Case 1:12-cv-00893-SS Document 1 Filed 09/25/12 Page 1 of 6
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`VERSATA SOFTWARE, INC., FIKIA
`TRILOGY SOFTWARE, INC.; and
`VERSATA DEVELOPMENT GROUP,
`INC., FIKIA TRILOGY DEVELOPMENT
`GROUP,INC.
`
`Plaintiffs,
`
`v.
`
`VOLUSION, INC.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`CIVIL ACTION NO. 1:12-cv-893
`
`JURY TRIAL DEMANDED
`
`PLAINTIFFS' ORIGINAL COMPLAINT
`
`Plaintiffs Versata Software, Inc., ffk/a Trilogy Software, Inc. and Versata Development
`
`Group, Inc., flkfa Trilogy Development Group, Inc. (collectively "Versata") file this Complaint
`
`for patent infringement against Defendant Volusion, Inc. ("Volusion").
`
`PARTIES
`
`1.
`
`Plaintiff Versata Software, Inc .• fIlda Trilogy Software, Inc., is a corporation
`
`existing under the laws of Delaware with its principal place of business at 6011 W. Courtyard
`
`Austin, Texas, 78730.
`
`2.
`
`Plaintiff Versata Development Group, Inc., fikfa Trilogy Development Group.
`
`Inc., is a corporation existing under the laws of Delaware with its principal place of business at
`
`401 Congress, Suite 2650, Austin, Texas 78730.
`
`3.
`
`Deiendant Volusion. Inc. is a Delaware corporation that has its principal place of
`
`business at 401 Congress. Suite 2650, Austin, Texas 78730.
`
`VOLUSION EXHIBIT 1005
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`VERSATA SOFTWARE, INC., FIKIA
`TRILOGY SOFTWARE, INC.; and
`VERSATA DEVELOPMENT GROUP,
`INC., FIKIA TRILOGY DEVELOPMENT
`GROUP,INC.
`
`Plaintiffs,
`
`v.
`
`VOLUSION, INC.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CIVIL ACTION NO. 1:12-cv-893
`
`JURY TRIAL DEMANDED
`
`PLAINTIFFS' ORIGINAL COMPLAINT
`
`Plaintiffs Versata Software, Inc., ffk/a Trilogy Software, Inc. and Versata Development
`
`Group, Inc., flkfa Trilogy Development Group, Inc. (collectively "Versata") file this Complaint
`
`for patent infringement against Defendant Volusion, Inc. ("Volusion").
`
`PARTIES
`
`1.
`
`Plaintiff Versata Software, Inc .• fIlda Trilogy Software, Inc., is a corporation
`
`existing under the laws of Delaware with its principal place of business at 6011 W. Courtyard
`
`Austin, Texas, 78730.
`
`2.
`
`Plaintiff Versata Development Group, Inc., fikfa Trilogy Development Group.
`
`Inc., is a corporation existing under the laws of Delaware with its principal place of business at
`
`401 Congress, Suite 2650, Austin, Texas 78730.
`
`3.
`
`Deiendant Volusion. Inc. is a Delaware corporation that has its principal place of
`
`business at 401 Congress. Suite 2650, Austin, Texas 78730.
`
`VOLUSION EXHIBIT 1005
`
`
`
`Case 1:12-cv-00893-SS Document 1 Filed 09/25/12 Page 2 of 6
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`JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement under the Patent Laws of the United
`
`States, 35 U.S.C. § 271.
`
`5.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`6.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400(b).
`
`FACTS
`
`7.
`
`Volusion makes and sells e-commerce software products to customers throughout
`
`the United Sates, including in this Judicial District.
`
`8.
`
`As described more fully below, Volusion's e-commerce software products
`
`infringe mUltiple patents owned by Versata.
`
`9.
`
`On December 21,2004, the USPTO duly and legally issued United States Patent
`
`No. 6,834,282 B 1 nhe '282 Patent"), entitled "Logical And Constraint Based Browse Hierarchy
`
`With Propagation Features." Versata holds all right, title, and interest in and to the '282 Patent,
`
`including the right to sue and recover damages for infringement thereof. A true and correct copy
`
`of the '282 Patent is attached as Exhibit A.
`
`10.
`
`On December 20, 2005. the USPTO duly and legally issued United States Patent
`
`No. 6,978,273 B I ("the '273 Patent"), entitled "Rules Based Custom Catalogs Generated From
`
`A Central Catalog Database For Multiple Entities." Versata holds all right, title, and interest in
`
`and to the '273 Patent, including the right to sue and recover damages for infringement thereof.
`
`A true and correct copy of the '273 Patent is attached as Exhibit B.
`
`11.
`
`On September 16, 2008, the USPTO duly and legally issued United States Patent
`
`No. 7,426,481 B 1 ("the '481 Patent"), entitled "Method And Apparatus For Sorting Products By
`
`2
`
`
`
`Case 1:12-cv-00893-SS Document 1 Filed 09/25/12 Page 3 of 6
`
`Features." Versata holds all right, title, and interest in and to the '481 Patent, including the right
`
`to sue and recover damages for infringement thereof. A true and correct copy of the' 481 Patent
`
`is attached as Exhibit C.
`
`12.
`
`Upon infonnation and belief, Volusion makes, uses, licenses, sells, and offers for
`
`sale into the State of Texas, in this judicial district, and elsewhere within the United States
`
`various e-commerce software products, which infringe the '282, '273, and '481 Patents.
`
`COUNT I: INFRINGEMENT OF THE '282 PATENT
`
`Versata incorporates the foregoing paragraphs as iffully set forth here.
