Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 1 of 10 Page ID #:1
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`
`
`
`Aaron S. Jacobs (Cal. Bar No. 214953)
`ajacobs@princelobel.com
`James J. Foster
`jfoster@princelobel.com
`Matthew Vella (Cal. Bar No. 314548)
`mvella@princelobel.com
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`
`Attorneys for Plaintiff
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
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`Civil Action No. 8:19-cv-01151
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`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`JURY TRIAL DEMANDED
`
`Plaintiff,
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`UNILOC 2017 LLC,
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`v.
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`NETSUITE, INC.,
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`Defendant.
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`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its complaint against defendant, Netsuite, Inc.
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`(“Netsuite”), alleges:
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`THE PARTIES
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`Uniloc is a Delaware limited liability company.
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`Netsuite is a California corporation having a regular and established place of
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`2.
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`business at 1620 26th Street, Santa Monica, California 90404.
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`JURISDICTION
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`3.
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`Uniloc brings this action for patent infringement under the patent laws of the United
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`States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
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`COUNT I
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`(INFRINGEMENT OF U.S. PATENT NO. 6,324,578)
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`4.
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`Uniloc incorporates by reference paragraphs 1-3 above.
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`Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 2 of 10 Page ID #:2
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`5.
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`Uniloc is the owner, by assignment, of U.S. Patent No. 6,324,578 (“the ’578
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`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
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`MANAGEMENT OF CONFIGURABLE APPLICATION PROGRAMS ON A NETWORK,
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`which issued on November 27, 2001 on an application filed on December 14, 1998. A copy of the
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`’578 Patent is attached as Exhibit A.
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`6.
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`The following image from www.Netsuite.com shows that the Netsuite cloud
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`software suite is used to distribute software products, including ERP, CRM, Ecommerce, and PSA:
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`7.
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`The following image from www.Netsuite.com shows that the Netsuite cloud
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`software suite is used to distribute of applications:
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`8.
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`The following image from www.Netsuite.com shows how an authorized user logs
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`in to Netsuite’s platform:
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`

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`Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 3 of 10 Page ID #:3
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`9.
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`The following image from a Netsuite product demo shows that the Netsuite
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`platform is used to distribute numerous configurable apps to authorized users:
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`The following image from a Netsuite product demo shows a configurable dashboard
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`of a Netsuite product distributed through the Netsuite platform to the user’s computer:
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`The following image from a Netsuite product demo shows how a user configures a
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`dashboard of a Netsuite product distributed through the Netsuite platform:
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`Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 4 of 10 Page ID #:4
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`12.
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`The following image from a Netsuite product demo shows how a user can configure
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`the dashboard by dragging and dropping gadgets to the desired location:
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`13.
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`The following image from a Netsuite product demo shows how an administrator has
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`not granted rights to this user to approve a Purchase Order and the platform will prevent the user
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`from approving the transaction:
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`Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 5 of 10 Page ID #:5
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`14.
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`The following image from a Netsuite product demo shows that the user has been
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`prevented by the administrator from using the Subsidiary Navigator feature:
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`15.
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`The following image from a Netsuite product demo shows that the user has been
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`granted permission by the administrator to use the Subsidiary Navigator feature:
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`16.
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`The following image from a Netsuite product demo shows that the administrator
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`can set rules for the degree of access to information based upon the user’s position in the company:
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`Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 6 of 10 Page ID #:6
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`17.
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`The following image shows a user interface for the Netsuite software:
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`18.
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`Netsuite has infringed at least claim 1 of the ’578 Patent by making, using, offering
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`for sale and/or selling the Netsuite software distribution and management system, which software
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`and associated backend server architecture allows for installing an application program having
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`configurable preferences and authorized users on a server coupled to a network, distributing an
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`application launcher program to a client, obtaining a user set of the configurable preferences,
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`obtaining an administrator set of configurable preferences, and executing the application program
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`using the user and administrator sets of configurable preferences responsive to a request from a
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`user.
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`Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 7 of 10 Page ID #:7
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`19.
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`Netsuite also infringed at least claim 1 of the ’578 Patent by actively inducing the
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`use of the Netsuite software distribution and management system. Netsuite’s customers who used
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`the Netsuite software distribution and management system in accordance with Netsuite’s
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`instructions infringed the ’578 Patent, as described above. Netsuite intentionally instructed its
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`customers to infringe, with knowledge they were infringing, by providing instructions through
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`materials as exemplified in the figures above.
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`20.
