Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 1 of 24 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. 2:16-cv-777
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`PATENT CASE
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`JURY TRIAL DEMANDED
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`UNILOC USA, INC. and
`UNILOC LUXEMBOURG, S.A.,
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`Plaintiffs,
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`v.
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`AVAYA INC.,
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs, Uniloc USA, Inc. and Uniloc Luxembourg, S.A. (together “Uniloc”), as and
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`for their First Amended Complaint against defendant, Avaya Inc. (“Avaya”), allege as follows:
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`THE PARTIES
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`1.
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`Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation having a principal place
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`of business at Legacy Town Center I, Suite 380, 7160 Dallas Parkway, Plano Texas 75024.
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`Uniloc also maintains a place of business at 102 N. College, Suite 603, Tyler, Texas 75702.
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`2.
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`Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a Luxembourg public limited
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`liability company having a principal place of business at 15, Rue Edward Steichen, 4th Floor, L-
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`2540, Luxembourg (R.C.S. Luxembourg B159161).
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`3.
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`Uniloc Luxembourg owns a number of patents in the field of text/voice instant
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`messaging.
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`4.
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`Upon information and belief, Avaya is a Delaware corporation having a principal
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`place of business at 4655 Great America Parkway, Santa Clara, California 95054 and does
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`business in Texas at 1111 Freeport Parkway, Coppell, Texas 75019 and in the judicial Eastern
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`06096768 
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` 
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`

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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 2 of 24 PageID #: 2
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`District of Texas. Avaya may be served with process through its registered agent in Texas: CT
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`Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
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`JURISDICTION AND VENUE
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`5.
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`Uniloc brings this action for patent infringement under the patent laws of the
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`United States, 35 U.S.C. § 271 et seq. This Court has subject matter jurisdiction pursuant to 28
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`U.S.C. §§ 1331, 1338(a) and 1367.
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`6.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
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`1400(b). Upon information and belief, Avaya is deemed to reside in this judicial district, has
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`committed acts of infringement in this judicial district, and/or has purposely transacted business
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`involving the accused products in this judicial district, including sales to one or more customers
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`in Texas.
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`7.
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`Avaya is subject to this Court’s jurisdiction pursuant to due process and/or the
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`Texas Long Arm Statute due at least to its substantial business in this State and judicial district,
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`including: (A) at least part of its past infringing activities, and (B) regularly doing or soliciting
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`business at 1111 Freeport Parkway, Coppell, Texas 75019 and (C) engaging in persistent
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`conduct and/or deriving substantial revenue from goods and services provided to customers in
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`Texas.
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`8.
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`9.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 7,535,890)
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`Uniloc incorporates paragraphs 1-7 above by reference.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 7,535,890
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`(“the ’890 Patent”), entitled SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
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`that issued on May 19, 2009. A true and correct copy of the ’890 Patent is attached as Exhibit A
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`hereto.
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`2
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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 3 of 24 PageID #: 3
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`10.
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`Uniloc USA is the exclusive licensee of the ’890 Patent with ownership of all
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`substantial rights therein, including the right to grant sublicenses, to exclude others, and to
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`enforce, sue and recover past damages for the infringement thereof.
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`11.
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`Upon information and belief, the following describes, at least in part, Avaya’s
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`Multimedia Messaging platform:
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`12.
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`Upon information and belief, the following describes, at least in part, the key
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`benefits of Avaya’s Multimedia Messaging platform:
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`
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`13.
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`Upon information and belief, the following describes, at least in part, how
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`Avaya’s Multimedia Messaging platform works:
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`3
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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 4 of 24 PageID #: 4
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`14.
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`Upon information and belief, the following describes, at least in part, Avaya’s
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`
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`Multimedia Messaging platform:
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`15.
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`Upon information and belief, the following is, at least in part, an overview of
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`Avaya’s Multimedia Messaging platform:
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`4
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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 5 of 24 PageID #: 5
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`16.
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`Upon information and belief, the following describes, at least in part, how
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`Avaya’s Multimedia Messaging platform works:
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`
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`17.
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`Upon information and belief, the following describes, at least in part, how
`
`Avaya’s Multimedia Messaging platform works:
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` 
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`5
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`

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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 6 of 24 PageID #: 6
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`18.
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`Upon information and belief, the following describes, at least in part, how
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`Avaya’s Multimedia Messaging platform works:
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`
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`19.
