Nox Lighting v. Hartman - Complaint

Case 3:17-cv-00555 Document 1 Filed 09/11/17 Page 1 of 13
1 Ian F. Burns, Esq.

Nevada Bar No. 4549
2 Ryan J. Cann, Esq.
Nevada Bar No. 11073
3 ATIP Law
4790 Caughlin Parkway #701
4 Reno, NV 89519
775-826-6160
5 [email protected]
[email protected]
6 Attorneys for Plaintiff
7 UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9 NOX LIGHTING, LLC

Plaintiff, Case No.:
10 vs.
11
MICHAEL HARTMAN, an individual, and COMPLAINT FOR DECLARATORY
JUDGEMENT OF NON-INFRINGEMENT
12 HARTMAN DESIGN INC., a Pennsylvania
corporation d/b/a INTEGRAL LIGHTING, DEMAND FOR JURY TRIAL
13
Defendants
14
15 Plaintiff, Nox Lighting LLC, a Nevada limited liability company (Nox) complains of defendants
16
Michael Hartman (Hartman), an individual and Hartman Design, Inc., a Pennsylvania corporation
17
d/b/a Integral Lighting (Integral), and alleges as follows:
18
19
20 JURISDICTION AND VENUE

21
22
1. This is a civil action arising under the declaratory judgement act pursuant to Title 28 U.S.C.
23
2201, 2202, and the Patent Act, Title 35 U.S.C. 101, et seq. Jurisdiction lies in this Court
24
25 pursuant to 28 U.S.C. 1331, 1338, and 2201. Nox is informed and believes that Defendants are
26 subject to personal jurisdiction in this Court and is amenable to service of process pursuant to Fed.
27
R. Civ. P. 4(e) and 4(h).
28
1 2. Venue in this Judicial District is proper under 28 U.S.C. 1391 and 1400(b).
2
3
3. This is an action for declaratory judgement of patent non-infringement and invalidity, pursuant to
4
5 28 U.S.C. 2201, for the purpose of resolving questions of actual controversy between the parties,
6 as stated in greater detail herein below.

7
8
THE PARTIES
9
10
11 4. Plaintiff Nox Lighting, LLC is a limited liability company organized and existing under the laws
12 of the State of Nevada with a principal place of business within this judicial district at 3025 Mill
13
Street, Reno, Nevada 89502.
14
15
5. Nox is in the business of, inter alia, making, advertising for sale, and selling a wide range of
16
17 hardscape lighting fixtures and related products.

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19
6. Upon information and belief, defendant Hartman is an individual who has an address at 51 N. Elm
20
Street, Wernersville, PA 19565-1209.
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22
23 7. Upon information and belief, defendant Hartman Design, Inc. is a corporation that is organized
24
and existing under the laws of the State of Pennsylvania and does business under the name
25
Integral Lighting at 51 N. Elm Street, Wernersville, PA 19565-1209.
26
27
28 8. Upon information and belief, Defendants are in the business of selling lighting fixtures.
1 9. On information and belief, defendants Hartman and/or Integral (hereinafter collectively and
2
singularly referred to as Defendants) are the owners of U.S. Utility Patent No. 8,066,398 (the
3
398 patent) entitled Lamp and Illuminated Hardscape. A true and correct copy of the 398
4
5 patent is attached hereto as Exhibit 1.
7
10. On information and belief, Defendants are the owners of U.S. Utility Patent No. 8,672,502 (the
8
9
patent is attached hereto as Exhibit 2.
10
11
12 11. On information and belief, Defendants are the owners of U.S. Utility Patent No. 9,618,170 (the
13
14
patent is attached hereto as Exhibit 3.
15
16
17 12. On information and belief, Defendants are the owners of U.S. Design Patent No. D576,763 (the
18 D763 patent) entitled Light Fixture. A true and correct copy of the D763 patent is attached
19
hereto as Exhibit 4.
20
21
22
FIRST CLAIM FOR RELIEF
23 (Declaratory Judgement of Non-Infringement of U.S. Patent No. 8,066,398)

