Case 1:19-cv-11278-RGS Document 24 Filed 09/13/19 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
`
`
`Plaintiff,
`
`UNILOC 2017 LLC,
`
`
`
`v.
`
`ATHENAHEALTH, INC.,
`
`
`
`Defendant.
`
`Civil Action No. 1:19-cv-11278-RGS
`
`
`
`
`
`AMENDED COMPLAINT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc), for its Amended 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
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`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,
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`3288456.v1
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
`
`
`Plaintiff,
`
`UNILOC 2017 LLC,
`
`
`
`v.
`
`ATHENAHEALTH, INC.,
`
`
`
`Defendant.
`
`Civil Action No. 1:19-cv-11278-RGS
`
`
`
`
`
`AMENDED COMPLAINT
`
`Plaintiff, Uniloc 2017 LLC (“Uniloc), for its Amended 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,
`
`3288456.v1
`
`1
`
`
`
`Case 1:19-cv-11278-RGS Document 24 Filed 09/13/19 Page 2 of 4
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`which issued on November 27, 2001 on an application filed on December 14, 1998. A copy of
`
`the ’578 Patent was attached as Exhibit A to the Complaint.
`
`6.
`
`Athenahealth operated a centrally hosted Content Distribution Network known as
`
`athenaNet.
`
`7.
`
`Athenahealth infringed claims of the ’578 Patent by making, using, offering for
`
`sale, and selling the athenaNet system, as further detailed in the attached Exhibit C.
`
`8.
`
`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 at least claims 15, 31, and 46 of the ’578 patent. Athenahealth intentionally
`
`instructed its users to infringe, with knowledge they were infringing, by providing instructions
`
`with its athenaNet system.
`
`9.
`
`Athenahealth also infringed the ’578 patent by offering to sell, selling, 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.
`
`10.
`
`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
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`infringement of the ’578 Patent.
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`Case 1:19-cv-11278-RGS Document 24 Filed 09/13/19 Page 3 of 4
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`11.
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`Athenahealth may have infringed the ’578 Patent through other software and
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`architecture utilizing the same or reasonably similar functionality, including other versions of the
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`athenaNet system.
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`12.
`
`Uniloc has been damaged by Athenahealth’s infringement of the ’578 Patent.
`
`COUNT II
`(INFRINGEMENT OF U.S. PATENT NO. 7,069,293)
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`Uniloc incorporates by reference paragraphs 1-12 above.
`
`Uniloc is the owner, by assignment, of U.S. Patent No. 7,069,293 (“the ’293
`
`13.
`
`14.
`
`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 was attached as Exhibit B to the Complaint.
`
`15.
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`Athenahealth has infringed, and continues to infringe, claims of the ’293 Patent
`
`by making, using, offering for sale, or selling the athenaNet system, as further detailed in the
`
`attached Exhibit D.
`
`16.
`
`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.
`
`17.
`
`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.
`
`18.
`
`Uniloc has been damaged by Athenahealth’s infringement of the ’293 Patent.
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`Case 1:19-cv-11278-RGS Document 24 Filed 09/13/19 Page 4 of 4
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`PRAYER FOR RELIEF
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`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.
`
`
`Date: September 13, 2019
`
`
`
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`
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`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`/s/ James J. Foster
`Paul J. Hayes
`James J. Foster
`Kevin Gannon
`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
`
`ATTORNEYS FOR THE PLAINTIFF
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`
`CERTIFICATE OF SERVICE
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`I certify that all counsel of record who have consented to electronic service are being
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`served with a copy of this document via the Court’s CM/ECF system on September 13, 2019.
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`
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`/s/ James J. Foster
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`3288456.v1
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