DCT

2:18-cv-00100

Ultravision Tech LLC v. Govision LLC

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:18-cv-00100, E.D. Tex., 06/06/2019
  • Venue Allegations: Venue is alleged based on Defendant Absen, Inc. having a regular and established place of business in the district (Anna, Texas) and Defendant Shenzhen Absen Optoelectronic Co., Ltd. being a foreign entity.
  • Core Dispute: Plaintiff alleges that Defendant’s various series of LED display products infringe eight U.S. patents related to the construction, waterproofing, thermal management, and servicing of modular display panels.
  • Technical Context: The technology concerns modular LED panels, a foundational component for large-scale digital signage used in outdoor advertising, stadiums, and public information displays.
  • Key Procedural History: The complaint is a First Amended Complaint. It notes that the original complaint in the district was filed on March 27, 2018, establishing a date for Defendant's alleged post-suit knowledge of the patents for the purpose of indirect and willful infringement claims.

Case Timeline

Date Event
2013-12-31 Earliest Priority Date for ’782, ’272, ’869, ’294, ’904, ’372 Patents
2014-03-09 Earliest Priority Date for ’791, ’105 Patents
2015-06-02 U.S. Patent No. 9,047,791 Issued
2015-12-08 U.S. Patent No. 9,207,904 Issued
2017-05-02 U.S. Patent No. 9,642,272 Issued
2017-05-30 U.S. Patent No. 9,666,105 Issued
2018-03-13 U.S. Patent No. 9,916,782 Issued
2018-03-27 Original Complaint Filing Date
2018-05-22 U.S. Patent No. 9,978,294 Issued
2018-06-05 U.S. Patent No. 9,990,869 Issued
2019-04-02 U.S. Patent No. 10,248,372 Issued
2019-06-06 First Amended Complaint Filing Date

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

U.S. Patent No. 9,916,782 - Modular Display Panel

  • Issued: March 13, 2018

The Invention Explained

  • Problem Addressed: The patent does not contain a background section, but the summary of the invention and claims focus on the technical challenges of creating robust, weatherproof, and thermally efficient modular LED display panels suitable for outdoor use.
  • The Patented Solution: The invention describes a modular LED panel constructed with a specific layered architecture designed for durability and thermal management (’782 Patent, Abstract). It comprises a shell made of a thermally conductive material with plastic sidewalls, which houses a printed circuit board (PCB) with LEDs on one side and a driver circuit on the other. A power supply is positioned behind the PCB, and a second thermally conductive material is placed between the power supply and the outer back side of the panel, creating a thermal pathway to dissipate heat away from the electronic components (’782 Patent, col. 4:2-10). The entire assembly is sealed to be waterproof.
  • Technical Importance: This integrated design aims to improve the reliability and lifespan of outdoor LED displays by actively managing heat and protecting sensitive electronics from moisture without requiring a separate, heavy external cabinet.

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶29).
  • The essential elements of Claim 1 are:
    • A modular display panel comprising a shell, wherein the shell comprises a first thermally conductive material and the sidewalls of the shell comprise plastic.
    • A printed circuit board disposed in the shell, and a plurality of LEDs attached to a first side of the printed circuit board.
    • A driver circuit disposed in the shell and coupled to the plurality of LEDs from a second side of the printed circuit board.
    • A power supply unit for powering the LEDs, the printed circuit board disposed between the power supply unit and the LEDs.
    • A second thermally conductive material disposed between the power supply unit and an outer back side of the panel.
    • A protective structure disposed over the first side of the printed circuit board.
    • Wherein the modular display panel is sealed to be waterproof.

