Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 1 of 15 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC’S
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:15-cv-00225
`
`
`
`
`
`Jury Trial Requested
`
`
`
`PARTHENON UNIFIED MEMORY
`ARCHITECTURE LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`ZTE CORPORATION, ZTE USA, INC., and
`ZTE (TX) INC.,
`
`
`Defendants.
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC’S
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Case No. 2:15-cv-00225
`
`
`
`
`
`Jury Trial Requested
`
`
`
`PARTHENON UNIFIED MEMORY
`ARCHITECTURE LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`ZTE CORPORATION, ZTE USA, INC., and
`ZTE (TX) INC.,
`
`
`Defendants.
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 2 of 15 PageID #: 2
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`Plaintiff Parthenon Unified Memory Architecture LLC (“PUMA” or “Plaintiff”) hereby
`
`submits this Complaint against Defendants ZTE Corporation, ZTE USA, Inc., and ZTE (TX) Inc.
`
`(collectively “ZTE” or “Defendants”) and states as follows:
`
`THE PARTIES
`
`1.
`
`PUMA is a Texas limited liability company, having a principal place of business at
`
`2400 Dallas Parkway, Suite 200, Plano, Texas 75093.
`
`2.
`
`On information and belief, Defendant ZTE Corporation is a corporation organized
`
`and existing under the laws of the People’s Republic of China, having a principal place of business
`
`at ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan District, Shenzhen, Guangdong
`
`Province, People’s Republic of China 518057.
`
`3.
`
`On information and belief, Defendant ZTE USA, Inc. is a corporation organized
`
`and existing under the laws of New Jersey, having a principal place of business at 2425 North
`
`Central Expressway, Suite 600, Richardson, Texas 75080.
`
`4.
`
`On information and belief, Defendant ZTE (TX) Inc. is a corporation organized and
`
`existing under the laws of Texas, having a principal place of business at 2500 Dallas Parkway,
`
`Plano, Texas 75093.
`
`JURISDICTION AND VENUE
`
`5.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. §§ 101 et
`
`seq.
`
`6.
`
`Venue is proper in this federal district pursuant to 28 U.S.C. §§1391(b)–(c) and
`
`1400(b) in that Defendants have done business in this District, have committed acts of
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`1
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`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 3 of 15 PageID #: 3
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`infringement in this District, and continue to commit acts of infringement in this District, entitling
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`PUMA to relief.
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 5,812,789
`
`7.
`
`On September 22, 1998, the United States Patent and Trademark Office (“USPTO”)
`
`duly and legally issued United States Patent No. 5,812,789 (“the ’789 Patent”), entitled “Video
`
`And/Or Audio Decompression And/Or Compression Device That Shares a Memory Interface.”
`
`PUMA holds all rights, title, and interest in and to the ’789 Patent. ZTE is not licensed to the ’789
`
`Patent, yet ZTE knowingly, actively, and lucratively practices the patents.
`
`8.
`
`Upon information and belief, ZTE has infringed directly and continues to infringe
`
`directly the ’789 Patent. The infringing acts include, but are not limited to, the manufacture, use,
`
`sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
`
`the ’789 Patent. ZTE’s infringing products include, but are not limited to, at least the ZTE Radiant,
`
`ZTE Force, ZTE Max, ZTE ZMax, ZTE Engage, ZTE Vital, ZTE Concord, ZTE Awe, ZTE
`
`Supreme, ZTE Unico, ZTE Avail 2, ZTE Blade, ZTE Boost Warp, ZTE Director, ZTE Grand
`
`Memo II, ZTE Grand S, ZTE Grand X, ZTE Groove, ZTE Illustra, ZTE Imperial, ZTE Imperial
`
`II, ZTE Majesty, ZTE Merit, ZTE Midnight, ZTE Rapido, ZTE Nubia 5, ZTE Open, ZTE
`
`Overture, ZTE Prelude, ZTE Reef, ZTE Render, ZTE Orbit, ZTE Savvy, ZTE Score, ZTE Solar,
`
`ZTE Sonata 4G, ZTE Source, ZTE Valet, ZTE Warp Sequent, ZTE N919, ZTE Kis 3, and ZTE
`
`Whirl.
