d.light design et. al. v. boxin solar et. al
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
JURY TRIAL
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MAYER BROWN LLPMICHAEL A. MOLANO (SBN 171057)[email protected] T. LORCH (SBN 267647)[email protected] Palo Alto Square, Suite 3003000 El Camino RealPalo Alto, CA 94306-2112Telephone: (650) 331-2000Facsimile: (650) 331-2060
MAYER BROWN LLPA. JOHN P. MANCINI (pro hac viceapplication to be filed)[email protected] M. BIONDO (pro hac viceapplication pending)[email protected] Broadway
New York, New York 10019-5820Telephone: (212) 506-2500Facsimile: (212) 262-1910
Attorneys for PlaintiffsD.LIGHT DESIGN, INC. andD.LIGHT DESIGN, LTD.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
D.LIGHT DESIGN, INC. and D.LIGHTDESIGN, LTD.,
Plaintiffs,
v.
BOXIN SOLAR CO., LTD.; QINGDAOSUNFLARE NEW ENERGY CO. LTD.;SKONE LIGHTING CO., LTD.; BEIHAI CITYYAST ELECTRIC APPLIANCE CO. LTD.;CIXI DAY & NIGHT GROUP LIMITED;DONGGUAN SUPERB SOLAR CO. LTD.;
SHENZHEN POWER-SOLUTION IND. CO.,LTD.; SAILING MOTOR CO., LTD.;GUANGDONG YINHE MOTOR GROUP CO.LTD.; AND GUANGZHOU LF SKYENERGY TECHNOLOGY CO., LTD.
Defendants.
Case No. ___________________
COMPLAINT FOR PATENTINFRINGEMENT, TRADE DRESSINFRINGEMENT, FALSEDESIGNATION OF ORIGIN, ANDUNFAIR COMPETITION
DEMAND FOR JURY TRIAL
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
JURY TRIAL
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d.light design, Inc. and d.light design, Ltd. (collectively, d.light or Plaintiffs), by their
attorneys, Mayer Brown LLP, as and for their complaint against Boxin Solar Co., Ltd. (Boxin)
Qingdao Sunflare New Energy Co. Ltd. (Qingdao), Skone Lighting Co., Ltd. (Skone Lighting)
Beihai City YAST Electric Appliance Co. Ltd. (Beihai Skone, and, collectively with Skone Lighting,
Skone), Cixi Day & Night Group Limited (Day & Night), Dongguan Superb Solar Co. Ltd. (Superb
Solar), Shenzhen Power-Solution Ind. Co., Ltd. (Power-Solution), Sailing Motor Co., Ltd. (Sailing
Motor), Guangdong Yinhe Motor Group Co. Ltd. (Yinhe Motor, and, collectively with Sailing Motor,
Yinhe-Sailing Motor), and Guangzhou LF Sky Energy Technology Co., Ltd. (LF Sky) (collectively,
Defendants) allege as follows:
THE NATURE OF THE ACTION
1. This is an action for design patent infringement, trade dress infringement, false advertising
unfair competition and related California state law causes of action arising from Defendants unauthorized
use of the trade dress and design patent protected features of d.lights S2, S20 and S300 solar light and
power products (collectively, the d.light Products) in connection with the manufacturing, marketing
promotion, advertising, sale, and/or offer for sale of infringing solar light and power products
(collectively, the Infringing Products). As to the Defendants Qingdao and Power-Solution, this is also
an action for infringement of d.lights common law trademark in the d.light name, which these
Defendants used in connection with advertising and selling their infringing products. d.light has
expended considerable efforts to market, promote and advertise the d.light brand and d.light Products to
consumers throughout the United States and abroad. As a result, the d.light name and d.light Products
have earned widespread recognition and praise, and are widely recognized by consumers as exclusively
referring to d.lights solar light and power products.
2. Defendants are knowingly and willfully manufacturing, marketing, promoting, advertising
offering to sell, selling, and/or importing solar light and power products bearing d.lights trade dress and
patented designs without authorization from d.light. Defendants Qingdao and Power-Solution are
additionally knowingly and willfully marketing, offering to sell and selling these infringing solar light and
power products under the d.light name without authorization from d.light.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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3. Defendants solar light and power products apply d.lights patented product designs such
that an ordinary observer, familiar with the prior art designs, would be deceived into believing that
Defendants products embody d.lights patented designs. Defendants use of d.lights trade dress designs
and, as to Qingdao and Power-Solution, the d.light name, is likely to cause consumer confusion and in
addition constitutes false designation of origin and unfair competition.
4. d.light has suffered irreparable harm as a result of Defendants unlawful conduct, and, in
the absence of a court order enjoining Defendants actions, will continue to suffer such harm.
5. By this lawsuit, d.light seeks to enjoin Defendants from any further unauthorized use of
d.lights design patents, trade dress and trademarks and further false designation or origin, unfair
competition and unfair business practices, and seeks to recover damages, including Defendants profits,
treble damages, reasonable attorneys fees, costs, disbursements and such other and further relief as the
Court deems just and proper against Defendants willful violation of federal and California law.
THE PARTIES
6. d.light design, Inc. is organized and existing under the laws of the state of California, with
its principal place of business at 650 5th Street, Suite 302, San Francisco, CA 94107.
7. d.light design, Ltd. is organized and existing under the laws of Hong Kong, with its
principal place of business at 1209 Hung Hom Commercial Center, Tower B, 37 Ma Tau Wai Road
Hung Hom, Kowloon, Hong Kong.
8. On information and belief, Boxin Solar Co., Ltd. is a corporation organized and existing
under the laws of China, with its principal place of business at No. 4 Industry Street, Baozhu Road, Shax
Town, Zhongshan City, Guangdong Province, China.
9. On information and belief, Qingdao Sunflare New Energy Co. Ltd. is a corporation
organized and existing under the laws of China, with its principal place of business at Room 2304, No. 2
Building, No. 63, Haier Road, Laoshan District, Qingdao City, China.
10. On information and belief, Skone Lighting Co., Ltd. is a corporation organized and
existing under the laws of China, with its principal place of business at No. 32 WeiYi Road, BeiHai
Industrial Zone, BeiHai, Guangxi Province, China, 536000. d.light is informed and believes, and on tha
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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basis alleges, that Skone Lighting is closely related to, or the same as, Beihai Skone, and functions with
Beihai Skone as a single entity (referred to herein as Skone).
11. On information and belief, Beihai City YAST Electric Appliance Co. Ltd. is a corporation
organized and existing under the laws of China, with its principal place of business at No. 206, Complex
Building, Xianggang Road Industrial Zone, Beihai City, China. d.light is informed and believes, and on
that basis alleges, that Beihai Skone is closely related to, or the same as, Skone Lighting, and functions
with Skone Lighting as a single entity (referred to herein as Skone).
12. On information and belief, Cixi Day & Night Group Limited is a Limited Liability
Company organized and existing under the laws of China, with its principal place of business at No. 10,
Hou Hu Jia, Yang Shan Gang Village, Henghe Town, Cixi City, China.
13. On information and belief, Dongguan Superb Solar Co. Ltd. is a corporation organized and
existing under the laws of China, with its principal place of business at 3/F, Section A, No. 5 Building,
Guanghui Industrial Zone, Tongsha Dongcheng Technology Park, Dongcheng District, Dongguan City,
China.
