`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§ Case No. 2:16-cv-00741-JRG
`§
`
`LEAD CASE
`§
`JURY TRIAL DEMANDED
`§
`§ Case No. 2:16-cv-00863-JRG
`
`
`
`UNILOC USA, INC., et al,
`
`Plaintiffs,
`
`
`v.
`
`
`
`ADP, LLC,
`ZENDESK, INC.,
`
`Defendants.
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs, Uniloc USA, Inc. and Uniloc Luxembourg, S.A. (together “Uniloc”), as and
`
`
`
`
`for their first amended complaint against defendant, Zendesk, Inc. (“Zendesk”), allege as
`
`follows:
`
`THE PARTIES
`
`1.
`
`Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation having a principal place
`
`of business at Legacy Town Center I, Suite 380, 7160 Dallas Parkway, Plano Texas 75024.
`
`Uniloc also maintains a place of business at 102 N. College, Suite 603, Tyler, Texas 75702.
`
`2.
`
`Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a Luxembourg public limited
`
`liability company having a principal place of business at 15, Rue Edward Steichen, 4th Floor, L-
`
`2540, Luxembourg (R.C.S. Luxembourg B159161).
`
`3.
`
`Uniloc Luxembourg owns a number of patents in the field of application
`
`management in a computer network.
`
`4.
`
`Upon information and belief, Zendesk is a Delaware corporation having a
`
`principal place of business in San Francisco, California 94103 and offers its products, including
`
`those accused herein of infringement, to customers and/or potential customers located in Texas
`
`and in the judicial Eastern District of Texas. Zendesk may be served with process through its
`
`06096768
`
`
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 2 of 24 PageID #: 374
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`registered agent for service of process: RL&F Service Corp., 920 N. King, Floor 2, Wilmington,
`
`Delaware 19801.
`
`JURISDICTION AND VENUE
`
`5.
`
`Uniloc brings this action for patent infringement under the patent laws of the
`
`United States, 35 U.S.C. § 271 et seq. This Court has subject matter jurisdiction pursuant to 28
`
`U.S.C. §§ 1331, 1338(a) and 1367.
`
`6.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
`
`1400(b). Upon information and belief, Zendesk is deemed to reside in this judicial district, has
`
`committed acts of infringement in this judicial district, and/or has purposely transacted business
`
`involving the accused products in this judicial district, including sales to one or more customers
`
`in Texas.
`
`7.
`
`Zendesk is subject to this Court’s jurisdiction pursuant to due process and/or the
`
`Texas Long Arm Statute due at least to its substantial business in this State and judicial district,
`
`including: (A) at least part of its past infringing activities, (B) regularly doing or soliciting
`
`business in Texas including attending conferences and SXSW and/or (C) engaging in persistent
`
`conduct and/or deriving substantial revenue from goods and services provided to customers in
`
`Texas such as the Texas Digital Library, the Texas Education Agency, the Texas Health and
`
`Human Services System, the Mercedes Texas School District, the Texas Alcoholic Beverage
`
`Commission, the Dallas County Community College District, and Favor Delivery.
`
`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,510,466)
`
`Uniloc incorporates paragraphs 1-7 above by reference.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 6,510,466
`
`
`
`8.
`
`9.
`
`(“the ’466 Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM
`
`
`
`2
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 3 of 24 PageID #: 375
`
`PRODUCTS FOR CENTRALIZED MANAGEMENT OF APPLICATION PROGRAMS ON A
`
`NETWORK that issued on January 21, 2003. A true and correct copy of the ’466 Patent is
`
`attached as Exhibit A hereto.
`
`10.
`
`Uniloc USA is the exclusive licensee of the ’466 Patent with ownership of all
`
`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
`
`enforce, sue and recover past damages for the infringement thereof.
`
`11.
`
`Upon information and belief, the following describes, at least in part, the Zendesk
`
`web-browser based service and mobile application based service and its ability to offer multiple
`
`applications across different categories, like CRM, e-commerce, time tracking, issue tracking,
`
`agent productivity, social media, etc.:
`
`12.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`
`
`
`
`3
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 4 of 24 PageID #: 376
`
`13.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`
`
`
`
`
`
`14.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`15.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`
`
`
`
`4
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 5 of 24 PageID #: 377
`
`16.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`
`
`17.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`
`
`
`
`5
`
`
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 6 of 24 PageID #: 378
`
`18.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`19.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`
`
`20.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`
`
`
`
`6
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 7 of 24 PageID #: 379
`
`21.