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`Upon information and belief, the following describes, at least in part, how
`
`Avaya’s Multimedia Messaging platform works:
`
`
`
`20.
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`Upon information and belief, the following describes, at least in part, how
`
`
`
`Avaya’s Multimedia Messaging platform works:
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` 
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`6
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`

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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 7 of 24 PageID #: 7
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`21.
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`Upon information and belief, the following describes, at least in part, how
`
`Avaya’s Multimedia Messaging platform works:
`
`
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`22.
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`Upon information and belief, the following describes, at least in part, Avaya’s
`
`
`
`Multimedia Messaging platform:
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` 
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`7
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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 8 of 24 PageID #: 8
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`23.
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`Upon information and belief, the following describes, at least in part, Avaya’s
`
`Multimedia Messaging platform:
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`24.
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`Upon information and belief, the following describes, at least in part, how
`
`Avaya’s Multimedia Messaging platform works:
`
`
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`25.
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`Upon information and belief, the following describes, at least in part, Avaya’s
`
`
`
`Multimedia Messaging platform:
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` 
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`8
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`

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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 9 of 24 PageID #: 9
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`
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`26.
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`Avaya has directly infringed, and continues to directly infringe one or more
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`claims of the ’890 Patent in this judicial district and elsewhere in Texas, including at least
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`Claims 1, 3-6, 9, 14, 17-20, 23, 28-29, 31-33, 37, 40-43, 46, 51-54, 57, 62-65 and 68 literally
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`and/or under the doctrine of equivalents, by or through making, using, importing, offering for
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`sale and/or selling the Multimedia Messaging platform, including for use with Avaya apps,
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`Unified Communications software such as the Avaya Aura Suites, Core, Power, Foundation,
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`Mobility Solutions, Collaboration and Communicator during the pendency of the ’890 Patent
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`which software and associated Avaya servers perform instant voice messaging over Wi-Fi and
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`the Internet between persons using cellphones and/or other devices capable of instant voice
`
`messaging wherein the instant messages are temporarily stored if an intended message recipient
`
`is unavailable and thereafter delivered once the intend recipient becomes available.
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`27.
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`In addition, should the Multimedia Messaging platform be found to not literally
`
`infringe the asserted claims of the ’890 Patent, the Multimedia Messaging platform would
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`nevertheless infringe the asserted claims of the ’890 Patent. More specifically, the Multimedia
`
`Messaging platform performs substantially the same function (instant voice messaging), in
`
`substantially the same way (via a client/server environment), to yield substantially the same
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` 
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`9
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`

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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 10 of 24 PageID #: 10
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`result (delivering voice messages to available intended recipients). Avaya would thus be liable
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`for direct infringement under the doctrine of equivalents.
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`28.
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`Avaya has indirectly infringed and continues to indirectly infringe at least Claims
`
`1, 3-6, 9, 14, 17-20, 23, 28-29, 31-33, 37, 40-43, 46, 51-54, 57, 62-65 and 68 of the ’890 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 Multimedia Messaging platform.
`
`Avaya’s customers who purchase systems and components thereof and operate such systems and
`
`components in accordance with Avaya’s instructions directly infringe one or more of the
`
`forgoing claims of the ’890 Patent in violation of 35 U.S.C. § 271. Avaya directly and indirectly
`
`instructs its customers through live and web demonstrations, training videos, brochures and
`
`administration, maintenance, installation and user guides, such as those located at the following:
`
`https://www.avaya.com/usa/documents/avaya-aura-suite-licensing-uc7218_feb2015.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`http://downloads.avaya.com/css/P8/documents/101011990
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`http://downloads.avaya.com/css/P8/documents/101004734
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`https://www.youtube.com/watch?v=_G7YhmZaWvA
`
`www.youtube.com
`
`Avaya is thereby liable for infringement of the ’890 Patent under 35 U.S.C. § 271(b).
`
`29.
`
`Avaya has indirectly infringed and continues to indirectly infringe at least Claims
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`1, 3-6, 9, 14, 17-20, 23, 28-29, 31-33, 37, 40-43, 46, 51-54, 57, 62-65 and 68 of the ’890 Patent
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` 
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`10
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`

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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 11 of 24 PageID #: 11
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`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 of its Multimedia
`
`Messaging platform, 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 ’890 Patent and not a staple
`
`article or commodity of commerce suitable for substantial non-infringing use.
