Case 2:09-cv-00172-MHS-CMC Document 1 Filed 05/29/09 Page 1 of 5 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. 2:09cv172
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`JURY TRIAL DEMANDED
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`PARALLEL NETWORKS, LLC,
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`Plaintiff,
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`v.
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`MICROSOFT CORPORATION,
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`Defendant.
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`ORIGINAL COMPLAINT
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`Plaintiff, Parallel Networks, LLC, brings this action for patent infringement and alleges
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`the following:
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`I. PARTIES
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`1.
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`Plaintiff Parallel Networks, LLC (“Parallel Networks”) is a Texas limited liability
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`company with a place of business at 100 E. Ferguson, Suite 602, Tyler, Texas 75702.
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`2.
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`On information and belief, defendant Microsoft Corp. (“Microsoft”) is a
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`Washington corporation, with its principal place of business at One Microsoft Way, Redmond,
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`Washington 98052, and is doing business in the Eastern District and elsewhere in the State of
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`Texas. Microsoft may be served with process by service upon its registered agent, Corporation
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`Service Company, 701 Brazos Street, Suite 1050, Austin, Texas 78701.
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`II. JURISDICTION AND VENUE
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`3.
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`This infringement action arises under the patent laws of the United States, Title
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`35, United States Code. This Court has jurisdiction of this action under 28 U.S.C. §§ 1331 and
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`1338(a).
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`Petitioner Microsoft Corporation - Ex. 1053 p. 1
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`Case 2:09-cv-00172-MHS-CMC Document 1 Filed 05/29/09 Page 2 of 5 PageID #: 2
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`4.
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`Microsoft has done and continues to do business in the Eastern District of Texas.
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`Microsoft has minimum contacts with the Eastern District of Texas such that this venue is a fair
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`and reasonable one. Microsoft has committed purposeful acts or transactions in the State of
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`Texas such that it reasonably knew and expected that it could be haled into a Texas court as a
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`consequence of such activity. Accordingly, venue in the Eastern District of Texas is proper
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`under 28 U.S.C. §§ 1391(b) and 1400(b).
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`III. PATENT INFRINGEMENT
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`5.
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`On April 13, 1999, and July 2, 2002, United States Patent Nos. 5,894,554 and
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`6,415,335 B1, which are collectively referred to as the “Parallel Networks Patents,” duly and
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`legally issued. These two patents concern, among other things, systems and methods for
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`managing dynamic Web page generation requests. Copies of the Parallel Networks Patents are
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`attached hereto as Exhibits “A” and “B” and made a part hereof.
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`6.
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`Parallel Networks is the owner of the Parallel Networks Patents and has the right
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`to enforce those patents with respect to the defendants.
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`7.
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`On information and belief, Microsoft makes and/or uses systems and methods for
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`managing dynamic Web page generation requests within the scope of one or more of the claims
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`of the Parallel Networks Patents. As a result, Microsoft has been and still is infringing one or
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`more of the claims of the Parallel Networks Patents as defined by 35 U.S.C. § 271 (a), (b), and/or
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`(c). Parallel Networks has suffered damage by reason of defendant’s infringement and will
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`continue to suffer additional damage until this Court enjoins the infringing conduct.
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`8.
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`To the extent that Microsoft has continued or does continue its infringing
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`activities after receiving notice of the Parallel Networks Patents, such infringement is willful,
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`entitling Parallel Networks to the recovery of increased damages under 35 U.S.C. § 284.
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`2
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`Petitioner Microsoft Corporation - Ex. 1053 p. 2
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`Case 2:09-cv-00172-MHS-CMC Document 1 Filed 05/29/09 Page 3 of 5 PageID #: 3
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`9.
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`This is an “exceptional case” justifying an award of attorneys’ fees and costs to
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`Parallel Networks pursuant to 35 U.S.C. § 285.
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`10.
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`Parallel Networks believes that Microsoft will continue to infringe the Parallel
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`Networks Patents unless enjoined by this Court. Such infringing activity causes Parallel
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`Networks irreparable harm and will continue to cause such harm without the issuance of an
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`injunction.
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`IV. JURY DEMAND
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`11.
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`Plaintiff requests trial by jury of all issues so triable pursuant to Federal Rule of
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`Civil Procedure 38.
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`V. PRAYER FOR RELIEF
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`12.
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`Parallel Networks requests that the Court find in its favor and against Microsoft
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`and that the Court grant the following relief:
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`Judgment that one or more of the claims of the Parallel Networks Patents have
`been infringed, either literally and/or under the doctrine of equivalents, by
`defendant;
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`Judgment in favor of Parallel Networks for the full amount of its actual damages
`caused by Microsoft’s infringing activities, including an assessment of interest
`and costs;
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`Judgment for increased damages for willful infringement pursuant to 35 U.S.C.
`§ 284;
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`Judgment that this is an “exceptional case” and awarding Parallel Networks its
`reasonable attorneys’ fees and costs pursuant to 35 U.S.C. § 285;
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`That Microsoft be permanently enjoined from further activity or conduct that
`infringes the claims of the Parallel Networks Patents; and
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`That the Court award Parallel Networks such other and further relief as is just and
`proper under the circumstances.
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`3
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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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`f.
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`Petitioner Microsoft Corporation - Ex. 1053 p. 3
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`Case 2:09-cv-00172-MHS-CMC Document 1 Filed 05/29/09 Page 4 of 5 PageID #: 4
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`Respectfully submitted,
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` /s/ Larry D. Carlson
`Larry D. Carlson, Lead Attorney
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`Texas State Bar No. 03814500
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`E-Mail: larry.carlson@bakerbotts.com
`Ryan Bangert
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`Texas State Bar No.
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`E-Mail: ryan.bangert@bakerbotts.com
`BAKER BOTTS L.L.P.
`2001 Ross Avenue
`Dallas, Texas 75201
`Telephone: (214) 953-6500
`Facsimile: (214) 953-6503
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`Kevin Meek
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`Texas State Bar No. 13899600
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`E-Mail: kevin.meek@bakerbotts.com
`Darryl J. Adams
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`Texas State Bar No.
`E-Mail: darryl.adams@bakerbotts.com
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`BAKER BOTTS L.L.P.
`1500 San Jacinto Center
`98 San Jacinto Blvd.
`Austin, Texas 78701
`Telephone: (512) 322-2500
`Facsimile: (512) 322-2501
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`T. John Ward, Jr.
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`State Bar No. 00794818
`E-mail: jw@jwfirm.com
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`Ward & Smith Law Firm
`P.O. Box 1231
`Longview, Texas 75606-1231
`Telephone (903) 757-6400
`Facsimile (903) 757-2323
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`4
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`Petitioner Microsoft Corporation - Ex. 1053 p. 4
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`Case 2:09-cv-00172-MHS-CMC Document 1 Filed 05/29/09 Page 5 of 5 PageID #: 5
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`S. Calvin Capshaw
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`State Bar No. 03783900
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`E-mail: ccapshaw@capshawlaw.com
`Capshaw DeRieux, LLP
`P.O. Box 3999
`Longview, Texas 75606-3999
`Telephone (903) 233-4826
`Facsimile (903) 236-8787
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`ATTORNEYS FOR PLAINTIFF
`PARALLEL NETWORKS, LLC
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`5
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`Petitioner Microsoft Corporation - Ex. 1053 p. 5