Case 2:21-cv-00183 Document 1 Filed 05/25/21 Page 1 of 18 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. 2:21-cv-183
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`BILLJCO, LLC
`
`Plaintiff,
`
`v.
`
`Defendants.
`
`HEWLETT PACKARD ENTERPRISE
`COMPANY, ARUBA NETWORKS, INC.
`
`Plaintiff BillJCo, LLC (“BillJCo” or “Plaintiff”), by its undersigned counsel, for its
`Complaint against defendants Hewlett Packard Enterprise Company (“HPE”), Aruba Networks,
`Inc. (“Aruba”) (collectively, “Defendants”), states as follows:
`I.
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action arising under the patent laws of the United States, 35 U.S.C.
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`§1 et seq., including 35 U.S.C. §271, based on Defendants’ unauthorized and willful infringing
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`manufacture, use, sale, offering for sale, and/or importation of methods and products
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`incorporating BillJCo’s patented inventions.
`
`2.
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`BillJCo is owner of all right, title, and interest in and to multiple United States
`
`patents and patent applications including United States Patent Nos. 8,761,804 (the ‘804 Patent),
`
`1
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`Exhibit 2020
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`10,292,011 (the ‘011 Patent), and 10,477,994 (the ‘994 Patent) (collectively, “the Patents-in-
`
`Suit”).
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`3.
`
`Defendants manufacture, provide, sell, offer for sale, import, and/or distribute
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`products and services which directly infringe the Patents-in-Suit. The Patents-in-Suit represent
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`BillJCo.’s significant investment into the Bluetooth low energy beacon technology space.
`
`II.
`
`
`THE PARTIES
`
`4.
`
`Plaintiff BillJCo, LLC is a Texas limited liability corporation with its principal
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`place of business located at 1704 Katherine Court, Flower Mound, TX 75022. Bill Johnson is a
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`member of BillJCo and is the inventor of the Patents-in-Suit and related patents in the patent
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`portfolio.
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`5.
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`Hewlett Packard Enterprise Company is a Delaware corporation with its principal
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`place of business at 11445 Compaq Center West Drive, Houston, Texas 77070. Hewlett Packard
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`Enterprise Company may be served through its registered agent CT Corporation System, 1999
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`Bryan St., Ste. 900, Dallas, Texas 75201. Hewlett Packard Enterprise Company is registered to
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`do business in the State of Texas and has been since at least March 13, 2015.
`
`6.
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`Aruba Networks, Inc. is a Delaware corporation with its principal place of
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`business at 3333 Scott Blvd., Santa Clara, California 95054. Aruba Networks, Inc. may be served
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`through its registered agent CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, Texas
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`75201. Aruba Networks, Inc. is registered to do business in the State of Texas and has been since
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`at least April 4, 2007.
`
`7.
`
`Aruba Networks, Inc. is a wholly owned subsidiary of Defendant Hewlett Packard
`
`Enterprise Company. Defendants conduct business operations within the Eastern District of
`
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`Texas where they sell, develop, and/or market their products, including facilities at 6080
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`Tennyson Parkway, Suite 400, Plano, Texas 75024.
`
`III.
`
`
`JURISDICTION AND VENUE
`
`8.
`
`This is an action for patent infringement, which arises under the Patent Laws of
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`the United States, in particular, 35 U.S.C. §§ 271, 281, 282, 284, and 285. This Court has
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`jurisdiction over the subject matter of this action under 28 U.S.C. §§ 1331 and 1338(a).
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`9.
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`The Court has personal jurisdiction over Defendants because they have committed
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`acts giving rise to this action within Texas and within this judicial district. Defendants also
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`regularly do business or solicit business in this District and in Texas, engage in other persistent
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`course of conduct, derive substantial revenue from products and/or services provided in this
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`District and in Texas, have purposefully established substantial, systematic and continuous
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`contacts with this District, and should reasonably expect to be sued in a court in this District.
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`10.
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`For example, Defendants have a regular and established place of business in the
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`State of Texas and in this District, including office space located at 6080 Tennyson Parkway,
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`Suite 400, Plano, Texas 75024. Defendants also conduct business with customers residing in this
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`District, and offer support service to customers in this District and Texas.
`
`11.
`
`Defendants have committed acts of patent infringement in this District and
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`elsewhere in Texas.
`
`12.
