Case 5:23-cv-02238 Document 1 Filed 10/30/23 Page 1 of 23 Page ID #:1

1 Ronald P. Oines (CA State Bar No. 145016)

[email protected]
2 RUTAN & TUCKER, LLP
18575 Jamboree Road, 9th Floor
3 Irvine, CA 92612
Telephone: 714-641-5100
4 Facsimile: 714-546-9035
5 Douglas A. Robinson (MO State Bar No. 58304)
[email protected]
6 (Pro Hac Vice application to be submitted)
HARNESS, DICKEY & PIERCE, P.L.C.
7 7700 Bonhomme, Ste. 400
Clayton, MO 63105
8 Telephone: 314-726-7500
Facsimile: 314-726-7501
9
Attorneys for Plaintiff
10 DIODE DYNAMICS, L.L.C.
11 UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
13 RIVERSIDE DIVISION
14 DIODE DYNAMICS, L.L.C., Case No. 5:23-cv-2238
15 Plaintiff, Judge:
16 v. COMPLAINT FOR PATENT
INFRINGEMENT
17 5DLIGHT, INC., d/b/a LASFIT,
18 Defendant. DEMAND FOR JURY TRIAL
19
20 COMPLAINT FOR PATENT INFRINGEMENT
21 Pursuant to Federal Rule of Civil Procedure 15(a)(1), Plaintiff Diode
22 Dynamics files this Complaint against 5DLight, Inc. for infringement of U.S.
23 Design Patent No. D974,648 (hereinafter “the D’648 Patent,” attached as Exhibit 1).
24 JURISDICTION AND VENUE
25 1. This Complaint includes claims for patent infringement arising under
26 the patent laws of the United States, Title 35 of the United States Code.
27 2. This Court has subject matter jurisdiction over this action under 28
28 U.S.C. §§ 1331 and 1338(a).

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1 3. 5DLight is subject to personal jurisdiction by this Court because

2 5DLight is organized under the laws of California and has its principal place of
3 business at 9155 Archibald Avenue, Suite D, Rancho Cucamonga, California 91730.
4 Further, 5DLight has committed one or more acts of patent infringement within this
5 District.
6 4. Venue is proper in this judicial District pursuant to 28 U.S.C. § 1391
7 and 1400(b) because 5DLight resides in this District at 9155 Archibald Avenue,
8 Suite D, Rancho Cucamonga, California 91730. Venue is also proper in this District
9 because 5DLight has committed acts of infringement in this judicial District and has
10 a regular and established physical place of business in this District.
11 NATURE OF THE ACTION
12 5. This is a civil action arising under the patent laws of the United States,
13 35 U.S.C. § 1 et seq, including specifically 35 U.S.C. § 271, based on Defendant’s
14 willful infringement of U.S. Patent No. D974,648 by the unauthorized manufacture,
15 use, offer for sale, and/or sale of Defendant’s infringing products accused herein.
16 THE PARTIES
17 6. Plaintiff Diode Dynamics, L.L.C. (“Diode Dynamics” or “Plaintiff”) is
18 a Missouri limited liability company having an address at 3780 Millstone Parkway,
19 St. Charles, MO 63301.
20 7. Defendant 5DLight, Inc. (“5DLight” or “Defendant”) is a California
21 stock corporation having a place of business at 9155 Archibald Avenue, Suite D,
22 Rancho Cucamonga, California 91730.
23 8. According to the California Secretary of State’s Business Search
24 website, 5DLight’s registered agent for service is Zhuo Wang, 9866 7th Street, Unit
25 120, Rancho Cucamonga, California 91730. See Exhibit 2.
26 JURISDICTION AND VENUE
27 9. This Complaint includes claims for patent infringement arising under
28 the patent laws of the United States, Title 35 of the United States Code.

