Case 6:15-cv-00604-RWS-JDL Document 1 Filed 06/25/15 Page 1 of 6 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Case No. 6:15-cv-604
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`JURY TRIAL REQUESTED
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`Defendants.
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`COMPLAINT
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`This is an action for patent infringement in which Plaintiff, ADAPTIX, Inc.
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`(“ADAPTIX”), complains against Defendants, Alcatel-Lucent USA, Inc. (“ALU”), and Cellco
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`Partnership d/b/a Verizon Wireless (“Verizon”), (collectively, “Defendants”) as follows:
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`THE PARTIES
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`1.
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`ADAPTIX is a Delaware corporation with its principal place of business at 2400
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`Dallas Parkway, Suite 200, Plano, TX 75093.
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`2.
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`ALU is a Delaware corporation with its principal place of business at 600-700
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`Mountain Avenue, Murray Hill, New Jersey 07974, and regularly does business in this judicial
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`district at 601 Data Drive, Plano, Texas 75075 by, among other things, committing the infringing
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`acts giving rise to this Complaint.
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`3.
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`Verizon is a Delaware corporation with its principal place of business at 1
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`Verizon Way, Basking Ridge, New Jersey 07920, and regularly does business in this judicial
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`district at 741 N. Central Expressway, Plano, Texas 75075 by, among other things, committing
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`the infringing acts giving rise to this Complaint.
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States, Title 35 of the
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`ADAPTIX, INC.,
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`Plaintiff,
`v.
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`ALCATEL-LUCENT USA, INC., and
`CELLCO PARTNERSHIP D/B/A
`VERIZON WIRELESS,
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`Case 6:15-cv-00604-RWS-JDL Document 1 Filed 06/25/15 Page 2 of 6 PageID #: 2
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`United States Code, 35 U.S.C. §§ 101, et seq. This Court has subject matter jurisdiction pursuant
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`to 28 U.S.C. §§ 1331 and 1338(a).
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`5.
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`Defendants are 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.
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`6.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b-c) and
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`1400(b) because Defendants, inter alia, regularly conduct business in and have committed the
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`acts giving rise to this action within this judicial district.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 8,934,445)
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`ADAPTIX incorporates by reference paragraphs 1 through 6 herein.
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`This cause of action arises under the patent laws of United States of America and
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`7.
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`8.
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`35 U.S.C. §§ 271, et seq.
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`9.
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`ADAPTIX is the owner by assignment of United States Patent No. 8,934,445,
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`entitled “Multi-Carrier Communications with Adaptive Cluster Configuration and Switching”
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`(“the ‘445 Patent”), with ownership of all substantial rights therein, including the right to exclude
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`others and to sue and recover damages for the past and future infringement thereof. A true and
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`correct copy of the ‘445 Patent is attached as Exhibit A.
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`10.
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`The ‘445 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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`11.
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`ALU has directly infringed and continues to directly infringe at least Claims 1 and
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`8 of the ‘445 Patent by, among other things, making, using, offering for sale, selling and/or
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`importing LTE cellular base stations, including without limitation the 9412 eNodeB Compact,
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`the 9460 Pico, the 9926 Distributed Base Station, the 9442 Remote Radio Head, the lightRadio
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`9711 Indoor Base Station for LTE, the lightRadio 9712 Outdoor Base Station for LTE, and 9760
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`Small Cells, including the 9764 Metro Cell Outdoor LTE and the 9768 Metro Radio Outdoor, for
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`use on the 4G LTE Wireless Network controlled by Verizon. ALU is thereby liable for
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`infringement of the ‘445 Patent pursuant to 35 U.S.C. § 271(a).
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`12.
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`Verizon has directly infringed and continues to directly infringe at least Claims 1
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`and 8 of the ‘445 Patent by, among other things, using the accused LTE cellular base stations,
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`including without limitation the 9412 eNodeB Compact, the 9460 Pico, the 9926 Distributed
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`Base Station, the 9442 Remote Radio Head, the lightRadio 9711 Indoor Base Station for LTE,
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`the lightRadio 9712 Outdoor Base Station for LTE, and 9760 Small Cells, including the 9764
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`Metro Cell Outdoor LTE and the 9768 Metro Radio Outdoor, to operate its 4G LTE Wireless
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`Network. Verizon is thereby liable for infringement of the ‘445 Patent pursuant to 35 U.S.C. §
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`271(a).
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`13.
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`ALU has indirectly infringed and continues to indirectly infringe at least Claims 1
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`and 8 of the ‘445 Patent in this judicial district and elsewhere in the United States by, among
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`other things, actively inducing the using, offering for sale, selling, or importation of LTE cellular
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`base stations, including without limitation the 9412 eNodeB Compact, the 9460 Pico, the 9926
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`Distributed Base Station, the 9442 Remote Radio Head, the lightRadio 9711 Indoor Base Station
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`for LTE, the lightRadio 9712 Outdoor Base Station for LTE, and 9760 Small Cells, including the
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`9764 Metro Cell Outdoor LTE and the 9768 Metro Radio Outdoor, by Verizon. ALU’s end
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`users, including without limitation Verizon, who purchase systems and components thereof, and
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`operate such systems and components in accordance with ALU’s instructions directly infringe
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`one or more claims of the ‘445 Patent in violation of 35 U.S.C § 271. To the extent such end
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`users are held to have directly infringed, ALU is thereby liable for infringement of the ‘445
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`Patent pursuant to 35 U.S.C. § 271(b).
