Invensys conducts business in this State and is making, using, selling, importing, and/or offeringfor sale infringing products, including but not limited to the Invensys InFusion
EnterpriseControl System, in this State, including but not limited to, within this judicial district.5. Venue properly lies in this District pursuant to 28 U.S.C. §§ 1391(b) and (c) and28 U.S.C. § 1400 because Invensys is amenable to personal jurisdiction in this District.
COUNT I – INFRINGEMENT OFU.S. PATENT NO. 5,594,858
6. Fisher-Rosemount realleges and incorporates by reference, as if fully set forthherein, all of the allegations contained in paragraphs 1-5 of this Complaint.7. U.S. Patent No. 5,594,858 (“’858 patent”), entitled “Uniform Control TemplateGenerating System and Method for Process Control Programming,” was duly and legally issuedon January 14, 1997, by the United States Patent and Trademark Office. A true and correct copyof the ’858 patent is attached hereto as Exhibit A.8. Fisher-Rosemount is the record owner of the ’858 patent by virtue of anassignment and owns all right, title, and interest in the ’858 patent.9. Upon information and belief, Invensys has been and currently is infringing, either literally or under the doctrine of equivalents, the ’858 patent by, among other things: (1) making,using, selling, importing, and/or offering for sale, within the United States, products that arecovered by one or more claims of the ’858 patent, including but not limited to Invensys’InFusion
Enterprise Control System; (2) contributing to the making, using, selling, importing,and/or offering for sale, within the United States, of products that are covered by one or moreclaims of the ’858 patent by selling a material component of the patented invention that does nothave substantial non-infringing uses, including but not limited to Invensys’ InFusion
Enterprise Control System or any substantially similar component, with knowledge that it will be