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1 10. This Court has subject matter jurisdiction over this action under 28
2 U.S.C. §§ 1331 and 1338(a).
3 11. 5DLight is subject to personal jurisdiction by this Court because
4 5DLight is organized under the laws of California and has its principal place of
5 business at 9155 Archibald Avenue, Suite D, Rancho Cucamonga, California 91730.
6 Further, 5DLight has committed one or more acts of patent infringement within this
7 District.
8 12. Venue is proper in this judicial District pursuant to 28 U.S.C. § 1391
9 and 1400(b) because 5DLight resides in this District at 9155 Archibald Avenue,
10 Suite D, Rancho Cucamonga, California 91730. Venue is also proper in this District
11 because 5DLight has committed acts of infringement in this judicial District and has
12 a regular and established physical place of business in this District.
13 THE PATENT-IN-SUIT
14 13. The D’648 Patent, titled “LED LAMP BEZEL,” was duly and legally
15 issued by the United States Patent and Trademark Office on January 3, 2023. The
16 D’648 Patent names Paul Jerome McCain as its inventor. The application leading to
17 the D’648 Patent was filed on April 15, 2021 and, further, the D’648 is entitled to
18 the filing date of U.S. Patent No. D936,864, namely, December 23, 2019. A true and
19 correct copy of the ‘648 Patent is attached as Exhibit 1. The D’648 Patent is valid,
20 enforceable, and in full force and effect.
21 14. By lawful assignment, plaintiff Diode Dynamics owns all substantial
22 rights, titles, and interests in and to the D’648 Patent, including the exclusive right
23 and standing to bring suit with respect to any infringement.
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1 15. The D’648 Patent discloses and claims the non-functional ornamental
2 design for an LED lamp bezel, which is described and shown from multiple
3 perspectives in its Figures 1, 2 and 5 below. As explained in the D’648 Patent, the
4 “broken lines showing the remaining portion of the lamp are included for the
5 purpose of illustration only and form no part of the claimed design.”
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DIODE DYNAMICS’ USE OF THE PATENT-IN-SUIT
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16. Diode Dynamics is an innovator and leader in the LED lighting
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industry.
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17. Diode Dynamics sells a variety of LED lighting products and related
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accessories through its website www.diodedynamics.com. Included in Diode
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Dynamics’ products are LED lamps having ornamental bezel designs disclosed and
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claimed by the D’648 Patent.
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18. An example of the ornamental design disclosed and claimed by the
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D’648 Patent is embodied in Diode Dynamics’ SS3 LED Pod products, SSC1 LED
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Pod products, and Stage Series 3” SAE/DOT White Sport LED Pod.
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1 19. An example of Diode Dynamics’ SS3 LED Pod products is shown on

2 Diode Dynamics’ website at https://www.diodedynamics.com/stage-series-3-sae-
3 dot-type-as-fog-light-kit.html and is depicted below:
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13 20. An example of Diode Dynamics’ SSC1 LED Products is shown on
14 Diode Dynamics’ website at https://www.diodedynamics.com/stage-series-c1-sae-
15 dot-type-fbs-fog-light-kit.html and is depicted below:
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25 21. A further example of Diode Dynamics’ products is its Stage Series 3”
26 SAE/DOT White Sport LED Pod, which is shown on Diode Dynamics’ website at
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1 https://www.diodedynamics.com/stage-series-3-sae-dot-white-sport-led-pod-
2 pair.html and is depicted below:
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14 22. Diode Dynamics’ SS3 LED Pod and SSC1 LED Pod are marked with
15 the D’648 Patent in accordance with 35 U.S.C. § 287. Diode Dynamics maintains
16 the publicly-accessible website https://www.diodedynamics.com/patent, where it
17 associates the patented article with the number of the patent. Further, Diode
18 Dynamics provides this website URL, along with the word “patent,” on the
19 packaging for its patented articles. Diode Dynamics began this practice with respect
20 to its SS3 LED Pod and SSC1 LED Pod on August 25, 2022.
21 5DLIGHT’S INFRINGING DESIGN
22 23. As described below, 5DLight makes, uses, imports, distributes,
23 supplies, markets, offers for sale, and/or sells lighting products under the “Lasfit”
24 name, including through the website www.lasfit.com.
25 24. One of the products made, used, imported, distributed, supplied,
26 marketed, offered for sale, and/or sold by Lasfit is the Lasfit 3” LED Pod Sport
27 Series Off-Road Hood Ditch Light SAE Fog Flood 18W (“the Lasfit 3” LED Pod
28 Sport light”). Images of the Lasfit 3” LED Pod Sport light are shown below and

