Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
InMotion Imagery Technologies v. Serif

InMotion Imagery Technologies v. Serif

Ratings: (0)|Views: 18|Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00556: InMotion Imagery Technologies, LLC v. Serif Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8MA for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00556: InMotion Imagery Technologies, LLC v. Serif Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8MA for more info.

More info:

Published by: PriorSmart on Jul 23, 2013
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/24/2013

pdf

text

original

 
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISION
INMOTION IMAGERY TECHNOLOGIES,LLC,Plaintiff,v.SERIF INC.,Defendant.§§§§§§§§§§§CIVIL ACTION NO. 2:13-cv-556
JURY TRIAL DEMANDEDCOMPLAINT FOR PATENT INFRINGEMENT
Plaintiff InMotion Imagery Technologies, LLC (hereinafter, “InMotion” or “Plaintiff”)
 by and through its undersigned counsel, files this Complaint against Defendant Serif Inc.
(hereinafter, “Defendant” or “Serif”)
, as follows:
NATURE OF THE ACTION
1.
 
This is a patent infringement action to stop Serif 
s
infringement of Plaintiff’s
United States Patent No. 6,5
26,219 (hereinafter, the “‘219 Patent”), entitled “Pict
ure-BasedVideo Indexing System
, and United States Patent No.
8,150,239, also entitled “Picture
-BasedVideo Indexing S
ystem” (hereinafter, the “‘239 Patent”) (collectively, referred to as the “Patents
-in-
Suit”). A copy
 
of the ‘219 P
atent
and the ‘239
Patent is attached hereto as Exhibit A andExhibit B, respectively. Plaintiff is the assignee of all title and interest of the Patents-in-Suitwith respect to Serif. Plaintiff seeks injunctive relief and monetary damages.
 
2
PARTIES
2.
 
Plaintiff InMotion is a limited liability company organized and existing under thelaws of Texas with its principal place of business at 104 East Houston Street, Suite #175,Marshall, Texas 75670.3.
 
Plaintiff is the assignee of all title and interest of the Patents-in-Suit with respectto Serif. Plaintiff possesses the entire right to sue Serif for infringement and recover pastdamages.4. Upon information and belief, Defendant Serif Inc. is a corporation organized andexisting under the laws of the State of Delaware, with its principal place of business located at4041 MacArthur Boulevard, Suite 295, Newport Beach, California 92660. Defendant is, uponinformation and belief, registered with the California Secretary of State as a foreign business.Defendant may be served through its registered agent, Michael Zavala, 2501 E. 16
th
Street, UnitA, Newport Beach, California 92663.
JURISDICTION AND VENUE
6 This action arises under the Patent Laws of the United States, 35 U.S.C. § 1
et  seq.,
including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter  jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).7. The Court has personal jurisdiction over Serif because Serif has minimumcontacts within the State of Texas, and the Eastern District of Texas; Serif has purposefullyavailed itself of the privileges of conducting business in the State of Texas and in the EasternDistrict of Texas; Serif has sought protection and benefit from the laws of the State of Texas;Serif regularly conducts business within the State of Texas and within the Eastern District of Texas;
and, Plaintiff’s cause of action arise
s directly from
Serif’s
business contacts and other activities in the State of Texas and in the Eastern District of Texas.
 
38. More specifically, Serif, directly and/or through intermediaries, ships, distributes,offers for sale, sells, and/or advertises its products and services in the United States, the State of Texas, and the Eastern District of Texas. Upon information and belief, Serif has committed patent infringement in the State of Texas and in the Eastern District of Texas, has contributed to patent infringement in the State of Texas and in the Eastern District of Texas and/or has inducedothers to commit patent infringement in the State of Texas and in the Eastern District of Texas.Serif solicits customers in the State of Texas and in the Eastern District of Texas. Serif has many paying customers who are residents of the State of Texas and the Eastern District of Texas andwho each use respectively Serif 
s products and services in the State of Texas and in the EasternDistrict of Texas.9. Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. §§ 1391and 1400(b).
COUNT I:INFRINGEMENT OF U.S. PATENT NO. 6,526,219BY SERIF
9.
United States Patent No. 6,526,219, entitled “Picture
-Based Video Indexing
System,” was duly and legally issued by the United States Patent and Trademark Office on
February 25, 2003 after full and fair examination. Plaintiff is the assignee of all rights, title, and
interest in and to the ‘219 P
atent and possesses all rig
hts of recovery under the ‘219 P
atentincluding the right to sue for infringement and recover past damages.10. Upon information and belief, Serif has infringed and continues to infringe one or 
more claims of the ‘219 P
atent by making, using, providing, offering to sell, and selling (directlyor through intermediaries), in this district and elsewhere in the United States, products capable of 

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->