Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 1 of 11
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
`
`
`Civil Action No. 1:19-cv-11272
`
`
`
`
`JURY TRIAL DEMANDED
`
`Plaintiff,
`
`UNILOC 2017 LLC,
`
`
`
`v.
`
`PAYCHEX, INC.,
`
`
`
`Defendant.
`
`
`
`
`
`
`COMPLAINT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its complaint against defendant, Paychex, Inc.
`
`(“Paychex”), alleges:
`
`THE PARTIES
`
`Uniloc is a Delaware limited liability company.
`
`Paychex is a Delaware corporation having regular and established places of
`
`1.
`
`2.
`
`business in Boston, Quincy, and Foxboro, Massachusetts.
`
`JURISDICTION
`
`3.
`
`Uniloc brings this action for patent infringement under the patent laws of the United
`
`States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`
`
`4.
`
`5.
`
`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,324,578)
`
`Uniloc incorporates by reference paragraphs 1-3 above.
`
`Uniloc is the owner, by assignment, of U.S. Patent No. 6,324,578 (“the ’578
`
`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
`
`MANAGEMENT OF CONFIGURABLE APPLICATION PROGRAMS ON A NETWORK,
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
`
`
`Civil Action No. 1:19-cv-11272
`
`
`
`
`JURY TRIAL DEMANDED
`
`Plaintiff,
`
`UNILOC 2017 LLC,
`
`
`
`v.
`
`PAYCHEX, INC.,
`
`
`
`Defendant.
`
`
`
`
`
`
`COMPLAINT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its complaint against defendant, Paychex, Inc.
`
`(“Paychex”), alleges:
`
`THE PARTIES
`
`Uniloc is a Delaware limited liability company.
`
`Paychex is a Delaware corporation having regular and established places of
`
`1.
`
`2.
`
`business in Boston, Quincy, and Foxboro, Massachusetts.
`
`JURISDICTION
`
`3.
`
`Uniloc brings this action for patent infringement under the patent laws of the United
`
`States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`
`
`4.
`
`5.
`
`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,324,578)
`
`Uniloc incorporates by reference paragraphs 1-3 above.
`
`Uniloc is the owner, by assignment, of U.S. Patent No. 6,324,578 (“the ’578
`
`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
`
`MANAGEMENT OF CONFIGURABLE APPLICATION PROGRAMS ON A NETWORK,
`
`1
`
`
`
`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 2 of 11
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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.
`
`6.
`
`The following image from www.paychex.com/products/ identifies services offered
`
`online by Paychex:
`
`7.
`
`The following image from https://myapps.paychex.com/landing_remote/login.do?
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`shows that Flex could be accessed through the Paychex web browser:
`
`
`
`8.
`
`The following image from http://static.paychexinc.com shows that the Flex app
`
`could be downloaded to mobile devices from sites such as Google Play and iTunes:
`
`
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`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 3 of 11
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`9.
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`The following image from www.paychex.com/demos/mobile-app/ shows the
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`mobile device interface that identified several Flex applications offered by Paychex:
`
`
`
`10.
`
`The following image from https://uxmag.com shows that the Flex software
`
`
`
`products could be accessed on mobile devices:
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`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 4 of 11
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`11.
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`The following image from http://static.paychexinc.com shows that the user was
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`offered numerous ways in which to configure the Paychex dashboard:
`
`
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`12.
`
`The following image from www.paychex.com/products/ illustrates the interface
`
`that opened when a user logged in to the Flex mobile application identifying products that the user
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`
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`was authorized to use:
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`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 5 of 11
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`13.
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`The following image from www.gcccd.edu/auxiliary/ shows that the users’
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`administrator could control access to features of the Flex software:
`
`
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`14.
`
`The following image from www.paychex.com shows that the administrator could
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`
`
`decide what the user sees using the Flex software:
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`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 6 of 11
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`15.
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`The following image from www.paychex.com shows that the administrator could
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`
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`edit employees’ input:
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`
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`16.
`
`As set forth above, Paychex infringed, and continues to infringe, at least claim 1 of
`
`the ’578 Patent by making, using, offering for sale, and/or selling the Paychex Flex (f/k/a Paychex
`
`Online) software distribution and management system, which software and associated backend
`
`server architecture allowed for installing application programs such as Flex and MyPaychex that
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`included configurable preferences and authorized users on a server coupled to a network,
`
`distributing an application launcher program to a client, obtaining a user set of the configurable
`
`preferences, obtaining an administrator set of configurable preferences, and executing the
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`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 7 of 11
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`application program using the user and administrator sets of configurable preferences responsive
`
`to a request from a user.
`
`17.
`
`Paychex also infringed the ’578 Patent by actively inducing the use of the Paychex
`
`software distribution and management system. Paychex’s customers who used the Paychex
`
`software distribution and management system as Paychex instructed infringed the ’578 Patent, as
`
`described above. Paychex intentionally instructed its customers to infringe, with knowledge they
`
`were infringing, by providing instructions for the Flex and MyPaychex software and system, such
`
`as described and exemplified in the figures above.