14. On information and belief, Shenzhen Power-Solution Ind. Co., Ltd. is a corporation
organized and existing under the laws of China, with its principal place of business at Room 1302B, C6
Complex Building, Hengfeng Industrial Zone, Hezhou, Xixiang Street, Baoan District, Shenzhen City
China.
15. On information and belief, Sailing Motor Co., Ltd. is a corporation organized and existing
under the laws of China, with its principal place of business at No. 8, Beiwei Industrial Zone, Xihai
Beijiao Town, Shunde District, Foshan City, China. d.light is informed and believes, and on that basis
alleges, that Sailing Motor is closely related to, or the same as, Yinhe Motor, and functions with Yinhe
Motor as a single entity (referred to herein as Yinhe-Sailing Motor).
16. On information and belief, Guangdong Yinhe Motor Group Co. Ltd. is a corporation
organized and existing under the laws of China, with its principal place of business at No. 8, Beiwei
Industrial Zone, Xihai, Beijiao Town, Shunde District, Foshan City, China. d.light is informed and
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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believes, and on that basis alleges, that Yinhe Motor is closely related to, or the same as, Sailing Motor
and functions with Sailing Motor as a single entity (referred to herein as Yinhe-Sailing Motor).
17. On information and belief, Guangzhou LF Sky Energy Technology Co., Ltd. is a
corporation organized and existing under the laws of China, with its principal place of business at No. 2,
Zhuangcun Industry Zone, Shitanxi Road, Baiyun District, Guangzhou, China.
JURISDICTION
18. This is an action for design patent infringement, trade dress and trademark infringement
unfair competition and false designation of origin arising under the Patent Act, 35 U.S.C. 101 et seq.
the Lanham Act 15 U.S.C. 1051et seq., and California Business and Professions Code 17200 et seq
This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. 1121 (action arising
under the Lanham Act); 28 U.S.C. 1331 (federal question); 28 U.S.C. 1338(a) (action arising under
the Patent Act); 28 U.S.C. 1338(b) (action asserting claim of unfair competition joined with a
substantial and related claim under the trademark laws); and 28 U.S.C. 1367 (supplementa
jurisdiction).
19. This Court has personal jurisdiction over Defendants because each Defendant has
committed and continues to commit acts of infringement in violation of 35 U.S.C. 271 and 15 U.S.C.
1125, and transact business in the State of California and in this District. d.lights principal place of
business is in this District and the acts by Defendants cause injury to d.light within this District. Upon
information and belief, Defendants derive revenue from interstate and international commerce, and offer
for sale Infringing Products within this District and/or derive revenue from the sale of Infringing Products
within this District. Alternatively, this Court has personal jurisdiction pursuant to Fed. R. Civ. P. 4(k)(2).
VENUE AND INTRADISTRICT ASSIGNMENT
20. Venue is proper in this District pursuant to 28 U.S.C. 1391 because Defendants transac
business within this District and offer for sale in this District products that infringe d.lights patents, trade
dress and trademark and a substantial part of the events giving rise to this action occurred in this District
In addition, venue is proper because d.lights principal place of business is in this District and d.light has
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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suffered and is suffering harm in this District. Pursuant to Local Rule 3-2(c), Intellectual Property
Actions are assigned on a district-wide basis.
BACKGROUND
21. d.light is a for-profit social enterprise that designs, manufactures and distributes solar ligh
and power products. d.lights co-founders Sam Goldman and Ned Tozun met at Stanford Design School
where they developed their plan to bring safe, bright, and renewable lighting to people around the globe
and developed their initial prototype solar lantern.
22. Since d.lights founding in 2007, d.light estimates that it has provided solar power
solutions to more than 25 million people in more than 40 countries without reliable access to electricity.
d.lights alternative energy solutions enable its customers to upgrade from kerosene lamps to solar light
and power products.
The d.light Products
23. d.lights current line of solar light and power products includes the S2, S20 and S300
products. The S2 solar lantern is a small and affordable study lantern with a built-in solar panel. The S20
Solar Lantern is a versatile, multi-purpose family lantern with a built-in solar panel. The S300 solar
lantern is d.lights premier solar light and solar mobile charger. The S300 comes with a detachable solar
panel and includes four brightness settings and mobile phone charging capabilities. Each of the d.light
Products bears a distinctive product design.
24. The d.light Products have had a dramatic impact on their customers lives. d.light solar
lanterns have provided a lower cost and far safer substitute for kerosene lanterns, which often cost 10 to
25 percent of a familys monthly income to fuel and frequently cause fires and burns. For typica
families, d.light estimates that because of these cost savings, d.light products will pay for themselves in as
little as two months. By a providing a brighter and longer-lasting light source, d.light lanterns have also
improved customers lives in other ways, including enabling students to study longer at home and
families to increase their incomes by sewing, washing, etc. in the evening hours.
25. The d.light Products have earned widespread praise for their high quality and innovative
nature. d.lights extensive marketing and promotional efforts and sales of the d.light Products, in
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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combination with the products excellent quality, have resulted in the products becoming widely
recognized by consumers.
d.lights Intellectual Property Rights
d.lights Design Patents
26. To protect its investments in its innovative product designs, d.light patents the designs of
its solar light and power products. Key among these patents are U.S. Design Patent Nos. D638,571 (the
571 Patent); D687,590 (the 590 Patent); D622,430 (the 430 Patent); D687,591 (the 591
Patent); D567,417 (the 417 Patent); D640,401 (the 401 Patent); D679,243 (the 243 Patent);
D686,979 (the 979 Patent); and D689,817 (the 817 Patent) (collectively, the Patents-in-Suit),
which protect the unique designs of the d.light Products.
27. The 571 Patent, entitled Casing for a Portable Solar Powered Light, properly issued on
May 24, 2011. d.light design, Ltd. is the assignee and owner of the entire right, title and interest in and to
the 571 Patent. A true and correct copy of the 571 Patent is attached as Exhibit A hereto.
28. The 590 Patent, entitled Casing for a Portable Solar Powered Light, properly issued on
August 6, 2013. d.light design, Inc. is the assignee and owner of the entire right, title and interest in and
to the 590 Patent. A true and correct copy of the 590 Patent is attached as Exhibit B hereto.
29. The 430 Patent, entitled Casing for a Light, properly issued on January 6, 2009. d.light
design, Ltd. is the assignee and owner of the entire right, title and interest in and to the 430 Patent. A
true and correct copy of the 430 Patent is attached as Exhibit C hereto.
30. The 591 Patent, entitled Casing for a Portable Solar Light, properly issued on August 6
2013. d.light design, Inc. is the assignee and owner of the entire right, title and interest in and to the 591
Patent. A true and correct copy of the 591 Patent is attached as Exhibit D hereto.
31. The 417 Patent, entitled Casing for a Portable Solar Powered Light, properly issued on
April 22, 2008. d.light design, Inc. is the assignee and owner of the entire right, title and interest in and to
the 417 Patent. A true and correct copy of the 417 Patent is attached as Exhibit E hereto.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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32. The 401 Patent, entitled Portable Solar Powered Light, properly issued on June 21
2011. d.light design, Ltd. is the assignee and owner of the entire right, title and interest in and to the 401
Patent. A true and correct copy of the 401 Patent is attached as Exhibit F hereto.
33. The 243 Patent, entitled Solar Panel Casing, properly issued on April 2, 2013. d.light
design, Inc. is the assignee and owner of the entire right, title and interest in and to the 243 Patent. A true
and correct copy of the 243 Patent is attached as Exhibit G hereto.
