Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 1 of 43 PageID #: 1
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
`CIVIL ACTION NO. 18-cv-386
`
`§§§§§§§§§§
`
`
`
`SEOUL SEMICONDUCTOR CO.,
`LTD. and SEOUL VIOSYS CO., LTD.
`
`
`
`v.
`
`FRY’S ELECTRONICS, INC.
`
`
`
`
`Plaintiffs,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`
`
`
`
`Plaintiffs Seoul Semiconductor Co., Ltd. (“Seoul Semiconductor”) and Seoul Viosys Co.,
`
`Ltd. (“Seoul Viosys”), (collectively “Plaintiffs”) for their Complaint against Defendant Fry’s
`
`Electronics, Inc. (“Fry’s”) allege as follows:
`
`INTRODUCTION
`
`1.
`
`Plaintiffs bring this patent infringement action to protect their valuable patented
`
`technology relating to light-emitting diodes (“LEDs”) and LED technology in lighting and
`
`televisions. An LED is a semiconductor device that converts electrical energy into light. LEDs
`
`have many advantages over conventional light sources, including lower energy consumption,
`
`longer lifetime, and smaller size.
`2.
`
`Seoul Semiconductor was founded in 1992 with around 30 employees in a small
`
`space of a commercial building in Bongchen-dong, Seoul. From those 30 employees, Seoul
`
`Semiconductor grew into one of the largest manufacturers of LEDs in the world. Seoul Viosys is
`
`also a leading company in the LED industry and an affiliate company of Seoul Semiconductor.
`3.
`
`Seoul Semiconductor’s success is in large part due to its significant investment in
`
`innovation and respect for intellectual property. Seoul Semiconductor has invested in research
`
`1
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`

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`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 2 of 43 PageID #: 2
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`and development (“R&D”) for the last two decades. Seoul Semiconductor invests over 10% of
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`sales revenue into R&D and owns one of the largest LED patent portfolios in the world, which
`
`includes more than 10,000 patents worldwide.
`
`THE PARTIES
`
`4.
`
`Plaintiff Seoul Semiconductor is a company organized and existing under the
`
`laws of the Republic of Korea, with its principal place of business at 1B-25, 727, Wonsi-dong,
`
`Danwon-gu, Ansan-city, Gyeonggi-do, Korea 425-851.
`5.
`
`Plaintiff Seoul Viosys is a company organized and existing under the laws of the
`
`Republic of Korea, with its principal place of business at 65-16, Sandan-ro163beon-gil, Danwon-
`
`gu, Ansan-si, Gyeonggi-do, Korea 425-851.
`6.
`
`On information and belief, Fry’s is a company organized and existing under the
`
`laws of the State of California with its principal place of business at 600 East Brokaw Road, San
`
`Jose, California 95112.
`7.
`
`On information and belief, Fry’s is in the business of offering for sale, selling and
`
`distributing lighting products including light products based on LED technology and offering for
`
`sale, sell and distributing televisions including televisions based on LED technology.
`8.
`
`Among Fry’s television products are the RCA LED TV LED24G45RQ, the RCA
`
`LED TV LED55C55R120Q, and the RCA LED TV LED60B55R120Q.
`9.
`
`An image of the packaging for the RCA LED TV LED24G45RQ television is
`
`provided below left. An image of the RCA LED TV LED24G45RQ television is provided below
`
`right.
`
`2
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`

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`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 3 of 43 PageID #: 3
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`An image of the packaging for the RCA LED TV LED55C55R120Q television is
`
`10.
`
`provided below left. An image of the RCA LED TV LED55C55R120Q television is provided
`
`below right.
`
`
`An image of the RCA LED TV LED60B55R120Q television is provided below.
`
`11.
`
`
`Among Fry’s lighting products are the Ottlite LED Task Lamp 290G59, NTE
`
`12.
`
`LED Wall Light 69-LL-10, and the NTE LED Light Bar 69-LL-15.
`13.
`
`An image of the packaging for the Ottlite LED Task Lamp 290G59 is provided
`
`below left. An image of the Ottlite LED Task Lamp 290G59 is provided below right.
`
`3
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`