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`Netsuite has infringed at least claim 1 of the ’578 Patent by contributing to the
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`infringement by others, including customers using the Netsuite software distribution and
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`management system, by offering to sell or otherwise commercially offering use of its system,
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`which was used to infringe the ‘578 Patent and constituted a material part of the invention.
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`Netsuite knew portions of the software contained in the accused system were especially written
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`solely for use to implement what Netsuite knew was infringement of the ’578 Patent. Netsuite
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`knew these portions had no use, other than for infringement.
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`21.
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`Netsuite was on notice of the ’578 Patent since, at the latest, the service of the
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`original complaint upon Netsuite on August 22, 2016 in the previous action between Uniloc and
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`Netsuite for infringement of the ’578 Patent in the Eastern District of Texas. Netsuite knew and
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`intended (since receiving that notice) that its continued actions actively induced, and contributed
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`to, the infringement of the ’578 Patent.
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`22.
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`Netsuite may have infringed the ’578 Patent through other software and architecture
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`utilizing the same or reasonably similar functionality, including other versions of the Netsuite
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`software distribution and management system.
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`23.
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`Uniloc has been damaged by Netsuite’s infringement of the ’578 Patent.
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`COUNT II
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`(INFRINGEMENT OF U.S. PATENT NO. 7,069,293)
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`Uniloc incorporates by reference paragraphs 1-23 above.
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`Uniloc is the owner, by assignment, of U.S. Patent No. 7,069,293 (“the ’293
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`24.
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`25.
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`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
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`DISTRIBUTION OF APPLICATION PROGRAMS TO A TARGET STATION ON A
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`Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 8 of 10 Page ID #:8
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`
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`NETWORK, which issued on June 27, 2006, claiming priority to an application filed on December
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`14, 1998. A copy of the ’293 Patent is attached as Exhibit B.
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`26.
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`The following image from https://system.Netsuite.com shows that Netsuite used
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`Apache servers to distribute its software products:
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`27.
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`The following image from http://toolbar.netcraft.com shows that Netsuite used
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`Apache servers to distribute its software products:
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`28.
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`The following image from a Netsuite product demo shows that the Netsuite servers
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`distributed the application from a source directory at a Netsuite server to a target directory at the
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`user’s computer:
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`Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 9 of 10 Page ID #:9
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`29.
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`Netsuite has infringed, and continues to infringe, at least claim 1 of the ’293 Patent
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`by making, using, offering for sale and/or selling the Netsuite software distribution and
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`management system, which software and associated backend server architecture allow for
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`providing an application program for distribution to a network server, specifying source and target
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`directories for the program to be distributed, preparing a file packet associated with the program
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`including a segment configured to initiate registration operations for the application program at a
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`target on-demand server, and distributing the file packet to the target on-demand server to make
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`the program available for use by a client user.
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`30.
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`Netsuite has been on notice of the ’293 Patent since, at the latest, the service of the
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`original complaint upon Netsuite on August 22, 2016 in the previous action between Uniloc and
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`Netsuite for infringement of the ’578 Patent in the Eastern District of Texas. Netsuite knew and
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`intended (since receiving that notice) that its continued actions would infringe the ’293 Patent.
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`31.
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`Netsuite may have infringed the ’293 Patent through other software and architecture
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`utilizing the same or reasonably similar functionality, including other versions of the Netsuite
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`software distribution and management system.
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`32.
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`Uniloc has been damaged by Netsuite’s infringement of the ’293 Patent.
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against Netsuite as follows:
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`(A)
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`that Netsuite has infringed the ’578 Patent and the ’293 Patent;
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`Case 8:19-cv-01151-JLS-DFM Document 1 Filed 06/10/19 Page 10 of 10 Page ID #:10
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`(B)
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`awarding Uniloc its damages suffered as a result of Netsuite’s infringement of the
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`’578 Patent and the ’293 Patent pursuant to 35 U.S.C. § 284;
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`(C)
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`awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
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`(D)
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`granting Uniloc such further relief as the Court may deem proper.
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`DEMAND FOR JURY TRIAL
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`Uniloc demands trial by jury on all issues so triable pursuant to Fed. R. Civ. P. 38 and
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`Local Rule 38-1.
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`Dated: June 10, 2019
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`Respectfully submitted,
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`
`
`/s/ Aaron S. Jacobs
`Aaron S. Jacobs (Cal. Bar No. 214953)
`ajacobs@princelobel.com
`James J. Foster
`jfoster@princelobel.com
`Matthew Vella (Cal. Bar No. 314548)
`mvella@princelobel.com
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
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