`
`Defendants continue to grow their presence in this District, further cementing
`
`their ties to this District. Defendants operate a website and various advertising campaigns that
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`solicit sales of the infringing products by consumers in the District and in Texas. Defendants
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`have entered into partnerships with numerous resellers and distributors to sell and offer for sale
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`the Accused Products to consumers in this District, both online and in stores, and offers support
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`services to customers in this District.
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`13. Moreover, HPE does not simply act as a wholly separate parent of Aruba. In fact,
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`HPE offers for sale infringing Aruba products on its website, soliciting sales of the infringing
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`products by consumers in the District and in Texas. For example, HPE offers for sale Aruba 303
`
`Series Campus Access Point products, which infringe the Patents-in-Suit, on its website:
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`https://buy.hpe.com/us/en/networking/wireless-devices/wlan-access-points/aruba-campus-
`
`access-point-products/aruba-303-series-campus-access-points/aruba-ap-303-us-dual-2x2:2-mu-
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`mimo-radio-internal-antennas-unified-campus-ap/p/JZ321A.
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`14. Moreover, HPE and Aruba regularly identify their products using both
`
`Defendants’ branding. For example, Defendants offer for sale an infringing product referred to as
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`“HPE Aruba Beacon” on multiple websites:
`
`
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`See https://www.amazon.com/Aruba-Ls-Bt20-5-Ble-Batt-Beacons/dp/B01N1TDUB3.
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`
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`See https://usm.channelonline.com/acme/ccs/Products/overview/M015926885.
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`15.
`
`Defendants are registered to do business in Texas and maintain an agent
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`authorized to receive service of process within Texas. Given these contacts, the Court’s exercise
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`of jurisdiction over Apple will not offend traditional notions of fair play and substantial justice.
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`16.
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`Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391 and
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`1400(b) because Defendants have an established place of business in this District, including at
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`6080 Tennyson Parkway, Suite 400, Plano, Texas 75024, have committed acts within this
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`District giving rise to this action and resulting in the derivation of substantial revenue from
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`goods and services provided to customers in Texas, and continue to conduct business in this
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`District, including one or more acts of selling, using, importing, and/or offering for sale
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`infringing goods and/or performing support service to Defendants’ customers in this District.
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`17.
`
`Venue is also convenient as BillJCo is a registered Texas Limited Liability
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`Company located in Denton County and resides within this District. Similarly, BillJCo member
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`and inventor of the Patents-in-Suit, Mr. Johnson, lives and resides in Denton County within this
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`District. As such, various evidence and sources of proof relating to the Patents-in-Suit and this
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`case also are located in and reside in this District and Texas.
`
`IV.
`
`
`FACTUAL ALLEGATIONS
`
`BillJCo’s Technology and Patents-in-Suit
`
`18.
`
`Beacon technology generally relates to a class of BLE hardware transmitters that
`
`broadcast, among other things, their identifier to nearby electronic devices where different
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`information can be received, processed, analyzed, and ultimately presented to a user to, for
`
`example, enhance a user’s or customer’s experience.
`
`19.
`
`The BillJCo patent portfolio includes thirty-three (33) issued and enforceable
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`United States patents (“the Patent Portfolio”) directed to the beacon technology ecosystem which
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`have resulted from the innovation, ingenuity, and work of BillJCo member and inventor William
`
`J. Johnson. The Patent Portfolio claims an earliest priority date of March 14, 2008.
`
`20.
`
`The Patents-in-Suit are part of the Patent Portfolio and relate to specific and
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`particularized inventions for, and associated with, this beacon technology and the related
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`protocols and specifications which facilitate and enable aspects of the beacon technology
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`ecosystem including devices capable of implementing beacon standards and specifications,
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`manufacturers of beacon transmitting devices, application developers, and beacon deployers. In
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`particular, the Patents-in-Suit also teach and disclose – among other things – systems and
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`methods for broadcasting and beaconing related identifiers, applications, and location
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`information for use within the beacon ecosystem.
`
`21.
`
`On June 24, 2014, the ‘804 Patent entitled “System and Method for Location
`
`Based Exchanges of Data Facilitating Distributed Locational Applications” was duly and legally
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`issued by the United States Patent and Trademark Office. A true and accurate copy of the ‘804
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`Patent is attached hereto as Exhibit A.
