Aurora LED Tech. v. Putco - Complaint

Case 1:18-cv-01866-NGG-RML Document 1 Filed 03/27/18 Page 1 of 12 PageID #: 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
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AURORA LED TECHNOLOGY, INC. and
SHENZHEN AURORA TECHNOLOGY CO.,
LTD., Civil Action No: 1:18-cv-1866
Plaintiffs, Complaint
-against- Jury Trial Demanded
PUTCO, INC.,
Defendant.
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Plaintiffs Shenzhen Aurora Technology Co., Ltd. (“Aurora”) and Aurora LED
Technology, Inc. (“Aurora LED”) file this Complaint against defendant Putco, Inc. (“Putco”),
wherein Aurora and Aurora LED seek a declaratory judgment of non-infringement, invalidity,
and unenforceability of Unites States Patent No. 9,243,796B1 (the “’796 Patent”) pursuant to the
Declaratory Judgment Act, U.S.C. §§ 2201 and 2202, and the patent laws of the United States,
35 U.S.C. § 1 et seq., and seek a judgment of infringement by Putco of Aurora’s U.S. Patent No.
US D808,049S (the “’049 Patent”) pursuant to 35 U.S.C. §§ 271 and 281, and damages resulting
therefrom pursuant to 35 U.S.C. § 284, and seek a judgment against Putco for tortuously
interference with contractual relationships under New York common law, committing deceptive
acts and practices under New York General Business Law § 349, committing unfair competition
under New York common law and 15 U.S.C. § 1125(a) and such other relief as the Court deems
just and proper, and in support thereof allege as follows:
The Parties
1. Aurora is a corporation organized and existing under the laws of People’s
Republic of China with a principal place of business at 4D-4F, Baoling Building, Danzhutou,
1
Longgang District, Shenzhen City, Guangdong Province, China. Aurora manufactures its light-
emitting diode (“LED”) products in China and, through a subsidiary, has sales office in New
York, United States.
2. Aurora LED is a New York corporation with a principal place of business at 136-
33 37th Avenue, 9th Floor, Flushing, NY 11354. It is a subsidiary of Aurora in the United States.
3. Upon information and belief, Putco is an Iowa corporation with a principal place
of business at 5701 NE 22nd Street, Des Moines, Iowa, 50313. Putco conducts substantial and
continuous business in this district and is subject to personal jurisdiction in this district.
Jurisdiction and Venue
4. Plaintiffs’ federal law claims are predicated upon the Declaratory Judgment Act,
28 U.S.C. §§ 2201 and 2202, the U.S. Patent Act, 35 U.S.C. § 1 et seq. and the Lanham Act, 15
U.S.C. § 1125 et seq.
5. Subject matter jurisdiction is proper under 28 U.S.C. §§ 1331 and 1338 and 28
U.S.C. §§ 2201 and 2202.
6. This Court has supplemental jurisdiction under 28 U.S.C. § 1367 for substantial
and related claims brought under the statutory and common law of the State of New York.
7. This Court has in personam jurisdiction over Putco because Putco conducts
continuous, systematic, and routine business within this judicial district and/or because Putco has
committed tortious acts in this district.
8. Venue in this district is proper under 28 U.S.C. § 1391(b) and (c).
2
Patents-in-Suit
9. The ’796 Patent, entitled “LED Lamp With A Flexible Heat Sink,” names on its
face James P. Elwell and Trent Quick as inventors and states that it was issued on January 26,
2016 to assignee Putco, Inc. See Exhibit A.
10. The ’049 Patent, entitled “LED Car Light,” names on its face Qingbo Xie, as
inventors and states that it was issued on Jan.16, 2018 to assignee Shenzhen Aurora Technology
Co., Ltd. See Exhibit B.
Background
11. Aurora is a leading manufacturer and supplier of LED products, with customers
around the world, including this district.
12. Aurora’s products include LED off-road light bars, LED working lights, LED
round lights, LED marine lights and LED scene lights (collectively, “Aurora LED Products”).
13. Aurora successfully competes against Putco, who is also in the business of
manufacturing and supplying LED products.
14. Putco has been aggressively sending emails and letters with threats of litigation to
Aurora and Aurora LED’s customers in the United States and Canada.
15. For example, in one letter sent by Putco to Aurora and Aurora LED’s customer,
Putco claimed that Aurora’s product was infringing on Putco’s U.S. and Canada patents.
16. On December 8, 2017, Putco’s attorneys sent a letter to Aurora’s attorneys,
alleging that Aurora LED Products were infringing on Putco’s U.S. ’796 Patent and threatening
to file legal action if Aurora “choose[s] to import product[s] into the United States and/or sell
products to others in the United States.” A copy of the letter is annexed herewith as Exhibit C.
3
17. As a result of Putco’s false and reckless allegations of patent infringement, and
Putco’s systematic and aggressive pursuit of Aurora, Aurora’s customers, and other third parties
in the LED industry through threats of litigation have created a substantial and immediate dispute
between Aurora, Aurora LED and Putco relating to the ’796 Patent.
18. Upon information and belief, Putco has made, used, offered to sell, sold within
the United States, and has imported into the United States, products that were covered by
the ’049 Patent, including but not limited to at least the following LED products: Prolux Zero
Space and F1 LED kit (the “Putco Infringing Products”).
Count I
Declaratory Judgment of Non-infringement of the ’796 Patent
19. Aurora and Aurora LED reallege and incorporate herein by reference Paragraphs
1 through 18 of this Complaint.
20. Putco has been systematically and aggressively pursuing Aurora, Aurora’s
customers, and other third-parties in the LED industry through emails and letters with threats of
litigation.
21. Putco has asserted in these emails and letters that Aurora’s products infringe
the ’796 Patent.
22. The Aurora LED Products do not infringe any valid and enforceable claim of
the ’796 Patent.
23. Based on the facts alleged herein, and under all the circumstances, there is a
substantial controversy between Aurora, Aurora LED and Putco of sufficient immediacy and
reality to warrant the issuance of a declaratory judgment by this Court.
24. Aurora and Aurora LED are entitled to a declaratory judgment that Aurora and
Aurora LED have not infringed and are not now infringing, directly, contributorily, or by
4
inducement, any valid and enforceable claim of the ’796 Patent by manufacturing, importing,
using, selling or offering for sale the Aurora LED Products.
25. Aurora and Aurora LED are also entitled to a declaratory judgment that Aurora
and Aurora LED’s customers have not infringed and are not now infringing, directly,
contributorily, or by inducement, any valid and enforceable claim of the ’796 Patent by
importing, using, selling or offering for sale the Aurora LED Products, separately, or in
combination with or upon incorporation into another device or system.
Count II
Declaratory Relief for Invalidity of the ’796 Patent
27. Upon information and belief, many of the claims in the ’796 Patent should be
invalidated as covering or allegedly covering subject matter that was undeniably prior art before
Putco applied for patent protection.
28. The ’796 Patent is invalid for failure to meet one or more of the requirements of
patentability under 35 U.S.C. § 101, et seq., including but not limited to 35 U.S.C. §§ 102, 103
and/or 112.
29. Putco’s ’796 Patent is invalid because the alleged inventions claimed therein are
anticipated by the pertinent prior art and thus fail to satisfy the conditions for patentability set
forth in 35 U.S.C. §102.
30. The claims of Putco’s ’796 Patent is invalid in that the difference between the
subject matter of such claims and the prior art is such that the subject matter as a whole would
have been obvious at the time the invention was made to a person having ordinary skill in the art
to which the subject matter of the invention pertains as set forth in 35 U.S.C. §103.
5
32. Accordingly, Aurora and Aurora LED are entitled to a declaratory judgment that
any or all claims of the ’796 Patent is invalid.
Count III
Declaratory Relief for Unenforceability of the ’796 Patent
34. Upon information and belief, the claims of the ’796 Patent are unenforceable
under 35 U.S.C. § 282 due to Putco’s fraud and inequitable conduct during the prosecution of
the ’796 Patent, including but not limited to make affirmative misrepresentations of material