`
`18.
`
`Paychex also infringed the ’578 Patent by contributing to the infringement by
`
`offering to sell, selling, and/or otherwise commercializing the Paychex software distribution and
`
`management system, which was used by customers to infringe the ’578 Patent, and constituted a
`
`material part of the invention. Paychex knew portions of the software in the system that provide
`
`the infringing functionality were specially written solely for use to implement what it knew was
`
`infringement of the ’578 Patent, as described above. Paychex also knew those portions had no use,
`
`other than for infringement.
`
`19.
`
`Paychex has been on notice of the ’578 Patent since, at the latest, the service of the
`
`complaint upon Paychex in the previous action for infringement of the ’578 Patent between Uniloc
`
`USA, Inc./Uniloc Luxembourg, S.A. and Paychex in the Eastern District of Texas. Paychex has
`
`known and intended (since receiving that prior notice) that its continued actions would actively
`
`induce, and contribute to, the infringement of the ’578 Patent.
`
`20.
`
`Paychex may have infringed the ’578 Patent through other software and
`
`architecture utilizing the same or reasonably similar functionality as described above.
`
`21.
`
`Uniloc has been damaged by Paychex’s infringement of the ’578 Patent.
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`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 8 of 11
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`COUNT II
`(INFRINGEMENT OF U.S. PATENT NO. 7,069,293)
`
`Uniloc incorporates by reference paragraphs 1-21 above.
`
`Uniloc is the owner, by assignment, of U.S. Patent No. 7,069,293 (“the ’293
`
`
`
`22.
`
`23.
`
`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
`
`DISTRIBUTION OF APPLICATION PROGRAMS TO A TARGET STATION ON A
`
`NETWORK, which issued on June 27, 2006, claiming priority to an application filed on December
`
`14, 1998. A copy of the ’293 Patent is attached as Exhibit B.
`
`24.
`
`The following image from http://media.paychex.com shows that Paychex
`
`distributes applications from its servers to its customers:
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`25.
`
`The following image from www.my.Paychex.com shows that Paychex distributes
`
`its applications from a source directory to a target directory using on-demand servers (e.g. h7):
`
`
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`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 9 of 11
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`26.
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`The following image from https://myapps.paychex.com shows that the accused
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`Flex software includes a segment configured to allow a user to register in order to use the Flex
`
`
`
`system:
`
`27.
`
`As set forth above, Paychex infringed, and continues to infringe, at least claim 1 of
`
`the ’293 Patent by making, using, offering for sale, and/or selling the Paychex Flex software
`
`
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`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 10 of 11
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`distribution and management system, which software and associated backend server architecture
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`allow for providing an application program for distribution to a network server, specifying source
`
`and target directories for the program to be distributed, preparing a file packet associated with the
`
`program including a segment configured to initiate registration operations for the application
`
`program at a target on-demand server, and distributing the file packet to the target on-demand
`
`server to make the program available for use by a client user.
`
`28.
`
`Paychex has been on notice of the ’293 Patent since, at the latest, the service of this
`
`complaint upon Paychex in the previous action between Uniloc USA, Inc./Uniloc Luxembourg,
`
`S.A. and Paychex in the Eastern District of Texas. By the time of trial, Paychex will have known
`
`and intended (since receiving that notice) that its continued actions would infringe the ’293 Patent.
`
`29.
`
`Paychex may have infringed the ’293 Patent through other software and
`
`architecture utilizing the same or reasonably similar functionality, including other versions of the
`
`Paychex software distribution and management system.
`
`30.
`
`Uniloc has been damaged by Paychex’s infringement of the ’293 Patent.
`
`PRAYER FOR RELIEF
`
`Uniloc requests that the Court enter judgment against Paychex:
`
`(A)
`
`that Paychex has infringed the ’578 Patent and the ’293 Patent;
`
`(B)
`
`awarding Uniloc its damages suffered as a result of Paychex’s infringement of the
`
`
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`
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`’578 Patent and the ’293 Patent;
`
`
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`
`
`
`(C)
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`awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
`
`(E)
`
`granting Uniloc such further relief as the Court may deem proper.
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`Case 1:19-cv-11272-RGS Document 1 Filed 06/07/19 Page 11 of 11
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`DEMAND FOR JURY TRIAL
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`
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`Pursuant to Fed. R. Civ. P. 38 Uniloc demands trial by jury on all issues so triable
`
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`Dated: June 7, 2019
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`Respectfully submitted,
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`
`
`/s/ Paul J. Hayes
`
`
`Paul J. Hayes (BBO # 227000)
`James J. Foster (BBO # 553285)
`Kevin Gannon (BBO # 640931)
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Fax: (617) 456-8100
`Email: phayes@princelobel.com
`Email: jfoster@princelobel.com
`Email: kgannon@princelobel.com
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`
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`
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`ATTORNEYS FOR THE PLAINTIFF
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`3202734.v1
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`11
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