Case 6:12-cv-00462-LED Document 1 Filed 07/20/12 Page 1 of 5 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CIVIL ACTION NO. 6:12-cv-462
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`JURY TRIAL DEMANDED
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`UNILOC USA, INC. and UNILOC
`LUXEMBOURG S.A.,
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`Plaintiffs,
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`v.
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`DISTINCTIVE DEVELOPMENTS LTD.,
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`Defendant.
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`PLAINTIFFS’ ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs Uniloc USA, Inc. (“Uniloc USA”) and Uniloc Luxembourg S.A. (“Uniloc
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`Luxembourg”) (collectively, “Uniloc”) file this Original Complaint against Distinctive
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`Developments Ltd. for infringement of U.S. Patent No. 6,857,067 (“the ’067 patent”).
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`THE PARTIES
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`1.
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`Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation with its headquarters
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`and principal place of business at Legacy Town Center I, Suite 380, 7160 Dallas Parkway, Plano,
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`Texas 75024. Uniloc USA also maintains a place of business at 315 North Broadway, Suite 307,
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`Tyler, Texas 75702.
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`2.
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`Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a corporation organized and
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`existing under the laws of Luxembourg with its principal place of business at 15, rue Edward
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`Steichen, L-2540, Luxembourg.
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`3.
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`Uniloc Luxembourg and Uniloc USA are collectively referred to as “Uniloc.”
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`Uniloc researches, develops, manufactures and licenses information security technology
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`CIVIL ACTION NO. 6:12-cv-462
`
`JURY TRIAL DEMANDED
`
` §
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`UNILOC USA, INC. and UNILOC
`LUXEMBOURG S.A.,
`
`
`Plaintiffs,
`
`
`v.
`
`DISTINCTIVE DEVELOPMENTS LTD.,
`
`
`Defendant.
`
`
`PLAINTIFFS’ ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs Uniloc USA, Inc. (“Uniloc USA”) and Uniloc Luxembourg S.A. (“Uniloc
`
`
`
`Luxembourg”) (collectively, “Uniloc”) file this Original Complaint against Distinctive
`
`Developments Ltd. for infringement of U.S. Patent No. 6,857,067 (“the ’067 patent”).
`
`THE PARTIES
`
`1.
`
`Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation with its headquarters
`
`and principal place of business at Legacy Town Center I, Suite 380, 7160 Dallas Parkway, Plano,
`
`Texas 75024. Uniloc USA also maintains a place of business at 315 North Broadway, Suite 307,
`
`Tyler, Texas 75702.
`
`2.
`
`Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a corporation organized and
`
`existing under the laws of Luxembourg with its principal place of business at 15, rue Edward
`
`Steichen, L-2540, Luxembourg.
`
`3.
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`Uniloc Luxembourg and Uniloc USA are collectively referred to as “Uniloc.”
`
`Uniloc researches, develops, manufactures and licenses information security technology
`
`
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`1
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`Case 6:12-cv-00462-LED Document 1 Filed 07/20/12 Page 2 of 5 PageID #: 2
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`solutions, platforms and frameworks, including solutions for securing software applications and
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`digital content. Uniloc’s patented technologies enable software and content publishers to
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`securely distribute and sell their high-value technology assets with minimum burden to their
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`legitimate end users. Uniloc’s technology is used in several markets, including software and
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`game security, identity management, intellectual property rights management, and critical
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`infrastructure security.
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`4.
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`Distinctive Developments Ltd. (“Distinctive Developments”) is a limited
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`company organized and existing under the laws of the United Kingdom with its principal place
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`of business in Sheffield, England. Upon information and belief, Distinctive Developments does
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`business in the State of Texas and in the Eastern District of Texas.
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`JURISDICTION AND VENUE
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`5.
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`Uniloc brings this action for patent infringement under the patent laws of the
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`United States, namely 35 U.S.C. §§ 271, 281, and 284-285, among others. This Court has
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`subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.
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`6.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
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`1400(b). On information and belief, Defendant is deemed to reside in this judicial district, has
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`committed acts of infringement in this judicial district, has purposely transacted business
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`involving its accused products in this judicial district and/or, has regular and established places
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`of business in this judicial district.
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`7.