facts and failed to disclose known material information to the PTO with the intent to deceive.
36. Aurora and Aurora LED are entitled to a declaratory judgment that the ’796
Patent is unenforceable due to Putco’s fraud and inequitable conduct before the United States
Patent and Trademark Office.
Count IV
Infringement of the ’049 Patent
37. Aurora and Aurora LED reallege and incorporate by reference the allegations set
forth in Paragraphs 1 through 36.
6
38. Upon information and belief, Putco has infringed, and continues to infringe one or
more claims of the ’049 Patent through the manufacture, use, importation, offer for sale, and/or
sale of infringing products and/or any of the other acts prohibited by 35 U.S.C. § 271(a), (b) and
(c).
39. Upon information and belief, Putco has actively induced the infringement of,
and/or contributed to the infringement of one of more claims of the ’049 Patent in violation of 35
U.S.C. §271 (a), (b) and (c).
40. Upon information and belief, Putco’s infringement of the ’049 Patent has been
willful and deliberate, entitling Putco to enhanced damages and making this an exceptional case
within the meaning of 35 U.S.C. § 285.
41. Upon information and belief, Putco will continue to infringe the ’049 Patent
unless and until they are enjoined by this Court.
42. Putco has caused, and will continue to cause, Plaintiffs irreparable injury and
damages by infringing the ’049 Patent. Plaintiffs will suffer further irreparable injury, for which
Plaintiffs are entitled to receive preliminary and permanent injunctive relief, and damages
pursuant to 35 U.S.C. § 284 in an amount to be proven at trial.
43. Putco will continue to infringe ’049 Patent unless and until Putco is enjoined from
infringing the ’049 Patent by this Court.
Count V
Tortious Interference with Contractual Relations
45. A contractual relationship exists between Aurora, Aurora LED and their
customers of Aurora LED Products.
7
46. Putco has knowledge of and has intentionally and unjustifiably interfered with,
and/or has knowingly facilitated a conspiracy to interfere with, these contracts between Aurora,
Aurora LED and their customers.
47. Specifically, but without limitation, Putco knew that Aurora and Aurora LED
have contractual relationships with their customers in U.S. and Canada of the Aurora LED
Products. Putco interfered with these relationships by, inter alia, threatening lawsuits and
sending emails and letters to Aurora and Aurora LED’s customers to induce them to breach their
contracts with Aurora and Aurora LED.
48. Putco engaged in the acts of interference set forth herein with a conscious desire
to induce breach of contract, or Putco knew that breach of contract was certain or substantially
certain to occur as a result of their conduct.
49. Aurora and Aurora LED have been proximately damaged and continue to be
damaged as a result of Putco’s interference.
50. There is no adequate remedy at law to fully compensate Aurora and Aurora LED
for the harm caused by Putco’s tortious interference.
Count VI
Deceptive Acts and Practices—New York General Business Law § 349
52. Putco, without Aurora and Aurora LED’s authorization or consent, and having
knowledge of Aurora’s intellectual property rights, has distributed, advertised, offered for sale,
and/or sold its Putco Infringing Products to the consuming public in violation of New York
General Business Law § 349.
8
53. Putco’s use of simulation and infringing versions of Aurora’s intellectual property,
is likely to cause and is causing confusion, mistake, and deception as to the origin of Putco’s
infringing LED products, and is likely to deceive, mislead, and confuse as to where Putco’s
infringing products originate from, are associated with, or are otherwise authorized.
54. Putco’s deceptive acts and practices involve public sales activities of a recurring
nature.
55. Putco’s acts have caused and continue to cause Aurora and Aurora LED
irreparable harm unless enjoined by this Court.
Count VII
Unfair Competition, False Designation of Origin—15 U.S.C. § 1125(a), Lanham Act § 43(a)
57. Putco is passing off its Infringing Products as patent-protected products and is
competing unfairly by threatening litigation and sending emails and letters to Aurora and Aurora
LED’s customers to foreclose them from purchasing Aurora LED Products. Putco’s conducts
have caused ongoing injury to Aurora and Aurora LED, preventing them from leveraging their
own intellectual properties and good will and unjustly benefitting Putco.
58. Putco has false designated the origin of Putco Infringing Products, and has
competed unfairly with Aurora and Aurora LED in violation of 15 U.S.C. § 1125(a).
59. Putco’s acts of false designation of origin and unfair competition have been done
willfully and deliberately.
60. Putco intends to continue its wrongful, willful acts unless restrained by this Court.
61. Putco’s violations of 15 U.S.C. § 1125(a) entitle Aurora and Aurora LED to
recover damages, including but not limited to Putco’s profits from the sale of all infringing
9
products, actual damages, treble damages, litigation costs, and attorney’s fees. Putco’s acts have
damaged and will continue to damage Aurora and Aurora LED that will continue to suffer,
immediate and irreparable harm.
Count VIII
Unfair Competition—New York Common Law
63. Putco’s actions constitute unfair competition in violation of the common law of
the State of New York.
64. As a direct and proximate result of the wrongful conduct of Putco, Aurora and
Aurora LED have suffered and continue to suffer irreparable injury.
65. As a direct and proximate result of the wrongful conduct of Putco, Aurora and
Aurora LED have suffered and continue to suffer damages.
Prayer for Relief
WHEREFORE, Aurora and Aurora LED respectfully request that this Court enter a
Judgment and Order:
A. Declaring United States Patent No. 9,243,796B1 invalid;
B. Declaring United States Patent No. 9,243,796B1 unenforceable;
C. Declaring that Aurora and Aurora LED have not infringed and is not now infringing,
directly, contributorily, or by inducement, any valid and enforceable claim of United
States Patent Nos. 9,243,796B1;
D. Declaring that Aurora and Aurora LED’s customers have not infringed and are not
now infringing, directly, contributorily, or by inducement, any valid and enforceable
claim of United States Patent No. 9,243,796B1 by importing, using, selling or
10
offering for sale the Aurora LED Products, separately, or in combination with or upon
incorporation into another device;
E. Preliminary and permanently enjoining Putco from commencing or proceeding with
any legal action arising out of United States Patent No. 9,243,796B1 against Aurora,
Aurora LED or any of Aurora’s customers;
F. That Putco has infringed the ’049 Patent through the manufacture, use, importation,
offer for sale, and/or sale of infringing products and/or any of the other acts
prohibited by 35 U.S.C. § 271(a), (b) and (c);
G. Pursuant to 35 U.S.C. § 283, a preliminary and permanent injunction enjoining Putco
and their officers, agents, servants, employees, attorneys and all others in active
concert and/or participation with them from infringing the ’049 Patent through the
manufacture, use, importation, offer for sale, and/or sale of infringing products and/or
any of the other acts prohibited by 35 U.S.C. § 271(a), (b), and (c);
H. Pursuant to 35 U.S.C. § 284, an award to Aurora and Aurora LED of damages
adequate to compensate Aurora and Aurora LED for infringement of the ’049 Patent
by payment of not less than a reasonable royalty on Putco’s sales of infringing
products, and including lost profits, together with pre-judgment and post-judgment
interest and costs;
I. Pursuant to 35 U.S.C. § 285, a finding that this is an exceptional case, and an award
to Aurora and Aurora LED of their reasonable costs and attorneys’ fees;
J. That Putco has tortuously interfered with contractual relations between Aurora,
Aurora LED and their customers;
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K. That Putco has committed deceptive acts and practices in violation of New York
General Business Law§ 349;
L. That Putco has committed acts of unfair competition; and
M. That Aurora and Aurora LED be granted such other and further relief as the Court
deems just and proper.
Demand for Jury Trial
Plaintiffs demand a trial by jury on all triable issues.
Respectfully Submitted,
Dated: Queens, New York

