Lumenpulse Group v. Insight Lighting - Complaint

Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 1 of 21
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO
Lumenpulse Group, Inc. §

§
Plaintiff, §
Civil Action No. ____________
§
v. §
JURY TRIAL DEMANDED
§
Insight Lighting, Inc., §
§
Defendant. §
§
PLAINTIFF’S ORIGINAL COMPLAINT
Plaintiff Lumenpulse Group, Inc. (“Lumenpulse”) hereby asserts the following claims for
patent infringement against Defendant Insight Lighting, Inc. (“Insight”), and states as follows:
NATURE OF ACTION
1. This is an action for patent infringement based upon Defendant’s infringing
Lumenpulse’s intellectual property, including Lumenpulse’s patented lighting products protected
by U.S. Patent Nos. 9,291,334; 9,638,381; and D693,500 (“Patents-in-suit”).
2. Lumenpulse is the legal owner by assignment of the Patents-in-suit, which were
duly and legally issued by the United States Patent & Trademark Office.
3. As a result of Defendant’s unlawful infringement, Defendant has been wrongfully
enriched, and Plaintiff has been injured through loss of sales and good will, and seeks injunctive
and monetary remedies under the federal patent statute, 35 U.S.C. §§ 284, 285, and 289.
THE PARTIES
4. Plaintiff incorporates the preceding paragraphs herein by reference.
2957229.1
5. Plaintiff Lumenpulse Group, Inc. is a Canadian corporation headquartered at 1220
Marie-Victorin Blvd., Longueuil, Quebec, Canada J4G 2H9. Lumenpulse also has a Sales and
Technology Center in Boston, Massachusetts.
6. On information and belief, Defendant Insight Lighting, Inc. is a New Mexico
corporation with its principal place of business at 4341 Fulcrum Way NE, Rio Rancho, New
Mexico 87144.
7. Defendant can be served via an officer, managing agent or general or registered
agent.
JURISDICTION AND VENUE
9. This is an action for patent infringement brought under the patent laws of the
United States, 35 U.S.C. § 1, et seq. This Court has original subject matter jurisdiction over the
claims in this action pursuant to 28 U.S.C. § 1331 (federal question), and 28 U.S.C. § 1338(a)
(patents).
10. Defendant is a New Mexico corporation and has its principal place of business in
the Judicial District, sufficient enough to make the exercise of personal jurisdiction proper.
11. Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b), because
Defendant is incorporated in New Mexico, and has its principal place of business in New
Mexico.
12. On information and belief, Defendant’s infringing products are offered for sale
and sold across the United States, including in the State of New Mexico.
BACKGROUND FACTS
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14. Plaintiff designs, develops, manufactures and sells a wide range of high-
performance and sustainable specification-grade LED lighting solutions for commercial,
institutional and urban environments. Plaintiff is a leading pure-play specification-grade LED
lighting solutions provider and has earned many awards and recognitions, including several
Product Innovation Awards (PIA), three Next Generation Luminaires Design Awards, a Red Dot
Product Design Award and a Lightfair Innovation Award.
Lumenpulse Patents
15. Plaintiff is the owner of U.S. Patent No. 9,291,334 (the “334 Patent”) entitled
“Wall Wash Lighting System,” which was issued by the United States Patent and Trademark
Office on March 22, 2016. A copy of the 334 Patent is attached as Exhibit A.
16. The 334 Patent is valid, enforceable, and was duly issued in full compliance with
Title 35 of the United States Code.
17. Plaintiff is the owner of U.S. Patent No. 9,638,381 (the “381 Patent”) entitled “In-
Ground Light Fixture System With Improved Installation Closure Mechanism And Drainage,”
which was issued by the United States Patent and Trademark Office on May 2, 2017. A copy of
the 381 Patent is attached as Exhibit B.
19. Plaintiff is the owner of U.S. Patent No. D693,500 (the “500 Patent”) entitled
“LED (Light Emitting Diode) Projection Fixture,” which was issued by the United States Patent
and Trademark Office on November 12, 2013. A copy of the 500 Patent is attached as Exhibit
C.
3
21. In contravention of 35 U.S.C. § 271 and § 289, Defendant infringes the Patents-
in-suit by making, using, selling, and/or offering to sell, or causing others to make, use, sell,
and/or offer to sell lighting products, which embody the claims thereof.
22. Plaintiff is also the owner of unasserted U.S. Patent No. D773, 712 (the “712
Patent”) entitled “Linear Light Fixture And Block-out Structure,” which was issued by the
United States Patent and Trademark Office on December 6, 2016. A copy of the 712 Patent is
attached as Exhibit D.
CAUSE OF ACTION
COUNT I
(Infringement of U.S. Patent No. 9,291,334)
25. The 334 Patent is directed to an illumination system for illuminating a surface,
such as a wall, from a floor mounted optical source for generating light. An asymmetric optic
device generates output light by total internal reflection (TIR) of the light from the optical
source, intensity of the output light being asymmetric with respect to an axis of the asymmetric
optic device. A diffuser receives and diffuses the output light from the asymmetric optic device
to generate diffused light. A cover lens receives the diffused light from the diffuser. The cover
lens has an etched portion for scattering a portion of the diffused light to generate an output light
pattern, the output light pattern having an intensity profile that is asymmetric with respect to the
axis of the asymmetric optic device.
4
26. The 334 Patent claims, among other things, “[a]n illumination system for
illuminating a surface, comprising: an optical source for generating light; an asymmetric optic
device for generating output light by total internal reflection (TIR) of the light from the optical
source, the asymmetric optic device having an axis, intensity of the output light being
asymmetric with respect to the axis of the asymmetric optic device; a diffuser receiving and
diffusing the output light from the asymmetric optic device to generate diffused light; and a
cover lens receiving the diffused light from the diffuser and generating an output light pattern
from the diffused light from the diffuser that is transmitted through the cover lens, the cover lens
having an etched portion and a non-etched portion, the etched portion of the cover lens
asymmetrically scattering only a portion of the diffused light that is transmitted through the
cover lens to generate the output light pattern such that the output light pattern has an intensity
profile that is asymmetric with respect to the axis of the asymmetric optic device; wherein the
surface being illuminated is substantially parallel to the axis of the asymmetric optic device.”
27. Lumenpulse manufactures and sells lighting products practicing the 334 Patent
with its “Lumenfacade” family of products, one of which is the “Lumenfacade Inground.”
28. Defendant is infringing the 334 Patent at least by making, using, offering to sell,
and selling, its “Medley InGrade – MIG” line of in-ground mounted lighting (“MIG product”).
In particular, the MIG product offering with “Optics” option of “Asymmetric Low Wallwash”
infringes the 334 Patent. The 334 Patent is entitled “Wall Wash Lighting System.”
5
See Insight Lighting, Medley InGrade – MIG White Light available at

