DCT

2:18-cv-00100

Ultravision Tech LLC v. Govision LLC

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Key Events
Amended Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:18-cv-00100, E.D. Tex., 05/27/2020
  • Venue Allegations: Venue is alleged to be proper because the Defendant is a foreign corporation not resident in the United States and may therefore be sued in any judicial district.
  • Core Dispute: Plaintiff alleges that Defendant’s various series of LED display products infringe nine U.S. patents related to the construction, servicing, waterproofing, and thermal management of modular digital signs.
  • Technical Context: The technology concerns large-scale, modular LED displays, a cornerstone of the modern digital out-of-home advertising market for applications such as billboards and public information screens.
  • Key Procedural History: The operative complaint is a First Amended Complaint, filed May 27, 2020. The complaint notes that an original complaint was filed on March 27, 2018, establishing an earlier date for Defendant's alleged knowledge of at least some of the patents-in-suit.

Case Timeline

Date Event
2013-12-31 Earliest Priority Date for ’272, ’782, ’294, ’603, ’869, ’372 Patents
2014-03-09 Earliest Priority Date for ’791 and ’105 Patents
2014-07-16 Earliest Priority Date for ’904 Patent
2015-06-02 ’791 Patent Issued
2015-12-08 ’904 Patent Issued
2017-05-02 ’272 Patent Issued
2017-05-30 ’105 Patent Issued
2018-03-13 ’782 Patent Issued
2018-03-27 Original Complaint Filing Date
2018-05-22 ’294 Patent Issued
2018-05-29 ’603 Patent Issued
2018-06-05 ’869 Patent Issued
2019-04-02 ’372 Patent Issued
2020-05-27 First Amended Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,047,791: “Sign Construction with Sectional Sign Assemblies and Installation Kit and Method of Using Same,” issued June 2, 2015

The Invention Explained

  • Problem Addressed: The patent’s background section describes the process of retrofitting conventional, non-digital billboards as being expensive, time-consuming, and labor-intensive, often requiring the replacement of structural components (’791 Patent, col. 1:44-53).
  • The Patented Solution: The invention provides a modification kit composed of sectional sign assemblies that can be mounted directly onto an existing signage structure to convert it into a digital display. The solution includes a plurality of sign sections, each containing bays for display modules, and a pre-configured power routing system to simplify installation (’791 Patent, col. 2:4-49; Abstract).
  • Technical Importance: This approach allows for the modernization of existing billboard infrastructure to digital displays without requiring complete structural replacement, potentially reducing costs, labor, and downtime associated with such upgrades (’791 Patent, col. 1:54-67).

Key Claims at a Glance

  • The complaint asserts at least independent claim 12 (Compl. ¶27).
  • Essential elements of Claim 12 include:
    • A sign construction comprising a plurality of display modules.
    • A plurality of sign sections, each with a front-facing and rear-facing portion.
    • The front portion defines at least two vertical columns of bays to receive the display modules.
    • The rear portion is configured for attachment to an existing signage structure, leaving most of the rear surface exposed for servicing.
    • A plurality of power routing systems with nodes and power extensions for distributing power to the bays.
  • The complaint alleges infringement of "one or more claims," reserving the right to assert others (Compl. ¶27).

U.S. Patent No. 9,207,904: “Multi-Panel Display with Hot Swappable Display Panels and Methods of Servicing Thereof,” issued December 8, 2015

The Invention Explained

  • Problem Addressed: Servicing large-scale digital displays is often disruptive, as traditional repair methods require powering down the entire sign, leading to operational downtime and lost revenue (’904 Patent, col. 1:33-41).
  • The Patented Solution: The invention claims a method for "hot swapping" a defective display panel. This process allows a technician to identify, disconnect, remove, and replace a faulty panel while the other panels on the multi-panel display remain powered on and continue to display content (’904 Patent, Abstract; col. 2:13-33).
  • Technical Importance: This method of live servicing minimizes display downtime, which is a critical factor for operators of digital billboards where continuous operation is directly tied to advertising revenue (’904 Patent, col. 1:33-41).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶42).
  • Essential elements of Claim 1 include the method steps of:
    • Providing access to a multi-panel display where panels are mounted on a mechanical support structure.
    • Identifying a defective panel.
    • Without powering down the multi-panel display, disconnecting the electrical connection to, and removing, the defective panel.
    • Attaching a replacement display panel at the location of the defective panel.
    • Connecting power to the replacement panel, while one or more of the remaining panels continue to display content.
  • The complaint alleges infringement of "one or more claims," reserving the right to assert others (Compl. ¶42).

