Case 2:12-cv-00346-JRG-RSP Document 1 Filed 06/14/12 Page 1 of 5 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
`CIVIL ACTION NO.
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`
`
`
`
`
`v.
`
`CBS Corporation,
`
`
`Defendant.
`
`T-REX PROPERTY AB,
`
`Plaintiff,
`
`
`
`
`
`
`Plaintiff T-Rex Property AB (hereinafter, “T-Rex” or “Plaintiff”) by and through its
`
`undersigned counsel, files this Original Complaint against Defendant CBS Corporation
`
`(hereinafter, “CBS” or “Defendant”) as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a patent infringement action to stop Defendant’s infringement of
`
`Plaintiff’s United States Patent No. RE39,470 (hereinafter, the “‘470 patent”), entitled “Digital
`
`Information System.” A copy of the ‘470 patent is attached hereto as Exhibit A. T-Rex Property
`
`AB is the assignee of the ‘470 patent. Plaintiff seeks injunctive relief and monetary damages.
`
`PARTIES
`
`2. Plaintiff T-Rex is a limited liability company organized and existing under the laws of
`
`Sweden with its principal place of business at Vårvägen 6, 18273 Stocksund, Sweden. T-
`
`Rex is the assignee of all title and interest of the ‘470 patent. Plaintiff possesses the entire
`
`right to sue for infringement and recover past damages. 
`
` IPR2016-01869 Ex. 1012
`Broadsign International, LLC Petitioner
` 1
`
`

`
`Case 2:12-cv-00346-JRG-RSP Document 1 Filed 06/14/12 Page 2 of 5 PageID #: 2
`
`3. Upon information and belief, Defendant CBS is a corporation organized and existing under
`
`the laws of the State of Delaware, with its principal place of business located at 51 W. 52nd
`
`Street, New York, NY, 10019.
`
`JURISDICTION AND VENUE
`
`4.
`
`This action arises under the Patent Laws of the United States, 35 U.S.C. § 1 et
`
`seq., including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter
`
`jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
`
`5.
`
`The Court has personal jurisdiction over the Defendant because the Defendant has
`
`minimum contacts within the State of Texas, and the Eastern District of Texas; the Defendant
`
`has purposefully availed itself of the privileges of conducting business in the State of Texas and
`
`in the Eastern District of Texas; the Defendant has sought protection and benefit from the laws
`
`of the State of Texas; the Defendant regularly conducts business within the State of Texas and
`
`within the Eastern District of Texas; and, Plaintiff’s cause of action arises directly from
`
`Defendant’s business contacts and other activities in the State of Texas and in the Eastern
`
`District of Texas.
`
`6.
`
`More specifically, the Defendant, directly and/or through intermediaries, ships,
`
`distributes, offers for sale, sells, and/or advertises its products and services in the United States,
`
`the State of Texas, and the Eastern District of Texas. Upon information and belief, the
`
`Defendant has committed patent infringement in the State of Texas and in the Eastern District of
`
`Texas, has contributed to patent infringement in the State of Texas and in the Eastern District of
`
`Texas and/or has induced others to commit patent infringement in the State of Texas and in the
`
`Eastern District of Texas. The Defendant solicits customers in the State of Texas and in the
`
`Eastern District of Texas. The Defendant has many paying customers who are residents of the
`
` 
`
`2
`
` 2
`
`