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1 taken from 5DLight’s Lasfit website at https://www.lasfit.com/products/sport-3-led-

2 pod-light (attached as Exhibit 3):
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13 25. The Lasfit 3” LED Pod Sport light embodies designs claimed in the
14 D’648 Patent.
15 26. Diode Dynamics has not authorized 5DLight to copy, reproduce,
16 manufacture, duplicate, disseminate, distribute, import, sell, offer for sale, or display
17 any lighting products produced with the design claimed by the D’648 Patent.
18 27. In addition to the constructive notice provided by Diode Dynamics’
19 patent markings, Diode Dynamics provided actual written notice to 5DLight of its
20 infringement of the D’648 Patent via letter dated February 17, 2023. See Exhibit 4.
21 28. On information and belief, at least since receipt of the aforementioned
22 letter, 5DLight has refused to change the design of its accused products and has
23 refused to discontinue sales of the accused products.
24 29. On information and belief, 5DLight, with full knowledge of the
25 asserted claim and the accused products, has acted with intentional disregard for the
26 D’648 Patent.
27 30. Despite 5DLight’s knowledge of the D’648 Patent, 5DLight continues
28

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1 to willfully violate Diode Dynamics’ intellectual property rights by infringing the

2 D’648 Patent.
3 COPYING BY 5DLIGHT
4 31. 5DLight’s willful patent infringement is further shown by 5DLight’s
5 efforts to copy Diode Dynamic’s product naming conventions, website materials,
6 and advertisements.
7 32. For example, Diode Dynamics advertises “3”…LED Pod” pairs and
8 offers a base “Sport” power level. See https://www.diodedynamics.com/stage-
9 series-3-sae-dot-white-sport-led-pod-pair.html (attached as Exhibit 5):
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1 33. 5DLight similarly advertises its infringing pods as “3” LED Pod”
2 products and offers them with a base “Sport” power level. See
3 https://www.lasfit.com/products/sport-3-led-pod-light (attached as Exhibit 3).
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1 34. In addition, the graphic design of 5DLight’s Lasfit.com website is

2 identical to certain aspects of the Diode Dynamics website, including by arranging
3 “Features” and “What’s Included” data identically in its product listing page.
4 Compare https://www.diodedynamics.com/stage-series-3-sae-dot-white-sport-led-
5 pod-pair.html (attached as Exhibit 5):
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17 with https://www.lasfit.com/products/sport-3-led-pod-light (attached as Exhibit 3):
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27 35. Next, graphic designs in 5DLight’s Lasfit advertisements are copied
28 from Diode Dynamics’ advertising. For example, product category images on the

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1 Lasfit.com website shows added text for the product’s “power level” to the upper
2 right of the product picture, in italicized Open Sans Bold typeface. This is identical
3 to Diode Dynamics’ website styling. Compare https://www.diodedynamics.com/led-
4 off-road-lights/led-pods/ss3/standard-bezel.html (attached as Exhibit 6):
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1 with https://www.lasfit.com/collections/led-pod-lights (attached as Exhibit 7,

2 arrows added in image below):
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13 36. 5DLight has copied other graphic design elements from Diode
14 Dynamics’ advertisements, including by using an “optic comparison” image that is
15 visually similar to a comparison used by Diode Dynamics. Compare
16 https://www.diodedynamics.com/blog/setting-the-bar-for-off-road-led-light-bars
17 (attached as Exhibit 8, p. 3):
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27 With

28 https://web.archive.org/web/20210414220213/https://www.lasfit.com/pages/3012-

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1 series-street-legal (captured by the Wayback Machine on April 14, 2021; attached as

2 Exhibit 9, p. 8):
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14 37. Another example of 5DLight’s copying of graphical design elements
15 from Diode Dynamics is Lasfit’s creation of a “specification table” that presents
16 data in nearly identical fashion to Diode Dynamics, going so far as to the include the
17 disclaimer text “Specifications listed here are for each individual pod,” which also
18 appears on Diode Dynamics’ webpage. Among the similarities, the typefaces and
19 font weights used by 5DLight are identical to those used by Diode Dynamics, and
20 certain column titles are worded identically to Diode Dynamics’ (Lens Color/Optics,
21 Measured Output (Lumens), Raw Output (Lumens)). Compare
22 https://www.diodedynamics.com/stage-series-3-sae-dot-white-sport-led-pod-
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1 pair.html (attached as Exhibit 10):

