Elia Data of Texas, LLC v. International Business Machines Corp.
Filing
1
COMPLAINT against International Business Machines Corp. ( Filing fee $ 350 receipt number 0540-3630123.), filed by Elia Data of Texas, LLC. (Attachments: # 1 Errata A, # 2 Civil Cover Sheet)(Burns, Ronald)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ELIA DATA OF TEXAS, LLC,
Plaintiff,
CIVIL ACTION NO. 2:12-cv-320
v.
JURY TRIAL DEMANDED
INTERNATIONAL BUSINESS MACHINES
CORP.,
Defendant.
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
1.
This is an action for patent infringement in which Elia Data of Texas, LLC
(“Elia” or “Plaintiff”), makes the following allegations against International Business Machines
Corp. (“IBM” or “Defendant”).
PARTIES
2.
Plaintiff is a Texas limited liability company with its principal place of business at
1333 W. McDermott Drive, Suite 200, Allen, Texas 75013. Elia’s president is Daniel F. Perez.
3.
On information and belief, IBM is a New York corporation with its principal
place of business in Armonk, New York 10504. IBM’s registered agent in Texas appears to be
CT Corp. System, 350 N. St. Paul St., Suite 2900, Dallas, Texas 75201.
JURISDICTION AND VENUE
4.
This action arises under the patent laws of the United States, Title 35 of the
United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
1338(a).
5.
Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b). On
information and belief, Defendant has transacted business in this district, and has committed
and/or induced acts of patent infringement in this district.
6.
On information and belief, IBM 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.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,113,996
7.
Plaintiff is the owner by assignment of United States Patent No. 7,113,996 (“the
'996 Patent”) entitled “Method and system for secured transport and storage of data on a
network” – including all rights to recover for past and future acts of infringement. The '996
Patent issued on September 26, 2006. A true and correct copy of the '996 Patent is attached as
Exhibit A.
8.
Upon information and belief, IBM has been and now is directly or through
intermediaries is making, made, having made, installing, installed, using, used, importing,
imported, providing, provided, supplying, supplied, distributing, distributed, selling, sold,
offering and/or offered for sale products and/or systems (the “infringing products/systems”) that
infringe or, when used, infringe(d) one or more claims of the ‘996 Patent in the State of Texas, in
this judicial district, and elsewhere in the United States.
The infringing products/systems
provide secure transport of secure packets between a first and second node. The infringing
products/systems comprise a first node that creates secure packets related to a given
transmission. Each such secure packet contains identical retrieval information. The infringing
products/systems provide secure relays that receive secure packets, and non-secure packets, from
nodes or other secure relays. The secure relay of the infringing products/systems identifies
retrieval information in each secure packet, forwards secure packets to another secure relay, and
forwards non-secure packets to a destination relay. When a retrieval condition has been
indicated, the secure relay of the infringing products/systems forwards the related secure packets
[2]
to the second node. When a retrieval condition has not been indicated, the secure relay of the
infringing products/systems forwards secure packets to another secure relay. The infringing
products/systems comprise a second node that creates the retrieval condition, which is related to
the retrieval information in the transmitted secure packets, and receives the secure packets. In
the infringing products/systems, the first or second nodes are separate from the secure relays.
Without limiting or waiving Plaintiff’s right to later amend or supplement its Complaint, IBM’s
Tivoli products/systems (“Tivoli platform”), Websphere products/systems (“Websphere
platform”), Lotus products/systems (“Lotus platform”) and SPSS products/systems (“SPSS
platform”) infringe one or more claims of the ‘996 Patent. Defendant IBM is thus liable for
infringement of the ‘996 Patent pursuant to 35 U.S.C. § 271(a), (b) & (c).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter:
1.
A judgment in favor of Plaintiff that Defendant has infringed, directly, jointly,
and/or indirectly, by way of inducing and/or contributing to the infringement of the ‘996 Patent;
2.
A permanent injunction enjoining Defendant and its officers, directors, agents,
servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
active concert therewith from infringement, inducing the infringement of, or contributing to the
infringement of the ‘996 Patent;
3.
A judgment and order requiring Defendant to pay Plaintiff its damages, costs,
expenses, and prejudgment and post-judgment interest for Defendant’s infringement of the ‘996
Patent as provided under 35 U.S.C. § 284;
4.
An award to Plaintiff for enhanced damages resulting from the knowing,
deliberate, and willful nature of Defendant’s prohibited conduct with notice being made as of the
date of correspondence with Defendant, or at least as early as the date of the filing of this
Complaint, as provided under 35 U.S.C. § 284;
5.
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
6.
Any and all other relief to which Plaintiff may show itself to be entitled.
[3]
DEMAND FOR JURY TRIAL
Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
any issues so triable by right.
June 12, 2012
Respectfully Submitted,
ELIA DATA OF TEXAS
By: /s/ Ronald W. Burns
Ronald W. Burns
Texas State Bar No. 24031903
Ronald W. Burns, Esq.
15139 Woodbluff Drive
Frisco, Texas 75035
Phone: 972-632-9009
rburns@burnsiplaw.com
ATTORNEY FOR PLAINTIFF
ELIA DATA OF TEXAS
[4]
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?