34. The 979 Patent, entitled Casing for a Portable Solar Panel, properly issued on July 30
2013. d.light design, Inc. is the assignee and owner of the entire right, title and interest in and to the 979
Patent. A true and correct copy of the 979 Patent is attached as Exhibit H hereto.
35. The 817 Patent, entitled Casing for a Portable Solar Panel, properly issued on
September 17, 2013. d.light design, Inc. is the assignee and owner of the entire right, title and interest in
and to the 817 Patent. A true and correct copy of the 817 Patent is attached as Exhibit I hereto.
36. d.light currently sells a solar light in the United States, namely, the S2, that embodies the
571 and 590 Patents.
37. d.light currently sells a solar light in the United States, namely, the S20, that embodies the
430 and 591 Patents.
38. d.light currently sells a solar light and power product, in the United States, namely, the
S300, that embodies the 417, 401, 243, 979 and 817 Patents.
39. No other manufacturer in the United States or worldwide lawfully uses the Patents-in-Suit.
d.lights Distinctive Product Design Trade Dress
40. Each of the d.light Products is immediately recognizable by its distinctive, non-functiona
trade dress design (collectively, the d.light Trade Dress). The d.light Trade Dress serves as a source-
identifier to alert consumers that a particular solar product came from d.light.
41. The trade dress design of the d.light S2 (the S2 Trade Dress) includes the following
elements, among others, separately and combined: (1) a rounded, flat disc-like body attached at middle to
shiny silver handle or stand; (2) a body composed of a black plastic base with non-glossy finish, with a
round, brightly-colored plastic face with a non-glossy finish fitted over the top, such that black plastic
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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edges are still visible on all sides; (3) an embedded, slightly inset square solar panel centered in the plastic
face; (4) a single rubber button centered below the solar panel in roughly the shape of an isosceles
trapezoid; (5) a rounded bulb centered on the underside of the body (opposite the solar panel), set in
slightly from the edges; (6) black as the dominant color on the underside of the body; (7) a thin, shiny
silver handle or stand that protrudes from the center of each side of the body at an angle, and then curves
on each side form a base that comes together at a V shape; and (8) a rectangular inset containing an
outlet and indicator light, positioned in the center of the side of body, below the button. SeeExhibit J.
42. The trade dress design of the d.light S20 (the S20 Trade Dress) includes the following
elements, among others, separately and combined: (1) an elongated, cylindrical, clear lantern casing; (2) a
brightly-colored plastic top with a glossy finish, slanted at an approximately thirty-five degree angle; (3)
an embedded, slightly inset square solar panel in the center of the plastic top; (4) the joining of the top and
bottom in such a manner that a smooth line is formed all the way around the product, creating an overall
sleek appearance; (5) a button placed below the solar panel; (6) a status indicator light in the back center
of the plastic top; (7) two plastic protrusions (one on each side) in the shape of a ridged, upside-down
U, directly below which the handle is joined to the product; and (8) a thin, shiny silver handle that
protrudes slightly out from rest of product and meets at the bottom with a 90-degree angle on each side
and a notch in the middle with a rounded-off curve. SeeExhibit K.
43. The trade dress design of the d.light S300 (the S300 Trade Dress) includes the following
elements, among others, separately and combined: (1) a body casing with a square front, and sides that
taper inwards toward the back, with the back of the casing forming a rounded handle that curves straight
out; (2) a body casing composed of brightly-colored plastic with a non-glossy finish; (3) a smooth curve
along the outside edge of the handle and a notch in the center of the inside curve of the handle; (4) a top
and bottom in an irregular triangular shape with rounded-off corners; (5) dimensions of approximately 12
centimeters in height, 12 centimeters in width at the widest point of the casing, and 12 centimeters in
depth from the front of the casing to the back of the handle; (6) a clear, square plastic casing for the bulb
centered on the front side that has a flat front and rounded corners; (7) a square-shaped bulb inset slightly
from the plastic bulb casing; (8) a black fabric handle secured to the top of the body that runs from the
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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front of the casing above the bulb to the back of the casing at the top of the plastic handle; (9) a
rectangular inset on the side of the casing to the left of the bulb, containing a USB and other ports and a
power button; (10) a series of three decorative slits angled diagonally, on the rounded corners to the lef
and right of the bulb; (11) two narrow plastic strips on the bottom of the casing running parallel to the
bulb and extending almost to edges, with one strip being positioned closer to the front of the casing and
the other to the back, protruding about .25 centimeters from the surface of the casing; and (12) a
detachable, rectangular solar panel inset slightly in a plastic body casing that is approximately 17
centimeters long, 12.5 centimeters wide, and 1.5 centimeters deep. SeeExhibit L.
44. d.light has invested considerable resources in developing and protecting its unique and
distinctive product designs, including well over $3 million to date developing the designs of the current
S2, S20 and S300 products and the models that proceeded them.
45. Now and at the time that d.light designed the d.light Products, there were many other
design options available for solar light and power products that serve the same functions as the d.light
Products.
46. d.lights highly distinctive trade dress was selected with consumer appeal in mind and is
intended to function as a source-identifier of d.light products. Although the S2, S20 and S300 are each
intended to serve a purpose (i.e., to provide solar-powered lighting), the d.light Trade Dress is not. The
design elements, separately and in combination, that comprise the d.light Trade Dress are not functional
and do not further the usefulness of the d.light Products.
47. Although d.lights current line of products (namely, the S2, S20, and S300) launched in
2012, d.light has made consistent use the d.light Trade Dress for much longer, having used the same trade
dress, without meaningful change, since the launch of the first generation of each product. In particular
d.light has consistently used the S2 Trade Dress since the first generation of the product launched in 2011
and has consistently used the S20 and S300 Trade Dress since the first generations of those products
launched in 2009 and 2008, respectively. Through this consistent use, the d.light Trade Dress has become
exclusively associated with the d.light Products.
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48. No other manufacturer in the United States or worldwide lawfully uses the d.light Trade
Dress.
d.lights Trademarked Name
49. In addition to d.lights intellectual property rights in the designs of its products, d.ligh
owns a common law trademark in the d.light name used in connection with solar light and power
products.
50. d.light has consistently marketed and sold solar light and power products under the
common law d.light mark since the companys founding in 2007. d.light selected this particular name
because of its inherent distinctiveness and its suggestive nature in connection with the products d.light
offers. To further distinguish itself from other brands of lighting or solar powered products, d.light has
consistently formatted the d.light mark in all lowercase letters.
51. The d.light mark has also become well-known among consumers of solar light and
power products as a result of d.lights consistent use and promotion of the mark for more than 5 years
The d.light mark has accumulated significant goodwill during that time, and d.lights extensive
marketing and widespread product sales under the mark have resulted in the mark gaining substantial
notoriety among consumers of solar light and power products. Consumers have come to associate the
d.light mark with the high quality solar light and power products provided by d.light.
The Market for Solar Lighting and Power Products
52. The market for portable and home-use solar lighting and power products, like the
technology itself, is relatively new. As a result, consumers in both the United States and abroad are
necessarily inexperienced purchasers of these products, and are therefore less likely to register subtle
differences between a d.light solar product and a similar looking competing solar product. The fact that
d.lights Trade Dress has become highly recognized by consumers only worsens this problem, as
consumers will immediately associate Defendants Infringing Products with the high quality d.light
Products.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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53. Because the market for home-use solar lighting and power products is so new, low-quality
products that look and feel like high-quality branded products may have very damaging effects on overal
consumer demand, resulting in slower up-take of the technology and reduced social impact.