`
`Upon information the following describes, at least in part, the Zendesk web-
`
`browser based service and mobile application based service:
`
`
`
`22.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`
`
`23.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`7
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 8 of 24 PageID #: 380
`
`24.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`25.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`
`
`8
`
`
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 9 of 24 PageID #: 381
`
`26.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`27.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`28.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`
`
`9
`
`
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 10 of 24 PageID #: 382
`
`29.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`30.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`31.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`
`
`10
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 11 of 24 PageID #: 383
`
`32.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`33.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`
`
`11
`
`
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 12 of 24 PageID #: 384
`
`34.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`35.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`
`
`12
`
`
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 13 of 24 PageID #: 385
`
`36.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`37.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`38.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`
`
`
`
`13
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 14 of 24 PageID #: 386
`
`39.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`40.
`
`Upon information and belief, the following describes, at least in part, how
`
`Zendesk software distribution and management system works:
`
`
`
`
`
`41.
`
`Zendesk has directly infringed, and continues to directly infringe one or more
`
`claims of the ’466 Patent in this judicial district and elsewhere in Texas, including at least
`
`Claims 1-5, 7-9, 13, 15-20, 22-24, 28-33, 35-37, and 41-42 literally by or through making, using,
`
`importing, offering for sale and/or selling its web-browser based service and mobile application
`
`based service and associated backend server architecture during the pendency of the ’466 Patent
`
`which software and associated backend server architecture inter alia allows for installing
`
`
`
`14
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 15 of 24 PageID #: 387
`
`application programs on a server, receiving a login request, establishing a user desktop interface,
`
`receiving a selection of one of the programs displayed in the user desktop interface and
`
`providing an instance of the selected program for execution.
`
`42.
`
`In addition, should the Zendesk software distribution and management system be
`
`found to not literally infringe the asserted claims of the ’466 Patent, the product would
`
`nevertheless infringe the asserted claims of the ’466 Patent. More specifically, the accused
`
`Zendesk web-browser based service and mobile application based service and associated
`
`backend server architecture performs substantially the same function (selection of an application
`
`program), in substantially the same way (via an established user desktop interface), to yield
`
`substantially the same result (providing the program for execution). Zendesk would thus be
`
`liable for direct infringement under the doctrine of equivalents.
`
`43.
`
`Zendesk has indirectly infringed and continues to indirectly infringe at least
`
`claims 1-5, 7-9, 13, 15-20, 22-24, 28-33, 35-37, and 41-42 of the ’466 Patent in this judicial
`
`district and elsewhere in the United States by, among other things, actively inducing the using,
`
`offering for sale, selling, or importing its web-browser based service and mobile application
`
`based service and associated backend server architecture. Zendesk’s customers who use the
`
`Zendesk web-browser based service and mobile application based service and associated
`
`backend server architecture in accordance with Zendesk’s instructions directly infringe one or
`
`more of the forgoing claims of the ’466 Patent in violation of 35 U.S.C. § 271. Zendesk directly
`
`and/or indirectly instructs its customers through training videos, demonstrations, brochures,
`
`installation and/or user guides, such as those located at the following:
`
`•
`
`•
`
`www.zendesk.com
`
`www.support.zendesk.com
`
`
`
`15
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 16 of 24 PageID #: 388
`
`•
`
`www.youtube.com
`
`Zendesk is thereby liable for infringement of the ’466 Patent under 35 U.S.C. § 271(b).
`
`44.
`
`Zendesk has indirectly infringed and continues to indirectly infringe at least
`
`claims 1-5, 7-9, 13, 15-20, 22-24, 28-33, 35-37, and 41-42 of the ’466 Patent in this judicial
`
`district and elsewhere in the United States by, among other things, contributing to the direct
`
`infringement by others including, without limitation customers using the Zendesk web-browser
`
`based service and mobile application based service and associated backend server architecture,
`
`by making, offering to sell, selling and/or importing into the United States, a component of a
`
`patented machine, manufacture or combination, or an apparatus for use in practicing a patented
`
`process, constituting a material part of the invention, knowing the same to be especially made or
`
`especially adapted for use in infringing the ’466 Patent and not a staple article or commodity of
`
`commerce suitable for substantial non-infringing use.
`
`45.
`
`For example, the Zendesk web-browser based service and mobile application
`
`based service and associated backend server architecture is a component of a patented machine,
`
`manufacture, or combination, or an apparatus for use in practicing a patent process.
`
`Furthermore, the Zendesk web-browser based service and mobile application based service and
`
`associated backend server architecture is a material part of the claimed inventions and upon
`
`information and belief is not a staple article or commodity of commerce suitable for substantial
`
`non-infringing use. Zendesk is, therefore, liable for infringement under 35 U.S.C. § 271(c).