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25
13. Nox hereby incorporates paragraphs 1-12, inclusive, herein by this reference.
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27
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1 14. On information and belief, defendant Integral offers for sale and sells a product (Integrals
2
Product) that contains the invention claimed in the 398 patent. A true and correct copy of
3
printouts from defendant Integrals website showing a photo of Integrals Product (http://integral-
4
5 lighting.com/product/il6-xxx-500-led/) and a diagram of Integrals Product (http://integral-
6 lighting.com/wp-content/uploads/2017/03/Integral-Lighting-Specification-Sheet-
7
IL6.xxx_.500.pdf) are attached collectively hereto as Exhibit 5.
8
9
15. On information and belief, Integrals Product is offered for sale and sold at dealers located
10
11 throughout the State of Nevada, and in this Judicial District, as can be seen on a page at Integrals
12 website (http://integral-lighting.com/purchase/), a screenshot of which is attached hereto as

13
Exhibit 6.
14
15
16. Plaintiff Nox offers for sale and sells a product that it refers to as a LED Retaining Wall Light
16
17 (the Nox product). A printout from Noxs website (https://noxlighting.com/collections/light-

18 fixtures/products/led-retaining-wall-light) showing photos of the Nox product is attached hereto as
19
Exhibit 7.
20
21
22
17. Defendants attorney, Gary A. Hecht, mailed a letter dated June 9, 2017 addressed to Eric
23 Thompson, President of Parkerr Hardscape Supply, and John Torres, of Nox Lighting LLC, at
24
3025 Mill Street, Reno, NV 89502, in which he states It has come to our attention that Parker
25
Hardscape Supply, Inc., through its related company [Nox] (collectively Parker and Nox), has
26
been manufacturing and/or offering to sell in the U.S. products that infringe the Integral Lighting
27
28 Patents. These products include the lamp depicted in Exhibit A and those which are shown at
1 noxlighting.com. Your manufacturing and/or offering to sell these products in the U.S. constitutes
2
infringement of the Integral Lighting Patents under the federal patent statute (35 U.S.C. 271)
3
and [i]n the event that you fail or refuse to comply fully with this demand, please be advised that
4
5 our client will take all steps necessary to protect its intellectual property. A true and correct copy
6 of this June 9, 2017 letter is attached hereto as Exhibit 8.

7
8
18. The manufacture, offer for sale and sale of the Nox product does not infringe any valid claims of
9
the 398 patent.
10
11
12 19. In view of the foregoing, Nox has been brought into an adversarial conflict with Defendants
13
regarding Noxs rights to continue to make, sell, and advertise for sale the Nox product and Nox
14
has a real and reasonable apprehension of litigation being brought by Defendants. Accordingly,
15
the aforesaid actions, accusations and demands have given rise to a cause of actual and triable
16
17 controversy within the jurisdiction of this Court pursuant to 28 U.S.C. 2201 and 2202.
18 Accordingly, Nox seeks a declaration that the Nox product does not infringe the 398 patent.
19
20
SECOND CLAIM FOR RELIEF
21
22
(Declaratory Judgement of Non-Infringement of U.S. Patent No. 9,618,170)
23 20. Nox hereby repeats, realleges and incorporates by reference paragraphs 1 through 19, inclusive, of
24
this Complaint as though fully set forth herein.
25
26
21. On information and belief, defendant Integral offers for sale and sells a product (Integrals
27
28 Product) that contains the invention claimed in the 170 patent. Exhibit 5 includes a true and
1 correct copy of printouts from defendant Integrals website showing a photo of Integrals Product
2
(http://integral-lighting.com/product/il6-xxx-500-led/) and a diagram of Integrals Product
3
(http://integral-lighting.com/wp-content/uploads/2017/03/Integral-Lighting-Specification-Sheet-
4
5 IL6.xxx_.500.pdf).
7
22. The manufacture, offer for sale and sale of the Nox product does not infringe any valid claims of
8
the 170 patent.
9
10
11 23. In view of the foregoing, Nox has been brought into an adversarial conflict with Defendants
12 regarding Noxs rights to continue to make, sell, and advertise for sale the Nox product and Nox
13
14
15
controversy within the jurisdiction of this Court pursuant to 28 U.S.C. 2201 and 2202.
16
17 Accordingly, Nox seeks a declaration that the Nox product does not infringe the 170 patent.
18
19
THIRD CLAIM FOR RELIEF
20
(Declaratory Judgement of Non-Infringement of U.S. Patent No. D576,763)
21
22
24. Nox hereby repeats, realleges and incorporates by reference paragraphs 1 through 23, inclusive, of
23 this Complaint as though fully set forth herein.

