Digital Reg of Texas, LLC v. Adobe Systems Incorporated et al

Filing 1

COMPLAINT against AVG Technologies USA, Inc., Adobe Systems Incorporated, Electronic Arts, Inc., Symantec Corporation, UbiSoft Entertainment, Inc., Valve Corporation, Zynga Game Network Inc., Zynga, Inc. ( Filing fee $ 350 receipt number 0540-3078865.), filed by Digital Reg of Texas, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet)(Albritton, Eric)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
§
§
§
Plaintiff,
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§
V.
§
§
ADOBE SYSTEMS INCORPORATED,
§
VALVE CORPORATION,
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ELECTRONIC ARTS, INC.,
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UBISOFT ENTERTAINMENT, INC.,
§
SYMANTEC CORPORATION,
INTUIT INC., AVG TECHNOLOGIES USA, §
INC., ZYNGA GAME NETWORK INC., and §
§
ZYNGA, INC.
§
§
Defendants.
DIGITAL REG OF TEXAS, LLC,

CIVIL ACTION NO. 6:11-CV-305

JURY TRIAL DEMANDED

PLAINTIFF’S ORIGINAL COMPLAINT
Plaintiff Digital Reg of Texas, LLC, (“Plaintiff” or “Digital”), by and through its
attorneys, for its Complaint against Adobe Systems Incorporated (“Adobe”), Valve Corporation
(“Valve”), Electronic Arts, Inc. (“EA”), UbiSoft Entertainment, Inc. (“UbiSoft”), Symantec
Corporation (“Symantec”), Intuit Inc. (“Intuit”), AVG Technologies USA, Inc. (“AVG”), Zynga
Game Network Inc. and Zynga, Inc. (Zynga Game Network Inc. and Zynga, Inc., collectively,
are hereinafter referred to as “Zynga”) (collectively, “Defendants”), and demanding trial by jury,
hereby alleges as follows:
I. NATURE OF THE ACTION
1.

This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages resulting from
Defendants’ unauthorized use, sale, and offer to sell in the United States of products, methods,

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processes, services and/or systems that infringe one or more claims of United States Patent No.
6,389,541, issued on May 14, 2002, for “Regulating Access to Digital Content” naming Patrick
E. Patterson as inventor (the “’541 Patent”), a true and correct copy of which is attached hereto
as Exhibit 1; United States Patent No. 6,751,670, issued on June 15, 2004, for “Tracking
Electronic Component” naming Patrick E. Patterson as inventor (the “’670 Patent”), a true and
correct copy of which is attached hereto as Exhibit 2; United States Patent No. 7,127,515, issued
on October 24, 2006, for “Delivering Electronic Content” naming Patrick E. Patterson as
inventor (the “’515 Patent”), a true and correct copy of which is attached hereto as Exhibit 3;
United States Patent No. 7,272,655, issued September 18, 2007, for “Delivering Electronic
Content” naming Patrick E. Patterson as inventor (the “’655 Patent”), a true and correct copy of
which is attached hereto as Exhibit 4; United States Patent No. 7,421,741, issued September 2,
2008, for “Securing Digital Content System and Method” naming Eugene B. Phillips and Seth
Ornstein as inventors (the “’741 Patent”), a true and correct copy of which is attached hereto as
Exhibit 5; United States Patent No. 7,562,150, issued July 14, 2009, for “Delivering Electronic
Content” naming Patrick E. Patterson as inventor (the “’150 Patent”), a true and correct copy of
which is attached hereto as Exhibit 6; and United States Patent No. 7,673,059, issued March 2,
2010, for “Tracking Electronic Content” naming Patrick E. Patterson as inventor (the “’059
Patent”), a true and correct copy of which is attached hereto as Exhibit 7. Collectively, the ‘541
Patent, the ’670 Patent, the ‘515 Patent, the ‘655 Patent, the ‘741 Patent, the ‘150 Patent and the
‘059 Patent are referenced herein as the “Patents-in-Suit.”

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II. PARTIES
2.