U.S. Patent No. 9,642,272: “Method for Modular Multi-Panel Display Wherein Each Display is Sealed to be Waterproof and Includes Array of Display Elements Arranged to Form Display Panel Surface,” issued May 2, 2017

  • Technology Synopsis: This patent describes a method for creating a large, waterproof multi-panel display. The method involves assembling a mechanical support structure and then detachably mounting a plurality of individually waterproof-sealed display panels to it, allowing the final assembly into an integrated display at a different location from where the sub-assemblies were first put together (Compl. ¶¶58-68).
  • Asserted Claims: At least independent claim 1 is asserted (Compl. ¶58).
  • Accused Features: The complaint alleges that Defendant’s ODsn, SEfl, and CFOsn series products infringe the ’272 Patent (Compl. ¶58).

U.S. Patent No. 9,666,105: “Sign Construction with Modular Wire Harness Arrangements and Methods of Using Same for Backside to Frontside Power and Data Distribution Schemes,” issued May 30, 2017

  • Technology Synopsis: This patent relates to the power distribution within a modular sign. It claims a sign construction with at least one structural frame defining bays for display modules and a preformed wiring harness for routing low-voltage power within those bays, featuring specific nodes for power introduction and distribution to different columns or individual bays (Compl. ¶¶79-82).
  • Asserted Claims: At least independent claim 15 is asserted (Compl. ¶78).
  • Accused Features: The complaint alleges that Defendant’s ODsn, SEfl, and CFOsn series products infringe the ’105 Patent (Compl. ¶78).

U.S. Patent No. 9,916,782: “Modular Display Panel,” issued March 13, 2018

  • Technology Synopsis: This patent describes a waterproof, modular display panel with specific thermal management features. The invention includes a shell made of a first thermally conductive material with plastic sidewalls, a printed circuit board (PCB) with LEDs, a driver circuit, a power supply, and a second thermally conductive material between the power supply and the outer back side of the panel (Compl. ¶¶95-102).
  • Asserted Claims: At least independent claim 1 is asserted (Compl. ¶94).
  • Accused Features: The complaint alleges that Defendant’s ODsn, SEfl, and CFOsn series products infringe the ’782 Patent (Compl. ¶94).

U.S. Patent No. 9,978,294: “Modular Display Panel,” issued May 22, 2018

  • Technology Synopsis: This patent claims a modular display panel designed for outdoor use without a separate waterproof enclosure. Key features include a plastic casing with a recess for a PCB, a plurality of LEDs arranged as pixels, a sealing compound, a framework of louvers, and a passively cooled design (Compl. ¶¶116-129).
  • Asserted Claims: At least independent claim 22 is asserted (Compl. ¶115).
  • Accused Features: The complaint alleges that Defendant’s ODsn, SEfl, and CFOsn series products infringe the ’294 Patent (Compl. ¶115).

U.S. Patent No. 9,984,603: “Modular Display Panel,” issued May 29, 2018

  • Technology Synopsis: This patent focuses on a modular display panel with thermal dissipation architecture. It describes a thermally conductive casing disposed at the back of a PCB, where the casing contacts the PCB and has plastic sidewalls. A heat conducting structure is placed between the power supply and the back surface of the casing (Compl. ¶¶142-152).
  • Asserted Claims: At least independent claim 1 is asserted (Compl. ¶141).
  • Accused Features: The complaint alleges that Defendant’s ODsn, SEfl, and CFOsn series products infringe the ’603 Patent (Compl. ¶141).

U.S. Patent No. 9,990,869: “Modular Display Panel,” issued June 5, 2018

  • Technology Synopsis: This patent claims a waterproof, modular display panel with an externally mounted power supply. The panel includes a plastic casing, a PCB with LEDs, a potting compound over the PCB, and a circuit for controlling the LEDs disposed within the casing. A thermally conductive material is located proximate to the external power supply to extract heat (Compl. ¶¶168-176).
  • Asserted Claims: At least independent claim 19 is asserted (Compl. ¶167).
  • Accused Features: The complaint alleges that Defendant’s ODsn, SEfl, and CFOsn series products infringe the ’869 Patent (Compl. ¶167).

