Case 2:23-cv-02457 Document 1 Filed 03/30/23 Page 1 of 16 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK

SMART BILLIARD LIGHTING LLC,

Plaintiff,
v. Civil Action No. 23-cv-02457

LUCID BALLSPORTS, INC., JURY TRIAL DEMANDED

Defendant.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Smart Billiard Lighting LLC (“Smart Billiard”) files this Complaint against Lucid

BallSports, Inc. (“Lucid BallSports” or “Defendant”) and alleges as follows:

NATURE OF ACTION

1. This is an action for patent infringement of U.S. Patent No. 11,045,713 and U.S.

Design Patent No. D776,328 (collectively, the “Asserted Patents”) under the Patent Laws of the

United States, 35 U.S.C. § 1, et seq.

2. Smart Billiard is a leader in design of next generation pool table lighting systems.

Defendant competes with Smart Billiard in the production, marketing, and sale of billiard table

lighting systems. Smart Billiard has made substantial investments in its innovations and

technology for its products, including the technology covered by the Asserted Patents. Smart

Billiard made significant effort to commercialize its inventions. However, its efforts have been

stymied in large part due to Defendant’s infringement and Defendant’s partnership with Predator

Group, a well-known supplier of billiard products and sponsor of high-profile billiard tournaments.

3. Smart Billiard provided actual notice of its patents and its allegations to Defendant

by letter dated August 3, 2021. While the parties engaged in negotiations thereafter to try to
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amicably resolve their dispute, discussions are no longer progressing. Smart Billiard now brings

this lawsuit to seek compensation for Defendant’s unauthorized use of Smart Billiard’s patented

inventions and prevent further unauthorized use.

THE PARTIES

4. Plaintiff Smart Billiard is a limited liability company duly organized and existing

under the laws of the State of Illinois, with its principal place of business at 20 Natoma Drive, Oak

Brook, Illinois 60523.

5. On information and belief, Defendant Lucid BallSports, Inc. is a corporation

organized and existing under the laws of the State of New York with its principal place of business

at 3 Richmond Avenue, Jericho, New York, 11753. Defendant conducts business in this District

and elsewhere in the United States including, without limitation, making, using, offering to sell,

importing, and/or selling billiard table lighting systems that embody the patented technology in

this District. Defendant is registered to do business in New York.

JURISDICTION AND VENUE

6. This is an action for patent infringement arising under the Patent Laws of the United

States, 35 U.S.C. § 1, et seq. This Court has subject matter jurisdiction over this action pursuant to

28 U.S.C. §§ 1331 and 1338(a).

7. On information and belief, Defendant is subject to this Court’s specific and general

personal jurisdiction due to, at least, its substantial business conducted in this forum, including

(i) having solicited business in the State of New York, including benefits directly related to the

instant patent infringement causes of action set forth herein; (ii) having placed its products and

services into the stream of commerce throughout the United States and having been actively

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engaged in transacting business in New York and in this District; and (iii) either alone or in

conjunction with others, having committed acts of infringement within New York and this District.

8. On information and belief, Defendant maintains systematic, continuous, and

ongoing business operations within the State of New York and this District, through which it

makes, uses, offers to sell, sells, and/or imports lighting components that embody the patented

technology. Defendant’s New York facilities include at least an office in Jericho. Upon

information and belief, Defendant offers to sell and sells its products and services to retailers and/or

end users in this District and throughout the United States.

9. Venue lies in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c), and 1400(b)

because Defendant is subject to personal jurisdiction in this District, resides in this District, has

regularly conducted business in this District, and/or has committed acts of patent infringement in

this District.

THE ASSERTED PATENTS

10. On January 10, 2017, U.S. Design Patent No. D776,328 (the “’328 Patent”), entitled

“Light Frame,” a copy of which is attached hereto as Exhibit A, was duly and legally issued.

11. The inventors have assigned all right, title, and interest in the ’328 Patent to Smart

Billiard, and Smart Billiard is the sole owner of all right, title, and interest in and to the ’328 Patent

including the right to sue for and collect past, present, and future damages and to seek and obtain

injunctive or any other relief for infringement of the ’328 Patent.

12. On June 29, 2021, U.S. Patent No. 11,045,713 (the “’713 Patent”), entitled “Billiard

Table Lighting,” a copy of which is attached hereto as Exhibit B, was duly and legally issued.

13. The inventors have assigned all right, title, and interest in the ’713 Patent to Plaintiff

Smart Billiard, and Smart Billiard is the sole owner of all right, title, and interest in and to the ’713

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Patent, including the right to sue for and collect past, present, and future damages and to seek and

obtain injunctive or any other relief for infringement of the ’713 Patent.

