Plaintiff, v. Acronis, Inc. Defendant. ) ) ) ) ) ) ) ) )

Case No. 4:12-cv-690


COMPLAINT PB&J Software, LLC (“PB&J”) seeks legal and equitable remedies for infringement of Plaintiff’s United States Patents No. 7,356,535 (the “’535 Patent”) by Acronis, Inc. (“Acronis”). JURISDICTION AND VENUE 1. This is an action for patent infringement under Title 35 of the United States code. Plaintiff is seeking injunctive relief as well as damages. 2. Subject matter jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (federal question) and 1338(a) (patents). 3. Venue is proper under 28 U.S.C. §§ 1391(c). 4. Plaintiff is a Missouri limited liability company with its principal place of business at 11880 Conway Road, St. Louis, MO 63131. 5. On information and belief, Defendant Acronis, Inc. is a Delaware corporation with its principal place of business at 300 TradeCenter, Suite 6700, Woburn, MA 01801. On information and belief, Acronis does business throughout the United States, including within this judicial district.


6. This Court has personal jurisdiction over Defendant because, on information and belief, Defendant does business in this district; and/or has systematic and continuous contacts in this district. INFRINGEMENT OF U.S. PATENT 7,356,535 7. Plaintiff incorporates the above paragraphs herein by reference. 8. This cause of action arises under the patent laws of the United States, and in particular Title 35 of the United States Code. 9. Plaintiff is the assignee of and owns all right, title and interest in and has standing to sue for infringement of the ‘535 Patent. 10. The '535 Patent is valid, enforceable and was duly issued in full compliance with Title 35 of the United States Code. 11. Defendant is infringing, inducing others to infringe, and/or contributorily infringing, in the United States and this District, at least one claim of the '535 Patent. Such infringing activities by Defendant include making, using, importing, selling and/or offering products and services. The infringing activities include, but are not limited to, offering services and licensing software implementing what Acronis identifies as an initial “seed” backup. 12. Defendant has derived substantial revenue from its infringement. 13. Defendant's actions as described herein constitute infringement of at least one claim of the '535 Patent in violation of 35 U.S.C. §§ 271, 281-285. 14. Defendant's infringement is willful because Defendant has infringed the ‘535 Patent as alleged herein, with knowledge of the '535 Patent. 15. This case is exceptional pursuant to the provisions of 35 U.S.C. § 285.


16. Defendant's actions complained of herein are causing irreparable harm and monetary damage to Plaintiff and will continue to do so unless and until Defendant is enjoined and restrained by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff asks the Court to: A. Enter judgment for Plaintiff on this Complaint; B. Enjoin Defendant, its agents, officers, servants, employees, attorneys and all persons in active concert or participation with Defendant who receive notice of the order from further infringement of the ‘535 Patent; C. Award Plaintiff damages resulting from Defendant's infringement in accordance with 35 U.S.C. § 284; D. Treble the damages in accordance with the provisions of 35 U.S.C. § 284; E. Find the case to be exceptional under the provisions of 35 U.S.C. § 285; F. Award Plaintiff reasonable attorney fees under 35 U.S.C. § 285; G. Award Plaintiff interest including, but not limited to, prejudgment and post judgment interest, and costs; and H. Award Plaintiff such further relief to which the Courts finds Plaintiff entitled under law or equity. JURY DEMAND Plaintiff requests a trial by jury of any and all issues triable of right by a jury. ********


Respectfully Submitted, POLSTER, LIEDER, WOODRUFF & LUCCHESI, L.C. By: /s/Nelson D. Nolte William B. Cunningham, Jr., MO Bar No. 20998 Nelson D. Nolte, MO Bar No. 53470 12412 Powerscourt Dr. Suite 200 St. Louis, MO 63131 PH: (314) 238-2400 F : (314) 238-2401 RIEZMAN BERGER, PC Charles S. Kramer, MO Bar No. 34416 7700 Bonhomme Ave. 7th Fl St. Louis, MO 63105 PH: (314) 727-0101 ROTH EVANS, PC Eric W. Evans, MO Bar No. 44522 2421 Corporate Center Dr., Suite 200 Granite City, IL 62040 PH: (618) 931-5000

Date: April 16, 2012

Attorneys for Plaintiff


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