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