24
25
26
Product) that contains the invention claimed in the D763 patent. Exhibit 5 includes a true and
27
28 correct copy of printouts from defendant Integrals website showing a photo of Integrals Product
1 (http://integral-lighting.com/product/il6-xxx-500-led/) and a diagram of Integrals Product

2
3
IL6.xxx_.500.pdf).
4
6 26. The manufacture, offer for sale and sale of the Nox product does not infringe any valid claims of
7
the D763 patent.
8
9
27. In view of the foregoing, Nox has been brought into an adversarial conflict with Defendants
10
12 has a real and reasonable apprehension of litigation being brought by Defendants. Accordingly,
13
14
15
Accordingly, Nox seeks a declaration that the Nox product does not infringe the D763 patent.
16
17
18 FOURTH CLAIM FOR RELIEF

19
(Declaratory Judgement of Invalidity of U.S. Patent No. 8,672,502)
20
28. Nox hereby repeats, realleges and incorporates by reference paragraphs 1 through 27, inclusive, of
21
22
23
24
25
Product) that contains the invention claimed in the 502 patent. Exhibit 5 includes a true and
26
correct copy of printouts from defendant Integrals website showing a photo of Integrals Product
27
28 (http://integral-lighting.com/product/il6-xxx-500-led/) and a diagram of Integrals Product

1 (http://integral-lighting.com/wp-content/uploads/2017/03/Integral-Lighting-Specification-Sheet-
2
IL6.xxx_.500.pdf).
3
5 30. Claim 1 of the 502 patent includes a limitation requiring a light fixture, including at least one
6 light source, attached relative to said plate such that said light sources is on the underside of said
7
plate within the given perimeter and proximate the projection portion. See Exhibit 2 (emphasis
8
added). Claim 10 of the 502 patent includes a limitation requiring that the light source is on the
9
underside of said plate within the given perimeter and proximate the projection portion. See
10
11 Exhibit 2 (emphasis added). Claim 11 requires that the light source distributes light away from,
12 but not forwardly parallel, relative to the plate underside. See Exhibit 2 (emphasis added).
13
14
31. The underlined language from the claims of the 502 patent (as emphasized in paragraph 30
15
herein) does not appear in, and is not referenced by, the specification of the 502 patent. See
16
17 Exhibit 2.
18
19
20
herein) is ambiguous and unclear.
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22
23
25
26
27
28
Accordingly, Nox seeks a declaration that the 502 patent is invalid because the purported
1 inventions therein fail to meet the conditions for patentability specified in 35 U.S.C. 101 et
2
seq., including but limited to 35 U.S.C. 102, 103, and 112, and nonstatutory common law
3
doctrines.
4
6 34. By way of example and without limiting the grounds of invalidity that will be asserted in this
7
action, each claim of the 502 patent is invalid for failure to satisfy the written description
8
requirement of 35 U.S.C. 112 as further explained in paragraphs 28-33 herein.
9
10
11 35. By way of further example and without limiting the grounds of invalidity that will be asserted in
12 this action, each claim of the 502 patent is invalid for failure to satisfy the enablement
13
14
15
FIFTH CLAIM FOR RELIEF
16
17 (Declaratory Judgement of Invalidity of U.S. Patent No. 9,618,170)

19
20
21
22
24
25
26
27
28 IL6.xxx_.500.pdf).
2
38. Claim 1 and claim 8 of the 170 patent include a limitation requiring said lamp comprising a
3
supporting structure positioned between at least two of said discrete elements and that said light
4
5 source distributes light substantially parallel to the riser. See Exhibit 3 (emphasis added). Claim
6 6 and claim 13 of the 170 patent include a limitation requiring the step of securing a supporting
7
structure of a lamp such that a light source of the lamp distributes light substantially parallel to
8
the outwardly facing surface. See Exhibit 3 (emphasis added).
9
10
11 39. The underlined language from the claims of the 170 patent (as emphasized in paragraph 36
12 herein) does not appear in, and is not referenced by, the specification of the 170 patent. See
13
Exhibit 3.
14
15
16
17 herein) is ambiguous and unclear.

18
19
20
regarding Noxs rights to continue to make, sell, and advertise for sale the Nox product and Nox
21
22
23 the aforesaid actions, accusations and demands have given rise to a cause of actual and triable
24
25
Accordingly, Nox seeks a declaration that the 170 patent is invalid because the purported
26
inventions therein fail to meet the conditions for patentability specified in 35 U.S.C. 101 et
27
28
1 seq., including but limited to 35 U.S.C. 102, 103, and 112, and nonstatutory common law
2
doctrines.
3
6 action, each claim of the 170 patent is invalid for failure to satisfy the written description
7
8
9
43. By way of further example and without limiting the grounds of invalidity that will be asserted in
10
11 this action, each claim of the 502 patent is invalid for failure to satisfy the enablement
12 requirement of 35 U.S.C. 112 as further explained in paragraphs 36-41 herein.

