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UbiComm LLC

UbiComm LLC

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01164-UNA: UbiComm LLC. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8Fh for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01164-UNA: UbiComm LLC. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8Fh for more info.

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Published by: PriorSmart on Jul 01, 2013
Copyright:Public Domain

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07/01/2013

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1IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREUBICOMM, LLC,Plaintiff,v.LEXMARK INTERNATIONAL, INC.,Defendant.Civil Case No. ____________ 
JURY TRIAL DEMANDEDCOMPLAINT FOR PATENT INFRINGEMENT
Plaintiff 
UbiComm, LLC (“UbiComm” or “Plaintiff”),
for its complaint againstDefendant Lexmark International, Inc.
(“
Lexmark 
” or “Defendant”), hereby alleges as follows:
 
NATURE OF THE ACTION
1.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. §§ 1,
et seq
.
THE PARTIES
2.
 
Plaintiff UbiComm, LLC is a Delaware limited liability company organized withits place of business at 1220 N. Market Street, Suite 806, Wilmington, Delaware 19801.3.
 
Upon information and belief, Defendant Lexmark is a Delaware corporation withits principal place of business at One Lexmark Centre Drive, Lexington, KY 40550.
JURISDICTION AND VENUE
4.
 
The Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and1338(a).5.
 
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c) and 1400(b).
 
26.
 
Lexmark is subject to the jurisdiction of this Court by virtue of the fact it isincorporated in Delaware. Upon information and belief, Lexmark is also subject to the jurisdiction of this Court by reason of its acts of patent infringement which have been committedin this Judicial District, and by virtue of its regularly conducted and systematic business contactsin this State. As such, Lexmark has purposefully availed itself of the privilege of conducting business within this Judicial District; has established sufficient minimum contacts with thisJudicial District such that it should reasonably and fairly anticipate being haled into court in thisJudicial District; has purposefully directed activities at residents of this State; and at least a portion of the patent infringement claims alleged herein arise out of or are related to one or moreof the foregoing activities.
THE
 
PATENTS
-
IN
-
SUIT
 
7.
 
On September 10, 1996, United States Patent No. 5,555,376 (the “’376 Patent”),entitled “Method For Granting A User Request Having Locational And Contextual AttributesConsistent With User Policies For Devices Having Locational Attributes Consistent With TheUser Request,” was duly and legally issued by the United States Patent and Trademark Office. Atrue and correct copy of the ’376 Patent is attached as Exhibit A to this Complaint.
 8.
 
UbiComm is the assignee and owner of the right, title and interest in and to the’376 Patent, including the right to assert all causes of action arising under the ‘376 Patent and theright to any remedies for infringement.
 9.
 
On February 11, 1997, United States Patent No. 5,603,054 (the “’054 Patent”),entitled “Method For Triggering Selected Machine Event When The Triggering Conditions Of An Identified User Are Perceived,” was duly and legally issued by the United States Patent and
 
3
Trademark Office. A true and correct copy of the ’054 Patent is attached as Exhibit B to thisComplaint.
 10.
 
UbiComm is the assignee and owner of the right, title and interest in and to the’054 Patent, including the right to assert all causes of action arising under the ’054 Patent and theright to any remedies for infringement.
 
11.
 
On March 11, 1997, United States Patent No. 5,611,050 (the “’050 Patent”),entitled “Method For Selectively Performing Event On Computer Controlled Device WhoseLocation And Allowable Operation Is Consistent With The Contextual And Locational AttributesOf The Event,” was duly and legally issued by the United States Patent and Trademark Office. Atrue and correct copy of the ’050 Patent is attached as Exhibit C to this Complaint.
 12.
 
UbiComm is the assignee and owner of the right, title and interest in and to the’050 Patent, including the right to assert all causes of action arising under the ’050 Patent and theright to any remedies for infringement.
 
COUNT
 
I
 
 – 
 
INFRINGEMENT
 
OF
 
U.S.
 
PATENT
 
NO.
 
5,555,376
 
13.
 
The allegations set forth in the foregoing paragraphs 1 through 12 are herebyrealleged and incorporated herein by reference.14.
 
In violation of 35 U.S.C. § 271(a) and without license or authorization, Lexmark 
has directly infringed, and continues to directly infringe, at least Claim 1 of the ’376 Patent both
literally and under the doctrine of equivalents. Lexmark 
’s direct infring
ement includes the use,
testing and operation (the “’376
 
Patent Direct Accused Activities”), in the United States,
including within this Judicial District, of its secure printing document output managementtechnology, including the Lexmark Print Release, when connected to, installed with or operatedwith a printer 
network (the “’376 Patent Accused Products”).

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