http://www.insightlighting.com/product/medley-ingrade-white-lightstatic-colors/ (last visited
Mar. 26, 2019).
29. As one non-limiting example, set forth below (with claim language in italics), is a
description of exemplary claim 1 of the 334 Patent as to Defendant’s MIG product. This
description is based on publicly available information. Lumenpulse reserves the right to modify
this description including, for example, on the basis of information about the MIG product or
other products it obtains during discovery.
30. “an optical source for generating light” – the MIG product contains an LED
optical source, which can be white or colored light.
31. “an asymmetric optic device for generating output light by total internal
reflection (TIR) of the light from the optical source, the asymmetric optic device having an axis,
intensity of the output light being asymmetric with respect to the axis of the asymmetric optic
device” and “a diffuser receiving and diffusing the output light from the asymmetric optic device
to generate diffused light” – all of the MIG products contain a asymmetric optic device for
generating light by total internal reflection of the light with a diffuser. In the below illustration,
6
from the MIG product brochure, the left-most light pattern emanating from the TIR is
asymmetric to the axis of the optical device, and the light pattern emanating from the rectangular
representation of the MIG product demonstrates the effect of the diffuser:
See Insight Lighting, Medley InGrade Brochure available at http://www.insightlighting.com/wp-

content/uploads/images/Medley%20Ingrade/Medley_Ingrade_Brochure.pdf (last visited Mar. 26,
2019).
32. “a cover lens receiving the diffused light from the diffuser and generating an
output light pattern from the diffused light from the diffuser that is transmitted through the cover
lens, the cover lens having an etched portion and a non-etched portion, the etched portion of the
cover lens asymmetrically scattering only a portion of the diffused light that is transmitted
through the cover lens to generate the output light pattern such that the output light pattern has
an intensity profile that is asymmetric with respect to the axis of the asymmetric optic device” –
the MIG product Asymmetric Low optics are described by Defendant on its website using light-
emission pattern graphics and IES photometric files, which depict a refracted light pattern
directed lower than that which would emanate from the TIR in the absence of a cover lens that
produces this additional refraction.
7
See Insight Lighting, Medley InGrade available at

