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

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF NEW MEXICO

Lumenpulse Group, Inc. §


§
Plaintiff, §
Civil Action No. ____________
§
v. §
JURY TRIAL DEMANDED
§
Insight Lighting, Inc., §
§
Defendant. §
§

PLAINTIFF’S ORIGINAL COMPLAINT

Plaintiff Lumenpulse Group, Inc. (“Lumenpulse”) hereby asserts the following claims for

patent infringement against Defendant Insight Lighting, Inc. (“Insight”), and states as follows:

NATURE OF ACTION

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

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

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

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

duly and legally issued by the United States Patent & Trademark Office.

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

enriched, and Plaintiff has been injured through loss of sales and good will, and seeks injunctive

and monetary remedies under the federal patent statute, 35 U.S.C. §§ 284, 285, and 289.

THE PARTIES

4. Plaintiff incorporates the preceding paragraphs herein by reference.

2957229.1
Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 2 of 21

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

Marie-Victorin Blvd., Longueuil, Quebec, Canada J4G 2H9. Lumenpulse also has a Sales and

Technology Center in Boston, Massachusetts.

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

corporation with its principal place of business at 4341 Fulcrum Way NE, Rio Rancho, New

Mexico 87144.

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

agent.

JURISDICTION AND VENUE

8. Plaintiff incorporates the preceding paragraphs herein by reference.

9. This is an action for patent infringement brought under the patent laws of the

United States, 35 U.S.C. § 1, et seq. This Court has original subject matter jurisdiction over the

claims in this action pursuant to 28 U.S.C. § 1331 (federal question), and 28 U.S.C. § 1338(a)

(patents).

10. Defendant is a New Mexico corporation and has its principal place of business in

the Judicial District, sufficient enough to make the exercise of personal jurisdiction proper.

11. Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b), because

Defendant is incorporated in New Mexico, and has its principal place of business in New

Mexico.

12. On information and belief, Defendant’s infringing products are offered for sale

and sold across the United States, including in the State of New Mexico.

BACKGROUND FACTS

13. Plaintiff incorporates the preceding paragraphs herein by reference.

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14. Plaintiff designs, develops, manufactures and sells a wide range of high-

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

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

lighting solutions provider and has earned many awards and recognitions, including several

Product Innovation Awards (PIA), three Next Generation Luminaires Design Awards, a Red Dot

Product Design Award and a Lightfair Innovation Award.

Lumenpulse Patents

15. Plaintiff is the owner of U.S. Patent No. 9,291,334 (the “334 Patent”) entitled

“Wall Wash Lighting System,” which was issued by the United States Patent and Trademark

Office on March 22, 2016. A copy of the 334 Patent is attached as Exhibit A.

16. The 334 Patent is valid, enforceable, and was duly issued in full compliance with

Title 35 of the United States Code.

17. Plaintiff is the owner of U.S. Patent No. 9,638,381 (the “381 Patent”) entitled “In-

Ground Light Fixture System With Improved Installation Closure Mechanism And Drainage,”

which was issued by the United States Patent and Trademark Office on May 2, 2017. A copy of

the 381 Patent is attached as Exhibit B.

18. The 381 Patent is valid, enforceable, and was duly issued in full compliance with

Title 35 of the United States Code.

19. Plaintiff is the owner of U.S. Patent No. D693,500 (the “500 Patent”) entitled

“LED (Light Emitting Diode) Projection Fixture,” which was issued by the United States Patent

and Trademark Office on November 12, 2013. A copy of the 500 Patent is attached as Exhibit

C.

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Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 4 of 21

20. The 500 Patent is valid, enforceable, and was duly issued in full compliance with

Title 35 of the United States Code.

21. In contravention of 35 U.S.C. § 271 and § 289, Defendant infringes the Patents-

in-suit by making, using, selling, and/or offering to sell, or causing others to make, use, sell,

and/or offer to sell lighting products, which embody the claims thereof.

22. Plaintiff is also the owner of unasserted U.S. Patent No. D773, 712 (the “712

Patent”) entitled “Linear Light Fixture And Block-out Structure,” which was issued by the

United States Patent and Trademark Office on December 6, 2016. A copy of the 712 Patent is

attached as Exhibit D.

23. The 712 Patent is valid, enforceable, and was duly issued in full compliance with

Title 35 of the United States Code.