`
`9.
`
`The acts of infringement by ZTE have caused damage to PUMA, and PUMA is
`
`entitled to recover from ZTE the damages sustained by PUMA as a result of ZTE’s wrongful acts
`
`in an amount subject to proof at trial. The infringement of PUMA’s exclusive rights under the
`
`
`
`2
`
`
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`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 4 of 15 PageID #: 4
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`’789 Patent by ZTE has damaged and will continue to damage PUMA, causing irreparable harm,
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`10.
`
`At least as early as its receipt of this Complaint, ZTE has had knowledge of the
`
`’789 Patent and written notice of the infringement. PUMA intends to seek discovery on the issue
`
`of willfulness and reserves the right to seek a willfulness finding and increased damages under 35
`
`U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C.
`
`§ 285.
`
`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 5,960,464
`
`11.
`
`On September 28, 1999, the USPTO duly and legally issued United States Patent
`
`No. 5,960,464 (“the ’464 Patent”), entitled “Memory Sharing Architecture For A Decoding In A
`
`Computer System.” PUMA holds all rights, title, and interest in and to the ’464 Patent. ZTE is
`
`not licensed to the ’464 Patent, yet ZTE knowingly, actively, and lucratively practices the patents.
`
`12.
`
`Upon information and belief, ZTE has infringed directly and continues to infringe
`
`directly the ’464 Patent. The infringing acts include, but are not limited to, the manufacture, use,
`
`sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
`
`the ’464 Patent. ZTE’s infringing products include, but are not limited to, at least the ZTE Radiant,
`
`ZTE Force, ZTE Max, ZTE ZMax, ZTE Engage, ZTE Vital, ZTE Concord, ZTE Awe, ZTE
`
`Supreme, ZTE Unico, ZTE Avail 2, ZTE Blade, ZTE Boost Warp, ZTE Director, ZTE Grand
`
`Memo II, ZTE Grand S, ZTE Grand X, ZTE Groove, ZTE Illustra, ZTE Imperial, ZTE Imperial
`
`II, ZTE Majesty, ZTE Merit, ZTE Midnight, ZTE Rapido, ZTE Nubia 5, ZTE Open, ZTE
`
`Overture, ZTE Prelude, ZTE Reef, ZTE Render, ZTE Orbit, ZTE Savvy, ZTE Score, ZTE Solar,
`
`ZTE Sonata 4G, ZTE Source, ZTE Valet, ZTE Warp Sequent, ZTE N919, ZTE Kis 3, and ZTE
`
`Whirl.
`
`
`
`3
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`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 5 of 15 PageID #: 5
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`13.
`
`The acts of infringement by ZTE have caused damage to PUMA, and PUMA is
`
`entitled to recover from ZTE the damages sustained by PUMA as a result of ZTE’s wrongful acts
`
`in an amount subject to proof at trial. The infringement of PUMA’s exclusive rights under the
`
`’464 Patent by ZTE has damaged and will continue to damage PUMA, causing irreparable harm,
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`14.
`
`At least as early as its receipt of this Complaint, ZTE has had knowledge of the
`
`’464 Patent and written notice of the infringement. PUMA intends to seek discovery on the issue
`
`of willfulness and reserves the right to seek a willfulness finding and increased damages under 35
`
`U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C.
`
`§ 285.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 6,058,459
`
`15.
`
`On May 2, 2000, the USPTO duly and legally issued United States Patent No.
`
`6,058,459 (“the ’459 Patent”), entitled “Video/Audio Decompression/Compression Device
`
`Including An Arbiter And Method For Accessing A Shared Memory.” PUMA holds all rights,
`
`title, and interest in and to the ’459 Patent. ZTE is not licensed to the ’459 Patent, yet ZTE
`
`knowingly, actively, and lucratively practices the patents.
`
`16.