54. These issues are exacerbated even further in sales to United States consumers, who tend to
purchase d.light Products online and for recreational and/or occasional uses only, and for whom the
products are relatively inexpensive, ranging from about $13 to $50. Online shoppers buying solar light
and power products have little opportunity to meaningfully scrutinize product features or compare
features between products. Instead, purchasers are likely to register the overall look of the product, bu
few details beyond that. And, because of the low-stakes nature of the purchasing decision, United States
consumers are likely to exercise even less care in purchasing.
55. As a result of the foregoing, d.lights ability to distinguish its products through quality and
product design is critical to d.lights success.
d.lights Marketing, Promotion and Sale of the d.light Products
56. With these concerns about the market in mind, d.light has made significant investments in
research, development, design, branding, and marketing of the d.light Products.
57. In addition to the $3 million spent to date on developing the d.light Products designs
d.light has invested approximately $40,000 more in obtaining design patents to protect them.
58. d.light has marketed and sold solar light and power products under the d.light mark since
2007. In that time, d.light has provided solar power solutions to more than 25 million people withou
reliable access to electricity. Genuine d.light Products are sold throughout the United States, including
California, and in approximately 40 countries worldwide. In the United States and worldwide, d.ligh
maintains quality control standards for all d.light Products.
59. d.light has widely promoted, sold and offered for sale products bearing the S2, S20 and
S300 Trade Dress since the first generation of each product launched, in 2011, 2009 and 2008
respectively. The d.light mark and d.light Products are further promoted by d.lights authorized sellers
and distributors, in accordance with strict quality and branding standards set by d.light.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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60. d.lights investments in advertising and promoting the d.light brand and d.light Products
have been significant. By the end of d.lights current fiscal year, it expects to have spent approximately
$2.5 million in marketing and advertising expenses in this year alone, and has budgeted even more money
to marketing next year. To reinforce consumer recognition of the d.light Products and familiarity with the
d.light brand, d.lights advertisements feature and call attention to the unique product designs and trade
dress of the d.light Products and prominently and repetitively use the d.light name. The d.light brand
and d.light Products are advertised at trade shows, through direct mail campaigns, online on d.lights
website (www.dlightdesign.com) and social media pages, in radio advertisements, and through other
marketing and advertising ventures.
61. The majority of d.light Products are sold through a worldwide network of authorized
distributors and retailers, including online retailers, who in turn sell to end customers. Potentia
distributors and retailers are thoroughly researched by d.light before selection, to ensure they are capable
of reaching the rural, off-grid customers in d.lights target market and for quality control purposes. In the
United States, the majority of sales are made online through Amazon.com.
62. These authorized distributors and retailers also promote the d.light brand name and d.ligh
Products. To keep control over its brand message when these authorized distributors and retailers are
promoting the d.light brand and d.light Products, d.light maintains the d.light Partners Page, an online
resource available to authorized d.light distributors and retailers that describes branding standards to be
maintained and includes marketing and promotional materials to be used in advertising, promoting, and
selling the d.light Products. For example, the Partners Page includes a highly detailed Brand Identity
Manual that provides standards to be maintained when promoting the d.light brand. In addition, the
Partners Page includes a Photography section containing high resolution photographs of the d.light
Products in various settings and poses, to be used in promotions and advertisements by authorized d.light
sellers and distributors. d.light takes these actions to ensure that promotions and advertisements by its
authorized partners highlight the unique designs and trade dress of the d.light Products while maintaining
a uniform brand message and commercial impression of the d.light Products.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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63. d.lights high-quality, innovative products and its humanitarian goal have attracted both
accolades and media attention. In 2011, one of d.lights founders, Ned Tozun, was named byForbes as
one of the world's top 30 social entrepreneurs and was a finalist for BusinessWeeks Most Promising
American Social Entrepreneurs. In 2013, d.light received international recognition from Bloomberg
Energy as an Energy Pioneer, in addition to receiving the Zayed Future Energy Prize, the worlds
largest annual award in the renewable and sustainable energy sector. In addition, d.light and the d.ligh
Products have been featured in a variety of print and online publications, including The New York Times
The San Francisco Chronicle, The Economist, Time, and Forbes, as well as on the Colbert Report and
BBC News. d.lights flagship product, the S200 solar lantern and mobile charger (an earlier model of
the current S300), was featured in the BBC series A History of the World in 100 Objects as the 100th
object. As a result of this exposure, the d.light brand and the d.light Products have become instantly
recognizable by their unique designs, which consumers associate with the safety, durability, and superior
quality of products that d.light provides.
64. d.lights efforts in creating and promoting its brand and its high quality, distinctively-
designed products have been well worth the effort. Since its founding in 2007, d.light has sold more than
$60 million worth of products worldwide and has achieved a dominant market share for solar light and
power products in key foreign markets. d.light has steadily been growing its business in the United States
market as well, receiving almost $900,000 of revenues from product sales in the United States since
January 1, 2012, and expects to continue to grow in the future through more widespread distribution of
the d.light Products. With these plans on the horizon, maintaining a positive and consistent brand image
is extremely critical for d.light at this time.
65. As a result of these promotional efforts, widespread press, and sales of the d.light Products
the d.light name and the d.light Trade Dress have become instantly recognizable to consumers and
purchasers in the market for solar lighting and power goods as indicating a product that originates from
d.light. Consumers associate the d.light Trade Dress with the safety, durability, and superior quality of
products that d.light provides, and the d.light Trade Dress has come to symbolize the goodwill of d.lights
Products throughout the world.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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Defendants Unlawful Conduct
66. Upon information and belief, infringement of d.lights patented designs and trade dress
began with copying of the d.light Products by Boxin. Ned Tozun, one of d.lights founders, met with
Boxin in 2008 in Shenzhen, China to evaluate them as a potential supplier of solar panels for d.light.
d.light decided not to work with them. Much later, d.light discovered that Boxin was producing a knock-
off of the product that d.light had showed to them in the 2008 meeting.
67. Upon information and belief, after Boxin launched its first Infringing Product, others
followed suit. In particular, d.light has since learned that Qingdao, Skone, Day & Night, Superb Solar
Power-Solution, Yinhe-Sailing Motor, and LF Sky make, use, sell, offer to sell, import, have made, used,
sold, offered to sell and/or imported products into the United States that infringe the Patents-in-Suit and
the d.light Trade Dress.
68. As part of its investigation into the Defendants sales of Infringing Products, d.ligh
retained Vaudra, Ltd., a licensed private investigation firm, to investigate the full scale of Defendants
infringement and to determine Defendants payee data for receipt of funds paid for sale of the Infringing
Products.
69. In the course of its investigation, Vaudra contacted each Defendant through its website or
one of its selling pages (as described in more detail below) and thereafter transacted business with them
entirely via email. In each instance, all communication was in English. Vaudra purchased a total of
twenty-three (23) units of Infringing Products in eight (8) separate purchases, purchasing at least one
product from each of the Defendants in this action (except that only one purchase was made from the
Skone Defendants and Yinhe-Sailing Motor Defendants, respectively). Each purchase was made in U.S
dollars, and paid for using PayPal, a major credit card, or bank transfer, and was ordered to ship to an
address in San Francisco, CA. Vaudra has since received all twenty-three (23) units of Infringing
Products at its address in San Francisco, and thereafter provided these products to d.light. Photographs of
the products received from each Defendant are attached hereto as Exhibits M T.
