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Adaptix v. Pantech et. al.

Adaptix v. Pantech et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00424: Adaptix, Inc. v. Pantech Co. Ltd et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8u5 for more info.
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00424: Adaptix, Inc. v. Pantech Co. Ltd et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8u5 for more info.

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Published by: PriorSmart on May 24, 2013
Copyright:Public Domain

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03/26/2014

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06040105
 
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF TEXASTYLER DIVISION
)
ADAPTIX, INC.,
))Plaintiff, ))v. ) Civil Action No. 6:13-cv-00424)
PANTECH COMPANY LIMITED,
)
PANTECH INC.
 d/b/a
 
)
PANTECH USA and
)
JURY TRIAL DEMANDED
 
CELLCO PARTNERSHIP
 
 d/b/a
)
VERIZON WIRELESS
, ))Defendants. ))
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which plaintiff, ADAPTIX, Inc.(“ADAPTIX”), complains against defendants, Pantech Company Limited (“Pantech Co.”),Pantech Inc.
d/b/a
Pantech USA (“Pantech USA”) (Pantech Co. and Pantech USA are referred to collectively as “Pantech”), and Cellco Partnership
d/b/a
Verizon Wireless (“Verizon”), asfollows:1.
 
ADAPTIX is a Delaware corporation with its principal place of business in theEastern District of Texas at 4100 Midway Road, Suite 2010, Carrollton, Texas 75007.
THE PARTIES
 2.
 
Upon information and belief, Defendant Pantech Co. Ltd. is a companyregistered and lawfully existing under the laws of the Republic of Korea, with an office and  principal place of business located at Pantech R&D Center, I-2B, DMC Sangam-dong Mapo-go, Seoul, Korea.
 
23.
 
On information and belief, Pantech USA is a Delaware corporation with its principal place of business at 5607 Glenridge Drive, Atlanta, Georgia 30342 and does business in this judicial district by, among other things, committing directly and/or indirectlythe tort of patent infringement giving rise to this complaint. Pantech USA’s registered agentfor service of process is The Prentice-Hall Corporation System, 2711 Centreville Road, Suite400, Wilmington, Delaware 19808. Alternatively, Pantech USA may be served with process by serving the Secretary of State of the State of Texas pursuant to the Texas Long ArmStatute, Texas Civil Practice & Remedies Code § 17.044 and asking the Secretary of State toserve Pantech USA at its principal place of business at 5607 Glenridge Drive, Atlanta,Georgia 30342 – Return Receipt Requested.4.
 
On information and belief, Verizon is a Delaware corporation with its principal place of business at 1 Verizon Way, Basking Ridge, New Jersey 07920 and does businessthroughout this judicial district and by, among other things, committing directly and/or indirectly the tort of patent infringement giving rise to this complaint. Verizon’s registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite400, Wilmington, Delaware 19808. Alternatively, Verizon may be served with process byserving the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute,Texas Civil Practice & Remedies Code § 17.044 and asking the Secretary of State to serveVerizon at its principal place of business at1 Verizon Way, Basking Ridge, New Jersey 07920 – Return Receipt Requested.
 
35.
 
This action arises under the patent laws of the United States, Title 35 of theUnited States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331and 1338(a).
JURISDICTION AND VENUE
6.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b, c) and 1400(b). On information and belief, each defendant has purposely transacted business in this judicial district, has committed acts of direct and/or indirect infringement in this judicialdistrict, and each defendant has availed itself of this forum by commencing patent litigationherein.7.
 
On information and belief, each defendant is subject to this Court’s specificand general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute,due at least to its substantial business in this forum, including: (A) at least part of itsinfringing activities alleged herein, and (B) regularly doing or soliciting business, engaging inothers persistent causes of conduct, and/or deriving substantial revenue from goods and services provided to persons and other entities in Texas and this judicial district.(INFRINGEMENT OF U.S. PATENT NO. 7,454,212)
COUNT I
 8.
 
ADAPTIX is the owner by assignment of United States patent number 7,454,212, entitled “OFDMA WITH ADAPTIVE SUBCARRIER-CLUSTER CONFIGURATION AND SELECTIVE LOADING” (“the ‘212 patent”) with ownership of all substantial rights in the ‘212 patent, including the right to exclude others and to sue and recover damages for the past and future infringement thereof. A true and correct copy of the‘212 patent is attached as Exhibit A.

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