Case 8:19-cv-01151-JLS-DFM Document 26 Filed 10/02/19 Page 1 of 5 Page ID #:240
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`Aaron S. Jacobs (Cal. Bar No. 214953)
`ajacobs@princelobel.com
`James J. Foster (pro hac vice)
`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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`Attorneys for Plaintiff
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`CIVIL ACTION NO. 8:19-cv-01151
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`AMENDED COMPLAINT
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`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 Amended Complaint against defendant,
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`Netsuite, Inc. (“Netsuite”), alleges:
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`THE PARTIES
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`1.
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`2.
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`Uniloc is a Delaware limited liability company.
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`Netsuite is a California corporation.
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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 under 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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`Uniloc incorporates by reference paragraphs 1-3 above.
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`Uniloc is the owner, by assignment, of U.S. Patent No. 6,324,578 (“the ’578
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`4.
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`5.
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`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
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`3303688.v1
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`

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`Case 8:19-cv-01151-JLS-DFM Document 26 Filed 10/02/19 Page 2 of 5 Page ID #:241
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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 was attached to the Complaint, Docket No. 1, as Exhibit A.
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`6.
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`An application program is software written to perform a particular function for a
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`user – as opposed to system software, which is designed to operate a network. An application
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`program can be executed on a server within a user’s browser window, as exemplified in the ’578
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`patent at col. 8, ll. 7-20. See Complaint, Dkt. No. 1, Ex. A.
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`7.
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`Netsuite used cloud software to distribute application programs, including ERP,
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`CRM, and PSA, to authorized users.
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`8.
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`Netsuite distributed configurable dashboards for its application programs to users.
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`The user would then configure the dashboard by, for example, dragging and dropping portlets to a
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`desired location.
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`9.
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`An administrator could set rules for a user’s degree of access to the application
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`program’s features, functionality, and information. An administrator could also, for example, set
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`company preferences, global email preferences, and specify date formats for the application
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`programs.
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`10.
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`Netsuite also provided users with an application launcher program for the Netsuite
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`products. An example of an application launcher program provided by Netsuite is available at:
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`https://system.netsuite.com/pages/customerlogin.jsp?country=US.
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`11.
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`Netsuite infringed at least claim 1 of the ’578 Patent by making, using, offering for
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`sale, and selling the Netsuite software distribution and management system, which software and
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`associated backend server architecture allowed 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 26 Filed 10/02/19 Page 3 of 5 Page ID #:242
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`12.
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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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`13.
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`Netsuite 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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`14.
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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 USA,
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`Inc. et al, and Netsuite for infringement of the ’578 Patent in the Eastern District of Texas.
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`Netsuite knew and intended (since receiving that notice) that its continued actions actively
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`induced, and contributed to, the infringement of the ’578 Patent.
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`15.
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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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`16.
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`Uniloc was 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 1-16 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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`17.
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`18.
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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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`3
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`Case 8:19-cv-01151-JLS-DFM Document 26 Filed 10/02/19 Page 4 of 5 Page ID #:243
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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 was attached to the Complaint, Docket No. 1, as Exhibit B.
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`19.
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`Netsuite distributes its application programs to a centralized network management
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`server for further distribution to edge servers.
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`20.
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`Netsuite specifies to the centralized network management server both where the
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`application programs can be found and where the application programs will be sent.
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`21.
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`Netsuite prepares a file package associated with each application program that
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`includes code to cause the edge servers to register the application program on the edge server to
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`make it recognized by and available to users at a client, who can then request execution of the
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`application program
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`22.
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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 selling the Netsuite software distribution and management
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`system, which software and associated backend server architecture allow for providing an
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`application program for distribution to a network server, specifying source and target directories
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`for the program to be distributed, preparing a file packet associated with the program including a
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`segment configured to initiate registration operations for the application program at a target on-
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`demand server, and distributing the file packet to the target on-demand server to make the program
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`available for use by a client user.
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`23.
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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 USA,
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`Inc. et al, and Netsuite for infringement of the ’293 Patent in the Eastern District of Texas.
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`Netsuite knew and intended (since receiving that notice) that its continued actions would infringe
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`the ’293 Patent.
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`24.
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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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`25.
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`Uniloc has been damaged by Netsuite’s infringement of the ’293 Patent.
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`Case 8:19-cv-01151-JLS-DFM Document 26 Filed 10/02/19 Page 5 of 5 Page ID #:244
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against Netsuite:
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`(A)
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`that Netsuite has infringed the ’578 Patent and the ’293 Patent;
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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, under 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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`Dated: October 2, 2019
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`Respectfully submitted,
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`/s/ James J. Foster
`Aaron S. Jacobs (Cal. Bar No. 214953)
`ajacobs@princelobel.com
`James J. Foster (pro hac vice
`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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`
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