Case 2:13-cv-00282-JRG Document 1 Filed 04/19/13 Page 1 of 6 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`DISPOSITION SERVICES LLC,
`
`
` Plaintiff,
`
`
`
`
`Case No. 2:13-cv-282
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`
`
`v.
`
`DELL INC.,
`
`
`
` Defendant.
`
`
`COMPLAINT
`
`
`
`Disposition Services LLC (“Disposition Services”) files this Complaint against Dell Inc.
`
`(“Defendant”) for infringement of United States Patent No. 5,424,944 (hereinafter “the ‘944
`
`Patent”).
`
`THE PARTIES
`
`1.
`
`Disposition Services is a limited liability company organized and existing under
`
`the laws of the State of Delaware with its principal place of business in Highland, New York.
`
`2.
`
`Defendant is a Delaware corporation with a principal place of business at One
`
`Dell Way, Round Rock, Texas 78682. This Court has personal jurisdiction over Defendant
`
`because Defendant has committed, and continues to commit, acts of infringement in the state of
`
`Texas, has conducted business in the state of Texas, and/or has engaged in continuous and
`
`systematic activities in the state of Texas.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement under Title 35 of the United States Code.
`
`Disposition Services is seeking injunctive relief as well as damages.
`
`
`
`1
`
`DELL EXHIBIT 1002
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`DISPOSITION SERVICES LLC,
`
`
` Plaintiff,
`
`
`
`
`Case No. 2:13-cv-282
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`
`
`v.
`
`DELL INC.,
`
`
`
` Defendant.
`
`
`COMPLAINT
`
`
`
`Disposition Services LLC (“Disposition Services”) files this Complaint against Dell Inc.
`
`(“Defendant”) for infringement of United States Patent No. 5,424,944 (hereinafter “the ‘944
`
`Patent”).
`
`THE PARTIES
`
`1.
`
`Disposition Services is a limited liability company organized and existing under
`
`the laws of the State of Delaware with its principal place of business in Highland, New York.
`
`2.
`
`Defendant is a Delaware corporation with a principal place of business at One
`
`Dell Way, Round Rock, Texas 78682. This Court has personal jurisdiction over Defendant
`
`because Defendant has committed, and continues to commit, acts of infringement in the state of
`
`Texas, has conducted business in the state of Texas, and/or has engaged in continuous and
`
`systematic activities in the state of Texas.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement under Title 35 of the United States Code.
`
`Disposition Services is seeking injunctive relief as well as damages.
`
`
`
`1
`
`DELL EXHIBIT 1002
`
`
`
`Case 2:13-cv-00282-JRG Document 1 Filed 04/19/13 Page 2 of 6 PageID #: 2
`
`4.
`
`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal
`
`Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising
`
`under the United States patent statutes, 35 U.S.C. § 101 et seq.
`
`5.
`
`Venue is proper under 28 U.S.C. §§ 1391(c) and 1400(b) because Defendant has
`
`committed acts of infringement in this district and/or is deemed to reside in this district.
`
`6.
`
`This Court has personal jurisdiction over Defendant and venue is proper in this
`
`district because Defendant has committed, and continues to commit, acts of infringement in the
`
`state of Texas, including in this district and/or have engaged in continuous and systematic
`
`activities in the state of Texas, including in this district.
`
`7.
`
`Dell provides and performs its asset disposition processes and services globally,
`
`including nationally and in this district.
`
`COUNT I
`
`(INFRINGEMENT OF U.S. PATENT NO. 5,424,944)
`
`Disposition Services incorporates paragraphs 1 through 7 herein by reference.
`
`This cause of action arises under the patent laws of the United States, and in
`
`8.
`
`9.
`
`particular, 35 U.S.C. §§ 271, et seq.
`
`10.
`
`Disposition Services is the owner of the ‘944 Patent, entitled “System and
`
`Methods for Controlled Asset Disposition,” with ownership of all substantial rights in the ‘944
`
`Patent, including the right to exclude others and to enforce, sue and recover damages for past and
`
`future infringement. A true and correct copy of the ‘944 Patent is attached as Exhibit A.
`
`11.
`
`The ‘944 Patent is valid, enforceable and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`
`
`2
`
`
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`Case 2:13-cv-00282-JRG Document 1 Filed 04/19/13 Page 3 of 6 PageID #: 3
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`12.