Digital is a limited liability corporation organized and existing under the laws of

the State of Texas and headquartered at 104 East Houston Street, Suite 165, Marshall, Texas
75670.
3.

On information and belief, Adobe is a corporation organized and existing under

the laws of Delaware, with a principal place of business in San Jose, California. Adobe may be
served with process by serving Karen Cottle, 345 Park Ave, Mailstop A15-TAX, San Jose,
California 95110.
4.

On information and belief, Valve is a corporation organized and existing under

the laws of Washington, with a principal place of business in Bellvue, Washington. Valve may
be served with process by serving Corpserve Inc., 1001 4th Ave, Suite 4500, Seattle, Washington
98154.
5.

On information and belief, EA is a corporation organized and existing under the

laws of Delaware, with a principal place of business in Redwood City, California. EA may be
served with process by serving National Corporate Research, Ltd., 800 Brazos, Suite 400,
Austin, Texas 78701.
6.

On information and belief, UbiSoft is a corporation organized and existing under

the laws of California, with a principal place of business in San Francisco, California. UbiSoft
may be served with process by serving Stephen Smith, 1900 Avenue of the Stars, 21st Floor, Los
Angeles, California 90067.

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7.

On information and belief, Symantec is a corporation organized and existing

under the laws of Delaware, with a principal place of business in Cupertino, California.
Symantec may be served with process by serving CSC-Lawyers Incorporating Service, 2730
Gateway Oaks Drive, Suite 100, Sacramento, California 95833.
8.

On information and belief, Intuit is a corporation organized and existing under the

laws of Delaware, with a principal place of business in Mountain View, California. Intuit may
be served with process by serving CSC-Lawyers Incorporating Service, 2730 Gateway Oaks
Drive, Suite 100, Sacramento, California 95833.
9.

On information and belief, AVG is a corporation organized and existing under the

laws of Delaware, with a principal place of business in Chelmsford, Massachusetts. AVG may
be served with process by serving Corporation Service Company, 84 State Street, Boston,
Massachusetts 02109.
10.

On information and belief, Zynga Game Network Inc. is a corporation organized

and existing under the laws of Delaware, with a principal place of business in San Francisco,
California. Zynga Game Network Inc. may be served with process by serving Corporation
Service Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7th Street, Suite
620, Austin, TX 78701-3218.
11.

On information and belief, Zynga Inc. is a corporation organized and existing

under the laws of Delaware, with a principal place of business in San Francisco, California.
Zynga Inc. may be served with process by serving Corporation Service Company d/b/a CSCLawyers Incorporating Service Company, 211 E. 7th Street, Suite 620, Austin, TX 78701-3218

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III. JURISDICTION AND VENUE
12.

This is an action for patent infringement which arises under the Patent Laws of

the United States, in particular, 35 U.S.C. §§271, 281, 283, 284 and 285.
13.

This Court has exclusive jurisdiction over the subject matter of this action under

28 U.S.C. §§1331 and 1338(a).
14.

On information and belief, venue is proper in this district pursuant to 28 U.S.C.

§§ 1391(b), 1391(c), and 1400(b) because each Defendant has transacted business in this district,
and has committed and/or induced acts of patent infringement in this district.
15.

On information and belief, Defendant Adobe is subject to this Court’s specific

and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute,
due at least to its substantial business in this forum, including: (i) at least a portion of the
infringements alleged herein; and (ii) regularly doing or soliciting business, engaging in other
persistent courses of conduct, and/or deriving substantial revenue from goods and services
provided to individuals in Texas and in this Judicial District.
16.

On information and belief, Defendant Valve is subject to this Court’s specific and

general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at
least to its substantial business in this forum, including: (i) at least a portion of the infringements
alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
of conduct, and/or deriving substantial revenue from goods and services provided to individuals
in Texas and in this Judicial District.

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17.

On information and belief, Defendant EA is subject to this Court’s specific and

general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at
least to its substantial business in this forum, including: (i) at least a portion of the infringements
alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
of conduct, and/or deriving substantial revenue from goods and services provided to individuals
in Texas and in this Judicial District.
18.

