IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

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Ml.C.

10

BLUESTONE INNOVATIONS, LLC,

Plaintiff,
CASE NO.
v.

LG ELECTRONICS, INC. and LG ELECTRONICS U.S.A., INC.,

JURY DEMANDED

COMPLAINT

Plaintiff Bluestone Innovations, LLC ("Bluestone") complains of defendants LG

Electronics, Inc. and LG Electronics U.S.A., Inc. (collectively "LG" or "Defendants") as follows:
THE PARTIES

1.

Bluestone is a Virginia limited liability company located at 1984 Isaac Newton

Square, Suite 203, Reston Virginia 20190.

2.

LG Electronics, Inc. is a Korean corporation having a principal place of business

located at 20, Yeouido-dong, Yeongdeungpo-Gu, Seoul 150-721, Korea. Upon information and belief, LG Electronics, Inc. directly and/or indirectly controls the operations of its subsidiary, LG
Electronics U.S.A., Inc.

3.

LG Electronics U.S.A., Inc. is a Delaware corporation having a principal place of

business located at 1000 Sylvan Avenue, Englewood Cliffs, New Jersey 07632. LG Electronics
U.S.A., Inc. is a subsidiary of LG Electronics, Inc.

JURISDICTION AND VENUE

4.

This is an action for patent infringement arising under the patent laws of the

United States (Title 35 of the United States Code). The Court has subject matterjurisdiction of
this action pursuant to 28 U.S.C. 1331 and 1338(a).
5. Defendants have done business in this District and have committed acts of

infringement in this District.

Such acts include soliciting, advertising (including through

websites), offering to sell, selling and/or distributing infringing products, either directly or
through intermediaries and agents, within this District.

6.

Venue is proper in this district under 28 U.S.C. 1391(c) and 1400(b).

Defendants are subject to personal jurisdiction in this District and have committed acts of
infringement in this District.
FACTUAL ALLEGATIONS

A.

The Patent-in-Suit

7.

United States Patent No. 6,163,557 ("the '557 patent"), entitled "Fabrication of

Group III-V Nitrides on Mesas," was duly and legally issued by the United States Patent and
Trademark Office on December 19, 2000.

8.

Bluestone is the owner of the '557 patent by virtue of an assignment and owns all

rights, title, and interest in the '557 patent subject to an exclusive field of use license held by a

third party for the field of Optical Media Storage Devices and Components. Bluestone is not
asserting claims of infringement of the '557 patent for any Optical Media Storage Device or Component made, used, sold, offered for sale, and/or imported into the United States by
Defendants.

B.

Infringement of the Patent-in-Suit

9.

Defendants have been and are engaged in the manufacture, use, offer for sale,

sale, and/or importation into the United States of light emitting diode ("LED") backlit

televisions. The specific model numbers of such products change frequently. Upon information
and belief, Defendants have made, used, offered for sale, sold, and/or imported into the United

States at least the LED backlit televisions that are identified by model number in Exhibit A
attached hereto.

10.

Defendants' 47LW6500 LED backlit television contains LED semiconductor

components that infringe at least one claim of the '557 patent. Upon information and belief, one
or more of Defendants' LED backlit televisions identified in Exhibit A hereto contain the same or

substantially similar LED semiconductor components as those contained within Defendants'

11.

Upon information and belief, Defendants, through their confidential documents

such as bills of materials and the like, can readily identify which of their LED backlit televisions, including without limitation those identified in Exhibit A hereto, contain LED semiconductor components that are the same or substantially similar to the infringing LED semiconductor
components contained in Defendants' 47LW6500 LED backlit television.
COUNT I INFRINGEMENT OF THE '557 PATENT

12.

Bluestone realleges and incorporates by reference each and every allegation set

forth in the proceeding paragraphs 1-11 as if fully set forth here.

13.

Defendants have infringed at least claim 1 of the '557 patent through, among other

activities, manufacturing, using, selling, offering to sell, and/or importing into the United States,

products that employ the inventions of the '557 patent within the meaning of 35 U.S.C. 271(a).
An example of such infringing products is the LG 47LW6500 LED backlit television. Other LG LED backlit televisions, including without limitation those identified in Exhibit A attached
hereto, are also believed to infringe at least claim 1 of the '557 patent.

14.

Defendants have infringed at least claim 23 of the '557 patent through their

importation into the United States, or their offering to sell, selling and/or using within the United
States, products having components which were made by a process patented in the United States
within the meaning of 35 U.S.C. 271(g). An example of such infringing products is the LG
47LW6500 LED backlit television. Other LG LED backlit televisions, including without

limitation those identified in Exhibit A attached hereto, are also believed to infringe at least
claim 23 of the '557 patent.

15.

As a direct and proximate result of Defendants' infringement, Bluestone has

suffered, and will continue to suffer, serious irreparable injury for which Bluestone is entitled to

recover damages adequate to compensate it for such infringement, but, in no event, less than a
reasonable royalty.
PRAYER FOR RELIEF

WHEREFORE, Bluestone respectfully requests that this Court enter judgment in its favor and against Defendants and their respective subsidiaries, affiliates, agents, servants, employees

and all persons in active concert or participation with Defendants and grant the following relief:
A. That this Court adjudge and decree that Defendants have been and are currently

infringing the '557 patent;

B.

That this Court award damages to Bluestone to compensate for each of the

unlawful actions set forth in Bluestone's complaint;

C.

That this Court award prejudgment interest on such damages to Bluestone from

the date infringement of the '557 patent began;

D.

That this Court determine that this patent infringement case is exceptional and

award Bluestone its costs and attorneys' fees incurred in this action pursuant to 35 U.S.C. 285;
and

E.

That this Court award such other relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL

Bluestone respectfully requests a trial by jury on all the issues triable thereby.

Dated: September 10, 2012

Respectfully submitted,

iy SjOwen (VSB #27692)

SLU^

Ben Selan (VSB #65923)

8000 Towers Crescent Drive, Suite 160 Vienna, VA 22182 Tel: (703) 847-4480 Fax: (703) 847-4499

OfCounsel
Dean D. Niro

[email protected] David J. Mahalek [email protected]

Robert A. Conley
[email protected]

NIRO, HALLER & NIRO 181 West Madison, Suite 4600 Chicago, IL 60602-4515 Tel: (312) 236-0733 Fax:(312)236-3137

Attorneysfor Plaintiff
Bluestone Innovations, LLC