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`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 4 of 43 PageID #: 4
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`
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`An image of the packaging for the NTE LED Wall Light 69-LL-10 is provided
`
`14.
`
`below left. An image of the NTE LED Wall Light 69-LL-10 is provided below right.
`
`
`
`The first image below is of the packaging for the NTE LED Light Bar 69-LL-15.
`
`15.
`
`The second image below is of the NTE LED Light Bar 69-LL-15.
`
`
`
`4
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`

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`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 5 of 43 PageID #: 5
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`JURISDICTION AND VENUE
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`
`
`16.
`
`This is an action for patent infringement, under the patent laws of the United
`
`States, 35 U.S.C. § 271 et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§1331
`
`and 1338(a).
`17.
`
`This Court has personal jurisdiction over Fry’s and, upon information and belief,
`
`is amenable to service via its registered agent Phillip L. Sampson, Jr. located at Bracewell &
`
`Giuliani, L.L.P., 711 Louisiana Street, Suite 2300, Houston, Texas 77002.
`18.
`
`Venue is proper within this judicial district under 28 U.S.C. §1400(b) because
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`Fry’s has committed acts of infringement in this judicial district and has a regular and established
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`place of business within this judicial district. More specifically, a number of the infringing
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`products were purchased at a Fry’s store located at 700 E. Plano Parkway in Plano, Texas, which
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`is within this judicial district.
`
`PATENTS-IN-SUIT
`
`19.
`
`On September 9, 2014, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,829,552 (“the ’552 Patent”), entitled “Light Emitting Device,” to
`
`Seo et al. Seoul Semiconductor is the owner by assignment of the ’552 Patent. A true and correct
`
`copy of the ’552 Patent is attached hereto as Exhibit 1.
`20.
`
`On September 3, 2013, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,525,212 (“the ’212 Patent”), entitled “Light-Emitting Diode
`
`Having Electrode Extensions,” to Kim et al. Seoul Viosys is the owner by assignment of the
`
`’212 Patent. A true and correct copy of the ’212 Patent is attached hereto as Exhibit 2.
`21.
`
`On March 8, 2011, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 7,901,113 (“the ’113 Patent”), entitled “Side Illumination Lens
`
`and Luminescent Device Using the Same,” to Kim et al. Seoul Semiconductor is the owner by
`
`5
`
`

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`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 6 of 43 PageID #: 6
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`assignment of the ’113 Patent. A true and correct copy of the ’113 Patent is attached hereto as
`
`Exhibit 3.
`22.
`
`On December 27, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,530,947 (“the ’947 Patent”), entitled “Lens and Light Emitting
`
`Module For Surface Illumination,” to Kim et al. Seoul Semiconductor is the owner by
`
`assignment of the ’947 Patent. A true and correct copy of the ’947 Patent is attached hereto as
`
`Exhibit 4.
`23.
`
`On May 5, 2015, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,022,618 (“the ’618 Patent”), entitled “Aspherical LED Lens and Light
`
`Emitting Device Including the Same,” to Park et al. Seoul Semiconductor is the owner by
`
`assignment of the ’618 Patent. A true and correct copy of the ’618 Patent is attached hereto as
`
`Exhibit 5.
`24.
`
`On December 17, 2013, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,608,328 (“the ’328 Patent”), entitled “Light Source with
`
`Secondary Emitter Conversion Element,” to Panagotacos et al. Seoul Semiconductor is the
`
`owner by assignment of the ’328 Patent. A true and correct copy of the ’328 Patent is attached
`
`hereto as Exhibit 6.
`25.
`
`On November 17, 2009, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 7,618,162 (“the ’162 Patent”), entitled “Irradiance-Redistribution
`
`Lens and Its Applications to LED Downlights,” to Parkyn et al. Seoul Semiconductor is the
`
`owner by assignment of the ’162 Patent. A true and correct copy of the ’162 Patent is attached
`
`hereto as Exhibit 7.
`26.
`
`On March 13, 2012, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,132,952 (“the ’952 Patent”), entitled “Backlight Panel
`
`Employing White Light Emitting Diode Having Red Phosphor and Green Phosphor,” to Ryu et
`
`al. Seoul Semiconductor is the owner by assignment of the ’952 Patent. A true and correct copy
`
`of the ’952 Patent is attached hereto as Exhibit 8.
`
`6
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`