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

The Invention Explained

  • Problem Addressed: The patent background describes the logistical difficulties of manufacturing and installing large-scale displays, which are often assembled on-site in potentially adverse conditions (’272 Patent, col. 1:22-47).
  • The Patented Solution: The invention is a method for efficiently constructing a large multi-panel display system in two distinct stages (’272 Patent, col. 2:21-30). First, an installer assembles a mechanical support structure and mounts a plurality of waterproof display panels to it at a "first location" (e.g., a factory or warehouse) to create pre-configured "sub-assemblies." Second, these sub-assemblies are moved to a "second location" (e.g., the final installation site) where they are built into the final multi-panel display (’272 Patent, Abstract; Fig. 8).
  • Technical Importance: This method aims to streamline the construction of large outdoor displays by allowing for controlled, off-site pre-assembly of modules, potentially reducing on-site installation time and complexity.

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶46).
  • The essential steps of method Claim 1 are:
    • Assembling a mechanical support structure.
    • At a first location, detachably mounting a plurality of display panels to the mechanical support structure to form sub-assemblies.
    • Each of the plurality of display panels is sealed to be waterproof and includes an array of display elements arranged to form a display panel surface, a display driver, a housing, a receiver circuit, and a power supply.
    • Moving the sub-assemblies to a second location.
    • Building the sub-assemblies into a multi-panel display system at the second location.

U.S. Patent No. 9,990,869 - Modular Display Panel

  • Issued: June 5, 2018
  • Technology Synopsis: This patent describes a modular display panel with a plastic outer casing. The design focuses on thermal management, specifying a thermally conductive material to extract heat from a location proximate to the power supply, which is mounted outside the plastic casing.
  • Asserted Claims: At least independent claim 19 (Compl. ¶59).
  • Accused Features: The complaint accuses the A1099/A1699 Series products, alleging they comprise a plastic casing, a power supply mounted outside the casing, and a thermally conductive material for heat extraction (Compl. ¶¶60, 63, 65).

U.S. Patent No. 9,978,294 - Modular Display Panel

  • Issued: May 22, 2018
  • Technology Synopsis: This patent details a modular display panel having a plastic casing with a recess for a printed circuit board. The invention specifies a particular arrangement of LEDs as pixels in a rectangular array and the use of a framework of louvers and a sealing compound over the front of the PCB.
  • Asserted Claims: At least independent claim 22 (Compl. ¶76).
  • Accused Features: The Xd Series product is accused of infringement, with allegations focusing on its plastic casing with a recess, rectangular array of pixels, sealing compound, and framework of louvers (Compl. ¶¶77-81).

U.S. Patent No. 9,207,904 - Multi-Panel Display with Hot Swappable Display Panels and Methods of Servicing Thereof

  • Issued: December 8, 2015
  • Technology Synopsis: This invention addresses the serviceability of multi-panel displays. It describes a method and system for identifying a defective panel and enabling its "hot swapping" (disconnection and replacement) without powering down the entire display.
  • Asserted Claims: At least independent claim 1 (Compl. ¶94).
  • Accused Features: The N Series products are accused of infringement, with the complaint alleging they allow for identification of a defective panel and permit its disconnection and hot swapping without powering down the multi-panel display (Compl. ¶¶96-97).

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
  • Technology Synopsis: This patent concerns the construction of large signs from sectional assemblies. It describes a system of sign sections, each with a front-facing portion to receive display modules and a rear-facing portion for mounting, along with a power routing system to distribute power to the modules.
  • Asserted Claims: At least independent claim 16 (Compl. ¶108).
  • Accused Features: The Xv Series product is accused of infringing by allegedly comprising a plurality of sign sections with front and rear portions and a plurality of power routing systems that couple a power source to display modules (Compl. ¶¶110-111).

U.S. Patent No. 10,248,372 - Modular Display Panels

  • Issued: April 2, 2019
  • Technology Synopsis: This patent describes a modular display panel with specific dimensional constraints. The invention claims a casing that is substantially rectangular where the height is half of the width, and where the pitch of the LEDs is a predetermined constant number independent of the panel's height and width.
  • Asserted Claims: At least independent claim 1 (Compl. ¶121).
  • Accused Features: The outdoor N Series product is accused of infringement, with allegations that its casing has a height that is half its width and that its LED array has a constant pitch that does not depend on the height and width (Compl. ¶¶123, 125).

