Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1075

AMENDED COMPLAINT (CORRECTED THIRD AMENDED) against Adobe Systems Incorporated, Amazon.com Inc., CDW Corporation, Citigroup Inc., Frito-Lay, Inc., Google Inc., J.C. Penney Corporation, Inc., Staples, Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC, filed by Eolas Technologies Incorporated, The Regents of the University of California.(McKool, Mike)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

Eolas Technologies Incorporated,
Plaintiff,

vs.
Adobe Systems Inc., Amazon.com, Inc.,
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp.,
Citigroup Inc., eBay Inc., Frito-Lay, Inc.,
The Go Daddy Group, Inc., Google Inc.,
J.C. Penney Company, Inc., JPMorgan
Chase & Co., New Frontier Media, Inc.,
Office Depot, Inc., Perot Systems Corp.,
Playboy Enterprises International, Inc.,
Rent-A-Center, Inc., Staples, Inc., Sun
Microsystems Inc., Texas Instruments Inc.,
Yahoo! Inc., and YouTube, LLC
Defendants.

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Civil Action No. 6:09-cv-446

JURY TRIAL

PLAINTIFFS’ CORRECTED THIRD AMENDED COMPLAINT FOR PATENT
INFRINGEMENT
Plaintiff Eolas Technologies Incorporated (“Eolas”) and Plaintiff The Regents of the
University of California (“Regents”) file this Corrected Third Amended Complaint for patent
infringement against Defendants Adobe Systems Incorporated (“Adobe”), Amazon.com, Inc.
(“Amazon”), CDW Corporation (“CDW”), Citigroup Inc. (“Citigroup”), Frito-Lay, Inc. (“FritoLay”), Go Daddy Group, Inc. (“Go Daddy”), Google Inc. (“Google”), J.C. Penney Corporation,
Inc. (“J.C. Penney”), Staples, Inc. (“Staples”), Yahoo! Inc. (“Yahoo”), and YouTube, LLC
(“YouTube”) (collectively “Defendants”), and allege as follows:

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I.
1.

PARTIES

Plaintiff Eolas is a corporation organized and existing under the laws of Texas,

with its principal place of business at 313 East Charnwood Street, Tyler, Texas 75701. Eolas
conducts leading-edge research and development to create innovative technologies in the areas of
interactive embedded and distributed applications, systems, data analysis, visualization,
collaboration and networking.

During the past 15 years, Eolas’ innovations have enabled

corporations around the world to enhance their products and improve their customers’ website
experiences by enabling browsers, in conjunction with servers, to act as platforms for fully
interactive embedded applications. This advanced technology provides rich interactive online
experiences for Web users worldwide.
2.

At all times herein mentioned, Plaintiff Regents was charged by state law with the

duty of administering the University of California as a public trust, pursuant to Article IX § 9 of
the California Constitution.
3.

Upon information and belief, Adobe is, and at all relevant times mentioned herein

was, a corporation organized and existing under the laws of the State of Delaware, with its
principal place of business at 345 Park Avenue, San Jose, California 95110-2704. Adobe may be
served with process by serving its registered agent, Corporation Service Company d/b/a CSC,
701 Brazos Street, Suite 1050, Austin, Texas 78701-3232.
4.

Upon information and belief, Amazon is, and at all relevant times mentioned

herein was, a corporation organized and existing under the laws of the State of Delaware, with its
principal place of business at 1200 12th Avenue South, Suite 1200, Seattle, Washington 981442734. Amazon may be served with process by serving its registered agent, Corporation Service
Company d/b/a CSC, 6500 Harbour Heights Parkway, Mukilteo, Washington 98275.
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5.

Upon information and belief, CDW is, and at all relevant times mentioned herein

was, a corporation organized and existing under the laws of the State of Illinois, with its principal
place of business at 200 North Milwaukee Avenue, Vernon Hills, Illinois 60061. CDW may be
served with process by serving its registered agent, Corporation Service Company d/b/a CSC,
2730 Gateway Oaks Drive, Suite 100, Sacramento, California 95833-3503.
6.

Upon information and belief, Citigroup is, and at all relevant times mentioned

herein was, a corporation organized and existing under the laws of the State of Delaware, with its
principal place of business at 399 Park Avenue, New York, New York 10043. Citigroup may be
served with process by serving its registered agent, CT Corporation System, 350 North Saint
Paul Street, Dallas, Texas 75201-4240.
7.

Upon information and belief, Frito-Lay is, and at all relevant times mentioned

herein was, a corporation organized and existing under the laws of the State of Delaware, with its
principal place of business at 7701 Legacy Drive, Plano, Texas 75024-4002. On information
and belief, Frito-Lay is a subsidiary of PepsiCo Inc. with its principal place of business at 700
Anderson Hill Road, Purchase, New York 10577-1401. Frito-Lay may be served with process
by serving its registered agent, CT Corporation System, 350 North Saint Paul Street, Dallas,
Texas 75201-4240.
8.

