Complaint - Cambria Co. LLV v. Hirsch Glass Dba Spectrum Quartz (EDVA 2021)

Case 1:21-cv-00143-LMB-IDD Document 1 Filed 02/09/21 Page 1 of 37 PageID# 1
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
CAMBRIA COMPANY LLC,
Plaintiff,
1:21-cv-143
Case No. _________
v.
HIRSCH GLASS CORP., JURY TRIAL DEMANDED

d/b/a SPECTRUM QUARTZ,
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Cambria Company LLC alleges as follows for its claims of patent infringement
against Defendant Hirsch Glass Corp., doing business as Spectrum Quartz:
NATURE OF THE ACTION
1. This is a civil action arising under the patent laws of the United States, 35 U.S.C.
§ 1 et seq., including specifically 35 U.S.C. § 271, based on Defendant’s willful infringement of
U.S. Patent Nos. 9,718,303 (the “’303 Patent”), 9,993,942 (the “’942 Patent”), and 10,300,626 (the
“’626 Patent”) (collectively, the “Asserted Utility Patents”), and U.S. Patent Nos. D712,670 (the
“D’670 Patent”), D737,577 (the “D’577 Patent”), D750,905 (the “D’905 Patent”), D780,332 (the
“D’332 Patent”), and D780,333 (the “D’333 Patent”) (collectively, the “Asserted Design Patents,”
and, together with the Asserted Utility Patents, the “Asserted Patents”) by the unauthorized
manufacture, use, offer for sale, sale, and/or importation of Defendant’s infringing products
accused herein.
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THE PARTIES
2. Plaintiff Cambria Company LLC (“Cambria”) is a limited liability company
organized under the laws of Minnesota and having its principal place of business at 805 Enterprise
Drive East, Suite H, Belle Plaine, Minnesota 56011.
3. On information and belief, Defendant Hirsch Glass Corp. (“Hirsch Glass”) is a New
Jersey domestic partnership doing business as Spectrum Quartz, with a principal place of business
at 115 Melrich Road, Suite 2, Cranbury, New Jersey 08512, and a physical office space at 3920
Stonecroft Boulevard, Suite J, Chantilly, Virginia 20151. On information and belief, Hirsch Glass
became registered to do business in the Commonwealth of Virginia, with an Entity ID number of
F2044198, on or around November 21, 2016.
JURISDICTION AND VENUE
4. This Complaint includes claims for patent infringement arising under the patent
laws of the United States, Title 35 of the United States Code. This Court has subject matter
jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a).
5. Hirsch Glass is subject to personal jurisdiction due to its contacts with the
Commonwealth of Virginia, and in particular, with the Eastern District of Virginia. On
information and belief, individually or in concert with others, Hirsch Glass manufactures, imports,
distributes, markets, sells, and offers to sell products, including quartz surface products, under the
brand name Spectrum Quartz for distribution and sale in this District.
6. Hirsch Glass maintains a website that markets Spectrum Quartz branded products
throughout the United States, including in this District. See http://www.spectrumquartz.com/.
7. On information and belief, Hirsch Glass also sells Spectrum Quartz branded
products to independently owned fabricators, kitchen and bath retailers, and other dealers and
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retailers throughout the Commonwealth of Virginia, and in particular, in the Eastern District of
Virginia. See http://www.spectrumquartz.com/dealers/. For example, the Spectrum Quartz
website identifies at least the following locations for “Where to Buy” Spectrum Quartz products
within this District: one store in Alexandria, Virginia; three stores in Ashburn, Virginia; eight
stores in Chantilly, Virginia; nine stores in Fairfax, Virginia; one store in Falls Church, Virginia;
two stores in Leesburg, Virginia; one store in Purcelville, Virginia; and seven stores in Sterling,
Virginia.
8. On information and belief, Hirsch Glass operates a physical office and facility at
3920 Stonecroft Boulevard, Suite J, Chantilly, Virginia 20151, from which it markets and
distributes Spectrum Quartz branded products in this District.
9. Hirsch Glass is further subject to personal jurisdiction in this District because it has
committed one or more acts of patent infringement within this District.
10. Venue is proper in this judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b)
because Hirsch Glass has committed acts of infringement in this judicial District where the
infringing products can be found and because Hirsch Glass has a regular and established physical
place of business in this judicial District.
FACTUAL BACKGROUND
11. Cambria is an industry leader in the design and manufacture of natural quartz
surface products. Cambria’s quartz surface products have a variety of uses in homes and
businesses, including, but not limited to, countertops, floor tiles, vanities, fireplace surrounds, wet
bars, and showers.
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12. Cambria earned its reputation as a leader in the industry through years of innovation
and a steadfast commitment to high quality in the design and manufacture of its products. Cambria
was the first and only U.S. producer of quartz surface products for many years.
13. Quartz surface products have multiple performance benefits over other surface
products. For example, quartz surfaces never have to be sealed, unlike granite, marble and other
surfaces that require regular maintenance. Quartz surfaces are also scratch and stain resistant,
nonabsorbent, and do not harbor harmful bacteria.
14. Cambria led the charge to grow the demand for quartz surface products by investing
millions of dollars in research and development, which led to Cambria commercializing quartz
product designs that have revolutionized the market.
15. In 2011, Cambria changed the quartz countertop industry when it introduced its
Waterstone Collection, which featured new designs capturing the colors and complex patterns
reflective of the movement seen in quarried stones like marble and granite. Cambria expanded the
Waterstone Collection in 2012, including with Cambria’s Bradshaw design, and again in 2014,
including with Cambria’s Berwyn design.
16. In 2015, Cambria again revolutionized the industry with its Brittanicca and Ella
designs as part of its Marble Collection. These designs were followed shortly by Cambria’s
Oakmoor and Roxwell designs as part of its Oceanic Collection. In 2017, Cambria expanded its
Marble Collection with its Annicca, Clareanne, Queen Anne, Brittanicca Gold, Brittanicca Warm,
Delgatie, and Ironsbridge designs. In 2018, Cambria introduced its Levven, Mersey, Skara Brae,
Bentley, Clairidge, and Golden Dragon designs. In 2020, Cambria introduced its Clovelly,
Gladstone, and Portrush designs.
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17. Following the success of Cambria’s innovative quartz surface products, Hirsch
Glass began marketing imitation copies of Cambria’s products using Cambria’s proprietary
designs and technology.
18. For example, Hirsch Glass introduced its Carefree design, which was made to
imitate Cambria’s original Bradshaw design:
Cambria Bradshaw Spectrum Quartz Carefree

