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Adaptix v. Sony Mobile Communications et. al.

Adaptix v. Sony Mobile Communications et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-01385-SI: Adaptix, Inc. v. Sony Mobile Communications, Inc. et. al. Filed in U.S. District Court for the Northern District of California, the Hon. Susan Illston presiding. See http://news.priorsmart.com/-la9y for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-01385-SI: Adaptix, Inc. v. Sony Mobile Communications, Inc. et. al. Filed in U.S. District Court for the Northern District of California, the Hon. Susan Illston presiding. See http://news.priorsmart.com/-la9y for more info.

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Published by: PriorSmart on Mar 27, 2014
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03/27/2014

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION
)
ADAPTIX, INC.,
) ) Plaintiff, ) ) v. ) Civil Action No. 6:13-cv-442 ) SONY MOBILE COMMUNICATIONS, ) JURY TRIAL DEMANDED INC., SONY CORPORATION OF ) AMERICA, SONY MOBILE ) COMMUNICATIONS (USA), INC., )
 AT&T, INC.,
and AT&T MOBILITY ) LLC, ) ) Defendants. ) )
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which plaintiff, ADAPTIX, Inc. (“ADAPTIX”), complains against Defendants Sony Mobile Communications, Inc., Sony Corporation of America, and Sony Mobile Communications (USA), Inc. (collectively “Sony”), and Defendants AT&T, Inc., and AT&T Mobility LLC (collectively “AT&T”) (Sony and AT&T may be referred to collectively as “Defendants”), as follows: 1.
 
ADAPTIX is a Delaware corporation with its principal place of business in the Eastern District of Texas at 2400 Dallas Parkway, Suite 200, Plano, Texas 75093.
THE PARTIES
 2.
 
On information and belief, Sony Mobile Communications, Inc., is a corporation registered and lawfully existing under the Laws of Japan, with its principal place of business at 1-7-1 Konan, Minato-ku, Tokyo 108-0075, JAPAN, where it can be served with process.
 
2 3.
 
On information and belief, Sony Corporation of America is a Delaware corporation with its principal place of business at 550 Madison Avenue, New York, NY 10022. Sony Corporation of America has designated The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801 as its agent for service of process. 4.
 
On information and belief, Sony Mobile Communications (USA), Inc. is a Delaware corporation with its principal place of business at 3333 Piedmont Road NE, # 600, Atlanta, Georgia 30305 and/or 7001 Development Drive, Research Triangle, North Carolina 27709. Sony Mobile Communications (USA), Inc. has designated Capitol Services, Inc., 1675 South State Street, Suite B, Dover, Delaware 19901 as its agent for service of process. Sony Mobile Communications, Inc., Sony Corporation of America, and Sony Mobile Communications (USA), Inc. may be referred to collectively as “Sony.” 5.
 
On information and belief, AT&T, Inc. is a Delaware corporation with its  principal place of business at 208 Akard Street, Dallas, Texas 75202 and regularly does business throughout this judicial district. AT&T, Inc.’s registered agent for service of process in Texas is CT Corporation System, 350 North St. Paul Street, Dallas, Texas 75201. 6.
 
On information and belief, AT&T Mobility LLC is a Delaware corporation with its principal place of business at Glenridge Highlands Two, 5565 Glenridge Connector, Atlanta, Georgia 30342 and/or 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319, and does business in this judicial district at 5976 West Parker Road, Plano, Texas 75093 and by, among things, committing jointly, directly, and/or indirectly the tort of patent infringement giving rise to this complaint. AT&T Mobility LLC’s registered agent for service of process in Texas is CT Corporation System, 350 North St. Paul Street, Dallas, Texas 75201. AT&T, Inc. and AT&T Mobility LLC may be referred to collectively as “AT&T.”
 
3 7.
 
Sony and AT&T may be referred to collectively as the “Defendants.” 8.
 
This action arises under the patent laws of the United States, Title 35 of the United States Code, 35 U.S.C. §§ 101
et seq
. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
JURISDICTION AND VENUE
9.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b, c) and 1400(b). On information and belief, each defendant has purposely transacted business in this  judicial district, has committed acts of direct and/or indirect infringement in this judicial district. 10.
 
On information and belief, each defendant is subject to this Court’s specific and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to its substantial business in this forum, including: (A) at least part of its infringing activities alleged herein, and (B) regularly doing or soliciting business, engaging in other  persistent causes of conduct, and/or deriving substantial revenue from goods and services  provided to persons and other entities in Texas and this judicial district. (INFRINGEMENT OF U.S. PATENT NO. 7,454,212)
COUNT I
 11.
 
ADAPTIX incorporates paragraphs 1 through 10 herein by reference. 12.
 
This cause of action arises under the patent laws of the United States, and in  particular, 35 U.S.C. §§ 271
et seq
. 13.
 
ADAPTIX is the owner by assignment of United States Patent No. 7,454,212, entitled “OFDMA WITH ADAPTIVE SUBCARRIER-CLUSTER CONFIGURATION AND SELECTIVE LOADING” (“the ’212 patent”) with ownership of all substantial rights in the ’212  patent, including the right to exclude others and to sue and recover damages for the past and future infringement thereof. A true and correct copy of the ’212 patent is attached as Exhibit A.

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