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`Ex. 1003
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`Complaint in Uniloc USA, Inc. and
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`Uniloc Luxembourg, S.A. v.
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`BitDefender LLC et al., Case No. 2:16-
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`cv-00394-RWS, E.D. Tex. (“E.D. Tex.
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`Complaint”)
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 1 of 10 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
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`§
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`UNILOC USA, INC. and
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`§
`UNILOC LUXEMBOURG, S.A.,
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`§
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`§
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`Plaintiffs,
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`v.
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`§
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`BITDEFENDER HOLDING B.V. and
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`BITDEFENDER LLC,
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`§
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`§
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`Defendants.
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`§
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`§
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`Civil Action No. 2:16-cv-394
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`PATENT CASE
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`JURY TRIAL DEMANDED
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs, Uniloc USA, Inc. and Uniloc Luxembourg, S.A. (together “Uniloc”), as and
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`for their complaint against defendants, BitDefender Holding BV and BitDefender LLC (together
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`“BitDefender”), allege as follows:
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`THE PARTIES
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`1.
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`Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation having a 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 also maintains a placed of business at 102 N. College, Suite 603, 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 having a principal place of business at 15, Rue Edward Steichen, 4th Floor, L-
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`2540, Luxembourg (R.C.S. Luxembourg B159161).
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`3.
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`Uniloc Luxembourg owns a number of patents in the field of application
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`management in a computer network.
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`06096768
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 2 of 10 PageID #: 2
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`4.
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`Upon information and belief, BitDefender Holding B.V. is a Dutch private limited
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`liability company with a principal place of business in Delft, Holland.
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`5.
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`Upon information and belief, BitDefender LLC is a Florida limited liability
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`company having a principal place of business in Fort Lauderdale, Florida and offering its
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`products, including those accused herein of infringement, to customers and/or potential
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`customers located in Texas and in the judicial Eastern District of Texas. BitDefender LLC may
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`be served with process through its registered agent: Joel Friend Associates, Inc., 2863 Executive
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`Park Drive, Suite 105, Weston, Florida 33331.
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`JURISDICTION AND VENUE
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`6.
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`Uniloc brings this action for patent infringement under the patent laws of the
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`United States, 35 U.S.C. § 271 et seq. This Court has subject matter jurisdiction pursuant to 28
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`U.S.C. §§ 1331, 1338(a) and 1367.
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`7.
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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). Upon information and belief, BitDefender is deemed to reside in this judicial district,
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`has committed acts of infringement in this judicial district, and/or has purposely transacted
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`business involving the accused products in this judicial district, including sales to one or more
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`customers in Texas.
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`8.
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`BitDefender is subject to this Court’s jurisdiction pursuant to due process and/or
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`the Texas Long Arm Statute due at least to its substantial business in this State and judicial
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`district, including: (A) at least part of its past infringing activities, (B) regularly doing or
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`soliciting business in Texas and/or (C) engaging in persistent conduct and/or deriving substantial
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`revenue from goods and services provided to customers in Texas.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,510,466)
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`2
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 3 of 10 PageID #: 3
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`9.
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`10.
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`Uniloc incorporates paragraphs 1-8 above by reference.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 6,510,466
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`(“the ’466 Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM
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`PRODUCTS FOR CENTRALIZED MANAGEMENT OF APPLICATION PROGRAMS ON A
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`NETWORK that issued on January 21, 2003. A true and correct copy of the ’466 Patent is
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`attached as Exhibit A hereto.
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`11.
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`Uniloc USA is the exclusive licensee of the ’466 Patent with ownership of all
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`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
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`enforce, sue and recover past damages for the infringement thereof.
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`12.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works:
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`13.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works:
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`3
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 4 of 10 PageID #: 4
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`14.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works:
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`15.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works:
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`16.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works
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`4
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 5 of 10 PageID #: 5
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`17.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works:
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`18.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works:
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`5
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 6 of 10 PageID #: 6
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`19.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works:
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`20.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works:
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`21.
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`Upon information and belief, the following describes, at least in part, how
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`BitDefender’s software licensing and delivery system works:
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`6
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 7 of 10 PageID #: 7
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`22.
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`BitDefender has directly infringed, and continues to directly infringe one or more
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`claims of the ’466 Patent in this judicial district and elsewhere in Texas, including at least
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`Claims 1, 2, 7, 15 and 22, literally and/or under the doctrine of equivalents, by or through
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`making, using, importing, offering for sale and/or selling its software licensing and delivery
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`system during the pendency of the ’466 Patent which software and associated backend server
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`architecture inter alia allows for installing application programs on a server, receiving a login
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`request, establishing a user desktop, receiving a selection of one or more programs displayed in
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`the user desktop and providing a program for execution.
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`23.
