Case 2:17-cv-06392 Document 1 Filed 08/24/17 Page 1 of 6 PageID: 1

Harris A. Wolin
Myers Wolin, LLC
100 Headquarters Plaza
North Tower, 6th Floor
Morristown, New Jersey 07960
Telephone: (973) 401-7159
Email: harris.wolin@myerswolin.com

Attorneys for Plaintiff

Bitro Group Inc.

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

BITRO GROUP INC. Case No.

Plaintiff, COMPLAINT FOR PATENT
v. INFRINGEMENT

DEMAND FOR JURY TRIAL

ADVANCED LIGHTING CONCEPTS, INC.,
D/B/A ENVIRONMENTALLIGHTS.COM,

Defendant.

Bitro Group Inc. (Bitro), by its undersigned attorneys, as and for its complaint against

defendant Advanced Lighting Concepts, Inc., says:

THE PARTIES
1. Plaintiff Bitro is a New Jersey Corporation that maintains its principal

place of business at 300 Lodi St., Hackensack, NJ 07601. Bitro is a leading provider of

professional grade LED lighting products.

2. Upon information and belief, defendant Advanced Lighting Concepts, Inc.

d/b/a environtmentallights.com (Environmental) is a corporation organized under the laws of

California, having a principal place of business at 11235 W Bernado Ct., San Diego, CA 92127.
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JURISDICTION AND VENUE

3. This is an action for patent infringement under the patent laws of the

United States, 35 U.S.C. 1, et seq. This court has subject matter jurisdiction over this action

pursuant to 28 U.S.C. 1331 and 1338(a).

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

THE PATENT-IN-SUIT

5. On August 18, 2015, the United States Patent and Trademark Office

(PTO) duly and legally issued United States Patent No. 9,113,558 B2 (the 558 patent),

entitled LED Mount Bar Capable of Freely Forming Curved Surfaces Thereon, to Seong Gon

Baik (Baik). Baik, in turn, assigned all rights, title, and license in the 558 patent to

LEDZONE CO., a foreign corporation in Korea with a business address at 112-20, Tongil-ro

1018, Deokyang-gu, Goyang-si, Kyeonggi-do, Korea (LEDZONE). Bitro is an exclusive

licensee of all right, title and interest in the 558 patent, including the sole right to sue for

infringement, by virtue of a license agreement executed in October of 2015. A true and correct

copy of the 558 patent is attached as Exhibit A to this Complaint.

6. Traditional LED tape light strips provide lighting at regular intervals along

a linear strip, but are not flexible in the direction of their width. Such LED tape light strips

therefore cannot easily be used to provide lighting for custom shapes and letters.

7. The 558 patent describes and claims an LED tape light strip with a unique

structure that allows it to be bent in the direction of its width, and is therefore ideal for lighting

that must conform to unique shapes.

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PLAINTIFFS ON-GOING BUSINESS IN THE U.S. UNDER THE 558 PATENT

8. Bitro has been regularly and continually making, marketing, using and

selling LED tape light strips made in accordance with the 558 patent in the U.S. since December

of 2012. These activities include, but are not limited to, displaying such patented lighting

systems at tradeshows throughout the U.S. and designing and installing such systems for

customers.

9. Bitro has found that its uniquely flexible LED tape light strips, as well as

installations incorporating the LED tape light strips, actively and successfully attract new

customers and retain existing customers, who ultimately engage Bitro for installations

incorporating all of Bitros lighting products and services. As such the Bitro LED tape light

strips utilizing the patented technology have become an important and valuable continuing

source of business attraction and growth for Bitro.

INFRINGEMENT BY DEFENDANT

10. Bitro realleges and incorporates by reference paragraphs 1-9, inclusive, as

though fully set forth in this paragraph.

11. Defendant Environmental displays on its website, and, upon information and

belief, sells into this judicial district, its CurrentControl Bendable ZigZag LED Strip Lights, as

seen at https://www.environmentallights.com/led-strip-lights/single-color-led-strip-

lights/currentcontrol-bendable-zigzag-led-strip-lights.html (Last viewed on August 24, 2017). A

screen capture is attached as Exhibit B to this complaint.

12. Defendant Environmental has been and is currently infringing the 558

patent in violation of 35 U.S.C. 271 by, among other things, designing, making, importing,
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using, selling, and/or offering for sale at least its product CurrentControl Bendable ZigZag LED

Strip Lights in and into the United States, and in this judicial district, that infringe one or more

of the claims of the 558 patent.

13. Upon information and belief, these infringing activities of Environmental

are causing attraction to Environmental and other Environmental products in the marketplace.

As such, and upon information and belief, by Environmentals display and marketing of products

infringing upon the 558 patent, Environmental is attracting and directing customers to itself that

would otherwise first be attracted to and seek business with Bitro.

14. Upon information and belief, defendant Environmental transacts business

within this district, derives substantial revenues from intra-state and inter-state commerce and

has committed tortious acts of patent infringement within this district and also without this

district having injurious consequences within this district, and defendant Environmental is

otherwise within the jurisdiction of this Court.

15. In particular, upon information and belief, defendant Environmental is

offering for sale and/or selling into this district at least one product that infringes upon Bitros

558 patent, and/or is actively doing business in this district and thereby is, and has been,

regularly availing itself of the benefits of doing business in this district.

