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Uniloc et. al. v. Ipswitch

Uniloc et. al. v. Ipswitch

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00367: Uniloc USA, Inc. et. al. v. Ipswitch, Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l882 for more info.
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00367: Uniloc USA, Inc. et. al. v. Ipswitch, Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l882 for more info.

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Published by: PriorSmart on May 01, 2013
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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASTYLER DIVISION
UNILOC USA, INC. and UNILOCLUXEMBOURG S.A.,Plaintiffs,v.IPSWITCH, INC.Defendant.§§§§§§§§§§§§CIVIL ACTION NO. 6:13-cv-367
JURY TRIAL DEMANDEDPLAINTIFFS’ COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs Uniloc USA, Inc. (“Uniloc USA”) and Uniloc Luxembourg S.A. (“UnilocLuxembourg”) (collectively, “Uniloc”) file this Original Complaint against Ipswitch, Inc. forinfringement of United States Patent No. 5,490,216 (“the ’216 patent”).
THE PARTIES
1.
 
Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation with its principal placeof business at Legacy Town Center I, Suite 380, 7160 Dallas Parkway, Plano, Texas 75024.Uniloc USA also maintains a place of business at 102 N. College, Ste. 806, Tyler, Texas 75702.2.
 
Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a Luxembourg public limitedliability company, with its principal place of business at 75, Boulevard Grande DuchesseCharlotte, L-1331, Luxembourg.3.
 
Uniloc researches, develops, manufactures and licenses information securitytechnology solutions, platforms and frameworks, including solutions for securing softwareapplications and digital content. Uniloc’s patented technologies enable software and content
 
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publishers to securely distribute and sell their high-value technology assets with minimumburden to their legitimate end users. Uniloc’s technology is used in several markets, includingsoftware and game security, identity management, intellectual property rights management, andcritical infrastructure security.4.
 
Ipswitch, Inc. (“Ipswitch” or “Defendant”) is a Massachusetts corporation with itsprincipal place of business in Lexington, Massachusetts. Ipswitch may be served with processthrough its registered agent, Roger C. Greene, 83 Hartwell Avenue, Lexington, Massachusetts02421. Upon information and belief, Ipswitch does business in the State of Texas and in theEastern District of Texas.
JURISDICTION AND VENUE
5.
 
Uniloc brings this action for patent infringement under the patent laws of theUnited States, namely 35 U.S.C. §§ 271, 281, and 284-285, among others. This Court hassubject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.6.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and1400(b). On information and belief, Ipswitch is deemed to reside in this judicial district, hascommitted acts of infringement in this judicial district, has purposely transacted businessinvolving its accused products in this judicial district and/or, has regular and established placesof business in this judicial district.7.
 
Ipswitch is subject to this Court’s specific and general personal jurisdictionpursuant to due process and/or the Texas Long Arm Statute, due at least to its substantialbusiness in this State and judicial district, including: (A) at least part of its infringing activitiesalleged herein; and (B) regularly doing or soliciting business, engaging in other persistentconduct, and/or deriving substantial revenue from goods sold and services provided to Texasresidents.
 
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COUNT I(INFRINGEMENT OF U.S. PATENT NO. 5,490,216)
8.
 
Uniloc incorporates paragraphs 1 through 7 herein by reference.9.
 
Uniloc Luxembourg is the owner, by assignment, of the 216 patent, entitled“SYSTEM FOR SOFTWARE REGISTRATION.A true and correct copy of the 216 patent isattached as Exhibit A.10.
 
Uniloc USA is the exclusive licensee of the 216 patent with ownership of allsubstantial rights in the ’216 patent, including the right to grant sublicenses, exclude others andto enforce, sue and recover damages for past and future infringements.11.
 
 The ’216 patent is valid, enforceable and was duly issued in full compliance with Title 35 of the United States Code.12.
 
Ipswitch is directly infringing one or more claims of the 216 patent in this judicial district and elsewhere in Texas, including at least claim 19, without the consent orauthorization of Uniloc, by or through making, using, offering for sale, selling and/or importing asystem, device and/or method for reducing software piracy, reducing casual copying and/orreducing the unauthorized use of software, including without limitation Ipswitch’s productactivation system and process that permits customers to activate and/or register software,including but not limited to Ipswitchs WS_FTP Professional 12
 
product.13.
 
Ipswitch also may be infringing through other product activation systems andprocesses that permit customers to activate and/or register software not presently known toUniloc. Uniloc reserves the right to discover and pursue relief against all infringinginstrumentalities.14.
 
Uniloc has been damaged as a result of Ipswitch’s infringing conduct described inthis Count. Ipswitch is, thus, liable to Uniloc in an amount that adequately compensates it for

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