Upon information and belief, Go Daddy is, and at all relevant times mentioned

herein was, a corporation organized and existing under the laws of the State of Arizona, with its
principal place of business at 14455 North Hayden Road, Suite 226, Scottsdale, Arizona 85260.
Go Daddy may be served with process by serving its registered agent, Barb Rechterman, 14455
North Hayden Road, Suite 219, Scottsdale, Arizona 85260-6993.

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9.

Upon information and belief, Google is, and at all relevant times mentioned

herein, was a corporation organized and existing under the laws of the State of Delaware, with its
principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043.
Google may be served with process by serving its registered agent, Corporation Service
Company d/b/a CSC, 701 Brazos Street, Suite 1050, Austin, Texas 78701-3232.
10.

Upon information and belief, J.C. Penney is, and at all relevant times mentioned

herein was, a corporation organized and existing under the laws of the State of Delaware, with its
principal place of business at 6501 Legacy Drive, Plano, Texas 75024-3612. J.C. Penney may be
served with process by serving its registered agent, CT Corporation System, 350 North Saint
Paul Street, Dallas, Texas 75201-4240.
11.

Upon information and belief, Staples is, and at all relevant times mentioned herein

was, a corporation organized and existing under the laws of the State of Delaware, with its
principal place of business at 500 Staples Drive, Framingham, Massachusetts 01702. Staples
may be served with process by serving its registered agent, CT Corporation System, 155 Federal
Street, Suite 700, Boston Massachusetts 02110-1727.
12.

Upon information and belief, Yahoo is, and at all relevant times mentioned herein

was, a corporation organized and existing under the laws of the State of Delaware, with its
principal place of business at 701 1st Avenue, Sunnyvale, California 94089. Yahoo may be
served with process by serving its registered agent, CT Corporation System, 818 W. 7th Street,
Los Angeles, California 90017-3407.
13.

Upon information and belief, YouTube, LLC is, and at all relevant times

mentioned herein was, a corporation organized and existing under the laws of the State of
Delaware, with its principal place of business at 1600 Amphitheatre Parkway, Mountain View,
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California 94043-1351. YouTube, LLC may be served with process by serving its registered
agent, Corporation Service Company d/b/a CSC, 2730 Gateway Oaks Drive Suite 100,
Sacramento, CA 95833.
II.
14.

JURISDICTION AND VENUE

Plaintiffs repeat and re-allege the allegations in Paragraphs 1–23 as though fully

set forth in their entirety.
15.

This action arises under the patent laws of the United States, Title 35, United

States Code § 1, et seq. This Court has exclusive subject matter jurisdiction over this case for
patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
16.

Personal jurisdiction exists generally over each of the Defendants because each

has sufficient minimum contacts with the forum as a result of business conducted within the
State of Texas and within the Eastern District of Texas.

Personal jurisdiction also exists

specifically over each of the Defendants because each, directly or through subsidiaries or
intermediaries, makes, uses, offers for sale, sells, imports, advertises, makes available and/or
markets products and services within the State of Texas, and more particularly, within the
Eastern District of Texas, that infringe the patents-in-suit, as described more particularly below.
17.

Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391(b)–(c)

and 1400(b).
III.
18.

PATENT INFRINGEMENT

Plaintiffs repeat and re-allege the allegations in Paragraphs 1–17 as though fully

set forth in their entirety.

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19.

United States Patent No. 5,838,906 (“the ’906 Patent”) entitled “Distributed

hypermedia method for automatically invoking external application providing interaction and
display of embedded objects within a hypermedia document,” and United States Patent No.
7,599,985 (“the ’985 Patent”) entitled “Distributed hypermedia method and system for
automatically invoking external application providing interaction and display of embedded
objects within a hypermedia document” were duly and legally issued by the United States Patent
and Trademark Office on November 17, 1998 (’906 Patent) and October 6, 2009 (’985 Patent)
after full and fair examination and are owned by assignment by The Regents. The United States
Patent and Trademark Office, after initially issuing the ’906 Patent, has affirmed its validity on
two separate occasions, most recently in February 2009. The ’906 Patent and the ’985 Patent
may be collectively referred to hereafter as “the patents”.
20.

Eolas has an exclusive license to the patents that includes, without limitation, the

following: (a) all exclusionary rights under the patents, including, but not limited to, (i) the
exclusive right to exclude others from making, using, offering for sale, or selling products
embodying the patented inventions throughout the United States or importing such products into
the United States, and (ii) the exclusive right to exclude others from using and otherwise
practicing methods embodying the patented inventions throughout the United States; and (b) the
exclusive right to sue and seek damages for infringement of any of the exclusionary rights
identified above.
21.