CAUSE OF ACTION
COUNT I
(Infringement of U.S. Patent No. 9,291,334)

24. Plaintiff incorporates the preceding paragraphs herein by reference.

25. The 334 Patent is directed to an illumination system for illuminating a surface,

such as a wall, from a floor mounted optical source for generating light. An asymmetric optic

device generates output light by total internal reflection (TIR) of the light from the optical

source, intensity of the output light being asymmetric with respect to an axis of the asymmetric

optic device. A diffuser receives and diffuses the output light from the asymmetric optic device

to generate diffused light. A cover lens receives the diffused light from the diffuser. The cover

lens has an etched portion for scattering a portion of the diffused light to generate an output light

pattern, the output light pattern having an intensity profile that is asymmetric with respect to the

axis of the asymmetric optic device.

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26. The 334 Patent claims, among other things, “[a]n illumination system for

illuminating a surface, comprising: an optical source for generating light; an asymmetric optic

device for generating output light by total internal reflection (TIR) of the light from the optical

source, the asymmetric optic device having an axis, intensity of the output light being

asymmetric with respect to the axis of the asymmetric optic device; a diffuser receiving and

diffusing the output light from the asymmetric optic device to generate diffused light; and a

cover lens receiving the diffused light from the diffuser and generating an output light pattern

from the diffused light from the diffuser that is transmitted through the cover lens, the cover lens

having an etched portion and a non-etched portion, the etched portion of the cover lens

asymmetrically scattering only a portion of the diffused light that is transmitted through the

cover lens to generate the output light pattern such that the output light pattern has an intensity

profile that is asymmetric with respect to the axis of the asymmetric optic device; wherein the

surface being illuminated is substantially parallel to the axis of the asymmetric optic device.”

27. Lumenpulse manufactures and sells lighting products practicing the 334 Patent

with its “Lumenfacade” family of products, one of which is the “Lumenfacade Inground.”

28. Defendant is infringing the 334 Patent at least by making, using, offering to sell,

and selling, its “Medley InGrade – MIG” line of in-ground mounted lighting (“MIG product”).

In particular, the MIG product offering with “Optics” option of “Asymmetric Low Wallwash”

infringes the 334 Patent. The 334 Patent is entitled “Wall Wash Lighting System.”

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Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 6 of 21

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


http://www.insightlighting.com/product/medley-ingrade-white-lightstatic-colors/ (last visited
Mar. 26, 2019).

29. As one non-limiting example, set forth below (with claim language in italics), is a

description of exemplary claim 1 of the 334 Patent as to Defendant’s MIG product. This

description is based on publicly available information. Lumenpulse reserves the right to modify

this description including, for example, on the basis of information about the MIG product or

other products it obtains during discovery.

30. “an optical source for generating light” – the MIG product contains an LED

optical source, which can be white or colored light.

31. “an asymmetric optic device for generating output light by total internal

reflection (TIR) of the light from the optical source, the asymmetric optic device having an axis,

intensity of the output light being asymmetric with respect to the axis of the asymmetric optic

device” and “a diffuser receiving and diffusing the output light from the asymmetric optic device

to generate diffused light” – all of the MIG products contain a asymmetric optic device for

generating light by total internal reflection of the light with a diffuser. In the below illustration,

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Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 7 of 21

from the MIG product brochure, the left-most light pattern emanating from the TIR is

asymmetric to the axis of the optical device, and the light pattern emanating from the rectangular

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

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


content/uploads/images/Medley%20Ingrade/Medley_Ingrade_Brochure.pdf (last visited Mar. 26,
2019).

32. “a cover lens receiving the diffused light from the diffuser and generating an

output light pattern from the diffused light from the diffuser that is transmitted through the cover

lens, the cover lens having an etched portion and a non-etched portion, the etched portion of the

cover lens asymmetrically scattering only a portion of the diffused light that is transmitted

through the cover lens to generate the output light pattern such that the output light pattern has

an intensity profile that is asymmetric with respect to the axis of the asymmetric optic device” –

the MIG product Asymmetric Low optics are described by Defendant on its website using light-

emission pattern graphics and IES photometric files, which depict a refracted light pattern

directed lower than that which would emanate from the TIR in the absence of a cover lens that

produces this additional refraction.

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Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 8 of 21

See Insight Lighting, Medley InGrade available at


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

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


2019)

33. On information and belief, the MIG product cover lens is comprised of at least

two section: one etched, and one not etched, and the former is responsible for the refraction

giving rise to the asymmetrically scattering of only a portion of the diffused light that is

transmitted through the cover lens.

34. “wherein the surface being illuminated is substantially parallel to the axis of the

asymmetric optic device” – the MIG product is designed for use illuminating a wall or vertical

faced object.

