BLACKBIRD TECH LLC, DBA BLACKBIRD TECHNOLOGIES, Plaintiff-Appellant
ELB ELECTRONICS, INC., ETI SOLID STATE LIGHTING INC., FEIT ELECTRIC COMPANY INC., Defendants-Appellees
from the United States District Court for the District of
Delaware in Nos. 1:15-cv-00056-RGA, 1:15-cv-00057-RGA,
1:15-cv-00058-RGA, 1:15-cv-00062-RGA, Judge Richard G.
Kevin Thompson, Blackbird Technologies, Boston, MA argued for
plaintiff-appellant. Represented by Wendy Verlander;
Christopher Freeman, Chicago, IL; Stamatios Stamoulis,
Stamoulis & Weinblatt LLC, Wilmington, DE.
Hintz, Maynard, Cooper & Gale, PC, New York, NY, argued
for all defendants-appellees.
A. Rovner, Potter Anderson & Corroon, LLP, Wilmington,
DE, for defendant-appellee ETi Solid State Lighting Inc. Also
represented by Jonathan A. Choa, Alan R. Silverstein; David
Peter Hochberg, Walter Haverfield LLP, Cleveland, OH.
Prost, Chief Judge, Moore and Reyna, Circuit Judges.
Tech LLC ("Blackbird") appeals the U.S. District
Court for the District of Delaware's entry of judgment of
noninfringement of claim 12 of U.S. Patent No. 7, 086, 747
("'747 patent") based on its construction of
"attachment surface." Because the court erred in
construing "attachment surface," we vacate and
owns the '747 patent, which is directed to energy
efficient lighting apparatuses. '747 patent at Abstract,
2:24-3:16. One embodiment, illustrated in Figure 5 below,
discloses retrofitting an existing light fixture with a more
energy efficient lighting apparatus. Id. at
at Fig. 5. This embodiment depicts a lighting apparatus 500,
which includes a housing 528 that is dimensioned to be
installed to an existing ballast cover (not shown).
Id. at 9:12-16. The housing has an attachment
surface 530 and an illumination surface 532 at opposite ends.
Id. at 9:16-20. In "typical operation" the
attachment surface is secured to the ballast cover of the
existing light fixture through a fastening mechanism 534.
Id. at 9:16-19, 9:36-51.
sued ELB Electronics, Inc., ETi Solid State Lighting Inc.,
and Feit Electric Company, Inc. (collectively,
"Defendants") for infringing claim 12 of the
'747 patent. It recites:
12. An energy-efficient lighting apparatus for retrofit with
an existing light fixture having a ballast cover,
a housing having an attachment surface and an
a plurality of illumination surface holes in the illumination
a circuit board comprising a plurality of light-emitting
diodes, wherein the circuit board is positioned adjacent the
housing so that the plurality of light-emitting diodes
protrude through the plurality of ...