13
14
SIXTH CLAIM FOR RELIEF
15
(Declaratory Judgement of Invalidity of U.S. Patent No. 8,066,398)
16
17
19
20
21
22
24
25
26
27
28 IL6.xxx_.500.pdf).
2
46. Upon information and belief, the claims of the 398 patent should be invalidated as covering or
3
allegedly covering subject matter that was prior art before Hartman applied for patent protection.
4
6 47. The 398 patent is invalid because the purported inventions therein fail to meet the conditions for
7
patentability specified in 35 U.S.C. 101 et seq., including but limited to 35 U.S.C. 102 and
8
103, and nonstatutory common law doctrines.
9
10
12 action, the claims of the 398 patent are invalid because the difference between the subject matter
13
of such claims and the prior art is such that the subject matter as a whole would have been obvious
14
at the time the invention was made to a person having ordinary skill in the art to which the subject
15
matter of the invention pertains as set forth in 35 U.S.C. 103.
16
17
18 PRAYER FOR RELIEF

19
20
WHEREFORE, Nox respectfully requests that this Court enter judgement in its favor and against
21
22
defendants Hartman and Integral, and grant the following relief:
23
24
1. A declaration that Nox does not infringe any claims contained within U.S. Patent No.
25
8,066,398, U.S. Patent No. 9,618,170, or U.S. Patent No. D576,763;
26
27
28
1 2. A declaration that U.S. Patent No. 8,672,502, U.S. Patent No. 9,618,170, and U.S. Patent
2
No. 8,066,398 are invalid;
3
5 3. That Defendants be enjoined from asserting U.S. Patent No. 8,066,398, U.S. Patent No.
6 8,672,502, U.S. Patent No. 9,618,170, or U.S. Patent No. D576,763 against Nox or taking
7
any action to prevent Nox from making, selling, advertising for sale, or importing the Nox
8
product and related products into the United States;
9
10
11 4. A determination pursuant to 35 U.S.C. 285 that this is an exceptional case, and an award
12 to Nox of its reasonable attorneys fees and expenses incurred in this action; and
13
14
5. Such other relief as the Court deems just and proper.
15
16
17
18
19 2017 September 11, 2017 /s/ Ian Burns
20 Ian F. Burns, Esq.

Nevada Bar No. 4549
21
Ryan J. Cann, Esq.
22 Nevada Bar No. 11073
ATIP Law
23 4790 Caughlin Parkway #701
24
Reno, NV 89519
775-826-6160
25 [email protected]
[email protected]
26 Attorneys for Plaintiff
27
28
Case 3:17-cv-00555 Document 1-1 Filed 09/11/17 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
__________ of Nevada
District of __________
NOX LIGHTING, LLC, a Nevada limited liabitiliy )

company, )
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
MICHAEL HARTMAN, an individual )
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address) MICHAEL HARTMAN

201 Sweitzer RD
Reading, PA 19608
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:
MICHAEL HARTMAN
201 Sweitzer RD
Reading, PA 19608
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
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
I personally served the summons on the individual at (place)

on (date) ; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
I returned the summons unexecuted because ; or
Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
__________ of Nevada
District of __________
NOX LIGHTING, LLC, A Nevada limited liability )

company, )
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
HARTMAN DESIGN INC., a Pennsylvania corporation )
d/b/a INTEGRAL LIGHTING
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address) HARTMAN DESIGN INC.

INTEGRAL LIGHTING
c/o MICHAEL HARTMAN
201Sweitzer RD
Reading, PA 19608
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:
HARTMAN DESIGN INC.
INTEGRAL LIGHTING
c/o MICHAEL HARTMAN
201 Sweitzer RD
Reading, PA 19608
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
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
I personally served the summons on the individual at (place)

on (date) ; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
I returned the summons unexecuted because ; or
Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:

