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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

EPISTAR CORPORATION,

 Plaintiff,

-vsLOWE’S COMPANIES INC., LOWE’S HOME 

CENTERS LLC,

 Defendants.

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 6:20-CV-00420-ADA

 ORDER

Came on for consideration is Plaintiff’s April 23, 2021 Motion to Amend/Correct to Serve 

Supplemental Infringement Contentions and Defendant’s July 8, 2021 Motion to Dismiss for Failure 

to State a Claim (First Amended Complaint). ECF No. 53 and 59 respectively. After full consideration 

of the parties’ briefs and oral arguments, Plaintiff’s Motion is GRANTED and Defendants’ Motion

is GRANTED IN PART AND DENIED IN PART. 

I. BACKGROUND

Epistar filed suit in May 2020 alleging infringement of five patents. ECF No. 1. Along with the 

Complaint, Epistar included five claim charts identifying a single accused product – the GE Soft White 

ClassicLED 4.5W A19 Medium Base Bulb. ECF No. 1-6, through 1-10. Epistar’s deadline to serve 

Final Infringement Contentions (“FICs”) elapsed on April 8, 2021. (ECF No. 36.) Epistar missed that 

deadline and instead filed a motion captioned Plaintiff’s Opposed Motion for Leave to Serve First 

Supplemental Infringement Contentions (“Motion for Leave”). ECF No. 53. The Motion for Leave 

addressed six products associated with six product series (GE Classic, GE Refresh, GE Relax, GE 

Basic, GE Reveal, and GE Vintage). ECF No. 53-5 through 53-9.

Because Epistar’s testing of Defendants’ products was ongoing, in the same Motion for Leave, 

Epistar also sought leave to further supplement its infringement contentions on June 30, 2021. On 

June 30, 2021 Epistar served its Second Supplemental Infringement Contentions, which, inter alia, 

Case 6:20-cv-00420-ADA Document 67 Filed 08/04/21 Page 1 of 7
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updated the list of Accused Products to include additional item and model numbers that had either 

become available on Lowe’s website since April 2021 or that testing by Epistar’s experts since April 

23, 2021 had allegedly shown to infringe Epistar’s patents. 

On June 3, 2021, Epistar filed its First Amended Complaint. ECF No. 56 (“FAC”). The sole 

difference between the original and First Amended Complaint is the addition of the following passage: 

“At least Lowe’s GE Classic Series lightbulbs, GE Refresh Series lightbulbs, GE Relax Series 

lightbulbs, GE Basic Series lightbulbs, GE Reveal Series lightbulbs, and GE Vintage Series lightbulbs 

that include one or more LED filaments infringe the asserted claims of the patents-in-suit including, 

but not limited to, LED lightbulb models listed in Exhibit 18.” Id. ¶ 30. Exhibit 18 to the First 

Amended Complaint identifies by item and model numbers specific GE LED filament bulbs sold by 

Defendants that allegedly fall into the listed product series, similar to the April 23 First Supplemental 

Infringement Contentions (ECF Nos. 53-05 - 53-09). 

The First Amended Complaint correlates Accused Products to the specific patents. Namely, 

Paragraph 30 defines “Accused Products” as including the item and model numbers listed in Exhibit 

18. Then, each cause of action asserts that the Accused Products (as defined) infringe each asserted 

patent, respectively. See, e.g., FAC ¶ 54 (“Defendants have infringed, either literally and/or under the 

doctrine of equivalents, one or more claims of the ’068 patent and continue to infringe in this District, 

by making, using, selling, offering for sale, and/or importing into the United States products including, 

but not limited to, the Accused Products, without the permission of Epistar”) (emphasis added).

On June 29, 2021, the Court informed the parties via email that it “is inclined to grant [Epistar’s 

Motion for Leave] under the condition that Defendants receive enough time to respond to the amended 

contentions.” 6/29/21 email from Mr. Pearson. On July 6, 2021, the Court entered the following order: 

“If the parties can come to an agreement on a revised schedule that allows Plaintiff to amend their 

infringement contentions while permitting Defendant more time to respond, then the motion will be 

Case 6:20-cv-00420-ADA Document 67 Filed 08/04/21 Page 2 of 7
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granted.” 07/06/2021 Text Order. The parties met and conferred extensively but could not come to an 

agreement on a revised schedule.

Defendants oppose the Motion for Leave and seek to dismiss the portion of Epistar’s First 

Amended Complaint corresponding to Exhibit 18 alleging that it lacks plausible infringement 

allegations. ECF No. 59 at 7. 

II. LEGAL STANDARD

Upon a showing of good cause, a court may permit plaintiff to amend its infringement contentions. 

See Fed. R. Civ. P. 16(b)(4); Georgetown Rail Equip. Co. v. Holland L.P., Case No. 6:13-cv-366-

JDL, 2014 U.S. Dist. LEXIS 198784, at *6, *13 (5th Cir. Oct. 7, 2014) (“relevant factors in this case 

favor granting the motion for leave to amend infringement contention”). Courts evaluate four factors 

to determine whether there is good cause to modify the scheduling order: (1) the reason for the delay 

and whether the party has been diligent; (2) the importance of the amendment; (3) potential prejudice 

in allowing the amendment; and (4) the availability of a continuance to cure any prejudice. See 

Georgetown Rail Equip. Co., 2014 U.S. Dist. LEXIS 198784, at *7.

