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COMPLAINT
Plaintiff Fluxwerx Illumination Inc. (“Fluxwerx”) hereby asserts the following claims for
NATURE OF ACTION
2. On information and belief, AAMSCO manufactures, sells, and/or imports for sale,
knock-off LED lighting fixtures in place of those designed, manufactured, and sold by Plaintiff.
THE PARTIES
incorporated under the laws of the State of Delaware located at The Company Corporation, 251
Little Falls Drive, Wilmington, DE 19808, with a principal place of business located at 100
8. 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 and 1338(a) (federal question).
9. The Court has personal jurisdiction over Defendant AAMSCO and Venue is
proper within this District under 28 U.S.C. §§ 1391(b) and 1400(b) for the following reasons:
placed goods related to the claims below into the stream of commerce in the State;
COUNT I
(Infringement of U.S. Patent No. D747,539)
11. Plaintiff is in the business of designing, manufacturing, and selling high quality
LED lighting fixtures in the United States and throughout the world.
12. Plaintiff is the owner of U.S. Patent No. D747,539 (the “’539 Patent”) entitled
Luminaire, which issued by the United States Patent and Trademark Office (“Patent Office”) on
2
Case 1:19-cv-00481-UNA Document 1 Filed 03/08/19 Page 3 of 9 PageID #: 3
13. The ’539 Patent is valid, enforceable, and was duly issued in full compliance with
14. The ’539 Patent claims the ornamental design for a luminaire, as shown below:
AAMSCO PRODUCTS
the ’539 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 LINEA-LUX LED
PENDANT Model #LL50, which embodies the design claimed in the ’539 Patent. Photographs
of AAMSCO’s LED lighting fixtures are attached hereto as Exhibit B, and reproduced below for
convenience.
3
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Exhibit B at 1.
Id. at 2.
4
Case 1:19-cv-00481-UNA Document 1 Filed 03/08/19 Page 5 of 9 PageID #: 5
Id. at 5.
Id. at 8.
5
Case 1:19-cv-00481-UNA Document 1 Filed 03/08/19 Page 6 of 9 PageID #: 6
16. On information and belief, AAMSCO’s LED lighting fixtures are sold online and
in this District.
17. As a result of the manner in which the AAMSCO products are sold, a prospective
consumer usually does not have an opportunity to closely examine the product. He or she can
18. The overall appearance of the AAMSCO LED lighting fixture is substantially the
same as the design in the ’539 Patent, or is at least a colorable imitation thereof.
beam styled frame, a joiner, and a “window” for where the light diffuses.
20. AAMSCO’s LED lighting fixture even contains the unprotected elements of
Plaintiff’s design, such the placement of the screws for mounting on a ceiling.
21. The ordinary observer, seeing the AAMSCO LED lighting fixture would be
22. On information and belief, AAMSCO has offered their accused design for sale
23. On information and belief, AAMSCO is attending the LEDucation trade show in
New York, New York from March 12-13, 2019, where it intends to display the LINEA-LUX
24. AAMSCO has infringed, and will continue to infringe, the ’539 Patent unless
enjoined by this Court from making, using, offering for sale, importing and/or selling the
25. On information and belief, AAMSCO induced and/or directed its manufacturers,
customers, and users to infringe upon the ’539 patent in violation of 35 U.S.C. § 271(b)-(c).
6
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26. AAMSCO’s acts of direct and indirect patent infringement are continuing and
ongoing.
28. As a direct and proximate result of AAMSCO’s direct and indirect infringement
of the ’539 Patent, Plaintiff is suffering damages and irreparable injury for which it has no
29. AAMSCO’s acts of infringement have caused both immeasurable and measurable
damage to Plaintiff.
7
Case 1:19-cv-00481-UNA Document 1 Filed 03/08/19 Page 8 of 9 PageID #: 8
Defendants:
having made, selling, offering for sale, distributing, using, or importing into the
United States products, or product colorably similar thereto, that infringe the ’539
Patent;
3. Pursuant to 35 U.S.C. § 284, Defendant account for and pay to Plaintiff all
total profits derived from sales of the accused luminaire design, or product
6. Such other and further relief as the Court deems just and proper.
JURY DEMAND
8
Case 1:19-cv-00481-UNA Document 1 Filed 03/08/19 Page 9 of 9 PageID #: 9
HEYMAN ENERIO
GATTUSO & HIRZEL LLP
9
Case 1:19-cv-00481-UNA Document 1-1 Filed 03/08/19 Page 1 of 7 PageID #: 10
EXHIBIT A
Case 1:19-cv-00481-UNA Document 1-1 Filed 03/08/19 Page 2 of 7 PageID #: 11
USOOD747539S
US D747,539 S
Page 2
G. 3
G. S. G. S
Case 1:19-cv-00481-UNA Document 1-1 Filed 03/08/19 Page 6 of 7 PageID #: 15
G. 7
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G. 9
G. 8
G. O.
G. G. 2
Case 1:19-cv-00481-UNA Document 1-2 Filed 03/08/19 Page 1 of 9 PageID #: 17
EXHIBIT B
Case 1:19-cv-00481-UNA Document 1-2 Filed 03/08/19 Page 2 of 9 PageID #: 18
LINEA-LUX LED
PENDANT
Model #LL50
Unique Aesthetic Design
Case 1:19-cv-00481-UNA Document 1-2 Filed 03/08/19 Page 3 of 9 PageID #: 19
01
Transparent Optics
The unique design makes it semi- transparent luminaire when off, excellent uniformity and efficiency
when on.