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`27.
`
`On November 15, 2011, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,058,662 (“the ’662 Patent”), entitled “Light Emitting Diode and
`
`Method of Fabricating the Same,” to Kim et al. Seoul Semiconductor is the owner by assignment
`
`of the ’662 Patent. A true and correct copy of the ’662 Patent is attached hereto as Exhibit 9.
`28.
`
`On February 21, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,577,157 (“the ’157 Patent”), entitled “Light Emitting Diode
`
`Chip Having Distributed Bragg Reflector and a Method of Fabricating the Same,” to Lee et al.
`
`Seoul Viosys is the owner by assignment of the ’157 Patent. A true and correct copy of the ’157
`
`Patent is attached hereto as Exhibit 10.
`29.
`
`On May 17, 2016, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,343,631 (“the ’631 Patent”), entitled “Light Emitting Diode Chip
`
`Having Distributed Bragg Reflector and Method of Fabricating the Same,” to Lee et al. Seoul
`
`Viosys is the owner by assignment of the ’631 Patent. A true and correct copy of the ’631 Patent
`
`is attached hereto as Exhibit 11.
`30.
`
`On May 31, 2011, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 7,951,626 (“the ’626 Patent”), entitled “Light Emitting Device and
`
`Method of Manufacturing the Same,” to Lee et al. Seoul Viosys is the owner by assignment of
`
`the ’626 Patent. A true and correct copy of the ’626 Patent is attached hereto as Exhibit 12.
`31.
`
`On October 24, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,799,800 (“the ’800 Patent”), entitled “Light Emitting Device and
`
`Method of Fabricating the Same,” to Jang et al. Seoul Viosys is the owner by assignment of the
`
`’800 Patent. A true and correct copy of the ’800 Patent is attached hereto as Exhibit 13.
`32.
`
`On July 25, 2017, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,716,210 (“the ’210 Patent”), entitled “Light Emitting Diode and Method
`
`of Fabricating the Same,” to Kim et al. Seoul Viosys is the owner by assignment of the ’210
`
`Patent. A true and correct copy of the ’210 Patent is attached hereto as Exhibit 14.
`
`7
`
`

`

`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 8 of 43 PageID #: 8
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`33.
`
`On September 13, 2005, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 6,942,731 (“the ’731 Patent”), entitled “Method for Improving the
`
`Efficiency of Epitaxially Produced Quantum Dot Semiconductor Components,” to Sellin et al.
`
`Seoul Semiconductor is the owner by assignment of the ’731 Patent. A true and correct copy of
`
`the ’731 Patent is attached hereto as Exhibit 15.
`
`COUNT I.
`
`INFRINGEMENT OF THE ’552 PATENT
`
`EXAMPLE CLAIM 1
`
`34.
`
`Fry’s has infringed and continues to infringe one or more claims of the ’552
`
`Patent, including but not limited to exemplary claim 1, pursuant to 35 U.S.C. § 271(a) at least by
`
`without authority making, using, offering to sell, and/or selling the Ottlite LED Task Lamp
`
`290G59 and NTE LED Light Bar 69-LL-15 within the United States or importing the Ottlite
`
`LED Task Lamp 290G59 and NTE LED Light Bar 69-LL-15 into the United States.
`35.
`
`The Ottlite LED Task Lamp 290G59 includes 30 packaged LED, each of which
`
`comprises a light emitting diode device. An image of the packaged LEDs from a Ottlite LED
`
`Task Lamp 290G59 is reproduced below.
`
`
`An image of the top of a packaged LED from an Ottlite LED Task Lamp 290G59
`
`36.
`
`is reproduced below.
`
`8
`
`