The Federal Rules of Civil Procedure require a plaintiff to provide “a short and plain statement of 

the claim showing that the pleader is entitled to relief.” Fed. R Civ. P. 8(a)(2). The primary purpose 

of a complaint is not to prove a case, but only to “give the defendant fair notice of what the . . . claim 

is and the grounds upon which it rests.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 

1955, 1964 (2007).

III. ANALYSIS

A. Epistar’s Motion for Leave does not unfairly prejudice Defendants

The Court finds the Plaintiff diligent in pursuing testing the products at issue and the Court finds 

Epistar’s request for leave important for proving its infringement case. Further, the Court is of the 

opinion that any prejudice experienced by Defendant is mitigated by granting Defendants additional

Case 6:20-cv-00420-ADA Document 67 Filed 08/04/21 Page 3 of 7
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time to respond. If Defendants believe the current schedule unduly prejudices them and they are 

unable to agree with Plaintiff on a schedule going forward, they are instructed to contact the Court to 

seek relief. 

In the spirit of the Court’s June 29 email and associated July 6, 2021 text order, the Court

GRANTS Epistar’s Motion for Leave. The Motion is granted under the condition that Defendants 

receive enough time to respond to the amended contentions. 

B. The accused products that do not fall within any of the six product series are 

DISMISSED

Exhibit 18 of Epistar’s Amended Complaint identifies products and correlates some of those 

products with specific product series which are then tied to certain patents or patent claims. ECF No. 

56-18. Federal Rule of Civil Procedure 11 bars vague and evidentially unsupported allegations as an 

exhibit to a pleading. Because some identified products do not fall into at least one of the identified 

product series (GE Classic, GE Refresh, GE Relax, GE Basic, GE Reveal, and GE Vintage), they lack 

a basis to assert infringement. Thus, Defendants Motion to Dismiss is GRANTED IN PART AND 

DENIED IN PART and the products the Court finds do not fall into one of the aforementioned 

product series are DISMISSED. Those products are listed below:

DESCRIPTION MODEL NO.

GE 25-Watt EQ A15 Amber Dimmable 

Decorative Light Bulb

Model #36501

GE 60-Watt EQ CAC Daylight Dimmable 

Candle Light Bulb

Model #43245

GE 60-Watt EQ G25 Daylight Dimmable 

Candle Light Bulb

Model #43310

GE 60-Watt EQ G25 Soft White Dimmable 

Globe Light Bulb

Model #43316

GE 60-Watt EQ G25 Daylight Dimmable Globe 

Light Bulb

Model #43317

GE 25-Watt EQ CAC Soft White Dimmable 

Candle Light Bulb

Model #45555

GE 25-Watt EQ CAC Daylight Dimmable 

Candle Light Bulb

Model #45567

Case 6:20-cv-00420-ADA Document 67 Filed 08/04/21 Page 4 of 7
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GE 25-Watt EQ CAM Daylight Dimmable 

Candle Light Bulb

Model #45577

GE 40-Watt EQ CAC Soft White Dimmable 

Candle Light Bulb

Model #45640

GE CA GE LED 40W CA10M RLX CL Model #46937

GE HD 65-Watt EQ PAR36 Daylight Dimmable 

LED Light Bulb k)

