UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. Civil Action No. COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND PARTIES

Similar documents
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. Civil Action No. 1:12-CV FDS

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. Plaintiff, Civil Action No. COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Civil Action No. COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Plaintiff, Civil Action No.

Courthouse News Service

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY. Plaintiff, CIVIL ACTION NO. v. JURY TRIAL DEMANDED PLAINTIFF S ORIGINAL COMPLAINT

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

Case 1:16-cv UNA Document 1 Filed 10/20/16 Page 1 of 7 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 1:14-cv UNA Document 1 Filed 06/06/14 Page 1 of 8 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 4:14-cv Document 1 Filed in TXSD on 09/08/14 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION. Plaintiff, CIVIL ACTION NO. v. JURY TRIAL DEMANDED

Case 1:14-cv GAO Document 1 Filed 05/28/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK COMPLAINT

Case 6:15-cv Document 1 Filed 01/13/15 Page 1 of 6 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION COMPLAINT

Case 6:15-cv Document 1 Filed 04/06/15 Page 1 of 5 PageID #: 1

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:15-cv CW Document 2 Filed 01/16/15 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION. Plaintiff, CIVIL ACTION NO. 2:15-cv-50

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

Case 2:14-cv JRG-RSP Document 9 Filed 08/08/14 Page 1 of 5 PageID #: 227

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION. Plaintiff, CIVIL ACTION NO. v. JURY TRIAL DEMANDED

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION

Case 9:16-cv RLR Document 1 Entered on FLSD Docket 04/15/2016 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR PATENT INFRINGEMENT

Case 6:14-cv JDL Document 1 Filed 01/21/14 Page 1 of 6 PageID #: 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. Civil Action No: HON. COMPLAINT FOR PATENT INFRINGEMENT

Case 6:14-cv JDL Document 1 Filed 01/15/14 Page 1 of 6 PageID #: 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Case 2:15-cv JRG Document 1 Filed 07/08/15 Page 1 of 5 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Case 2:16-cv JRG-RSP Document 1 Filed 10/19/16 Page 1 of 8 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

Case 2:15-cv Document 1 Filed 06/19/15 Page 1 of 5 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

Case 2:13-cv RAJ Document 1 Filed 08/30/10 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISON COMPLAINT FOR PATENT INFRINGEMENT THE PARTIES

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Case 1:15-cv Document 1 Filed 02/27/15 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. COMPLAINT and Jury Demand

Case 2:16-cv MMD-CWH Document 1 Filed 01/05/16 Page 1 of 5

Case: 5:09-cv DDD Doc #: 1 Filed: 06/04/09 1 of 5. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PLAINTIFF S ORIGINAL COMPLAINT

Case 2:16-cv Document 1 Filed 12/27/16 Page 1 of 9 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

Case 3:17-cv AJB-KSC Document 1 Filed 05/23/17 PageID.1 Page 1 of 8

PLAINTIFF S ORIGINAL COMPLAINT. Plaintiff Newthink, LLC ( Plaintiff ), by and through its undersigned counsel, files this

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:11-cv ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

UNITED STATES DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Case 1:14-cv JEI-KMW Document 1 Filed 09/23/14 Page 1 of 6 PageID: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

Case 6:18-cv ADA Document 26 Filed 01/11/19 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION

Case 1:10-cv Document 1 Filed 06/22/10 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 6:14-cv JDL Document 1 Filed 01/21/14 Page 1 of 6 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, Defendants. COMPLAINT FOR PATENT INFRINGEMENT

Case 2:16-cv JRG-RSP Document 44 Filed 06/15/17 Page 1 of 6 PageID #: 457

Case 6:17-cv Document 1 Filed 07/27/17 Page 1 of 14 PageID #: 1

Case 2:16-cv Document 1 Filed 09/06/16 Page 1 of 5 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION COMPLAINT FOR PATENT INFRINGEMENT

Case 2:16-cv JRG-RSP Document 123 Filed 03/09/17 Page 1 of 8 PageID #: 842

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ) ) ) ) ) ) ) ) COMPLAINT FOR PATENT INFRINGEMENT