http://www.insightlighting.com/product/medley-ingrade-white-lightstatic-colors/ (“IES Files
Download) (last visited Mar. 26, 2019); Insight Lighting, Medley InGrade Brochure available at
http://www.insightlighting.com/wp-
8

2019)
33. On information and belief, the MIG product cover lens is comprised of at least
two section: one etched, and one not etched, and the former is responsible for the refraction
giving rise to the asymmetrically scattering of only a portion of the diffused light that is
transmitted through the cover lens.
34. “wherein the surface being illuminated is substantially parallel to the axis of the
asymmetric optic device” – the MIG product is designed for use illuminating a wall or vertical
faced object.
See Insight Lighting, Medley InGrade Brochure available at http://www.insightlighting.com/wp-

2019).
35. Defendant has infringed, currently infringes, and will continue to infringe, either
literally or under the doctrine of equivalents, the 334 Patent unless enjoined by this Court from
9
making, using, offering for sale, and/or selling the accused MIG product within the United
States. 35 U.S.C. § 271 et seq.
36. On information and belief, Defendant induced and/or directed its distributors,
resellers and customers, to infringe upon the 334 Patent in violation of 35 U.S.C. § 271(b)-(c).
37. On information and belief, Defendants knew of Plaintiff, Plaintiff’s patented
product, the 334 Patent, or was willfully blind to its existence, and Defendant knew or was
willfully blind in consciously ignoring the possibility that its actions would infringe the 334
Patent.
38. As a direct and proximate result of Defendant’s direct and indirect infringement
of the 334 Patent, Plaintiff is suffering damages, including without limitation lost profits and not
less than a reasonable royalty, as well as irreparable injury for which it has no adequate remedy
at law.
CAUSE OF ACTION
COUNT II
(Infringement of U.S. Patent No. 9,638,381)
40. The 381 Patent is directed to a lighting system includes a linear light fixture and a
linear blockout structure. The linear blockout structure includes a chamber in which the linear
light fixture is mountable and side walls on opposite sides of the chamber engageable by flange
portions of the linear light fixture when the linear light fixture and linear blockout structure are
assembled together. A hinge structure includes first and second hinge components engaging
each other such that when the linear blockout structure and linear lighting fixture are being
assembled, they are rotatable with respect to each other at the hinge structure. First and second
fastening components engage each other to hold the linear blockout structure and linear lighting
10
fixture assembled together with the linear light fixture being disposed within the chamber of the
linear blockout structure.
41. The 381 Patent claims, among other things, “[a] lighting system, comprising: a
linear light fixture; a linear blockout structure mountable in a base of the lighting system, the
linear light fixture being mountable in the linear blockout structure when the linear light fixture
and linear blockout structure are assembled together, the linear blockout structure including a
chamber in which the linear light fixture is mountable and side walls on opposite sides of the
chamber engageable by flange portions of the linear light fixture when the linear light fixture and
linear blockout structure are assembled together; a hinge structure comprising a first hinge
component on a first sidewall of the linear blockout structure and a second hinge component on a
first flange portion of the linear light fixture, the first and second hinge components engaging
each other such that when the linear blockout structure and linear lighting fixture are being
assembled, the linear blockout structure and linear lighting fixture are rotatable with respect to
each other at the hinge structure; and a fastening structure comprising a first fastening
component on a second flange portion of the linear light fixture and a second fastening
component on a second sidewall of the linear blockout structure, the first and second fastening
components engaging each other to hold the linear blockout structure and linear lighting fixture
assembled together with the linear light fixture being disposed within the chamber of the linear
blockout structure.”
42. Lumenpulse manufactures and sells lighting products practicing the 381 Patent
with its “Lumenfacade Inground” family of products.
11
43. Defendant is infringing the 381 Patent at least by making, using, offering to sell,
and selling, its “Medley InGrade – MIG” line of in-ground mounted lighting (previously
identified as “MIG product”).
44. As one non-limiting example, set forth below (with claim language in italics), is a
description of exemplary claim 1 of the 381 Patent as to Defendant’s MIG product. This
description is based on publicly available information. Lumenpulse reserves the right to modify
this description including, for example, on the basis of information about the MIG product or
other products it obtains during discovery.
45. “a linear light fixture” – the MIG product is a linear in ground lighting fixture
See Insight Lighting, Medley InGrade – MIG White Light available at

