Case 2:16-cv-00781 Document 1 Filed 07/15/16 Page 1 of 8 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`UNILOC USA, INC. and
`UNILOC LUXEMBOURG, S.A.,
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`v.
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`UBISOFT, INC.,
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`Plaintiffs,
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`
`Defendant.
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`Civil Action No. 2:16-cv-781
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`PATENT CASE
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`JURY TRIAL DEMANDED
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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
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`for their complaint against defendant, Ubisoft, Inc. (“Ubisoft”), 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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`Upon information and belief, Ubisoft is a California corporation having a
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`principal place of business in San Francisco, California and offering its products, including those
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`accused herein of infringement, to customers and/or potential customers located in Texas and in
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`the judicial Eastern District of Texas. Ubisoft may be served with process through its registered
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`agent: Stephen Smith, 1900 Avenue of the Stars, 21st Floor, Los Angeles, California 90067.
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`06096768
`
`IPR2017-01828
`Ubisoft EX1006 Page 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`UNILOC USA, INC. and
`UNILOC LUXEMBOURG, S.A.,
`
`
`
`
`
`
`v.
`
`UBISOFT, INC.,
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`Defendant.
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Civil Action No. 2:16-cv-781
`
`PATENT CASE
`
`
`JURY TRIAL DEMANDED
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs, Uniloc USA, Inc. and Uniloc Luxembourg, S.A. (together “Uniloc”), as and
`
`for their complaint against defendant, Ubisoft, Inc. (“Ubisoft”), 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.
`
`Upon information and belief, Ubisoft is a California corporation having a
`
`principal place of business in San Francisco, California and offering 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. Ubisoft may be served with process through its registered
`
`agent: Stephen Smith, 1900 Avenue of the Stars, 21st Floor, Los Angeles, California 90067.
`
`06096768
`
`IPR2017-01828
`Ubisoft EX1006 Page 1
`
`
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`Case 2:16-cv-00781 Document 1 Filed 07/15/16 Page 2 of 8 PageID #: 2
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`JURISDICTION AND VENUE
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`4.
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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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`5.
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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, Ubisoft 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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`6.
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`Ubisoft 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, (B) regularly doing or soliciting
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`business in Texas and/or (C) engaging in persistent conduct and/or deriving substantial revenue
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`from goods and services provided to customers in Texas.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,489,974)
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`Uniloc incorporates paragraphs 1-6 above by reference.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 6,489,974
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`
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`7.
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`8.
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`(“the ’974 Patent”), entitled BUOY ICON NOTIFICATION OF OBJECT INTERFACE
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`ACCESSIBILITY IN MULTITASKING COMPUTER ENVIRONMENT that issued on
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`December 3, 2002. A true and correct copy of the ’974 Patent is attached as Exhibit A hereto.
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`9.
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`Uniloc USA is the exclusive licensee of the ’974 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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`2
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`IPR2017-01828
`Ubisoft EX1006 Page 2
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`Case 2:16-cv-00781 Document 1 Filed 07/15/16 Page 3 of 8 PageID #: 3
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`10.
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`Upon information and belief, the following illustrates, at least in part, how
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`Ubisoft’s Uplay software platform works:
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`11.
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`Upon information and belief, the following illustrates, at least in part, how
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`Ubisoft’s Uplay software platform works:
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`3
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`IPR2017-01828
`Ubisoft EX1006 Page 3
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`Case 2:16-cv-00781 Document 1 Filed 07/15/16 Page 4 of 8 PageID #: 4
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`12.
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`Upon information and belief, the following illustrates, at least in part, how
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`Ubisoft’s Uplay software platform works:
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`
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`13.
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`Upon information and belief, the following illustrates, at least in part, how
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`Ubisoft’s Uplay software platform works:
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`4
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`IPR2017-01828
`Ubisoft EX1006 Page 4
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`Case 2:16-cv-00781 Document 1 Filed 07/15/16 Page 5 of 8 PageID #: 5
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`14.