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`Three images are provided below. The image below left is an optical image of a
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`37.
`
`cross-section through the package and the image below right is a scanning electron microscope
`
`image of a cross-section through the package. The bottom image is an x-ray image taken
`
`vertically through the pair of lead frames.
`
`
`
`
`
`
`
`38.
`
`The images above depict a pair of spaced-apart lead frames, each having an upper
`
`and lower surface. Each of the lead frames also includes sidewalls that connect the upper and
`
`lower surfaces. All three images show a light-emitting diode chip on the top surface of the left
`
`lead frame.
`39.
`
`The x-ray image above depicts for each lead frame a central relatively dark area
`
`that encompasses the majority of each lead frame.
`40.
`
`The x-ray image also depicts, for each lead frame, three relatively bright zones at
`
`the periphery. The relatively bright areas correspond to the locations with insets in the sidewalls,
`
`9
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`

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`which can also be seen in the cross-sectional image above as small areas under each lead frame
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`that are filled with resin. The three inset sidewalls described in the preceding paragraph at least
`
`partially define a fixing space for each of the lead frames that undercuts the upper surface. The
`
`fixing spaces are filled with resin as shown in the images above to support the two lead frames.
`41.
`
`The NTE LED Light Bar 69-LL-15 includes 24 packaged LED, each of which
`
`comprises a light emitting diode device. An image of the packaged LEDs from a NTE LED
`
`Light Bar 69-LL-15 is reproduced below.
`
`
`An image of the top of a packaged LED from an NTE LED Light Bar 69-LL-15 is
`
`42.
`
`reproduced below.
`
`
`Three images are provided below. The image below left is an optical image of a
`
`43.
`
`cross-section through the package and the image below right is a scanning electron microscope
`
`image of a cross-section through the package. The bottom image is an x-ray image taken
`
`vertically through the pair of lead frames.
`
`
`
`
`
`10
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`

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`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 11 of 43 PageID #: 11
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`
`The images above depict a pair of spaced-apart lead frames, each having an upper
`
`44.
`
`and lower surface. Each of the lead frames also includes sidewalls that connect the upper and
`
`lower surfaces. All three images show a light-emitting diode chip on the top surface of the left
`
`lead frame.
`45.
`
`The x-ray image above depicts for each lead frame a central relatively dark area
`
`that encompasses the majority of each lead frame.
`46.
`
`The x-ray image also depicts, for each lead frame, three relatively bright zones at
`
`the periphery. The relatively bright areas correspond to the locations with insets in the sidewalls,
`
`which can also be seen in the cross-sectional image above as small areas under each lead frame
`
`that are filled with resin. The three inset sidewalls described in the preceding paragraph at least
`
`partially define a fixing space for each of the lead frames that undercuts the upper surface. The
`
`fixing spaces are filled with resin as shown in the images above to support the two lead frames.
`47.
`
`Fry’s’ infringement has caused and is continuing to cause damage and irreparable
`
`injury to Plaintiffs. Plaintiffs will continue to suffer damage and irreparable injury unless and
`
`until that infringement is enjoined by this Court, as a remedy at law alone would be inadequate.
`48.
`
`Plaintiffs are entitled to injunctive relief and damages in accordance with 35
`
`U.S.C. §§ 271, 281, 283, and 284.
`
`11
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`