March 27, 2018
KEVIN KERVENG TUNG, P.C.
Attorneys for Plaintiffs
/s/ Kevin K. Tung

Kevin K. Tung, Esq. (KT-1478)
136-20 38th Avenue, Suite 3D
Flushing, New York 11354
(718) 939-4633
12
Case 1:18-cv-01866-NGG-RML Document 1-1 Filed 03/27/18 Page 1 of 2 PageID #: 13
JS 44 (Rev. 01/29/2018) 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

AURORA LED TECHNOLOGY, INC. and SHENZHEN AURORA PUTCO, INC.
TECHNOLOGY CO., LTD.
(b) County of Residence of First Listed Plaintiff Queens, New York County of Residence of First Listed Defendant Polk County, Iowa
(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)
136-20 38th Avenue, Suite 3D, Flushing, NY 11354
Tel: (718)939-4633
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))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
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) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
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):
28 U.S.C. §§ 2201 and 2202, the U.S. Patent Act, 35 U.S.C. § 1 et seq. and 15 U.S.C. § 1125
VI. CAUSE OF ACTION Brief description of cause:
Declaratory Judgment for Non-infringement and invalidation of patent, infringement of patent, unfair competition
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
/s/ Kevin K. Tung
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

CERTIFICATION OF ARBITRATION ELIGIBILITY
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.
I, __________________________________________,
Kevin K. Tung counsel for____________________________,
plaintiffs do hereby certify that the above captioned civil action
is ineligible for compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason
DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
Aurora LED Technology, Inc.'s parent company is Shenzhen Aurora Technology Co., Ltd. and no
publicly held corporation owns 10% or more of its stock; Shenzhen Aurora Technology Co., Ltd. has no
parent company and no publicly held corporation owns 10% or more of its stock
RELATED CASE STATEMENT (Section VIII on the Front of this Form)

Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that “A civil case is “related”
to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a
substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be
deemed “related” to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that
“Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still
pending before the court.”
NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)
1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County? Yes No
2.) If you answered “no” above:

a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County? Yes No
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? Yes No
c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was
received:______________________________.
If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or
Yes No
Suffolk County?___________________________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes (If yes, please explain No
I certify the accuracy of all information provided above.