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1 with https://www.lasfit.com/products/sport-3-led-pod-light (attached as Exhibit 3):

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12 38. 5DLight also used an advertisement with a “High Intensity LED”
13 graphic having a quarter of an exposed lamp shown and the LED emitter circled.
14 This matches a graphic previously used by Diode Dynamics. Compare
15 https://www.facebook.com/DiodeDynamics/videos/2830793720500000/ (attached
16 as Exhibit 11; Diode Dynamics advertisement):
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27 https://web.archive.org/web/20210414220213/https://www.lasfit.com/pages/3012-
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1 series-street-legal (captured by the Wayback Machine on April 14, 2021; attached

2 as Exhibit 9):
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14 39. Further, 5DLight’s Lasfit website showed a “beam pattern comparison”
15 graphic that closely matched a previously-existing Diode Dynamics graphic.
16 Compare https://www.diodedynamics.com/stage-series-3-sae-dot-white-max-
17 standard-led-pod-one.html (attached as Exhibit 12):
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1 with
2 https://web.archive.org/web/20210414220213/https://www.lasfit.com/pages/3012-
3 series-street-legal (captured by the Wayback Machine on April 14, 2021; attached
4 as Exhibit 9):
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16 40. Each of these concepts discussed above was first executed and
17 published by Diode Dynamics prior to 5DLight’s replication of them.
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1 41. 5DLight endeavors to stay apprised of Diode Dynamic’s activities by

2 following Diode Dynamics on the social media site Instagram, as shown in the
3 below screenshot listing two Lasfit accounts following Diode Dynamics:
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1 COUNT I
2 INFRINGEMENT OF U.S. DESIGN PATENT NO. D974,648
3 42. Diode Dynamics incorporates by reference and realleges, as if fully set
4 forth herein, paragraphs 1–42.
5 43. The D’648 patents claims a non-functional ornamental design,
6 specifically, an “ornamental design for a LED lamp bezel.”
7 44. As described below, in violation of at least 35 U.S.C. § 271(a),
8 5DLight infringes and/or has infringed, literally or under the doctrine of equivalents,
9 the D’648 Patent by importing, making, using, offering to sell, and/or selling
10 products within the scope of the D’648 Patent’s claim (“Accused Products”),
11 including but not limited to its Lasfit 3” LED Pod Sport Series Off-Road Hood
12 Ditch Light SAE Fog Flood 18W, without license or permission from Diode
13 Dynamics, including in this judicial District.
14 45. The D’648 Patent is directed to an “LED Lamp Bezel” as exemplified
15 in its Figure 1, shown below:
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25 46. As shown below, the design of the bezel on 5DLight’s infringing Lasfit
26 3” LED Pod Sport Series Off-Road Hood Ditch Light SAE Fog Flood 18W have
27 appropriated the ornamental design for an LED lamp bezel as shown in the D’648
28 Patent:

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11 47. In the eye of the ordinary observer who is familiar with the prior art in
12 the field, giving such attention as a purchaser usually gives, the Accused Products
13 have an appearance which is substantially the same as the ornamental design of the
14 D’648 Patent, the resemblance being such as to deceive an ordinary observer,
15 inducing him to purchase an Accused Product supposing it to be the design claimed
16 in the D’648 Patent.
17 48. Diode Dynamics has suffered and will continue to suffer damages as
18 result of the infringing conduct by 5DLight alleged above. Thus, 5DLight is at least
19 liable to Diode Dynamics in an amount that compensates Diode Dynamics for such
20 infringement. This cannot be less than a reasonable royalty, together with interest
21 and costs as fixed by this Court under 35 U.S.C. § 284, as well as all remedies for
22 design patent infringement permitted under 35 U.S.C. § 289.
23 49. Diode Dynamics has marked its SS3 and SSC1 products with the patent
24 number of the D’648 Patent via its virtual marking webpage at
25 https://www.diodedynamics.com/patent.
26 50. On information and belief, 5DLight copied the design of Diode
27 Dynamics’ LED light bezels which embody the design claimed in the D’648 Patent,
28 to arrive at the design of the Accused Products.

