Case 6:16-cv-01176-RWS Document 1 Filed 09/21/16 Page 1 of 5 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`Jakuta Diodes, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`Cree, Inc., a North Carolina
`corporation,
`
`
`Defendant.
`
`
`
`
`
`Case No. 6:16-cv-01176
`
`
`
`JURY TRIAL
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Jakuta Diodes, LLC, (“Jakuta” or “Plaintiff”), by and through its
`
`undersigned counsel, for its Complaint against Defendant Cree, Inc. (“Defendant”)
`
`makes the following allegations. These allegations are made upon information and
`
`belief.
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action against Defendant for infringement of one or more
`
`claims of United States Patent No. 6,079,854 (“the ‘854 Patent”).
`
`PARTIES
`
`2.
`
`Plaintiff Jakuta Diodes, LLC is a Texas limited liability company with
`
`its principal office located in Texas, at 211 East Tyler Street, Suite 600-A, Longview,
`
`Texas 75601.
`
`3.
`
`Defendant Cree, Inc. is a corporation incorporated under the laws of the
`
`State of North Carolina having an office and principal place of business at 4600
`
`Silicon Drive, Durham, North Carolina 27703-8475.
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`Jakuta Diodes, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`Cree, Inc., a North Carolina
`corporation,
`
`
`Defendant.
`
`
`
`
`
`Case No. 6:16-cv-01176
`
`
`
`JURY TRIAL
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Jakuta Diodes, LLC, (“Jakuta” or “Plaintiff”), by and through its
`
`undersigned counsel, for its Complaint against Defendant Cree, Inc. (“Defendant”)
`
`makes the following allegations. These allegations are made upon information and
`
`belief.
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action against Defendant for infringement of one or more
`
`claims of United States Patent No. 6,079,854 (“the ‘854 Patent”).
`
`PARTIES
`
`2.
`
`Plaintiff Jakuta Diodes, LLC is a Texas limited liability company with
`
`its principal office located in Texas, at 211 East Tyler Street, Suite 600-A, Longview,
`
`Texas 75601.
`
`3.
`
`Defendant Cree, Inc. is a corporation incorporated under the laws of the
`
`State of North Carolina having an office and principal place of business at 4600
`
`Silicon Drive, Durham, North Carolina 27703-8475.
`
`
`
`1
`
`
`
`Case 6:16-cv-01176-RWS Document 1 Filed 09/21/16 Page 2 of 5 PageID #: 2
`
`JURISDICTION AND VENUE
`
`4.
`
`This patent infringement action arises under the patent laws of the
`
`United States, including 35 U.S.C. §§ 271, et seq.
`
`5.
`
`This Court has subject matter jurisdiction over this action pursuant to
`
`28 U.S.C. § § 1331 and 1338(a) because it arises under United States Patent law.
`
`6.
`
`This Court has personal jurisdiction over the Defendant because it
`
`(either directly or through its subsidiaries, divisions, groups or distributors) has
`
`sufficient minimum contacts with the forum as a result of business conducted within
`
`the State of Texas and this district; and/or specifically over the Defendant (either
`
`directly or through its subsidiaries, divisions, groups or distributors) because of its
`
`infringing conduct within or directed at the State of Texas and this district.
`
`7.
`
`Venue is proper in this district pursuant to 28 U.S.C. §1391(c) and
`
`1400(b) because Defendant is deemed to reside in this district. In addition, at a
`
`minimum, Defendant is subject to this Court’s personal jurisdiction in that the acts
`
`and transactions including the sale of consumer electronic products, which
`
`incorporate the technology covered by the patents identified herein through the State
`
`of Texas and this district.
`
`FACTS
`
`8.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 6,079,854 (“the
`
`‘854 Patent”), entitled “Device and Method for Diffusing Light,” which was duly
`
`and legally issued on June 27, 2000 by the United States Patent and Trademark
`
`Office (“USPTO”).
`
`9.
`
`A copy of the ‘854 Patent is attached to this Complaint as Exhibit A.
`
`10. The claims of the ‘854 Patent are valid and enforceable.