(covered by D’670 Patent)
19. Similarly, Hirsch Glass introduced its Poise Light design, which was made to
imitate Cambria’s original Berwyn design:
Cambria Berwyn Spectrum Poise Light

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20. Further, Hirsch Glass introduced its Symphony design, which was made to imitate
Cambria’s original Roxwell design:
Cambria Roxwell Spectrum Symphony

(covered by D’905 and D’333 Patents)
21. Hirsch Glass continued to expand its infringing activities in 2018. On or around
January 9–11, 2018, Hirsch Glass displayed slabs at The Kitchen & Bath Industry Show (KBIS)
including its Spectrum Quartz branded Summit, Snowdrift, and Salt Flats designs. Hirsch Glass’s
Summit design, for example, was made to imitate Cambria’s original Brittanicca design:
Cambria Brittanicca Spectrum Quartz Summit

22. In addition to the designs discussed above, Hirsch Glass began marketing designs
called Arctic, White Sands, Salt Flats, Snowdrift, Snowpack, Tundra, Glacial, Mirage, Pinnacle,
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Elevation, Sierra, Cirrus, and Sahara, which were also designed to imitate Cambria’s innovative
products using Cambria’s proprietary technology, as described in further detail below.
CAMBRIA’S ASSERTED PATENTS
23. The ’303 Patent, titled “Processed Slabs, and Systems and Methods Related
Thereto,” was duly and legally issued by the United States Patent and Trademark Office on August
1, 2017, and names Jon Louis Grzeskowiak, II and Martin E. Davis as the inventors. The ’303
Patent claims priority to U.S. Patent Application No. 14/463,494, filed on August 19, 2014, which
is the effective filing date of the ’303 Patent. A true and correct copy of the ’303 Patent is attached
hereto as Exhibit A.
24. Cambria owns all substantial rights, titles, and interests in and to the ’303 Patent,
including the exclusive right and standing to bring suit with respect to any past, present, and future
infringement. The ’303 Patent is valid, enforceable, and in full force and effect.
25. The following Cambria products are marked with the ’303 Patent in accordance
with 35 U.S.C. § 287: Annicca, Bentley, Brittanicca, Brittanicca Gold, Brittanicca Warm,
Clairidge, Clareanne, Clovelly, Delgatie, Ella, Gladstone, Golden Dragon, Ironsbridge, Levven,
Mersey, Oakmoor, Portrush, Queen Anne, Roxwell, and Skara Brae. Cambria marks the ’303
Patent number on slab labels and sample labels.
26. The ’942 Patent, titled “Processed Slabs, and Systems and Methods Related
Thereto,” was duly and legally issued by the United States Patent and Trademark Office on June
hereto as Exhibit B.
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29. The ’626 Patent, titled “Synthetic Molded Slabs, and Systems and Methods Related
Thereto,” was duly and legally issued by the United States Patent and Trademark Office on May
hereto as Exhibit C.
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32. The D’670 Patent, titled “Portion of a Slab,” was duly and legally issued by the
United States Patent and Trademark Office on September 9, 2014, and names Jon Louis
Grzeskowiak, Summer Lane Kath, and Martin E. Davis as the inventors. The application that
issued as the D’670 Patent was filed on March 15, 2013. A true and correct copy of the D’670
Patent is attached hereto as Exhibit D.
33. Cambria owns all substantial rights, titles, and interests in and to the D’670 Patent,
infringement. The D’670 Patent is valid, enforceable, and in full force and effect.
34. Cambria’s Bradshaw product is marked with the D’670 Patent in accordance with
35 U.S.C. § 287. Cambria marks the D’670 Patent number on slab labels and sample labels.
United States Patent and Trademark Office on September 1, 2015, and names Martin E. Davis,
Jon Louis Grzeskowiak, II, and Summer Lane Kath as the inventors. The application that issued
as the D’577 Patent was filed on September 12, 2014. A true and correct copy of the D’577 Patent
is attached hereto as Exhibit E.
37. Cambria’s Berwyn product is marked with the D’577 Patent in accordance with 35
U.S.C. § 287. Cambria marks the D’577 Patent number on slab labels and sample labels.
United States Patent and Trademark Office on March 8, 2016, and names Martin E. Davis, Jon
Louis Grzeskowiak, II, and Summer Lane Kath as the inventors. The application that issued as
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the D’905 Patent was filed on January 16, 2015. A true and correct copy of the D’905 Patent is
attached hereto as Exhibit F.
40. Cambria’s Roxwell product is marked with the D’905 Patent in accordance with 35
41. The D’332 Patent, titled “Slab,” was duly and legally issued by the United States
Patent and Trademark Office on February 28, 2017, and names Martin E. Davis, Jon Louis
Grzeskowiak, II, and Summer Lane Kath as the inventors. The application that issued as the D’332
Patent was filed on August 3, 2015. A true and correct copy of the D’332 Patent is attached hereto
as Exhibit G.
42. Cambria’s Brittanicca product is marked with the D’332 Patent in accordance with
35 U.S.C. § 287. Cambria marks the D’332 Patent number on slab labels and sample labels.
44. The D’333 Patent, titled “Slab,” was duly and legally issued by the United States
Patent and Trademark Office on February 28, 2017, and names Martin E. Davis, Jon Louis
Grzeskowiak, II, and Summer Lane Kath as the inventors. The application that issued as the D’333
Patent was filed on August 3, 2015. A true and correct copy of the D’333 Patent is attached hereto
as Exhibit H.
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45. Cambria’s Roxwell product is marked with the D’333 Patent in accordance with 35
DEFENDANT’S ACTIVITIES
47. As described below, Hirsch Glass makes, uses, imports, distributes, supplies,
markets, offers for sale, and/or sells Spectrum Quartz branded products that infringe one or more
claims of the ’303 Patent and the ’626 Patent, including but not limited to the Summit, Snowdrift,
Arctic, Salt Flats, White Sands, Snowpack, Tundra, Glacial, Mirage, Pinnacle, Elevation, Sierra,
Cirrus, Sahara, and Symphony products pictured below (collectively, the “Utility Patent Accused
Products”). See, e.g., http://www.spectrumquartz.com/quartz/designs/. Further, as described
below, Hirsch Glass’s process for making the Utility Patent Accused Products infringes one or
