On August 31, 2021, Everlight Electronics Co., Ltd. (“Plaintiff” or “Everlight”), represented by William E. Davis, III of The Davis Firm, PC, filed an intellectual property lawsuit against Amazon.com, Inc. and Amazon.com Services LLC (collectively, “Defendants” or “Amazon”), seeking injunctive relief, monetary damages, and pre-judgment and post-judgment interest for the alleged infringement of a United States Patent owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.
This is an action for alleged patent infringement arising under the Patent Laws of the United States of America, 35 U.S.C. § 1 et seq. This complaint arises from Defendants’ unlawful infringement of United States Patents which discloses a novel structure for and method for the manufacture and mounting of semiconductor light emitting elements: U.S. Patent No. 7,554,126 titled “Semiconductor Light-Emitting Element, Manufacturing Method and Mounting Method of the same and Light-Emitting Device,” (the “’126 Patent” or the “Asserted Patent).
In the complaint, the Plaintiff alleged that, “On information and belief, Defendants offer for sale, sell, and/or import certain light emitting products such as Automotive Headlight LED Bulb Products, Filament LED Bulb Products and UltraViolet-C LED Products (collectively the “Accused Products”), that directly infringe, literally and/or under the doctrine of equivalents, one or more claims of the ’126 Patent in this District and elsewhere in Texas and the United States in violation of 35 U.S.C. § 271(a) and/or 271(g).”
The Plaintiff also alleged that, “The Accused Automotive LED Headlight Bulb Products include a semiconductor light-emitting element meeting the claim limitations of the ‘126 patent. For example, the Beamtech – 9007 LED Headlight Bulb Product is an automotive LED headlight bulb product containing automotive LEDs. The semiconductor light-emitting elements are mounted on a circuit board in the automotive LEDs.”
Further, the Plaintiff alleged that, “By offering for sale, selling and/or importing into the United States the Accused Products, like and including the Beamtech – 9007 LED Headlight Bulb Product, Defendants have injured Everlight and are liable for infringement of the ’126 patent pursuant to 35 U.S.C. §271.”
The only claim for relief laid down by the Plaintiff is for the alleged infringement of the Asserted Patent.
In the prayer for relief, the Plaintiff has requested the Court to pass a judgment determining that Defendants have infringed and continue to infringe, either literally and/or under the doctrine of equivalents, the ’126 Patent; require Defendants to pay Everlight its damages, costs, expenses, and pre-judgment and post-judgment interest for Defendants’ infringement of the the ’126 Patent; require Defendants to provide an accounting and to pay supplemental damages to Everlight, include without limitation, pre-judgment and post-judgment interest; order a permanent injunction prohibiting Defendants from further acts of infringement of the ’126 patent; and find that this is an exceptional case within the meaning of 35 U.S.C. § 285 and award to Everlight its reasonable attorneys’ fees and costs against Defendants, and enhanced damages pursuant to 35 U.S.C. § 284.
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6:21-CV-00906
08/31/2021
Pending - Other Pending
Intellectual Property - Patent
Alan D Albright
EVERLIGHT ELECTRONICS CO., LTD.
AMAZON.COM, INC.
AMAZON.COM SERVICES LLC
William E. Davis, III
Attorney at The Davis Firm, PC
213 N. Fredonia Street, Suite 230
Longview, TX 75601
Stefani E. Shanberg
Attorney at Morrison & Foerster LLP
425 Market Street, 32Nd Floor
San Francisco, CA 94105
(#14) NOTICE of Filing Case Readiness Status Report by EVERLIGHT ELECTRONICS CO., LTD. (Davis, William) (Entered: 10/29/2021)
(#13) ANSWER to #1 Complaint, with Jury Demand by AMAZON.COM SERVICES LLC, AMAZON.COM, INC..(Shanberg, Stefani) (Entered: 10/22/2021)
(#12) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021)
(#11) RULE 7 DISCLOSURE STATEMENT filed by AMAZON.COM SERVICES LLC, AMAZON.COM, INC.. (Shanberg, Stefani) (Entered: 09/21/2021)