JS 44 (Rev. 06/17) 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

NOX LIGHTING, LLC MICHAEL HARTMAN, an individual, and HARTMAN DESIGN INC,
d/b/a INTEGRAL LIGHTING
(b) County of Residence of First Listed Plaintiff Washoe County of Residence of First Listed Defendant Berks
(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, and Telephone Number) Attorneys (If Known)
Ian F. Burns, Ryan J. Cann, ATIP Law, 4790 Caughlin Parkway # 701
Reno, NV 89519
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) Click here for: Nature of Suit Code Descriptions.
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 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts
362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters
Medical Malpractice Leave Act 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act 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):
28 U.S.C. 2201
VI. CAUSE OF ACTION Brief description of cause:
Complaint for Declaratory Judgement of Non-Infrignemant / Demand for Jury Trail
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. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
09/11/2017 /s/ Ian Burns
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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EXHIBIT 1
15 The 398 Patent
16 (11 pages)
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EXHIBIT 1
The '398 Patent
page 1 of 11
EXHIBIT 1
The '398 Patent
page 2 of 11
EXHIBIT 1
The '398 Patent
page 3 of 11
EXHIBIT 1
The '398 Patent
page 4 of 11
EXHIBIT 1
The '398 Patent
page 5 of 11
EXHIBIT 1
The '398 Patent
page 6 of 11
EXHIBIT 1
The '398 Patent
page 7 of 11
EXHIBIT 1
The '398 Patent
page 8 of 11
EXHIBIT 1
The '398 Patent
page 9 of 11
EXHIBIT 1
The '398 Patent
page 10 of 11
EXHIBIT 1
The '398 Patent
page 11 of 11
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EXHIBIT 2
15 The 502 Patent
16 (11 pages)
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EXHIBIT 2
The '502 Patent
page 1 of 11
EXHIBIT 2
The '502 Patent
page 2 of 11
EXHIBIT 2
The '502 Patent
page 3 of 11
EXHIBIT 2
The '502 Patent
page 4 of 11
EXHIBIT 2
The '502 Patent
page 5 of 11
EXHIBIT 2
The '502 Patent
page 6 of 11
EXHIBIT 2
The '502 Patent
page 7 of 11
EXHIBIT 2
The '502 Patent
page 8 of 11
EXHIBIT 2
The '502 Patent
page 9 of 11
EXHIBIT 2
The '502 Patent
page 10 of 11
EXHIBIT 2
The '502 Patent
page 11 of 11
10
11
12
13
14
EXHIBIT 3
15 The 170 Patent
16 (12 pages)
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 3
The '170 Patent
page 1 of 12
EXHIBIT 3
The '170 Patent
page 2 of 12
EXHIBIT 3
The '170 Patent
page 3 of 12
EXHIBIT 3
The '170 Patent
page 4 of 12
EXHIBIT 3
The '170 Patent
page 5 of 12
EXHIBIT 3
The '170 Patent
page 6 of 12
EXHIBIT 3
The '170 Patent
page 7 of 12
EXHIBIT 3
The '170 Patent
page 8 of 12
EXHIBIT 3
The '170 Patent
page 9 of 12
EXHIBIT 3
The '170 Patent
page 10 of 12
EXHIBIT 3
The '170 Patent
page 11 of 12
EXHIBIT 3
The '170 Patent
page 12 of 12
EXHIBIT 3
The '170 Patent
page 12 of 12
10
11
12
13
14
EXHIBIT 4
15 The D763 Patent
16 (6 pages)
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 4
The D763 Patent
page 1 of 6
EXHIBIT 4
The D763 Patent
page 2 of 6
EXHIBIT 4
The D763 Patent
page 3 of 6
EXHIBIT 4
The D763 Patent
page 4 of 6
EXHIBIT 4
The D763 Patent
page 5 of 6
EXHIBIT 4
The D763 Patent
page 6 of 6
10
11
12
13
14
EXHIBIT 5
15 Integrals Product
16 (3 pages)
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 5
Integral's Product
page 1 of 3
EXHIBIT 5
Integral's Product
page 2 of 3
Copper .105 Brass .125 Ant Brass .125a Stainless .150 Black .200 Bronze .225 Clay .250 Putty .275 Brick Red .300
White .325 Bone .350 Sand .375 Mud .400 Terracotta .425 Pebble .450 Stone .475 Slate .500 Concrete .780 Concrete .790
EXHIBIT 5 Copyright 2017 Hartman Design, Inc.