On information and belief, Defendant UbiSoft is subject to this Court’s specific

and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute,
due at least to its substantial business in this forum, including: (i) at least a portion of the
infringements alleged herein; and (ii) regularly doing or soliciting business, engaging in other
persistent courses of conduct, and/or deriving substantial revenue from goods and services
provided to individuals in Texas and in this Judicial District.
19.

On information and belief, Defendant Symantec is subject to this Court’s specific

and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute,
due at least to its substantial business in this forum, including: (i) at least a portion of the
infringements alleged herein; and (ii) regularly doing or soliciting business, engaging in other
persistent courses of conduct, and/or deriving substantial revenue from goods and services
provided to individuals in Texas and in this Judicial District.
20.

On information and belief, Defendant Intuit is subject to this Court’s specific and

general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at
least to its substantial business in this forum, including: (i) at least a portion of the infringements
alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses

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of conduct, and/or deriving substantial revenue from goods and services provided to individuals
in Texas and in this Judicial District.
21.

On information and belief, Defendant AVG is subject to this Court’s specific and

general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at
least to its substantial business in this forum, including: (i) at least a portion of the infringements
alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
of conduct, and/or deriving substantial revenue from goods and services provided to individuals
in Texas and in this Judicial District.
22.

On information and belief, Defendant Zynga is subject to this Court’s specific and

general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at
least to its substantial business in this forum, including: (i) at least a portion of the infringements
alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
of conduct, and/or deriving substantial revenue from goods and services provided to individuals
in Texas and in this Judicial District.
IV. FACTUAL ALLEGATIONS
23.

Digital is a subsidiary of DRM Technologies, L.L.C. (“DRM”). Digital and DRM

have been leading pioneers and innovators in the areas of securing digital content, secure
delivery of digital content, and tracking and authorizing use of digital content.
24.

As far back as 1997, the founders of Digital envisioned a world where digital

content would move freely about the internet while still protecting the rights of the creators.
Digital’s affiliates and predecessors were pioneers in this area, and are awarded many patents,
including the Patents-in-Suit.

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25.

Digital’s affiliates and predecessors were among the first to package and sell

digital music, books, newspapers and documents on the Internet in 1998-1999, and were voted
Best New Company at Internet World that year.
26.

Defendant Adobe provides software and services directed to secure distribution of

digital content and digital rights management, including, without limitation, Adobe Content
Server software and Adobe Digital Publishing Suite software. Adobe Content Server software is
a robust server solution that digitally protects PDF and eBooks for Adobe Digital Editions
software. Adobe Digital Publishing Suite software provides a solution for publishers to create
digital content and deliver it across devices—including Apple iPad and Android tablets.
27.

Defendant Valve provides software and services directed to secure distribution of

digital content and digital rights management, including, without limitation, through the Steam
platform. Steam is a game platform that distributes and manages over 1,500 games directly to a
community of more than 30 million players around the world.
28.

Defendant EA provides software and services directed to secure distribution of

digital content and digital rights management, including, without limitation, through the EA
Store and the EA Download Manager. The EA Download Manager is a secure tool that lets
users download purchased PC games straight from the EA Store onto a computer.
29.

Defendant UbiSoft provides software and services directed to secure distribution

of digital content and digital rights management, including, without limitation, through the
UbiSoft Online Store, or UBIShop®, UbiSoft Online Services Platform and UbiSoft Game
Launcher. UbiSoft Online Store or UBIShop®, UbiSoft Online Services Platform and UbiSoft

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Game Launcher provides a game platform that securely distributes and manages software to a
community of users.
30.

Defendant Symantec provides software and services directed to secure

distribution of digital content and digital rights management, including, without limitation,
through the Symantec Licensing Portal.
31.

Defendant Intuit provides software and services directed to secure distribution of

digital content and digital rights management, including, without limitation, in connection with
its QuickBooks Payroll software.
32.

Defendant AVG provides software and services directed to the secure distribution

of digital content and digital rights management, including, without limitation, in connection
with the AVG family of software products.
33.