/s/ Kevin K. Tung
Signature: ____________________________________________________
Print Save As... Reset Last Modified: 11/27/2017

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Eastern District
__________ of of
District New York
__________
AURORA LED TECHNOLOGY, INC. and )

SHENZHEN AURORA TECHNOLOGY CO., LTD. )
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:18-cv-1866
)
)
PUTCO, INC. )
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
PUTCO, INC.
5701 NE 22nd Street, Des Moines, Iowa, 50313
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

Queens Crossing Business Center
136-20 38th Avenue, Suite 3D, Flushing, NY 11354
Tel: (718)939-4633
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
DOUGLAS C. PALMER
CLERK OF COURT
Date: 03/27/2018 s/Douglas C. Palmer

Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:18-cv-1866
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Print Save As... Reset

Exhibit “A”
111111 1111111111111111111111111111111111111111111111111111111111111
US009243796Bl
c12) United States Patent (10) Patent No.: US 9,243,796 Bl

Elwell et al. (45) Date of Patent: Jan.26,2016
(54) LED LAMP WITH A FLEXIBLE HEAT SINK (56) References Cited
U.S. PATENT DOCUMENTS

(71) Applicant: Putco, Inc., Story City, IA (US)
2006/0082987 A1 * 4/2006 Dorsey . F21S 4/003
(72) Inventors: James P. Elwell, Grimes, IA (US); Trent 362/103
Quick, Des Moines, IA (US) OTHER PUBLICATIONS
(73) Assignee: Putco, Inc., Des Moines, IA (US) LED Headlight Kit 9005 LED Headlight Bulbs Conversion Kit with
Flexible Tinned Copper Braid, retrieved Nov. 5, 2015 from https://
www.superbrightleds.com/moreinfo/h-series-bulbs/led-headlight-
( *) Notice: Subject to any disclaimer, the term of this
kit-9005-led-headlight-bulbs-conversion-kit-with-flexible-tinned-
patent is extended or adjusted under 35
copper-braid/2213/ 5000/?utm_source~googlebase&utm_
U.S.C. 154(b) by 0 days.
medium~base&utm_content~900 5-HLV3-H&utm_campai. *
WeissLicht Illustro LED Headlight/Fog Light Bulb, retrieved Nov. 5,
(21) Appl. No.: 14/805,602 2015 from https://jlevisw.com/ Accessories-for-BMW/Lighting/
Fog-and-Head-Lights/Illustro-LED-Headlight-Fog-Light-Bulb/.*
(22) Filed: Jul. 22, 2015
* cited by examiner
(51) Int. Cl. Primary Examiner- Britt D Hanley
F21V29/00 (2015.01) (74) Attorney, Agent, or Firm- McKee, Voorhees & Sease,
F21V29170 (2015.01) PLC
F21K99/00 (2010.01)
F21V23/00 (2015.01) (57) ABSTRACT
F21V29/89 (2015.01) An LED lamp uses a flexible metal fabric as a heat sink. At
F21S8/10 (2006.01) least one light emitting diode is attached to a circuit board that
F21Y 101/02 (2006.01) is mounted on a heat conducting member. The flexible heat
(52) U.S. Cl. sink is attached to the heat conducting member, such that heat
CPC ............... F21V 29170 (2015.01); F21K 911355 generated by the light emitting diode and circuit board is
(2013.01); F21S 481328 (2013.01); F21V conducted to the flexible heat sink. The flexible heat sink can
231002 (2013.01); F21V 29189 (2015.01); F21Y be deformed to fit in a variety of spaces. The flexible heat sink
2101/02 (2013.01) dissipates the heat generated by the LED lamp without the
need for a fan. The flexible heat sink may be made from
(58) Field of Classification Search
braided copper fabric.
None
See application file for complete search history. 17 Claims, 6 Drawing Sheets
US 9,243,796 Bl
Jan.26,2016 Sheet 1 of 6
U.S. Patent
U.S. Patent Jan.26,2016 Sheet 2 of 6 US 9,243, 796 Bl

US 9,243,796 Bl
Sheet 3 of 6
Jan.26,2016
U.S. Fatent
(
0
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~-ti.
\)ii
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U.S. Patent Jan.26,2016 Sheet 4 of 6 US 9,243,796 Bl