(#10) NOTICE of Attorney Appearance by Stefani E. Shanberg on behalf of AMAZON.COM SERVICES LLC, AMAZON.COM, INC.. Attorney Stefani E. Shanberg added to party AMAZON.COM SERVICES LLC(pty:dft), Attorney Stefani E. Shanberg added to party AMAZON.COM, INC.(pty:dft) (Shanberg, Stefani) (Entered: 09/21/2021)
Proposed Order
(#9) Agreed MOTION for Extension of Time to File Answer by EVERLIGHT ELECTRONICS CO., LTD.. (Attachments: #1 Proposed Order)(Davis, William) (Entered: 09/20/2021)
(#8) SUMMONS Returned Executed by EVERLIGHT ELECTRONICS CO., LTD.. AMAZON.COM SERVICES LLC served on 9/1/2021, answer due 9/22/2021. (Davis, William) (Entered: 09/16/2021)
(#7) SUMMONS Returned Executed by EVERLIGHT ELECTRONICS CO., LTD.. AMAZON.COM, INC. served on 9/1/2021, answer due 9/22/2021. (Davis, William) (Entered: 09/16/2021)
Civil Cover Sheet
Exhibit 1 - US Patent 7,554,126
Docket(#14) NOTICE of Filing Case Readiness Status Report by EVERLIGHT ELECTRONICS CO., LTD. (Davis, William) (Entered: 10/29/2021)
[-] Read LessDocket(#13) ANSWER to #1 Complaint, with Jury Demand by AMAZON.COM SERVICES LLC, AMAZON.COM, INC..(Shanberg, Stefani) (Entered: 10/22/2021)
[-] Read LessDocket(#12) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021)
[-] Read LessDocketReset Deadlines: AMAZON.COM SERVICES LLC answer due 10/22/2021; AMAZON.COM, INC. answer due 10/22/2021. (jc5) (Entered: 09/27/2021)
[-] Read LessDocketText Order GRANTING #9 Motion for Extension of Time to Answer entered by Judge Alan D Albright. The Agreed Motion to Extend Time to Answer Complaint having been presented and the same having been considered, it is therefore ORDERED that the Motion is GRANTED and Defendants Amazon.com, Inc. and Amazon.com Services LLC are granted an extension of time to answer Plaintiffs complaint to October 22, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RRlc) (Entered: 09/27/2021)
[-] Read LessDocket(#11) RULE 7 DISCLOSURE STATEMENT filed by AMAZON.COM SERVICES LLC, AMAZON.COM, INC.. (Shanberg, Stefani) (Entered: 09/21/2021)
[-] Read LessDocket(#10) NOTICE of Attorney Appearance by Stefani E. Shanberg on behalf of AMAZON.COM SERVICES LLC, AMAZON.COM, INC.. Attorney Stefani E. Shanberg added to party AMAZON.COM SERVICES LLC(pty:dft), Attorney Stefani E. Shanberg added to party AMAZON.COM, INC.(pty:dft) (Shanberg, Stefani) (Entered: 09/21/2021)
[-] Read LessDocket(#9) Agreed MOTION for Extension of Time to File Answer by EVERLIGHT ELECTRONICS CO., LTD.. (Attachments: #1 Proposed Order)(Davis, William) (Entered: 09/20/2021)
[-] Read LessDocket(#8) SUMMONS Returned Executed by EVERLIGHT ELECTRONICS CO., LTD.. AMAZON.COM SERVICES LLC served on 9/1/2021, answer due 9/22/2021. (Davis, William) (Entered: 09/16/2021)
[-] Read LessDocket(#7) SUMMONS Returned Executed by EVERLIGHT ELECTRONICS CO., LTD.. AMAZON.COM, INC. served on 9/1/2021, answer due 9/22/2021. (Davis, William) (Entered: 09/16/2021)
[-] Read LessDocket(#6) Summons Issued as to AMAZON.COM SERVICES LLC. (lad) (Entered: 09/01/2021)
[-] Read LessDocket(#5) Summons Issued as to AMAZON.COM, INC.. (lad) (Entered: 09/01/2021)
[-] Read LessDocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 09/01/2021)
[-] Read LessDocket(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Davis, William) (Main Document 4 replaced on 8/31/2021) (lad). (Entered: 08/31/2021)
[-] Read LessDocket(#3) REQUEST FOR ISSUANCE OF SUMMONS by EVERLIGHT ELECTRONICS CO., LTD.. (Davis, William) (Main Document 3 replaced on 8/31/2021) (lad). (Entered: 08/31/2021)
[-] Read LessDocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 08/31/2021)
[-] Read LessDocket(#2) REQUEST FOR ISSUANCE OF SUMMONS by EVERLIGHT ELECTRONICS CO., LTD.. (Davis, William) (Main Document 2 replaced on 8/31/2021) (lad). (Entered: 08/31/2021)
[-] Read LessDocket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15174131), filed by EVERLIGHT ELECTRONICS CO., LTD.. (Attachments: #1 Exhibit 1 - US Patent 7,554,126, #2 Civil Cover Sheet)(Davis, William) (Attachment 2 replaced on 8/31/2021) (lad). (Entered: 08/31/2021)
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