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


content/uploads/images/Medley%20Ingrade/Medley_Ingrade_Brochure.pdf (last visited Mar. 26,
2019).

35. Defendant has infringed, currently infringes, and will continue to infringe, either

literally or under the doctrine of equivalents, the 334 Patent unless enjoined by this Court from

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Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 10 of 21

making, using, offering for sale, and/or selling the accused MIG product within the United

States. 35 U.S.C. § 271 et seq.

36. On information and belief, Defendant induced and/or directed its distributors,

resellers and customers, to infringe upon the 334 Patent in violation of 35 U.S.C. § 271(b)-(c).

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

product, the 334 Patent, or was willfully blind to its existence, and Defendant knew or was

willfully blind in consciously ignoring the possibility that its actions would infringe the 334

Patent.

38. As a direct and proximate result of Defendant’s direct and indirect infringement

of the 334 Patent, Plaintiff is suffering damages, including without limitation lost profits and not

less than a reasonable royalty, as well as irreparable injury for which it has no adequate remedy

at law.

CAUSE OF ACTION
COUNT II
(Infringement of U.S. Patent No. 9,638,381)

39. Plaintiff incorporates the preceding paragraphs herein by reference.

40. The 381 Patent is directed to a lighting system includes a linear light fixture and a

linear blockout structure. The linear blockout structure includes a chamber in which the linear

light fixture is mountable and side walls on opposite sides of the chamber engageable by flange

portions of the linear light fixture when the linear light fixture and linear blockout structure are

assembled together. A hinge structure includes first and second hinge components engaging

each other such that when the linear blockout structure and linear lighting fixture are being

assembled, they are rotatable with respect to each other at the hinge structure. First and second

fastening components engage each other to hold the linear blockout structure and linear lighting

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fixture assembled together with the linear light fixture being disposed within the chamber of the

linear blockout structure.

41. The 381 Patent claims, among other things, “[a] lighting system, comprising: a

linear light fixture; a linear blockout structure mountable in a base of the lighting system, the

linear light fixture being mountable in the linear blockout structure when the linear light fixture

and linear blockout structure are assembled together, the linear blockout structure including a

chamber in which the linear light fixture is mountable and side walls on opposite sides of the

chamber engageable by flange portions of the linear light fixture when the linear light fixture and

linear blockout structure are assembled together; a hinge structure comprising a first hinge

component on a first sidewall of the linear blockout structure and a second hinge component on a

first flange portion of the linear light fixture, the first and second hinge components engaging

each other such that when the linear blockout structure and linear lighting fixture are being

assembled, the linear blockout structure and linear lighting fixture are rotatable with respect to

each other at the hinge structure; and a fastening structure comprising a first fastening

component on a second flange portion of the linear light fixture and a second fastening

component on a second sidewall of the linear blockout structure, the first and second fastening

components engaging each other to hold the linear blockout structure and linear lighting fixture

assembled together with the linear light fixture being disposed within the chamber of the linear

blockout structure.”

42. Lumenpulse manufactures and sells lighting products practicing the 381 Patent

with its “Lumenfacade Inground” family of products.

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43. Defendant is infringing the 381 Patent at least by making, using, offering to sell,

and selling, its “Medley InGrade – MIG” line of in-ground mounted lighting (previously

identified as “MIG product”).

44. As one non-limiting example, set forth below (with claim language in italics), is a

description of exemplary claim 1 of the 381 Patent as to Defendant’s MIG product. This

description is based on publicly available information. Lumenpulse reserves the right to modify

this description including, for example, on the basis of information about the MIG product or

other products it obtains during discovery.

45. “a linear light fixture” – the MIG product is a linear in ground lighting fixture

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


http://www.insightlighting.com/product/medley-ingrade-white-lightstatic-colors/ (last visited
Mar. 26, 2019).

46. “a linear blockout structure mountable in a base of the lighting system, the linear

light fixture being mountable in the linear blockout structure when the linear light fixture and

linear blockout structure are assembled together, the linear blockout structure including a

chamber in which the linear light fixture is mountable and side walls on opposite sides of the

chamber engageable by flange portions of the linear light fixture when the linear light fixture

and linear blockout structure are assembled together” – the MIG product has a linear blockout

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structure, designated a “Concrete Pour Box,” which is mountable in a base of the lighting

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

mountable within the blockout structure, engageable by flange portions of the linear light fixture

when assembled.

