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Richard P. Doyle, Jr. (SBN 112459) rdoyle@doylelow.com Jaime B. Herren (SBN 271680) jherren@doylelow.com DOYLE LOW LLP 140 Brookwood Road, Suite 102 Orinda, CA 94563 925.295.1805 telephone 925.253.1071 fax Attorneys for Plaintiff Zulch Laboratories, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DOYLE LOW LLP

11 Zulch Laboratories, Inc., a California corporation, 12 Plaintiff, 13 v. 14 Electronic Theatre Controls, Inc., d/b/a ETC, a 15 Wisconsin corporation, 16 Defendant. 17 18 19

Case No. COMPLAINT FOR PATENT INFRINGEMENT

DEMAND FOR JURY TRIAL

Plaintiff Zulch Laboratories, Inc., for its Complaint for Patent Infringement against the

20 above-named defendant alleges as follows: 21 22 23 24 1. Plaintiff Zulch Laboratories, Inc., (hereafter Zulch Labs, or Plaintiff) is a PARTIES

25 corporation, organized and existing under the laws of the State of California. Plaintiff maintains 26 a principal place of business at 2 Van Ripper Lane, Orinda, CA 94563, and does business within 27 this Judicial District.
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2.

Defendant Electronic Theatre Controls, Inc., d/b/a ETC, (hereafter Defendant

ETC) is a corporation, organized and existing under the laws of the State of Wisconsin that maintains a principal place of business at 3031 Pleasant View Road, Middleton WI 53562-0979, and does business within this Judicial District.

NATURE OF THIS LAWSUIT

3.

There are two United States Patents asserted in this Complaint.

4.

The first action for patent infringement is of United States Patent No. 7,994,732

11 B2, (the "'732 patent"), arising under the patent laws of the United States, Title 35, United States
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12 Code. The '732 patent issued on August 9, 2011. A copy of the '732 patent is attached as Exhibit 13 A. This action relates to the making, marketing, and selling by Defendant of digital lighting 14 fixtures that change light source intensity within the scope of the 732 patent. 15 16 5. The second action for patent infringement is of United States Patent No.

17 8,330,392 B2, (the "'392 patent"), arising under the patent laws of the United States, Title 35, 18 United States Code. The '392 patent issued on December 11, 2012. A copy of the '392 patent is 19 attached as Exhibit B. This action relates to the making, marketing, and selling by Defendant of 20 digital lighting fixtures that change light source intensity within the scope of the 392 patent. 21 22 23 24 6. This Court has original jurisdiction over this action pursuant to 28 U.S.C. 1331 JURISDICTION AND VENUE

25 and 1338(a). This Court has personal jurisdiction because Defendant ETC, and its agents, 26 transact and solicit business in the Northern District of California; and infringing activities have 27 occurred and continue to occur in this Judicial District.
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7.

Venue is proper in this district pursuant to 28 U.S.C. 1391(c).

INTRA-DISTRICT ASSIGNMENT

8.

This is an Intellectual Property Action and is therefore exempt from the Court's

Assignment Plan under Civil L.R. 3-2(c).

FIRST CAUSE OF ACTION INFRINGEMENT OF UNITED STATES PATENT NO. 7,994,732

9.

Plaintiff incorporates by reference the prior allegations of this Complaint and

12 further alleges that Plaintiff, a California corporation, first registered with the State of California 13 in 2006. Plaintiff is in the business of developing and designing power control solutions for 14 dimming, switching, and constant powering of digital lighting designs. These solutions include 15 new designs for the use of LED lighting fixtures for commercial applications, which have a 16 higher intensity and use less power than other industry fixtures. Plaintiffs technology includes 17 new ways of controlling the dimming of such lighting fixtures. 18 19 10. The '732 patent, entitled INTENSITY CHANGING WITH REDUCED

20 FLICKER FOR DIGITALLY-CONTROLLED LIGHTING, was duly and legally issued by the 21 United States Patent and Trademark Office on August 9, 2011 to Plaintiff, as the Assignee of 22 inventor Richard C. Zulch. Plaintiff owned the 732 patent throughout the period of Defendant 23 ETC's infringing acts, and continues to own the 732 patent. 24 25 11. The '732 patent discloses and claims, inter alia, a method for changing light

26 source intensity of digitally controlled lighting fixtures; a computer program product for 27
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changing light source intensity of digitally controlled lighting fixtures; and a system for changing light source intensity of digitally controlled lighting fixtures.

12.