`
`22.
`
`On May 14, 2019, the ‘011 Patent entitled “System and Method for Location
`
`Based Exchange Network” was duly and legally issued by the United States Patent and
`
`Trademark Office. A true and accurate copy of the ‘011 Patent is attached hereto as Exhibit B.
`
`23.
`
`On November 19, 2019, the ‘994 Patent entitled “System and Method for
`
`Location Based Exchanges of Data Facilitating Distributed Locational Applications” was duly
`
`and legally issued by the United States Patent and Trademark Office. A true and accurate copy
`
`of the ‘994 Patent is attached hereto as Exhibit C.
`
`24.
`
`25.
`
`The Patents-in-Suit are valid and enforceable.
`
`As of the priority date, the inventions as claimed in the Patents-in-Suit were
`
`novel, non-obvious, unconventional, and non-routine.
`
`26.
`
`BillJCo, LLC is the assignee of and owns all right, title, and interests in the
`
`Patents-in-Suit, including the right to receive a reasonable royalty, and recovery of any and all
`
`other damages for all past and future infringement thereof.
`
`Defendants’ Infringing Instrumentalities
`
`27.
`
`Defendants make, import, use, offer for sale, and sell in the United States devices
`
`that conform, implement, and infringe the Patents-in-Suit. This includes devices that use BLE to
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`broadcast data packets, in compliance with beacon standards and specifications, to nearby
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`wireless devices, such as smartphones and tablets, including at least: Aruba Access Points (AP)
`
`including Aruba 300/310/320/330 series; Aruba Beacons (e.g., Product #s JX984A, JX985A);
`
`Aruba USB Beacons (e.g., Product #s JW315A, JW316A); and Aruba Event Beacons (e.g.,
`
`Product # JX986A) (collectively the “Accused Infringing Instrumentalities”).
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`28.
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`The Accused Infringing Instrumentalities are used to create a communications
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`system where beacons transmit a series of messages that include data fields arranged in
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`accordance with the BLE protocol and another device receives such a message and is capable of
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`receiving data, including location data, contained in the inquiry message.
`
`29.
`
`In particular, the Accused Infringing Instrumentalities implement certain features
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`of different beacon specifications and protocols including Apple, Inc.’s iBeacon standard.
`
`30.
`
`For example, the Accused Infringing Instrumentalities use a standardized
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`technology data packet consisting of at least the following pieces of information: proximity
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`universally unique identifier (UUID), Major, Minor.
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`31.
`
`Defendants have been aware that they infringe the Patents-in-Suit since at least
`
`the filing and/or service of this lawsuit, and Defendants have failed to cease their infringing
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`
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`activities.
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`32.
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`Defendants have infringed, and continue to infringe, claims of the Patents-In-Suit
`
`in the United States by making, using, offering for sale, selling and/or importing the Accused
`
`Infringing Instrumentalities in violation of 35 U.S.C. §271(a).
`
`33.
`
`Defendants induce infringement by others of one or more claims of the Patents-in-
`
`Suit in violation of 35 U.S.C. §271(b) in aiding, instructing, promoting, encouraging or
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`otherwise acting with the intent to cause other parties including customers, developers, and other
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`third-parties to use its Accused Infringing Instrumentalities. Defendants are aware of the Patents-
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`in-Suit, at least as of the filing of this lawsuit, and know or should have known that the inducing
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`acts described herein constitute infringement of the Patents-in-Suit.
`
`34.
`
`Defendants take specific steps to actively induce others—such as, for example
`
`customers, application developers, and third-party manufacturers—to access, use, and develop
`
`programs and applications for the Accused Infringing Instrumentalities and intentionally
`
`instructs infringing use through training videos, demonstrations, brochures, installation and user
`
`guides, such as those located at: https://www.arubanetworks.com/products/location-
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`services/beacons-tags/beacons/;
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`https://www.arubanetworks.com/assets/ds/DS_LocationServices.pdf;
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`https://community.arubanetworks.com/support;
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`https://community.arubanetworks.com/community-home?CommunityKey=e0da4030-48d2-
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`4b2b-8f2d-034c69b01f92; https://www.arubanetworks.com/products/wireless/access-
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`points/indoor-access-points/#wpcf-wi-fi-standard=7;
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`https://buy.hpe.com/us/en/networking/wireless-devices/wlan-access-points/aruba-campus-
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`access-point-products/aruba-303-series-campus-access-points/p/1010322715;
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`https://h20195.www2.hpe.com/v2/GetDocument.aspx?docname=a00029143enw
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`35.