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See Medley InGrade Installation Guide available at


http://www.insightlighting.com/product/medley-ingrade-white-lightstatic-colors/
(installation guide, IS11331-2_MEDLEY_INGRADE_LUMINAIRE_INSTALL.pdf) (last
visited Mar. 26, 2019).

47. “a hinge structure comprising a first hinge component on a first sidewall of the

linear blockout structure and a second hinge component on a first flange portion of the linear

light fixture, the first and second hinge components engaging each other such that when the

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linear blockout structure and linear lighting fixture are being assembled, the linear blockout

structure and linear lighting fixture are rotatable with respect to each other at the hinge

structure” – the sidewall of the blockout structure has a first flange, which rotatable engages a

second hinge on the flange of the light fixture.

See Medley InGrade Installation Guide available at


http://www.insightlighting.com/product/medley-ingrade-white-lightstatic-colors/
(installation guide, IS11331-2_MEDLEY_INGRADE_LUMINAIRE_INSTALL.pdf) (last
visited Mar. 26, 2019).

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

portion of the linear light fixture and a second fastening component on a second sidewall of the

linear blockout structure, the first and second fastening components engaging each other to hold

the linear blockout structure and linear lighting fixture assembled together with the linear light

fixture being disposed within the chamber of the linear blockout structure” – the light fixture has

a first fastening component on its flange, and the blockout structure has a second fastening

component on its sidewall, which engage to hold the light fixture within the blockout structure.

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See Insight Lighting, Medley InGrade Installation Guide available at


http://www.insightlighting.com/product/medley-ingrade-white-lightstatic-colors/
(installation guide, IS11331-2_MEDLEY_INGRADE_LUMINAIRE_INSTALL.pdf) (last
visited Mar. 26, 2019).

49. Defendant has infringed, currently infringes, and will continue to infringe, either

literally or under the doctrine of equivalents, the 381 Patent unless enjoined by this Court from

making, using, offering for sale, and/or selling the accused MIG product patented design within

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

50. On information and belief, Defendant induced and/or directed its distributors,

resellers and customers, to infringe upon the 381 Patent in violation of 35 U.S.C. § 271(b)-(c).

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

product, the 381 Patent, or was willfully blind to its existence, and Defendant knew or was

willfully blind in consciously ignoring the possibility that its actions would infringe the 381

Patent.

52. As a direct and proximate result of Defendant’s direct and indirect infringement

of the 381 Patent, Plaintiff is suffering damages, including without limitation lost profits and not

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Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 17 of 21

less than a reasonable royalty, as well as irreparable injury for which it has no adequate remedy

at law.

53. Plaintiff is also the owner of the 712 Patent, entitled “Linear Light Fixture And

Block-out Structure,” which also relates to block-out designs/products. Plaintiff does not assert

the 712 Patent in this case, but reserves the right to pursue such claims should evidence adduced

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

CAUSE OF ACTION
COUNT III
(Infringement of U.S. Patent No. D693,500)

54. Plaintiff incorporates the preceding paragraphs herein by reference.

55. The 500 Patent claims the ornamental design of and LED Projection Fixture such

as shown below:

Exhibit C, FIGS. 1-3.

56. Lumenpulse manufactures and sells lighting products with the design of the 500

Patent under its “Lumenbeam” family of products.

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57. In contravention of 35 U.S.C. § 271 and § 289, Defendant infringed the 500

Patent by making, using, selling, and/or offering to sell, or causing others to make, use, sell,

and/or offer to sell LED lighting fixtures, including but not limited to the “Pro-Spot” lights,

which embody the design claimed in the 500 Patent.

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


content/uploads/images/9-Spot/Pro-Spot%20Brochure.pdf (last visited Mar. 26, 2019).

58. The overall appearance of Defendant’s Pro-Spot is substantially the same as the

design in the 500 Patent, and/or at least a colorable imitation thereof.

59. By way of example, both designs comprise an industrial design, including a round

configuration of lens with aimable hinge, aimable hinge increments, an angular dual

compartment design comprising an LED part with fins, and a power supply part without fins, and

tapered fins with thicker portions on the lens side.

60. The ordinary observer, seeing the Pro-Spot, would be deceived into believing that

it is the same as Plaintiff’s patented design.

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61. Defendant has infringed, currently infringes, and will continue to infringe, the 500

Patent unless enjoined by this Court from making, using, offering for sale, importing and/or

selling Plaintiff’s patented design within the United States. 35 U.S.C. § 271(a).

62. On information and belief, Defendant induced and/or directed its distributors,

resellers and customers, to infringe upon the 500 Patent in violation of 35 U.S.C. § 271(b)-(c).