Defendant ETC is infringing, and actively inducing infringement of, one or more

claims of the '732 patent under 35 U.S.C. 271 by making, using, offering for sale, selling, marketing or importing into the United States infringing digitally controlled lighting fixtures, such as (but not limited to) those included under the commercial names Selador and "Source Four LED" trademark product lines; and/or by instructing distributors or customers how to use digitally controlled lighting fixtures to practice the methods, products and systems covered by

10 the claims of the '732 patent; and/or by contributorily infringing one or more claims of the '732 11 patent, by offering to sell, selling, marketing or importing digitally controlled lighting fixtures
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12 for use in practicing the methods, products and systems covered by the claims of the '732 patent, 13 which devices are especially made or adapted for use in practicing the methods, products and 14 systems patented by the '732 patent. Plaintiff is informed and believes that Defendant ETC will 15 continue to do so unless enjoined by this Court. 16 17 13. Defendant ETC has deliberately and willfully infringed the 732 patent, since the

18 Plaintiff has met with and given Defendant ETC notice of its infringement, and Defendant ETC 19 continues its illegal activities. 20 21 14. Plaintiff will be substantially and irreparably harmed if Defendant ETC's

22 infringement is not enjoined. Plaintiff does not have an adequate remedy at law. 23 24 25 26 27 15. Plaintiff incorporates by reference the prior allegations of this Complaint.
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SECOND CAUSE OF ACTION INFRINGEMENT OF UNITED STATES PATENT NO. 8,330,392

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16.

The '392 patent, entitled INTENSITY CHANGING WITH REDUCED

FLICKER FOR DIGITALLY-CONTROLLED LIGHTING, was duly and legally issued by the United States Patent and Trademark Office on August 9, 2011 to Plaintiff, as the Assignee of inventor Richard C. Zulch. Plaintiff owned the 392 patent throughout the period of Defendant ETC's infringing acts, and continues to own the 392 patent.

17.

The '392 patent discloses and claims, inter alia, a method for changing light

source intensity of digitally controlled lighting fixtures; a computer program product for changing light source intensity of digitally controlled lighting fixtures; and a system for changing

10 light source intensity of digitally controlled lighting fixtures. 11

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18.

Defendant ETC is infringing, and actively inducing infringement of, one or more

13 claims of the '392 patent under 35 U.S.C. 271 by making, using, offering for sale, selling, 14 marketing or importing into the United States infringing digitally controlled lighting fixtures, 15 such as (but not limited to) those included under the commercial names Selador and "Source 16 Four LED" trademark product lines; and/or by instructing distributors or customers how to use 17 digitally controlled lighting fixtures to practice the methods, products and systems covered by 18 the claims of the '392 patent; and/or by contributorily infringing one or more claims of the '392 19 patent by offering to sell, selling, marketing or importing digitally controlled lighting fixtures for 20 use in practicing the methods, products and systems covered by the claims of the '392 patent, 21 which devices are especially made or adapted for use in practicing the methods, products and 22 systems patented by the '392 patent. Plaintiff is informed and believes that Defendant ETC will 23 continue to do so unless enjoined by this Court. 24 25 19. Defendant ETC has deliberately and willfully infringed the '392 patent, since the

26 Plaintiff has met with and given Defendant ETC notice of its infringement, and Defendant ETC 27 continues its illegal activities.
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20.

Plaintiff will be substantially and irreparably harmed if Defendant ETCs

infringement is not enjoined, and a sufficiently strong causal nexus relates the alleged harm to the alleged infringement. Plaintiff does not have an adequate remedy at law.

PRAYER FOR RELIEF

Wherefore, Plaintiff prays for relief as follows:

(A)

A judgment declaring that Defendant ETC is infringing, inducing infringement of,

10 and/or contributorily infringing the '732 patent; 11

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(B)

A judgment declaring that Defendant ETC is infringing, inducing infringement of,

13 and/or contributorily infringing the '392 patent; 14 15 (C) A preliminary and permanent injunction enjoining Defendant ETC, its officers,

16 agents, servants, and employees, and those persons in active concert or participation with it, from 17 infringing, inducing infringement of, and/or contributorily infringing the '732 patent; 18 19 (D) A preliminary and permanent injunction enjoining Defendant ETC, its officers,

20 agents, servants, and employees, and those persons in active concert or participation with it, from 21 infringing, inducing infringement of, and/or contributorily infringing the '392 patent; 22 23 (E) Damages arising out of Defendant ETC's past, present and future infringement,

24 inducement of infringement, and contributory infringement, with interest, such damages trebled, 25 or increased in such other amounts as the Court shall deem appropriate, for their willful 26 infringement; 27
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(F)

A finding that increased damages are warranted under 35 U.S.C. 284, along

with interest, costs and expenses in this action and associated relief;

(G)

A finding that this is an exceptional case within 35 U.S.C. 285, along with an

award of attorneys fees, interest, costs and expenses and associated relief; and

(H)

Such other relief as this Court may deem appropriate.

Dated: December 18, 2013

Respectfully submitted, DOYLE LOW LLP By ____________________________________ Richard P. Doyle, Jr. Attorneys for Plaintiff Zulch Laboratories, Inc.

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15 DEMAND FOR JURY TRIAL PURSUANT TO FED. R. CIV. P. 38(b). 16 17 Dated: December 18, 2013 18 19 20 21 22 23 24 25 26 27
PAGE 7 COMPLAINT FOR PATENT INFRINGEMENT

Respectfully submitted, DOYLE LOW LLP

By ____________________________________ Richard P. Doyle, Jr. Attorneys for Plaintiff Zulch Laboratories, Inc.