by making, using, selling, or offering to sell and
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`distributing products that infringe the Cantigny Patents. Such sales and offers to sale include
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`sales and offers to sell in this judicial district. Accordingly, this Court has personal jurisdiction
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`over Avi-On. Venue is proper in this Court under 28 U.S.C. § 1391(c) and/or 1400(b).
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`EXHIBIT 1004 Page 2 of 17
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`EXHIBIT 1004 Page 2 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 3 of 17 PagelD #:3
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`
`FACTUAL BACKGROUND
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`6.
`
`Jasco manufactures home electrical products for sale to the public. AVi-On creates
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`software for use with certain Jasco products, and offers Jasco wirelessly programmable products
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`for sale on their web site.
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`7.
`
`Jasco products include a number of home electrical timer products, including the
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`GE MyTouchSmartT'”I Indoor Plug-In Digital Timer, the GE MyTouchSmartT'”I Indoor/Outdoor
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`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.
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`8.
`
`Jasco also manufactures a number of Bluetooth enabled timer products, which are
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`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,
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`and operate with AVi-On software.
`
`9.
`
`The infringing products include three different types. The first type of infringing
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`product permits the user to set the time, and program separate on and off times. This feature is
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`present in the GE MyTouchSmartT'"I Indoor Plug-In Digital Timer, the GE MyTouchSmartT'”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
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`product permits the user to set the time and then select between multiple pre-stored timing
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`patterns. These are the GE MyTouchSmartT'“
`
`Indoor Plug-In Digital Timer,
`
`the GE
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`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
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`EXHIBIT 1004 Page 3 of 17
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`EXHIBIT 1004 Page 3 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 4 of 17 PagelD #:4
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`infringing product
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`is Wirelessly programmable timers, which permit a user to download a
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`program to them. These are the GE Plug-in Smart Switch, the GE Plug-in Smart Dimmer, the GE
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`Plug-in Outdoor Smart Switch, the GE In-Wall Smart Switch and the GE In-Wall Smart Dimmer
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`(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
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`the United States.
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`11.
`
`The infringing Jasco products include the Programmable Timers, the Pre-Stored
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`Timers, and the Wireless Timers.
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`12.
`
`The infringing products sold and offered for sale by AVi-On are the Wireless
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`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
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`offers the products for sale through their web site and other distribution channels throughout the
`
`United States.
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`15.
`
`Claim 1 is an infringed claim. Claim 1 is infringed by the Programmable Timers.
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`The exemplar of infringement is the MyTouchSmartT'”I In-Wall Digital Timer. The preamble of
`
`claim 1
`
`states: “A programmable light
`
`timer
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`for
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`implementing a timing pattern,
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`the
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`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
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`EXHIBIT 1004 Page 4 of 17
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`EXHIBIT 1004 Page 4 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 5 of 17 PagelD #:5
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`D, demonstrate setting the time and setting custom on and off times, and states that “[a]ll
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`programmed times will run simultaneously in a 24 hour day.” (Exhibit D).
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`
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`The product also explicitly describes controlling lights in step 4, the manual override.
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`The product is, therefore, a programmable light timer, which implements user-input timing
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`patterns.
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`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.
`
`
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`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.
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`EXHIBIT 1004 Page 5 of 17
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`EXHIBIT 1004 Page 5 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 6 of 17 PagelD #:6
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`17.
`
`The second element of the claim is “a control circuit coupled to the actuator[.]”
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`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
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`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
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`time selected by the actuator is provided on the display[.]” The MyTouchSmartT'”I In—Wall
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`Digital Timer includes an LCD display which shows the time selected by the actuator both for
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`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.
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`19.
`
`The fourth element of the claim is “a first button on the user interface of the
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`programmable light timer, wherein the first button is programmable to have an on time[.]” The
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`“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
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`programmable timer, wherein the second button is programmable to have an off time.” The “my
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`off’ buttons are each programmable to have an off time.
`
`21.
`
`As each element of claim 1
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`is present in the MyTouchSmartT'”I In-Wall Digital
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`Timer, claim 1 of the ’ 122 is infringed by the MyTouchSmartT'”I In—Wall Digital Timer. All of the
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`Programmable Timers infringe this claim.