Case 1:11-cv REB Document 1 Filed 12/15/11 Page 1 of 5

Case 2:17-cv Document 1 Filed 07/31/17 Page 1 of 10 Page ID #:1

Case 2:16-cv Document 1 Filed 04/25/16 Page 1 of 6 PageID #: 1

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:15-cv-590 ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 2:16-cv RWS Document 1 Filed 10/14/16 Page 1 of 6 PageID #: 1

Case 1:17-cv UNA Document 1 Filed 07/26/17 Page 1 of 5 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA. Plaintiff, for its complaint, by and through its attorney, alleges that:

Case 1:16-cv Document 1 Filed 03/04/16 Page 1 of 6 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. Case No. 3:13-cv N

Case 3:16-cv Document 1 Filed 12/25/16 Page 1 of 10

Case 1:14-cv Document 1 Filed 02/18/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:15-cv LTS Document 1 Filed 08/05/15 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS COMPLAINT

Case 1:16-cv UNA Document 1 Filed 04/19/16 Page 1 of 6 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, Defendants. COMPLAINT FOR PATENT INFRINGEMENT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ) ) )

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

Case 2:18-cv Document 1 Filed 05/09/18 Page 1 of 11 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION

Case 1:16-cv UNA Document 1 Filed 12/08/16 Page 1 of 8 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 2:17-cv Document 1 Filed 04/14/17 Page 1 of 23 PageID #: 1

Case 2:18-cv JRG Document 1 Filed 08/13/18 Page 1 of 25 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. Plaintiff, Case No: COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION COMPLAINT FOR PATENT INFRINGEMENT

Case 2:16-cv Document 1 Filed 08/16/16 Page 1 of 5 PageID: 1 IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PLAINTIFF S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

Case 2:17-cv Document 1 Filed 12/29/17 Page 1 of 22 Page ID #:1

Case 1:16-cv BLW Document 1 Filed 10/28/16 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Case 1:07-cv MRB Document 6 Filed 11/06/2007 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND INVALIDITY

Case 2:17-cv Document 1 Filed 01/12/17 Page 1 of 7 PageID #: 1

Case 1:10-cv GMS Document 1-3 Filed 06/21/10 Page 1 of 11 PageID #: 71 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Transcription:

TRUSTEES OF BOSTON UNIVERSITY, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS vs. Civil Action No. EPISTAR CORPORATION, and LEDLIGHT.COM, LLC Defendants. COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND Plaintiff Trustees of Boston University, by and through its undersigned attorneys, hereby pleads the following claims of patent infringement against Epistar Corporation and LEDLight.com, LLC ( Defendants ) and alleges as follows: PARTIES 1. Plaintiff Trustees of Boston University ( BU or the University ) is a non-profit educational institution with its principal place of business at One Silber Way, Boston, Massachusetts 02215. 2. The University is one of the largest private universities in the United States and one of the largest employers in Boston, with more than 10,000 faculty and staff and over 33,000 students. It conducts a diverse range of interdisciplinary, collaborative and innovative research across a broad spectrum of academic departments, programs, centers and institutes, including research in the field of electrical and computer engineering. BU has won five Nobel Prizes and has been awarded hundreds of United States Patents, including U.S. Patent No. 5,686,738 (the 738 patent ). 1

3. Upon information and belief, Defendant Epistar Corporation ( Epistar ) is a Taiwanese entity located at 5 Li-hsin 5 th Road, Science Park, Hsinchu, Taiwan 300. 4. Upon information and belief, Defendant LEDLight.com, LLC ( LEDLight ) is an Arizona entity located at 2017 W. Aster Drive, Phoenix, Arizona, 85029. LEDLight s registered agent for service of process is Jack C. Kendall, at 2017 W. Aster Drive, Phoenix, Arizona, 85029. JURISDICTION AND VENUE 5. This is an action for patent infringement arising under the patent laws of the United States of America, Title 35 of the United States Code. This Court has subject matter jurisdiction over the matters pleaded herein under 28 U.S.C. 1331 and 1338(a) in that this is a civil action arising out of the patent laws of the United States of America. 6. Defendants, individually and collectively, regularly and deliberately engaged in and continue to engage in activities that result in using, selling, offering for sale, and/or importing infringing products in and/or into the Commonwealth of Massachusetts and this judicial district. These activities violate the University s United States patent rights under the 738 patent pled herein. This Court has personal jurisdiction over Defendants because, among other things, Defendants conduct business in the Commonwealth of Massachusetts and in this judicial district and thus enjoy the privileges and protections of Massachusetts law. 7. Venue is proper in the District of Massachusetts pursuant to 28 U.S.C. 1391(b), (c) and (d) and 1400(b). 2

