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Telinit Technologies v. Telefonica Europe et. al.

Telinit Technologies v. Telefonica Europe et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:12-cv-00661: Telinit Technologies, LLC v. Telefonica Europe plc et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l6UL for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:12-cv-00661: Telinit Technologies, LLC v. Telefonica Europe plc et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l6UL for more info.

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Published by: PriorSmart on Oct 13, 2012
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02/01/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONTELINIT TECHNOLOGIES, LLC §§Plaintiff, § CIVIL ACTION NO. 2:12-cv-661§v. § JURY TRIAL DEMANDED§TELEFÓNICA EUROPE PLC and §JAJAH, INC. §§Defendants. §
 
COMPLAINT FOR PATENT INFRINGEMENT
COMES NOW, Plaintiff Telinit Technologies, LLC (“Telinit”), through the undersigned
attorneys, and respectfully alleges, states, and prays as follows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement under the Patent Laws of the United
States, Title 35 of the United States Code (“U.S.C.”), involving U.S. Patent 6,192,123(hereinafter the “‘123 Patent”, attached hereto as Exhibit “A”) in which Plaintiff TelinitTechnologies, LLC (hereinafter “Telinit”) makes the following allegations against defendantsTelefónica Europe plc (hereinafter “Telefónica Europe”) and JaJah, Inc. (hereinafter “JaJah”)
 
(collectively “Defendants”) to prevent and enjoin Defendants from inf 
ringing and profiting, in an
illegal and unauthorized manner and without authorization or consent from the ‘123 Patent
pursuant to 35 U.S.C. § 271, and to recover damages, attorneys fees, and costs.
 
 2
THE PARTIES
2.
 
Plaintiff Telinit is a Texas corporation with its principal place of business at 2500Dallas Parkway, Suite 260, Plano, Texas 75093-4871.3.
 
Defendant JaJah is a Delaware corporation with a principal place of business at2513 East Charleston Road, Suite 102, Mountain View, California, 94043. JaJah maintains aregistered agent at PHS Corporate Services, Inc., 1313 Market Street, Suite 5100, Wilmington,Delaware, 19801.4.
 
Defendant Telefónica Europe is a U.K. public limited company with a principalplace of business at 260 Bath Road, Slough, Berkshire, SL1 4DX.5.
 
Defendant Telefónica Europe acquired JaJah on or around December of 2009 inorder to develop and deliver new products to its customers, leverage the JaJah platform and
“leverage people and R&D expertise in Israel and Silicon Valley.” (
See
Exhibit “B”). JaJah is
still a wholly-owned subsidiary of Telefónica Europe.6.
 
Defendants are in the business of manufacturing, distributing and/or sellingnetwork-based telephony initiation systems and/or services throughout the United States,including in this judicial jurisdiction.
JURISDICTION AND VENUE
7.
 
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.§§1331 and 1338(a) because the action arises under the Patent Laws of the United States, 35U.S.C. §§ 1
et seq
.8.
 
This Court has personal jurisdiction over Defendants by virtue of their systematicand continuous contacts with this jurisdiction, as alleged herein, as well as because of the injuryto Telinit, and the cause of action Telinit has risen, as alleged herein.
 
 39.
 
Each of the
Defendants is subject to this Court’s specific and general personal
 jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to itssubstantial business in this forum, including: (i) at least a portion of the infringements allegedherein; and (ii) regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or deriving substantial revenue from goods and services provided to individuals inTexas and in this Judicial District.10.
 
Defendants have conducted and do conduct business within the state of Texas,including the geographic region within the Eastern District of Texas, directly or throughintermediaries, resellers or agents, or offer for sale, sell, advertise (including the use of interactive web pages with promotional material) products or services, or use or induce others to
use services or products in Texas that infringe the ‘123 Patent, knowingly induce others toinfringe and/or contribute to infringement of the ‘123 Patent occurring within Tex
as andelsewhere.11.
 
In addition to the Defendants’ continuously and systematically conducting
business in Texas, the causes of action against Defendants are connected (but not limited) to
Defendants’ purposeful acts committed in the state of Texas, includin
g the geographic region
within the Eastern District of Texas, including Defendants’ making, using, offering for sale, or 
selling network-based telephony initiation systems which include features that fall within the
scope of at least one claim of the ‘123
Patent.12.
 
Venue lies in this judicial district pursuant to 28 U.S.C. §§1391 and 1400(b).
JOINDER
13.
 
Defendants are properly joined under 35 U.S.C. § 299(a)(1) because a right torelief is asserted against the parties jointly, severally, and in the alternative with respect to the

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