`
`46.
`
`Zendesk will have been on notice of the ’466 Patent since, at the latest, the service
`
`of the original complaint upon Zendesk. By the time of trial, Zendesk will have known and
`
`intended (since receiving such notice) that its continued actions would actively induce, and
`
`
`
`16
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 17 of 24 PageID #: 389
`
`contribute to, the infringement of one or more of claims 1-5, 7-9, 13, 15-20, 22-24, 28-33, 35-37,
`
`and 41-42 of the ’466 Patent.
`
`47.
`
`Zendesk may have infringed the ’466 Patent through other software utilizing the
`
`same or reasonably similar functionality, including other versions of the Zendesk web-browser
`
`based service and mobile application based service and associated backend server architecture.
`
`Uniloc reserves the right to discover and pursue all such additional infringing software.
`
`48.
`
`Uniloc has been damaged, reparably and irreparably, by Zendesk’s infringement
`
`of the ’466 Patent and such damage will continue unless and until Zendesk is enjoined.
`
`COUNT II
`(INFRINGEMENT OF U.S. PATENT NO. 6,324,578)
`
`Uniloc incorporates paragraphs 1-48 above by reference.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 6,324,578
`
`
`
`49.
`
`50.
`
`(“the ’578 Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM
`
`PRODUCTS FOR MANAGEMENT OF CONFIGURABLE APPLICATION PROGRAMS ON
`
`A NETWORK that issued on November 27, 2001. A true and correct copy of the ’578 Patent is
`
`attached as Exhibit B hereto.
`
`51.
`
`Uniloc USA is the exclusive licensee of the ’578 Patent with ownership of all
`
`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
`
`enforce, sue and recover past damages for the infringement thereof.
`
`52.
`
`Zendesk has directly infringed, and continues to directly infringe one or more
`
`claims of the ’578 Patent in this judicial district and elsewhere in Texas, including at least claims
`
`1-8, 10-11, 13-39, and 41-46 literally and/or under the doctrine of equivalents, by or through
`
`making, using, importing, offering for sale and/or selling its web-browser based service and
`
`mobile application based service and associated backend server architecture during the pendency
`
`
`
`17
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 18 of 24 PageID #: 390
`
`of the ’578 Patent which software and associated backend server architecture inter alia allows
`
`for installing an application program having a plurality of configurable preferences and
`
`authorized users on a server coupled to a network, distributing an application launcher program
`
`to a client, obtaining a user set of the configurable preferences, obtaining an administrator set of
`
`the configurable preferences and executing the application program using the user and
`
`administrator sets of configurable preferences responsive to a request from a user.
`
`53.
`
`In addition, should the Zendesk software distribution and management system be
`
`found to not literally infringe the asserted claims of the ’578 Patent, the product would
`
`nevertheless infringe the asserted claims of the ’578 Patent. More specifically, the accused
`
`Zendesk web-browser based service and mobile application based service and associated
`
`backend server architecture performs substantially the same function (obtaining user and
`
`administrator sets of configurable preferences), in substantially the same way (via a user and
`
`administrator), to yield substantially the same result (executing the application program using the
`
`configurable preferences in response to a request from a user on a network). Zendesk would thus
`
`be liable for direct infringement under the doctrine of equivalents.
`
`54.
`
`Zendesk has indirectly infringed and continues to indirectly infringe at least
`
`claims 1-8, 10-11, 13-39, and 41-46 of the ’578 Patent in this judicial district and elsewhere in
`
`the United States by, among other things, actively inducing the using, offering for sale, selling,
`
`or importing the Zendesk web-browser based service and mobile application based service and
`
`associated backend server architecture. Zendesk’s customers who use the Zendesk web-browser
`
`based service and mobile application based service and associated backend server architecture in
`
`accordance with Zendesk’s instructions directly infringe one or more of the forgoing claims of
`
`the ’578 Patent in violation of 35 U.S.C. § 271. Zendesk directly and/or indirectly instructs its
`
`
`
`18
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 19 of 24 PageID #: 391
`
`customers through training videos, demonstrations, brochures, installation and/or user guides,
`
`such as those located at the following:
`
`•
`
`•
`
`•
`
`www.zendesk.com
`
`www.support.zendesk.com
`
`www.youtube.com
`
`Zendesk is thereby liable for infringement of the ’578 Patent under 35 U.S.C. § 271(b).
`
`55.