COUNT I: INFRINGEMENT OF U.S. PATENT NO. 5,686,738 8. The 738 patent, titled Highly Insulating Monocrystalline Gallium Nitride Thin Films, issued on November 11, 1997. A true and correct copy of the 738 patent is attached hereto as Exhibit A. 9. Theodore D. Moustakas, Ph.D., Professor of Electrical and Computer Engineering at BU, is the named inventor of the 738 patent. The University owns by assignment the entire right, title, and interest in and to the 738 patent, including the right to sue for past and present patent infringements thereof. 10. The University is informed and believes, and thereon alleges, that Defendants product bearing product code(s) 53436, Par 30 10W Dimmable LED, Epistar 85-265VAC 80, 53436W Par 30 10W is a gallium nitride thin film semiconductor device claimed by the 738 patent and thus infringes one or more claims of the 738 patent. The University is informed and believes, and further alleges, that additional products of Defendants also constitute and/or include the claimed gallium nitride thin film semiconductor device and also infringe one or more claims of the 738 patent, including light emitting diodes ( LEDs ) and products bearing LEDs (collectively referred to as Accused Products ). 11. The University is informed and believes, and thereon alleges, that the applicable requirements of 35 U.S.C. 287 have been satisfied. 12. The University is informed and believes, and thereon alleges, that Defendants, individually and collectively, have infringed, and continue to infringe, one or more claims of the 738 patent, in violation of 35 U.S.C. 271(a), by, among other things, making using, offering to sell, selling and/or importing in and/or into the United States, without authority or license from 3

the University, the Accused Products falling within the scope of one or more claims of the 738 patent. 13. Defendants acts of infringement have caused and will continue to cause substantial and irreparable damage to the University. 14. As a result of the infringement of the 738 patent by Defendants, the University has been damaged. The University is therefore entitled to such damages pursuant to 35 U.S.C. 284 in an amount that presently cannot be pled but that will be determined at trial. PRAYER FOR RELIEF WHEREFORE, the University prays for entry of judgment against each Defendant as follows: A. That each Defendant directly infringed the 738 patent under 35 U.S.C. 271(a); B. That each Defendant provide to the University an accounting of all gains, profits and advantages derived by each Defendant s infringement of the 738 patent, and that the University be awarded damages adequate to compensate them for the wrongful infringement by Defendant, in accordance with 35 U.S.C. 284; C. That the University be awarded any other supplemental damages and interest on all damages, including, but not limited to attorney fees available under 35 U.S.C. 285. D. That the Court permanently enjoin Defendants and all those in privity with them from making, having made, selling, offering for sale, distributing and/or using products that infringe the 738 patent, including the Accused Products, in the United States; and E. That the University be awarded such other and further relief as this Court may deem just and proper, including but not limited to equitable relief and all remedies available at law. 4

DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38(b), the University hereby demands a trial by jury on all issues triable to a jury. Dated: December 14, 2012 Respectfully submitted, TRUSTEES OF BOSTON UNIVERSITY By its attorneys, /s/ Ilan N. Barzilay Ilan N. Barzilay (BBO #643978) ibarzilay@seyfarth.com SEYFARTH SHAW LLP World Trade Center East Two Seaport Lane, Suite 300 Boston, Massachusetts 02210 Telephone: (617) 946-4800 Facsimile: (617) 946-4801 Of Counsel Alfonso Garcia Chan (Texas 24012408) Eve Henson (Texas 00791462) Andrew M. Howard (Texas 24059973) SHORE CHAN BRAGALONE DEPUMPO LLP 901 Main Street, Suite 3300 Dallas, Texas 75202 Telephone: (214) 593-9110 Facsimile: (214) 593-9111 5