14. The Asserted Patents cover technologies developed by Smart Billiard relating to

the design, configuration, and use of a billiard table lighting system. The patented technology

utilizes a troffer frame to support lighting around a periphery of a billiard table surface. Once

installed above a billiard table surface, the lighting system provides uniform illumination of the

billiard table surface to facilitate image capture, game play recording, and other features.

15. Smart Billiard provided notice of the ’328 Patent via its website,

www.smartbilliardlighting.com, on or around October 13, 2017.

16. Smart Billiard provided notice of the ’713 Patent via its website,

www.smartbilliardlighting.com, by no later than December 25, 2021.

DEFENDANT’S INFRINGING PRODUCTS

17. On information and belief, by at least June 2020, Defendant was making, using,

offering for sale, importing, and selling a billiard table lighting apparatus under the product name

“Predator Arena Light.” Defendant describes that its Predator Arena Light provides benefits

including “[u]nique balanced illumination,” and “balanced surface lighting” to a billiard table

surface that avoid dark corners and “hot spots” in the center of a table, as was common with

traditional billiard table fixtures. See, e.g., Comparison chart – Predator Arena, available at

https://www.lucidballsports.com/comparison-chart/.

18. On information and belief, Defendant offers to sell, sells, and distributes its

Predator Arena Light to customers in the United States directly via its website,

http://www.lucidballsports.com.

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19. On information and belief, since at least August 2022, Defendant has offered its

Predator Arena Light via a distributor, Carom Sports. Since at least that time, Defendant has

offered its Predator Arena Light in five different sizes (7 ft., 8 ft., 9 ft., 10 ft., and 12 ft.) along

with accessories (e.g., remotes) and other customization options.

20. On information and belief, Defendant, through its partnership with Predator Group,

has also used, or authorized use of, its Predator Arena Lights at numerous high profile billiard

tournaments throughout the United States. Defendant’s website touts that its Predator Arena Lights

were used at professional billiard matches in at least 2021 and 2022. See Where to Buy – Predator

Arena, available at https://www.lucidballsports.com/where-to-buy/. In addition, on information

and belief, Defendant’s Predator Arena lights were recently used at the 2023 CueSports

International Expo Alfa Las Vegas open. See, e.g., Alfa Las Vegas 10-Ball Open 2023 ▸ Shane

Van Boening vs Eric Roberts, available at https://www.youtube.com/watch?v=wvORdzNp8RQ

(“This event is played on Predator Apex pro pool tables . . . under the Predator Arena billiard

lights.”).

COUNT I
INFRINGEMENT OF U.S. PATENT NO. 11,045,713

21. Plaintiff herein incorporates the above paragraphs by reference.

22. The ’713 Patent is valid, enforceable, and was duly issued in full compliance with

Title 35 of the United States Code.

23. Smart Billiard has complied with the marking requirements of 35 U.S.C. § 287 by

providing notice of the ’713 Patent through its website. Smart Billiard also provided actual notice

to Defendant of the ’713 Patent and of Plaintiff’s infringement allegations by letter dated August

3, 2021.

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24. Defendant has directly infringed, and continues to directly infringe, one or more

claims, including at least claims 33, 34, and 36 of the ’713 Patent pursuant to 35 U.S.C. § 271 by

having made, used, sold, offered for sale, and/or imported the Predator Arena Light within the

United States and within this District without license or authority.

25. Claim 33 of the ’713 Patent recites:

33. A lighting apparatus for lighting a billiard table surface, the apparatus
comprising:
a troffer frame configured to support one or more lights to provide light to the
billiard table surface;
the troffer frame configured to support the one or more lights around a periphery
of the billiard table surface such that no light sources are placed approximately
directly above a middle portion of the billiard table surface;
wherein the troffer frame is substantially hollow in its inner structure, wherein the
inner structure is configured to support the one or more lights, wherein
opposing sides of the troffer frame extend down from the top portion encasing
the one or more lights;
wherein the troffer frame supports a bottom diffuser between the one or more lights
and the billiard table surface, wherein the bottom diffuser is configured such
that at least some of the light provided by the one or more lights can pass
through the bottom diffuser to the billiard table.

26. Defendant’s Predator Arena Light is a lighting apparatus designed to provide

“balanced surface lighting” to a billiard playing surface.