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`14.
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`ALU has indirectly infringed and continues to indirectly infringe at least Claims 1
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`and 8 of the ‘445 Patent by, among other things, contributing to the direct infringement of others,
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`including without limitation Verizon, and other end users of its LTE cellular base stations,
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`including without limitation the 9412 eNodeB Compact, the 9460 Pico, the 9926 Distributed
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`Base Station, the 9442 Remote Radio Head, the lightRadio 9711 Indoor Base Station for LTE,
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`the lightRadio 9712 Outdoor Base Station for LTE, and 9760 Small Cells, including the 9764
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`Metro Cell Outdoor LTE and the 9768 Metro Radio Outdoor by making, offering to sell, or
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`selling, in the United States, or importing a component of a patented machine, manufacture, or
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`combination, or an apparatus for use in practicing a patented process, constituting a material part
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`of the invention, knowing the same to be especially made or especially adapted for use in
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`infringement of the ‘445 Patent, and not a staple article or commodity of commerce suitable for
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`substantial non-infringing use.
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`15.
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`ALU will have been on notice of the ‘445 Patent since, at the latest, the service of
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`the Original Complaint in Case No. 6:15-cv-00041. By the time of trial, ALU will thus have
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`known and intended (since receiving such notice), that its actions would actively induce and
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`contribute to actual infringement of at least Claims 1 and 8 of the ‘445 Patent.
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`16.
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`Verizon has indirectly infringed and continues to indirectly infringe at least Claim
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`8 of the ‘445 Patent by, among other things, actively inducing the using, offering for sale,
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`selling, or importation of the accused LTE cellular base stations, including without limitation the
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`9412 eNodeB Compact, the 9460 Pico, the 9926 Distributed Base Station, the 9442 Remote
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`Radio Head, the lightRadio 9711 Indoor Base Station for LTE, the lightRadio 9712 Outdoor
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`Base Station for LTE, and 9760 Small Cells, including the 9764 Metro Cell Outdoor LTE and
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`the 9768 Metro Radio Outdoor, by the end users of its 4G LTE Wireless Network. Verizon’s
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`end users directly infringe at least Claim 8 of the ‘445 Patent by using the claimed apparatus
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`through putting the invention into service, i.e., controlling the system as a whole and obtaining
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`the benefit from it.
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`17.
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`Verizon will have been on notice of the ‘445 Patent since, at the latest, the service
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`of the Original Complaint in Case No. 6:15-cv-00041. By the time of trial, Verizon will thus
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`have known, and intended (since receiving such notice), that its continued actions would actively
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`induce actual infringement of at least Claim 8 of the ‘445 Patent. Verizon is thereby liable for
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`infringement of the ‘445 Patent pursuant to 35 U.S.C. § 271(b).
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`18.
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`ADAPTIX has been reparably and irreparably damaged as a result of Defendants’
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`infringing conduct described in this Count. Defendants are thus liable to ADAPTIX for an
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`amount that adequately compensates ADAPTIX for Defendants’ infringement, which, by law,
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`cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court
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`under 35 U.S.C. § 284. Additionally, such irreparable damage will continue until Defendants are
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`enjoined pursuant to 35 U.S.C. § 283.
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`PRAYER FOR RELIEF
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`Wherefore, ADAPTIX respectfully requests that this Court enter:
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`a)
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`Judgment in favor of ADAPTIX that ALU, and Verizon have directly infringed
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`the ‘445 Patent, as aforesaid;
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`b)
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`Judgment in favor of ADAPTIX that ALU and Verizon have indirectly infringed
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`the ‘445 patent, as aforesaid;
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`c)
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`A permanent injunction enjoining Defendants, their officers, directors, agents,
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`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
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`active concert or privity therewith from direct and/or indirect infringement of the ‘445 Patent
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`pursuant to 35 U.S.C. § 283;
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`d)
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`An order requiring Defendants to pay ADAPTIX its damages with pre- and post-
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`judgment interest thereon pursuant to 35 U.S.C. § 284;
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`e)
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`f)
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`A determination that this case is exceptional pursuant to 35 U.S.C. § 285;
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`An order awarding ADAPTIX its attorneys’ fees and costs incurred herein
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`pursuant to 35 U.S.C. § 287; and
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`g)
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`Any and all further relief to which the Court may deem ADAPTIX entitled.
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`DEMAND FOR JURY TRIAL
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`ADAPTIX hereby requests a trial by jury on all issues so triable by right pursuant to Fed.
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`R. Civ. P. 38.
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`Dated: June 25, 2015
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`Respectfully submitted,
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`By: /s/ Paul J. Hayes
`Paul J. Hayes
`James J. Foster
`HAYES MESSINA GILMAN & HAYES LLC
`200 State Street, 6th Floor
`Boston, MA 02109
`Telephone: (617) 345-6900
`Facsimile: (617) 443-1999
`Email: phayes@hayesmessina.com
`Email: jfoster@hayesmessina.com
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`Craig Tadlock
`Texas State Bar No. 00791766
`Keith Smiley
`Texas State Bar No. 24067869
`TADLOCK LAW FIRM PLLC
`2701 Dallas Parkway, Suite 360
`Plano, Texas 75093
`Phone: (903) 730-6789
`Email: craig@tadlocklawfirm.com
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`keith@tadlocklawfirm.com
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`ATTORNEYS FOR THE PLAINTIFF
`ADAPTIX, INC.
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`Page 6 of 6