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`Defendants have also infringed, and continue to infringe the Patents-In-Suit by
`
`offering to commercially distribute, commercially distributing, or importing Accused Infringing
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`Instrumentalities which are used in practicing the processes, or using the systems of the Patents-
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`In-Suit, and constitute a material part of the invention. Defendants know portions of the
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`Accused Infringing Instrumentalities to be especially made or especially adapted for use in
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`infringement of the Patents-in-Suit, not a staple article, and not a commodity of commerce
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`suitable for substantially noninfringing use. Defendants are therefore liable for infringement of
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`the Patents-in-Suit under 35 U.S.C. §271(c).
`
`36.
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`Defendants undertook and continue their infringing actions despite that they knew
`
`and/or should have known that their actions constituted an unjustifiably high risk that their
`
`activities infringed the Patents-in-Suit, which were duly issued by the USPTO, and are presumed
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`valid. For example, since at least the filing of this action, Defendants have been aware of the
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`unjustifiably high risk that its actions constituted and continue to constitute infringement of the
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`Patents-in-Suit, and that the Patents-in-Suit are valid. On information and belief, Defendants
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`could not reasonably, subjectively believe that its actions do not constitute infringement of the
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`Patents-in-Suit, and could not reasonably, subjectively believe that the Patents-in-Suit are
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`invalid. Despite this knowledge and subjective belief, and the unjustifiably high risk that its
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`actions constitute infringement, Defendants have continued their infringing activities. As such,
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`Defendants willfully infringe the Patents-in-Suit.
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`COUNT I: INFRINGEMENT OF THE ‘804 PATENT
`
`37.
`
`38.
`
`BillJCo incorporates all previous paragraphs by reference as if fully stated herein.
`
`BillJCo owns all substantial rights, interest, and title in and to the ‘804 Patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ‘804 Patent against
`
`infringers, and to collect damages for all relevant times.
`
`39.
`
`The ‘804 Patent describes in technical detail each of the limitations of the claims,
`
`allowing a skilled artisan to understand the scope of the claims and how the non-conventional
`
`and non-generic combination of claim limitations is patentably distinct from and improved upon
`
`what may have been conventional or generic in the art at the time of the invention.
`
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`40.
`
`As set forth in the attached exemplary non-limiting Claim Chart (Exhibit D),
`
`Defendants, without authorization or license from BillJCo, have been and are presently directly
`
`infringing, literally or under the doctrine of equivalents, at least one claim of the ‘804 Patent,
`
`pursuant to 35 U.S.C. §271(a), including through making, using, selling, and/or offering for sale
`
`in the United States the Accused Infringing Instrumentalities, and/or importing into the United
`
`States, methods, services, systems, and products made in accordance with the ‘804 Patent.
`
`Defendants are thus liable for direct infringement of the ‘804 Patent pursuant to 35 U.S.C.
`
`§271(a).
`
`41.
`
`Defendants actively induce infringement of at least one claim of the ‘804 Patent
`
`by selling the Accused Infringing Instrumentalities with instructions as to how to use the
`
`Accused Infringing Instrumentalities in a system or method such as recited in the ‘804 Patent.
`
`Defendants aid, instruct, or otherwise act with the intent to cause an end user to use the Accused
`
`Infringing Instrumentalities. Defendants knew of the ‘804 Patent and knew that its use and sale
`
`of the Accused Infringing Instrumentalities infringe at least one claim of the ‘804 Patent, and
`
`Defendants are thus liable for inducement of the ‘804 Patent pursuant to 35 U.S.C. §271(b).
`
`42.
`
`Defendants are also liable for contributory infringement of at least one claim of
`
`the ‘804 Patent by providing, and by having knowingly provided, a material part of the
`
`instrumentalities, namely the Accused Infringing Instrumentalities, used to infringe at least one
`
`claim of the ‘804 Patent. The Accused Infringing Instrumentalities have no substantial non-
`
`infringing uses. Defendants knew that the Accused Infringing Instrumentalities were especially
`
`made for use in an infringing manner prior to the filing of this lawsuit. For at least the reasons
`
`set forth above, Defendants contribute to the infringement of the ‘804 Patent by others.