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 in modular signs. The invention describes a structural frame with bay members that support weatherized display modules and uses a preformed wiring harness to distribute low voltage power within the bays.
  • Asserted Claims: At least independent claim 15 (Compl. ¶136).
  • Accused Features: The outdoor A1099/A1699 Series product is accused of infringing by allegedly comprising a structural frame with bay members supporting weatherized display modules and using a preformed wiring harness for power distribution (Compl. ¶¶137-138).

III. The Accused Instrumentality

Product Identification

  • Defendants' Altair Series, A1099/A1699 Series, Xv Series, Xd Series, and N Series LED display products (Compl. ¶21).

Functionality and Market Context

  • The complaint alleges these products are modular LED displays sold for building large-scale digital signs (Compl. ¶¶6-7, 21). The complaint provides images showing the front and back of several accused product lines, illustrating their modular construction with visible arrays of LEDs on the front and connection and mounting hardware on the back. For example, an image of the A1099/A1699 Series product shows both the pixelated front display surface and the rear housing with cooling fans and structural components (Compl. ¶23). The infringement allegations describe these products as having features for waterproofing, thermal management through conductive materials, specific dimensional ratios, and hot-swappable serviceability, depending on the patent asserted against each product series (Compl. ¶¶30, 36, 47, 60, 77, 97, 123).

IV. Analysis of Infringement Allegations

’782 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a modular display panel comprising a shell comprising a first thermally conductive material, wherein the sidewalls of the shell comprise plastic The A1099/A1699 Series products are modular display panels with a shell made of a thermally conductive material and plastic sidewalls. ¶30 col. 4:2-5
a printed circuit board disposed in the shell, and a plurality of LEDs attached to a first side of the printed circuit board The products include a PCB within the shell with LEDs on its first side. ¶31 col. 4:5-7
a driver circuit disposed in the shell and coupled to the plurality of LEDs from a second side of the printed circuit board The products have a driver circuit inside the shell connected to the LEDs from the second side of the PCB. ¶32 col. 4:7-10
a power supply unit for powering the LEDs, the printed circuit board disposed between the power supply unit and the LEDs The products include a power supply unit, with the PCB located between it and the LEDs. ¶33 col. 4:10-12
a second thermally conductive material disposed between the power supply unit and an outer back side of the panel The products contain a second thermally conductive material positioned between the power supply and the outer back of the panel. ¶34 col. 4:12-15
a protective structure disposed over the first side of the printed circuit board The products have a protective structure over the front side of the PCB. ¶35 col. 4:15-17
wherein the modular display panel is sealed to be waterproof The products are sealed to be waterproof. ¶36 col. 4:17-18
  • Identified Points of Contention:
    • Scope Questions: The analysis may turn on the definitions of "thermally conductive material" and whether the materials used in the accused products meet the claimed function. A further question is what degree of sealing is required to satisfy the "sealed to be waterproof" limitation.
    • Technical Questions: A factual question will be the precise layered construction of the A1099/A1699 Series products to determine if the PCB is located "between the power supply unit and the LEDs" and if the second material is located "between the power supply unit and an outer back side" as claimed.

’272 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
assembling a mechanical support structure The Altair Series product allows a sign installer to assemble a mechanical support structure. ¶47 col. 4:32-33
at a first location, detachably mounting a plurality of display panels to the mechanical support structure to form sub-assemblies The product allows an installer to mount display panels to the support structure at a first location, forming sub-assemblies. An image shows the Altair Series product, which comprises individual panels that can be assembled into larger displays (Compl. ¶22). ¶47 col. 4:33-36
each of the plurality of display panels is sealed to be waterproof and includes an array of display elements... The Altair Series product comprises an array of display elements and is sealed to be waterproof. ¶48 col. 4:37-43
moving the sub-assemblies to a second location The product allows an installer to move the created sub-assemblies to a second location. ¶50 col. 4:44-45
building the sub-assemblies into a multi-panel display system at the second location The product allows an installer to build the sub-assemblies into a larger multi-panel display at the second location. ¶50 col. 4:45-47
  • Identified Points of Contention:
    • Scope Questions: The analysis will likely focus on whether the typical workflow of a sign installer (e.g., pre-assembly at a shop, final installation on a building) constitutes the distinct "first location" and "second location" required by the claim.
    • Legal Questions: As this is a method claim, direct infringement occurs only when an entity performs all steps. The complaint primarily alleges indirect infringement, raising the question of whether Defendant's sales and instructions for the Altair Series product induce installers to perform the claimed method.