Defendant Zynga provides software and services directed to secure distribution of

digital content and digital rights management, including, without limitation, in connection with
its social gaming network.
V. COUNT ONE
DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 6,389,541
34.

Digital incorporates by reference its allegations in Paragraphs 1-33 as if fully

restated in this paragraph.
35.

Digital is the assignee and owner of all right, title and interest to the ’541 Patent.

Digital has the legal right to enforce the patent, sue for infringement, and seek equitable relief
and damages.

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36.

The ’541 Patent is valid and enforceable.

37.

On information and belief, Defendants Adobe, Valve, EA, UbiSoft, Symantec,

Intuit and AVG, without permission of Digital, have been and are presently infringing the ’541
Patent, as infringement is defined by 35 U.S.C. § 271(a), including through making, using,
selling, offering for sale and importing methods and articles infringing one or more claims of the
’541 Patent. Defendants Adobe, Valve, EA, UbiSoft, Symantec, Intuit and AVG are thus liable
for direct infringement of the ’541 Patent pursuant to 35 U.S.C. § 271(a).
38.

On information and belief, at least since the filing of this Complaint, Defendants

Adobe, Valve, EA, UbiSoft, Symantec, Intuit and AVG, without permission of Digital, have
been and are presently indirectly infringing the ‘541 Patent, including actively inducing
infringement of the ’541 Patent under 35 U.S.C. § 271(b) and contributing to infringement of the
‘541 Patent under 35 U.S.C. § 271(c). Such inducements include without limitation, with
specific intent to encourage the infringement, knowingly inducing consumers to use infringing
articles and methods that these Defendants knew or should have known infringe one or more
claims of the ’541 Patent.
39.

On information and belief, Defendants, with knowledge of the ‘541 Patent,

provide instructions to their customers to use the accused instrumentalities in an infringing
manner, and their customers do so.
40.

As a result of Defendants’ infringement of the ’541 Patent, Digital has suffered

monetary damages that are adequate to compensate them for the infringement under 35 U.S.C.
§ 284, but in no event less than a reasonable royalty.

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VI. COUNT TWO
DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 6,751,670
41.

Digital incorporates by reference its allegations in Paragraphs 1-33 as if fully

restated in this paragraph.
42.

Digital is the assignee and owner of all right, title and interest to the ’670 Patent.

Digital has the legal right to enforce the patent, sue for infringement, and seek equitable relief
and damages.
43.

The ’670 Patent is valid and enforceable.

44.

On information and belief, Defendants Adobe, Valve, EA, UbiSoft, Symantec,

Intuit, AVG and Zynga, without permission of Digital, have been and are presently infringing the
’670 Patent, as infringement is defined by 35 U.S.C. § 271(a), including through making, using,
selling, offering for sale and importing methods and articles infringing one or more claims of the
’670 Patent. Defendants Adobe, Valve, EA, UbiSoft, Symantec, Intuit, AVG and Zynga are thus
liable for direct infringement of the ’670 Patent pursuant to 35 U.S.C. § 271(a).
45.

On information and belief, at least since the filing of this Complaint, Defendants

Adobe, Valve, EA, UbiSoft, Symantec, Intuit, AVG and Zynga, without permission of Digital,
have been and are presently indirectly infringing the ‘670 Patent, including actively inducing
infringement of the ’670 Patent under 35 U.S.C. § 271(b) and contributing to infringement of the
‘670 Patent under 35 U.S.C. § 271(c). Such inducements include without limitation, with
specific intent to encourage the infringement, knowingly inducing consumers to use infringing
articles and methods that these Defendants knew or should have known infringe one or more
claims of the ’670 Patent.

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46.

On information and belief, Defendants, with knowledge of the ‘670 Patent,

provide instructions to their customers to use the accused instrumentalities in an infringing
manner, and their customers do so.
47.

As a result of Defendants’ infringement of the ’670 Patent, Digital has suffered

monetary damages that are adequate to compensate them for the infringement under 35 U.S.C.
§ 284, but in no event less than a reasonable royalty.
VII. COUNT THREE
DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 7,127,515
48.

Digital incorporates by reference its allegations in Paragraphs 1-33 as if fully

restated in this paragraph.
49.

