Case 1:19-cv-11278-RGS Document 1 Filed 06/07/19 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
`
`
`Plaintiff,
`
`UNILOC 2017 LLC,
`
`
`
`v.
`
`ATHENAHEALTH, INC.,
`
`
`
`Defendant.
`
`Civil Action No. 1:19-cv-11278
`
`
`
`
`COMPLAINT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc), for its complaint against defendant, Athenahealth,
`
`Inc. (“Athenahealth”), alleges:
`
`THE PARTIES
`
`Uniloc is a Delaware limited liability company.
`
`Athenahealth is a Delaware corporation having a principal place of business in
`
`1.
`
`2.
`
`Watertown, 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).
`
`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,324,578)
`
`Uniloc incorporates paragraphs 1-3 above by reference.
`
`Uniloc is the owner, by assignment, of U.S. Patent No. 6,324,578 (“the ’578
`
`4.
`
`5.
`
`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
`
`
`Plaintiff,
`
`UNILOC 2017 LLC,
`
`
`
`v.
`
`ATHENAHEALTH, INC.,
`
`
`
`Defendant.
`
`Civil Action No. 1:19-cv-11278
`
`
`
`
`COMPLAINT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc), for its complaint against defendant, Athenahealth,
`
`Inc. (“Athenahealth”), alleges:
`
`THE PARTIES
`
`Uniloc is a Delaware limited liability company.
`
`Athenahealth is a Delaware corporation having a principal place of business in
`
`1.
`
`2.
`
`Watertown, 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).
`
`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,324,578)
`
`Uniloc incorporates paragraphs 1-3 above by reference.
`
`Uniloc is the owner, by assignment, of U.S. Patent No. 6,324,578 (“the ’578
`
`4.
`
`5.
`
`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
`
`MANAGEMENT OF CONFIGURABLE APPLICATION PROGRAMS ON A NETWORK,
`
`1
`
`
`
`Case 1:19-cv-11278-RGS Document 1 Filed 06/07/19 Page 2 of 5
`
`which issued on November 27, 2001 on an application filed on December 14, 1998. A copy of
`
`the ’578 Patent is attached as Exhibit A.
`
`6.
`
`Athenahealth operated a centrally hosted Content Distribution Network known as
`
`athenaNet.
`
`7.
`
`Users downloaded applications from Athenahealth via athenaNet for installation
`
`on the user’s computer.
`
`8.
`
`Athenahealth offered numerous tools via athenaNet that provided the user with
`
`user-configurable features, such as Profile and My Notifications in athenacommunicator.
`
`9.
`
`Athenahealth used log in and passwords to ensure that athenaNet users were
`
`authorized users.
`
`10.
`
`AthenaNet allowed a user to provide and exchange information, such as health
`
`records.
`
`11.
`
`According to www.athenahealth.com, athenaNet provided customers with
`
`administrator preferences, such as the ability to set user password parameters and control the
`
`amount and kind of information the user can access.
`
`12.
`
`Athenahealth infringed, and continues to infringe, at least claim 1 of the ’578
`
`Patent by making, using, offering for sale, and/or selling the athenaNet system, which software
`
`and associated backend server architecture allow for installing application programs having
`
`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 configurable preferences,
`
`obtaining an administrator set of configurable preferences, and executing the application
`
`program using the user and administrator sets of configurable preferences responsive to a request
`
`from a user.
`
`2
`
`
`
`Case 1:19-cv-11278-RGS Document 1 Filed 06/07/19 Page 3 of 5
`
`13.
`
`Athenahealth also infringed the ’578 Patent by actively inducing the use of the
`
`athenaNet system. Athenahealth’s customers who used the athenaNet system as Athenahealth
`
`instructed infringed the ’578 patent, as described above. Athenahealth intentionally instructed its
`
`users to infringe, with knowledge they were infringing, by providing instructions with its
`
`athenaNet system.
`
`14.