`
`Volusion has been and is now directly infringing and indirectly infringing by way
`
`13.
`
`14.
`
`of inducing infringement and/or contributing to the infringement of the '282 Patent in the State
`
`of Texas, in this judicial district, and elsewhere within the United States by, among other things,
`
`making, using, licensing, selling, and offering for sale e-commerce software products and related
`
`servIces.
`
`15.
`
`16.
`
`Volusion's infringement has caused, and is continuing to cause, injury to Versata.
`
`Versata has been damaged by Volusion's infringement of the '282 Patent in an
`
`amount to be determined at trial, and has sutTered and will continue to suffer irreparable loss and
`
`injury unless Volusion is permanently enjoined from infringing the '282 Patent.
`
`17.
`
`At least as early as its receipt of this Complaint, Volusion has had knowledge of
`
`the '282 Patent and written notice of the infringement.
`
`COUNT II: INFRINGEMENT OF THE '273 PATENT
`
`Versata incorporates the foregoing paragraphs as iffully set forth here.
`
`Volusion has been and is now directly infringing and indirectly infringing by way
`
`18.
`
`19.
`
`of inducing infringement and/or contributing to the infringcment of the '273 Patent in the State
`
`3
`
`
`
`Case 1:12-cv-00893-SS Document 1 Filed 09/25/12 Page 4 of 6
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`of Texas, in this judicial district, and elsewhere within the United States by, among other things,
`
`making, using, licensing, selling, and offering for sale e-commerce software products and related
`
`serVIces.
`
`20.
`
`21.
`
`Volusion's infringement has caused, and is continuing to cause, injury to Versata.
`
`Versata has been damaged by Volusion's infringement of the '273 Patent in an
`
`amount to be determined at trial, and has suffered and will continue to suffer irreparable loss and
`
`injury unless Volusion is permanently enjoined irom infringing the '273 Patent.
`
`22.
`
`At least as early as its receipt of this Complaint, Volusion has had knowledge of
`
`the '273 Patent and written notice of the infringement.
`
`COUNT III: INFRINGEMENT OF THE '481 PATENT
`
`Versata incorporates the foregoing paragraphs as if fully set forth here.
`
`Volusion has been and is now directly infringing and indirectly infringing by way
`
`23.
`
`24.
`
`of inducing infringement and/or contributing to the infringement of the '481 Patent in the State
`
`of Texas, in this judicial district, and elsewhere within the United States by, among other things,
`
`making, using, licensing, selling, and offering for sale e-commerce software products and related
`
`serVICes.
`
`25.
`
`26.
`
`Volusion' s infringement has caused, and is continuing to cause, injury to Versata.
`
`Versata has been damaged by Volusion's infringement of the '481 Patent in an
`
`amount to be determined at trial, and has suffered and will continue to suffer irreparable loss and
`
`injury unless Volllsion is permanently enjoined from infringing the '481 Patent.
`
`27.
`
`At least as early as its receipt of this Complaint, Volllsion has had knowledge of
`
`the '481 Patent and written notice of the infringement.
`
`4
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`
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`Case 1:12-cv-00893-SS Document 1 Filed 09/25/12 Page 5 of 6
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`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiffs Versata Software, Inc., Versata Development Group, Inc. pray
`
`for the following relief against Defendant Volusion, Inc.
`
`A.
`
`A judgment in favor of Versata that Volusion has infringed, directly and
`
`indirectly by way of inducing infringement and/or contributing to the infringement of Versata's
`
`'282, '273, and '481 Patents;
`
`B.
`
`A permanent injunction, enjOlmng Volusion along with its otlicers, directors,
`
`agents, servants, employees, atliliates, divisions, branches, subsidiaries, and parents from
`
`infringing, inducing the infringement of, or contributing to the infringement of Versata's '282,
`
`'273, and '481 Patents;
`
`C.
`
`A judgment and order requiring Volusion to pay Versata damage for Volusion's
`
`infringement of Versata's '282, '273, and '481 Patents, together with interest (both pre- and
`
`post-judgment). costs and disbursements as fixed by this Court under 35 U.S.C. § 284;
`
`D.
`
`A judgment and order finding Volusion's infringement willful and awarding
`
`treble the amount of damages and losses sustained by Versata as a result of Volusion's
`
`infringement under 35 U. S. C. § 284;
`
`E.
`
`A judgment and order finding that this is an exceptional case within the meaning
`
`of35 U.S.C. § 285 and awarding to Versata its reasonable attorneys' fees; and
`
`F.
`
`Such other and further relief in law or in equity to which Vcrsata may be justly
`
`entitled.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiffs demand a trial by jury of any and all issues triable of right before a jury.
`
`5
`
`
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`Case 1:12-cv-00893-SS Document 1 Filed 09/25/12 Page 6 of 6
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`Respectfully submitted,
`
`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING, P.C.
`
`lsi Demetrios Anaipakos
`Demetrios Anaipakos
`Fed l.D. No. 20323
`Amir Alavi
`Fed l.D. No. 00919
`Steven]. Mitby
`Fed. l.D. No. 33591
`1221 McKinney Street, Suite 3460
`Houston, Texas 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
`
`McKoOL SMITH
`
`lsi Scott Cole
`Scott Cole
`State Bar No. 00790481
`300 W. 6th Street
`Suite 1700
`Austin, Texas 78701
`(512) 692-8700
`(512) 692-8744 (facsimile)
`ATTORNEYS FOR PLAINTIFFS
`
`4852-6761-5249. v. 1
`
`6
`
`
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