63. Defendant’s acts of direct and indirect patent infringement are continuing and

ongoing.

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

product, the 500 Patent, or was willfully blind to its existence, and Defendants knew or was

willfully blind in consciously ignoring the possibility that its actions would infringe the 500

Patent.

65. As a direct and proximate result of Defendant’s direct and indirect infringement

of the 500 Patent, Defendant has been unjustly enriched, and Plaintiff is suffering damages,

including without limitation lost profits and not less than a reasonable royalty, as well as

irreparable injury for which it has no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests the Court enter judgment against

Defendant:

1. Finding that Defendant infringes U.S. Patent Nos. 9,291,334; 9,638,381; and

D693,500;

2. Pursuant to 35 U.S.C. § 283, granting a preliminary and permanent injunction

enjoining Defendant, its subsidiaries, affiliates, divisions, officers, agents,

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Case 1:19-cv-00328 Document 1 Filed 04/08/19 Page 20 of 21

servants, employees, directors, partners, representatives, and all parties in active

concert and/or participation with Defendant from directly or indirectly making,

having made, selling, offering for sale, distributing, using, or importing into the

United States products that infringe the 9,291,334; 9,638,381; and D693,500

Patents;

3. Issue an Order prohibiting Defendant from: making, using, selling, offering for

sale, and/or importing the accused products into the United States;

4. Pursuant to 35 U.S.C. § 284, ordering Defendant to account for and pay to

Plaintiff all damages caused by Defendant’s infringement of the 9,291,334;

9,638,381; and D693,500 Patents, including lost profits and interest, but in no

event less than a reasonable royalty;

5. Pursuant to 35 U.S.C. § 289, awarding to Plaintiff the total extent of Defendant’s

total profits derived from sales of the accused products that infringe the D693,500

Patent;

6. Pursuant to 35 U.S.C. § 285, awarding to Plaintiff all costs and attorney’s fees

incurred in connection with this action, upon a judgment declaring this an

exceptional case; and

7. Such other and further relief as the Court deems just and proper.

JURY DEMAND

Plaintiff demands trial by jury pursuant to Fed. R. Civ. P. 38(b).

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Respectfully submitted,

RODEY, DICKASON, SLOAN, AKIN & ROBB, P.A.

By /s/Leslie McCarthy Apodaca_______


Leslie McCarthy Apodaca
Post Office Box 1888
Albuquerque, New Mexico 87103
Telephone: (505) 765-5900
Facsimile: (505) 768-7395
lapodaca@rodey.com
Attorneys for Plaintiff Lumenpulse Group, Inc.

OF COUNSEL:
Howard J. Susser (MA Bar 636183)*
Joseph Maraia (MA Bar 650569) *
Eric G. J. Kaviar (MA Bar 670833)*
Anthony Faillaci (MA Bar 697711)*
BURNS & LEVINSON LLP
125 Summer Street
Boston, MA 02110-1324
Telephone: 617-345-3000
Facsimile: 617-345-3299
hsusser@burnslev.com
jmaraia@burnslev.com
ekaviar@burnslev.com
afaillaci@burnslev.com

* - Entry of Appearance and Certificates of Good Standing to be filed.

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Case 1:19-cv-00328 Document 1-1 Filed 04/08/19 Page 1 of 2
JS 44 (Rev. 02/19) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS


Insight Lighting, Inc.
Lumenpulse Group, Inc.

(b) County of Residence of First Listed Plaintiff Canada County of Residence of First Listed Defendant Sandoval County, USA
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Leslie McCarthy Apodaca, Esq., Rodey, Dickason, Sloan, Akin & Robb,
P.A., 201 3rd Street NW, Suite 2200, Albuquerque, NM 87102
505-765-5900

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6


Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
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(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 485 Telephone Consumer
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) Protection Act
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’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) Act
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 896 Arbitration
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 899 Administrative Procedure
’ 245 Tort Product Liability Accommodations ’ 530 General Act/Review or Appeal of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: ’ 462 Naturalization Application ’ 950 Constitutionality of
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration State Statutes
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 1, et seq.
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
04/08/2019 /s/ Leslie McCarthy Apodaca
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 02/19) Case 1:19-cv-00328 Document 1-1 Filed 04/08/19 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.


Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE
NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in
statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:19-cv-00328 Document 1-2 Filed 04/08/19 Page 1 of 14

EXHIBIT A
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EXHIBIT B
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EXHIBIT C
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EXHIBIT D
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