70. Thus, d.light is informed and believes, and on that basis alleges, that Defendants are
manufacturing, advertising, promoting, importing, offering for sale or selling in the United States solar
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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light and power products, including but not limited to, the Boxin BX-R02, BX-H21 and BX-H09-3
models, the Qingdao SF-1 and SF-202 models, the Skone Solar Lantern Model-A and Solar Panel 5.5V-
2W models, the Day & Night DN807 model, the Superb Solar .5W Solar Lantern model, the Power-
Solution PS-L058 and PS-L044N models, the Yinhe-Sailing Motor PS-L058, PS-L045 and PS-L044
models, and the LF Sky LF-X007, LF-007A and LF-X005 models, that apply the designs and/or colorable
imitations of the designs covered by d.lights Patents-in-Suit and/or that are confusingly similar to
d.lights Trade Dress without authorization from d.light.
71. Defendants Infringing Products apply product designs that an ordinary observer, familiar
with prior art designs, would be deceived into believing are the same as the Patents-in-Suit. The side-by-
side comparison charts in Exhibits U CC demonstrate Defendants infringement by comparing images
of the Infringing Products with d.lights design patents.
72. Defendants Infringing Products apply product designs that are so similar to, or the same
as, the d.light Trade Dress that the Infringing Products are likely to cause confusion, or to cause mistake
or to deceive the consumer as to the affiliation, connection or association of the Defendants with d.light
or as to the origin, sponsorship, or approval by d.light of Defendants goods, services or commercial
activities.
73. In addition, at least two of the Defendants (namely, Qingdao and Power-Solution) have
also made unauthorized and infringing use of d.lights trademarked name in connection with their
marketing and sale of Infringing Products.
74. Defendants do not have, nor have they ever had, any right or authority to sell products tha
utilize the designs of the Patents-in-Suit, the d.light Trade Dress, or the d.light name.
75. On information and belief, the Infringing Products are sold in direct competition with, and
through the same channels as, genuine d.light Products, and are sold at a lower price than d.light Products
In particular, Defendants sell solar light and power products for home use and for the same intended
functions as the d.light Products. The d.light Products and Infringing Products are sold in many of the
same geographic markets, through the same or similar channels of distribution, to the same customers,
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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and for close to the same price. Like d.lights products, the Infringing Products are available online and
in retail outlets.
Defendants Infringing Websites and Infringing Selling Pages
76. On information and belief, Defendants have sold and are selling Infringing Products
through their individual websites (collectively, the Infringing Websites) and through selling pages
(collectively, the Infringing Selling Pages) on third party business-to-business and business-to
consumer ecommerce platforms.
77. Some of the Infringing Websites are modest in appearance and simply offer Defendants
an opportunity to create a faade of legitimacy with an online presence. Other Infringing Websites appear
more professional, offering visitors a larger selection of products and a more polished user interface
These Infringing Websites are generally designed to appear to unknowing consumers to be legitimate
sources of genuine d.light Products.
78. All of the Infringing Websites are either solely in English or have an English-language
option. Many of the Defendants, on their websites or in correspondence with Vaudra investigators, have
also provided quotation sheets for the Infringing Products, which included specifics such as the Infringing
Products' dimensions, production capacity, and volume-based price per unit. All of these details are
available in English, with pricing in U.S. dollars.
79. All of the Infringing Websites welcome orders from the United States, and offer to ship the
Infringing Products to any U.S. address, including anywhere in California. In addition, all of the
Infringing Websites accept payment through PayPal, major credit cards or bank transfer.
80. On information and belief, Defendants also have sold and are selling Infringing Products
through selling pages (collectively, the Infringing Selling Pages) on third party business-to-business and
business-to-consumer ecommerce platforms.
81. On information and belief, Defendants actively market and sell Infringing Products
through the Infringing Selling Pages to enable them to sell Infringing Products all over the world, and
especially to the United States. Many Defendants selling pages describe the United States (or North
America) as a primary market.
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82. The Infringing Selling Pages for the various Infringing Products frequently advertise
Defendants supply ability in quantities upwards of 10,000 units per month. On information and belief
this ability speaks to the potential volume of Infringing Products that the Defendants have available
and/or are able to manufacture on a monthly basis.
83. On information and belief, Defendant Boxin sells knockoff d.light Products (collectively
Boxin Infringing Products) (seeExhibit M) on its website, www.zsboxin.cn,and has an online presence
on various trade boards and/or ecommerce selling platforms, including http://chinasky.com/co/50103
http://tradekey.com/company/Boxin-solar-co-ltd-2984831.html; and http://boxinsolar.en.made-in-
china.com/.
84. On information and belief, Defendant Qingdao also sells knockoff d.light Products
(collectively, Qingdao Infringing Products) (see Exhibit N) on its website, www.sunflare-solar.com
and has an online presence on various trade boards and ecommerce selling platforms, including
http://tradekey.com/company/Qingdao-Sunflare-New-Energy-Co-Ltd-5819367.html;
http://sunflare.en.Alibaba.com; and http://sunflare.manufacturer.GlobalSources/com/si/6008832915121/
Homepage.htm.
85. On information and belief, Defendants Skone Lighting and Beihai Skone are related
entities that sell knockoff d.light Products (collectively, Skone Infringing Products) (seeExhibit O) on
their websites www.skonesolar.com and www.12vtech.net, and have an online presence on various trade
boards and/or ecommerce selling platforms, including http://www.tradekey.com/company/Skone-Electric
Appliance-Co-Ltd-347793.html.
86. On information and belief, Defendant Day & Night sells knockoff d.light Products
(collectively, Day & Night Infringing Products) (see Exhibit P) on its website, www.cndaynight.com
and has an online presence on various trade boards and/or ecommerce selling platforms, including
http://cndaynight.en.alibaba.com/company_profile.html#top-nav-bar.
87. On information and belief, Defendant Superb Solar sells knockoff d.light Products
(collectively, Superb Solar Infringing Products) (see Exhibit Q) on its websites, www.sowosolar.com
and www.superb-solar.com, and has an online presence on various trade boards and/or ecommerce selling
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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platforms, including http://superb-solar.en.made-in-china.com/company-Dongguan-Superb-Solar-Co-Ltd
.html.
88. On information and belief, Defendant Power-Solution sells knockoff d.light Products
(collectively, Power-Solution Infringing Products) (see Exhibit R) on its website, http://www.power-
solution.net.cn, and has an online presence on other various trade boards and/or ecommerce selling
platforms, including http://power-solution.en.alibaba.com/company_profile.html#top-nav-bar.
89. On information and belief, Defendants Sailing Motor and Yinhe Motor are related entities
that sell knockoff d.light Products (collectively, Yinhe-Sailing Motor Infringing Products) (seeExhibit
S) on their website www.sailingmotor.com, and have an online presence on various trade boards and/or
ecommerce selling platforms, including http://www.made-in-china.com/showroom/sailingmotor.
90. Last, on information and belief, Defendant LF Sky sells d.light Products (collectively, LF
Sky Infringing Products) (see Exhibit T) on its website, http://www.lfskysolar.com, and has an online
presence on various trade boards and/or ecommerce selling platforms, including
http://www.diytrade.com/china/pd/11774816/1_pcs_High_brightness_LED_with_Multi_
position_solar_lamp.html.
91. Defendants Infringement of the Patents-in-Suit, d.light Trade Dress and the d.light
Trademark Is Intentional
92. None of the Defendants are authorized manufacturers, distributors, or sellers of d.light
Products.