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1 51. 5DLight’s infringement of the D’648 Patent has caused, and will
2 continue to cause, Diode Dynamics to suffer substantial and irreparable harm unless
3 5DLight is enjoined by this Court pursuant to 35 U.S.C. § 283.
4 52. Since at least receiving a letter from Diode Dynamics’ attorney dated
5 February 17, 2023 informing 5DLight of 5DLight’s infringement of the D’648
6 Patent, 5DLight has been on notice of and has actual knowledge of the D’648
7 Patent. Further, 5DLight has had constructive knowledge of the D’648 Patent from
8 Diode Dynamics’ patent markings. Despite obtaining knowledge of the D’648
9 Patent, 5DLight has failed to stop its infringing activities.
10 53. At least since its receipt of the above-referenced February 17, 2023
11 letter, 5DLight’s infringement of the D’648 Patent has been, and continues to be,
12 willful, intentional, deliberate, and/or in conscious disregard of Diode Dynamics’
13 rights. 5DLight’s willful infringement entitles Diode Dynamics to increased
14 damages under 35 U.S.C. § 285.
15 DEMAND FOR A JURY TRIAL
16 54. Diode Dynamics demands a trial by jury on all issues triable of right by
17 jury pursuant to Rule 38 of the Federal Rules of Civil Procedure.
18 PRAYER FOR RELIEF
19 Diode Dynamics respectfully requests that this Court enter judgment in its
20 favor and grant the following relief:
21 (i) Judgment and Order that 5DLight has infringed the D’648 Patent;
22 (ii) Judgment and Order that 5DLight must pay Diode Dynamics past and
23 future damages under 35 U.S.C. § 284, including supplemental
24 damages arising from any continuing, post-verdict infringement for the
25 time between trial and entry of the final judgment, together with an
26 accounting, as needed, as provided under 35 U.S.C. § 284;
27 (iii) Judgement and Order awarding Diode Dynamics 5DLight’s profits
28 pursuant to 35 U.S.C. § 289 resulting from 5DLight’s infringement of

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1 the D’648 Patent;

2 (iv) Judgment and Order that 5DLight must pay Diode Dynamics
3 reasonable and ongoing royalties on a go-forward basis after Final
4 Judgment;
5 (v) Permanent injunction prohibiting 5DLight from further infringement of
6 the D’648 Patent;
7 (vi) Judgment and Order that 5DLight must pay Diode Dynamics’s costs;
8 (vii) Judgment and Order that the Court find this case exceptional under the
9 provisions of 35 U.S.C. § 285 and order 5DLight to pay Diode
10 Dynamics its attorneys’ fees;
11 (viii) Judgment and Order that 5DLight’s infringement has been willful;
12 (ix) Judgment and Order that all damages awarded to Diode Dynamics for
13 5DLight’s infringement be trebled pursuant to 35 U.S.C. §284; and
14 (x) Such other and further relief as the Court deems just and proper.
15
16 Dated: October 30, 2023 RUTAN & TUCKER, LLP
RONALD P. OINES
17
18 By: /s/ Ronald P. Oines
Ronald P. Oines
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20 HARNESS, DICKEY & PIERCE, P.L.C.
DOUGLAS A. ROBINSON
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22 Attorneys for Plaintiff
DIODE DYNAMICS, L.L.C.
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2118/038452-0001
COMPLAINT FOR PATENT
19865582.1 a10/30/23 -22- INFRINGEMENT
 Case 5:23-cv-02238 Document 1 Filed 10/30/23 Page 23 of 23 Page ID #:23

1 DEMAND FOR JURY TRIAL

2 Plaintiff hereby demands a jury trial as to all issues that are so triable.
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4 Dated: October 30, 2023 RUTAN & TUCKER, LLP
RONALD P. OINES
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6 By: /s/ Ronald P. Oines
Ronald P. Oines
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8 HARNESS, DICKEY & PIERCE, P.L.C.
DOUGLAS A. ROBINSON
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10 Attorneys for Plaintiff
DIODE DYNAMICS, L.L.C.
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12
13 63292729.2

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2118/038452-0001
COMPLAINT FOR PATENT
19865582.1 a10/30/23 -23- INFRINGEMENT