27. The Predator Arena Light uses a troffer frame to support its lights. On information

and belief, the Predator Arena Light frame is a substantially hollow frame that encases one or more

lights to provide light to the table surface, as shown in the exemplary images from Defendant’s

installation instruction videos, below.

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28. The Predator Arena Light frame is sold in segments dimensioned to match the

dimensions of the billiard table. The frame of the Predator Arena Light is “U-shaped” to support

housing of at least one LED light element. Defendant’s website further explains that it uses a

combination of drivers and LED lights as its light source.

29. The Predator Arena Light supports its one or more lights around a periphery of the

billiard table surface. As illustrated by the exemplary images from Defendant’s website below, the

frame is designed to hang above the periphery of the table, with no light sources being placed over

the middle portion of the table surface. Defendant promotes its Predator Arena Light as providing

superior table lighting that avoids the dark corners and “hot spots” in the center of the table surface

associated with traditional fixtures.

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Illustrating a Predator Arena Light being prepared to hang above periphery of table surface,
with no light sources that will be directly above a middle portion of the table surface

Illustrating a Predator Arena Light hanging above periphery of table surface, with no light
sources directly above a middle portion of the table surface

30. Defendant’s installation instruction videos also emphasize that the frame must hang

above the billiard table rails rather than over the billiard table bed:

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31. The Predator Arena Light supports a bottom diffuser, as illustrated by the

exemplary image from Defendant’s website below.

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Defendant’s installation instruction video also refers to its use of a diffuser:

32. The diffuser is between the one or more lights and above the billiard table surface.

The diffuser permits at least some of the light from the light sources to pass to the billiard table,

as shown in the exemplary image from Defendant’s website below.

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33. Claim 34 of the ’713 Patent recites:

34. The lighting apparatus of claim 33 wherein when the one or more lights are
lit and the troffer frame is installed above the billiard table surface, the lighting
apparatus provides substantially uniform illumination of the billiard table surface.

34. As described above, Defendant’s Predator Arena Light utilizes a troffer frame.

Defendant provides instructions describing how to install the lighting apparatus above a billiard

table surface to provide substantially uniform illumination. Defendant describes that when

installed, its Predator Arena Light provides an “even lux intensity across a billiard table playing

surface” and avoids “hot spots” when installed. See, e.g., Comparison chart – Predator Arena,

available at https://www.lucidballsports.com/comparison-chart/.

35. Claim 36 of the ’713 Patent recites:

36. The lighting apparatus of claim 33 wherein individual ones of the one or
more lights comprise an LED light element.

36. As described above, Defendant’s website explains that it uses a combination of

drivers and LED lights as its light source.

37. Defendant is also responsible as an indirect infringer of the asserted claims pursuant

to 35 U.S.C. § 271(b) because Defendant has induced its customers’ direct infringing use of such

claims. Defendant has induced such acts of direct infringement by at least one or more of:

(i) providing Predator Arena Lights that were designed be installed and used in an infringing

manner; (ii) dictating, via its video installation instructions and support to customers, the manner

in which the Predator Arena Lights are installed such that when the lights are installed as directed,

each component of the claimed lighting apparatus are used; (iii) providing instructions and

directions to its customers regarding the use of the Predator Arena Lights.

38. Defendant has induced the infringing acts of its customers by engaging in these

activities with knowledge of the ’713 Patent by at least August 3, 2021, and with the actual intent

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to cause the acts that it knew or should have known would induce direct infringement and/or willful

blindness of a high probability of infringement.

39. Defendant’s actions, at least as early as August 3, 2021, are egregious and willful.

Despite not having a license, Defendant continues to infringe the ’713 Patent by making, using,

selling, offering for sale, and/or importing in the United States the infringing Predator Arena Light,

and by inducing its customers’ infringement of the ’713 Patent, in reckless disregard of Smart

Billiard’s patent rights. On information and belief, Defendant will continue its infringement

notwithstanding actual knowledge of the ’713 Patent and without a good faith basis to believe that

its activities do not infringe any valid claim of the ’713 Patent.

40. All infringement of the ’713 Patent following Defendant’s knowledge of the ’713

Patent is willful, and Smart Billiard is entitled to treble damages and attorneys’ fees and costs

incurred in this action under 35 U.S.C. §§ 284 and 285.

41. Defendant’s wrongful acts have damaged and will continue to damage Smart

Billiard irreparably, and Smart Billiard has no adequate remedy at law for those wrongs and

injuries. In addition to its actual damages, Smart Billiard is entitled to a permanent injunction

restraining and enjoining Defendant and its agents, servants, and employees, and all person acting

thereunder, in concert with, or on its behalf, from infringing at least claims 33, 34, and 36 of the

’713 Patent.