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`Defendant is subject to this Court’s specific and general personal jurisdiction
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`pursuant to due process and/or the Texas Long Arm Statute, due at least to its substantial
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`business in this State and judicial district, including: (A) at least part of its infringing activities
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`alleged herein; and (B) regularly doing or soliciting business, engaging in other persistent
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`2
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`Case 6:12-cv-00462-LED Document 1 Filed 07/20/12 Page 3 of 5 PageID #: 3
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`conduct, and/or deriving substantial revenue from goods sold and services provided to Texas
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`residents.
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`8.
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`9.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,857,067)
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`Uniloc incorporates paragraphs 1 through 7 herein by reference.
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`Uniloc Luxembourg is the owner, by assignment, of the ’067 patent, entitled
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`“SYSTEM AND METHOD FOR PREVENTING UNAUTHORIZED ACCESS TO
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`ELECTRONIC DATA.” A true and correct copy of the ’067 patent is attached as Exhibit A.
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`10.
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`Uniloc USA is the exclusive licensee of the ’067 patent with ownership of all
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`substantial rights in the ’067 patent, including the right to grant sublicenses, exclude others and
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`to enforce, sue and recover damages for past and future infringements.
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`11.
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`The ’067 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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`12.
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`Distinctive Developments is directly infringing one or more claims of the ’067
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`patent in this judicial district and elsewhere in Texas, including at least claim 107, without the
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`consent or authorization of Uniloc, by or through making, using, offering for sale, selling and/or
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`importing Android based applications for use on cellular phones and/or tablet devices that
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`require communication with a server to perform a license check to prevent the unauthorized use
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`of said application, including, but not limited to, Rugby Nations 11.
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`13.
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`Uniloc has been damaged as a result of Defendant’s infringing conduct described
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`in this Count. Defendant is, thus, liable to Uniloc in an amount that adequately compensates it
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`for Defendant’s infringements, which, by law, cannot be less than a reasonable royalty, together
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`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`Case 6:12-cv-00462-LED Document 1 Filed 07/20/12 Page 4 of 5 PageID #: 4
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`JURY DEMAND
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`Uniloc hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
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`Procedure.
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court find in its favor and against Defendant, and that the Court
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`grant Uniloc the following relief:
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`a.
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`b.
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`c.
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`d.
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`e.
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`Judgment that one or more claims of the ’067 patent has been infringed, either
`literally and/or under the doctrine of equivalents, by Defendant;
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`Judgment that Defendant account for and pay to Uniloc all damages to and costs
`incurred by Uniloc because of Defendant’s infringing activities and other conduct
`complained of herein;
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`Judgment that Defendant account for and pay to Uniloc a reasonable, on-going,
`post judgment royalty because of Defendant’s infringing activities and other
`conduct complained of herein;
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`That Uniloc be granted pre-judgment and post-judgment interest on the damages
`caused by Defendant’s infringing activities and other conduct complained of
`herein; and
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`That Uniloc be granted such other and further relief as the Court may deem just
`and proper under the circumstances.
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`Dated: July 20, 2012
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`Respectfully submitted,
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`/s/ Barry J. Bumgardner (w/permission Wesley Hill)
`Barry J. Bumgardner
`Lead Attorney
`Texas State Bar No. 00793424
`Steven W. Hartsell
`Texas State Bar No. 24040199
`NELSON BUMGARDNER CASTO, P.C.
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`Phone: (817) 377-9111
`Fax: (817) 377-3485
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`Case 6:12-cv-00462-LED Document 1 Filed 07/20/12 Page 5 of 5 PageID #: 5
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`James L. Etheridge
`Texas Bar No. 24059147
`ETHERIDGE LAW GROUP, PLLC
`2600 E. Southlake Blvd., Suite 120 / 324
`Southlake, Texas 76092
`Telephone: (817) 470-7249
`Facsimile: (817) 887-5950
`Jim@EtheridgeLaw.com
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`E-mail: jw@wsfirm.com
`J. Wesley Hill
`Texas State Bar No. 24032294
`E-MAIL: WH@WSFIRM.COM
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`1127 Judson Rd., Ste. 220
`Longview, Texas 75606-1231
`(903) 757-6400
`(903) 757-2323 (fax)
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`Attorneys for Plaintiffs
`Uniloc USA, Inc. and Uniloc Luxembourg S.A.
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