93. On information and belief, all of the Defendants are aware of and familiar with the d.ligh
Products. On information and belief, at least some of the Defendants have, without any authorization or
basis for doing so, claimed associations with d.light or the d.light Products. In correspondence with
d.lights investigators, Superb Solar has claimed that it once was a manufacturer of genuine d.light
Products and Yinhe-Sailing Motor has claimed it is able to supply the same models as d.light.
94. On information and belief, Defendants, like d.light, had a nearly-endless variety of design
options to choose from in designing solar light and power products that serve the same ultimate functions
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as the S2, S20 and S300, respectively. Defendants could have easily designed competing products
without infringing d.lights intellectual property rights, just as other legitimate competitors have done.
95. On information and belief, the only possible explanation for the incredibly similarity
between the d.light Trade Dress and patented designs with the trade dress and designs of the Infringing
Products is that the Defendants are attempting to unlawfully profit from d.lights hard-earned goodwill
and positive reputation. The Defendants copying of nearly every feature of every product in the d.ligh
line could only indicate their intent to infringe d.lights trade dress and confuse consumers into
purchasing their products instead of d.lights.
96. On information and belief, at least two Defendants, namely, Power-Solution and Qingdao
have and are actually advertising their products as d.light products on their respective selling pages
including by using both the d.light name and d.light Products model numbers. Examples of Power-
Solution and Qingdao advertising their products for sale under the d.light name are attached hereto as
Exhibits DD and EE. On information and belief, the only possible explanation for the use of d.lights
trademarked name and the d.light Products model numbers is that the Defendants Qingdao and Power-
Solution are attempting to unlawfully profit from d.lights hard-earned goodwill and positive reputation.
d.light Has Suffered Substantial Damages and Irreparable Harm as a Result of Defendants
Unlawful Conduct
97. On information and belief, Defendants importation, advertising, marketing
manufacturing, distribution, sale and offer for sale of the Infringing Products is likely to cause and has
caused confusion, mistake, and deception by and among consumers and is incredibly damaging to
d.lights finances, its reputation and goodwill, and it rightful market share. Without the relief requested in
this action, Defendants illegal activities will continue unabated and d.light will continue to suffer harm.
98. On information and belief, because the market for the solar light and power products is
finite, every sale of the Infringing Products made by Defendants results in a direct loss to d.light. As
Defendants online market for selling the Infringing Products increases, d.lights shrinks.
99. On information and belief, the lower price of Defendants products motivates distributors
retailers, and consumers to purchase the Defendants Infringing Products instead of the higher-priced
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d.light Products. In the long term, d.light may be forced to lower its prices in order to compete. Lower
prices would have a significant effect on d.lights business model, since d.lights Products are already
priced very low relative to their quality.
100. Some of d.lights distributors have begun to carry the Infringing Products in addition to
the genuine d.light Products. In one instance, a distributor stopped carrying genuine d.light Products
altogether and began carrying a Defendants infringing products instead.
101. d.light is in no way associated with the manufacture or sale of the Infringing Products
d.light did not inspect, package or approve the Infringing Products prior to their sale or distribution
Defendants are in no way authorized to sell the Infringing Products.
102. On information and belief, the Infringing Products are so similar in appearance to genuine
d.light Products that is likely customers and consumers generally will be deceived, at least initially, into
believing the Infringing Products are authentic d.light Products.
103. The d.light brand is vital to d.lights business, as it represents the entire value of the
company. d.light suffers irreparable harm to its goodwill, as well as direct monetary loss, any time third
parties, including Defendants, sell low quality goods made to resemble the d.light Products.
104. On information and belief, while the Infringing Products are designed to look like genuine
d.light Products, they are of lower quality than the genuine d.light Products. Because consumers are
likely to be confused between genuine d.light Products and the Defendants Infringing Products, the lower
quality of Defendants products has caused and will continue to cause damage to d.lights goodwill and
reputation. Further, because the consumer market for this technology is so new, Defendants sale of
intentionally similar, inferior products is likely to create the impression that solar light and power
products of this design simply do not last, hurting the overall demand for the d.light Products.
105. d.light has plans to significantly expand its product line offering in the coming years
including by upgrading its current product line and launching several new solar lighting and power
products. Currently, the Defendants collectively, and some Defendants individually, have copied the
entire line of d.light Products.
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106. On information and belief, based on the Defendants past behavior, absent the Courts
intervention, Defendants will produce infringing versions of those new products as well. If that occurs
d.light will suffer harm at an even greater scale than it is currently.
107. d.light is also in the process of building its retail distribution in both the United States and
abroad. On information and belief, should Defendants follow suit, this increases the chances that the
Infringing Products and genuine d.light Products will be sold side-by-side.
108. On information and belief, Plaintiffs have been, and continue to be irreparably harmed by
Defendants infringement of the d.light Trade Dress and design patents. In particular, Defendants
conduct has irreparably harmed and will continue to irreparably harm d.light because Defendants actions
have caused and will continue to cause Plaintiffs to suffer loss of market share and access to customers,
strained business relationships with third parties, price erosion and loss of goodwill and reputation
d.light lacks an adequate remedy at law to compensate for the harm that it has suffered, and, absent the
requested preliminary relief, Plaintiffs will continue to be harmed by Defendants illegal activities.
109. On information and belief, Defendants infringing acts severely undermine d.lights
significant investment in the designs of the Patents-in-Suit and the d.light Trade Dress, to d.lights
detriment.
110. d.light brings this action seeking damages and injunctive relief to remedy the harm it has
suffered and continues to suffer as a result of Defendants infringing acts.
FIRST CLAIM FOR RELIEF
(Design Patent Infringement by Boxin)
111. d.light repeats and realleges paragraphs 1-110 as if fully set forth herein.
112. On information and belief, Boxin has infringed and continues to infringe one or more of
the Patents-in-Suit by using, selling and/or offering to sell, in the United States and/or importing into the
United States, one or more of the Boxin products identified in this Complaint. Boxins infringing
activities violate 35 U.S.C. 271. Specifically, the Boxin BX-R02 infringes at least the 571 and 590
Patents; the Boxin BX-H21 infringes at least the 430 and 591 Patents; the Boxin BX-H09-3 infringes at
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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least the 417 and 401 Patents; and the Boxin solar panel attachment to the BX-H09-3 infringes at least
the 243, 979, and 817 Patents.
113. The Boxin BX-R02 infringes the 571 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-7 of the 571 Patent. The Boxin BX-R02 includes
substantially the same design for the lantern casing shown and claimed by the 571 Patent.
114. The Boxin BX-R02 infringes the 590 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-7 of the 590 Patent. The Boxin BX-R02 includes
substantially the same design for the lantern casing shown and claimed by the 590 Patent.
115. The Boxin BX-H21 infringes the 430 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-6 of the 430 Patent. The Boxin BX-H21 includes
substantially the same design for the lantern casing shown and claimed by the 430 Patent.
116. The Boxin BX-H21 infringes the 591 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-7 of the 591 Patent. The Boxin BX-H21 includes
substantially the same design for the lantern casing shown and claimed by the 591 Patent.
117. The Boxin BX-H09-3 infringes the 417 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-8 of the 417 Patent. The Boxin BX-H09-3 includes
substantially the same design for the lantern casing shown and claimed by the 417 Patent.
