Case 6:11-cv-00492-RWS-KNM Document 1 Filed 09/15/11 Page 1 of 9 PageID #: 1
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`NETWORK-1 SECURITY SOLUTIONS, INC., a
`Delaware corporation,
`
` Plaintiff,
`
`vs.
`
`Alcatel-Lucent USA Inc., a Delaware corporation;
`Alcatel-Lucent Holdings Inc., a Delaware
`corporation; Allied Telesis Holdings K.K., a Japanese
`corporation; Allied Telesis, Inc., a Delaware
`corporation; Avaya Inc., a Delaware corporation;
`AXIS Communications AB, a Swedish corporation;
`AXIS Communications, Inc., a Massachusetts
`corporation; Dell Inc., a Delaware corporation;
`GarrettCom, Inc., a California corporation; Hewlett-
`Packard Company, a Delaware corporation; Hewlett-
`Packard Development Company, L.P., a Texas
`limited partnership; Huawei Technologies Co., Ltd., a
`People’s Republic of China corporation; Huawei
`Technologies USA Inc., a Texas corporation; Juniper
`Networks, Inc., a Delaware corporation; Motorola
`Solutions, Inc., a Delaware corporation; NEC
`Corporation, a Japanese corporation; NEC
`Corporation of America, a Delaware corporation;
`Polycom, Inc., a Delaware corporation; Samsung
`Electronics Co., Ltd., a South Korean corporation,
`Samsung Electronics America, Inc., a New York
`corporation; Samsung Telecommunications America,
`LLC, a Delaware limited liability company;
`ShoreTel, Inc., a Delaware corporation; Sony
`Corporation, a Japanese corporation, Sony
`Corporation of America, a New York corporation;
`Sony Electronics Inc., a Delaware corporation;
`Transition Networks, Inc., a Minnesota corporation;
`
` Defendants.
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`1
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`CASE NO. 6:11cv492
`
`
`Complaint for Patent
`Infringement
`(U.S. Patent Nos. 6,218,930).
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`JURY DEMANDED
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`Page 1 of 9
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`SONY EXHIBIT 1002
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`
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`NETWORK-1 SECURITY SOLUTIONS, INC., a
`Delaware corporation,
`
` Plaintiff,
`
`vs.
`
`Alcatel-Lucent USA Inc., a Delaware corporation;
`Alcatel-Lucent Holdings Inc., a Delaware
`corporation; Allied Telesis Holdings K.K., a Japanese
`corporation; Allied Telesis, Inc., a Delaware
`corporation; Avaya Inc., a Delaware corporation;
`AXIS Communications AB, a Swedish corporation;
`AXIS Communications, Inc., a Massachusetts
`corporation; Dell Inc., a Delaware corporation;
`GarrettCom, Inc., a California corporation; Hewlett-
`Packard Company, a Delaware corporation; Hewlett-
`Packard Development Company, L.P., a Texas
`limited partnership; Huawei Technologies Co., Ltd., a
`People’s Republic of China corporation; Huawei
`Technologies USA Inc., a Texas corporation; Juniper
`Networks, Inc., a Delaware corporation; Motorola
`Solutions, Inc., a Delaware corporation; NEC
`Corporation, a Japanese corporation; NEC
`Corporation of America, a Delaware corporation;
`Polycom, Inc., a Delaware corporation; Samsung
`Electronics Co., Ltd., a South Korean corporation,
`Samsung Electronics America, Inc., a New York
`corporation; Samsung Telecommunications America,
`LLC, a Delaware limited liability company;
`ShoreTel, Inc., a Delaware corporation; Sony
`Corporation, a Japanese corporation, Sony
`Corporation of America, a New York corporation;
`Sony Electronics Inc., a Delaware corporation;
`Transition Networks, Inc., a Minnesota corporation;
`
` Defendants.
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`1
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`CASE NO. 6:11cv492
`
`
`Complaint for Patent
`Infringement
`(U.S. Patent Nos. 6,218,930).
`
`JURY DEMANDED
`
`
`
`
`
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`Page 1 of 9
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`SONY EXHIBIT 1002
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`Case 6:11-cv-00492-RWS-KNM Document 1 Filed 09/15/11 Page 2 of 9 PageID #: 2
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Network-1 Security Solutions, Inc. (“Network-1”) sues Defendants
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`Alcatel-Lucent USA Inc., Alcatel-Lucent Holdings Inc., Allied Telesis Holdings K.K., Allied
`Telesis, Inc., Avaya Inc., AXIS Communications AB, AXIS Communications, Inc., Dell Inc.,
`GarrettCom, Inc., Hewlett-Packard Company, Hewlett-Packard Development Company, L.P.,
`Huawei Technologies Co., Ltd., Huawei Technologies USA Inc., Juniper Networks, Inc.,
`Motorola Solutions, Inc., NEC Corporation, NEC Corporation of America, Polycom, Inc.,
`Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung
`Telecommunications America, LLC, ShoreTel, Inc., Sony Corporation, Sony Corporation of
`America, Sony Electronics Inc., and Transition Networks, Inc. (collectively, “Defendants”) and,
`on information and belief, alleges as follows:
`
`
`
`
` Introduction
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`1. Plaintiff Network-1 owns the invention described and claimed in United
`States Patent No. 6,218,930 entitled “Apparatus And Method For Remotely Powering Access
`Equipment Over A 10/100 Switched Ethernet Network” (the “‘930 Patent”). Defendants,
`without Plaintiff’s permission, (a) have used and continued to use Plaintiff’s patented
`technology in connection with products that they make, use, sell, and offer to sell which
`distribute or use power transferred through Ethernet cables, and (b) have contributed to or
`induced, and continue to contribute to or induce, others to infringe the ‘930 Patent. Plaintiff
`Network-1 seeks damages for patent infringements and an injunction preventing Defendants
`from making, using, selling, or offering to sell, and from contributing to and inducing others to
`make, use, sell, or offer to sell, Plaintiff’s patented technology without permission.