`
`22.
`
`Claim 6 calls for “The programmable light timer of claim 1 further comprising a
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`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
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`such a third button, including programs such as “evening” or “morning”. These two products
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`also infringe claim 6.
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`EXHIBIT 1004 Page 6 of 17
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`EXHIBIT 1004 Page 6 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 7 of 17 PagelD #:7
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`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’
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`switch on the MyTouchSmartT'"I
`
`In—Wall Digital Timer overrides the timing pattern. The
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`MyTouchSmartT'“ In—Wall Digital Timer infringes claim 7.
`
`COUNT II
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`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
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`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
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`lighting products. Step II of the setup description in Exhibit E, demonstrates selection and use of
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`pre-stored programs that “run individually or simultaneously” (Exhibit E).
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`EXHIBIT 1004 Page 7 of 17
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`EXHIBIT 1004 Page 7 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 8 of 17 PagelD #:8
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`
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`The product is, therefore, a programmable light timer for implementing a timing pattern.
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`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 1004 Page 8 of 17
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`EXHIBIT 1004 Page 8 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 9 of 17 PagelD #:9
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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
`
`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
`
`time selected by the actuator is provided on the display[.]” The GE MyTouchSmartT'“I Indoor
`
`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
`
`on the display both during setting of the clock and the programmed “my on” and “my off” times.
`
`30.
`
`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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`pattern[.]” The “evening” button enables the selection of a preset schedule from 5 pm to
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`midnight.
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`31.
`
`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
`
`pattern.” The “morning” button enables the selection of a preset schedule from 5 am to 8 am.
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`32.
`
`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
`
`Digital Timer. All of the Pre-Stored Timers infringe this claim.
`
`33.
`
`Claim 9 calls for “The programmable light timer of claim 8 further comprising a
`
`third button that is user-programmable.” Each of the Pre-Stored Timers which include the my on
`
`time and my off time features also infringes this claim, as they have a third (and fourth) button
`
`which is user-programmable. This includes the GE MyTouchSmartT'"I Indoor Plug-In Digital
`
`Timer and the GE MyTouchSmartT'“I Indoor/Outdoor Plug-In Digital Timer.
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`EXHIBIT 1004 Page 9 of 17
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`EXHIBIT 1004 Page 9 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 10 of 17 PagelD #:10
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`34.
`
`Claim 10 calls for “The programmable light timer of claim 9 wherein the third
`
`button is programmable with a user-programmable on time.” Each of the GE MyTouchSmartT'”I
`
`Indoor Plug-In Digital Timer and the GE MyTouchSmartT'”I Indoor/Outdoor Plug-In Digital
`
`Timer has the my on time button, which is programmable with an on time. Each of the GE
`
`MyTouchSmartTM Indoor Plug-In Digital Timer and the GE MyTouchSmartT'“I Indoor/Outdoor
`
`Plug-In Digital Timer infringe claim 10.
`
`35.
`
`Claim 11 calls for “The programmable light timer of claim 10 further comprising
`
`a fourth button that is user programmable.” Each of the GE MyTouchSmartT'”I Indoor Plug-In
`
`Digital Timer and the GE MyTouchSmartT'”I Indoor/Outdoor Plug-In Digital Timer have a fourth
`
`button that is programmable, the my off time button, and infringe claim 11.
`
`36.
`
`Claim 12 calls for “The programmable light timer of claim 11 wherein the fourth
`
`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.
`
`37.
`
`Claim 13 calls for “The programmable light timer of claim 8 wherein the actuator
`
`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
`
`the up and down arrow actuators in each product.
`
`38.
`
`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.
`
`10
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`EXHIBIT 1004 Page 10 of 17
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`EXHIBIT 1004 Page 10 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 11 of 17 PagelD #:11
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`
`INFRINGEMENT OF THE ’373 PATENT BY THE WIRELESS TIMERS
`
`COUNT III
`
`39.
`
`Cantigny hereby incorporates paragraphs 1-38 above by reference.
`
`40.