c ~J6] 12b
FIG. 7
US 9,243,796 Bl
1 2
LED LAMP WITH A FLEXIBLE HEAT SINK trical system may be an automotive electrical system, and the
mounting base may be adapted for attachment to an automo-
FIELD OF INVENTION bile headlight.
According to another embodiment, the present invention is
The present invention relates generally to vehicle lights 5 directed to a method of installing an LED lamp into a light
that use light emitting diodes (LEDs). More specifically, the fixture. An LED lamp is provided that has a light emitting
invention relates to an LED lamp with a heat sink. diode on a circuit board, a heat conducting member support-
ing the circuit board, a flexible heat sink made from a flexible
BACKGROUND OF THE INVENTION metal fabric attached to the heat conducting member, and a
10 mounting body enclosing the circuit board and heat conduct-
In recent years it has become popular to use LED lighting ing member. The flexible heat sink is shaped in to a desired
to provide illumination for automobiles, including especially shape to fit in a space behind the light fixture. The mounting
headlights, fog lights, taillights, signal lights, and emergency body is mounted in the light fixture with the light emitting
indicators. LED lights can be superior to filament or gas bulbs diode on a front side of the fixture and the flexible heat sink in
in terms of efficiency, life span, size, directional control, light 15 the space behind the light fixture. The flexible metal fabric
intensity and light quality. High intensity LED lights, espe- may be formed with a plurality of! oops and the shaping step
may include expanding the loops. The flexible metal fabric
cially when used for headlights and fog lights generate a
may be braided copper.
significant amount of heat in their semiconductor junctions.
This heat can cause problems such as melting or otherwise 20 BRIEF DESCRIPTION OF THE DRAWINGS
deteriorating the LED light itself, or its surroundings. In
extreme cases the heat can create a fire risk. FIG. 1 is a perspective view of a LED lamp with a heat sink
To address the excessive heat problem, it has been known according to one embodiment of the present invention.
to provide fans or to make a large body out of heavy rigid FIG. 2 is a top plan view of the LED lamp of FIG. 1.
materials to disperse the heat. Fans are not ideal because they 25 FIG. 3 is a perspective view of a wire harness, circuit
consume energy, take up valuable space, make noise, and tend boards, and light emitting diodes used in making the LED
to wear out before the LED lighting element. Using a large lamp of FIG. 1.
rigid body to act as a heat sink is also problematic because of FIG. 4 is a perspective view of the wire harness, circuit
cost and space requirements. What is needed is a mechanism boards, and light emitting diodes of FIG. 3.
for removing heat from semiconductor junctions without 30 FIG. 5 is a top plan view of the internal components of the
using a fan and without using a large rigid body. LED lamp of FIG. 1 with the tower body and mounting
structure removed.
SUMMARY OF THE INVENTION FIG. 6 is a partial cross-section elevation view of the inter-
nal components of FIG. 5.
According to one embodiment, the present invention is 35 FIG. 7 is an elevation view of two pieces that snap together
directed to an LED lamp with a heat sink. The lamp includes to form a tower body and enclosure according to one embodi-
a wire harness adapted for connection to an electrical system. ment of the present invention.
First and second circuit boards are electrically connected to FIG. 8 is a perspective view of a mounting structure from
the LED lamp of FIG. 1.
the wire harness. The circuit boards are mounted on opposite
40
sides of the heat conducting member. A first light emitting DETAILED DESCRIPTION OF PREFERRED
diode is provided on the first circuit board, and a second light EMBODIMENT
emitting diode is provided on the second circuit board. A
flexible heat sink is mechanically connected to the heat con- FIGS. 1 and 2 show an LED lamp 10 according to one
ducting member. The flexible heat sink may be a braided 45 embodiment of the present invention. The LED lamp 10 is
metal band. The braided metal band may be folded into first adapted for use as a headlight in an automobile. The LED
and second loops. The flexible heat sink may include a first lamp 10 includes a tower body 12 and mounting structure 14
and a second braided metal band, and wherein the first and that permit the lamp 10 to be mounted on an automobile.
second braided metal bands are crimped to the heat conduct- Together the tower body 12 and mounting structure 14 pro-
ing member with the heat conducting member sandwiched 50 vide a mounting base that is adapted for mounting to a light
between the braided metal bands. The braided metal band fixture, such as an automobile headlight. The tower body 12
may be made from copper strands. The braided metal band includes openings 16 through which light emitting diodes 18
may be made from tinned copper strands. The heat conduct- are provided. A wire harness 20 extends from one end of the
ing member may be a copper bar. The circuit boards may tower body 12. The wire harness 20 includes a plug 22 that is
mounted on the heat conducting member by a heat conduct- 55 adapted to interface with an LED ballast (not shown) that will
ing adhesive. The circuit boards may be mounted to the heat connect to the automobiles electrical system. Also extending
conducting member with the light emitting diodes proximate from the one of the tower body 12 is a flexible heat sink 24.
to a first end of the heat conducting member and the flexible The flexible heat sink 24 includes loops 26 of a metal fabric
heat sink connected at a second end of the heat conducting that can be easily deformed to fit in a variety of spaces
member opposite from the first end of the heat conducting 60 depending upon where the lamp 10 is installed.
member. The light emitting diodes may produce at least 1100 FIG. 3 shows some of the internal components of the LED
lumens. The LED lamp may be free from fans. The lamp may lamp 10 of FIGS. 1 and 2. The wire harness 20 includes a
include a mounting base, wherein the circuit boards and the plurality of electrically conductive wires 28 that are electri-
heat conducting member are enclosed within the mounting cally connected, for example by soldering, to two circuit
base, wherein the mounting base has openings to accommo- 65 boards 30. Each of the circuit boards 30 has two light emitting
date the light emitting diodes, and wherein the flexible heat diodes 18 attached at an opposite end of the circuit board 30
sink extends outwardly out of the mounting base. The elec- from the attachment point of the wires 28. The two light
US 9,243,796 Bl
3 4
emitting diodes on each circuit board may correspond, for 16 are provided to accommodate the light emitting diodes 18.
example, with a low beam setting and a high beam setting Additionally, the end of the tower body 12 that is generally
when used in an automobile. Those of skill in the art will opposite from the diode openings 16 includes openings for
appreciate that any number of light emitting diodes 18 might the wire harness 20 and the flexible heat sink 24.
be used beneficially in the present invention. Furthermore, a 5 The tower body 12 may include features near the light
single circuit board 30 may be used in some embodiments of emitting diode openings 16 that shape the light emitted by the
the invention. The circuit boards 30 are adapted to control the lamp 10. For example, as best seen in FIG. 2, a projection 36
light emitting diodes according to the input voltage provided may be provided near the opening 16 that partially blocks a
through the wire harness 28. portion of the light emitted by the light emitting diodes 18,
In manufacturing the LED lamp 10 of FIGS. 1 and 2, the 10 and especially blocks the light from the end-most light emit-
assembly of FIGS. 3 and 4 is created by soldering a wire ting diode 18 in one direction to shape the light beam emitted
harness 20 to the circuit boards 30. The circuit boards 30 are by the lamp 10. The arrangement shown is suitable for use as
available as component parts that include the light emitting a headlight lamp that provides a low beam and a high beam.
diodes 18. Various circuit boards 30 and light emitting diode The low beam (lower light emitting diodes) turns off and the
18 combinations may be used depending upon the lighting 15 upper light emitting diodes are illuminated on each side. In
requirements. In the preferred embodiment the light emitting alternative versions the lower light emitting diodes will dim
diodes 18 are rated to produce at least 1100 lumens, and about 50% and the upper light emitting diodes will turn on
preferably about 2500 lumens or more. 100% in high beam mode. In low beam mode the lower light
FIG. 5 shows a top plan view of the internal components of emitting diodes would still be 100% and the upper light
the LED lamp 10 with the tower body 12 and mounting 20 emitting diodes will be off.
structure 14 removed. The circuit boards 30 are mounted on The tower body 12 may also include molded-in features
opposite sides of a heat conducting member 32. This circuit that aid in mounting the lamp 10 in place. For example, as best
boards 30 may be fixed to the heat conducting member 32 by seen in FIG. 2, the tower body 12 may include a mounting