Digital is the assignee and owner of all right, title and interest to the ’515 Patent.

Digital has the legal right to enforce the patent, sue for infringement, and seek equitable relief
and damages.
50.

The ’515 Patent is valid and enforceable.

51.

On information and belief, Defendants Valve and EA, without permission of

Digital, have been and are presently infringing the ’515 Patent, as infringement is defined by 35
U.S.C. § 271(a), including through making, using, selling, offering for sale and importing
methods and articles infringing one or more claims of the ’515 Patent. Defendants Valve and
EA are thus liable for direct infringement of the ’515 Patent pursuant to 35 U.S.C. § 271(a).
52.

On information and belief, at least since the filing of this Complaint, Defendants

Valve and EA, without permission of Digital, have been and are presently indirectly infringing

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the ‘515 Patent, including actively inducing infringement of the ’515 Patent under 35 U.S.C. §
271(b) and contributing to infringement of the ‘515 Patent under 35 U.S.C. § 271(c). Such
inducements include without limitation, with specific intent to encourage the infringement,
knowingly inducing consumers to use infringing articles and methods that these Defendants
knew or should have known infringe one or more claims of the ’515 Patent.
53.

On information and belief, Defendants, with knowledge of the ‘515 Patent,

provide instructions to its customers to use the accused instrumentalities in an infringing manner,
and its customers do so.
54.

As a result of Defendants’ infringement of the ’515 Patent, Digital has suffered

monetary damages that are adequate to compensate them for the infringement under 35 U.S.C.
§ 284, but in no event less than a reasonable royalty.
VIII. COUNT FOUR
DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 7,272,655
55.

Digital incorporates by reference its allegations in Paragraphs 1-33 as if fully

restated in this paragraph.
56.

Digital is the assignee and owner of all right, title and interest to the ’655 Patent.

Digital has the legal right to enforce the patent, sue for infringement, and seek equitable relief
and damages.
57.

The ’655 Patent is valid and enforceable.

58.

On information and belief, Defendants Valve and EA, without permission of

Digital, have been and are presently infringing the ’655 Patent, as infringement is defined by 35

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U.S.C. § 271(a), including through making, using, selling, offering for sale and importing
methods and articles infringing one or more claims of the ’655 Patent. Defendants Valve and
EA are thus liable for direct infringement of the ’655 Patent pursuant to 35 U.S.C. § 271(a).
59.

On information and belief, at least since the filing of this Complaint, Defendants

Valve and EA, without permission of Digital, have been and are presently indirectly infringing
the ‘655 Patent, including actively inducing infringement of the ’655 Patent under 35 U.S.C. §
271(b) and contributing to infringement of the ‘655 Patent under 35 U.S.C. § 271(c). Such
inducements include without limitation, with specific intent to encourage the infringement,
knowingly inducing consumers to use infringing articles and methods that these Defendants
knew or should have known infringe one or more claims of the ’655 Patent.
60.

On information and belief, Defendants, with knowledge of the ‘655 Patent,

provide instructions to their customers to use the accused instrumentalities in an infringing
manner, and their customers do so.
61.

As a result of Defendants’ infringement of the ’655 Patent, Digital has suffered

monetary damages that are adequate to compensate them for the infringement under 35 U.S.C.
§ 284, but in no event less than a reasonable royalty.
IX. COUNT FIVE
DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 7,562,150
62.

Digital incorporates by reference its allegations in Paragraphs 1-33 as if fully

restated in this paragraph.

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63.

Digital is the assignee and owner of all right, title and interest to the ’150 Patent.

Digital has the legal right to enforce the patent, sue for infringement, and seek equitable relief
and damages.
64.

The ’150 Patent is valid and enforceable.

65.

On information and belief, Defendants Valve and EA, without permission of

Digital, have been and are presently infringing the ’150 Patent, as infringement is defined by 35
U.S.C. § 271(a), including through making, using, selling, offering for sale and importing
methods and articles infringing one or more claims of the ’150 Patent. Defendants Valve and
EA are thus liable for direct infringement of the ’150 Patent pursuant to 35 U.S.C. § 271(a).
66.