COUNT II
INFRINGEMENT OF U.S. DESIGN PATENT NO. D776,328

42. Plaintiff herein incorporates the above paragraphs by reference.

43. The ’328 Patent is valid, enforceable, and was duly issued in full compliance with

Title 35 of the United States Code.

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44. Smart Billiard has complied with the marking requirements of 35 U.S.C. § 287 by

providing notice of the ’328 Patent through its website. Smart Billiard also provided actual notice

to Defendant of the ’328 Patent and of Plaintiff’s infringement allegations by letter dated August

3, 2021.

45. Defendant has directly infringed, and continues to directly infringe the ornamental

design claimed in the ’328 Patent pursuant to 35 U.S.C. § 271 by making, having made, using,

importing, offering for sale, and/or selling the Predator Arena Light within the United States and

within this District.

46. An exemplary figure from the ’328 Patent is shown below:

47. Defendant’s Predator Arena Light, shown below, infringes the ’328 Patent because,

inter alia, in the eye of an ordinary observer, giving such attention as a purchaser usually gives,

the ornamental design of the ’328 Patent and the frame design of Defendant’s Predator Arena Light

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are substantially the same, the resemblance being such as to deceive such an ordinary observer,

inducing him to purchase one supposing it to be the other.

Defendant’s Predator Arena Light

48. Defendant’s actions, at least as early as August 3, 2021, are egregious and willful.

Despite not having a license, Defendant continues to infringe the ’328 Patent by making, using,

selling, offering for sale, and/or importing in the United States the infringing Predator Arena Light

in reckless disregard of Smart Billiard’s patent rights. On information and belief, Defendant will

continue its infringement notwithstanding actual knowledge of the ’328 Patent and without a good

faith basis to believe that its activities do not infringe any valid claim of the ’328 Patent.

49. All infringement of the ’328 Patent following Defendant’s knowledge of the ’328

Patent is willful, and Smart Billiard is entitled to treble damages and attorneys’ fees and costs

incurred in this action under 35 U.S.C. §§ 284 and 285.

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50. Defendant’s wrongful acts have damaged and will continue to damage Smart

Billiard irreparably, and Smart Billiard has no adequate remedy at law for those wrongs and

injuries. In addition to its actual damages, Smart Billiard is entitled to a permanent injunction

restraining and enjoining Defendant and its agents, servants, and employees, and all person acting

thereunder, in concert with, or on its behalf, from infringing the ’328 Patent.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Smart Billiard prays for the following relief:

1. Judgment that the ’713 and ’328 Patents are each valid and enforceable;

2. Judgment that the ’713 and ’328 Patents are each infringed by Defendant;

3. Judgment that Defendant’s acts of patent infringement relating to the ’713 and ’328

Patents are willful;

4. An award of damages arising out of Defendant’s acts of patent infringement,

together with pre-judgment and post-judgment interest;

5. An injunction prohibiting Defendant from continuing to practice the ’713 and

’328 Patents;

6. Judgment that the damages so adjudged be trebled in accordance with 35

U.S.C. § 284;

7. An award of Smart Billiard’s attorneys’ fees, costs, and expenses incurred in this

action in accordance with 35 U.S.C. § 285; and

8. Such other and further relief as this Court deems just and proper.

RESERVATION OF RIGHTS

Smart Billiard’s investigation is ongoing, and certain material information remains in the

sole possession of Defendant and/or third parties, which will be obtained via discovery herein.

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Smart Billiard expressly reserves the right to amend or supplement the causes of action set forth

herein in accordance with Rule 15 of the Federal Rules of Civil Procedure.

JURY DEMAND

Plaintiff Smart Billiard hereby demands a jury trial on all issues so triable.

Dated: March 30, 2023 Respectfully submitted,

OF COUNSEL: /s/ Thomas M. Kenny

Thomas M. Kenny
Nicole L. Little (IL 6297047) tkenny@shnlegal.com
nlittle@fitcheven.com SPIRO HARRISON & NELSON
Mary Fetsco (IL 6315338) 363 Bloomfield Avenue, Suite 2C
mfetsco@fitcheven.com Montclair, New Jersey 07042
FITCH, EVEN, TABIN & FLANNERY LLP Telephone: (973) 232-0890
120 South LaSalle Street, Suite 2100 Attorneys for Plaintiff Smart Billiard
Chicago, Illinois 60603 Lighting LLC
Telephone: (312) 577-7000
Facsimile: (312) 577-7007

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