the use of a heat conducting electrically insulating adhesive, projection 38 that includes a wedge surface 40 that is used to
such as a two-part epoxy with ultra-high thermal conductivity 25 draw the lamp 10 into tight engagement with a socket in a
and adhesive strength. In one embodiment an epoxy under the headlight or other light fixture.
brand name Silanex Model #ST0903 has been found to be FIG. 8 shows the mounting structure 14 according to one
effective. It is important that the circuit boards 30 be in good embodiment of the present invention. The mounting structure
thermal connection with the heat conducting member 32 such 14 fits around the outer surface of the tower body 12 and may
that heat energy can be readily transferred from the circuit 30 be friction fit or adhered to the body 12. The mounting struc-
boards 30 to the heat conducting member 32. The heat con- ture 14 includes wings 42 acts as a handle or lever to aid in
ducting member 32 should be made of a material that is a twisting the lamp 10 into place in a socket of a light fixture,
good conductor ofheat, and that is durable enough to serve as such as a headlight. A gasket or 0 ring (not shown) may be
a substrate for the circuit boards 30. According to one provided to seal the lamp 10 with the fixture when mounted in
embodiment, the heat conducting member 32 is made from a 35 the socket.
copper tube flattened to have the approximate dimensions of When mounting the lamp 10 in a socket or other fixture
3 inchesx0.45 inchesx0.12 inches with the ends crimped space, the flexible heat sink 24 can be molded and deformed
closed to prevent moisture from entering. Alternatively, the to best fit in the available space. The loops 26 of the heat sink
heat conducting member could be formed from a solid copper 24 are preferably spread apart as much as the space permits to
bar to approximately the same dimensions. Other materials, 40 increase the surface area and to allow a greater volume of air
including especially other metals that are good heat conduc- between the loops. The ability of the loops 26 to take on a
tors, may be used to form the heat conducting member. variety of shapes is a significant advantage for the present
As best seen in the cross-sectional view of FIG. 6, the invention. The metal fabric, such as braided copper, that is
flexible heat sink 24 is held in place against the heat conduct- used to form the flexible heat sink 24 has some memory, but
ing member 32 by a mechanical crimp 34. Other fastening 45 will generally retain the new shape given in deforming the
mechanisms may be used as long as they allow for good heat sink 24 to install it. When installing the lamp 10 it is
thermal contact between the heat sink 24 and the heat con- desirable to spread out the loops 26 both in terms of making
ducting member 32. The flexible heat sink 24 of the preferred the loops larger to increase the space between the surfaces of
embodiment is formed from a braided flat copper cable. the heat sink 24 and in terms of making the strand wider to
These braided copper cables are commonly used as battery 50 increase the surface area.
ground straps. The cable may alternatively be formed from In use, the heat created by the junctions of the light emitting
braided or woven tinned copper, or other flexible metal fab- diodes 18 will be transferred into the heat conducting member
rics. In the embodiment of FIG. 6 two sections of cable, each 32. Because the heat conducting member 32 is made from an
about eight (8) inches long are used. Each section of the cable excellent heat conducting material, such as copper, the vast
is folded into two loops 26 of approximately equal size with 55 majority of the generated heat energy will be transferred to
the free ends captured under the crimp 34. the flexible heat sink 24 by conduction. The flexible heat sink
To form the finished LED lamp 10 of FIGS. 1 and 2, the 24 relies on its large surface area to dissipate the heat by
assembly of FIG. 6 has a tower body 12 snap fit together convection and some radiation into the space behind the light
covering the circuit boards 30, the heat conducting member fixture. Therefore, even lamps that produce 2500 lumens or
32, and the crimp 34. The tower body 12 provides support for 60 more oflight may be utilized without fans and without large
the mounting structure 14 that is used to attach the lamp 10 in rigid bodies to dissipate the heat energy. This allows for
place in a light fixture. Furthermore, the tower body 12 pro- greater flexibility in mounting locations, reduced costs,
tects the circuit boards and the electrical connections from greater durability, and less noise.
fouling and stresses. The tower body 12 may be formed from As used herein, the term "automobile" is used to generi-
two heat resistant nylon molded pieces 12a and 12b as shown 65 cally refer to wheeled motor vehicles of all types. While the
in FIG. 7 that snap fit together to form the tower body 12. The expected primary use of the invention is in over-the-road
tower body 12 is generally fully closed, except that openings passenger vehicles such as cars, sport utility vehicles, and
US 9,243,796 Bl
5 6
pick-ups, it is contemplated that the invention may be useful 8. The LED lamp of claim 7, wherein the circuit boards are
in other vehicles such as industrial vehicles, over-the-road mounted on the heat conducting member by a heat conduct-
semi-tractors, agricultural vehicles, and the like. It is also ing adhesive.
contemplated that the LED lamp with heat sink described 9. The LED lamp of claim 1, wherein the circuit boards are
herein may be useful in other applications such as boating, mounted to the heat conducting member with the light emit-
home and industrial uses. ting diodes proximate to a first end of the heat conducting
The invention has been shown and described above with member and further wherein the flexible heat sink is con-
the preferred embodiments, and it is understood that many nected at a second end of the heat conducting member oppo-
modifications, substitutions, and additions may be made site from the first end of the heat conducting member.
which are within the intended spirit and scope of the inven- 10
10. The LED lamp of claim 1, wherein the light emitting
tion. From the foregoing, it can be seen that the present
diodes produce at least 1100 lumens.
invention accomplishes at least all of its stated objectives.
11. The LED lamp of claim 10, wherein the LED lamp is
We claim:
1. An LED lamp with a heat sink, the lamp comprising:
free from fans.
a wire harness adapted for connection to an electrical sys- 15
12. The LED lamp of claim 1, further comprising a mount-
tern; ing base, wherein the circuit boards and the heat conducting
a first circuit board electrically connected to the wire har- member are enclosed within the mounting base, wherein the
ness; mounting base has openings to accommodate the light emit-
a second circuit board electrically connected to the wire ting diodes, and wherein the flexible heat sink extends out-
harness; 20 wardly out of the mounting base.
a heat conducting member, wherein the circuit boards are 13. The LED lamp of claim 12, wherein the wire harness is
mounted on opposite sides of the heat conducting mem- adapted for connection to an automobile electrical system.
ber; 14. The LED lamp of claim 1, wherein the mounting base
a first light emitting diode on the first circuit board; is adapted to mount within an automobile headlight fixture.
a second light emitting diode on the second circuit board; 25 15. A method of installing an LED lamp into a light fixture
a flexible heat sink mechanically connected to the heat comprising:
conducting member; and providing an LED lamp that has a light emitting diode on a
wherein the flexible heat sink comprises a flexible metal circuit board, a heat conducting member supporting the
fabric. circuit board, a flexible heat sink made from a flexible
2. The LED lamp of claim 1, wherein the flexible metal 30
metal fabric attached to the heat conducting member,
fabric comprises a braided metal band.
and a mounting body enclosing the circuit board and
3. The LED lamp of claim 2, wherein the braided metal
heat conducting member;
band is folded into first and second loops.
shaping the flexible heat sink into a desired shape to fit in a
4. The LED lamp of claim 2, wherein the flexible heat sink
comprises a first and a second braided metal band, and 35
space behind the light fixture; and
wherein the first and second braided metal bands are crimped installing the mounting body in the light fixture with the
to the heat conducting member with the heat conducting light emitting diode on a front side of the fixture and the
member sandwiched between the braided metal bands. flexible heat sink in the space behind the light fixture.
5. The LED lamp of claim 2, wherein the braided metal
16. The method of claim 15, wherein the flexible metal
band comprises copper strands. 40
fabric is formed with a plurality of loops and wherein the
6. The LED lamp of claim 2, wherein the braided metal shaping step comprises expanding the loops.
band comprises tinned copper strands. 17. The method of claim 16, wherein the flexible metal
7. The LED lamp of claim 1, wherein the heat conducting fabric comprises braided copper.
member comprises a copper bar. * * * * *
Exhibit “B”
111111 1111111111111111111111111111111111111111111111111111111111111
USOOD808049S
c12) United States Design Patent c1o) Patent No.: US D808,049 S