`
`Upon information and belief, ZTE has infringed directly and continues to infringe
`
`directly the ’459 Patent. The infringing acts include, but are not limited to, the manufacture, use,
`
`sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
`
`the ’459 Patent. ZTE’s infringing products include, but are not limited to, at least the ZTE Radiant,
`
`ZTE Force, ZTE Max, ZTE ZMax, ZTE Engage, ZTE Vital, ZTE Concord, ZTE Awe, ZTE
`
`Supreme, ZTE Unico, ZTE Avail 2, ZTE Blade, ZTE Boost Warp, ZTE Director, ZTE Grand
`
`Memo II, ZTE Grand S, ZTE Grand X, ZTE Groove, ZTE Illustra, ZTE Imperial, ZTE Imperial
`
`
`
`4
`
`
`
`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 6 of 15 PageID #: 6
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`II, ZTE Majesty, ZTE Merit, ZTE Midnight, ZTE Rapido, ZTE Nubia 5, ZTE Open, ZTE
`
`Overture, ZTE Prelude, ZTE Reef, ZTE Render, ZTE Orbit, ZTE Savvy, ZTE Score, ZTE Solar,
`
`ZTE Sonata 4G, ZTE Source, ZTE Valet, ZTE Warp Sequent, ZTE N919, ZTE Kis 3, and ZTE
`
`Whirl.
`
`17.
`
`The acts of infringement by ZTE have caused damage to PUMA, and PUMA is
`
`entitled to recover from ZTE the damages sustained by PUMA as a result of ZTE’s wrongful acts
`
`in an amount subject to proof at trial. The infringement of PUMA’s exclusive rights under the
`
`’459 Patent by ZTE has damaged and will continue to damage PUMA, causing irreparable harm,
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`18.
`
`At least as early as its receipt of this Complaint, ZTE has had knowledge of the
`
`’459 Patent and written notice of the infringement. PUMA intends to seek discovery on the issue
`
`of willfulness and reserves the right to seek a willfulness finding and increased damages under 35
`
`U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C.
`
`§ 285.
`
`COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 6,427,194
`
`19.
`
`On July 30, 2002, the USPTO duly and legally issued United States Patent No.
`
`6,427,194 (“the ’194 Patent”), entitled “Electronic System And Method For Display Using A
`
`Decoder And Arbiter To Selectively Allow Access To A Shared Memory.” PUMA holds all
`
`rights, title, and interest in and to the ’194 Patent. ZTE is not licensed to the ’194 Patent, yet ZTE
`
`knowingly, actively, and lucratively practices the patents.
`
`20.
`
`Upon information and belief, ZTE has infringed directly and continues to infringe
`
`directly the ’194 Patent. The infringing acts include, but are not limited to, the manufacture, use,
`
`sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
`
`
`
`5
`
`
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`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 7 of 15 PageID #: 7
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`the ’194 Patent. ZTE’s infringing products include, but are not limited to, at least the ZTE Radiant,
`
`ZTE Force, ZTE Max, ZTE ZMax, ZTE Engage, ZTE Vital, ZTE Concord, ZTE Awe, ZTE
`
`Supreme, ZTE Unico, ZTE Avail 2, ZTE Blade, ZTE Boost Warp, ZTE Director, ZTE Grand
`
`Memo II, ZTE Grand S, ZTE Grand X, ZTE Groove, ZTE Illustra, ZTE Imperial, ZTE Imperial
`
`II, ZTE Majesty, ZTE Merit, ZTE Midnight, ZTE Rapido, ZTE Nubia 5, ZTE Open, ZTE
`
`Overture, ZTE Prelude, ZTE Reef, ZTE Render, ZTE Orbit, ZTE Savvy, ZTE Score, ZTE Solar,
`
`ZTE Sonata 4G, ZTE Source, ZTE Valet, ZTE Warp Sequent, ZTE N919, ZTE Kis 3, and ZTE
`
`Whirl.
`
`21.