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`43.
`
`To the extent 35 U.S.C. § 287 is determined to be applicable, its requirements
`
`have been satisfied with respect to the ‘804 Patent.
`
`44.
`
`BillJCo has been damaged as a result of the infringing conduct by Defendants
`
`alleged above. Thus, Defendants are liable to BillJCo in an amount that compensates it for such
`
`infringement, which by law cannot be less than a reasonable royalty and in an amount yet to be
`
`determined. BillJCo is also entitled to receive such other and further relief, as this Court deems
`
`just and proper.
`
`45.
`
`BillJCo is further informed, and on this basis alleges, that Defendants’
`
`infringement of the ‘804 Patent has been and continues to be deliberate and willful, and,
`
`therefore, this is an exceptional case warranting an award of enhanced damages for up to three
`
`times the actual damages awarded and attorney’s fees to BillJCo pursuant to 35 U.S.C. §§ 284-
`
`285. As noted above, Defendants have had knowledge of the ‘804 Patent or at least were
`
`willfully blind to their infringement, as well as related patents and patent applications, and its
`
`infringement thereof, and yet has deliberately continued to infringe in a wanton, malicious, and
`
`egregious manner, with reckless disregard for BillJCo patent rights. Thus, Defendants’ infringing
`
`actions have been and continue to be consciously wrongful.
`
`46.
`
`Defendants’ use of the ‘804 Patent is not licensed or authorized by BillJCo in any
`
`way. BillJCo has not licensed the ‘804 Patent to Defendants.
`
`COUNT II: INFRINGEMENT OF THE ‘011 PATENT
`
`47.
`
`48.
`
`BillJCo incorporates all previous paragraphs by reference as if fully stated herein.
`
`BillJCo owns all substantial rights, interest, and title in and to the ‘011 Patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ‘011 Patent against
`
`infringers, and to collect damages for all relevant times.
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`49.
`
`The ‘011 Patent describes in technical detail each of the limitations of the claims,
`
`allowing a skilled artisan to understand the scope of the claims and how the non-conventional
`
`and non-generic combination of claim limitations is patentably distinct from and improved upon
`
`what may have been conventional or generic in the art at the time of the invention.
`
`50.
`
`As set forth in the attached exemplary non-limiting Claim Chart (Exhibit E),
`
`Defendants, without authorization or license from BillJCo, have been and are presently directly
`
`infringing, literally or under the doctrine of equivalents, at least one claim of the ‘011 Patent,
`
`pursuant to 35 U.S.C. §271(a), including through making, using, selling, and/or offering for sale
`
`in the United States infringing products and services, and/or importing into the United States,
`
`methods, services, systems, and products made in accordance with the ‘011 Patent. Defendants
`
`are thus liable for direct infringement of the ‘011 Patent pursuant to 35 U.S.C. §271(a).
`
`51.
`
`Defendants actively induce infringement of at least one claim of the ‘011 Patent
`
`by selling the Accused Infringing Instrumentalities with instructions as to how to use the
`
`Accused Infringing Instrumentalities in a system or method such as recited in the ‘011 Patent.
`
`Defendants aid, instruct, or otherwise act with the intent to cause an end user to use the Accused
`
`Infringing Instrumentalities. Defendants knew of the ‘011 Patent and knew that their use and
`
`sale of the Accused Infringing Instrumentalities infringe at least one claim of the ‘011 Patent,
`
`and Defendants are thus liable for inducement of the ‘011 Patent pursuant to 35 U.S.C. §271(b).
`
`52.
`
`Defendants are also liable for contributory infringement of at least one claim of
`
`the ‘011 Patent by providing, and by having knowingly provided, a material part of the
`
`instrumentalities, namely the Accused Infringing Instrumentalities, used to infringe at least one
`
`claim of the ‘011 Patent. The Accused Infringing Instrumentalities have no substantial non-
`
`infringing uses. Defendants knew that the Accused Infringing Instrumentalities were especially
`
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`made for use in an infringing manner prior to the filing of this lawsuit. For at least the reasons
`
`set forth above, Defendants contribute to the infringement of the ‘011 Patent by others.
`
`53.
`
`To the extent 35 U.S.C. § 287 is determined to be applicable, its requirements
`
`have been satisfied with respect to the ’011 Patent.