On information and belief, at least since the filing of this Complaint, Defendants

Valve and EA, without permission of Digital, have been and are presently indirectly infringing
the ‘150 Patent, including actively inducing infringement of the ’150 Patent under 35 U.S.C. §
271(b) and contributing to infringement of the ‘150 Patent under 35 U.S.C. § 271(c). Such
inducements include without limitation, with specific intent to encourage the infringement,
knowingly inducing consumers to use infringing articles and methods that these Defendants
knew or should have known infringe one or more claims of the ’150 Patent.
67.

On information and belief, Defendants, with knowledge of the ‘150 Patent,

provide instructions to their customers to use the accused instrumentalities in an infringing
manner, and their customers do so.

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68.

As a result of Defendants’ infringement of the ’150 Patent, Digital has suffered

monetary damages that are adequate to compensate them for the infringement under 35 U.S.C.
§ 284, but in no event less than a reasonable royalty.
X. COUNT SIX
DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 7,673,059
69.

Digital incorporates by reference its allegations in Paragraphs 1-33 as if fully

restated in this paragraph.
70.

Digital is the assignee and owner of all right, title and interest to the ’059 Patent.

Digital has the legal right to enforce the patent, sue for infringement, and seek equitable relief
and damages.
71.

The ’059 Patent is valid and enforceable.

72.

On information and belief, Defendants Adobe, Valve, EA, UbiSoft, Symantec,

Intuit and AVG, without permission of Digital, have been and are presently infringing the ’059
Patent, as infringement is defined by 35 U.S.C. § 271(a), including through making, using,
selling, offering for sale and importing methods and articles infringing one or more claims of the
’059 Patent. Defendants Adobe, Valve, EA, UbiSoft, Symantec, Intuit and AVG are thus liable
for direct infringement of the ’059 Patent pursuant to 35 U.S.C. § 271(a).
73.

On information and belief, at least since the filing of this Complaint, Defendants

Adobe, Valve, EA, UbiSoft, Symantec, Intuit, AVG and Zynga, without permission of Digital,
have been and are presently indirectly infringing the ‘059 Patent, including actively inducing
infringement of the ’059 Patent under 35 U.S.C. § 271(b) and contributing to infringement of the

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‘059 Patent under 35 U.S.C. § 271(c). Such inducements include without limitation, with
specific intent to encourage the infringement, knowingly inducing consumers to use infringing
articles and methods that these Defendants knew or should have known infringe one or more
claims of the ’059 Patent.
74.

On information and belief, Defendants, with knowledge of the ‘059 Patent,

provide instructions to their customers to use the accused instrumentalities in an infringing
manner, and their customers do so.
75.

As a result of Defendants’ infringement of the ’059 Patent, Digital has suffered

monetary damages that are adequate to compensate them for the infringement under 35 U.S.C.
§ 284, but in no event less than a reasonable royalty.
XI. COUNT SEVEN
DIRECT AND INDIRECT INFRINGEMENT OF U.S. PATENT NO. 7,421,741
76.

Digital incorporates by reference its allegations in Paragraphs 1-33 as if fully

restated in this paragraph.
77.

Digital is the assignee and owner of all right, title and interest to the ’741 Patent.

Digital has the legal right to enforce the patent, sue for infringement, and seek equitable relief
and damages.
78.

The ’741 Patent is valid and enforceable.

79.

On information and belief, Defendant Adobe, without permission of Digital, has

been and is presently infringing the ’741 Patent, as infringement is defined by 35 U.S.C. §
271(a), including through making, using, selling, offering for sale and importing methods and

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articles infringing one or more claims of the ’741 Patent. Defendant Adobe is thus liable for
direct infringement of the ’741 Patent pursuant to 35 U.S.C. § 271(a).
80.