`
`The acts of infringement by ZTE have caused damage to PUMA, and PUMA is
`
`entitled to recover from ZTE the damages sustained by PUMA as a result of ZTE’s wrongful acts
`
`in an amount subject to proof at trial. The infringement of PUMA’s exclusive rights under the
`
`’194 Patent by ZTE has damaged and will continue to damage PUMA, causing irreparable harm,
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`22.
`
`At least as early as its receipt of this Complaint, ZTE has had knowledge of the
`
`’194 Patent and written notice of the infringement. PUMA intends to seek discovery on the issue
`
`of willfulness and reserves the right to seek a willfulness finding and increased damages under 35
`
`U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C.
`
`§ 285.
`
`COUNT V: INFRINGEMENT OF U.S. PATENT NO. 7,321,368
`
`23.
`
`On January 22, 2008, the USPTO duly and legally issued United States Patent No.
`
`7,321,368 (“the ’368 Patent”), entitled “Electronic System And Method For Display Using A
`
`Decoder And Arbiter To Selectively Allow Access To A Shared Memory.” PUMA holds all
`
`
`
`6
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`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 8 of 15 PageID #: 8
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`rights, title, and interest in and to the ’368 Patent. ZTE is not licensed to the ’368 Patent, yet ZTE
`
`knowingly, actively, and lucratively practices the patents.
`
`24.
`
`Upon information and belief, ZTE has infringed directly and continues to infringe
`
`directly the ’368 Patent. The infringing acts include, but are not limited to, the manufacture, use,
`
`sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
`
`the ’368 Patent. ZTE’s infringing products include, but are not limited to, at least the ZTE Radiant,
`
`ZTE Force, ZTE Max, ZTE ZMax, ZTE Engage, ZTE Vital, ZTE Concord, ZTE Awe, ZTE
`
`Supreme, ZTE Unico, ZTE Avail 2, ZTE Blade, ZTE Boost Warp, ZTE Director, ZTE Grand
`
`Memo II, ZTE Grand S, ZTE Grand X, ZTE Groove, ZTE Illustra, ZTE Imperial, ZTE Imperial
`
`II, ZTE Majesty, ZTE Merit, ZTE Midnight, ZTE Rapido, ZTE Nubia 5, ZTE Open, ZTE
`
`Overture, ZTE Prelude, ZTE Reef, ZTE Render, ZTE Orbit, ZTE Savvy, ZTE Score, ZTE Solar,
`
`ZTE Sonata 4G, ZTE Source, ZTE Valet, ZTE Warp Sequent, ZTE N919, ZTE Kis 3, and ZTE
`
`Whirl.
`
`25.
`
`The acts of infringement by ZTE have caused damage to PUMA, and PUMA is
`
`entitled to recover from ZTE the damages sustained by PUMA as a result of ZTE’s wrongful acts
`
`in an amount subject to proof at trial. The infringement of PUMA’s exclusive rights under the
`
`’368 Patent by ZTE has damaged and will continue to damage PUMA, causing irreparable harm,
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`26.
`
`At least as early as its receipt of this Complaint, ZTE has had knowledge of the
`
`’368 Patent and written notice of the infringement. PUMA intends to seek discovery on the issue
`
`of willfulness and reserves the right to seek a willfulness finding and increased damages under 35
`
`U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C.
`
`§ 285.
`
`
`
`7
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`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 9 of 15 PageID #: 9
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`COUNT VI: INFRINGEMENT OF U.S. PATENT NO. 7,542,045
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`27.
`
`On June 2, 2009, the USPTO duly and legally issued United States Patent No.
`
`7,542,045 (“the ’045 Patent”), entitled “Electronic System And Method For Display Using A
`
`Decoder And Arbiter To Selectively Allow Access To A Shared Memory.” PUMA holds all
`
`rights, title, and interest in and to the ’045 Patent. ZTE is not licensed to the ’045 Patent, yet ZTE
`
`knowingly, actively, and lucratively practices the patents.
`
`28.
