IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONTELINIT TECHNOLOGIES, LLC §§Plaintiff, § CIVIL ACTION NO. 2:13-cv-440§v. § JURY TRIAL DEMANDED§EARTHLINK, INC., §EARTHLINK CARRIER, LLC, and §EARTHLINK BUSINESS, LLC §§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
This is an action for patent infringement under the Patent Laws of the United
States, Title 35 United States Code (“U.S.C.”) to prevent and enjoin defendants
Earthlink, Inc.,Earthlink Carrier, LLC, and Earthlink Business, LLC (hereinafter
”) from infringing and profiting, in an illegal and unauthorized manner and withoutauthorization and/or of the consent from Telinit, from U.S. Patent No. 6,192,123 (the “‘123 patent”, attached hereto as Exhibit “A”) pursuant to 35 U.S.C. §271, and to recover damages,
attorneys fees, and costs.
Plaintiff Telinit is a Texas corporation with its principal place of business at 2500Dallas Parkway, Suite 260, Plano, Texas 75093-4871.3.
Earthlink, Inc. is a corporation organized under the laws of the state of Delawarewith its principal place of business at 1375 Peachtree Street NE, Atlanta, Georgia 30309 and may