`
`30.
`
`For example, the Multimedia Messaging platform that allows Avaya’s customers
`
`to instant voice message is a component of a patented machine, manufacture, or combination, or
`
`an apparatus for use in practicing a patent process. Furthermore, the Multimedia Messaging
`
`platform 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. Avaya is,
`
`therefore, liable for infringement under 35 U.S.C. § 271(c).
`
`31.
`
`Avaya will have been on notice of the ’890 Patent since, at the latest, the service
`
`of this complaint upon Avaya. By the time of trial, Avaya 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, 3-6, 9, 14, 17-20, 23, 28-29, 31-33, 37, 40-43, 46, 51-
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`54, 57, 62-65 and 68 of the ’890 Patent.
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`32.
`
`Uniloc has been damaged, reparably and irreparably, by Avaya’s infringement of
`
`the ’890 Patent and such damage will continue unless and until Avaya is enjoined.
`
`COUNT II
`(INFRINGEMENT OF U.S. PATENT NO. 8,995,433)
`
`33.
`
`Uniloc incorporates paragraphs 1-32 above by reference.
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`11
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`

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`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 12 of 24 PageID #: 12
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`34.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 8,995,433
`
`(“the ’433 Patent”), entitled SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
`
`that issued on March 31, 2015. A true and correct copy of the ’433 Patent is attached as Exhibit
`
`B hereto.
`
`35.
`
`Uniloc USA is the exclusive licensee of the ’433 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.
`
`36.
`
`Avaya has directly infringed, and continues to directly infringe one or more
`
`claims of the ’433 Patent in this judicial district and elsewhere in Texas, including at least
`
`Claims 1-5, 7-12, 14-17 and 25-26 literally and/or under the doctrine of equivalents, by or
`
`through making, using, importing, offering for sale and/or selling the Multimedia Messaging
`
`platform, including for use with Avaya apps, Unified Communications software such as the
`
`Avaya Aura Suites, Core, Power, Foundation, Mobility Solutions, Collaboration and
`
`Communicator during the pendency of the ’433 Patent which software and associated Avaya
`
`servers perform instant voice messaging over Wi-Fi and the Internet between persons using
`
`cellphones and/or other devices capable of instant voice messaging wherein the instant messages
`
`are temporarily stored if an intended message recipient is unavailable and thereafter delivered
`
`once the intend recipient becomes available.
`
`37.
`
`In addition, should the Multimedia Messaging platform be found to not literally
`
`infringe the asserted claims of the ’433 Patent, the Multimedia Messaging platform would
`
`nevertheless infringe the asserted claims of the ’433 Patent. More specifically, the Multimedia
`
`Messaging platform performs substantially the same function (instant voice messaging), in
`
`substantially the same way (via a client/server environment), to yield substantially the same
`
` 
`
`12
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`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 13 of 24 PageID #: 13
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`result (delivering voice messages to available intended recipients). Avaya would thus be liable
`
`for direct infringement under the doctrine of equivalents.
`
`38.
`
`Avaya has indirectly infringed and continues to indirectly infringe at least Claims
`
`1-5, 7-12, 14-17 and 25-26 of the ’433 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 Multimedia Messaging platform. Avaya’s customers who purchase systems and components
`
`thereof and operate such systems and components in accordance with Avaya’s instructions
`
`directly infringe one or more of the forgoing claims of the ’433 Patent in violation of 35 U.S.C. §
`
`271. Avaya directly and indirectly instructs its customers through live and web demonstrations,
`
`training videos, brochures and administration, maintenance, installation and user guides, such as
`
`those located at the following:
`
`https://www.avaya.com/usa/documents/avaya-aura-suite-licensing-uc7218_feb2015.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`http://downloads.avaya.com/css/P8/documents/101011990
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`http://downloads.avaya.com/css/P8/documents/101004734
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`https://www.youtube.com/watch?v=_G7YhmZaWvA
`
`www.youtube.com
`
`Avaya is thereby liable for infringement of the ’433 Patent under 35 U.S.C. § 271(b).
`
`39.
`
`Avaya has indirectly infringed and continues to indirectly infringe at least Claims
`
`1-5, 7-12, 14-17 and 25-26 of the ’433 Patent in this judicial district and elsewhere in the United
`
` 
`
`13
`
`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 14 of 24 PageID #: 14
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`States by, among other things, contributing to the direct infringement by others including,
`
`without limitation customers of the Multimedia Messaging platform, 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 ’433 Patent and not a staple article or commodity of commerce suitable for
`
`substantial non-infringing use.