`
`Jasco and Avi-On have infringed and continue to infringe, both directly and
`
`indirectly under 35 U.S.C. §§ 271(b) and 271(c) (inducement and contributory infringement), at
`
`least claims 1, 4, 5, 6, 7, 8, 10, ll, 12, 13, and 14 of the ’373 Patent through using, selling,
`
`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
`
`States. Jasco expressly instructs the use of the Avi-On software with the Wireless Timers,
`
`specifically including iOS or Android and Bluetooth capability. Avi-On also sells and offers the
`
`Wireless Timers for sale through their web site, and provides the software and instructions for its
`
`use for download, along with expressly instructing the use of iOS or Android devices with
`
`Bluetooth capability for their control software. At least through service of this Complaint, Jasco
`
`and Avi-On have knowledge of the ’373 Patent, and notice of the reasons for infringement.
`
`41.
`
`Claim 1 is an infringed claim. The exemplar of infringement is the GE Plug-In
`
`Smart Dimmer. The preamble of claim 1 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 F, Product Box for GE Plug-In Smart
`
`Dimmer. It 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.
`
`ll
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`EXHIBIT 1004 Page 11 of 17
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`EXHIBIT 1004 Page 11 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 12 of 17 PagelD #:12
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`
`
`42.
`
`The first element of claim 1 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[.]”
`
`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.
`
`u.--.._: mu $—
`
`2:115 Pu
`
`4 l : arm—-
`
`< Schedules
`
`
`
`Edit Name
`
`Living Room Lamp
`-..-
`
`1
`
`3
`
`q
`
`6
`I"
`
`8
`
`9
`
`5
`
`4
`
`3
`
`1 12 11 1°
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`43.
`
`The second element of claim 1 calls for “a wireless communication circuit
`
`configured to receive, using a wireless communication protocol, the at least one timing pattern
`
`selected on a user interface of a wireless device having a corresponding wireless communication
`
`circuit, the user interface enabling the selection of the at least one timing pattem[.]” The GE
`
`Plug-In Smart Dimmer contains a Bluetooth communications circuit over which it receives the
`
`12
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`EXHIBIT 1004 Page 12 of 17
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`EXHIBIT 1004 Page 12 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 13 of 17 PagelD #:13
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`programming from the Avi-On wireless device, which may be used to select and send the
`
`program (the timing pattern) to the GE Plug-In Smart Dimmer. Any allowed wireless device also
`
`contains the Bluetooth circuit required to connect to the GE Plug-In Smart Dimmer. Both Jasco
`
`and Avi-On specifically teach and encourage the use of iOs and Android products to be used
`
`with the Avi-On software and the Wireless Timers.
`
`44.
`
`The third element of claim 1 calls for “wherein the user interface is configured to
`
`receive a security code enabling the downloading of the timing pattern to the memory using the
`
`wireless communication protocol.” In the case of the Avi-On user interface, the Avi-On software
`
`provides a login page, including a password. The password permits the downloading of timing
`
`pattern to the GE Plug-In Smart Dimmer once it is claimed by a given user.
`
`ovl-on
`
`
`
`Other users may not download timing patterns to the device without the use of the proper login.
`
`This is a security code enabling the downloading of the timing pattern.
`
`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 1004 Page 13 of 17
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`EXHIBIT 1004 Page 13 of 17
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`Case: 1:16-cv-05794 Document #: 1 Filed: 06/02/16 Page 14 of 17 PagelD #:14
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`46.
`
`Claim 3 calls for “The programmable light timer of claim 1 wherein the user
`
`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.
`
`2158 PM
`
`1' I $ 2n“:-
`
`"w.- .(YII 3‘
`( Schedules
`
`Edit Name
`
`Living Room Lamp
`
`2
`
`‘I
`
`12 11 1D
`
`Claim 3 is infringed by the Wireless Timers.
`
`47.
`
`Claim 4 calls for “The programmable light
`
`timer of claim 1 wherein the
`
`programmable light timer does not include a display.” None of the Wireless Timers include a
`
`display. All of the Wireless Timers infringe claim 4.
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`48.