`
`Upon information and belief, ZTE has infringed directly and continues to infringe
`
`directly the ’045 Patent. The infringing acts include, but are not limited to, the manufacture, use,
`
`sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
`
`the ’045 Patent. ZTE’s infringing products include, but are not limited to, at least the ZTE Radiant,
`
`ZTE Force, ZTE Max, ZTE ZMax, ZTE Engage, ZTE Vital, ZTE Concord, ZTE Awe, ZTE
`
`Supreme, ZTE Unico, ZTE Avail 2, ZTE Blade, ZTE Boost Warp, ZTE Director, ZTE Grand
`
`Memo II, ZTE Grand S, ZTE Grand X, ZTE Groove, ZTE Illustra, ZTE Imperial, ZTE Imperial
`
`II, ZTE Majesty, ZTE Merit, ZTE Midnight, ZTE Rapido, ZTE Nubia 5, ZTE Open, ZTE
`
`Overture, ZTE Prelude, ZTE Reef, ZTE Render, ZTE Orbit, ZTE Savvy, ZTE Score, ZTE Solar,
`
`ZTE Sonata 4G, ZTE Source, ZTE Valet, ZTE Warp Sequent, ZTE N919, ZTE Kis 3, and ZTE
`
`Whirl.
`
`29.
`
`The acts of infringement by ZTE have caused damage to PUMA, and PUMA is
`
`entitled to recover from ZTE the damages sustained by PUMA as a result of ZTE’s wrongful acts
`
`in an amount subject to proof at trial. The infringement of PUMA’s exclusive rights under the
`
`’045 Patent by ZTE has damaged and will continue to damage PUMA, causing irreparable harm,
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`
`
`8
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`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 10 of 15 PageID #: 10
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`30.
`
`At least as early as its receipt of this Complaint, ZTE has had knowledge of the
`
`’045 Patent and written notice of the infringement. PUMA intends to seek discovery on the issue
`
`of willfulness and reserves the right to seek a willfulness finding and increased damages under 35
`
`U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C.
`
`§ 285.
`
`COUNT VII: INFRINGEMENT OF U.S. PATENT NO. 7,777,753
`
`31.
`
`On August 17, 2010, the USPTO duly and legally issued United States Patent No.
`
`7,777,753 (“the ’753 Patent”), entitled “Electronic System And Method For Selectively Allowing
`
`Access To A Shared Memory.” PUMA holds all rights, title, and interest in and to the ’753 Patent.
`
`ZTE is not licensed to the ’753 Patent, yet ZTE knowingly, actively, and lucratively practices the
`
`patents.
`
`32.
`
`Upon information and belief, ZTE has infringed directly and continues to infringe
`
`directly the ’753 Patent. The infringing acts include, but are not limited to, the manufacture, use,
`
`sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
`
`the ’753 Patent. ZTE’s infringing products include, but are not limited to, at least the ZTE Radiant,
`
`ZTE Force, ZTE Max, ZTE ZMax, ZTE Engage, ZTE Vital, ZTE Concord, ZTE Awe, ZTE
`
`Supreme, ZTE Unico, ZTE Avail 2, ZTE Blade, ZTE Boost Warp, ZTE Director, ZTE Grand
`
`Memo II, ZTE Grand S, ZTE Grand X, ZTE Groove, ZTE Illustra, ZTE Imperial, ZTE Imperial
`
`II, ZTE Majesty, ZTE Merit, ZTE Midnight, ZTE Rapido, ZTE Nubia 5, ZTE Open, ZTE
`
`Overture, ZTE Prelude, ZTE Reef, ZTE Render, ZTE Orbit, ZTE Savvy, ZTE Score, ZTE Solar,
`
`ZTE Sonata 4G, ZTE Source, ZTE Valet, ZTE Warp Sequent, ZTE N919, ZTE Kis 3, and ZTE
`
`Whirl.
`
`
`
`9
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`
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`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 11 of 15 PageID #: 11
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`33.
`
`The acts of infringement by ZTE have caused damage to PUMA, and PUMA is
`
`entitled to recover from ZTE the damages sustained by PUMA as a result of ZTE’s wrongful acts
`
`in an amount subject to proof at trial. The infringement of PUMA’s exclusive rights under the
`
`’753 Patent by ZTE has damaged and will continue to damage PUMA, causing irreparable harm,
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`34.