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`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 12 of 43 PageID #: 12
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`COUNT II.
`
`INFRINGEMENT OF THE ’212 PATENT
`
`EXAMPLE CLAIM 1
`
`49.
`
`Fry’s has infringed and continues to infringe one or more claims of the ’212
`
`Patent, including but not limited to exemplary claim 1, pursuant to 35 U.S.C. § 271(a) at least by
`
`without authority making, using, offering to sell, and/or selling the RCA LED TV
`
`LED55C55R120Q television within the United States or importing the RCA LED TV
`
`LED55C55R120Q television into the United States.
`50.
`
`The RCA LED TV LED55C55R120Q television includes a plurality of LED-
`
`based light emitting devices. The image below shows the RCA LED TV LED55C55R120Q
`
`television after removal of the liquid crystal display panel, revealing 108 LED-based light
`
`emitting devices and their associated lenses.
`
`
`Two images are provided below. The image below left is a close up view from
`
`51.
`
`above of a lens. The image below right is a close up view of a light emitting device after removal
`
`of its associated lens.
`
`
`
`
`
`12
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`

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`52.
`
`The image below is of the top surface of a light emitting diode from the RCA
`
`LED TV LED55C55R120Q television. Two electrode pads are shown in the image below, an n-
`
`electrode pad in the center near the left edge and a p-electrode pad in the center near the right
`
`edge. The square region around the n-electrode pad indicates an exposed portion of an n-type
`
`contact layer that extends to all four edges of the light emitting diode. The exposed portions of
`
`the n-type contact layer appears as a slightly lighter in the image. The p-electrode pad sits atop a
`
`mesa structure comprising a p-type contact layer over an active layer, the mesa structure sitting
`
`atop the n-type contact layer. The mesa structure appears slightly darker in the image.
`
`
`The images below, which were created using a scanning electron microscope after
`
`53.
`
`a hole was milled into the light emitting diode using an ion beam. The image below left shows a
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`hole created near the n-electrode pad through a portion of an exposed n-type contact layer and a
`
`portion of the mesa. The image below right provides an enlarged view of the side of the milled
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`hole, again showing the n-type contact layer and the mesa comprising the active and p-type
`
`contact layers.
`
`
`
`13
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`

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`54.
`
`As the above top-surface view of the light emitting diode shows, two n-extensions
`
`extend from the n-electrode pad toward the right edge. The far right ends of the n-extensions are
`
`further apart than the far left ends that connect to the n-electrode pad. The top n-extension is
`
`convexly bent towards the top edge and the bottom n-extension is convexly bent toward the
`
`bottom edge.
`55.
`
`The top-surface view of the light emitting diode also shows three p-extensions
`
`extending from the p-electrode pad toward the left edge. The top and bottom p-extensions
`
`enclose the two n-extensions. The third central p-extension extends between the two n-
`
`extensions.
`56.
`
`Fry’s’ infringement has caused and is continuing to cause damage and irreparable
`
`injury to Plaintiffs. Plaintiffs will continue to suffer damage and irreparable injury unless and
`
`until that infringement is enjoined by this Court, as a remedy at law alone would be inadequate.
`57.
`
`Plaintiffs are entitled to injunctive relief and damages in accordance with 35
`
`U.S.C. §§ 271, 281, 283, and 284.
`
`COUNT III.
`
`INFRINGEMENT OF THE ’113 PATENT
`
`EXAMPLE CLAIM 1
`
`58.
`
`Fry’s has infringed and continues to infringe one or more claims of the ’113
`
`Patent, including but not limited to exemplary claim 1, pursuant to 35 U.S.C. § 271(a) at least by
`
`without authority using, offering to sell, and/or selling the RCA LED TV LED24G45RQ
`
`television within the United States or importing the RCA LED TV LED24G45RQ television into
`
`the United States.
`59.
`
`The RCA LED TV LED24G45RQ television includes a plurality of LED-based
`
`light emitting devices. The image below shows the RCA LED TV LED24G45RQ television after
`
`removal of the liquid crystal display panel, revealing fifteen light emitting devices, each
`
`including a light emitting diode and a lens arranged to receive light from its associated light
`
`emitting diode.
`
`14
`
`