http://www.insightlighting.com/product/medley-ingrade-white-lightstatic-colors/ (last visited
Mar. 26, 2019).
46. “a linear blockout structure mountable in a base of the lighting system, the linear
light fixture being mountable in the linear blockout structure when the linear light fixture and
linear blockout structure are assembled together, the linear blockout structure including a
chamber in which the linear light fixture is mountable and side walls on opposite sides of the
chamber engageable by flange portions of the linear light fixture when the linear light fixture
and linear blockout structure are assembled together” – the MIG product has a linear blockout
12
structure, designated a “Concrete Pour Box,” which is mountable in a base of the lighting
system, such a sidewalk. A linear light structure, designated “Luminaire Assembly,” is
mountable within the blockout structure, engageable by flange portions of the linear light fixture
when assembled.
13
See Medley InGrade Installation Guide available at

http://www.insightlighting.com/product/medley-ingrade-white-lightstatic-colors/
(installation guide, IS11331-2_MEDLEY_INGRADE_LUMINAIRE_INSTALL.pdf) (last
visited Mar. 26, 2019).
47. “a hinge structure comprising a first hinge component on a first sidewall of the
linear blockout structure and a second hinge component on a first flange portion of the linear
light fixture, the first and second hinge components engaging each other such that when the
14
linear blockout structure and linear lighting fixture are being assembled, the linear blockout
structure and linear lighting fixture are rotatable with respect to each other at the hinge
structure” – the sidewall of the blockout structure has a first flange, which rotatable engages a
second hinge on the flange of the light fixture.
See Medley InGrade Installation Guide available at

48. “a fastening structure comprising a first fastening component on a second flange
portion of the linear light fixture and a second fastening component on a second sidewall of the
linear blockout structure, the first and second fastening components engaging each other to hold
the linear blockout structure and linear lighting fixture assembled together with the linear light
fixture being disposed within the chamber of the linear blockout structure” – the light fixture has
a first fastening component on its flange, and the blockout structure has a second fastening
component on its sidewall, which engage to hold the light fixture within the blockout structure.
15
See Insight Lighting, Medley InGrade Installation Guide available at

49. Defendant has infringed, currently infringes, and will continue to infringe, either
literally or under the doctrine of equivalents, the 381 Patent unless enjoined by this Court from
making, using, offering for sale, and/or selling the accused MIG product patented design within
the United States. 35 U.S.C. § 271 et seq.
51. On information and belief, Defendant knew of Plaintiff, Plaintiff’s patented
product, the 381 Patent, or was willfully blind to its existence, and Defendant knew or was
Patent.
of the 381 Patent, Plaintiff is suffering damages, including without limitation lost profits and not
16
less than a reasonable royalty, as well as irreparable injury for which it has no adequate remedy
at law.
53. Plaintiff is also the owner of the 712 Patent, entitled “Linear Light Fixture And
Block-out Structure,” which also relates to block-out designs/products. Plaintiff does not assert
the 712 Patent in this case, but reserves the right to pursue such claims should evidence adduced
in discovery support infringement by Defendant’s blockout designs/products.
CAUSE OF ACTION
COUNT III
(Infringement of U.S. Patent No. D693,500)
55. The 500 Patent claims the ornamental design of and LED Projection Fixture such
as shown below:
Exhibit C, FIGS. 1-3.
56. Lumenpulse manufactures and sells lighting products with the design of the 500
Patent under its “Lumenbeam” family of products.
17
57. In contravention of 35 U.S.C. § 271 and § 289, Defendant infringed the 500
Patent by making, using, selling, and/or offering to sell, or causing others to make, use, sell,
and/or offer to sell LED lighting fixtures, including but not limited to the “Pro-Spot” lights,
which embody the design claimed in the 500 Patent.
See Insight Lighting, Pro-Spot Brochure available at http://www.insightlighting.com/wp-