On information and belief, at least since the filing of this Complaint, Defendant

Adobe, without permission of Digital, has been and is presently indirectly infringing the ‘741
Patent, including actively inducing infringement of the ’741 Patent under 35 U.S.C. § 271(b) and
contributing to infringement of the ‘741 Patent under 35 U.S.C. § 271(c). Such inducements
include without limitation, with specific intent to encourage the infringement, knowingly
inducing consumers to use infringing articles and methods that Defendant Adobe knew or should
have known infringe one or more claims of the ’741 Patent.
81.

On information and belief, Defendants, with knowledge of the ‘741 Patent,

provide instructions to their customers to use the accused instrumentalities in an infringing
manner, and their customers do so.
82.

As a result of Defendant Adobe’s infringement of the ’741 Patent, Digital has

suffered monetary damages that are adequate to compensate them for the infringement under
35 U.S.C. § 284, but in no event less than a reasonable royalty.
XII. WILLFUL INFRINGEMENT
83.

Digital alleges upon information and belief that, as of the date of the filing of this

Complaint, Defendant Adobe has knowingly or with reckless disregard willfully infringed one or
more of the Patents-in-Suit. Upon information and belief, at least Defendant Adobe had actual
notice of infringement of one or more of the Patents-in-Suit, and acted despite an objectively
high likelihood that their actions constituted infringement of Digital’s valid patent rights.

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84.

This objectively-defined risk was either known or so obvious that it should have

been known to Defendant Adobe. Accordingly, Digital seeks enhanced damages pursuant to 35
U.S.C. § 284.
XIII. JURY DEMAND
85.

Plaintiff Digital demands a trial by jury of all matters to which it is entitled to trial

by jury, pursuant to FED. R. CIV. P. 38.
XIV. PRAYER FOR RELIEF
WHEREFORE, Digital prays for judgment and seeks relief against Defendants as
follows:
A.

That the Court determine that the ’541 Patent is infringed by Defendants Adobe,
Valve, EA, UbiSoft, Symantec, Intuit and AVG;

B.

That the Court determine that the ’670 Patent is infringed by Defendants Adobe,
Valve, EA, UbiSoft, Symantec, Intuit, AVG and Zynga;

C.

That the Court determine that the ’515 Patent is infringed by Defendants Valve
and EA;

D.

That the Court determine that the ’655 Patent is infringed by Defendants Valve
and EA;

E.

That the Court determine that the ’150 Patent is infringed by Defendants Valve
and EA;

F.

That the Court determine that the ’059 Patent is infringed by Defendants Adobe,
Valve, EA, UbiSoft, Symantec, Intuit, AVG and Zynga;

G.

That the Court determine that the ’741 Patent is infringed by Defendant Adobe;

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H.

That the Court award damages adequate to compensate Digital for the patent
infringement that has occurred, together with prejudgment and post-judgment
interest and costs, and an ongoing royalty for continued infringement;

I.

In the alternative, that the Court permanently enjoin Defendants pursuant to 35
U.S.C. §283;

J.

That the Court award Digital enhanced damages pursuant to 35 U.S.C. §284;

K.

That the Court declare this case exceptional pursuant to 35 U.S.C. §285;

L.

That the Court award Digital its reasonable attorneys fees in connection herewith;
and

M.

That the Court award such other relief to Digital as the Court deems just and
proper.
Respectfully submitted,

______________________________
Eric M. Albritton
Texas State Bar No. 00790215
[e-mail]
ALBRITTON LAW FIRM
P.O. Box 2649
Longview, Texas 75606
Telephone: [phone]
Facsimile: [phone]
T. John Ward, Jr.
Texas State Bar No. 00794818
[e-mail]
WARD & SMITH LAW FIRM
P.O. Box 1231
Longview, Texas 75606-1231
Telephone: [phone]
Facsimile: [phone]

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Andrew G. DiNovo
Texas State Bar No. 00790594
[e-mail]
Raymond W. Mort, III
Texas State Bar No. 00791308
[e-mail]
Jay D. Ellwanger
Texas State Bar No. 24036522
DiNovo Price Ellwanger& Hardy LLP
7000 N. MoPac Expressway, Suite 350
Austin, Texas 78731
Telephone: [phone]
Telecopier: [phone]
Counsel for Digital Reg of Texas, LLC

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