more claims of the ’942 Patent.
Summit Snowdrift Arctic
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Salt Flats White Sands Snowpack
Tundra Glacial Mirage
Pinnacle Elevation Sierra
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Cirrus Sahara Symphony
48. On information and belief, additional Utility Patent Accused Products that Hirsch
Glass makes, uses, imports, distributes, supplies, markets, offers for sale, and/or sells are arranged
similarly, or in different arrangements that meet one or more claims of the ’303 Patent and the
’626 Patent, and for which the process of manufacture meets one or more claims of the ’942 Patent.
49. As described below, Hirsch Glass makes, uses, imports, distributes, supplies,
markets, offers for sale, and/or sells Spectrum Quartz branded products that infringe the D’670
Patent, including at least Hirsch Glass’s Carefree product (pictured below); the D’577 Patent,
including at least Hirsch Glass’s Poise Light product (pictured below); the D’905 Patent, including
at least Hirsch Glass’s Symphony product (pictured above); the D’332 Patent, including at least
Hirsch Glass’s Summit and Pinnacle products (pictured above); and the D’333 Patent, including
at least Hirsch Glass’s Symphony product (pictured above) (collectively, the “Design Patent
Accused Products”).
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Carefree Poise Light
50. As discussed above, Hirsch Glass is providing or has previously provided the
Utility Patent Accused Products and the Design Patent Accused Products from a number of
locations in the United States, including locations in this District and through its nationwide
website. See http://www.spectrumquartz.com/dealers/.
51. In addition, Hirsch Glass has filed patent applications that appropriate Cambria’s
earlier-filed patented technology and confirm Hirsch Glass’s infringement of the Asserted Utility
Patents. For example, on September 25, 2014—more than a month after Cambria filed the patent
application to which the Asserted Utility Patents claim priority—Hirsch Glass’s President, Alex
Xie, filed U.S. Patent Application No. 14/469,249, which issued as U.S. Patent No. 9,511,516 (the
“’516 Patent”). The ’516 Patent is entitled “Method and Apparatus for Manufacturing Quartz
Slab.” On information and belief, the ’516 Patent discloses aspects of the Utility Patent Accused
Products and the process for manufacturing them. A true and correct copy of the ’516 Patent is
attached hereto as Exhibit I.
52. On December 26, 2017—more than three years after Cambria filed the patent
application to which the Asserted Utility Patents claim priority—Mr. Xie filed U.S. Patent
Application No. 15/854,519, which issued as U.S. Patent No. 10,035,733 (the “’733 Patent”). The
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’733 Patent is entitled “Method and Apparatus for Manufacturing Quartz Slab.” On information
and belief, the ’733 Patent discloses aspects of the Utility Patent Accused Products and the process
for manufacturing them. The ’733 Patent purports to incorporate the ’516 Patent by reference.
See ’733 Patent at 5:34–35, 6:11–12. A true and correct copy of the ’733 Patent is attached hereto
as Exhibit J.
53. According to assignment database records available on the U.S. Patent and
Trademark Office’s public website, the ’516 Patent and the ’733 Patent are each assigned to SQIP,
LLC, as recorded at reel/frame 055004/0903. On information and belief, “SQIP” stands for
“Spectrum Quartz Intellectual Property.”
54. As detailed further below, Mr. Xie’s ’516 Patent and ’733 Patent provide additional
evidence that the Utility Patent Accused Products infringe Cambria’s ’303 Patent and ’942 Patent,
and that the process for manufacturing the Utility Patent Accused Products infringes Cambria’s
’626 Patent.
55. Cambria has not authorized Hirsch Glass to copy, reproduce, manufacture,
duplicate, disseminate, distribute, import, sell, offer for sale, or display any quartz surface products
produced with the technology claimed by any of the Asserted Utility Patents.
56. Cambria has not authorized Hirsch Glass to copy, reproduce, manufacture,
duplicate, disseminate, distribute, import, sell, offer for sale, or display any quartz surface products
produced with the designs claimed by any of the Asserted Design Patents.
57. On or about December 26, 2017, the ’303 Patent was listed in an Information
Disclosure Statement for U.S. Patent Application No. 15/854,519, which was filed by, and names
as the sole inventor, the President of Hirsch Glass, Mr. Xie. A true and correct copy of Mr. Xie’s
Information Disclosure Statement listing the ’303 Patent is attached hereto as Exhibit K.
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58. In addition to the constructive notice provided by Cambria’s patent markings and
the actual notice apparent from Mr. Xie’s Information Disclosure Statement, Cambria provided
actual written notice to Hirsch Glass of its infringement of the ’303 Patent and the D’332 Patent
on February 6, 2018. A true and correct copy of Cambria’s letter providing actual written notice
to Hirsch Glass of its infringement is attached as Exhibit L.
59. In addition to the constructive notice provided by Cambria’s patent markings,
Hirsch Glass is and has been aware of the ’942 Patent, the ’626 Patent, the D’670 Patent, the D’577
Patent, the D’905 Patent, and the D’333 Patent since at least the filing of this lawsuit.
60. Despite Hirsch Glass’s knowledge of the Asserted Patents, Hirsch Glass continues
to willfully violate Cambria’s intellectual property rights by infringing the Asserted Patents.
COUNT I – INFRINGEMENT OF THE ’303 PATENT
61. Cambria incorporates by reference and realleges, as if fully set forth herein,
paragraphs 1–60 of this Complaint.
62. As described below, in violation of at least 35 U.S.C. § 271(a), Hirsch Glass
infringes and/or has infringed, literally or under the doctrine of equivalents, at least claim 1 of the
’303 Patent by importing, making, using, offering to sell, and/or selling the Accused Utility Patent
Products without a license or permission from Cambria, including in this judicial District.
63. Claim 1 of the ’303 Patent recites as follows:
1. A processed slab, comprising: a major surface at least 2 feet wide by at least