`
`54.
`
`BillJCo has been damaged as a result of the infringing conduct by Defendants
`
`alleged above. Thus, Defendants are liable to BillJCo in an amount that compensates it for such
`
`infringement, which by law cannot be less than a reasonable royalty and in an amount yet to be
`
`determined. BillJCo is also entitled to receive such other and further relief, as this Court deems
`
`just and proper.
`
`55.
`
`BillJCo is further informed, and on this basis alleges, that Defendants’
`
`infringement of the ‘011 Patent has been and continues to be deliberate and willful, and,
`
`therefore, this is an exceptional case warranting an award of enhanced damages for up to three
`
`times the actual damages awarded and attorney’s fees to BillJCo pursuant to 35 U.S.C. §§ 284-
`
`285. As noted above, Defendants have had knowledge of the ‘011 Patent or at least were
`
`willfully blind to their infringement, as well as related patents and patent applications, and their
`
`infringement thereof, and yet has deliberately continued to infringe in a wanton, malicious, and
`
`egregious manner, with reckless disregard for BillJCo patent rights. Thus, Defendants’ infringing
`
`actions have been and continue to be consciously wrongful.
`
`56.
`
`Defendants’ use of the ‘011 Patent is not licensed or authorized by BillJCo in any
`
`way. BillJCo has not licensed the ‘011 Patent to Defendants.
`
`COUNT III: INFRINGEMENT OF THE ‘994 PATENT
`
`57.
`
`BillJCo incorporates all previous paragraphs by reference as if fully stated herein.
`
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`Case 2:21-cv-00183 Document 1 Filed 05/25/21 Page 15 of 18 PageID #: 15
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`58.
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`BillJCo owns all substantial rights, interest, and title in and to the ‘994 Patent,
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`including the sole and exclusive right to prosecute this action and enforce the ‘994 Patent against
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`infringers, and to collect damages for all relevant times.
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`59.
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`The ‘994 Patent describes in technical detail each of the limitations of the claims,
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`allowing a skilled artisan to understand the scope of the claims and how the non-conventional
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`and non-generic combination of claim limitations is patentably distinct from and improved upon
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`what may have been conventional or generic in the art at the time of the invention.
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`60.
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`As set forth in the attached exemplary non-limiting Claim Chart (Exhibit F),
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`Defendants, without authorization or license from BillJCo, have been and are presently directly
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`infringing, literally or under the doctrine of equivalents, at least one claim of the ‘994 Patent,
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`pursuant to 35 U.S.C. §271(a), including through making, using, selling, and/or offering for sale
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`in the United States the Accused Infringing Instrumentalities, and/or importing into the United
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`States, methods, services, systems, and products made in accordance with the ‘994 Patent.
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`Defendants are thus liable for direct infringement of the ‘994 Patent pursuant to 35 U.S.C.
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`§271(a).
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`61.
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`Defendants actively induce infringement of at least one claim of the ‘994 Patent
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`by selling the Accused Infringing Instrumentalities with instructions as to how to use the
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`Accused Infringing Instrumentalities in a system or method such as recited in the ‘994 Patent.
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`Defendants aid, instruct, or otherwise act with the intent to cause an end user to use the Accused
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`Infringing Instrumentalities. Defendants knew of the ‘994 Patent and knew that their use and
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`sale of the Accused Infringing Instrumentalities infringe at least one claim of the ‘994 Patent,
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`and Defendants are thus liable for inducement of the ‘994 Patent pursuant to 35 U.S.C. §271(b).
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`
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`Case 2:21-cv-00183 Document 1 Filed 05/25/21 Page 16 of 18 PageID #: 16
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`62.
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`Defendants are also liable for contributory infringement of at least one claim of
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`the ‘994 Patent by providing, and by having knowingly provided, a material part of the
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`instrumentalities, namely the Accused Infringing Instrumentalities, used to infringe at least one
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`claim of the ‘994 Patent. The Accused Infringing Instrumentalities have no substantial non-
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`infringing uses. Defendants knew that the Accused Infringing Instrumentalities were especially
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`made for use in an infringing manner prior to the filing of this lawsuit. For at least the reasons
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`set forth above, Defendants contribute to the infringement of the ‘994 Patent by others.
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`63.