`
`40.
`
`For example, the Multimedia Messaging platform that allows Avaya’s customers
`
`to instant voice message is a component of a patented machine, manufacture, or combination, or
`
`an apparatus for use in practicing a patent process. Furthermore, the Multimedia Messaging
`
`platform 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. Avaya is,
`
`therefore, liable for infringement under 35 U.S.C. § 271(c).
`
`41.
`
`Avaya will have been on notice of the ’433 Patent since, at the latest, the service
`
`of this complaint upon Avaya. By the time of trial, Avaya 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 1-5, 7-12, 14-17 and 25-26 of the ’433 Patent.
`
`42.
`
`Uniloc has been damaged, reparably and irreparably, by Avaya’s infringement of
`
`the ’433 Patent and such damage will continue unless and until Avaya is enjoined.
`
`COUNT III
`(INFRINGEMENT OF U.S. PATENT NO. 8,724,622)
`
`Uniloc incorporates paragraphs 1-42 above by reference.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 8,724,622
`
`
`
`43.
`
`44.
`
`(“the ’622 Patent”), entitled SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
`
` 
`
`14
`
`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 15 of 24 PageID #: 15
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`that issued on May 13, 2014. A true and correct copy of the ’622 Patent is attached as Exhibit C
`
`hereto.
`
`45.
`
`Uniloc USA is the exclusive licensee of the ’622 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.
`
`46.
`
`Avaya has directly infringed, and continues to directly infringe one or more
`
`claims of the ’622 Patent in this judicial district and elsewhere in Texas, including at least
`
`Claims 3, 6-8, 10-19 and 21-23 literally and/or under the doctrine of equivalents, by or through
`
`making, using, importing, offering for sale and/or selling the Multimedia Messaging platform,
`
`including for use with Avaya apps, Unified Communications software such as the Avaya Aura
`
`Suites, Core, Power, Foundation, Mobility Solutions, Collaboration and Communicator during
`
`the pendency of the ’622 Patent which software and associated Avaya servers perform instant
`
`voice messaging over Wi-Fi and the Internet between persons using cellphones and/or other
`
`devices capable of instant voice messaging wherein the instant messages are temporarily stored
`
`if an intended message recipient is unavailable and thereafter delivered once the intend recipient
`
`becomes available.
`
`47.
`
`In addition, should the Multimedia Messaging platform be found to not literally
`
`infringe the asserted claims of the ’622 Patent, the Multimedia Messaging platform would
`
`nevertheless infringe the asserted claims of the ’622 Patent. More specifically, the Multimedia
`
`Messaging platform performs substantially the same function (instant voice messaging), in
`
`substantially the same way (via a client/server environment), to yield substantially the same
`
`result (delivering voice messages to available intended recipients). Avaya would thus be liable
`
`for direct infringement under the doctrine of equivalents.
`
` 
`
`15
`
`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 16 of 24 PageID #: 16
`
`48.
`
`Avaya has indirectly infringed and continues to indirectly infringe at least Claims
`
`3, 6-8, 10-19 and 21-23 of the ’622 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 Multimedia Messaging platform. Avaya’s customers who purchase systems and components
`
`thereof and operate such systems and components in accordance with Avaya’s instructions
`
`directly infringe one or more of the forgoing claims of the ’622 Patent in violation of 35 U.S.C. §
`
`271. Avaya directly and indirectly instructs its customers through live and web demonstrations,
`
`training videos, brochures and administration, maintenance, installation and user guides, such as
`
`those located at the following:
`
`https://www.avaya.com/usa/documents/avaya-aura-suite-licensing-uc7218_feb2015.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`http://downloads.avaya.com/css/P8/documents/101011990
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`http://downloads.avaya.com/css/P8/documents/101004734
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`https://www.youtube.com/watch?v=_G7YhmZaWvA
`
`www.youtube.com
`
`Avaya is thereby liable for infringement of the ’622 Patent under 35 U.S.C. § 271(b).
`
`49.
`
`Avaya has indirectly infringed and continues to indirectly infringe at least Claims
`
`3, 6-8, 10-19 and 21-23 of the ’622 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 of its Multimedia Messaging platform, by making, offering to sell,
`
` 
`
`16
`
`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 17 of 24 PageID #: 17
`
`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 ’622 Patent and not a staple article or commodity of commerce suitable for
`
`substantial non-infringing use.