6 feet long and extending perpendicularly to a slab thickness, the major surface
having at least a first pigmented vein extending generally lengthwise from edge-to-
edge that separates at least second and third pigmented veins extending generally
lengthwise and positioned on opposing sides of the first pigmented vein, wherein
the first pigmented vein is defined by a first particulate mineral mix and at least the
first particulate mineral mix is separated from and forms a substantially unmixed
layer with respect to a second particulate mineral mix defining the second
pigmented vein according to a predefined layer pattern such that each of the first
and second pigmented veins has a vein thickness equal to and parallel to the slab
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thickness, the second particulate mineral mix being different than the first
particulate mineral mix.
64. On information and belief, the Accused Utility Patent Products are processed slabs,
comprising a major surface at least 2 feet wide by at least 6 feet long and extending perpendicularly
to a slab thickness. Specifically, Hirsch Glass markets each of the Accused Utility Patent Products
as being slabs that are each 63 inches (5.25 feet) wide and 120 inches (10 feet) long. 1 Moreover,
Mr. Xie’s ’733 Patent states that “a processed slab[] may be provided which may include a major
surface at least two feet wide by at least six feet long and extending perpendicularly to a slab
thickness.” ’733 Patent at 2:26–29; see also id. at 6:28–31.
65. On information and belief, the major surface of each Accused Utility Patent
Product has at least a first pigmented vein extending generally lengthwise from edge-to-edge that
separates at least second and third pigmented veins extending generally lengthwise and positioned
on opposing sides of the first pigmented vein. This is shown by the pictures of each Accused
Utility Patent Product available on Hirsch Glass’s website. See supra note 1. Moreover, Mr. Xie’s
’733 Patent states that “the processed slab includes at least one vein of a combination of materials;
1
See, e.g., http://www.spectrumquartz.com/products/summit/#slab
http://www.spectrumquartz.com/products/snowdrift/#slab
http://www.spectrumquartz.com/products/arctic/#slab
http://www.spectrumquartz.com/products/salt-flats/#slab
http://www.spectrumquartz.com/products/white-sands/#slab
http://www.spectrumquartz.com/products/snowpack/#slab
http://www.spectrumquartz.com/products/tundra/#slab
http://www.spectrumquartz.com/products/glacial/#slab
http://www.spectrumquartz.com/products/mirage/#slab
http://www.spectrumquartz.com/products/pinnacle/#slab
http://www.spectrumquartz.com/products/elevation/#slab
http://www.spectrumquartz.com/products/sierra/#slab
http://www.spectrumquartz.com/products/sahara/#slab
http://www.spectrumquartz.com/products/bliss/qm8467-slab-view-md/
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wherein the at least one vein extends generally lengthwise from a first edge of the processed slab
to an opposing second edge.” ’733 Patent at 2:29–32; see also, e.g., id. at 6:31–35, Figs. 3, 5, 7.
Further, Mr. Xie’s ’516 Patent states that “[q]uartz and resin mixtures of different colors or
compositions can be dropped to produce a pattern or veining,” and “[t]his pattern or veining will
appear as ‘layers’” in the slab. ’516 Patent at 9:1–3; see also, e.g., id. at 7:56–60.
66. On information and belief, in each Accused Utility Patent Product, the first
pigmented vein is defined by a first particulate mineral mix and at least the first particulate mineral
mix is separated from and forms a substantially unmixed layer with respect to a second particulate
mineral mix defining the second pigmented vein according to a predefined layer pattern such that
each of the first and second pigmented veins has a vein thickness equal to and parallel to the slab
thickness. This is shown by the pictures of each Accused Utility Patent Product available on
Hirsch Glass’s website. See supra note 1. Moreover, Mr. Xie’s ’733 Patent states that “the at least
one vein has a thickness equal to and parallel to the slab thickness.” ’733 Patent at 2:33–34; see
also, e.g., id. at 6:35–36, Fig. 5. Further, Mr. Xie’s ’516 Patent states that “[q]uartz and resin
mixtures of different colors or compositions can be dropped to produce a pattern or veining,” and
“[t]his pattern or veining will appear as ‘layers’” in the slab. ’516 Patent at 9:1–3; see also, e.g.,
id. at 7:56–60.
67. On information and belief, in each Accused Utility Patent Product, the second
particulate mineral mix is different than the first particulate mineral mix. This is shown by the
pictures of each Accused Utility Patent Product available on Hirsch Glass’s website. See supra
note 1. Moreover, Mr. Xie’s ’516 Patent states that “[q]uartz and resin mixtures of different colors
or compositions can be dropped to produce a pattern or veining.” ’516 Patent at 9:1–3; see also,
e.g., id. at 7:56–60. Mr. Xie’s ’516 Patent also states that “[t]he method may further include
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supplying a second mixture of quartz and resin to an inner chamber of a mold, wherein the second
mixture is different from the first mixture.” Id. at 3:25–28; see also, e.g., id. at 5:61–64.
68. Cambria has been damaged as a result of the infringing conduct by Hirsch Glass
alleged above. Thus, Hirsch Glass is at least liable to Cambria in an amount that compensates
Cambria for such infringement, which by law cannot be less than a reasonable royalty, together
with interest and costs as fixed by this Court under 35 U.S.C. § 284.
69. Hirsch Glass’s infringement of the ’303 Patent has caused, and will continue to
cause, Cambria to suffer substantial and irreparable harm unless Hirsch Glass is enjoined by this
Court pursuant to 35 U.S.C. § 283.
70. Since at least December 26, 2017, Hirsch Glass has been on notice of and has actual
knowledge of the ’303 Patent. Further, Hirsch Glass has had constructive knowledge of the ’303
Patent from Cambria’s patent markings. Despite obtaining knowledge of the ’303 Patent, Hirsch
Glass has failed to cease its infringing activities.
71. Hirsch Glass’s infringement of the ’303 Patent is, has been, and continues to be,
willful, intentional, deliberate, and/or in conscious disregard of Cambria’s rights. Hirsch Glass’s
willful infringement entitles Cambria to increased damages under 35 U.S.C. § 284 and to
attorney’s fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
COUNT II – INFRINGEMENT OF THE ’942 PATENT
infringes and/or has infringed, directly or indirectly, and literally or under the doctrine of
equivalents, at least claim 1 of the ’942 Patent by importing, making, using, offering to sell, and/or
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selling the Accused Utility Patent Products without a license or permission from Cambria,
including in this judicial District.
74. Further, in violation of at least 35 U.S.C. § 271(g), Hirsch Glass imports, offers to
sell, sells, and/or uses within the United States the Accused Utility Patent Products, which are
made by the process patented in at least claim 1 of the ’942 Patent. Prior to importation into the
United States, the Accused Utility Patent Products are neither materially changed by subsequent
processes, nor do they become a trivial and nonessential component of another product.
1. A process of forming a processed slab from different particulate mineral