Xie (45) Date of Patent: ** Jan.16,2018
(54) LED CAR LIGHT Primary Examiner- Marcus Jackson

(74) Attorney, Agent, or Firm- Buchanan Ingersoll &
(71) Applicant: Shenzhen Aurora Technology Co., Rooney PC
Ltd., Shenzhen (CN)
(57) CLAIM
(72) Inventor: Qingbo Xie, Shenzhen (CN) The ornamental designs for an "LED car light," as shown
and described.
(73) Assignee: SHENZHEN AURORA
TECHNOLOGY CO., LTD., Shenzhen DESCRIPTION
(CN)
FIG. 1 is a first perspective view of the LED car light;
(**) Term: 15 Years FIG. 2 is a front view thereof;
FIG. 3 is a rear view thereof;
(21) Appl. No.: 29/586,881
FIG. 4 is a left side view thereof;
(22) Filed: Dec. 7, 2016 FIG. 5 is a right side view thereof;
FIG. 6 is a top view thereof;
(30) Foreign Application Priority Data FIG. 7 is a bottom view thereof;
FIG. 8 is a second perspective view of the LED car light;
Nov. 11, 2016 (CN) .......................... 2016 3 0550063 FIG. 9 is a front view thereof;
(51) LOC (11) Cl. ............................................... 26-06
FIG. 11 is a left side view thereof;
(52) U.S. Cl. FIG. 12 is a right side view thereof;
USPC . ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. ... ... ... ... . D26/28 FIG. 13 is a top view thereof;
(58) Field of Classification Search FIG. 14 is a bottom view thereof;
USPC ................ D26/28-36; 362/80-83, 267-269, FIG. 15 is a third perspective view of the LED car light;
362/459-468, 475-478, 485-487 FIG. 16 is a front view thereof;
CPC .......... F21S 48/00; F21S 48/10; F21S 481115; FIG. 17 is a rear view thereof;
F21S 48/1233; F21S 48/1266; F21S FIG. 18 is a left side view thereof;
48/1388; F21S 48/2268; F21V 21/04 FIG. 19 is a right side view thereof;
See application file for complete search history. FIG. 20 is a top view thereof;
FIG. 21 is a bottom view thereof;
(56) References Cited FIG. 22 is a fourth perspective view of the LED car light;
U.S. PATENT DOCUMENTS FIG. 23 is a front view thereof;
D547,889 S * 7/2007 Huang ........................... D26/28 FIG. 25 is a left side view thereof;
D570,012 S * 5/2008 Huang ........................... D26/28 FIG. 26 is a right side view thereof;
D592,778 S * 5/2009 Chang ............................ D26/28 FIG. 27 is a top view thereof; and,
D606,682 S * 12/2009 Chang ............................ D26/28
FIG. 28 is a bottom view thereof.
D662,632 S * 6/2012 Wilson ........................... D26/28
* cited by examiner 1 Claim, 28 Drawing Sheets
U.S. Patent Jan.16,2018 Sheet 1 of 28 US D808,049 S
FIG.1
FIG.2
FIG.3
FIG.4
FIG.5
FIG.6
FIG.?
FIG.8
FIG.9
FIG.10
FIG.11
FIG.12
FIG.13
~:; D c-; ;:; r:1 :-:; :-J CJ ;·-: D t-: ~-! IJ l:t
;_-~ D :~; ~-~; l"J ;~-! <J :J D r~-, i..! L"J L"1
:..:; D ;_-! ::._; 1J ij L-i ;-, t_! D l-~ ;_; D [t
;,_-! IJ ;_~ ~-~ L"J I_! <J i_l L-~ L""! r_~ ;_; L"J L"l
•_: cJ ~-! ;_-! u !-_; :·3 ~-J r_-. c_; l-! ~! rJ r_;
G ~DCCDDDDC DCCOD
FIG.14
FIG.15
FIG.16
FIG.17
FIG.18
FIG.19
FIG.20
FIG.21
FIG.22
FIG.23
FIG.24
FIG.25
FIG.26
FIG.27
FIG.28
Exhibit “C”
M C KEE, VOORHEES & SEASE, PLC