`
`At least as early as its receipt of this Complaint, ZTE has had knowledge of the
`
`’753 Patent and written notice of the infringement. PUMA intends to seek discovery on the issue
`
`of willfulness and reserves the right to seek a willfulness finding and increased damages under 35
`
`U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C.
`
`§ 285.
`
`COUNT VIII: INFRINGEMENT OF U.S. PATENT NO. 8,054,315
`
`35.
`
`On November 8, 2011, the USPTO duly and legally issued United States Patent
`
`No. 8,054,315 (“the ’315 Patent”), entitled “Electronic System And Method For Selectively
`
`Allowing Access To A Shared Memory.” PUMA holds all rights, title, and interest in and to the
`
`’315 Patent. ZTE is not licensed to the ’315 Patent, yet ZTE knowingly, actively, and lucratively
`
`practices the patents.
`
`36.
`
`Upon information and belief, ZTE has infringed directly and continues to infringe
`
`directly the ’315 Patent. The infringing acts include, but are not limited to, the manufacture, use,
`
`sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
`
`the ’315 Patent. ZTE’s infringing products include, but are not limited to, at least the ZTE Radiant,
`
`ZTE Force, ZTE Max, ZTE ZMax, ZTE Engage, ZTE Vital, ZTE Concord, ZTE Awe, ZTE
`
`Supreme, ZTE Unico, ZTE Avail 2, ZTE Blade, ZTE Boost Warp, ZTE Director, ZTE Grand
`
`Memo II, ZTE Grand S, ZTE Grand X, ZTE Groove, ZTE Illustra, ZTE Imperial, ZTE Imperial
`
`
`
`10
`
`
`
`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 12 of 15 PageID #: 12
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`II, ZTE Majesty, ZTE Merit, ZTE Midnight, ZTE Rapido, ZTE Nubia 5, ZTE Open, ZTE
`
`Overture, ZTE Prelude, ZTE Reef, ZTE Render, ZTE Orbit, ZTE Savvy, ZTE Score, ZTE Solar,
`
`ZTE Sonata 4G, ZTE Source, ZTE Valet, ZTE Warp Sequent, ZTE N919, ZTE Kis 3, and ZTE
`
`Whirl.
`
`37.
`
`The acts of infringement by ZTE have caused damage to PUMA, and PUMA is
`
`entitled to recover from ZTE the damages sustained by PUMA as a result of ZTE’s wrongful acts
`
`in an amount subject to proof at trial. The infringement of PUMA’s exclusive rights under the
`
`’315 Patent by ZTE has damaged and will continue to damage PUMA, causing irreparable harm,
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`38.
`
`At least as early as its receipt of this Complaint, ZTE has had knowledge of the
`
`’315 Patent and written notice of the infringement. PUMA intends to seek discovery on the issue
`
`of willfulness and reserves the right to seek a willfulness finding and increased damages under 35
`
`U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C.
`
`§ 285.
`
`COUNT IX: INFRINGEMENT OF U.S. PATENT NO. 8,681,164
`
`39.
`
`On March 25, 2014, the USPTO duly and legally issued United States Patent No.
`
`8,681,164 (“the ’164 Patent”), entitled “Electronic System And Method For Selectively Allowing
`
`Access To A Shared Memory.” PUMA holds all rights, title, and interest in and to the ’164 Patent.
`
`ZTE is not licensed to the ’164 Patent, yet ZTE knowingly, actively, and lucratively practices the
`
`patents.
`
`40.