`
`50.
`
`For example, the Multimedia Messaging platform that allows Avaya’s customers
`
`to instant voice message is a component of a patented machine, manufacture, or combination, or
`
`an apparatus for use in practicing a patent process. Furthermore, the software module 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. Avaya is, therefore, liable
`
`for infringement under 35 U.S.C. § 271(c).
`
`51.
`
`Avaya will have been on notice of the ’622 Patent since, at the latest, the service
`
`of this complaint upon Avaya. By the time of trial, Avaya 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 3, 6-8, 10-19 and 21-23 of the ’622 Patent.
`
`52.
`
`Uniloc has been damaged, reparably and irreparably, by Avaya’s infringement of
`
`the ’622 Patent and such damage will continue unless and until Avaya is enjoined.
`
`COUNT IV
`(INFRINGEMENT OF U.S. PATENT NO. 8,243,723)
`
`Uniloc incorporates paragraphs 1-52 above by reference.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 8,243,723
`
`
`
`53.
`
`54.
`
`(“the ’723 Patent”), entitled SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
`
`that issued on August 14, 2014. A true and correct copy of the ’723 Patent is attached as Exhibit
`
`D hereto.
`
` 
`
`17
`
`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 18 of 24 PageID #: 18
`
`55.
`
`Uniloc USA is the exclusive licensee of the ’723 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.
`
`56.
`
`Avaya has directly infringed, and continues to directly infringe one or more
`
`claims of the ’723 Patent in this judicial district and elsewhere in Texas, including at least
`
`Claims 1-3 literally and/or under the doctrine of equivalents, by or through making, using,
`
`importing, offering for sale and/or selling the Multimedia Messaging platform, including for use
`
`with Avaya apps, Unified Communications software such as the Avaya Aura Suites, Core,
`
`Power, Foundation, Mobility Solutions, Collaboration and Communicator during the pendency
`
`of the ’723 Patent which software and associated Avaya servers perform instant voice messaging
`
`over Wi-Fi and the Internet between persons using cellphones and/or other devices capable of
`
`instant voice messaging wherein the instant messages are temporarily stored if an intended
`
`message recipient is unavailable and thereafter delivered once the intend recipient becomes
`
`available.
`
`57.
`
`In addition, should the Multimedia Messaging platform be found to not literally
`
`infringe the asserted claims of the ’723 Patent, the Multimedia Messaging platform would
`
`nevertheless infringe the asserted claims of the ’723 Patent. More specifically, the Multimedia
`
`Messaging platform performs substantially the same function (instant voice messaging), in
`
`substantially the same way (via a client/server environment), to yield substantially the same
`
`result (delivering voice messages to available intended recipients). Avaya would thus be liable
`
`for direct infringement under the doctrine of equivalents.
`
`58.
`
`Avaya has indirectly infringed and continues to indirectly infringe at least Claims
`
`1-3 of the ’723 Patent in this judicial district and elsewhere in the United States by, among other
`
` 
`
`18
`
`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 19 of 24 PageID #: 19
`
`things, actively inducing the using, offering for sale, selling, or importing the Multimedia
`
`Messaging platform. Avaya’s customers who purchase systems and components thereof and
`
`operate such systems and components in accordance with Avaya’s instructions directly infringe
`
`one or more of the forgoing claims of the ’723 Patent in violation of 35 U.S.C. § 271. Avaya
`
`directly and indirectly instructs its customers through live and web demonstrations, training
`
`videos, brochures and administration, maintenance, installation and user guides, such as those
`
`located at the following:
`
`https://www.avaya.com/usa/documents/avaya-aura-suite-licensing-uc7218_feb2015.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`http://downloads.avaya.com/css/P8/documents/101011990
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`http://downloads.avaya.com/css/P8/documents/101004734
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`https://www.youtube.com/watch?v=_G7YhmZaWvA
`
`www.youtube.com
`
`Avaya is thereby liable for infringement of the ’723 Patent under 35 U.S.C. § 271(b).
`
`59.