`
`Zendesk has indirectly infringed and continues to indirectly infringe at least
`
`claims 1-8, 10-11, 13-39, and 41-46 of the ’578 Patent in this judicial district and elsewhere in
`
`the United States by, among other things, contributing to the direct infringement by others
`
`including, without limitation customers using the Zendesk web-browser based service and
`
`mobile application based service and associated backend server architecture, by making, offering
`
`to sell, selling and/or importing into the United States, a component of a patented machine,
`
`manufacture or combination, or an apparatus for use in practicing a patented process,
`
`constituting a material part of the invention, knowing the same to be especially made or
`
`especially adapted for use in infringing the ’578 Patent and not a staple article or commodity of
`
`commerce suitable for substantial non-infringing use.
`
`56.
`
`For example, the Zendesk web-browser based service and mobile application
`
`based service and associated backend server architecture is a component of a patented machine,
`
`manufacture, or combination, or an apparatus for use in practicing a patent process.
`
`Furthermore, Zendesk web-browser based service and mobile application based service and
`
`associated backend server architecture is a material part of the claimed inventions and upon
`
`information and belief is not a staple article or commodity of commerce suitable for substantial
`
`non-infringing use. Zendesk is, therefore, liable for infringement under 35 U.S.C. § 271(c).
`
`
`
`19
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 20 of 24 PageID #: 392
`
`57.
`
`Zendesk will have been on notice of the ’578 Patent since, at the latest, the service
`
`of the original complaint upon Zendesk. By the time of trial, Zendesk will have known and
`
`intended (since receiving such notice) that its continued actions would actively induce, and
`
`contribute to, the infringement of one or more of claims 1-8, 10-11, 13-39, and 41-46 of the ’578
`
`Patent.
`
`58.
`
`Zendesk may have infringed the ’578 Patent through other software utilizing the
`
`same or reasonably similar functionality, including other versions of the Zendesk web-browser
`
`based service and mobile application based service and associated backend server architecture.
`
`Uniloc reserves the right to discover and pursue all such additional infringing software.
`
`59.
`
`Uniloc has been damaged, reparably and irreparably, by Zendesk’s infringement
`
`of the ’578 Patent and such damage will continue unless and until Zendesk is enjoined.
`
`COUNT III
` (INFRINGEMENT OF U.S. PATENT NO. 7,069,293)
`
`Uniloc incorporates paragraphs 1-59 above by reference.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 7,069,293
`
`
`
`60.
`
`61.
`
`(“the ’293 Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM
`
`PRODUCTS FOR DISTRIBUTION OF APPLICATION PROGRAMS TO A TARGET
`
`STATION ON A NETWORK that issued on June 27, 2006. A true and correct copy of the ’293
`
`Patent is attached as Exhibit C hereto.
`
`62.
`
`Uniloc USA is the exclusive licensee of the ’293 Patent with ownership of all
`
`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
`
`enforce, sue and recover past damages for the infringement thereof.
`
`63.
`
`Zendesk has directly infringed, and continues to directly infringe one or more
`
`claims of the ’293 Patent in this judicial district and elsewhere in Texas, including at least claims
`
`
`
`20
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 21 of 24 PageID #: 393
`
`1, 12 and 17 literally and/or under the doctrine of equivalents, by or through making, using,
`
`importing, offering for sale and/or selling its Zendesk web-browser based service and mobile
`
`application based service and associated backend server architecture during the pendency of the
`
`’293 Patent which software and associated backend server architecture inter alia allow for
`
`providing an application program for distribution to a network server, specifying source and
`
`target directories for the program to be distributed, preparing a file packet associated with the
`
`program including a segment configured to initiate registration operations for the application
`
`program at the target on-demand server and distributing the file packet to the target on-demand
`
`server to make the program available for use by a client user.
`
`64.
`
`In addition, should the Zendesk software distribution and management system be
`
`found to not literally infringe the asserted claims of the ’293 Patent, the product would
`
`nevertheless infringe the asserted claims of the ’293 Patent. More specifically, the accused
`
`Zendesk web-browser based service and mobile application based service and associated
`
`backend server architecture performs substantially the same function (distributing an application
`
`program to a target on-demand server on a network), in substantially the same way (via initiation
`
`registration of operations for the application program at the target on-demand server to target on-
`
`demand users), to yield substantially the same result (making the application program available
`
`for use by a user at a client). Zendesk would thus be liable for direct infringement under the
`
`doctrine of equivalents.
`
`65.