mixes, comprising:
positioning a slab mold in a substantially non-horizontal orientation;
dispensing multiple different particulate mineral mixes into the substantially
non-horizontally oriented mold so as to fill a mold space that is at least 6
feet long by at least 2 feet wide, the multiple different particulate mineral
mixes being differently pigmented;
adjusting the mold to a substantially horizontal orientation while the multiple
different particulate mineral mixes are in the mold; and
vibrating and compacting the multiple different particulate mineral mixes
arranged in the mold while the mold is in the substantially horizontal
orientation.
76. On information and belief, the Accused Utility Patent Products are made by a
process of forming a processed slab from different particulate mineral mixes. This is shown by
the pictures of each Accused Utility Patent Product available on Hirsch Glass’s website. See supra
note 1. Moreover, Mr. Xie’s ’733 Patent states that “the processed slab includes at least one vein
of a combination of materials.” ’733 Patent at 2:29–30; see also, e.g., id. at 6:31–32, Fig. 5.
Further, Mr. Xie’s ’516 Patent discloses the use of “[q]uartz and resin mixtures of different colors
or compositions” in forming a processed slab. ’516 Patent at 9:1–3; see also, e.g., id. at 7:56–60.
77. On information and belief, the process for making each of the Accused Utility
Patent Products comprises positioning a slab mold in a substantially non-horizontal orientation