118. The Boxin BX-H09-3 infringes the 401 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-8 of the 401 Patent. The Boxin BX-H09-3 includes
substantially the same design for the lantern casing shown and claimed by the 401 Patent.
119. The Boxin solar panel attachment to the BX-H09-3 infringes the 243 Patent because it
includes substantially the same design elements as claimed and shown in Figures 1-6 of the 243 Patent.
The Boxin solar panel attachment to the BX-H09-3 includes substantially the same design for the solar
panel casing shown and claimed by the 243 Patent.
120. The Boxin solar panel attachment to the BX-H09-3 infringes the 979 Patent because it
includes substantially the same design elements as claimed and shown in Figures 1-6 of the 979 Patent.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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The Boxin solar panel attachment to the BX-H09-3 includes substantially the same design for the solar
panel casing shown and claimed by the 979 Patent.
121. The Boxin solar panel attachment to the BX-H09-3 infringes the 817 Patent because it
includes substantially the same design elements as claimed and shown in Figures 1-6 of the 817 Patent.
The Boxin solar panel attachment to the BX-H09-3 includes substantially the same design for the solar
panel casing shown and claimed by the 817 Patent.
122. Through the conduct alleged above, Boxin has caused and will continue to cause d.light to
suffer damages, which in no event are less than a reasonable royalty, and which include, but are not
limited to, lost sales and sales opportunities. Boxin has also irreparably harmed d.light. Unless and unti
Boxin is enjoined by this Court from further infringement, d.light will continue to suffer damages and
irreparable injury for which it has no adequate remedy at law.
123. On information and belief, Boxins infringement was done with knowledge of d.lights
rights, and Boxins infringement of the Patents-in-Suit was therefore willful, entitling d.light to a recovery
of treble damages, attorneys fees, costs and expenses.
SECOND CLAIM FOR RELIEF
(Design Patent Infringement by Qingdao)
124. d.light repeats and realleges paragraphs 1-123 as if fully set forth herein.125. On information and belief, Qingdao has infringed and continues to infringe one or more of
the Patents-in-Suit by using, selling and/or offering to sell, in the United States and/or importing into the
United States, one or more of the Qingdao products identified in this Complaint. Qingdaos infringing
activities violate 35 U.S.C. 271. Specifically, the Qingdao SF-1 infringes at least the 430 and 591
Patents; the Qingdao SF-202 infringes at least the 417 and 401 Patents; and the Qingdao solar panel
attachment to the SF-202 infringes at least the 243, 979, and 817 Patents.
126. The Qingdao SF-1 infringes the 430 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-6 of the 430 Patent. The Qingdao SF-1 includes
substantially the same design for the lantern casing shown and claimed by the 430 Patent.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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127. The Qingdao SF-1 infringes the 591 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-7 of the 591 Patent. The Qingdao SF-1 includes
substantially the same design for the lantern casing shown and claimed by the 591 Patent.
128. The Qingdao SF-202 infringes the 417 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-8 of the 417 Patent. The Qingdao SF-202 includes
substantially the same design for the lantern casing shown and claimed by the 417 Patent.
129. The Qingdao SF-202 infringes the 401 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-8 of the 401 Patent. The Qingdao SF-202 includes
substantially the same design for the lantern casing shown and claimed by the 401 Patent.
130. The Qingdao solar panel attachment to the SF-202 infringes the 243 Patent because i
includes substantially the same design elements as claimed and shown in Figures 1-6 of the 243 Patent.
The Qingdao solar panel attachment to the SF-202 includes substantially the same design for the solar
panel casing shown and claimed by the 243 Patent.
131. The Qingdao solar panel attachment to the SF-202 infringes the 979 Patent because i
includes substantially the same design elements as claimed and shown in Figures 1-6 of the 979 Patent.
The Qingdao solar panel attachment to the SF-202 includes substantially the same design for the solar
panel casing shown and claimed by the 979 Patent.
132. The Qingdao solar panel attachment to the SF-202 infringes the 817 Patent because i
includes substantially the same design elements as claimed and shown in Figures 1-6 of the 817 Patent.
The Qingdao solar panel attachment to the SF-202 includes substantially the same design for the solar
panel casing shown and claimed by the 817 Patent.
133. Through the conduct alleged above, Qingdao has caused and will continue to cause d.light
to suffer damages, which in no event are less than a reasonable royalty, and which include, but are not
limited to, lost sales and sales opportunities. Qingdao has also irreparably harmed d.light. Unless and
until Qingdao is enjoined by this Court from further infringement, d.light will continue to suffer damages
and irreparable injury for which it has no adequate remedy at law.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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134. On information and belief, Qingdaos infringement was done with knowledge of d.lights
rights, and Qingdaos infringement of the Patents-in-Suit was therefore willful, entitling d.light to a
recovery of treble damages, attorneys fees, costs and expenses.
THIRD CLAIM FOR RELIEF(Design Patent Infringement by Skone)
135. d.light repeats and realleges paragraphs 1-134 as if fully set forth herein.
136. On information and belief, Skone has infringed and continues to infringe one or more o
the Patents-in-Suit by using, selling and/or offering to sell, in the United States and/or importing into the
United States, one or more of the Skone products identified in this Complaint. Skones infringing
activities violate 35 U.S.C. 271. Specifically, the Solar Lantern Model-A infringes at least the 417 and
401 Patents and the Skone Solar Panel 5.5V-2W attachment to the Solar Lantern Model-A infringes at
least the 243, 979, and 817 Patents.
137. The Solar Lantern Model-A infringes the 417 Patent because it includes substantially the
same design elements as claimed and shown in Figures 1-8 of the 417 Patent. The Solar Lantern Model-
A includes substantially the same design for the lantern casing shown and claimed by the 417 Patent.
138. The Solar Lantern Model-A infringes the 401 Patent because it includes substantially the
same design elements as claimed and shown in Figures 1-8 of the 401 Patent. The Solar Lantern Model-A includes substantially the same design for the lantern casing shown and claimed by the 401 Patent.
139. The Skone Solar Panel 5.5V-2W attachment to the Solar Lantern Model-A infringes the
243 Patent because it includes substantially the same design elements as claimed and shown in Figures 1-
6 of the 243 Patent. The Skone Solar Panel 5.5V-2W attachment to the Solar Lantern Model-A includes
substantially the same design for the solar panel casing shown and claimed by the 243 Patent.
140. The Skone Solar Panel 5.5V-2W attachment to the Solar Lantern Model-A infringes the
979 Patent because it includes substantially the same design elements as claimed and shown in Figures 1-
6 of the 979 Patent. The Skone Solar Panel 5.5V-2W attachment to the Solar Lantern Model-A includes
substantially the same design for the solar panel casing shown and claimed by the 979 Patent.
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D.LIGHT DESIGN, INC. AND D.LIGHT DESIGN, LTD. VERIFIED COMPLAINT FOR PATENT INFRINGEMENT,TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION; DEMAND FOR
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141. The Skone Solar Panel 5.5V-2W attachment to the Solar Lantern Model-A infringes the
817 Patent because it includes substantially the same design elements as claimed and shown in Figures 1-
6 of the 817 Patent. The Skone Solar Panel 5.5V-2W attachment to the Solar Lantern Model-A includes
substantially the same design for the solar panel casing shown and claimed by the 817 Patent.
142. Through the conduct alleged above, Skone has caused and will continue to cause d.light to
suffer damages, which in no event are less than a reasonable royalty, and which include, but are not
limited to, lost sales and sales opportunities. Skone has also irreparably harmed d.light. Unless and unti
Skone is enjoined by this Court from further infringement, d.light will continue to suffer damages and
irreparable injury for which it has no adequate remedy at law.
