2. Nicolas Holiday is a corporation organized and existing under the laws of the British Virgin Islands with a principal place of business in Taipei, Taiwan.3. Energy Solutions is a corporation organized under the laws of Californiaand having its principal place of business in El Monte, California.
Jurisdiction and Venue
4. This Court has subject matter jurisdiction over this action pursuant to theDeclaratory Judgment Act, 28 U.S.C §§2201 and 2202, and under 38 U.S.C. §1338(a).5. Venue is proper in this judicial jurisdiction pursuant to 28 U.S.C. §1391(b)and §1400.
Acts Giving Rise to the Complaint
6. U.S. Patent No. 7,045,965 (the ‘965 Patent) was issued on May 16, 2006. This patent disclosed a lighting module having improved reliability using LEDsconnected in parallel for use in light strings (Christmas lights), as well as a method formaking the module and light strings. A true and correct copy of the ‘965 Patent isattached hereto as
.7. Since at least 2008, Nicolas Holiday has made, used, offered for sale andsold various light string sets, including the
Energy Smart LED C-5
light string (ProductCode 97505HD) and the
Energy Smart 50 LED Colorite Miniature Lights
light string(Product Code 97116HD).8. More than two (2) years after the grant of the ‘965 Patent, a reissueapplication of the ‘965 Patent was filed on October 6, 2011.9. On January 1, 2013, this reissue application matured into the ‘890 Patent.