IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ANU IP, LLC § § § § § § § § § Plaintiff, v. PATRIOT MEMORY, LLC Defendant CIVIL ACTION NO. _________ JURY TRIAL DEMANDED PLAINTIFF’S ORIGINAL COMPLAINT Plaintiff Anu IP LLC respectfully files this Original Complaint for patent infringement against Defendant Patriot Memory LLC. PARTIES 1. Plaintiff Anu IP LLC (“Anu”) is a limited liability company organized under the laws of the State of Texas, with its principal place of business at 3301 W. Marshall Ave., Suite 303, Longview, Texas 75601. 2. Defendant Patriot Memory LLC (“Patriot”) is a limited liability company organized under the law of Delaware with a principal place of business at 47027 Benicia Street, Fremont, California 94538. 3. Defendant may be served with process at its principal place of business. JURISDICTION AND VENUE 4. This is an action for patent infringement under the Patent Laws of the United States, 35 U.S.C. § 271, et seq.     1 5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 6. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400(b). FACTS 7. Plaintiff is a Marshall, Texas-based company that owns U.S. Patent No. 6,979,210 (“the ’210 patent”). The ‘210 patent is attached as Exhibit A. 8. The ‘210 patent relates to memory storage devices that contain retractable USB (universal serial bus) connectors. 9. The ‘210 patent is valid and enforceable. 10. Defendant manufactures, imports, sells, and offers for sale products that infringe the ‘210 patent, including but not limited to the XPorter Dash 8GB. 11. Defendant has engaged in acts of direct infringement in this judicial district. CAUSE OF ACTION A. Infringement of the ‘210 Patent 12. Plaintiff incorporates the foregoing paragraphs as if fully set forth here. 13. Defendant has been, and is now, directly infringing the ‘210 patent in the State of Texas, in this judicial district, and elsewhere within the United States by, among other things, selling, offering for sale, or importing products and services covered by one or more claims of the ‘210 patent, all to the injury of Plaintiff. 14. Defendant’s acts of infringement have been willful, deliberate, and in reckless disregard of Plaintiff’s patent rights, and will continue unless permanently enjoined by this Court.     2 15. Plaintiff has been damaged by Defendant’s infringement of the ‘210 patent in an amount to be determined at trial, and has suffered and will continue to suffer irreparable loss and injury unless Defendant is permanently enjoined from infringing the ‘210 patent. PRAYER FOR RELIEF WHEREFORE, Plaintiff Anu IP LLC respectfully prays for the following relief against Defendant Patriot Memory LLC. A. A judgment in favor of Plaintiff that Defendant has infringed the ‘210 patent; B. A permanent injunction, enjoining Defendant, along with its officers, directors, agents, servants, employees, affiliates, divisions, branches, subsidiaries, and parents from infringing, inducing the infringement of, or contributing to the infringement of the ‘210 patent; C. A judgment and order requiring Defendant to pay Plaintiff damages for its infringement of the ‘210 patent, together with interest (both pre- and post-judgment), costs and disbursements as fixed by this Court under 35 U.S.C. § 284; D. A judgment and order finding Defendant’s infringement willful and awarding treble the amount of damages and losses sustained by Plaintiff as a result of Defendant’s infringement under 35 U.S.C. § 284; E. A judgment and order finding that this is an exceptional case within the meaning of 35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees; and F. Such other and further relief in law or in equity to which Plaintiff may be justly entitled. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of any and all issues triable of right before a jury.     3 Respectfully submitted, /s/ Andrew W. Spangler Andrew W. Spangler SPANGLER & FUSSELL P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 (903) 753-9300 (903) 553-0403 (facsimile) spangler@sfipfirm.com James A. Fussell III SPANGLER & FUSSELL P.C. 211 N. Union St., Ste. 100 Alexandria, Virginia 22314 (903) 753-9300 (903) 553-0403 (facsimile) fussell@sfipfirm.com Demetrios Anaipakos AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING, P.C. danaipakos@azalaw.com Fed. I.D. No. 20323 State Bar No. 00793258 Amir Alavi aalavi@azalaw.com Fed. I.D. No. 00919 State Bar No. 00793239 Steven J. Mitby smitby@azalaw.com Fed. I.D. No. 33591 State Bar No. 24037123 1221 McKinney Street, Suite 3460 Houston, Texas 77010 Telephone: 713-655-1101 Facsimile: 713-655-0062 ATTORNEYS FOR PLAINTIFF     4