content/uploads/images/9-Spot/Pro-Spot%20Brochure.pdf (last visited Mar. 26, 2019).
58. The overall appearance of Defendant’s Pro-Spot is substantially the same as the
design in the 500 Patent, and/or at least a colorable imitation thereof.
59. By way of example, both designs comprise an industrial design, including a round
configuration of lens with aimable hinge, aimable hinge increments, an angular dual
compartment design comprising an LED part with fins, and a power supply part without fins, and
tapered fins with thicker portions on the lens side.
60. The ordinary observer, seeing the Pro-Spot, would be deceived into believing that
it is the same as Plaintiff’s patented design.
18
61. Defendant has infringed, currently infringes, and will continue to infringe, the 500
Patent unless enjoined by this Court from making, using, offering for sale, importing and/or
selling Plaintiff’s patented design within the United States. 35 U.S.C. § 271(a).
63. Defendant’s acts of direct and indirect patent infringement are continuing and
ongoing.
64. On information and belief, Defendant knew of Plaintiff, Plaintiff’s patented
product, the 500 Patent, or was willfully blind to its existence, and Defendants knew or was
Patent.
of the 500 Patent, Defendant has been unjustly enriched, and Plaintiff is suffering damages,
including without limitation lost profits and not less than a reasonable royalty, as well as
irreparable injury for which it has no adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests the Court enter judgment against
Defendant:
1. Finding that Defendant infringes U.S. Patent Nos. 9,291,334; 9,638,381; and
D693,500;
2. Pursuant to 35 U.S.C. § 283, granting a preliminary and permanent injunction
enjoining Defendant, its subsidiaries, affiliates, divisions, officers, agents,
19
servants, employees, directors, partners, representatives, and all parties in active
concert and/or participation with Defendant from directly or indirectly making,
having made, selling, offering for sale, distributing, using, or importing into the
United States products that infringe the 9,291,334; 9,638,381; and D693,500
Patents;
3. Issue an Order prohibiting Defendant from: making, using, selling, offering for
sale, and/or importing the accused products into the United States;
4. Pursuant to 35 U.S.C. § 284, ordering Defendant to account for and pay to
Plaintiff all damages caused by Defendant’s infringement of the 9,291,334;
9,638,381; and D693,500 Patents, including lost profits and interest, but in no
event less than a reasonable royalty;
5. Pursuant to 35 U.S.C. § 289, awarding to Plaintiff the total extent of Defendant’s
total profits derived from sales of the accused products that infringe the D693,500
Patent;
6. Pursuant to 35 U.S.C. § 285, awarding to Plaintiff all costs and attorney’s fees
incurred in connection with this action, upon a judgment declaring this an
exceptional case; and
7. Such other and further relief as the Court deems just and proper.
JURY DEMAND
Plaintiff demands trial by jury pursuant to Fed. R. Civ. P. 38(b).
20
Respectfully submitted,
RODEY, DICKASON, SLOAN, AKIN & ROBB, P.A.
By /s/Leslie McCarthy Apodaca_______

Leslie McCarthy Apodaca
Post Office Box 1888
Albuquerque, New Mexico 87103
Telephone: (505) 765-5900
Facsimile: (505) 768-7395
[email protected]
Attorneys for Plaintiff Lumenpulse Group, Inc.
OF COUNSEL:
Howard J. Susser (MA Bar 636183)*
Joseph Maraia (MA Bar 650569) *
Eric G. J. Kaviar (MA Bar 670833)*
Anthony Faillaci (MA Bar 697711)*
BURNS & LEVINSON LLP
125 Summer Street
Boston, MA 02110-1324
Telephone: 617-345-3000
Facsimile: 617-345-3299
[email protected]
[email protected]
[email protected]
[email protected]
* - Entry of Appearance and Certificates of Good Standing to be filed.
21
Case 1:19-cv-00328 Document 1-1 Filed 04/08/19 Page 1 of 2
JS 44 (Rev. 02/19) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Insight Lighting, Inc.
Lumenpulse Group, Inc.
(b) County of Residence of First Listed Plaintiff Canada County of Residence of First Listed Defendant Sandoval County, USA
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Leslie McCarthy Apodaca, Esq., Rodey, Dickason, Sloan, Akin & Robb,
P.A., 201 3rd Street NW, Suite 2200, Albuquerque, NM 87102
505-765-5900
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
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& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
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Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 485 Telephone Consumer
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) Protection Act
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 490 Cable/Sat TV
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’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) Exchange
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 890 Other Statutory Actions
Medical Malpractice Leave Act ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 893 Environmental Matters
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 895 Freedom of Information
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) Act
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 896 Arbitration
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 899 Administrative Procedure
’ 245 Tort Product Liability Accommodations ’ 530 General Act/Review or Appeal of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: ’ 462 Naturalization Application ’ 950 Constitutionality of
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration State Statutes
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 1, et seq.
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
04/08/2019 /s/ Leslie McCarthy Apodaca
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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JS 44 Reverse (Rev. 02/19) Case 1:19-cv-00328 Document 1-1 Filed 04/08/19 Page 2 of 2
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The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
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EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D

