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Fisher-Rosemount Systems, Inc.

Fisher-Rosemount Systems, Inc.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00587: Fisher-Rosemount Systems, Inc. Filed in U.S. District Court for the Western District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8Kd for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00587: Fisher-Rosemount Systems, Inc. Filed in U.S. District Court for the Western District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8Kd for more info.

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Published by: PriorSmart on Jul 15, 2013
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08/27/2013

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4842-0505-6532.1
INTHE UNITED STATES DISTRICT COURTFOR THE WESTERNDISTRICT OFTEXASAUSTINDIVISION
FISHER-ROSEMOUNT SYSTEMS, INC.,Plaintiff,v.INVENSYS SYSTEMS, INC.,Defendant.))))))))))))Civil Action No. 13-CV-587
JURYTRIAL DEMANDEDCOMPLAINT
For its Complaint, Plaintiff Fisher-Rosemount Systems, Inc. (“Fisher-Rosemount”)complains against Defendant Invensys Systems, Inc. (“Invensys”) as follows:
THE PARTIES
1. Plaintiff Fisher-Rosemount is a corporation incorporated under the laws of Delaware with its principal place of business at 1100 W. Louis Henna Blvd., Bldg. 1, RoundRock, Texas 78681, within this judicial district.2. Upon information and belief, Invensys is a corporation incorporated under thelaws of the Commonwealth of Massachusetts having a principal place of business at 10900Equity Drive, Houston, Texas 77041.
JURISDICTIONAND VENUE
3. This is an action for patent infringement arising under the patent laws of theUnited States, specifically Title 35 of the United States Code. This Court, therefore, has jurisdiction over the subject matter pursuant to 28 U.S.C. §§ 1331 and 1338(a).4. This Court has personal jurisdiction over Invensys. Upon information and belief,
 
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4842-0505-6532.1
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
 
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4842-0505-6532.1
used in the infringement of the ’858 patent; and/or (3) inducing its customers, distributors andothers in the chain of distribution to make, use, sell, import and/or offer for sale products that arecovered by one or more claims of the ’858 patent, including but not limited to Invensys’InFusion
Enterprise Control System, with knowledge of and intent that its customers,distributors and others in the chain of distribution infringe the ’858 patent, all in violation of 35 U.S.C. § 271.10. Upon information and belief, Invensys has been and continues to be aware of the’858 patent and has and continues to willfully infringe the ’858 patent.11. Fisher-Rosemount has been and will continue to be damaged by Invensys’infringement of the ’858 patent and will be irreparably harmed unless that infringement isenjoined.
COUNT II – INFRINGEMENT OF U.S.PATENT NO. 5,838,563
12. Fisher-Rosemount realleges and incorporates by reference, as if fully set forthherein, all of the allegations contained in paragraphs 1-11 of this Complaint.13. U.S. Patent No. 5,838,563 (“’563 patent”), entitled “System for Configuring aProcess Control Environment,” was duly and legally issued on November 17, 1998, by theUnited States Patent and Trademark Office. A true and correct copy of the ’563 patent isattached hereto as Exhibit B.14. Fisher-Rosemount is the record owner of the 563 patent by virtue of anassignment and owns all right, title, and interest in the ’563 patent.15. Upon information and belief, Invensys has been and currently is infringing, eitheliterally or under the doctrine of equivalents, the ’563 patent by, among other things: (1) making,using, selling, importing, and/or offering for sale, within the United States, products that are

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