Case 6:13-cv-00628-LED Document 1 Filed 09/06/13 Page 1 of 6 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. 6:13-cv-628
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`JURY TRIAL DEMANDED
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` §
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`Plaintiffs,
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`
`v.
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`UBISOFT, INC.,
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`
`Defendant.
`
`UNILOC USA, INC. and UNILOC
`LUXEMBOURG S.A.,
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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 Ubisoft, Inc. for
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`infringement of U.S. Patent No. 5,490,216 (“the ’216 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 principal place
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`of business at Legacy Town Center I, Suite 380, 7160 Dallas Parkway, Plano, Texas 75024.
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`Uniloc USA also maintains a place of business at 102 N. College, Ste. 806, Tyler, Texas 75702.
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`2.
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`Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a Luxembourg public limited
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`liability company, with its principal place of business at 75, Boulevard Grande Duchesse
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`Charlotte, L-1331, Luxembourg.
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`3.
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`Uniloc researches, develops, manufactures, and licenses information security
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`technology solutions, platforms and frameworks, including solutions for securing software
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`applications and digital content. Uniloc’s patented technologies enable software and content
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`
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`1
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`Petitioners Ex. 1028 Page 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`CIVIL ACTION NO. 6:13-cv-628
`
`JURY TRIAL DEMANDED
`
` §
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`Plaintiffs,
`
`
`v.
`
`UBISOFT, INC.,
`
`
`Defendant.
`
`UNILOC USA, INC. and UNILOC
`LUXEMBOURG S.A.,
`
`
`
`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 Ubisoft, Inc. for
`
`infringement of U.S. Patent No. 5,490,216 (“the ’216 patent”).
`
`THE PARTIES
`
`1.
`
`Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation with its 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 102 N. College, Ste. 806, Tyler, Texas 75702.
`
`2.
`
`Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a Luxembourg public limited
`
`liability company, with its principal place of business at 75, Boulevard Grande Duchesse
`
`Charlotte, L-1331, Luxembourg.
`
`3.
`
`Uniloc researches, develops, manufactures, and licenses information security
`
`technology solutions, platforms and frameworks, including solutions for securing software
`
`applications and digital content. Uniloc’s patented technologies enable software and content
`
`
`
`1
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`Petitioners Ex. 1028 Page 1
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`Case 6:13-cv-00628-LED Document 1 Filed 09/06/13 Page 2 of 6 PageID #: 2
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`publishers to securely distribute and sell their high-value technology assets with minimum
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`burden to their legitimate end users. Uniloc’s technology is used in several markets, including
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`software and game security, identity management, intellectual property rights management, and
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`critical infrastructure security.
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`4.
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`Ubisoft, Inc. (“Ubisoft” or “Defendant”) is a California corporation with its
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`principal place of business in San Francisco, California. Ubisoft may be served with process
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`through its registered agent Stephen S. Smith, 1900 Ave. of the Stars, Suite 2100, Los Angeles,
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`California 90067. Upon information and belief, Ubisoft does business in the State of Texas and
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`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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`conduct, and/or deriving substantial revenue from goods sold and services provided to Texas
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`residents.
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`2
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`Petitioners Ex. 1028 Page 2
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`Case 6:13-cv-00628-LED Document 1 Filed 09/06/13 Page 3 of 6 PageID #: 3
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 5,490,216)
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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 ’216 patent, entitled
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`8.
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`9.
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`“SYSTEM FOR SOFTWARE REGISTRATION.” A true and correct copy of the ’216 patent is
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`attached as Exhibit A.
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`10.
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`Uniloc USA is the exclusive licensee of the ’216 patent with ownership of all
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`substantial rights, including the right to grant sublicenses, exclude others and to enforce, sue and
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`recover damages for past and future infringements.
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`11.
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`The ’216 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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`Defendant is directly infringing one or more claims of the ’216 patent in this
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`judicial district and elsewhere in Texas, including at least claim 19, without the consent or
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`authorization of Uniloc, by or through making, using, offering for sale, selling and/or importing a
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`system, device and/or method for reducing software piracy, reducing casual copying and/or
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`reducing the unauthorized use of software, including without limitation Defendant’s UPlay and
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`Steam product activation systems and processes that permit customers to activate and/or register
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`full versions of Defendant’s software products, including but not limited to Far Cry 3 and
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`Assassin’s Creed 3, on computers and/or videogame consoles.
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`13.
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`Defendant may also be infringing through other product activation systems and
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`processes that permit customers to activate and/or register software not presently known to
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`Uniloc. Uniloc reserves the right to discover and pursue relief against all infringing
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`instrumentalities.
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`3
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`Petitioners Ex. 1028 Page 3
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`Case 6:13-cv-00628-LED Document 1 Filed 09/06/13 Page 4 of 6 PageID #: 4
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`14.
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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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`15.
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`Any allegation of infringement against Defendant herein was not made on the
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`basis of its use, sale, offer for sale, making or importing of any product, software, system,
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`method or service provided by Flexera Software LLC or Rovi Solutions Corporation or any of
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`their present or former affiliates or predecessors (including Flexera Software, Inc., Acresso
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`Software Inc., Installshield Software Corporation, Flexco Holding Company, Inc., Installshield
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`Co Inc., Globetrotter Software, Inc., C-Dilla Limited and Macrovision Corporation) (each a
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`“Licensee Product”), including any product, software, system, method or service incorporating
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`or using the activation, licensing, or registration functionality provided by such Licensee
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`Product.
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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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`Judgment that one or more claims of the ’216 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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`4
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`Petitioners Ex. 1028 Page 4
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`Case 6:13-cv-00628-LED Document 1 Filed 09/06/13 Page 5 of 6 PageID #: 5
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`c.
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`d.
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`e.
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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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`Respectfully submitted,
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`/s/ Edward R. Nelson, III by permission
`Wesley Hill
`Edward R. Nelson, III
`Lead Attorney
`Texas State Bar No. 00797142
`Edward E. Casto, Jr.
`Texas State Bar No. 24044178
`Barry J. Bumgardner
`Texas State Bar No. 00793424
`Steven W. Hartsell
`Texas State Bar No. 24040199
`Jaime K. Olin
`Texas State Bar No. 24070363
`NELSON BUMGARDNER CASTO, P.C.
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`Phone: (817) 377-9111
`Fax: (817) 377-3485
`ecasto@nbclaw.net
`barry@nbclaw.net
`shartsell@nbclaw.net
`jolin@nbclaw.net
`
`James L. Etheridge
`Texas State 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
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`Dated: September 6, 2013
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`5
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`Petitioners Ex. 1028 Page 5
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`Case 6:13-cv-00628-LED Document 1 Filed 09/06/13 Page 6 of 6 PageID #: 6
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`T. John Ward, Jr.
`Texas State Bar No. 00794818
`J. Wesley Hill
`Texas State Bar No. 24032294
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`1127 Judson Road, Ste. 220
`Longview, Texas 75606-1231
`(903) 757-6400
`(903) 757-2323 (fax)
`jw@wsfirm.com
`wh@wsfirm.com
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`PLAINTIFFS
`FOR
`ATTORNEYS
`UNILOC USA, INC. AND UNILOC
`LUXEMBOURG S.A.
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`6
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`Petitioners Ex. 1028 Page 6
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