143. On information and belief, Skones infringement was done with knowledge of d.lights
rights, and Skones infringement of the Patents-in-Suit was therefore willful, entitling d.light to a recovery
of treble damages, attorneys fees, costs and expenses.
FOURTH CLAIM FOR RELIEF
(Design Patent Infringement by Day & Night)
144. d.light repeats and realleges paragraphs 1-143 as if fully set forth herein.
145. On information and belief, Day & Night has infringed and continues to infringe one or
more of the Patents-in-Suit by using, selling and/or offering to sell, in the United States and/or importinginto the United States, one or more of the Day & Night products identified in this Complaint. Day &
Nights infringing activities violate 35 U.S.C. 271. Specifically, the DN807 infringes at least the 417
and 401 Patents and the Day & Night solar panel attachment to the DN807 infringes at least the 243
979, and 817 Patents.
146. The DN807 infringes the 417 Patent because it includes substantially the same design
elements as claimed and shown in Figures 1-8 of the 417 Patent. The DN807 includes substantially the
same design for the lantern casing shown and claimed by the 417 Patent.
147. The DN807 infringes the 401 Patent because it includes substantially the same design
elements as claimed and shown in Figures 1-8 of the 401 Patent. The DN807 includes substantially the
same design for the lantern casing shown and claimed by the 401 Patent.
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148. The Day & Night solar panel attachment to the DN807 infringes the 243 Patent because i
includes substantially the same design elements as claimed and shown in Figures 1-6 of the 243 Patent.
The Day & Night solar panel attachment to the DN807 includes substantially the same design for the solar
panel casing shown and claimed by the 243 Patent.
149. The Day & Night solar panel attachment to the DN807 infringes the 979 Patent because i
includes substantially the same design elements as claimed and shown in Figures 1-6 of the 979 Patent.
The Day & Night solar panel attachment to the DN807 includes substantially the same design for the solar
panel casing shown and claimed by the 979 Patent.
150. The Day & Night solar panel attachment to the DN807 infringes the 817 Patent because i
includes substantially the same design elements as claimed and shown in Figures 1-6 of the 817 Patent.
The Day & Night solar panel attachment to the DN807 includes substantially the same design for the solar
panel casing shown and claimed by the 817 Patent.
151. Through the conduct alleged above, Day & Night has caused and will continue to cause
d.light to suffer damages, which in no event are less than a reasonable royalty, and which include, but are
not limited to, lost sales and sales opportunities. Day & Night has also irreparably harmed d.light. Unless
and until Day & Night is enjoined by this Court from further infringement, d.light will continue to suffer
damages and irreparable injury for which it has no adequate remedy at law.
152. On information and belief, Day & Nights infringement was done with knowledge of
d.lights rights, and Day & Nights infringement of the Patents-in-Suit was therefore willful, entitling
d.light to a recovery of treble damages, attorneys fees, costs and expenses.
FIFTH CLAIM FOR RELIEF
(Design Patent Infringement by Superb Solar)
153. d.light repeats and realleges paragraphs 1-152 as if fully set forth herein.
154. On information and belief, Superb Solar has infringed and continues to infringe one or
more of the Patents-in-Suit by using, selling and/or offering to sell, in the United States and/or importing
into the United States, one or more of the Superb Solar products identified in this Complaint. Superb
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Solars infringing activities violate 35 U.S.C. 271. Specifically, the .5W Solar Lantern infringes at least
the 430 and 591 Patents.
155. The .5W Solar Lantern infringes the 430 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-6 of the 430 Patent. The .5W Solar Lantern includes
substantially the same design for the lantern casing shown and claimed by the 430 Patent.
156. The .5W Solar Lantern infringes the 591 Patent because it includes substantially the same
design elements as claimed and shown in Figures 1-7 of the 591 Patent. The .5W Solar Lantern includes
substantially the same design for the lantern casing shown and claimed by the 591 Patent.
157. Through the conduct alleged above, Superb Solar has caused and will continue to cause
d.light to suffer damages, which in no event are less than a reasonable royalty, and which include, but are
not limited to, lost sales and sales opportunities. Superb Solar has also irreparably harmed d.light. Unless
and until Superb Solar is enjoined by this Court from further infringement, d.light will continue to suffer
damages and irreparable injury for which it has no adequate remedy at law.
158. On information and belief, Superb Solars infringement was done with knowledge of
d.lights rights, and Superb Solars infringement of the Patents-in-Suit was therefore willful, entitling
d.light to a recovery of treble damages, attorneys fees, costs and expenses.
SIXTH CLAIM FOR RELIEF(Design Patent Infringement by Power-Solution)
159. d.light repeats and realleges paragraphs 1-158 as if fully set forth herein.
160. On information and belief, Power-Solution has infringed and continues to infringe one or
more of the Patents-in-Suit by using, selling and/or offering to sell, in the United States and/or importing
into the United States, one or more of the Power-Solution products identified in this Complaint. Power-
Solutions infringing activities violate 35 U.S.C. 271. Specifically, the PS-L058 infringes at least the
571 and 590 Patents; the PS-L044N infringes at least the 417 and 401 Patents; and the Power-Solution
solar panel attachment to the PS-L044N infringes at least the 243, 979, and 817 Patents.
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161. The PS-L058 infringes the 571 Patent because it includes substantially the same design
elements as claimed and shown in Figures 1-7 of the 571 Patent. The PS-L058 includes substantially the
same design for the lantern casing shown and claimed by the 571 Patent.
162. The PS-L058 infringes the 590 Patent because it includes substantially the same design
elements as claimed and shown in Figures 1-7 of the 590 Patent. The PS-L058 includes substantially the
same design for the lantern casing shown and claimed by the 590 Patent.
163. The PS-L044N infringes the 417 Patent because it includes substantially the same design
elements as claimed and shown in Figures 1-8 of the 417 Patent. The PS-L044N includes substantially
the same design for the lantern casing shown and claimed by the 417 Patent.
164. The PS-L044N infringes the 401 Patent because it includes substantially the same design
elements as claimed and shown in Figures 1-8 of the 401 Patent. The PS-L044N includes substantially
the same design for the lantern casing shown and claimed by the 401 Patent.
165. The Power-Solution solar panel attachment to the PS-L044N infringes the 243 Patent
because it includes substantially the same design elements as claimed and shown in Figures 1-6 of the
243 Patent. The Power-Solution solar panel attachment to the PS-L044N includes substantially the same
design for the solar panel casing shown and claimed by the 243 Patent.
166. The Power-Solution solar panel attachment to the PS-L044N infringes the 979 Patent
because it includes substantially the same design elements as claimed and shown in Figures 1-6 of the
979 Patent. The Power-Solution solar panel attachment to the PS-L044N includes substantially the same
design for the solar panel casing shown and claimed by the 979 Patent.
167. The Power-Solution solar panel attachment to the PS-L044N infringes the 817 Patent
because it includes substantially the same design elements as claimed and shown in Figures 1-6 of the
817 Patent. The Power-Solution solar panel attachment to the PS-L044N includes substantially the same
design for the solar panel casing shown and claimed by the 817 Patent.
168. Through the conduct alleged above, Power-Solution has caused and will continue to cause
d.light to suffer damages, which in no event are less than a reasonable royalty, and which include, but are
not limited to, lost sales and sa