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`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 15 of 43 PageID #: 15
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`
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`Below is an image of cross-section of an example light emitting device from a
`
`60.
`
`RCA LED TV LED24G45RQ television. This image shows with a packaged light emitting diode
`
`as well as a lens above the light-emitting surface of the light emitting diode.
`
`
`.
`Below is an image of a cross-section through a lens removed from a RCA LED
`
`61.
`
`TV LED24G45RQ television. The lens comprises a solid of revolution of the cross-section
`
`around the central axis of the lens.
`
`15
`
`

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`The upper surface of the lens includes a total reflection surface having a total
`
`62.
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`reflection slope with respect to a central axis of the light emitting diode. The side surfaces of the
`
`lens include a curved refractive surfaces that extends away from the central axis and beyond a
`
`periphery of the total reflection surface of the lens.
`63.
`
`Fry’s’ infringement has caused and is continuing to cause damage and irreparable
`
`injury to Plaintiffs. Plaintiffs will continue to suffer damage and irreparable injury unless and
`
`until that infringement is enjoined by this Court, as a remedy at law alone would be inadequate.
`64.
`
`Plaintiffs are entitled to injunctive relief and damages in accordance with 35
`
`U.S.C. §§ 271, 281, 283, and 284.
`
`COUNT IV.
`
`INFRINGEMENT OF THE ’618 PATENT
`
`EXAMPLE CLAIM 1
`
`65.
`
`Fry’s has infringed and continues to infringe one or more claims of the ’618
`
`Patent, including but not limited to exemplary claim 1, pursuant to 35 U.S.C. § 271(a) at least by
`
`without authority using, offering to sell, and/or selling the RCA LED TV LED55C55R120Q
`
`television within the United States or importing the RCA LED TV LED55C55R120Q television
`
`into the United States.
`66.
`
`The RCA LED TV LED55C55R120Q television includes a plurality of LED-
`
`based light emitting devices. The image below shows the RCA LED TV LED55C55R120Q
`
`16
`
`

`

`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 17 of 43 PageID #: 17
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`television after removal of the liquid crystal display panel, revealing 108 LED-based light
`
`emitting devices and their associated lenses.
`
`
`Two images are provided below. The image below left is a close up view from
`
`67.
`
`above of a lens. The image below right is a close up view of a light emitting device after removal
`
`of its associated lens.
`
`
`
`The image below is a side-view of a lens from the RCA LED TV
`
`68.
`
`LED55C55R120Q television. As the images show, the lens is aspherical and rotationally
`
`symmetrical. The lens includes a central cavity within which an associated light emitting device
`
`is provided. The surface of the central cavity comprises a light entrance plane configured to
`
`receive light emitted from the associated light emitting device. The upper and side surfaces
`
`comprise a light exit plane configured to radiate the light received by the light entrance plane.
`
`17
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`

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`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 18 of 43 PageID #: 18
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`As the above image shows, the substantially vertical portions of the side surfaces,
`
`69.
`
`which comprise part of the light exit plane, are textured, resulting in protrusions extending above
`
`the surface of the lens. The side surface of the lens also includes a curved surface.
`70.
`
`Fry’s’ infringement has caused and is continuing to cause damage and irreparable
`
`injury to Plaintiffs. Plaintiffs will continue to suffer damage and irreparable injury unless and
`
`until that infringement is enjoined by this Court, as a remedy at law alone would be inadequate.
`71.
`
`Plaintiffs are entitled to injunctive relief and damages in accordance with 35
`
`U.S.C. §§ 271, 281, 283, and 284.
`
`COUNT V.
`
`INFRINGEMENT OF THE ’328 PATENT
`
`EXAMPLE CLAIM 33
`
`72.
`
`Fry’s has infringed and continues to infringe one or more claims of the ’328
`
`Patent, including but not limited to exemplary claim 1, pursuant to 35 U.S.C. § 271(a) at least by
`
`without authority making, using, offering to sell, and/or selling the RCA LED TV
`
`LED60B55R120Q television within the United States or importing the RCA LED TV
`
`LED60B55R120Q television into the United States.
`73.
`
`The RCA LED TV LED60B55R120Q television includes a plurality of LED-
`
`based light emitting devices. The image below shows the RCA LED TV LED60B55R120Q
`
`television after removal of the liquid crystal display panel, revealing 96 LED-based light
`
`emitting devices and their associated lenses.
`
`18
`
`