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and dispensing multiple different particulate mineral mixes into the substantially non-horizontally
oriented mold so as to fill a mold space that is at least 6 feet long by at least 2 feet wide, the
multiple different particulate mineral mixes being differently pigmented. Specifically, Hirsch
Glass markets each of the Accused Utility Patent Products as being slabs that are each 63 inches
(5.25 feet) wide and 120 inches (10 feet) long. See supra note 1. Moreover, Mr. Xie’s ’733 Patent
states that “a method is provided which includes orienting the mold structure 28 in the vertical
position shown in FIG. 1 to receive material. Thereafter, the method may include depositing
material into the mold structure.” ’733 Patent at 6:4–8; see also, e.g., id. at 4:18–23, 4:57–49,
Figs. 1, 7. Mr. Xie’s ’733 Patent also states that “a processed slab[] may be provided which may
include a major surface at least two feet wide by at least six feet long and extending perpendicularly
to a slab thickness.” Id. at 2:26–29; see also, e.g., id. at 6:28–31. Further, Mr. Xie’s ’516 Patent
states that “[t]he mold . . . is in a vertical position as shown in FIG. 1” when dispensing the
particulate mineral mixes. ’516 Patent at 7:15–17; see also, e.g., id. at 11:29–31 (“The mold cover
gate 50 is removed to accept quartz and resin mixture when the mold 40 is in the vertical position
of FIG. 1.”). The ’516 Patent further states that “[q]uartz and resin mixtures of different colors or
compositions can be dropped to produce a pattern or veining.” Id. at 9:1–3; see also, e.g., id. at
7:56–60, Figs. 1–5.
78. On information and belief, the process of making the Accused Utility Patent
Products further comprises adjusting the mold to a substantially horizontal orientation while the
multiple different particulate mineral mixes are in the mold; and vibrating and compacting the
multiple different particulate mineral mixes arranged in the mold while the mold is in the
substantially horizontal orientation. The Accused Utility Patent Products are the result of this
process. See supra note 1. Moreover, Mr. Xie’s ’733 Patent states that “[a]fter depositing the
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mixed material 6a and 8a into the mold 28, the mold gate 28b can be closed and then the mold 28
can be rotated from its vertical position to a horizontal one,” before “further process[ing] such as
disclosed in U.S. Pat. No. 9,511,516, to Xie.” ’733 Patent at 5:26–35; see also, e.g., Figs. 1–2.
Mr. Xie’s ’516 Patent states that “when the chamber 40g is filled up to the top opening 40f, a mold
gate 50 is put in position to cover the mold opening 40f, the mold 40 is then turned from the vertical
position of FIG. 1, to a horizontal or flat position,” whereupon “the mold gate 50 will prevent the
first, second, and third mixtures in the chamber 40g from falling out of the chamber 40g.” ’516
Patent at 6:52–59; see also, e.g., Figs. 1–7. The ’516 Patent further states that the slab is
“transfer[red] into a vacuum press machine” and, “[a]fter the slab 400 . . . is pressed,” “it is moved
into a curing machine.” Id. at 9:18–22.
81. Since at least the filing of this Complaint, Hirsch Glass has been on notice of and
has actual knowledge of the ’942 Patent. Further, Hirsch Glass has had constructive knowledge
of the ’942 Patent from Cambria’s patent markings. Despite obtaining knowledge of the ’942
Patent, Hirsch Glass has failed to cease its infringing activities.
22
COUNT III – INFRINGEMENT OF THE ’626 PATENT
infringes and/or has infringed, literally or under the doctrine of equivalents, at least claim 1 of the
’626 Patent by importing, making, using, offering to sell, and/or selling the Accused Utility Patent
Products without a license or permission from Cambria, including in this judicial District.
1. A processed slab comprising a quartz material, comprising:

a major surface at least 2 feet wide by at least 6 feet long and extending
perpendicularly to a slab thickness, the major surface having a first
substantially bowed pigmented vein that extends generally lengthwise
from edge-to-edge, wherein the first substantially bowed pigmented
vein has a vein thickness equal to and parallel to the slab thickness,
wherein the slab comprises at least two different particulate mineral
mixes distributed in a series of successive layers according to a
predefined pattern, a first of the two different particulate mineral mixes
defining the first substantially bowed pigmented vein, and wherein the
first particulate mineral mix occupies the entire slab thickness at a first
region that defines the first substantially bowed pigmented vein and a
second of the two different particulate mineral mixes occupies the entire
slab thickness at a second region, the first particulate mineral mix being
absent from the second region and the second particulate mineral mix
being absent from the first region.
86. On information and belief, the Accused Utility Patent Products are processed slabs
comprising a quartz material. See, e.g., Spectrum Quartz Material Safety Data Sheet, available at
http://www.spectrumquartz.com/wp-content/uploads/2014/09/SpectrumQuartz_MSDS.pdf.
87. On information and belief, the Accused Utility Patent Products comprise a major
surface at least 2 feet wide by at least 6 feet long and extending perpendicularly to a slab thickness.
23
Specifically, Hirsch Glass markets each of the Accused Utility Patent Products as being slabs that
are each 63 inches (5.25 feet) wide and 120 inches (10 feet) long. See supra note 1. Moreover,
Mr. Xie’s ’733 Patent states that “a processed slab[] may be provided which may include a major
surface at least two feet wide by at least six feet long and extending perpendicularly to a slab
thickness.” ’733 Patent at 2:26–29; see also, e.g., id. at 6:28–31.
88. On information and belief, the major surface of each Accused Utility Patent Product
has a first substantially bowed pigmented vein that extends generally lengthwise from edge-to-
edge, wherein the first substantially bowed pigmented vein has a vein thickness equal to and
parallel to the slab thickness. This is shown by the pictures of each Accused Utility Patent Product
available on Hirsch Glass’s website. See supra note 1. Moreover, Mr. Xie’s ’733 Patent states
that “the processed slab includes at least one vein of a combination of materials; wherein the at
least one vein extends generally lengthwise from a first edge of the processed slab to an opposing
second edge; wherein the at least one vein has a thickness equal to and parallel to the slab
thickness.” ’733 Patent at 2:29–34; see also, e.g., id. at 6:31–36. Mr. Xie’s ’733 Patent also
describes “a waved layer result in the mold.” Id. at 5:20–21; see also, e.g., id. at Figs. 3, 5, 7.
Further, Mr. Xie’s ’516 Patent states that “[q]uartz and resin mixtures of different colors or
compositions can be dropped to produce a pattern or veining,” and “[t]his pattern or veining will
appear as ‘layers’” in the slab. ’516 Patent at 9:1–3; see also, e.g., id. at 7:56–60.
89. On information and belief, for each Accused Utility Patent Product, the slab
comprises at least two different particulate mineral mixes distributed in a series of successive
layers according to a predefined pattern, a first of the two different particulate mineral mixes
defining the first substantially bowed pigmented vein, and wherein the first particulate mineral
mix occupies the entire slab thickness at a first region that defines the first substantially bowed
24
pigmented vein and a second of the two different particulate mineral mixes occupies the entire slab
thickness at a second region, the first particulate mineral mix being absent from the second region
and the second particulate mineral mix being absent from the first region. This is shown by the
pictures of each Accused Utility Patent Product available on Hirsch Glass’s website. See supra
note 1. Moreover, Mr. Xie’s ’733 Patent states that “the processed slab includes at least one vein
of a combination of materials; wherein the at least one vein extends generally lengthwise from a
first edge of the processed slab to an opposing second edge; wherein the at least one vein has a
thickness equal to and parallel to the slab thickness.” ’733 Patent at 2:29–34; see also, e.g., id. at
6:31–36. Mr. Xie’s ’733 Patent also describes “a waved layer result in the mold.” Id. at 5:20–21;
see also, e.g., id. at Figs. 3, 5, 7. Further, Mr. Xie’s ’516 Patent states that “[q]uartz and resin
mixtures of different colors or compositions can be dropped to produce a pattern or veining,” and
“[t]his pattern or veining will appear as ‘layers’” in the slab. ’516 Patent at 9:1–3; see also, e.g.,
id. at 7:56–60.
has actual knowledge of the ’626 Patent. Further, Hirsch Glass has had constructive knowledge
25
of the ’626 Patent from Cambria’s patent markings. Despite obtaining knowledge of the ’626
COUNT IV – INFRINGEMENT OF THE D’670 PATENT
infringes and/or has infringed, literally or under the doctrine of equivalents, the D’670 Patent by
importing, making, using, offering to sell, and/or selling products, including but not limited to its
Carefree product, without a license or permission from Cambria, including in this judicial District.
96. The D’670 Patent is directed to a “portion of a slab” as shown in its sole figure:
26
97. As shown below, the design of Hirsch Glass’s infringing Carefree product, in the
eye of the ordinary observer who is familiar with the prior art in the field, appears substantially
similar to the ornamental design of the D’670 Patent:
99. Hirsch Glass has applied the patented design of the D’670 Patent, or at least a
colorable imitation thereof, to an article of manufacture for the purpose of sale, and/or has sold or
exposed for sale an article of manufacture to which such design or colorable imitation has been
applied. Thus, Hirsch Glass is liable to Cambria to the extent of Hirsch Glass’s total profit for
such sales under 35 U.S.C. § 289.
100. Hirsch Glass’s infringement of the D’670 Patent has caused, and will continue to
27
has actual knowledge of the D’670 Patent. Further, Hirsch Glass has had constructive knowledge
of the D’670 Patent from Cambria’s patent markings. Despite obtaining knowledge of the D’670
102. Hirsch Glass’s infringement of the D’670 Patent is, has been, and continues to be,
COUNT V – INFRINGEMENT OF THE D’577 PATENT
Poise Light product, without a license or permission from Cambria, including in this judicial
District.
28
106. As shown below, the design of Hirsch Glass’s infringing Poise Light product, in
the eye of the ordinary observer who is familiar with the prior art in the field, appears substantially
29
has actual knowledge of the D’577 Patent. Further, Hirsch Glass has had constructive knowledge
of the D’577 Patent from Cambria’s patent markings. Despite obtaining knowledge of the D’577
COUNT VI – INFRINGEMENT OF THE D’905 PATENT
30
Symphony product, without a license or permission from Cambria, including in this judicial
District.
115. As shown below, the design of Hirsch Glass’s infringing Symphony product, in the
31
119. Since the filing of this Complaint, Hirsch Glass has been on notice of and has actual
knowledge of the D’905 Patent. Further, Hirsch Glass has had constructive knowledge of the
D’905 Patent from Cambria’s patent markings. Despite obtaining knowledge of the D’905 Patent,
Hirsch Glass has failed to cease its infringing activities.
COUNT VII – INFRINGEMENT OF THE D’332 PATENT
32
Summit and Pinnacle products, without a license or permission from Cambria, including in this
judicial District.
123. The D’332 Patent is directed to a “slab” as shown in its sole figure:
124. As shown below, the design of Hirsch Glass’s infringing Summit (below on the
left) and Pinnacle (below on the right) products, in the eye of the ordinary observer who is familiar
with the prior art in the field, appear substantially similar to the ornamental design of the D’332
Patent:
33
128. Since at least February 6, 2018, Hirsch Glass has been on notice of and has actual
COUNT VIII – INFRINGEMENT OF THE D’333 PATENT
34
Symphony product, without a license or permission from Cambria, including in this judicial
District.
132. The D’333 Patent is directed to a “slab” as shown in its sole figure:
133. As shown below, the design of Hirsch Glass’s infringing Symphony product, in the
35
137. Since the filing of this Complaint, Hirsch Glass has been on notice of and has actual
JURY TRIAL DEMAND
139. Pursuant to Federal Rule of Civil Procedure 38, Cambria demands a trial by jury
on all issues that are properly triable to a jury.
PRAYER FOR RELIEF
WHEREFORE, Cambria respectfully requests that this Honorable Court enter judgment
for Cambria and against Hirsch Glass, granting Cambria the following relief:
A. A judgment that Hirsch Glass has infringed one or more claims of the Asserted
Patents;
36
B. An award of damages pursuant to 35 U.S.C. § 284 adequate to compensate Cambria

for Hirsch Glass’s infringement and in no event less than a reasonable royalty,
together with both pre- and post-judgment interest and costs as fixed by the Court
from the first date of infringement of the Asserted Patents;
C. An award of Hirsch Glass’s profits pursuant to 35 U.S.C. § 289 resulting from

