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Case 2:13-cv-00990-JRG Document 1 Filed 11/21/13 Page 1 of 4 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`
`
`
`
`
`
`
`Civil Action No. ______________
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`VANTAGE POINT TECHNOLOGY, INC.,
`
`
`
`v.
`
`LSI CORPORATION,
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`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Vantage Point Technology, Inc. (“Vantage Point”) alleges the following for its
`
`complaint against Defendant LSI Corporation.
`
`THE PARTIES
`
`1.
`
`Plaintiff is a corporation formed under the laws of the State of Texas having its
`
`principal place of business at 719 W. Front Street, Suite 244, Tyler, Texas 75702.
`
`2.
`
`Defendant is a corporation organized under the laws of the state of Delaware with
`
`its principal place of business at 1320 Ridder Park Drive, San Jose, California 95131. Defendant
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`may be served with process via its registered agent Corporation Service Company, 2711
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`Centerville Road, Suite 400, Wilmington, Delaware 19808.
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`JURISDICTION AND VENUE
`
`3.
`
`This is a patent infringement action. The Court has subject matter jurisdiction
`
`pursuant to 28 U.S.C. §§1331 and 1338.
`
`4.
`
`The Court has personal jurisdiction, because Defendant has availed itself of the
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`rights and benefits of this District by conducting business in this jurisdiction, including by
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`ARM_VPT_IPR_00000163
`
`
`ARM Ex. 1005
`
`IPR Petition - USP 5,463,750
`
`
`Page 1
`
`

`

`Case 2:13-cv-00990-JRG Document 1 Filed 11/21/13 Page 2 of 4 PageID #: 2
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`promoting products for sale via the internet, which is accessible to and accessed by residents of
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`this District. Defendant has also previously filed a lawsuit in this District.
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`5.
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`Venue is proper in this District pursuant to 28 U.S.C. §§1391(b)-(d) and §1400(b)
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`because substantial acts of infringement have occurred in this District.
`
`COUNT ONE
`INFRINGEMENT OF U.S. PATENT NO. 5,463,750
`
`6.
`
`On October 31, 1995, U.S. Patent No. 5,463,750 (the “’750 Patent”) entitled
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`“Method and Apparatus for Translating Virtual Addresses in a Data Processing System Having
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`Multiple Instruction Pipelines and Separate TLB’s for each Pipeline” was duly and legally issued
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`by the United States Patent and Trademark Office. The application for the ’750 Patent was filed
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`on November 2, 1993 and originally assigned to Intergraph Corporation. A true and correct copy
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`of the ’750 Patent is attached as Exhibit A hereto.
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`7.
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`Plaintiff is the sole and exclusive owner of all right, title, and interest in the ’750
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`Patent and holds the exclusive right to take all actions, including the filing of this patent
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`infringement lawsuit, necessary to enforce its rights to the ’750 Patent. Plaintiff also has the
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`right to recover all damages for past, present, and future infringement of the ’750 Patent and to
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`seek injunctive relief as appropriate under the law.
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`8.
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`Defendant has directly infringed, either literally or by equivalents, one or more
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`claims of the ’750 Patent by making, having made, using, selling, offering for sale and/or
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`importing products that satisfy each and every limitation of one or more claims of the ’750
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`Patent, including at least Claim 1. Such products include at least any and all chipsets with an
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`ARM Cortex A15 core processor design. Upon information and belief, the accused chipset
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`products include at least the Axxia 5500.
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`ARM_VPT_IPR_00000164
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`
`
`
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`Page 2
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`

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`Case 2:13-cv-00990-JRG Document 1 Filed 11/21/13 Page 3 of 4 PageID #: 3
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`9.
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`Defendant’s manufacture, sales, offers to sell, and/or importation of the accused
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`products is unauthorized, without the permission of Plaintiff, and constitutes infringement under
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`35 U.S.C. §271 for which it is directly liable.
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`10.
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`As a result of Defendant’s direct infringement, Plaintiff Vantage Point has been
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`damaged monetarily and is entitled to adequate compensation of no less than a reasonable
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`royalty pursuant to 35 U.S.C. § 284.
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`JURY DEMAND
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`Plaintiff requests a jury on all issues so triable.
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`PRAYER
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`WHEREFORE, Plaintiff respectfully requests that the Court:
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`A. Enter judgment that Defendant has directly infringed, either literally or by
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`equivalents, the ’750 Patent;
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`B. Award Plaintiff damages for Defendant’s infringement in an amount to be
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`determined at trial, including enhanced damages, costs, and pre and post-
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`judgment interest; and
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`C. Award any other relief deemed just and proper.
`
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`ARM_VPT_IPR_00000165
`
`
`
`
`
`Page 3
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`

`

`Case 2:13-cv-00990-JRG Document 1 Filed 11/21/13 Page 4 of 4 PageID #: 4
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`November 21, 2013
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`Respectfully submitted,
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`
`
`
`
`
`
`
`
`
`
`
`/s/ Paul V. Storm
`
`Paul V. Storm
`Texas State Bar No. 19325350
`Sarah M. Paxson
`Texas State Bar No. 24032826
`GARDERE WYNNE SEWELL LLP
`1601 Elm Street, Suite 3000
`
`Dallas, Texas 75201
`
`
`(214) 999-3000
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`
`
`pvstorm@gardere.com
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`
`spaxson@gardere.com
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`
`
`
`
`
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`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`ARM_VPT_IPR_00000166
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`Page 4
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`

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