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`To the extent 35 U.S.C. § 287 is determined to be applicable, its requirements
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`have been satisfied with respect to the ‘994 Patent.
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`64.
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`BillJCo has been damaged as a result of the infringing conduct by Defendants
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`alleged above. Thus, Defendants are liable to BillJCo in an amount that compensates it for such
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`infringement, which by law cannot be less than a reasonable royalty and in an amount yet to be
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`determined. BillJCo is also entitled to receive such other and further relief, as this Court deems
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`just and proper.
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`65.
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`BillJCo is further informed, and on this basis alleges, that Defendants’
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`infringement of the ‘994 Patent has been and continues to be deliberate and willful, and,
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`therefore, this is an exceptional case warranting an award of enhanced damages for up to three
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`times the actual damages awarded and attorney’s fees to BillJCo pursuant to 35 U.S.C. §§ 284-
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`285. As noted above, Defendants have had knowledge of the ‘994 Patent or at least were
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`willfully blind to their infringement, as well as related patents and patent applications, and their
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`infringement thereof, and yet has deliberately continued to infringe in a wanton, malicious, and
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`egregious manner, with reckless disregard for BillJCo patent rights. Thus, Defendants’ infringing
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`actions have been and continue to be consciously wrongful.
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`Case 2:21-cv-00183 Document 1 Filed 05/25/21 Page 17 of 18 PageID #: 17
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`66.
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`Defendants’ use of the ‘994 Patent is not licensed or authorized by BillJCo in any
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`way. BillJCo has not licensed the ‘994 Patent to Defendants.
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`V.
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`DEMAND FOR JURY TRIAL
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`Pursuant to Federal Rule of Civil Procedure 38(b), BillJCo hereby demands a trial by jury
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`of any and all issues triable of right before a jury.
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`VI.
`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff BillJCo respectfully requests that the Court:
`A.
`Enter a judgment that Defendants have infringed one or more claims of the
`Patents-in-Suit;
`
`B.
`Enter a judgment awarding Plaintiff BillJCo a reasonably royalty and all other
`damages adequate to compensate it for Defendants’ infringement of the Patents-in-Suit,
`including all pre-judgment and post-judgment interest at the maximum rate permitted by law;
`
`C.
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`Declare that the Patents-in-Suit are valid and enforceable;
`
`D.
`Order Defendants to pay damages adequate to compensate BillJCo for
`Defendants’ infringement, together with interest and costs under 35 U.S.C. § 284;
`
`E.
`Order Defendants to play supplemental damages to BillJCo, including interest,
`with an accounting, as needed;
`
`F.
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`Declare this case exceptional pursuant to 35 U.S.C. § 285;
`
`G.
`Declare that Defendant’s infringement is willful and that the damages awarded to
`BillJCo should be enhanced up to three times the actual damages awarded;
`
`H.
`Award Plaintiff BillJCo its costs, disbursements, expert witness fees, and
`attorneys’ fees incurred in prosecution this action, with interest; and
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`
`
`17
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`Case 2:21-cv-00183 Document 1 Filed 05/25/21 Page 18 of 18 PageID #: 18
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`I.
`Award Plaintiff BillJCo other such and further relief, including equitable relief, as
`this Court deems just and proper.
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`
`Dated: May 25, 2021
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`
`
`Respectfully submitted,
`
`/s/ Brian R. Michalek by permission Claire
`Henry
`Brian R. Michalek (pro hac vice pending)
`Casey Grabenstein (pro hac vice pending)
`Brian Landry (pro hac vice pending)
`Erin Westbrook (pro hac vice pending)
`brian.michalek@saul.com
`casey.grabenstein@saul.com
`brian.landry@saul.com
`erin.westbrook@saul.com
`Saul Ewing Arnstein & Lehr LLP
`161 N. Clark St., Suite 4200
`Chicago, IL 60601
`Telephone: 312-876-7100
`Facsimile: 312-876-0288
`
`
`Of Counsel:
`
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`E-mail: claire@wsfirm.com
`Andrea L. Fair
`Texas State Bar No. 24078488
`E-mail: andrea@wsfirm.com
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Parkway
`Longview, Texas 75604
`(903) 757-6400 (telephone)
`(903) 757-2323 (facsimile)
`
`
`
`
`
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`
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`
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`Attorneys for Plaintiff BillJCo, LLC
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`18
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