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KILPATRICK TOWNSEND & STOCKTON LLP ROGER L. COOK (State Bar No. 55208) rcook@kilpatricktownsend.com ROBERT D. TADLOCK (State Bar No. 238479) rtadlock@kilpatricktownsend.com KEVIN J. O'BRIEN (State Bar No. 278823) KOBrien@kilpatricktownsend.com Eighth Floor, Two Embarcadero Center San Francisco, CA 94111 Telephone: 415 576 0200 Facsimile: 415 576 0300 Attorneys for Plaintiff LED ENGIN, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

LED ENGIN, INC., a Delaware corporation, Plaintiff, v. LUMINUS DEVICES, INC., a Delaware corporation, Defendant.

COMPLAINT FOR PATENT INFRINGEMENT

DEMAND FOR JURY TRIAL

COMPLAINT FOR PATENT INFRINGEMENT

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Plaintiff Luminus Devices, Inc. (Luminus), for its Complaint against Defendant LED Engin, Inc., (Defendant), alleges as follows: THE PARTIES 1. LED Engin, Inc. is a California corporation with its principal place of business in

San Jose, California. 2. Upon information and belief, Luminus Devices, Inc. is a Delaware corporation with

its principal place of business in Billerica, Massachusetts. NATURE OF THE ACTION 3. 4. This is an action for patent infringement. LED Engin is informed and believes, and thereupon alleges, that Defendant has

been and is infringing, contributing to the infringement of, and/or actively inducing others to infringe claims of U.S. Patent No. 7,473,933 (the 933 patent). JURISDICTION 5. This action arises under the patent laws of the United States, 35 U.S.C. 1, et seq.,

including 35 U.S.C. 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). VENUE 6. Venue is proper in this court under 28 U.S.C 1391(b), 1391(c), 1391(d) and/or

1400(b) because a substantial part of the events giving rise to Luminus claims occurred in the Northern District of California and because Defendant is subject to personal jurisdiction in the Northern District of California. INTRADISTRICT ASSIGNMENT 7. This is an intellectual property action and therefore shall be assigned on a district-

wide basis per Civil L.R. 3-2(c). FACTS 8. LED Engin develops and manufactures high performance light emitting diode

(LED) lighting devices which are used in entertainment lighting; architectural lighting; high-

COMPLAINT FOR PATENT INFRINGEMENT

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end interior lighting; specialized lighting applications such as food, medicine and horticulture; analytical and curing; workplace bay lighting; and other lighting applications. 9. LED Engin has invested in research and development of LED technology and LED

Engin relies on the United States patent system to protect the LED technology resulting from its research and development. LED Engins success depends on research and development of LED technology and the protection of the intellectual property resulting from such research and development. A. 10. The Asserted Patent LED Engin is the owner by assignment of the 933 patent for High Power LED

Package with Universal Bonding Pads and Interconnect Arrangement, issued on January 6, 2009 by the United States Patent and Trademark Office. A copy of the 933 patent is attached hereto as Exhibit A. 11. The inventor of the 933 patent, Xianto Yan, assigned all right, title and interest in

the 933 patent to LED Engin (Cayman Islands), which assignment was recorded in the United States Patent and Trademark Office on October 26, 2005, at Reel 017155, Frame 0084. LED Engin (Cayman Islands) assigned all right, title and interest in the 933 patent to LED Engin (US), which assignment was recorded in the United States Patent and Trademark Office on January 10, 2014, at Reel 031944, Frame 0815. 12. B. 13. The 933 patent is directed to light emitting diode devices. Defendants Acts of Infringement LED Engin is informed and believes, and thereupon alleges, that Defendant has

made, used, sold, imported, and/or offered for sale, and/or continued to make, use, sell, import, and/or offer for sale, LED emitters in the United States. 14. The aforementioned Defendant products are hereinafter referred collectively as the

Accused Products. The Accused Products include at least, but are not limited to, Luminus CBM380, Luminus CBT190C and Luminus SM160 LED emitters.

COMPLAINT FOR PATENT INFRINGEMENT

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15.

LED Engin is informed and believes, and thereupon alleges, that every feature of

claims 5, 8 and 11 of the 933 patent is found in each of the Accused Products, including but not limited to: Claim 5: a top body layer; a cavity disposed through the top body layer and having a floor for bonding to the multiple LED's; a thermal conduction layer bonded to the top body layer and having a top surface forming the floor of the cavity and a bottom surface, the thermal conduction layer including a thermally conducting ceramic material disposed between the floor and the bottom surface; a plurality of LED bonding pads in direct contact with the floor and configured to bond to the multiple LED's; and a plurality of electrical bonding pads in direct contact with the floor, proximate to the LED bonding pads, and in electrical communication with a plurality of electrical contacts disposed on a surface of the body. Claim 8: The package of claim 5 wherein the plurality of electrical contacts are disposed on the bottom surface of the thermal conduction layer. Claim 11: The light emitting device of claim 5 wherein the plurality of LED bonding pads are electrically conductive.

16. through 15. 17.

LED Engin realleges and incorporates by reference the allegations of Paragraphs 1

Defendant has directly infringed the 933 patent by making, using, importing,

selling or offering for sale the Accused Products in the United States. 18. The willful and intentional nature of Defendants patent infringement makes this an -3-

COMPLAINT FOR PATENT INFRINGEMENT

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exceptional case under 35 U.S.C. 285. 19. As a result of Defendants patent infringement, LED Engin has suffered damages in

an amount to be determined at trial. 20. As a result of Defendants patent infringement, LED Engin has also suffered

irreparable injury to its business, reputation, and goodwill. LED Engin will continue to suffer irreparable injury unless Defendants misconduct is enjoined by the Court.

PRAYER FOR RELIEF Wherefore, LED Engin asks this Court to enter judgment in its favor against Defendant and grant the following relief: 1. a judgment that Defendant has infringed and continues to infringe the 933 Patent

as alleged above; 2. a judgment accounting for all damages sustained by LED Engin as a result of

Defendants acts of infringement of the 933 Patent; 3. a judgment enjoining Defendant, and all of their officers, directors, employees,

agents, and representatives, from making, using, offering to sell, or selling any products that infringe the 933 Patent including at least Luminus Luminus CBM380, Luminus CBT90C and Luminus SM160 LED emitters. 4. A judgment ordering Defendant to file with this Court and serve upon Led Engin

with thirty (30) days after entry of the injunction a report in writing under oath setting forth in detail the manner and form in which Defendant has complied with the injunction; 5. A judgment awarding LED Engin actual damagesm adequate to compensate LED

Engin for Defendants acts of patent infringement, together with prejudgment and post-judgment interest; 6. A judgment awarding LED Engin enhanced damages, up to and including three

times Luminus damages, plus interest, under 35 U.S.C. 284. 7. A judgment that LED Engin recover its attorneys fees in connection with this

action pursuant to 35 U.S.C. 285;

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8. 9.

A judgment that LED Engin recover the costs of this action plus interest; and, A judgment that LED Engin be granted such other and further relief as the Court

deems just and proper.

DEMAND FOR JURY TRIAL LED Engin hereby demands trial by jury of all issues so triable.

DATED: January 13, 2014

Respectfully submitted, KILPATRICK TOWNSEND & STOCKTON LLP

By:

/s/ Roger L. Cook ROGER L. COOK

Attorneys for Plaintiff LED ENGIN, INC.

65989937V.1

COMPLAINT FOR PATENT INFRINGEMENT

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EXHIBIT A