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Prime Factors v. Protegrity

Prime Factors v. Protegrity

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 6:14-cv-00476-TC: Prime Factors, Inc. v. Protegrity USA, Inc. Filed in U.S. District Court for the District of Oregon, the Hon. Thomas M. Coffin presiding. See http://news.priorsmart.com/-la8Y for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 6:14-cv-00476-TC: Prime Factors, Inc. v. Protegrity USA, Inc. Filed in U.S. District Court for the District of Oregon, the Hon. Thomas M. Coffin presiding. See http://news.priorsmart.com/-la8Y for more info.

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Published by: PriorSmart on Mar 27, 2014
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COMPLAINT FOR PATENT NON-INFRINGEMENT AND INVALIDITY – Page 1 Frederick A. Batson, OSB No. 821887
GLEAVES SWEARINGEN LLP
P.O. Box 1147 Eugene, OR 97440 Telephone: (541) 686-8833 Facsimile: (541) 345-2034  batson@gleaveslaw.com and Jack N. Sibley, Georgia Bar #644850 - to be
admitted 
 
 pro hac vice
 
Carl H. Anderson, Jr., Georgia Bar #016320 - to be
admitted 
 
 pro hac vice
 
HAWKINS PARNELL THACKSTON & YOUNG LLP
4000 SunTrust Plaza 303 Peachtree Street, N.E. Atlanta, GA 30308-3243 Telephone: (404) 614-7400 Facsimile: (404) 614-7500  jsibley@hptylaw.com canderson@hptylaw.com Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION PRIME FACTORS, INC., a Georgia corporation
 
Plaintiff,
 
vs.
 
PROTEGRITY USA, INC., a Delaware corporation, Defendant. Case No.: COMPLAINT FOR PATENT NON - INFRINGEMENT AND INVALIDITY Declaratory Relief (28 U.S.C. §§ 2201 et seq.) JURY TRIAL REQUESTED
 
 
COMPLAINT FOR PATENT NON-INFRINGEMENT AND INVALIDITY – Page 2 Plaintiff Prime Factors, Inc. (“Prime Factors”) alleges as follows:
NATURE OF THE ACTION
1. This is an action for a declaratory judgment of non-infringement and invalidity of United States Patent Nos. 8,402,281 and 6,321,201.
THE PARTIES
2. Plaintiff Prime Factors is a Georgia corporation with its principal place of business located in Eugene, Oregon. 3. Upon information and belief, Defendant Protegrity USA, Inc. (“Defendant”) is a Delaware Corporation with its principal place of business at 5 High Ridge Park, Stamford, Connecticut 06905.
JURISDICTION AND VENUE
4. This action arises under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 et seq., and under the patent laws of the United States, Title 35, United States Code. This Court has  jurisdiction over this action pursuant to 35 U.S.C. §§ 271 et seq., and 28 U.S.C. §§ 1331, 1338 and 2201-2202. 5. This Court has personal jurisdiction over Defendant. Upon information and belief, Defendant has systematic and substantial contacts within the State of Oregon.
 
COMPLAINT FOR PATENT NON-INFRINGEMENT AND INVALIDITY – Page 3 6. Upon information and belief, Defendant has engaged in various acts and directed to the State of Oregon, including offering for sale products in Oregon, including at least its Big Data Protector product. 7. Venue is proper in this District under 28 U.S.C. §§ 1391(b) and (c) and § 1400(b)  because,
inter alia
, Defendant is subject to personal jurisdiction in this District, Prime Factors is headquartered in this District, a substantial part of the events giving rise to the claims at issue occurred in this District and key witnesses reside in this District.
CASE AND CONTROVERSY
8. Prime Factors is a company headquartered in Eugene, Oregon. Prime Factors is a public company that provides data security software and services. 9. On September 23, 2013, Defendant’s parent company, Protegrity Corporation (“ProCorp”), filed suit against Prime Factors alleging infringement of United States Patent Nos. 8,402,281 (the “‘281 patent”) and 6,321,201 (the “‘201 patent”) (collectively, the “patents-at-issue”). Defendant is not a party to that action (the “Connecticut Action”). 10. In the Connecticut Action, ProCorp alleged that it was the owner of the patents-at-issue. Moreover, on March 24, 2014 Prime Factors moved to transfer the Connecticut Action to the District of Oregon because,
inter alia
, Connecticut is not ProCorp’s forum (instead, ProCorp is a

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