U.S. Patent No. 10,248,372: “Modular Display Panels,” issued April 2, 2019

  • Technology Synopsis: This patent relates to a modular display panel with specific dimensional and pixel pitch characteristics. It claims a casing with a substantially rectangular perimeter where the height is half the width, and an array of LEDs spaced by a predetermined constant pitch that does not depend on the height and width of the panel (Compl. ¶¶189-195).
  • Asserted Claims: At least independent claim 1 is asserted (Compl. ¶188).
  • Accused Features: The complaint alleges that Defendant’s CFOsn and MOsn series products infringe the ’372 Patent (Compl. ¶188).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are Defendant’s LED Displays, identified as the IDsn, ODsn, SEfl, TVsn, CFOsn, and MOsn series products (Compl. ¶18).

Functionality and Market Context

  • The complaint alleges these products are modular LED displays intended for assembly into larger digital signs (Compl. ¶¶18, 28, 43). An image of Defendant's TVsn series product shows a panel with both a front display surface and a rear housing with a handle, consistent with a modular design (Compl. ¶22). The various infringement counts allege these products incorporate features such as specific structural frames, preformed wiring harnesses, waterproof sealing, and thermal management systems, and enable methods such as hot-swapping defective panels (Compl. ¶¶28-30, 43-47, 61, 79, 95). The complaint does not provide sufficient detail for analysis of the products' market positioning beyond their function as LED displays.

IV. Analysis of Infringement Allegations

9,047,791 Patent Infringement Allegations

Claim Element (from Independent Claim 12) Alleged Infringing Functionality Complaint Citation Patent Citation
a sign construction comprising: a plurality of display modules; Each of the accused IDsn, ODsn, SEfl, and TVsn series products comprises a plurality of display modules. ¶28 col. 2:13-14
a plurality of sign sections, each having a front-facing portion and a rear-facing portion, Each of the accused products comprises a plurality of sign sections with front and rear portions. ¶29 col. 2:15-17
the front portion defining at least two vertical columns of bays that span and define a height of the sign, each bay configured to receive one of the display modules, The front portion of the accused products' sign sections defines at least two vertical columns of bays, with each bay configured to receive a display module. ¶29 col. 2:17-21
the rear portion configured to be attached to a beam surface of the existing signage structure to allow most off a rear surface of the rear portion to be exposed for servicing. The rear portion of the accused products' sign sections is configured to attach to a signage structure, allowing the rear surface to be exposed for servicing. ¶29 col. 2:21-25
a plurality of power routing systems each including at least one node associated with each sign section with a plurality of individual power extensions each extending from one node to one of the bays. Each of the accused products comprises a plurality of power routing systems with at least one node per sign section and power extensions extending from the node to the bays. ¶30 col. 2:26-30

Identified Points of Contention (’791 Patent)

  • Scope Questions: The complaint alleges that Defendant directly infringes by selling products such as the TVsn series displays (Compl. ¶27). An image of this product appears to be a single panel (Compl. ¶22). A question for the court may be whether the sale of individual panels, which the complaint calls "display modules," constitutes direct infringement of a claim for a "sign construction" that requires a "plurality of display modules" and a "plurality of sign sections."
  • Technical Questions: What evidence does the complaint provide that the accused products themselves comprise a "plurality of sign sections," as opposed to being components used by others to assemble such sections?

9,207,904 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
providing access to a multi-panel display comprising a plurality of display panels, each panel ... being mounted onto a mechanical support structure; The accused products allow a sign owner to provide access to a multi-panel display where a plurality of display panels are mounted on a mechanical support structure. ¶43 col. 2:15-18
identifying a defective panel from the plurality of display panels; The accused products allow a sign owner to identify a defective panel, which involves receiving a signal from an adjacent panel indicating the defect. ¶44 col. 2:19-20
without powering down the multi-panel display, disconnecting electrical connection to the defective panel and removing the defective panel from the mechanical support structure; The accused products allow a sign owner to disconnect and remove a defective panel from the support structure without powering down the entire multi-panel display. ¶45 col. 2:21-25
attaching a replacement display panel to the mechanical support structure at the location of the defective panel; and The accused products allow a sign owner to attach a replacement display panel to the support structure where the defective panel was located. ¶46 col. 2:26-28
connecting power to the replacement display panel, wherein one or more of the remaining of the plurality of display panels continue to display during the time the defective panel is disconnected and removed, and the replacement display is attached. The accused products allow a sign owner to connect power to the replacement panel, while other panels on the display continue to operate. ¶47 col. 2:29-33