Integral's Product
page 3 of 3
10
11
12
13
14
EXHIBIT 6
15 Integrals Product for sale
16 in the State of Nevada
17 (1 page)
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 6
Intergral's Product for sale in the State of Nevada
page 1 of 1
10
11
12
13
14
EXHIBIT 7
15 Noxs Product
16 (2 pages)
17
18
19
20
21
22
23
24
25
26
27
28
*FREE SH I PPING* for orders over $250
Nox Lighting
Home LED Fixtures Lighting Kits Parts and Accessories All Products Contact Us I Log in or create an account I Your cart is empty
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EXHIBIT 7
Nox's Product
Warranty: page 1 of 2
EXHIBIT 7
Nox's Product
page 2 of 2
10
11
12
13
14
EXHIBIT 8
15 Cease and Desist Letter
16 (3 pages)
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 8
Cease and Desist Letter
page 1 of 3
EXHIBIT 8
page 2 of 3
EXHIBIT 8
page 3 of 3
INDEX OF EXHIBITS
1
3 EXHIBIT 1: The 398 Patent.

4
U.S. Utility Patent No. 8,066,398 (the 398 patent) entitled Lamp and
5 Illuminated Hardscape.
6
EXHIBIT 2: The 502 Patent.
7
9
EXHIBIT 3: The 170 Patent.
10
12
EXHIBIT 4: The D763 Patent.
13
U.S. Design Patent No. D576,763 (the D763 patent) entitled Light Fixture.
14
15
EXHIBIT 5: Integrals Product.
16 Printouts from defendant Integrals website showing a photo of Integrals Product

(http://integral-lighting.com/product/il6-xxx-500-led/) and a diagram of Integrals
17
Product (http://integral-lighting.com/wp-content/uploads/2017/03/Integral-
18 Lighting-Specification-Sheet-IL6.xxx_.500.pdf).
19 EXHIBIT 6: Integrals Product for sale in the State of Nevada.
Screenshot of Integrals website (http://integral-lighting.com/purchase/), showing

20
21 Integrals Product is offered for sale and sold at dealer(s) located throughout the
State of Nevada, and in this Judicial District.
22
EXHIBIT 7: Noxs Product.
23
24 A printout from Noxs website (https://noxlighting.com/collections/light-

fixtures/products/led-retaining-wall-light) showing photos of the Nox product.
25
26
EXHIBIT 8: Cease and Desist Letter.
27 Letter from Defendants attorney, Gary A. Hecht, dated June 9, 2017 addressed to
Eric Thompson, President of Parket Hardscape Supply, and John Torres, of Nox
28
Lighting LLC, at 3025 Mill Street, Reno, NV 89502.

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Case 3:17-cv-00555 Document 1 Filed 09/11/17 Page 1 of 13

1 Ian F. Burns, Esq.

9 NOX LIGHTING, LLC

20 JURISDICTION AND VENUE

6 as stated in greater detail herein below.

17 hardscape lighting fixtures and related products.

5 patent is attached hereto as Exhibit 1.

23 (Declaratory Judgement of Non-Infringement of U.S. Patent No. 8,066,398)

5 lighting.com/product/il6-xxx-500-led/) and a diagram of Integrals Product (http://integral-

12 website (http://integral-lighting.com/purchase/), a screenshot of which is attached hereto as

17 (the Nox product). A printout from Noxs website (https://noxlighting.com/collections/light-

6 of this June 9, 2017 letter is attached hereto as Exhibit 8.

23 this Complaint as though fully set forth herein.

1 (http://integral-lighting.com/product/il6-xxx-500-led/) and a diagram of Integrals Product

18 FOURTH CLAIM FOR RELIEF

28 (http://integral-lighting.com/product/il6-xxx-500-led/) and a diagram of Integrals Product

17 (Declaratory Judgement of Invalidity of U.S. Patent No. 9,618,170)

17 herein) is ambiguous and unclear.

12 requirement of 35 U.S.C. 112 as further explained in paragraphs 36-41 herein.

18 PRAYER FOR RELIEF

19 2017 September 11, 2017 /s/ Ian Burns

20 Ian F. Burns, Esq.

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

NOX LIGHTING, LLC, a Nevada limited liabitiliy )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) MICHAEL HARTMAN

A lawsuit has been filed against you.

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

This summons for (name of individual and title, if any)

I personally served the summons on the individual at (place)

I served the summons on (name of individual) , who is

I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

NOX LIGHTING, LLC, A Nevada limited liability )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) HARTMAN DESIGN INC.

A lawsuit has been filed against you.

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

This summons for (name of individual and title, if any)

I personally served the summons on the individual at (place)

I served the summons on (name of individual) , who is

I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc:

I. (a) PLAINTIFFS DEFENDANTS

Citizen or Subject of a 3 3 Foreign Nation 6 6

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

EXHIBIT 5 Copyright 2017 Hartman Design, Inc.

Become a fan on Facebook LED Retaining Wall Light by Nox

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