Hirsch Glass’s infringement of the Asserted Design Patents;
D. A permanent injunction pursuant to 35 U.S.C. § 283 prohibiting further

infringement of the Asserted Patents by Hirsch Glass or any person acting in
concert with Hirsch Glass;
E. A judgment that Hirsch Glass’s infringement has been willful and an award of
increased damages as permitted under 35 U.S.C. § 284;
F. A finding that this case is exceptional and an award of attorneys’ fees and costs to
Cambria as provided by 35 U.S.C. § 285 or as otherwise permitted by law; and
G. Such other relief as this Court may deem proper and just.
Dated: February 9, 2021 Respectfully Submitted,
/s/ Thomas M. Buchanan

Thomas M. Buchanan (VSB No. 21530)
WINSTON & STRAWN LLP
1901 L Street NW
Washington, DC 20036
Tel: (202) 282-5000
Fax: (202) 282-5100
TBuchana@winston.com
OF COUNSEL:
Katherine Vidal (pro hac vice to be filed)

Eimeric Reig-Plessis (pro hac vice to be filed)
WINSTON & STRAWN LLP
275 Middlefield Road, Suite 205
Menlo Park, CA 94025
Tel: (650) 858-6500
Fax: (650) 858-6550
KVidal@winston.com
EReigPlessis@winston.com
ATTORNEYS FOR PLAINTIFF,

CAMBRIA COMPANY LLC
37

Complaint - Cambria Co. LLV v. Hirsch Glass Dba Spectrum Quartz (EDVA 2021)

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Case 1:21-cv-00143-LMB-IDD Document 1 Filed 02/09/21 Page 1 of 37 PageID# 1

UNITED STATES DISTRICT COURT

CAMBRIA COMPANY LLC,

HIRSCH GLASS CORP., JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT

against Defendant Hirsch Glass Corp., doing business as Spectrum Quartz:

NATURE OF THE ACTION

§ 1 et seq., including specifically 35 U.S.C. § 271, based on Defendant’s willful infringement of

2. Plaintiff Cambria Company LLC (“Cambria”) is a limited liability company

Drive East, Suite H, Belle Plaine, Minnesota 56011.

became registered to do business in the Commonwealth of Virginia, with an Entity ID number of

F2044198, on or around November 21, 2016.

JURISDICTION AND VENUE

jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a).

Commonwealth of Virginia, and in particular, with the Eastern District of Virginia. On

throughout the United States, including in this District. See http://www.spectrumquartz.com/.

Virginia. See http://www.spectrumquartz.com/dealers/. For example, the Spectrum Quartz

distributes Spectrum Quartz branded products in this District.

committed one or more acts of patent infringement within this District.

place of business in this judicial District.

bars, and showers.

nonabsorbent, and do not harbor harmful bacteria.

product designs that have revolutionized the market.

including with Cambria’s Berwyn design.

Gladstone, and Portrush designs.

designs and technology.

imitate Cambria’s original Bradshaw design:

Cambria Bradshaw Spectrum Quartz Carefree

imitate Cambria’s original Berwyn design:

Cambria Berwyn Spectrum Poise Light

Cambria’s original Roxwell design:

Cambria Roxwell Spectrum Symphony

Cambria Brittanicca Spectrum Quartz Summit

products using Cambria’s proprietary technology, as described in further detail below.

CAMBRIA’S ASSERTED PATENTS

Patent number on slab labels and sample labels.

Patent number on slab labels and sample labels.

Patent number on slab labels and sample labels.

Patent is attached hereto as Exhibit D.

is attached hereto as Exhibit E.

attached hereto as Exhibit F.

Products”). See, e.g., http://www.spectrumquartz.com/quartz/designs/. Further, as described

more claims of the ’942 Patent.

Summit Snowdrift Arctic

Salt Flats White Sands Snowpack

Tundra Glacial Mirage

Pinnacle Elevation Sierra

Cirrus Sahara Symphony

Carefree Poise Light

website. See http://www.spectrumquartz.com/dealers/.

attached hereto as Exhibit I.

“Spectrum Quartz Intellectual Property.”

to Hirsch Glass of its infringement is attached as Exhibit L.

59. In addition to the constructive notice provided by Cambria’s patent markings,

COUNT I – INFRINGEMENT OF THE ’303 PATENT

paragraphs 1–60 of this Complaint.

62. As described below, in violation of at least 35 U.S.C. § 271(a), Hirsch Glass

63. Claim 1 of the ’303 Patent recites as follows:

1. A processed slab, comprising: a major surface at least 2 feet wide by at least

thickness.” ’733 Patent at 2:26–29; see also id. at 6:28–31.

Court pursuant to 35 U.S.C. § 283.

Glass has failed to cease its infringing activities.

COUNT II – INFRINGEMENT OF THE ’942 PATENT