`
`Zendesk has indirectly infringed and continues to indirectly infringe at least
`
`claims 1, 12 and 17 of the ’293 Patent in this judicial district and elsewhere in the United States
`
`by, among other things, actively inducing the using, offering for sale, selling, or importing the
`
`Zendesk web-browser based service and mobile application based service and associated
`
`
`
`21
`
`
`
`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 22 of 24 PageID #: 394
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`backend server architecture. Zendesk’s customers who use the Zendesk web-browser based
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`service and mobile application based service and associated backend server architecture in
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`accordance with Zendesk’s instructions directly infringe one or more of the forgoing claims of
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`the ’293 Patent in violation of 35 U.S.C. § 271. Zendesk directly and/or indirectly instructs its
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`customers through training videos, demonstrations, brochures, installation and/or user guides,
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`such as those located at the following:
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`•
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`•
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`•
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`www.zendesk.com
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`www.support.zendesk.com
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`www.youtube.com
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`Zendesk is thereby liable for infringement of the ’293 Patent under 35 U.S.C. § 271(b).
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`66.
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`Zendesk has indirectly infringed and continues to indirectly infringe at least
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`claims 1, 12 and 17 of the ’293 Patent in this judicial district and elsewhere in the United States
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`by, among other things, contributing to the direct infringement by others including, without
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`limitation customers using the Zendesk web-browser based service and mobile application based
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`service and associated backend server architecture, by making, offering to sell, selling and/or
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`importing into the United States, a component of a patented machine, manufacture or
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`combination, or an apparatus for use in practicing a patented process, constituting a material part
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`of the invention, knowing the same to be especially made or especially adapted for use in
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`infringing the ’293 Patent and not a staple article or commodity of commerce suitable for
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`substantial non-infringing use.
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`67.
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`For example, the Zendesk web-browser based service and mobile application
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`based service and associated backend server architecture is a component of a patented machine,
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`manufacture, or combination, or an apparatus for use in practicing a patent process.
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`22
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`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 23 of 24 PageID #: 395
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`Furthermore, the Zendesk web-browser based service and mobile application based service and
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`associated backend server architecture is a material part of the claimed inventions and upon
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`information and belief is not a staple article or commodity of commerce suitable for substantial
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`non-infringing use. Zendesk is, therefore, liable for infringement under 35 U.S.C. § 271(c).
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`68.
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`Zendesk will have been on notice of the ’293 Patent since, at the latest, the service
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`of the original complaint upon Zendesk. By the time of trial, Zendesk will have known and
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`intended (since receiving such notice) that its continued actions would actively induce, and
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`contribute to, the infringement of one or more of claims 1, 12 and 17 of the ’293 Patent.
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`69.
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`Zendesk may have infringed the ‘293 Patent through other software utilizing the
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`same or reasonably similar functionality, including other versions of the Zendesk web-browser
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`based service and mobile application based service. Uniloc reserves the right to discover and
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`pursue all such additional infringing software.
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`70.
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`Uniloc has been damaged, reparably and irreparably, by Zendesk’s infringement
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`of the ’293 Patent and such damage will continue unless and until Zendesk is enjoined.
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against Zendesk as follows:
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`(A)
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`(B)
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`that Zendesk has infringed the ’466 Patent, the ’578 Patent, and the ’293 Patent;
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`awarding Uniloc its damages suffered as a result of Zendesk’s infringement of the
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`’466 Patent, the ’578 Patent, and the ’293 Patent pursuant to 35 U.S.C. § 284;
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`(C)
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`enjoining Zendesk, its officers, directors, agents, servants, affiliates, employees,
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`divisions, branches, subsidiaries and parents, and all others acting in concert or privity with it
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`from infringing the ’466 Patent, the ’578 Patent, and the ’293 Patent pursuant to 35 U.S.C. § 283;
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`(D)
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`awarding Uniloc its costs, attorneys’ fees, expenses and interest, and
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`Case 2:16-cv-00741-RWS Document 49 Filed 10/19/16 Page 24 of 24 PageID #: 396
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`(E)
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`granting Uniloc such other and further relief as the Court may deem just and
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`proper.
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`DEMAND FOR JURY TRIAL
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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: October 19, 2016
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`Respectfully submitted,
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` /s/ Craig Tadlock
`Craig Tadlock
`Texas State Bar No. 00791766
`TADLOCK LAW FIRM PLLC
`2701 Dallas Parkway, Suite 360
`Plano, TX 75093
`Tel: (903) 730-6789
`Email: craig@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
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`ATTORNEYS FOR THE PLAINTIFFS
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that all counsel of record who are deemed to have
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`consented to electronic service are being served with a copy of this document via the Court’s
`CM/ECF system per Local Rule CV-5(a)(3) on October 19, 2016.
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`/s/ Kevin Gannon
`Kevin Gannon
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`24
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