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`In addition, should BitDefender’s software licensing and delivery system be
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`found to not literally infringe the asserted claims of the ’466 Patent, BitDefender’s accused
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`products would nevertheless infringe the asserted claims of the ’466 Patent. More specifically,
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`the accused software delivery system performs substantially the same function (making
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`computer games/software available for digital download/management), in substantially the same
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`7
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 8 of 10 PageID #: 8
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`way (via a client/server environment), to yield substantially the same result (providing
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`authorized games/software to a client for execution). BitDefender would thus be liable for direct
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`infringement under the doctrine of equivalents.
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`24.
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`BitDefender may have infringed the ’466 Patent through other software utilizing
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`the same or reasonably similar functionality, including other versions of its software licensing
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`and delivery system. Uniloc reserves the right to discover and pursue all such additional
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`infringing software.
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`25.
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`Uniloc has been damaged, reparably and
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`irreparably, by BitDefender’s
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`infringement of the ’466 Patent and such damage will continue unless and until BitDefender is
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`enjoined.
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`26.
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`27.
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`COUNT II
`(INFRINGEMENT OF U.S. PATENT NO. 6,728,766)
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`Uniloc incorporates paragraphs 1-25 above by reference.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 6,728,766
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`(“the ’766 Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM
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`PRODUCTS FOR LICENSE USE MANAGEMENT ON A NETWORK that issued on April 27,
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`2004. A true and correct copy of the ’766 Patent is attached as Exhibit B hereto.
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`28.
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`Uniloc USA is the exclusive licensee of the ’766 Patent with ownership of all
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`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
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`enforce, sue and recover past damages for the infringement thereof.
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`29.
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`BitDefender has directly infringed, and continues to directly infringe one or more
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`claims of the ’766 Patent in this judicial district and elsewhere in Texas, including at least
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`Claims 1, 3, 7, 9, 13 and 15, literally and/or under the doctrine of equivalents, by or through
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`making, using, importing, offering for sale and/or selling its software delivery system during the
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`8
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 9 of 10 PageID #: 9
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`pendency of the ’766 Patent which software and associated backend server architecture inter alia
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`allow for maintaining user policy based license management information for application
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`programs at a server, receiving a request for a license at the server, determining license
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`availability based on the policy information, and providing an indication of availability or
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`unavailability.
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`30.
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`In addition, should BitDefender’s software licensing and delivery system be
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`found to not literally infringe the asserted claims of the ’766 Patent, BitDefender’s accused
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`products would nevertheless infringe the asserted claims of the ’766 Patent. More specifically,
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`the accused software delivery system performs substantially the same function (making
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`computer games/software available for digital download/management), in substantially the same
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`way (via a client/server environment), to yield substantially the same result (providing
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`authorized games/software to a client for execution). BitDefender would thus be liable for direct
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`infringement under the doctrine of equivalents.
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`31.
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`BitDefender may have infringed the ’766 Patent through other software utilizing
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`the same or reasonably similar functionality, including other versions of its software licensing
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`and delivery system. Uniloc reserves the right to discover and pursue all such additional
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`infringing software.
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`32.
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`Uniloc has been damaged, reparably and
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`irreparably, by BitDefender’s
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`infringement of the ’766 Patent and such damage will continue unless and until BitDefender is
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`enjoined.
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against BitDefender as follows:
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`(A)
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`that BitDefender has infringed the ’466 Patent and the ’766 Patent;
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`9
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`Case 2:16-cv-00394-RWS Document 1 Filed 04/12/16 Page 10 of 10 PageID #: 10
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`(B)
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`awarding Uniloc its damages suffered as a result of BitDefender’s infringement of
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`the ’466 Patent and the ’766 Patent pursuant to 35 U.S.C. § 284;
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`(C)
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`enjoining BitDefender,
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`its officers, directors, agents, servants, affiliates,
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`employees, divisions, branches, subsidiaries and parents, and all others acting in concert or
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`privity with it from infringing the ’466 Patent and the ’766 Patent pursuant to 35 U.S.C. § 283;
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`awarding Uniloc its costs, attorneys’ fees, expenses and interest, and
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`granting Uniloc such other and further relief as the Court may deem just and
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`(D)
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`(E)
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`proper.
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`DEMAND FOR JURY TRIAL
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`
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`Uniloc hereby demands trial by jury on all issues so triable pursuant to Fed. R. Civ. P. 38.
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`Dated: April 12, 2016
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`Respectfully submitted,
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`
` /s/ Craig Tadlock
`Craig Tadlock
`Texas State Bar No. 00791766
`Keith Smiley
`Texas State Bar No. 24067869
`TADLOCK LAW FIRM PLLC
`2701 Dallas Parkway, Suite 360
`Plano, TX 75093
`Tel: (903) 730-6789
`Email: craig@tadlocklawfirm.com
`Email: keith@tadlocklawfirm.com
`
`Paul J. Hayes
`Kevin Gannon
`CESARI AND MCKENNA, LLP
`88 Black Falcon Ave
`Suite 271
`Boston, MA 02110
`Telephone: (617) 951-2500
`Facsimile: (617) 951-3927
`Email: pjh@c-m.com
`Email: ktg@c-m.com
`
`
`
`
`
`ATTORNEYS FOR THE PLAINTIFFS
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`
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`10
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`
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