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case 6:16-cv-01176-RWS Document 1 Filed 09/21/16 Page 3 of 5 PageID #: 3
`
`COUNT I: CLAIM FOR PATENT INFRINGEMENT
`
`UNDER 35 U.S.C. § 271(a) (‘307 PATENT)
`
`(AGAINST DEFENDANT)
`
`11. Plaintiff hereby incorporates by reference the allegations of paragraphs
`
`1 through 10 of this Complaint as if fully set forth herein.
`
`12. Defendant makes, has made, sells, offer for sale, uses and/or imports
`
`into the United States, Light emitting diode (“LED”) lamps, components and
`
`lighting systems, including without limitation all lighting systems including
`
`Defendant’s DiamondFacet™ Lenses and WaveMax™ Technology (“Accused
`
`Product(s)”).
`
`13. Each of the Accused Product(s) uses a method of diffusing light,
`
`including providing a light source from which light radiates, namely the Cree® LED.
`
`See Exhibit B.
`
`14. Each of the Accused Products interrupts the light with a substantially
`
`transparent member, namely the “Total Internal Reflection (TIR)” optics, which are
`
`“a fundamental property of light waves passing through materials like glass or plastic
`
`that is denser than the surrounding medium, say air.” See Exhibit B.
`
`15. Each of the Accused Products segregate a substantial portion of the
`
`light to a plurality of channels within the member, including passing the light
`
`through the DiamondFacet™ Lenses of the TIR optics. See Exhibit B.
`
`16. Each of the Accused Products disperses the light transmitted in a
`
`widening ray along the plurality of channels using the DiamondFacet™ Lenses and
`
`WaveMax™ Technology. See Exhibit B.
`
`17. Each of the Accused Products also radiates a diffused pattern of light
`
`emitted from the plurality of channels using the DiamondFacet™ Lenses and
`
`WaveMax™ Technology. See Exhibit B.
`
`18. Each one of the elements of the Accused Product(s), itemized in
`
`paragraphs 13-17 above, is an element in Claim 27 of the ‘854 patent.
`
`
`
`3
`
`
`
`Case 6:16-cv-01176-RWS Document 1 Filed 09/21/16 Page 4 of 5 PageID #: 4
`
`19. Thus, each of the Accused Products infringes at least Claim 27 of the
`
`‘854 patent.
`
`20. Plaintiff has been, and will continue to be, irreparably harmed by
`
`Defendant’s ongoing infringement of the ‘854 patent.
`
`21. As a direct and proximate result of Defendant’s infringement of the
`
`‘854 Patent, Plaintiff has been and will continue to be damaged in an amount yet to
`
`be determined, including but not limited to Plaintiff’s lost profits and/or a reasonable
`
`royalty.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays for relief against Defendant as follows:
`
`A.
`
`In favor of Plaintiff that Defendant has infringed one or more claims of
`
`the ‘854 Patent, either literally or under the doctrine of equivalents;
`
`B.
`
`Requiring Defendant to pay Plaintiff its damages, costs, expenses, and
`
`prejudgment and post-judgment interest for Defendant’s infringement of the ‘854
`
`Patent as provided under 35 U.S.C. § 284, but not less than a reasonable royalty; and
`
`C.
`
`For such other and further relief as may be just and equitable.
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`///
`
`
`
`4
`
`
`
`Case 6:16-cv-01176-RWS Document 1 Filed 09/21/16 Page 5 of 5 PageID #: 5
`
`
`
`DEMAND FOR TRIAL BY JURY
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff hereby
`
`demands a jury trial on all issues and causes of action triable to a jury.
`
`
`DATED: September 21, 2016
`
`
`Respectfully submitted,
`
`/s/ Rasheed M. McWilliams
`Rasheed M. McWilliams
`CA Bar No. 281832
`rasheed@cotmanip.com
`Daniel C. Cotman
`CA Bar No. 218315
`dan@cotmanip.com
`Obi I. Iloputaife
`CA Bar No. 192271
`obi@cotmanip.com
`Cotman IP Law Group, PLC
`35 Hugus Alley, Suite 210
`Pasadena, CA 91103
`(626) 405-1413/FAX (626) 316-7577
`
`
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