Identified Points of Contention (’904 Patent)

  • Legal Questions: Claim 1 is a method claim, yet the complaint alleges Defendant directly infringes by making and selling products. A central question will be whether Defendant can be liable for direct infringement for selling a product that "allow[s] a direct infringer, such as a sign owner, to" perform the claimed method steps (Compl. ¶43), or if this theory is more properly analyzed under indirect infringement.
  • Technical Questions: What evidence supports the allegation that the accused products' architecture permits the replacement of one panel while "one or more of the remaining... display panels continue to display" (Compl. ¶47)? The complaint alleges this on "information and belief" without detailing the specific power and data pathways that enable this function.

V. Key Claim Terms for Construction

For the ’791 Patent

  • The Term: "sign construction"
  • Context and Importance: This term appears in the preamble of independent claim 12. Its construction is critical because the complaint accuses Defendant of directly infringing by selling products (Compl. ¶27), but the claim is directed to a "construction." Whether an individual product can be a "sign construction" or if the term requires an assembled system of multiple components will be central to determining the point of infringement.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent title includes "Installation Kit," and the summary describes a "modification kit" (’791 Patent, col. 2:4), which could suggest that components sold for the purpose of being assembled into the final construction are themselves part of the claimed "construction."
    • Evidence for a Narrower Interpretation: The claim requires a "plurality of display modules" and a "plurality of sign sections," suggesting the "construction" is an assembled, multi-component system, not a single product as sold. The figures consistently depict assembled signs made of multiple sections (e.g., ’791 Patent, FIG. 1).

For the ’904 Patent

  • The Term: "without powering down the multi-panel display"
  • Context and Importance: This phrase is the central feature of the claimed "hot-swapping" method. The infringement analysis will likely turn on whether the accused products allow a panel to be replaced while the entire multi-panel display remains powered on and operational, or if powering down a section or subset of panels falls outside the claim's scope.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification's focus is on avoiding downtime for the "entire display" (’904 Patent, col. 1:35-37), which could be argued to mean the overall system controller and power input, even if some adjacent panels are temporarily affected during the swap.
    • Evidence for a Narrower Interpretation: The claim requires that "one or more of the remaining of the plurality of display panels continue to display during the time the defective panel is disconnected" (’904 Patent, cl. 1), which could be interpreted narrowly to mean that non-defective panels must remain completely undisturbed, presenting a high technical bar.

VI. Other Allegations

  • Indirect Infringement: For each asserted patent, the complaint alleges induced infringement. The allegations state that the Defendant knowingly and intentionally encourages infringement by providing customers, installers, and end-users with "manuals, guides, installation instructions and other documentation that guide end-users to use the accused products in an infringing manner" (Compl. ¶¶32, 49, 70, 84, 104, 131, 157, 178, 198).
  • Willful Infringement: The complaint alleges Defendant had knowledge of the asserted patents at least as of the filing of the First Amended Complaint (May 27, 2020) or, for some patents, the original complaint (March 27, 2018) (Compl. ¶¶36, 52, 73, 88, 109, 135, 161, 182, 202). It further alleges willful blindness based on an asserted "policy or practice of not reviewing the patents of others" (Compl. ¶¶37, 53, 89, 110, 136, 162, 183, 203).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of infringement liability: can Ultravision establish direct infringement liability against Glux for selling modular display panels, when the asserted claims are directed to multi-component systems ("sign construction") and methods of use ("servicing a multi-panel display"), or will the case turn on evidence of indirect infringement based on the actions of Glux's customers?
  • A key technical and evidentiary question will be one of operational functionality: does the design of the accused Glux products, particularly their power and data distribution architecture, enable the specific "hot-swapping" capability claimed in the ’904 patent, and do they embody the precise structural, thermal, and waterproofing configurations required by the various apparatus patents?