Lumenpulse Group v. Insight Lighting - Complaint

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Lumenpulse Group v. Insight Lighting - Complaint

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Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 1 of 21

IN THE UNITED STATES DISTRICT COURT

Lumenpulse Group, Inc. §

PLAINTIFF’S ORIGINAL COMPLAINT

1. This is an action for patent infringement based upon Defendant’s infringing

Lumenpulse’s intellectual property, including Lumenpulse’s patented lighting products protected

by U.S. Patent Nos. 9,291,334; 9,638,381; and D693,500 (“Patents-in-suit”).

2. Lumenpulse is the legal owner by assignment of the Patents-in-suit, which were

3. As a result of Defendant’s unlawful infringement, Defendant has been wrongfully

4. Plaintiff incorporates the preceding paragraphs herein by reference.

5. Plaintiff Lumenpulse Group, Inc. is a Canadian corporation headquartered at 1220

Technology Center in Boston, Massachusetts.

6. On information and belief, Defendant Insight Lighting, Inc. is a New Mexico

7. Defendant can be served via an officer, managing agent or general or registered

JURISDICTION AND VENUE

8. Plaintiff incorporates the preceding paragraphs herein by reference.

13. Plaintiff incorporates the preceding paragraphs herein by reference.

performance and sustainable specification-grade LED lighting solutions for commercial,

institutional and urban environments. Plaintiff is a leading pure-play specification-grade LED

Product Design Award and a Lightfair Innovation Award.

Title 35 of the United States Code.

the 381 Patent is attached as Exhibit B.

Title 35 of the United States Code.

Title 35 of the United States Code.

Title 35 of the United States Code.

24. Plaintiff incorporates the preceding paragraphs herein by reference.

axis of the asymmetric optic device.

See Insight Lighting, Medley InGrade – MIG White Light available at

other products it obtains during discovery.

optical source, which can be white or colored light.

representation of the MIG product demonstrates the effect of the diffuser:

See Insight Lighting, Medley InGrade Brochure available at http://www.insightlighting.com/wp-

produces this additional refraction.

See Insight Lighting, Medley InGrade available at

content/uploads/images/Medley%20Ingrade/Medley_Ingrade_Brochure.pdf (last visited Mar. 26,

transmitted through the cover lens.

See Insight Lighting, Medley InGrade Brochure available at http://www.insightlighting.com/wp-

States. 35 U.S.C. § 271 et seq.

37. On information and belief, Defendants knew of Plaintiff, Plaintiff’s patented

39. Plaintiff incorporates the preceding paragraphs herein by reference.

linear blockout structure.

with its “Lumenfacade Inground” family of products.

identified as “MIG product”).

other products it obtains during discovery.

See Insight Lighting, Medley InGrade – MIG White Light available at

system, such a sidewalk. A linear light structure, designated “Luminaire Assembly,” is

See Medley InGrade Installation Guide available at

second hinge on the flange of the light fixture.

See Medley InGrade Installation Guide available at

48. “a fastening structure comprising a first fastening component on a second flange

See Insight Lighting, Medley InGrade Installation Guide available at

the United States. 35 U.S.C. § 271 et seq.

51. On information and belief, Defendant knew of Plaintiff, Plaintiff’s patented

in discovery support infringement by Defendant’s blockout designs/products.

54. Plaintiff incorporates the preceding paragraphs herein by reference.

Exhibit C, FIGS. 1-3.

Patent under its “Lumenbeam” family of products.

which embody the design claimed in the 500 Patent.