d.light design et. al. v. Boxin Solar et. al

8/13/2019 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

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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. (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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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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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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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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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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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.


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.


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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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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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.


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.


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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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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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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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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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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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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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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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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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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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


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


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


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


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


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.




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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


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



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130. The Qingdao solar panel attachment to the SF-202 infringes the 243 Patent because i


The Qingdao solar panel attachment to the SF-202 includes substantially the same design for the solar










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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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)


136. On information and belief, Skone has infringed and continues to infringe one or more o


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.






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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)


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



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148. The Day & Night solar panel attachment to the DN807 infringes the 243 Patent because i


The Day & Night solar panel attachment to the DN807 includes substantially the same design for the solar










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)


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


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


157. Through the conduct alleged above, Superb Solar has caused and will continue to cause


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)


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


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


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.









168. Through the conduct alleged above, Power-Solution has caused and will continue to cause


not limited to, lost sales and sa

Documents

d.light design et. al. v. Boxin Solar et. al