`
`Athenahealth also infringed the ’578 patent by offering to sell, selling, and/or
`
`otherwise commercializing the athenaNet system, which was used to infringe the ’578 Patent,
`
`and constituted a material part of the invention. Athenahealth knew portions of the software in
`
`the athenaNet system that provide the infringing functionality were especially written solely for
`
`use to implement what it knew was infringement of the ’578 Patent, as described above.
`
`Athenahealth also knew those portions had no use, other than for infringement.
`
`15.
`
`Athenahealth has been on notice of the ’578 Patent since, at the latest, the service
`
`of the complaint upon Athenahealth on May 17, 2017, in the previous action between Uniloc and
`
`Athenahealth in the Eastern District of Texas. Athenahealth has known and intended (since
`
`receiving such notice) that its continued actions would actively induce and contribute to
`
`infringement of the ’578 Patent.
`
`16.
`
`Athenahealth may have infringed the ’578 Patent through other software and
`
`architecture utilizing the same or reasonably similar functionality, including other versions of the
`
`athenaNet system.
`
`17.
`
`Uniloc has been damaged by Athenahealth’s infringement of the ’578 Patent.
`
`COUNT II
`(INFRINGEMENT OF U.S. PATENT NO. 7,069,293)
`
`18.
`
`Uniloc incorporates by reference paragraphs 1-17 above.
`
`3
`
`
`
`Case 1:19-cv-11278-RGS Document 1 Filed 06/07/19 Page 4 of 5
`
`19.
`
`Uniloc is the owner, by assignment, of U.S. Patent No. 7,069,293 (“the ’293
`
`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
`
`MANAGEMENT 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.
`
`20.
`
`Athenahealth uses an Apache network management server and one or more
`
`Apache on-demand servers to distribute to users and operate its solutions, such as the ePocrates
`
`software.
`
`21.
`
`Athenahealth infringed, and continues to infringe, at least claim 1 of the ’293
`
`Patent by making, using, offering for sale, and/or selling the athenaNet system, which software
`
`and associated backend server architecture allow for providing an application program for
`
`management 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.
`
`22.
`
`Athenahealth has been on notice of the ’293 Patent since, at the latest, the service
`
`of the complaint upon Athenahealth on May 17, 2017 in a previous action between Uniloc and
`
`Athenahealth in the Eastern District of Texas. By the time of trial, Athenahealth will have
`
`known and intended (since receiving such notice) that its continued actions would infringe the
`
`’293 Patent.
`
`4
`
`
`
`Case 1:19-cv-11278-RGS Document 1 Filed 06/07/19 Page 5 of 5
`
`23.
`
`Athenahealth may have infringed the ’293 Patent through other software and
`
`architecture utilizing the same or reasonably similar functionality, including other versions of the
`
`athenaNet system.
`
`24.
`
`Uniloc has been damaged by Athenahealth’s infringement of the ’293 Patent.
`
`PRAYER FOR RELIEF
`
`Uniloc requests that the Court enter judgment against Athenahealth:
`
`(A)
`
`that Athenahealth has infringed the ’578 Patent and the ’293 Patent;
`
`(B)
`
`awarding Uniloc its damages suffered as a result of Athenahealth’s infringement
`
`of the ’578 Patent and the ’293 Patent;
`
`(C)
`
`awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
`
`(D)
`
`granting Uniloc such further relief as the Court may deem proper.
`
`DEMAND FOR JURY TRIAL
`
`
`
`Pursuant to Fed. R. Civ. P. 38, Uniloc demands trial by jury on all issues so triable.
`
`
`Date: June 7, 2019
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`/s/ Paul J. Hayes
`Paul J. Hayes (BBO # 227000)
`Kevin Gannon (BBO # 640931)
`James J. Foster (BBO #553285)
`Aaron Jacobs (BBO # 677545)
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Email: phayes@princelobel.com
`Email: kgannon@princelobel.com
`Email: jfoster@princelobel.com
`Email: ajacobs@princelobel.com
`
`ATTORNEYS FOR THE PLAINTIFF
`
`
`5
`
`
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