Model #46963

GE 60-Watt EQ A19 Amber Dimmable Edison 

Light Bulb

Model #48556

GE 25-Watt EQ A15 Amber Dimmable 

Decorative Light Bulb

Model #48767

GE LED 25-Watt EQ ST19 Warm Candle Light 

Dimmable Edison Light Bulb

Model #76018

GE LED 60-Watt EQ B10 Soft White Dimmable 

Decorative Light Bulb

Model #93097959

GE 3-Watt EQ A15 Green LED Light Bulb Model #93116856

GE LED+ 60-Watt EQ CA11 Daylight 

Dimmable Decorative Light

Model #93121491

GE LED+ 60-Watt EQ CA11 Soft White 

Dimmable Decorative Light Bulb

Model #93121492

GE LED+ Dusk to Dawn EQ CAM Candle Light 

Bulb

Model #93121493

GE LED+ Dusk to Dawn EQ CAM Candle Light 

Bulb

Model #93121494

GE Ultra Bright 150-Watt EQ A23 Soft White 

Dimmable LED Light Bulb

Model #93121637

GE General Purpose LED Light Bulbs 40-Watt 

EQ A15 Daylight Dimmable LED Light Bulb

Model #93121642

GE Decorative Light Bulbs 60-Watt EQ B10 

Color-enhancing Dimmable Decorative Light 

Bulb

Model #93121644

GE Ultra Bright LED 100-Watt EQ CAM Soft

White Dimmable Decorative Light Bulb

Model #93121707

GE Ultra Bright LED 100-Watt EQ CA12 

Daylight Dimmable Decorative Light Bulb

Model #93121708

GE Ultra Bright 100-Watt EQ A15 Soft White 

Dimmable LED Light Bulb

Model #93121709

GE Ultra Bright LED 150-Watt EQ A23 Soft 

White Dimmable LED Light Bulb

Model #93121902

GE Ultra Bright 150-Watt EQ A23 Daylight 

Dimmable LED Light Bulb

Model #93122342

GE Classic Plastic 40-Watt EQ A19 Soft White 

Dimmable LED Light Bulb

Model #93122480

GE Classic Plastic 40-Watt EQ A19 Daylight 

Dimmable LED Light Bulb

Model #93122482

GE Classic Plastic 60-Watt EQ A19 Soft White 

Dimmable LED Light Bulb 

Model #93122484

Case 6:20-cv-00420-ADA Document 67 Filed 08/04/21 Page 5 of 7
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GE Classic Plastic 60-Watt EQ A19 Soft White 

Dimmable LED Light Bulb

Model #93122485

GE Classic Plastic 60-Watt EQ A19 Daylight 

Dimmable LED Light

Model #93122536

GE Classic 100-Watt EQ A19 Daylight 

Dimmable LED Light Bulb

Model #93122538

GE General Purpose 60-Watt EQ A19 Cool 

Daylight Dimmable LED Light Bulb

Model #93122568

GE General Purpose 100-Watt EQ A21 Cool 

Daylight Dimmable LED Light Bulb

Model #93122668

GE Decorative Light Bulbs 40-Watt EQ B11 

Cool Daylight Dimmable Candle Light Bulb

Model #93122671

GE Decorative Light Bulbs 60-Watt EQ B11 

Cool Daylight Dimmable Candle Light Bulb

Model #93122672

GE Decorative Light Bulbs 60-Watt EQ B11 

Cool Daylight Dimmable Candle Light Bulb

Model #93122673

GE Cool Daylight 40-Watt EQ A15 Daylight 

Dimmable LED Light Bulb

Model #93122675

GE Cool Daylight 60-Watt EQ A15 Cool 

Daylight Dimmable LED Light Bulb

Model #93122746

GE Cool Daylight 60-Watt EQ A15 Cool 

Daylight Dimmable LED Light Bulb

Model #93122747

GE Cool Daylight 40-Watt EQ G25 Cool 

Daylight Dimmable Globe Light Bulb

Model #93122749

GE Cool Daylight 60-Watt EQ G25 Cool 

Daylight Dimmable Globe Light Bulb

Model #93122750

GE LED+ Timer 7-Watt EQ A19 Soft White 

LED Light Bulb

Model #93124530

GE LED 40-Watt EQ T8 Amber Dimmable 

Candle Light Bulb

Model #93129167

GE LED 40-Watt EQ T8 Amber Dimmable 

Candle Light Bulb

Model #93129168

GE Sunfilled 60-Watt EQ A21 Soft White 

Dimmable LED Light Bulb

Model #93129184

GE Sunfilled 60-Watt EQ A21 Daylight 

Dimmable LED Light Bulb

Model #93129185

GE Ultra Bright 150-Watt EQ A23 Daylight 

Dimmable LED Light Bulb

Model #93129224

GE LED 40-Watt EQ T8 Amber Dimmable 

Candle Light Bulb

Model #93129231

GE 60-Watt EQ CA10 Soft White Dimmable 

Candle Light Bulb

Model #93129286

GE 60-Watt EQ CA10 Daylight Dimmable 

Candle Light Bulb

Model #93129287

GE 60-Watt EQ A19 Soft White LED Light 

Bulb

Model #93129288

GE 60-Watt EQ A19 Daylight LED Light Bulb Model #93129289

Case 6:20-cv-00420-ADA Document 67 Filed 08/04/21 Page 6 of 7
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GE LED 60-Watt EQ A19 Soft White LED 

Light Bulb

Model #93129394

GE LED 60-Watt EQ A19 Daylight LED Light 

Bulb

Model #93129395

GE LED 60-Watt EQ B11 Soft White Candle 

Light Bulb

Model #93129398

GE LED 60-Watt EQ B11 Daylight Candle 

Light Bulb

Model #93129399

If the parties believe that one or more was included or omitted in error, the Court should be 

motioned accordingly. 

IV. CONCLUSION

Because the Court finds Plaintiff’s Motion for Leave diligent and important while mitigating

any prejudice experienced by Defendant by granting Defendants additional time to respond, 

Epistar’s Motion for Leave is GRANTED. Because some identified products do not fall into at 

least one of the identified product series (GE Classic, GE Refresh, GE Relax, GE Basic, GE 

Reveal, and GE Vintage), the Court finds they lack a basis to assert infringement and they are 

therefore DISMISSED. Thus, Defendants Motion to Dismiss is GRANTED IN PART AND 

DENIED IN PART. 

SIGNED this 4th day of August, 2021.

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

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