Anu IP, LLC v. Patriot Memory, LLC

Filing 1

COMPLAINT against Patriot Memory, LLC ( Filing fee $ 350 receipt number 0540-3546854.), filed by Anu IP, LLC. (Attachments: # 1 Exhibit A - US Patent No. 6,979,210, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet attachment)(Spangler, Andrew)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ANU IP, LLC

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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.

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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.

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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.

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Respectfully submitted,
/s/ Andrew W. Spangler
Andrew W. Spangler
SPANGLER & FUSSELL P.C.
208 N. Green Street, Suite 300
Longview, Texas 75601
[phone]
[phone] (facsimile)
[e-mail]
James A. Fussell III
SPANGLER & FUSSELL P.C.
211 N. Union St., Ste. 100
Alexandria, Virginia 22314
[phone]
[phone] (facsimile)
[e-mail]
Demetrios Anaipakos
AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING,
P.C.
[e-mail]
Fed. I.D. No. 20323
State Bar No. 00793258
Amir Alavi
[e-mail]
Fed. I.D. No. 00919
State Bar No. 00793239
Steven J. Mitby
[e-mail]
Fed. I.D. No. 33591
State Bar No. 24037123
1221 McKinney Street, Suite 3460
Houston, Texas 77010
Telephone: [phone]
Facsimile: 713-655-0062
ATTORNEYS FOR PLAINTIFF

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