Golight v. Pilot Automotive

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No.

GOLIGHT, INC.
a Nebraska corporation,

Plaintiff,

v.

PILOT AUTOMOTIVE, INC.
a California corporation,

Defendant.

COMPLAINT AND JURY DEMAND

Plaintiff Golight, Inc. ("Golight"), by and through its undersigned attorneys, for its
Complaint against Pilot Automotive, Inc. ("Defendant" or "Pilot Automotive") states as follows:
PARTIES
1. Golight is a Nebraska corporation, having its principal place of business at 37146
Old Hwy 17, Culbertson, NE 69024.
2. Upon information and belief, Defendant is a corporation formed under the laws of
California with its principal place of business at 13000 Temple Avenue, City of Industry, CA
91746.
JURISDICTION AND VENUE
3. This is a civil action for patent infringement arising under the patent laws of the
United States, 35 U.S.C. 101, et. seq.

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4. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331 and 1338(a).
5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400.
GENERAL ALLEGATIONS
6. Golight incorporates herein by reference each and every allegation in paragraphs
1 through 5.
7. U.S. Design Patent No. D515,228 ("the '228 Patent"), for a "Searchlight," was
duly and legally issued on February 14, 2006. A true and correct copy of the '228 Patent is
attached hereto as Exhibit 1. By assignment, Golight owns all right, title and interest in and to
the '228 Patent.
8. Upon information and belief, sometime after the '228 Patent issued, Pilot
Automotive began manufacture of or instructed another party to manufacture a searchlight like
the one shown and described in the '228 Patent.
9. Pilot Automotive has offered for sale and sold and continues to sell in the United
States searchlights that infringe the '228 Patent. Images of Pilot Automotive's searchlights are
shown in Exhibit 2.
10. Upon information and belief, Pilot Automotive has offered to sell and has sold at
least one searchlight that infringes the '228 Patent in the state of Colorado.
11. Golight, by correspondence dated April 19, 2013, informed Pilot Automotive of its
patent rights in and to Golight's searchlight products. A true and accurate copy of that letter is
attached hereto as Exhibit 3. On May 23, 2013, counsel for Pilot Automotive responded to

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Golight's April 19, 2013 correspondence. A true and accurate copy of that letter is attached
hereto as Exhibit 4.
12. Pilot Automotive maintains a website www.pilotautomotive.com and advertises
"Lighting" equipment on the website. Upon information and belief, Pilot Automotive has offered
for sale and/or sold infringing searchlights on its website, including to customers located in
Colorado.
FIRST CLAIM FOR RELIEF
(Infringement of the '228 Patent)

13. Golight incorporates herein by reference each and every allegation in paragraphs
1 through 12.
14. Defendant's activities in making, using, selling and/or offering to sell in the
United States and/or importing into the United States the searchlight constitutes direct
infringement of the '228 Patent, in violation of 35 U.S.C. 271(a).
15. Upon information and belief, Defendant is inducing direct infringement of the
'228 Patent by others by actively instructing, assisting, and/or encouraging others to practice one
or more of the inventions claimed in the '228 Patent, in violation of 35 U.S.C. 271(b).
16. Upon information and belief, Defendant is contributing to direct infringement of
the '228 Patent by others by directing others to manufacture one or more components which
constitute a material part of the invention defined by the claims of the '228 Patent, knowing the
same to be especially made or especially adapted for use in an infringement of the '228 Patent,
and which components are not staple articles or commodities of commerce suitable for
substantial non-infringing use, in violation of 35 U.S.C. 271(c).

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17. Defendant's actions of making, having made, importing, using or selling products
which infringe the '228 Patent have been, and are, willful, deliberate and/or in conscious
disregard of Golight's rights, making this an exceptional case within the meaning of 35 U.S.C.
285 and entitling Golight to an award of its attorneys' fees and treble damages.
18. Defendant's infringement of the '228 Patent has caused damage to Golight in an
amount to be ascertained at trial.
19. Defendant's infringement of the '228 Patent has caused and will continue to cause
irreparable injury to Golight, to which there exists no adequate remedy at law. Defendant's
infringement of the '228 Patent will continue unless enjoined by this Court.
PRAYER FOR RELIEF
WHEREFORE, Golight requests that judgment be entered in its favor and against
Defendant as follows:
A. Declaring that Defendant has infringed United States Design Patent No.
D515,228;
B. Issuing temporary, preliminary, and permanent injunctions enjoining Defendant,
its officers, agents, subsidiaries, and employees, and those in privity with or that act in concert
with any of the foregoing, from further activities that constitute infringement of United States
Design Patent No. D515,228, pursuant to 35 U.S.C. 283;
C. Awarding Golight damages arising out of Defendant's infringement of United
States Design Patent No. D515,228 in an amount not less than the entire profits realized for each
act of infringement pursuant to 35 U.S.C. 289, and trebling those damages pursuant to 35
U.S.C. 284, together with costs and pre- and post-judgment interest;

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D. Finding that this is an "exceptional case" within the meaning of 35 U.S.C. 285
and awarding reasonable attorneys' fees to Golight; and
H. Awarding Golight such further legal and equitable relief as the Court deems just
and proper.
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Golight demands a trial by
jury on all issues so triable.

DATED: May 12, 2014 Respectfully submitted,

By: s/ Ian R. Walsworth
Ian R. Walsworth
[email protected]
SHERIDAN ROSS P.C.
1560 Broadway, Suite 1200
Denver, Colorado 80202-5141
Telephone: 303-863-9700
Facsimile: 303-863-0223
E-mail: [email protected]

ATTORNEYS FOR PLAINTIFF
GOLIGHT, INC.

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

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