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`Case 6:11-cv-00492-RWS-KNM Document 1 Filed 09/15/11 Page 3 of 9 PageID #: 3
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`Jurisdiction and Venue
`2. This is an action for patent infringement arising under the patent laws of
`the United States, 35 U.S.C. §§ 271 and 281, et seq. The Court has original jurisdiction over
`this patent infringement action under 28 U.S.C. §§ 1331 and 1338(a).
`3. Venue is proper in this Court because the Defendants are responsible for
`acts of infringement occurring in the Eastern District of Texas as alleged in this Complaint, and
`have delivered or caused to be delivered its infringing products in the Eastern District of Texas.
`
`
`Plaintiff Network-1
`4. Plaintiff Network-1 Security Solutions, Inc. is a corporation existing under
`and by virtue of the laws of the State of Delaware, with its principal place of business in New
`York, New York.
`
`
`The Patent
`5. The United States Patent and Trademark Office issued the ‘930 Patent on
`April 17, 2001. A copy of the ‘930 Patent is attached as Exhibit A. Through assignment,
`Plaintiff is the owner of all right, title, and interest, including rights for damages for past
`infringements, in the ‘930 Patent.
`
` Defendants
`
`Alcatel-Lucent
`6. Upon information and belief, Alcatel-Lucent USA Inc., is a Delaware
`corporation, with its principle place of business in Murray Hill, New Jersey.
`7. Upon information and belief, Alcatel-Lucent Holdings Inc., is a Delaware
`corporation, with its principal place of business in Plano, Texas.
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`3
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`Page 3 of 9
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`Case 6:11-cv-00492-RWS-KNM Document 1 Filed 09/15/11 Page 4 of 9 PageID #: 4
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`Allied Telesis
`8.
`Upon information and belief, Allied Telesis Holdings K.K. is a Japanese
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`corporation, with its principal place of business in Tokyo, Japan.
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`9.
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`Upon Information and belief, Allied Telesis, Inc. is a Delaware corporation,
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`with its principal place of business in Bothell, Washington.
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`Avaya
`10. Upon information and belief, Avaya Inc. is a Delaware corporation, with
`its principal place of business in Basking Ridge, New Jersey.
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`AXIS
` Upon information and belief, AXIS Communications AB is a Swedish
`11.
`corporation, with its principal place of business in Lund, Sweden.
`12. Upon information and belief, AXIS Communications, Inc. is a
`Massachusetts corporation, with its principal place of business in Chelmsford, Massachusetts.
`
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`Dell
`13. Upon information and belief, Dell Inc. is a Delaware corporation, with its
`principal place of business in Round Rock, Texas.
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`GarrettCom
`14.
`Upon information and belief, GarrettCom, Inc. is a California corporation,
`with its principal place of business in Fremont, California.
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`Hewlett-Packard
`15. Upon information and belief, Hewlett-Packard Company is a Delaware
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`corporation, with its principal place of business in Palo Alto, California.
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`Case 6:11-cv-00492-RWS-KNM Document 1 Filed 09/15/11 Page 5 of 9 PageID #: 5
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`16. Upon information and belief, Hewlett-Packard Development Company,
`L.P. is a Texas limited partnership, with its principal place of business in Houston, Texas.
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`Huawei
`17.
`Upon information and belief, Huawei Technologies Co., Ltd. is a People’s
`Republic of China corporation, with its principle place of business in Shenzhen, China.
`18.
`Upon information and belief, Huawei Technologies USA Inc. is a Texas
`corporation, with its principle place of business in Plano, Texas.
`
`
`Juniper Networks
`19. Upon information and belief, Juniper Networks, Inc. is a Delaware
`corporation, with its principal place of business in Sunnyvale, California 940899-1206.
`
`Motorola
`
`20.
`Upon information and belief, Motorola Solutions, Inc. is a Delaware
`
`
`corporation, with its principal place of business in Schaumburg, Illinois.
`
`NEC
`21. Upon information and belief, NEC Corporation is a Japanese corporation,
`with its principle place of business in Tokyo, Japan.
