LLC, Plaintiff, Civil Action No. 1:12-cv-3544 v. ZEBRA TECHNOLOGIES CORPORATION, Defendant.



Plaintiff Advanced Printing Solutions LLC files this Complaint against Zebra Technologies Corporation (“Defendant”) for infringement of U.S. Patent No. RE38111 (“the ’111 patent”). THE PARTIES 1. Advanced Printing Solutions LLC (“APS”) is a limited liability company

organized and existing under the laws of the State of Texas, with a principal place of business located in Frisco, Texas. 2. Zebra Technologies Corporation (“Zebra”) is a Delaware corporation with a

principal place of business in this Division of the Northern District of Illinois, at 475 Half Day Road, Suite 500, Lincolnshire, Illinois. This Defendant may be served with process through its registered agents, C T Corporation System, 208 South LaSalle Street, Suite 814, Chicago, Illinois 60604.


JURISDICTION AND VENUE 3. APS brings this action for patent infringement under the patent laws of the United

States, namely 35 U.S.C. §§ 271, 281, and 284-285, among others. 4. This Court has subject matter jurisdiction over the claims in this action pursuant

to 28 U.S.C. §§ 1331, 1338(a), and 1367. 5. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 (b), 1391(c)

and 1400(b). Defendant resides in this judicial district, has committed acts of infringement in this judicial district, has purposely transacted business in this judicial district, and/or has regular and established places of business in this judicial district. 6. Defendant is subject to this Court’s specific and general personal jurisdiction

pursuant to due process and due at least to its substantial business in this State and judicial district, including: (A) at least part of its infringing activities alleged herein; and (B) regularly doing or soliciting business and, accordingly, deriving substantial revenue from goods and services provided to Illinois residents. PATENT INFRINGEMENT 7. 8. APS incorporates paragraphs 1 through 6 herein by reference. APS is the assignee of the ’111 patent, entitled “Printer with Internal Document

Data Construction,” with ownership of all substantial rights in the ’111 patent, including the right exclude others and to enforce, sue and recover damages for past and future infringement. A true and correct copy of the ’111 patent is attached as Exhibit A. 9. The ’111 patent is valid, enforceable, and was duly issued in full compliance with

Title 35 of the United States Code.



Defendant has infringed and continue to directly infringe one or more claims of

the ’111 patent in this judicial district and elsewhere in Illinois and the United States by or through the testing, making, using, offering for sale, selling, and/or importing of certain printing devices, a list of which is attached as Exhibit B. Defendant has been, and now is, directly infringing claims of the ’111 patent, including (for example, and without limitation) at least claims 17 and 18 of the ’111 patent, by or through the testing, making, using, offering for sale, selling, and/or importing of printing devices that are sold with, inter alia, an internal printer controller, an external data stream input port operative to receive an external data stream including automatic document selection data, a document construction module in communication with the internal printer controller, and a document data printing mechanism that prints document data in a designated document format. 11. APS has been damaged as a result of Defendant’s infringing conduct described

herein. Defendant is, thus, liable to APS in an amount that adequately compensates it for Defendants’ infringements, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284. JURY DEMAND APS hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure. PRAYER FOR RELIEF APS requests that the Court find in its favor and against Defendant, and that the Court grant APS the following relief: a. Judgment that one or more claims of the ’111 Patent have been infringed, either literally and/or under the doctrine of equivalents, by Defendant;



Judgment that Defendant accounts for and pay to APS all damages to and costs incurred by APS because of Defendant’s infringing activities and other conduct complained of herein;


Judgment that Defendant accounts for and pay to APS a reasonable, on-going, post-judgment royalty because of Defendant’s infringing activities and other conduct complained of herein;


That APS be granted pre-judgment and post-judgment interest on the damages caused by Defendant’s infringing activities and other conduct complained of herein;


That APS be awarded its attorneys’ fees incurred in this action in accordance with 35 U.S.C. § 285; and


That APS be granted such other and further relief as the Court may deem just and proper under the circumstances.


May 9, 2012

/s/Timothy P. Maloney Timothy P. Maloney FITCH, EVEN, TABIN & FLANNERY, LLP 120 South LaSalle Street, Suite 1600 Chicago, Illinois 60603 Telephone: (312) 577-7000 Facsimile: (312) 577-7007


Of Counsel Decker A. Cammack Texas State Bar No. 24036311 Edward E. Casto Texas State Bar No. 00797142 NELSON BUMGARDNER CASTO, P.C. 3131 West 7th Street, Suite 300 Fort Worth, Texas 76107 (817) 377-9111 (817) 377-3485 (fax) Attorneys for Plaintiff Advanced Printing Solutions LLC


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