`

`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 19 of 43 PageID #: 19
`
`
`Two images are provided below. The image below left is a close up view from
`
`74.
`
`above of a lens from a RCA LED TV LED60B55R120Q television. The lens is a non-imaging
`
`type. The image below right is a close up view of a light emitting device from a RCA LED TV
`
`LED60B55R120Q television after removal of its associated lens.
`
`
`
`The image below is a side view of a light emitting device from a RCA LED TV
`
`75.
`
`LED60B55R120Q television. The primary excitation source is shown as a LED connected on its
`
`top surface by a pair of wires. The image also shows a layer of phosphor coating the top surface
`
`of the LED. The phosphor appears yellow in color in the image. The phosphor comprises a
`
`second emitter conversion element that is optically coupled to the LED and absorbs some of the
`
`blue light emitted from the LED to emit light at a longer wavelength part of the spectrum. The
`
`light emitted by the phosphor has a peak and a band of wavelengths around the peak.
`
`19
`
`

`

`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 20 of 43 PageID #: 20
`
`
`Two images are provided below. The image below left is of a lens from a RCA
`
`76.
`
`LED TV LED60B55R120Q television taken from the side. As the image shows, the lens has a
`
`central cavity. The image below right is a side view of a light emitting device, with a rounded
`
`encapsulating material formed over the LED. When affixed within a RCA LED TV
`
`LED60B55R120Q, the encapsulated LED fits into the central cavity of the lens, with the
`
`encapsulated material existing in the gap between the layer of phosphor and the lens.
`
`
`
`Fry’s’ infringement has caused and is continuing to cause damage and irreparable
`
`77.
`
`injury to Plaintiffs. Plaintiffs will continue to suffer damage and irreparable injury unless and
`
`until that infringement is enjoined by this Court, as a remedy at law alone would be inadequate.
`78.
`U.S.C. §§ 271, 281, 283, and 284.
`
`Plaintiffs are entitled to injunctive relief and damages in accordance with 35
`
`COUNT VI.
`
`INFRINGEMENT OF THE ’162 PATENT
`
`EXAMPLE CLAIM 1
`
`79.
`
`Fry’s has infringed and continues to infringe one or more claims of the ’162
`
`Patent, including but not limited to exemplary claim 1, pursuant to 35 U.S.C. § 271(a) at least by
`
`without authority making, using, offering to sell, and/or selling the RCA LED TV
`
`20
`
`

`

`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 21 of 43 PageID #: 21
`
`LED55C55R120Q television within the United States or importing the RCA LED TV
`
`LED55C55R120Q television into the United States.
`80.
`
`The RCA LED TV LED55C55R120Q television includes a plurality of LED-
`
`based light emitting devices. The image below shows the RCA LED TV LED55C55R120Q
`
`television after removal of the liquid crystal display panel, revealing 108 LED-based light
`
`emitting devices and their associated lenses.
`
`
`Two images are provided below. The image below left is a close up view from
`
`81.
`
`above of a lens, which comprises a transparent dielectric. The image below right is a close up
`
`view of a light emitting device after removal of its associated lens.
`
`
`
`The image below is a side-view of a lens from the RCA LED TV
`
`82.
`
`LED55C55R120Q television. As this image and the one above show, the lens comprises a solid
`
`of revolution about a central axis of the lens. The lens includes a central cavity within which the
`
`light emitting device is provided. The surface of the central cavity comprise s a light entry
`
`surface for light emitted from the light emitting device. The upper and side surfaces comprise a
`
`21
`
`