16. Due to these infringing activities, Bitro has sustained damages and

suffered irreparable harm in and to its existing and prospective business, and will continue to

sustain such damages and irreparable harm unless Environmental is permanently enjoined from

infringing the 558 patent.

17. Environmental had knowledge of and willfully, deliberately, and

intentionally infringed the claims of the 558 patent, rendering this an exceptional case pursuant
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to 35 U.S.C. 285, and entitling Bitro to enhanced damages and attorneys fees, along with a

permanent injunction.

PRAYER FOR RELIEF

WHEREFORE, Bitro seeks judgment in its favor and against Environmental as

follows:

a. Adjudging and decreeing that Environmental has infringed the 558

patent;

b. Permanently enjoining Environmental, its officers, agents, servants,

employees, and attorneys, and all persons in active concert or participation with it from

infringing the 558 patent;

c. Damages as allowed by law to compensate Bitro for Environmentals

infringement, together with prejudgment interest and costs of suit;

d. Adjudging Environmental a willful infringer and awarding Bitro treble

damages under 35 U.S.C. 284;

e. Declaring that this is an exceptional case under 35 U.S.C. 285, and

awarding reasonable attorneys fees and expenses to Bitro;

f. Adjudging Environmental an infringer of the 558 patent in violation of 35

U.S.C. 289, and awarding damages to Bitro to the extent of Environmentals total profit;

g. For such other and further relief as the Court may deem just and

appropriate.
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JURY DEMAND

Bitro requests a jury trial on all issues triable by jury.

Dated: August 24, 2017 By: /s/ Harris A. Wolin

Harris A. Wolin
Trial Counsel
Myers Wolin, LLC

Attorneys for Plaintiff

Bitro Group Inc.
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EXHIBIT A
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EXHIBIT B
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JS 44 (Rev. 07/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Bitro Group, Inc. ADVANCED LIGHTING CONCEPTS, INC.
300 Lodi St., D/B/A ENVIRONMENTALLIGHTS.COM,
Hackensack, NJ 07601 11235 W Bernado Ct., Suite 102, San Diego, CA 92127
(b) County of Residence of First Listed Plaintiff United States County of Residence of First Listed Defendant United States
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, Email and Telephone Number) Attorneys (If Known)
Myers Wolin, LLC
100 Headquarters Plaza, North Tower, 6th Floor, Morristown, NJ 07960
litigation@myerswolin.com, 973-401-7157

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts
362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. Injunction JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE Honorable William J. Martini, U.S.D.J. DOCKET NUMBER 2:16-cv-04995
DATE SIGNATURE OF ATTORNEY OF RECORD
08/24/2017 /Harris A. Wolin/
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Print Save As... Reset

 Case 2:17-cv-06392 Document 1-3 Filed 08/24/17 Page 2 of 2 PageID: 18
JS 44 Reverse (Rev. 07/16)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
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AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
District
__________ of New
District of Jersey
__________

Bitro Group, Inc.

)
)
Plaintiff
)
v. ) Civil Action No.
ADVANCED LIGHTING CONCEPTS, INC., )
D/B/A ENVIRONMENTALLIGHTS.COM, )
Defendant
)

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) ADVANCED LIGHTING CONCEPTS, INC.,

D/B/A ENVIRONMENTALLIGHTS.COM,
Suite 102
11235 W Bernardo Ct.
San Diego, CA 92127

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Harris A. Wolin
Myers Wolin, LLC
100 Headquarters Plaza
North Tower, 6th Floor
Morristown, NJ 07960
litigation@myerswolin.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

BITRO GROUP INC. : Civil Action No. _______________

Plaintiff, :
v. :
ADVANCED LIGHTING CONCEPTS, INC., :
D/B/A ENVIRONMENTALLIGHTS.COM, :
Defendant.
DISCLOSURE STATEMENT

BITRO GROUP INC.

The undersigned counsel for________________________________________________,
certifies that this party is a non-governmental corporate party and that:

G This partys parent corporation, and all publicly held corporations owning 10% or more
of this partys stock, are listed here:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

OR
G
X This party does not have a parent corporation, nor is there any publicly held corporation
that owns 10% or more of this partys stock.

/Harris A. Wolin/
_______________________________ Myers Wolin, LLC
__________________________________
Signature of Attorney Name of Firm

_______________________________
Harris A. Wolin 100 Headquarters Plaza
__________________________________
Print Name Address

August 24, 2017

_______________ Morristown, NJ 07960
________________________________________
Date City/State/ZIP Code

Instructions:
1. Disclosure Statement is to be filed as a separate document.
2. Select Case Type (Civil) from the menu bar at the top of the ECF screen.
3. Click on Other Documents.
4. Select Corporate Disclosure Statement.
5. Enter the case for which the Disclosure Statement is being filed.
6. Select the PDF document to file.
7. Select the party filing the Disclosure Statement.
8. If applicable, insert the name of the Corporate Parent or leave blank.
9. Proofread the docket text.
10. Submit the Disclosure Statement by clicking the NEXT button. DNJ-CMECF-005 (5/2/08)