`
`Upon information and belief, ZTE has infringed directly and continues to infringe
`
`directly the ’164 Patent. The infringing acts include, but are not limited to, the manufacture, use,
`
`sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
`
`
`
`11
`
`
`
`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 13 of 15 PageID #: 13
`
`the ’164 Patent. ZTE’s infringing products include, but are not limited to, at least the ZTE Radiant,
`
`ZTE Force, ZTE Max, ZTE ZMax, ZTE Engage, ZTE Vital, ZTE Concord, ZTE Awe, ZTE
`
`Supreme, ZTE Unico, ZTE Avail 2, ZTE Blade, ZTE Boost Warp, ZTE Director, ZTE Grand
`
`Memo II, ZTE Grand S, ZTE Grand X, ZTE Groove, ZTE Illustra, ZTE Imperial, ZTE Imperial
`
`II, ZTE Majesty, ZTE Merit, ZTE Midnight, ZTE Rapido, ZTE Nubia 5, ZTE Open, ZTE
`
`Overture, ZTE Prelude, ZTE Reef, ZTE Render, ZTE Orbit, ZTE Savvy, ZTE Score, ZTE Solar,
`
`ZTE Sonata 4G, ZTE Source, ZTE Valet, ZTE Warp Sequent, ZTE N919, ZTE Kis 3, and ZTE
`
`Whirl.
`
`41.
`
`The acts of infringement by ZTE have caused damage to PUMA, and PUMA is
`
`entitled to recover from ZTE the damages sustained by PUMA as a result of ZTE’s wrongful acts
`
`in an amount subject to proof at trial. The infringement of PUMA’s exclusive rights under the
`
`’164 Patent by ZTE has damaged and will continue to damage PUMA, causing irreparable harm,
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`42.
`
`At least as early as its receipt of this Complaint, ZTE has had knowledge of the
`
`’164 Patent and written notice of the infringement. PUMA intends to seek discovery on the issue
`
`of willfulness and reserves the right to seek a willfulness finding and increased damages under 35
`
`U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C.
`
`§ 285.
`
`
`
`JURY DEMAND
`
`43.
`
`PUMA hereby demands a trial by jury on all issues.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, PUMA requests entry of judgment in its favor and against ZTE as follows:
`
`12
`
`
`
`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 14 of 15 PageID #: 14
`
`a. A declaration that ZTE has infringed and is infringing the ’789, ’464, ’459, ’194, ’368,
`
`’045, ’753, ’315, and ’164 Patents;
`
`b. An Order permanently enjoining ZTE, its officers, agents, employees, and those acting
`
`in privity with it, from further direct and/or indirect infringement of the ’789, ’464,
`
`’459, ’194, ’368, ’045, ’753, ’315, and ’164 Patents;
`
`c. An award of damages to PUMA arising out of ZTE’s infringement of the ’789, ’464,
`
`’459, ’194, ’368, ’045, ’753, ’315, and ’164 Patents, including enhanced damages
`
`pursuant to 35 U.S.C. § 284, together with prejudgment and post-judgment interest, in
`
`an amount according to proof;
`
`d. An award of attorneys’ fees pursuant to 35 U.S.C. § 285 or as otherwise permitted by
`
`law; and,
`
`e. Granting PUMA its costs and further relief as the Court may deem just and proper.
`
`13
`
`
`
`
`
`
`
`Case 2:15-cv-00225-JRG-RSP Document 1 Filed 02/17/15 Page 15 of 15 PageID #: 15
`
`Dated: February 17, 2015
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Demetrios Anaipakos
`Demetrios Anaipakos
`Texas Bar No. 00793258
`danaipakos@azalaw.com
`Amir Alavi
`Texas Bar No. 00793239
`aalavi@azalaw.com
`Michael McBride
`Texas Bar No. 24065700
`mmcbride@azalaw.com
`Alisa A. Lipski
`Texas Bar No. 24141345
`alipski@azalaw.com
`Justin Chen
`Texas Bar No. 24074204
`jchen@azalaw.com
`AHMAD, ZAVITSANOS, ANAIPAKOS,
`ALAVI & MENSING P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
`
`T. John Ward, Jr.
`Texas Bar No. 00794818
`jw@wsfirm.com
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`Longview, TX 75606-1231
`Telephone: 909-757-6400
`Facsimile: 909-757-2323
`
`ATTORNEYS FOR PLAINTIFF
`PARTHENON UNIFIED MEMORY
`ARCHITECTURE LLC
`
`
`
`
`14
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