Case 2:18-cv-00092-JRG Document 1 Filed 03/22/18 Page 1 of 5 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. 2:18-cv-0092
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`PATENT CASE
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`JURY TRIAL DEMANDED
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` §
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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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`AMAZON.COM, INC.,
`Defendant.
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`§
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs, Uniloc USA, Inc. and Uniloc Luxembourg, S.A. (together “Uniloc”), as and for
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`their complaint against defendant, Amazon.com, Inc. (“Amazon”) 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. Uniloc
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`also maintains a place of business at 102 N. College, Suite 303, 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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`On information and belief, Amazon.com, Inc. is a Delaware corporation with its
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`principal office at 410 Terry Avenue North, Seattle, WA 98109. Amazon can be served through
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`its registered agent, Corporation Service Company, 2711 Centerville Rd., Wilmington, DE 19808.
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`Amazon.com is the parent company of Amazon Web Services, Inc. and the primary operator and
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`controller of the www.amazon.com commerce website. Amazon offers its products and/or
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`Case 2:18-cv-00092-JRG Document 1 Filed 03/22/18 Page 2 of 5 PageID #: 2
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`services, including those accused herein of infringement, to customers and potential customers
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`located in Texas and in the judicial Eastern District of Texas. As non-limiting examples, Amazon
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`distributes the accused products through its distribution facilities in Denton County, TX. Among
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`other business, Amazon is in the business of manufacturing and selling electronic goods sold in
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`this judicial District.
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`JURISDICTION
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`4.
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`Uniloc brings this action for patent infringement under the patent laws of the United
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`States, 35 U.S.C. § 271 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
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`5.
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`6.
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`7.
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`8.
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`This Court has personal jurisdiction over Amazon.
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`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,622,018)
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`Uniloc incorporates by reference the preceding paragraphs.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 6,622,018 (“the
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`’018 Patent”), entitled PORTABLE DEVICE CONTROL CONSOLE WITH WIRELESS
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`CONNECTION that issued on September 16, 2003. A true and correct copy of the ’018 Patent is
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`attached as Exhibit A hereto.
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`9.
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`Uniloc USA is the exclusive licensee of the ’018 Patent with ownership of all
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`substantial rights therein, including the right to grant sublicenses, to exclude others, and to enforce,
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`sue and recover past damages for the infringement thereof.
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`10.
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`Amazon manufactures, uses, sells, offers for sale and/or imports into the United
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`States a system that controls devices over a wireless connection. Amazon has a Fire TV Remote
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`App that controls the Fire TV remote devices and an Alexa App that controls remote devices such
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`as Amazon Echo and Amazon dot (together “Accused Infringing Devices”).
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`11.
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`Amazon’s apps discover the remote device devices (e.g., Fire TV remote device,
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`Amazon Echo and Amazon dot) through a broadcast message.
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`12.
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`Amazon’s remote devices responds, and a manifested touch interface of the app
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`allows control of the remote device, for example.
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`13.
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`Amazon has directly infringed, and continues to directly infringe, one or more claims
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`of the ’018 Patent in the United States during the pendency of the ’018 Patent, including at least
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`claim 1, literally and/or under the doctrine of equivalents, by or through making, using, offering for
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`sale, selling and/or importing the Accused Infringing Devices.
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`14.
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`Should use of the Accused Infringing Devices be found to not literally infringe
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`the’018 Patent, use of the Accused Infringing Devices would nevertheless infringe the asserted
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`claims of the ’018 Patent. More specifically, the Accused Infringing Devices perform substantially
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`the same function (a first device remotely controlling a second device over a wireless connection),
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`in substantially the same way (using wireless commands to cause the second device to perform a
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`selected function), to yield substantially the same result (performance of a function by the second
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`device that cannot be performed on the first device). Amazon would thus be liable for direct infringement
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`under the doctrine of equivalents.
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`15.
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`Amazon has indirectly infringed, and continues to indirectly infringe at least claim 1
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`of the ’018 Patent in the United States by, among other things, actively inducing the using, offering
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`for sale, selling and/or importing the Accused Infringing Devices having the functionality described
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`in this Count. Amazon’s customers who use such devices in accordance with Amazon’s instructions
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`directly at least claim 1 of the ’018 Patent in violation of 35 U.S.C. § 271. Amazon directly and/or
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`indirectly intentionally instructs its customers to infringe through training videos, demonstrations,
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`brochures, installation and/or user guides such as those located at one or more of the following:
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`•
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`https://play.google.com/store/apps/details?id=com.amazon.dee.app&hl=en
`https://itunes.apple.com/us/app/amazon-alexa/id944011620?mt=8
`https://www.amazon.com/dp/B00P03D4D2
`https://play.google.com/store/apps/details?id=com.amazon.storm.lightning.client.ao
`sp&hl=en
`https://itunes.apple.com/us/app/amazon-fire-tv-remote/id947984433?mt=8
`https://www.amazon.com/gp/help/customer/display.html?nodeId=201640980
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`Amazon is thereby liable for infringement of the ’018 Patent under 35 U.S.C. § 271(b).
`Amazon has indirectly infringed, and continues to indirectly infringe at least claim 1
`16.
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`•
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`of the ’018 Patent in this judicial district and elsewhere in the United States by, among other things,
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`contributing to the direct infringement by others including, without limitation customers using the
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`Accused Infringing Devices, by making, offering to sell, selling and/or importing into the United
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`States, a component of a patented machine, manufacture or combination, or an apparatus for use in
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`practicing a patented process, constituting a material part of the invention, knowing the same to be
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`especially made or especially adapted for use in infringing the ’018 Patent and not a staple article
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`or commodity of commerce suitable for substantial non-infringing use.
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`17.
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`Amazon will have been on notice of the ’018 Patent since, at the latest, the service
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`of this complaint upon Amazon. By the time of trial, Amazon will have known and intended (since
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`receiving such notice) that its continued actions would actively induce the infringement of at least
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`claim 1 of the ’018 Patent.
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`18.
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`Amazon may have infringed the ’018 Patent through other devices and software
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`utilizing the same or reasonably similar functionality. Uniloc reserves the right to discover and
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`pursue all such additional infringing software and devices.
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`19.
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`Uniloc has been damaged by Amazon’s infringement of the ’018 Patent.
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against Amazon as follows:
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`(A)
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`(B)
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`Patent;
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`(C)
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`(D)
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`declaring that Amazon has infringed the ’018 Patent;
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`awarding Uniloc its damages suffered as a result of Amazon’s infringement of the
`’018
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`awarding Uniloc its costs, attorneys’ fees, expenses and interest, and
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`granting Uniloc such further relief as the Court may deem just and 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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`Respectfully submitted,
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`By: /s/ James L. Etheridge
`James L. Etheridge
`Texas Bar No. 24059147
`Ryan S. Loveless
`Texas Bar No. 24036997
`Brett A. Mangrum
`Texas Bar No. 24065671
`Travis L. Richins
`Texas Bar No. 24061296
`Jeff Huang
`Etheridge Law Group, PLLC
`2600 E. Southlake Blvd., Suite 120 / 324
`Southlake, TX 76092
`Tel.: (817) 470-7249
`Fax: (817) 887-5950
`Jim@EtheridgeLaw.com
`Ryan@EtheridgeLaw.com
`Brett@EtheridgeLaw.com
`Travis@EtheridgeLaw.com
`Jeff@EtheridgeLaw.com
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`ATTORNEYS FOR PLAINTIFFS UNILOC USA,
`INC. AND UNILOC LUXEMBOURG SA
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`5
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`Dated: March 22, 2018
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