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DOYLE LOW LLP

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Richard P. Doyle, Jr. (SBN 112459) rdoyle@doylelow.com

 

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Jaime B. Herren (SBN 271680) jherren@doylelow.com

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DOYLE LOW LLP

140 Brookwood Road, Suite 102

 

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Orinda, CA 94563

  • 925.295.1805 telephone

 

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  • 925.253.1071 fax

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Attorneys for Plaintiff Zulch Laboratories, Inc.

 

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Zulch Laboratories, Inc., a California corporation,

 

Case No.

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Plaintiff,

COMPLAINT FOR PATENT

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v.

INFRINGEMENT

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Electronic Theatre Controls, Inc., d/b/a ETC, a

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Wisconsin corporation,

 

DEMAND FOR JURY TRIAL

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Defendant.

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Plaintiff Zulch Laboratories, Inc., for its Complaint for Patent Infringement against the

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above-named defendant alleges as follows:

 

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PARTIES

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1.

Plaintiff Zulch Laboratories, Inc., (hereafter “Zulch Labs,” or “Plaintiff”) is a

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corporation, organized and existing under the laws of the State of California. Plaintiff maintains

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a principal place of business at 2 Van Ripper Lane, Orinda, CA 94563, and does business within

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this Judicial District.

 

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COMPLAINT FOR PATENT INFRINGEMENT

DOYLE LOW LLP

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  • 2. Defendant Electronic Theatre Controls, Inc., d/b/a ETC, (hereafter “Defendant

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ETC”) is a corporation, organized and existing under the laws of the State of Wisconsin that

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maintains a principal place of business at 3031 Pleasant View Road, Middleton WI 53562-0979,

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and does business within this Judicial District.

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NATURE OF THIS LAWSUIT

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  • 3. There are two United States Patents asserted in this Complaint.

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  • 4. The first action for patent infringement is of United States Patent No. 7,994,732

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B2, (the "'732 patent"), arising under the patent laws of the United States, Title 35, United States

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Code. The '732 patent issued on August 9, 2011. A copy of the '732 patent is attached as Exhibit

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A. This action relates to the making, marketing, and selling by Defendant of digital lighting

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fixtures that change light source intensity within the scope of the ‘732 patent.

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  • 5. The second action for patent infringement is of United States Patent No.

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8,330,392 B2, (the "'392 patent"), arising under the patent laws of the United States, Title 35,

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United States Code. The '392 patent issued on December 11, 2012. A copy of the '392 patent is

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attached as Exhibit B. This action relates to the making, marketing, and selling by Defendant of

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digital lighting fixtures that change light source intensity within the scope of the ‘392 patent.

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JURISDICTION AND VENUE

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  • 6. This Court has original jurisdiction over this action pursuant to 28 U.S.C. §§ 1331

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and 1338(a). This Court has personal jurisdiction because Defendant ETC, and its agents,

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transact and solicit business in the Northern District of California; and infringing activities have

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occurred and continue to occur in this Judicial District.

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COMPLAINT FOR PATENT INFRINGEMENT

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  • 7. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(c).

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INTRA-DISTRICT ASSIGNMENT

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  • 8. This is an “Intellectual Property Action” and is therefore exempt from the Court's

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Assignment Plan under Civil L.R. 3-2(c).

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FIRST CAUSE OF ACTION

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INFRINGEMENT OF UNITED STATES PATENT NO. 7,994,732

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  • 9. Plaintiff incorporates by reference the prior allegations of this Complaint and

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further alleges that Plaintiff, a California corporation, first registered with the State of California

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in 2006. Plaintiff is in the business of developing and designing power control solutions for

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dimming, switching, and constant powering of digital lighting designs. These solutions include

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new designs for the use of LED lighting fixtures for commercial applications, which have a

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higher intensity and use less power than other industry fixtures. Plaintiff’s technology includes

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new ways of controlling the dimming of such lighting fixtures.

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  • 10. The '732 patent, entitled “INTENSITY CHANGING WITH REDUCED

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FLICKER FOR DIGITALLY-CONTROLLED LIGHTING,” was duly and legally issued by the

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United States Patent and Trademark Office on August 9, 2011 to Plaintiff, as the Assignee of

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inventor Richard C. Zulch. Plaintiff owned the ‘732 patent throughout the period of Defendant

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ETC's infringing acts, and continues to own the ‘732 patent.

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  • 11. The '732 patent discloses and claims, inter alia, a method for changing light

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source intensity of digitally controlled lighting fixtures; a computer program product for

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COMPLAINT FOR PATENT INFRINGEMENT

DOYLE LOW LLP

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changing light source intensity of digitally controlled lighting fixtures; and a system for changing

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light source intensity of digitally controlled lighting fixtures.

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  • 12. Defendant ETC is infringing, and actively inducing infringement of, one or more

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claims of the '732 patent under 35 U.S.C. 271 by making, using, offering for sale, selling,

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marketing or importing into the United States infringing digitally controlled lighting fixtures,

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such as (but not limited to) those included under the commercial names “Selador” and "Source

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Four LED" trademark product lines; and/or by instructing distributors or customers how to use

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digitally controlled lighting fixtures to practice the methods, products and systems covered by

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the claims of the '732 patent; and/or by contributorily infringing one or more claims of the '732

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patent, by offering to sell, selling, marketing or importing digitally controlled lighting fixtures

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for use in practicing the methods, products and systems covered by the claims of the '732 patent,

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which devices are especially made or adapted for use in practicing the methods, products and

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systems patented by the '732 patent. Plaintiff is informed and believes that Defendant ETC will

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continue to do so unless en joined by this Court.