Email: scott.johnson@ipmvs.com R. SCOTT JOHNSON
December 8, 2017 PATENT ATTORNEY
VIA E-MAIL
Promise-U LawFirm of GuangDong

DianyongZuo, Lawyer
Re: Putco Intellectual Property
Dear DianyongZuo:
We represent Putco in intellectual property matters. Please direct any

future correspondence to our attention.
We received your letter which appears to enclose opinions about

infringement of Putco’s U.S. Patent No. 9,243,796. Your noninfringement
position has no merit. In the United States, patent infringement is conducted on a
claim-by-claim basis and the patent claims of the ‘796 Patent clearly cover your
product. Further, we advise you that Putco has several other applications and
patents about to issue related to this product.
Should you choose to import product into the United States and/or sell
products to others in the United States, Putco will take any necessary legal steps
to stop you from doing so. Should you continue to choose to deliberately infringe
Putco’s patent rights, Putco will enforce its rights as appropriate and will assert
that your infringement is knowing, willful, and deliberate. This will likely lead to
an outcome of treble damages and attorney’s fees being awarded to Putco should
any enforcement efforts become necessary.
If you have any reasons to believe Putco’s intellectual property rights are
invalid or otherwise unenforceable, please let us know. Otherwise, we hope you
will respect Putco’s intellectual property rights.
We look forward to hearing from you.
Very truly yours,
R. SCOTT JOHNSON
RSJ/smz
ATTORNEYS AT LAW • WWW.IPMVS.COM

801 GRAND AVENUE • SUITE 3200 • DES MOINES, IOWA 50309-2721 • 515-288-3667

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Case 1:18-cv-01866-NGG-RML Document 1 Filed 03/27/18 Page 1 of 12 PageID #: 1

UNITED STATES DISTRICT COURT

-against- Jury Trial Demanded

just and proper, and in support thereof allege as follows:

1. Aurora is a corporation organized and existing under the laws of People’s

York, United States.

Jurisdiction and Venue

U.S.C. § 1125 et seq.

U.S.C. §§ 2201 and 2202.

committed tortious acts in this district.

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

2016 to assignee Putco, Inc. See Exhibit A.

Co., Ltd. See Exhibit B.

around the world, including this district.

manufacturing and supplying LED products.

16. On December 8, 2017, Putco’s attorneys sent a letter to Aurora’s attorneys,

Space and F1 LED kit (the “Putco Infringing Products”).

1 through 18 of this Complaint.

the ’796 Patent.

the ’796 Patent.

reality to warrant the issuance of a declaratory judgment by this Court.

using, selling or offering for sale the Aurora LED Products.

combination with or upon incorporation into another device or system.

1 through 25 of this Complaint.

Putco applied for patent protection.

forth in 35 U.S.C. §102.

reality to warrant the issuance of a declaratory judgment by this Court.

any or all claims of the ’796 Patent is invalid.

1 through 32 of this Complaint.

reality to warrant the issuance of a declaratory judgment by this Court.

Patent and Trademark Office.

forth in Paragraphs 1 through 36.

U.S.C. §271 (a), (b) and (c).

within the meaning of 35 U.S.C. § 285.

unless and until they are enjoined by this Court.

pursuant to 35 U.S.C. § 284 in an amount to be proven at trial.

infringing the ’049 Patent by this Court.

forth in Paragraphs 1 through 43.

customers of Aurora LED Products.

Aurora LED and their customers.

contracts with Aurora and Aurora LED.

certain to occur as a result of their conduct.

damaged as a result of Putco’s interference.

for the harm caused by Putco’s tortious interference.

forth in Paragraphs 1 through 50.

General Business Law § 349.

irreparable harm unless enjoined by this Court.

forth in Paragraphs 1 through 55.

willfully and deliberately.

immediate and irreparable harm.

forth in Paragraphs 1 through 61.

the State of New York.

Aurora LED have suffered and continue to suffer irreparable injury.

Aurora LED have suffered and continue to suffer damages.

Prayer for Relief

Judgment and Order:

A. Declaring United States Patent No. 9,243,796B1 invalid;

B. Declaring United States Patent No. 9,243,796B1 unenforceable;

directly, contributorily, or by inducement, any valid and enforceable claim of United

States Patent Nos. 9,243,796B1;

now infringing, directly, contributorily, or by inducement, any valid and enforceable

claim of United States Patent No. 9,243,796B1 by importing, using, selling or

incorporation into another device;

E. Preliminary and permanently enjoining Putco from commencing or proceeding with