`22. Upon information and belief, NEC Corporation of America is a Delaware
`corporation, with its principle palace of business in Irving, Texas.
`
`
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`Polycom
`23.
`Upon information and belief, Polycom, Inc. is a Delaware corporation,
`with its principal place of business in Pleasanton, California.
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`Samsung
`24. Upon information and belief, Samsung Electronics Co., Ltd. is a South
`Korean corporation, with its principal place of business in Seoul, South Korea.
`25. Upon information and belief, Samsung Electronics America, Inc. is a New
`York corporation, with its principal place of business in Ridgefield Park, New Jersey.
`26.
` Upon information and belief, Samsung Telecommunications America,
`LLC is a Delaware limited liability company, with its principal place of business in Richardson,
`Texas.
`
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`ShoreTel
`27.
` Upon information and belief, ShoreTel, Inc., is a Delaware corporation,
`with its principle place of business in Sunnyvale, California.
`
`Sony
`28. Upon information and belief, Sony Corporation is a Japanese corporation,
`with its principal place of business in Tokyo, Japan.
`29.
`Upon information and belief, Sony Corporation of America is a New York
`corporation, with its principal place of business in New York, New York.
`30. Upon information and belief, Sony Electronics Inc. is a Delaware
`corporation, with its principal place of business in San Diego, California.
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`Transition Networks
`31.
`Upon information and belief, Transition Networks, Inc. is a Minnesota
`corporation, with its principal place of business in Minnetonka, Minnesota.
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`Case 6:11-cv-00492-RWS-KNM Document 1 Filed 09/15/11 Page 7 of 9 PageID #: 7
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`First Claim for Patent Infringement (‘930 Patent)
`Against Defendants
`Plaintiff incorporates by reference each of the allegations in paragraphs 1 -
`
`32.
`
`31 above.
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`33. On or about April 17, 2001, the ‘930 Patent, disclosing and claiming an
`“Apparatus And Method For Remotely Powering Access Equipment Over A 10/100 Switched
`Ethernet Network,” was duly and legally issued by the United States Patent and Trademark
`Office. The ‘930 Patent is valid.
`34. Plaintiff Network-1 is the owner of the ‘930 Patent with full rights to
`pursue recovery of royalties or damages for infringement of such patent, including full rights to
`recover past and future damages.
`35.
`Defendants have infringed, contributed to the infringement, and induced
`others to infringe the ‘930 Patent and, unless enjoined, will continue to infringe the ‘930 Patent
`by manufacturing, using, selling, offering for sale, or by using the apparatus and method(s)
`claimed in the Patent or by contributing to or inducing others to make, use, sell, or offer to sell,
`the claimed invention or use the claimed apparatus and method(s) without a license or
`permission from Plaintiff.
`36.
`Plaintiff has been damaged by Defendants’ infringement of the ‘930
`Patent and will suffer additional irreparable damage and impairment of the value of its patent
`rights unless Defendants are enjoined from continuing to infringe the ‘930 Patent.
`37.
`Upon information and belief, Defendants’ acts of infringement have been,
`and continue to be committed with full knowledge of Plaintiff’s rights in the ‘930 Patent, and in
`willful and wanton disregard of Plaintiff’s rights, rendering this an exceptional case under 35
`U.S.C. § 285.
`
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`Jury Demand
`Plaintiff demands trial by jury of all issues.
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`38.
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`Case 6:11-cv-00492-RWS-KNM Document 1 Filed 09/15/11 Page 8 of 9 PageID #: 8
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`Prayer for Relief
`WHEREFORE, Plaintiff prays for judgment as follows:
`A decree preliminarily and permanently enjoining Defendants, their officers,
`directors, employees, agents, and all persons in active concert with them, from
`infringing, and contributing to or inducing others to infringe, the ‘930 Patent;
`Compensatory damages awarding Plaintiff damages caused by Defendants’
`infringement of the ‘930 Patent;
`Enhancement of Plaintiff’s damages by reason of the nature of Defendants’
`infringement pursuant to 35 U.S.C. § 284;
`For costs of suit and attorneys fees;
`For pre-judgment interest; and
`For such other relief as justice requires.
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`A.
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`B.
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`C.
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`D.
`E.
`F.
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`Case 6:11-cv-00492-RWS-KNM Document 1 Filed 09/15/11 Page 9 of 9 PageID #: 9
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`Dated: September 15, 2011
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`Respectfully submitted,
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`
`By: /s/ Sean A. Luner
`Sean A. Luner
`State Bar No. 165443
`Gregory S. Dovel
`State Bar No. 135387
`Dovel & Luner, LLP
`201 Santa Monica Blvd., Suite 600
`Santa Monica, CA 90401
`Telephone: 310-656-7066
`Facsimile: 310-657-7069
`Email: greg@dovellaw.com
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`ATTORNEYS FOR PLAINTIFF,
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`
` NETWORK-1 SECURITY SOLUTIONS, INC.
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`9
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`Page 9 of 9
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