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  • 13. Defendant ETC has deliberately and willfully infringed the ‘732 patent, since the

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Plaintiff has met with and given Defendant ETC notice of its infringement, and Defendant ETC

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continues its illegal activities.

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  • 14. Plaintiff will be substantially and irreparably harmed if Defendant ETC's

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infringement is not enjoined. Plaintiff does not have an adequate remedy at law.

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SECOND CAUSE OF ACTION

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INFRINGEMENT OF UNITED STATES PATENT NO. 8,330,392

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  • 15. Plaintiff incorporates by reference the prior allegations of this Complaint.

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COMPLAINT FOR PATENT INFRINGEMENT

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  • 16. The '392 patent, entitled “INTENSITY CHANGING WITH REDUCED

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FLICKER FOR DIGITALLY-CONTROLLED LIGHTING,” was duly and legally issued by the

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United States Patent and Trademark Office on August 9, 2011 to Plaintiff, as the Assignee of

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inventor Richard C. Zulch. Plaintiff owned the ‘392 patent throughout the period of Defendant

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ETC's infringing acts, and continues to own the ‘392 patent.

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  • 17. The '392 patent discloses and claims, inter alia, a method for changing light

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source intensity of digitally controlled lighting fixtures; a computer program product for

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changing light source intensity of digitally controlled lighting fixtures; and a system for changing

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light source intensity of digitally controlled lighting fixtures.

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  • 18. Defendant ETC is infringing, and actively inducing infringement of, one or more

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claims of the '392 patent under 35 U.S.C. 271 by making, using, offering for sale, selling,

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marketing or importing into the United States infringing digitally controlled lighting fixtures,

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such as (but not limited to) those included under the commercial names “Selador” and "Source

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Four LED" trademark product lines; and/or by instructing distributors or customers how to use

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digitally controlled lighting fixtures to practice the methods, products and systems covered by

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the claims of the '392 patent; and/or by contributorily infringing one or more claims of the '392

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patent by offering to sell, selling, marketing or importing digitally controlled lighting fixtures for

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use in practicing the methods, products and systems covered by the claims of the '392 patent,

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which devices are especially made or adapted for use in practicing the methods, products and

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systems patented by the '392 patent. Plaintiff is informed and believes that Defendant ETC will

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continue to do so unless en joined by this Court.

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  • 19. Defendant ETC has deliberately and willfully infringed the '392 patent, since the

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Plaintiff has met with and given Defendant ETC notice of its infringement, and Defendant ETC

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continues its illegal activities.

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COMPLAINT FOR PATENT INFRINGEMENT

DOYLE LOW LLP

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Plaintiff will be substantially and irreparably harmed if Defendant ETC’s

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infringement is not enjoined, and a sufficiently strong causal nexus relates the alleged harm to

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the alleged infringement. Plaintiff does not have an adequate remedy at law.

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PRAYER FOR RELIEF

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Wherefore, Plaintiff prays for relief as follows:

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  • (A) A judgment declaring that Defendant ETC is infringing, inducing infringement of,

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and/or contributorily infringing the '732 patent;

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  • (B) A judgment declaring that Defendant ETC is infringing, inducing infringement of,

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and/or contributorily infringing the '392 patent;

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  • (C) A preliminary and permanent injunction enjoining Defendant ETC, its officers,

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agents, servants, and employees, and those persons in active concert or participation with it, from

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infringing, inducing infringement of, and/or contributorily infringing the '732 patent;

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  • (D) A preliminary and permanent injunction enjoining Defendant ETC, its officers,

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agents, servants, and employees, and those persons in active concert or participation with it, from

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infringing, inducing infringement of, and/or contributorily infringing the '392 patent;

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  • (E) Damages arising out of Defendant ETC's past, present and future infringement,

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inducement of infringement, and contributory infringement, with interest, such damages trebled,

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or increased in such other amounts as the Court shall deem appropriate, for their willful

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infringement;

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COMPLAINT FOR PATENT INFRINGEMENT

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  • (F) A finding that increased damages are warranted under 35 U.S.C. § 284, along

with interest, costs and expenses in this action and associated relief;

  • (G) A finding that this is an exceptional case within 35 U.S.C. § 285, along with an

award of attorneys fees, interest, costs and expenses and associated relief; and

  • (H) Such other relief as this Court may deem appropriate.

Dated: December 18, 2013

Respectfully submitted,

DOYLE LOW LLP

DOYLE LOW LLP 1 2 3 4 5 6 7 8 9 10 11 12 13

By ____________________________________ Richard P. Doyle, Jr. Attorneys for Plaintiff Zulch Laboratories, Inc.

DEMAND FOR JURY TRIAL PURSUANT TO FED. R. CIV. P. 38(b).

Dated: December 18, 2013

Respectfully submitted,

DOYLE LOW LLP

DOYLE LOW LLP 1 2 3 4 5 6 7 8 9 10 11 12 13

By ____________________________________ Richard P. Doyle, Jr. Attorneys for Plaintiff Zulch Laboratories, Inc.

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COMPLAINT FOR PATENT INFRINGEMENT