Case 2:21-cv-00040-JRG Document 34-1 Filed 05/18/21 Page 1 of 4 PageID #: 344
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`Exhibit 4
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`Case 2:11-cv-00242-JRG Document 64 Filed 07/18/11 Page 1 of 8 PageID #: 249Case 2:21-cv-00040-JRG Document 34-1 Filed 05/18/21 Page 2 of 4 PageID #: 345
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Plaintiff,
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`
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`v.
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`Lochner Technologies, LLC,
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`Boundless Technologies, Inc.;
`CLI, Inc.;
`Devon IT Inc.;
`DT Research, Inc.;
`IGEL Technology America, LLC;
`I-O Corporation;
`NCS Technologies, Inc.;
`Ringdale, Inc.;
`Symbio Technologies LLC;
`TeleVideo, Inc.;
`Z-Axis, Inc.; and
`10ZiG Technology Inc.,
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`
`
`
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`Defendants.
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`
`
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`Civil Action No. 2:11-cv-242-TJW
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`JURY TRIAL DEMANDED
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`AMENDED COMPLAINT
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`Plaintiff Lochner Technologies, LLC (“Lochner”) makes the following allegations
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`against defendants:
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`PARTIES
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`1.
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`Lochner is a California limited liability company with its principal place of
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`business at 719 West Front Street, Suite 173, Tyler, Texas 75702.
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`2.
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`Defendant Boundless Technologies, Inc. (“Boundless”) is a Delaware corporation
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`with a principal place of business at 1916 State Route 96, Phelps, New York 14532-9705.
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`1
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`Case 2:11-cv-00242-JRG Document 64 Filed 07/18/11 Page 5 of 8 PageID #: 253Case 2:21-cv-00040-JRG Document 34-1 Filed 05/18/21 Page 3 of 4 PageID #: 346
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`19.
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`Each defendant has been and now is jointly and indirectly infringing by way of
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`inducing infringement by others and/or contributing to the infringement by others of the ’598
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`patent in the State of Texas, in this judicial district, and elsewhere in the United States, by,
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`among other things, making, using, importing, offering for sale, and/or selling, without license or
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`authority, products for use in systems that fall within the scope of one or more claims of the ’598
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`patent. Such products include, without limitation, wireless thin clients or wireless zero clients.
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`Such products are for use in systems that infringe at least claims 1 and 12, and likely other
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`claims, of the ’598 patent. By making, using, importing, offering for sale, and/or selling such
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`products, each defendant has injured Lochner and is thus liable to Lochner for infringement of
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`the ’598 patent under 35 U.S.C. § 271. Those whom each defendant induces to infringe and/or
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`whose infringement to which each defendant contributes are the end users of the above-
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`referenced products. Each defendant had knowledge of the ’598 patent at least as early as the
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`filing of the original complaint and is thus liable for infringement of one or more claims of the
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`’598 patent by actively inducing infringement and/or is liable as a contributory infringer of one
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`or more claims of the ’598 patent under 35 U.S.C. § 271.
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`20.
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`As a result of each defendant’s infringement of the ’598 patent, Lochner has
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`suffered monetary damages to its goodwill, as well as lost profits, and the ’598 patent has
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`suffered monetary damages to its value, in an amount not yet determined, and will continue to
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`suffer damages in the future unless each defendant’s infringing activities are enjoined by this
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`Court.
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`21.
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`Unless a permanent injunction is issued enjoining each defendant and its agents,
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`servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from
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`5
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`Case 2:11-cv-00242-JRG Document 64 Filed 07/18/11 Page 7 of 8 PageID #: 255Case 2:21-cv-00040-JRG Document 34-1 Filed 05/18/21 Page 4 of 4 PageID #: 347
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`DEMAND FOR JURY TRIAL
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`Lochner demands a trial by jury on all issues so triable.
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`Dated: July 18, 2011
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`Respectfully submitted,
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`
`
`/s/ Bruce D. Kuyper
`Marc A. Fenster
`California State Bar No. 181067
`E-mail: mfenster@raklaw.com
`Bruce D. Kuyper
`California State Bar No. 144969
`Email: bkuyper@raklaw.com
`Adam Hoffman
`California State Bar No. 218740
`Email: ahoffman@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: 310-826-7474
`Facsimile: 310-826-6991
`
`William Ellsworth Davis, III
`Texas State Bar No. 24047416
`Email: bdavis@bdavisfirm.com
`THE DAVIS FIRM, PC - LONGVIEW
`111 West Tyler Street
`Longview, TX 75601
`Telephone: 903-230-9090
`Facsimile: 903-230-9661
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`Attorneys for Plaintiff,
`Lochner Technologies, LLC
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`7
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