`
`Case 2:12-cv-00346-JRG-RSP Document 1 Filed 06/14/12 Page 3 of 5 PageID #: 3
`
`State of Texas and the Eastern District of Texas and who each use the Defendant’s products and
`
`services in the State of Texas and in the Eastern District of Texas.
`
`7.
`
`Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. §§ 1391
`
`and 1400(b).
`
`COUNT I – PATENT INFRINGEMENT
`
`8.
`
`United States Patent No. RE39,470, entitled “Digital Information System” was
`
`duly and legally issued by the United States Patent and Trademark Office on January 16, 2007
`
`after full and fair examination. Plaintiff is the assignee of all rights, title, and interest in and to
`
`the ‘470 patent and possesses all rights of recovery under the ‘470 patent including the right to
`
`sue for infringement and recover past damages.
`
`9.
`
`Upon information and belief, CBS has infringed and continues to infringe one or
`
`more claims of the ‘470 patent by making, using, providing, offering to sell, and selling (directly
`
`or through intermediaries), in this district and elsewhere in the United States, digital display
`
`boards that operate on a digital information system which is dynamically controlled in real time
`
`and includes an external information mediator, such as the LED signs and digital billboards
`
`utilized by CBS Outdoor, a subsidiary.
`
`10.
`
`Upon information and belief, CBS has also contributed to the infringement of one
`
`or more claims of the ‘470 patent and/or actively induced others to infringe one or more claims
`
`of the ‘470 patent, in this district and elsewhere in the United States.
`
`11.
`
`CBS’s aforesaid activities have been without authority and/or license from
`
`Plaintiffs.
`
`12.
`
`Plaintiff is entitled to recover from the Defendant the damages sustained by
`
`Plaintiff as a result of Defendants’ wrongful acts in an amount subject to proof at trial, which, by
`
` 
`
`3
`
` 3
`
`

`
`Case 2:12-cv-00346-JRG-RSP Document 1 Filed 06/14/12 Page 4 of 5 PageID #: 4
`
`law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this
`
`Court under 3 U.S.C. § 284.
`
`13.
`
`Defendants’ infringement of Plaintiff’s exclusive rights under the ‘470 patent will
`
`continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at
`
`law, unless enjoined by this Court.
`
`JURY DEMAND
`
`14.
`
`Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of
`
`Civil Procedure.
`
`PRAYER FOR RELIEF
`
`15.
`
`Plaintiff respectfully requests that the Court find in its favor and against
`
`
`
`Defendants, and that the Court grant Plaintiff the following relief:
`
`A.
`
`An adjudication that one or more claims of the ‘470 patent has
`
`been infringed, either literally and/or under the doctrine of
`
`equivalents, by
`
`the Defendant and/or by others
`
`to whose
`
`infringement Defendant has contributed and/or by others whose
`
`infringement has been induced by Defendant;
`
`B.
`
`An award to Plaintiff of damages adequate to compensate Plaintiff
`
`for the Defendant’s acts of infringement together with pre-
`
`judgment and post-judgment interest;
`
`C.
`
`A grant of permanent injunction pursuant to 35 U.S.C. § 283,
`
`enjoining the Defendant from further acts of (1) infringement, (2)
`
`contributory infringement, and (3) actively inducing infringement
`
`with respect to the claims of the ‘470 patent;
`
` 
`
`4
`
` 4
`
`

`
`Case 2:12-cv-00346-JRG-RSP Document 1 Filed 06/14/12 Page 5 of 5 PageID #: 5
`
`D.
`
`That this Court declare this to be an exceptional case and award
`
`Plaintiff reasonable attorneys’ fees and costs in accordance with 35
`
`U.S.C. § 285; and
`
`E.
`
`Any further relief that this Court deem just and proper.
`
`Dated: June 14, 2012
`
`
`
` Respectfully submitted,
`
`By: /s/ Melissa R. Smith
`Melissa R. Smith
`Texas Bar No. 24001351
`Gillam & Smith, LLP
`303 S. Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`Of Counsel:
`
`Jacqueline Knapp Burt
`GA Bar No. 425322
`HENINGER GARRISON DAVIS, LLC
`3350 Riverwood Parkway, Suite 1900
`Atlanta, GA 30339-3372
`Tel: (404) 996-0861
`
`Fax: (205) 547-5502
`Email: jknapp@hgdlawfirm.com
`
`Dara T. Jeffries
`GA Bar No. 916167
`HENINGER GARRISON DAVIS, LLC
`3350 Riverwood Parkway, Suite 1900
`Atlanta, GA 30339-3372
`Tel: (404) 996-0861
`
`Fax: (205) 547-5502
`Email: djeffries@hgdlawfirm.com
`
`5
`
`
`
`
`
`
`
`
`
`
`
` 
`
` 5