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`The Wireless Timers permit the use of multiple schedules (up to 7) which may be
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`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
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`for a first plurality of days of the week.”
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`49.
`
`Claim 6 calls for “The programmable light timer of claim 5 wherein the user
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`interface enables the selection of a second on time and a second off time for a second plurality of
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`days of the week.” Because the Wireless Timers permit up to seven schedules to run, each of
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`which may cover multiple days of the week, they infringe claim 6 as well.
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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.
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`51.
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`Claim 8 is an infringed claim. The exemplar of infringement is the GE Plug-In
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`Smart Dimmer. The preamble of claim 8 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 E, Product Box for GE Plug-In Smart
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`Dimmer. The GE Plug-In Smart Dimmer is programmable using the Avi-On software to load
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`timing patterns into its memory, via a Bluetooth connection from a Bluetooth device such as an
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`Android product or iPhone. It plugs into the wall and is a light timer between the wall circuit and
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`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
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`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
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`which the pattern should be enabled.
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`53.
`
`The second element of claim 8 calls for “a wireless communication circuit
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`coupled to receive the at least one timing pattern[.]” The GE Plug-In Smart Dimmer contains a
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`Bluetooth communications circuit which is coupled to the memory, and over which it receives
`
`the 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.
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`54.
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`The third element of claim 8 calls for “a control circuit coupled to the wireless
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`communication circuit and enabling receiving the at least one timing pattern from a wireless
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`device, wherein the wireless device comprises a user interface configured to receive a security
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`code enabling the downloading of the timing pattern from the wireless device to the
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`programmable light
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`timer.” As described above,
`
`the GE Plug-In Smart Dimmer receives
`
`programs from the Avi-On software only once it has been claimed, and once the proper login is
`
`entered. The control circuit in the GE Plug-In Smart Dimmer permits the downloading of timing
`
`pattern to the GE Plug-In Smart Dimmer once it is claimed by a given user but precludes such
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`downloads if the improper login is used, as described above.
`
`55.
`
`As each element of claim 8 is present in the GE Plug-In Smart Dimmer, claim 8
`
`of the ’373 Patent is infringed by the GE Plug-In Smart Dimmer. All of the Wireless Timers
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`infringe this claim.
`
`56.
`
`Claims 10, 11, 12, 13 and 14 are also infringed by the Wireless Timers, as
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`described above in paragraphs 46 and 48-50.
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`57.
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`Additional products may infringe additional claims of the Cantigny Patents or
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`additional patents owned by Cantigny and be determined during discovery in this case. Cantigny
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`reserves the right to amend the pleadings to state additional claims for infringement.
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff Cantigny asks this Court
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`to enter judgment against Jasco
`
`Products, LLC and Avi-On Labs, Inc. and against their respective subsidiaries, affiliates, agents,
`
`servants, employees and all persons in active concert or participation with it, granting the
`
`following relief:
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`A.
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`An award of damages adequate to compensate Cantigny for the infringement that
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`has occurred,
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`together with prejudgment
`
`interest from the date infringement
`
`B.
`
`C.
`
`D.
`
`began and statutory costs;
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`An award to Cantigny of all remedies available under 35 U.S.C. § 284;
`
`An award to Cantigny of all remedies available under 35 U.S.C. § 285;
`
`A permanent
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`injunction prohibiting further
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`infringement,
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`inducement and
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`contributory infringement of the Cantigny Patents; and,
`
`E.
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`Such other and further relief as this Court or a jury may deem proper and just.
`
`JURY DEMAND
`
`Cantigny demands a trial by jury on all issues so triable.
`
`Dated:
`
`June 2, 2016
`
`Cantigny Lighting Control, LLC
`
`
`William W. Flachsbart
`By: /s/ William W. Flachsbart
`William W. Flachsbart
`
`Robert P. Greenspoon
`FLACHSBART & GREENSPOON, LLC
`333 North Michigan Avenue, Ste 2700
`Chicago, IL 60601
`T: 312-551-9500
`
`F: 312-551-9501
`
`Attorneys for Plaintiff
`Cantigny Lighting Control, LLC
`
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`