V. Key Claim Terms for Construction

For the ’782 Patent

  • The Term: "sealed to be waterproof"
  • Context and Importance: This term is critical because the required level of water resistance is not defined by an objective standard (e.g., an IP rating) in the claim itself. The outcome may depend on whether the accused product's sealing method is considered "waterproof" within the meaning of the patent.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification does not appear to limit the term to a specific method of sealing or a particular standard of waterproofness, which may support a broader construction covering various sealing techniques that prevent water ingress under normal operating conditions.
    • Evidence for a Narrower Interpretation: The specification discusses sealing in the context of protecting the display from environmental conditions such as moisture (’782 Patent, col. 5:9-16), which a defendant may argue implies a high degree of protection characteristic of the specific embodiments shown, potentially narrowing the term's scope.

For the ’272 Patent

  • The Term: "sub-assemblies"
  • Context and Importance: The definition of "sub-assemblies" is central to the infringement analysis. The dispute may turn on how large or complete a collection of mounted panels must be to qualify as a "sub-assembly" formed at the "first location" before being moved to the "second location."
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent describes the sub-assemblies simply as a "plurality of display panels" mounted to the support structure, without specifying a minimum number or configuration (’272 Patent, col. 4:33-36). This could support a broad interpretation where even two panels joined together could constitute a sub-assembly.
    • Evidence for a Narrower Interpretation: The patent's goal is to simplify on-site installation of large displays. A defendant might argue this purpose implies that a "sub-assembly" must be a significant, pre-configured portion of the final display, not just a few panels joined together incidentally at the first location. The figures do not provide a specific scale for what constitutes a sub-assembly (’272 Patent, Figs. 1-8).

VI. Other Allegations

Indirect Infringement

  • The complaint alleges induced infringement for all asserted patents. The basis is that Defendants actively encourage and instruct customers, installers, and end-users to make and use the accused products in an infringing manner, for example, by selling products designed to be assembled into infringing systems (Compl. ¶¶38-39, 52-53, 68-69, 86-87, 100-101, 113-114, 128-129, 141-142). For the ’272 method patent, inducement is the central theory against the manufacturer Defendant.

Willful Infringement

  • While the word "willful" is not used, the complaint alleges that Defendants have had knowledge of the patents and their infringement since at least March 27, 2018 (the filing date of the original complaint) (Compl. ¶40). It further alleges that Defendants acted with "knowledge and intent, or with willful blindness" (Compl. ¶39), which are the standards for pleading both induced and willful infringement.

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

  • Definitional Scope: A core issue will be one of technical definition: how will claim terms such as "thermally conductive material," "sealed to be waterproof," and the method step "building the sub-assemblies into a multi-panel display system" be construed, and whether the components and assembly processes of the various accused Absen product lines fall within those constructions.
  • Indirect Infringement and Method Claims: A key legal question will be one of liability for method infringement: for method patents like the ’272 Patent, can Plaintiff produce sufficient evidence that Defendants' sales, marketing, or instructional materials for products like the Altair Series specifically intended to cause installers to perform the patented two-location assembly method, thereby inducing infringement?
  • Case Management and Complexity: With eight patents asserted against five different product families, a central practical question will be one of judicial and party efficiency. The case may require the court to streamline the proceedings, potentially by selecting representative patents or claims for initial litigation phases to manage the complexity of construing numerous claims across a wide range of accused products.