02
Vertical Modern Design
Timeless and minimalist design compliments any interior architectural atmosphere
Case 1:19-cv-00481-UNA Document 1-2 Filed 03/08/19 Page 4 of 9 PageID #: 20
03
Square canopy
Unique canopy design incorporates power supply. Fits all types of junction boxes.
011
Advanced Optics
The ultra-thin, semi-transparent optical
light plate transmits the flux of LEDs to
deliver even light distribution.
02
Extruded Aluminum Housing
Manufactured with an extruded aluminum housing
with die cast aluminum end caps. Powder coated
silver is standard finish.
Case 1:19-cv-00481-UNA Document 1-2 Filed 03/08/19 Page 5 of 9 PageID #: 21
033
High Light Transmittance Diffuser
Cover
High quality polycarbonate material reaching
>80% light transmittance, creating soft, diffused
light with no glare.
044
Indirect light distribution above the
pendant.
Standard Version
055
Isolated Class 2 Output LED Driver
The constant current driver with universal voltage
100-277V is housed in a ceiling canopy. One
remote driver per unit. 0-10V dimming is standard.
Also available with emergency backup driver
option.
12W
15W 15W
18W
Linea-Lux pendant with diffused cover has a precisely controlled optimal direct & indirect light distribution
between the direct surfaces below and the ambient area above the pendant.
This unique design allows for simple and intuitive assembly in the field. Its junction plate acts as
the connector and ensures that luminaire rows snap together into a laser straight line.
Details
Case 1:19-cv-00481-UNA Document 1-2 Filed 03/08/19 Page 7 of 9 PageID #: 23
Square Canopy
Suspension Cable
1.57"
5. 51"
47.14"
Performance Summary(LV4-DM-XXX)
Mounting Dimming
Suspended 0-10V Dimming (10%~100%)
Accessories Certificate
Square Canopy with suspending kits ETL, DLC Listed With Damp Rated
Case 1:19-cv-00481-UNA Document 1-2 Filed 03/08/19 Page 8 of 9 PageID #: 24
Accessories
1. Surface Mount Plate 1PC
① ② 2. Square Canopy With Driver 1PC
3. Tapping Screw 2PCS
4. Mechanical Screw 4PCS
5. Terminals 5PCS
6. 1.5M Suspension Rope 1PC
③ ④ ⑤ 7. Cable Ties 4PCS
⑥ ⑦
Applications
Case 1:19-cv-00481-UNA Document 1-2 Filed 03/08/19 Page 9 of 9 PageID #: 25
1/1986-755-
61157553 Mail: sales@okt-led.com www.oktlighting.com 1212
Case 1:19-cv-00481-UNA Document 1-3 Filed 03/08/19 Page 1 of 4 PageID #: 26
EXHIBIT C
3/5/2019 Aamsco
Case 1:19-cv-00481-UNA Document 1-3 Lighting
FiledInc. – LEDucationPage 2 of 4 PageID #: 27
03/08/19
Summerville, SC 29483
800-221-9092
aamsco.com
Aamso Lighting has been manufacturing unique luminaires since 1982 and now produces quality,
innovative lighting products for the millennium. Specialty lighting has been Aamsco's area of
expertise for many years. We are constantly expanding our product line to incorporate the latest
https://leducation.org/exhibitor/aamsco-lighting-inc/ 1/3
3/5/2019 Aamsco
Case 1:19-cv-00481-UNA Document 1-3 Lighting
FiledInc. – LEDucationPage 3 of 4 PageID #: 28
03/08/19
state-of-the-art technologies and are happy to o er custom lighting designs to suit your needs.
Stop by to see the NEW LINEA-LUX LED PENDANT, shown here: aamsco.com/luminaires/linea-lux-
led/
Booth GB 621
CATEGORIES
COMMERCIAL, CUSTOM, DECORATIVE, INTERIOR, LAMPS/MODULES, RECESSED
LINEAR, RESIDENTIAL, SPECIALTY, SURFACE LINEAR
ABRA LIGHTING G E N L E D A C O LY T E
QUICK LINKS
FOLLOW US
https://leducation.org/exhibitor/aamsco-lighting-inc/ 2/3
3/5/2019 Aamsco
Case 1:19-cv-00481-UNA Document 1-3 Lighting
FiledInc. – LEDucationPage 4 of 4 PageID #: 29
03/08/19
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Case 1:19-cv-00481-UNA Document 1-4 Filed 03/08/19 Page 1 of 1 PageID #: 30
JS 44 (Rev. 06/17) 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.)
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant NEW CASTLE
(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)
DOMINICK GATTUSO
HEYMAN ENERIO GATTUSO & HIRZEL LLP, 300 DELAWARE AVE.,
SUITE 200, WILMINGTON, DE 19801 (302) 472-7311
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