`

`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 22 of 43 PageID #: 22
`
`light exit surface configured to radiate the light received by the light entrance surface into a
`
`diverging output beam.
`
`
`The image below is of a cross-section of a lens, which shows the profile of both
`
`83.
`
`the light entry surface and the light exit surface. The profile of the light entry surface results in
`
`refraction of the entering light, which results in light incident at the light exit surface having a
`
`predominantly uniform irradiance. The predominantly uniform irradiance incident at the light
`
`exit surface is then refracted to create an output beam. The light entry surface comprises a first
`
`concave shape relative to the light source and the light exit surface comprises a second concave
`
`shape relative to the light source, with the light exit surface being substantially larger than the
`
`light entry surface.
`
`
`Two images are provided below. The left and right images show a side view of a
`
`84.
`
`light source from the RCA LED TV LED55C55R120Q television created using a microscope
`
`and scanning electron microscope. The light source has a width of approximately 3 millimeters.
`
`22
`
`

`

`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 23 of 43 PageID #: 23
`
`
`
`Fry’s’ infringement has caused and is continuing to cause damage and irreparable
`
`85.
`
`injury to Plaintiffs. Plaintiffs will continue to suffer damage and irreparable injury unless and
`
`until that infringement is enjoined by this Court, as a remedy at law alone would be inadequate.
`86.
`
`Plaintiffs are entitled to injunctive relief and damages in accordance with 35
`
`U.S.C. §§ 271, 281, 283, and 284.
`
`COUNT VII.
`
`INFRINGEMENT OF THE ’947 PATENT
`
`EXAMPLE CLAIM 11
`
`87.
`
`Fry’s has infringed and continues to infringe one or more claims of the ’947
`
`Patent, including but not limited to exemplary claim 11, pursuant to 35 U.S.C. § 271(a) at least
`
`by without authority making, using, offering to sell, and/or selling the RCA LED TV
`
`LED55C55R120Q television within the United States or importing the RCA LED TV
`
`LED55C55R120Q television into the United States.
`88.
`
`The RCA LED TV LED55C55R120Q television includes a plurality of lenses for
`
`diffusing light. The image below shows the RCA LED TV LED55C55R120Q television after
`
`removal of the liquid crystal display panel, revealing six rows of 18 lenses each.
`
`
`
`23
`
`

`

`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 24 of 43 PageID #: 24
`
`89.
`
`The image below left is a close up view from above of a lens.
`
`
`Two images are provided below. The top image is a side-view of a lens from the
`
`90.
`
`RCA LED TV LED55C55R120Q television. The bottom image was taken after a lens was cross-
`
`sectioned. As the images show, the lens has a concavity at its center. The surface of the
`
`concavity forms a light incident surface. The images below also show the upper surface of the
`
`lens through which light is emitted.
`
`
`
`
`
`91.
`92.
`
`Light is emitted through the upper surface of the lens.
`
`As seen in the cross-sectional image, the portion of the upper surface beyond 15
`
`degrees has at least three sequential sections. The sections can be discerned based on the change
`
`in curvature of the upper surface.
`
`24
`
`

`

`Case 2:18-cv-00386-JRG Document 1 Filed 08/31/18 Page 25 of 43 PageID #: 25
`
`93.
`
`Fry’s’ infringement has caused and is continuing to cause damage and irreparable
`
`injury to Plaintiffs. Plaintiffs will continue to suffer damage and irreparable injury unless and
`
`until that infringement is enjoined by this Court, as a remedy at law alone would be inadequate.
`
`Plaintiffs are entitled to injunctive relief and damages in accordance with 35 U.S.C. §§ 271, 281,
`
`283, and 284.
`
`COUNT VIII.
`
`INFRINGEMENT OF THE ’952 PATENT
`
`EXAMPLE CLAIM 1
`
`94.
`
`Fry’s has infringed and continues to infringe one or more claims of the ’952
`
`Patent, including but not limited to exemplary claim 1, pursuant to 35 U.S.C. § 271(a) at least by
`
`without authority using, offer