`
`Avaya has indirectly infringed and continues to indirectly infringe at least Claims
`
`1-3 of the ’723 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
`
`of the Multimedia Messaging platform, 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,
`
` 
`
`19
`
`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 20 of 24 PageID #: 20
`
`knowing the same to be especially made or especially adapted for use in infringing the ’723
`
`Patent and not a staple article or commodity of commerce suitable for substantial non-infringing
`
`use.
`
`60.
`
`For example, the Multimedia Messaging platform that allows its enterprise clients
`
`to instant voice message is a component of a patented machine, manufacture, or combination, or
`
`an apparatus for use in practicing a patent process. Furthermore, the software module 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. Avaya is, therefore, liable
`
`for infringement under 35 U.S.C. § 271(c).
`
`61.
`
`Avaya will have been on notice of the ’723 Patent since, at the latest, the service
`
`of this complaint upon Avaya. By the time of trial, Avaya 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 1-3 of the ’723 Patent.
`
`62.
`
`Uniloc has been damaged, reparably and irreparably, by Avaya’s infringement of
`
`the ’723 Patent and such damage will continue unless and until Avaya is enjoined.
`
`COUNT V
`(INFRINGEMENT OF U.S. PATENT NO. 8,199,747)
`
`Uniloc incorporates paragraphs 1-66 above by reference.
`
`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 8,199,747
`
`
`
`63.
`
`64.
`
`(“the ’747 Patent”), entitled SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
`
`that issued on June 12, 2012. A true and correct copy of the ’747 Patent is attached as Exhibit E
`
`hereto.
`
` 
`
`20
`
`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 21 of 24 PageID #: 21
`
`65.
`
`Uniloc USA is the exclusive licensee of the ’747 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.
`
`66.
`
`Avaya has directly infringed, and continues to directly infringe one or more
`
`claims of the ’747 Patent in this judicial district and elsewhere in Texas, including at least
`
`Claims 1-3 literally and/or under the doctrine of equivalents, by or through making, using,
`
`importing, offering for sale and/or selling the Multimedia Messaging platform, including for use
`
`with Avaya apps, Unified Communications software such as the Avaya Aura Suites, Core,
`
`Power, Foundation, Mobility Solutions, Collaboration and Communicator during the pendency
`
`of the ’747 Patent which software and associated Avaya servers perform instant voice messaging
`
`over Wi-Fi and the Internet between persons using cellphones and/or other devices capable of
`
`instant voice messaging wherein the instant messages are temporarily stored if an intended
`
`message recipient is unavailable and thereafter delivered once the intend recipient becomes
`
`available.
`
`67.
`
`In addition, should the Multimedia Messaging platform be found to not literally
`
`infringe the asserted claims of the ’747 Patent, the Multimedia Messaging platform would
`
`nevertheless infringe the asserted claims of the ’747 Patent. More specifically, the Multimedia
`
`Messaging platform performs substantially the same function (instant voice messaging), in
`
`substantially the same way (via a client/server environment), to yield substantially the same
`
`result (delivering voice messages to available intended recipients). Avaya would thus be liable
`
`for direct infringement under the doctrine of equivalents.
`
`68.
`
`Avaya has indirectly infringed and continues to indirectly infringe at least Claims
`
`1-3 of the ’747 Patent in this judicial district and elsewhere in the United States by, among other
`
` 
`
`21
`
`

`

`Case 2:16-cv-00777-JRG Document 1 Filed 07/15/16 Page 22 of 24 PageID #: 22
`
`things, actively inducing the using, offering for sale, selling, or importing the Multimedia
`
`Messaging platform. Avaya’s customers who purchase systems and components thereof and
`
`operate such systems and components in accordance with Avaya’s instructions directly infringe
`
`one or more of the forgoing claims of the ’747 Patent in violation of 35 U.S.C. § 271. Avaya
`
`directly and indirectly instructs its customers through live and web demonstrations, training
`
`videos, brochures and administration, maintenance, installation and user guides, such as those
`
`located at the following:
`
`https://www.avaya.com/usa/documents/avaya-aura-suite-licensing-uc7218_feb2015.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`http://downloads.avaya.com/css/P8/documents/101011990
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`http://downloads.avaya.com/css/P8/documents/101004734
`
`http://www.avaya.com/usa/documents/avaya-multimedia-messaging-uc7657.pdf
`
`https://downloads.avaya.com/css/P8/documents/100180613
`
`https://www.youtube.com/watch?v=_G7YhmZaWvA
`
`www.youtube.com
`
`Avaya is thereby liable for infringement