`
`Defendant has directly infringed and continues to directly infringe one or more
`
`claims of the ‘944 Patent in this judicial district and elsewhere in Texas and the United States,
`
`including at least claim 1, without the consent or authorization of Disposition Services, by or
`
`through its making, having made, offer for sale, sale, and/or use of the patented systems and
`
`methods for controlled asset disposition through operation of its asset disposition processes and
`
`services.
`
`13.
`
`Defendant is liable for joint infringement of one or more claims of the ‘944 Patent
`
`in this judicial district and elsewhere in Texas and the United States, including at least claim 1,
`
`because it exercises control or direction over its asset disposition processes and services
`
`including acts committed by another party that are required to complete the performance of
`
`patented method for controlled asset disposition, making every step of the patented method
`
`attributable to Defendant. To the extent Defendant does not perform any step of the claimed
`
`method itself, Defendant directs or controls another entity or entities to perform that step or steps
`
`of the claimed method.
`
`14.
`
`Disposition Services has been damaged as a result of Defendant’s infringing
`
`conduct described in this Count. Defendant is, thus, liable to Disposition Services in an amount
`
`that adequately compensates it for Defendant’s infringement, which, by law, cannot be less than
`
`a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. §
`
`284.
`
`15.
`
`Defendant’s actions complained of herein will continue unless Defendant is
`
`enjoined by this Court.
`
`
`
`
`
`
`
`3
`
`
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`Case 2:13-cv-00282-JRG Document 1 Filed 04/19/13 Page 4 of 6 PageID #: 4
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`
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`Disposition Services hereby requests a trial by jury pursuant to Rule 38 of the Federal
`
`JURY DEMAND
`
`Rules of Civil Procedure.
`
`PRAYER FOR RELIEF
`
`
`
`Disposition Services requests that this Court find in its favor and against Defendant, and
`
`that this Court grant Disposition Services the following relief:
`
`a.
`
`b.
`
`Enter judgment for Disposition Services on this Complaint;
`
`Enter judgment that one or more claims of the ‘944 Patent has been infringed by
`
`Defendant;
`
`c.
`
`Enter judgment that Defendant is liable for joint infringement of one or more
`
`claims of the ‘944 Patent;
`
`d.
`
`Enter judgment that Defendant accounts for and pays to Disposition Services all
`
`damages to and costs incurred by Disposition Services because of Defendant’s
`
`infringing activities and other conduct complained of herein;
`
`e.
`
`Award Disposition Services damages resulting from Defendant’s infringement in
`
`accordance with 35 U.S.C. § 284;
`
`f.
`
`Enter a permanent injunction enjoining Defendant and its offices, directors,
`
`agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents,
`
`and all others acting in active concert or participation with Defendant, from
`
`infringing the ‘944 Patent, or, in the alternative, judgment that Defendant
`
`accounts for and pays to Disposition Services a reasonable royalty and an ongoing
`
`
`
`4
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`Case 2:13-cv-00282-JRG Document 1 Filed 04/19/13 Page 5 of 6 PageID #: 5
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`post judgment royalty because of Defendant’s past, present and future infringing
`
`activities and other conduct complained of herein;
`
`g.
`
`That Disposition Services be granted pre-judgment and post-judgment interest on
`
`the damages caused by Defendant’s infringing activities and other conduct
`
`complained of herein;
`
`h.
`
`That Disposition Services be granted such other and further relief as the Court
`
`may deem just and proper under the circumstances.
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`5
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`Case 2:13-cv-00282-JRG Document 1 Filed 04/19/13 Page 6 of 6 PageID #: 6
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`Respectfully submitted,
`
`DISPOSITION SERVICES LLC
`
`/s/ Benjamin R. Askew
`Anthony G. Simon
`Benjamin R. Askew
`Michael P. Kella
`THE SIMON LAW FIRM, P.C.
`800 Market Street, Suite 1700
`St. Louis, Missouri 63101
`P. 314.241.2929
`F. 314.241.2029
`asimon@simonlawpc.com
`baskew@simonlawpc.com
`mkella@simonlawpc.com
`
`Andrew W. Spangler
`James A. Fussell, III
`SPANGLER & FUSSELL P.C.
`208 N. Green Street, Suite 300
`Longview, Texas 75601
`P. 903.753.9300
`F. 903.553.0403
`spangler@sfipfirm.com
`fussell@sfipfirm.com
`
`
`ATTORNEYS FOR PLAINTIFF
`DISPOSITION SERVICES LLC
`
`
`
`6
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`DATED: April 19, 2013
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