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`Upon information and belief, the following illustrates, at least in part, how
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`Ubisoft’s Uplay software platform works:
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`5
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`IPR2017-01828
`Ubisoft EX1006 Page 5
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`Case 2:16-cv-00781 Document 1 Filed 07/15/16 Page 6 of 8 PageID #: 6
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`15. Ubisoft has directly infringed, and continues to directly infringe one or more
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`claims of the ’974 Patent in this judicial district and elsewhere in Texas, including at least
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`Claims 1, 2, 4, 8, 12, 13, 15 and 19 literally and/or under the doctrine of equivalents, by or
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`through making, using, importing, offering for sale and/or selling its Uplay software platform
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`during the pendency of the ’974 Patent, which software platform inter alia practices a method,
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`and is a system, implemented on a multitasking computer that comprises first and second
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`objects, providing notification of a status of said first object on said computer, comprising the
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`steps of and/or a means for: providing a representation of the first object on a user interface of
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`the computer, with the representation supporting user interaction with the first object; executing
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`the first object; while the first object is executing, enabling the second object to support user
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`interaction with the second object; while the second object is enabled to support user
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`interaction, determining when the first object ceases executing; and providing a notification on
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`the user interface when the first object ceases executing by suddenly displaying a notification
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`icon on the user interface while maintaining the representation of the first object, said
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`notification being in a location that is separate from the representation of the first object.
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`16.
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`In addition, should Ubisoft’s Uplay software platform be found to not literally
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`infringe the asserted claims of the ‘974 Patent, Ubisoft’s accused system would nevertheless
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`infringe the asserted claims of the ’974 Patent. More specifically, the accused Uplay software
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`platform performs substantially the same function (providing notification of an idle status of an
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`executing object on a multitasking computer), in substantially the same way (by suddenly
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`6
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`IPR2017-01828
`Ubisoft EX1006 Page 6
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`Case 2:16-cv-00781 Document 1 Filed 07/15/16 Page 7 of 8 PageID #: 7
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`displaying a notification in a location separate from the representation of the first object), to
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`yield substantially the same result (alerting the user that a first object is now accessible while a
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`second object is enabled to support user interaction). Ubisoft would thus be liable for direct
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`infringement under the doctrine of equivalents.
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`17.
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`Ubisoft may have infringed the ’974 Patent through other software utilizing the
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`same or reasonably similar functionality, including other versions of its Uplay software platform.
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`Uniloc reserves the right to discover and pursue all such additional infringing software.
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`18.
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`Uniloc has been damaged, reparably and irreparably, by Ubisoft’s infringement of
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`the ’974 Patent and such damage will continue unless and until Ubisoft is enjoined.
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against Ubisoft as follows:
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`(A)
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`(B)
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`that Ubisoft has infringed the ’974 Patent;
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`awarding Uniloc its damages suffered as a result of Ubisoft’s infringement of the
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`‘974 Patent pursuant to 35 U.S.C. § 284;
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`
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`(C)
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`enjoining Ubisoft, 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 ’974 Patent pursuant to 35 U.S.C. § 283;
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`(D)
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`(E)
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`proper.
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`awarding Uniloc its costs, attorneys’ fees, expenses and interest, and
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`granting Uniloc such other and further relief as the Court may deem just and
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`7
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`IPR2017-01828
`Ubisoft EX1006 Page 7
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`Case 2:16-cv-00781 Document 1 Filed 07/15/16 Page 8 of 8 PageID #: 8
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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: _July 15, 2016
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`Respectfully submitted,
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` /s/ Craig Tadlock
`Craig Tadlock
`Texas State Bar No. 00791766
`Keith Smiley
`Texas State Bar No. 24067869
`TADLOCK LAW FIRM PLLC
`2701 Dallas Parkway, Suite 360
`Plano, TX 75093
`Tel: (903) 730-6789
`Email: craig@tadlocklawfirm.com
`Email: keith@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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`
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`
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`ATTORNEYS FOR THE PLAINTIFFS
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`8
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`IPR2017-01828
`Ubisoft EX1006 Page 8
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