On information and belief, Adobe has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
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without authority: (i) web pages and content to be interactively presented in browsers, including,
without limitation, the web pages and content accessible via www.adobe.com and tv.adobe.com
and maintained on servers located in and/or accessible from the United States under the control
of Adobe; (ii) software, including, without limitation, software that allows content to be
interactively presented in and/or served to browsers, including, without limitation, Flash and
Shockwave; and/or (iii) computer equipment, including, without limitation, computer equipment
that stores, serves, and/or runs any of the foregoing.
Adobe indirectly infringes one or more claims of the ’906 Patent and/or the ’985 Patent
by active inducement under 35 U.S.C. § 271(b). Adobe has induced and continues to induce
users of the web pages, software, and computer equipment identified above to directly infringe
one or more claims of the ’906 Patent and/or the ’985 Patent. Adobe indirectly infringes one or
more claims of the ’906 Patent and/or the ’985 Patent by contributory infringement under 35
U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified
above, Adobe contributes to the direct infringement of users of said web pages, software, and
computer equipment.
22.

On information and belief, Amazon has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
without limitation, the web pages and content accessible via www.amazon.com and maintained
on servers located in and/or accessible from the United States under the control of Amazon; (ii)
software, including, without limitation, software that allows content to be interactively presented
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in and/or served to browsers; and/or (iii) computer equipment, including, without limitation,
computer equipment that stores, serves, and/or runs any of the foregoing.
Amazon indirectly infringes one or more claims of the ’906 Patent and/or the ’985 Patent
by active inducement under 35 U.S.C. § 271(b). Amazon has induced and continues to induce
users of the web pages, software, and computer equipment identified above to directly infringe
one or more claims of the ’906 Patent and/or the ’985 Patent. Amazon indirectly infringes one or
more claims of the ’906 Patent and/or the ’985 Patent by contributory infringement under 35
U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified
above, Amazon contributes to the direct infringement of users of said web pages, software, and
computer equipment.
23.

On information and belief, CDW has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
without limitation, the web pages and content accessible via www.cdw.com and maintained on
servers located in and/or accessible from the United States under the control of CDW; (ii)
software, including, without limitation, software that allows content to be interactively presented
in and/or served to browsers; and/or (iii) computer equipment, including, without limitation,
computer equipment that stores, serves, and/or runs any of the foregoing.
CDW indirectly infringes one or more claims of the ’906 Patent and/or the ’985 Patent by
active inducement under 35 U.S.C. § 271(b). CDW has induced and continues to induce users of
the web pages, software, and computer equipment identified above to directly infringe one or
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more claims of the ’906 Patent and/or the ’985 Patent. CDW indirectly infringes one or more
claims of the ’906 Patent and/or the ’985 Patent by contributory infringement under 35 U.S.C. §
271(c). By providing the web pages, software, and computer equipment identified above, CDW
contributes to the direct infringement of users of said web pages, software, and computer
equipment.
24.

On information and belief, Citigroup has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
without limitation, the web pages and content accessible via www.citigroup.com and maintained
on servers located in and/or accessible from the United States under the control of Citigroup; (ii)
software, including, without limitation, software that allows content to be interactively presented
in and/or served to browsers; and/or (iii) computer equipment, including, without limitation,
computer equipment that stores, serves, and/or runs any of the foregoing.
Citigroup indirectly infringes one or more claims of the ’906 Patent and/or the ’985
Patent by active inducement under 35 U.S.C. § 271(b). Citigroup has induced and continues to
induce users of the web pages, software, and computer equipment identified above to directly
infringe one or more claims of the ’906 Patent and/or the ’985 Patent. Citigroup indirectly
infringes one or more claims of the ’906 Patent and/or the ’985 Patent by contributory
infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer
equipment identified above, Citigroup contributes to the direct infringement of users of said web
pages, software, and computer equipment.
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25.

On information and belief, Frito-Lay has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
without limitation, the web pages and content accessible via www.frito-lay.com and maintained
on servers located in and/or accessible from the United States under the control of Frito-Lay; (ii)
software, including, without limitation, software that allows content to be interactively presented
in and/or served to browsers; and/or (iii) computer equipment, including, without limitation,
computer equipment that stores, serves, and/or runs any of the foregoing.
Frito-Lay indirectly infringes one or more claims of the ’906 Patent and/or the ’985
Patent by active inducement under 35 U.S.C. § 271(b). Frito-Lay has induced and continues to
induce users of the web pages, software, and computer equipment identified above to directly
infringe one or more claims of the ’906 Patent and/or the ’985 Patent. Frito-Lay indirectly
infringes one or more claims of the ’906 Patent and/or the ’985 Patent by contributory
infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer
equipment identified above, Frito-Lay contributes to the direct infringement of users of said web
pages, software, and computer equipment.
26.

On information and belief, Go Daddy has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
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without limitation, the web pages and content accessible via and maintained on servers located
in and/or accessible from the United States under the control of Go Daddy; (ii) software,
including, without limitation, software that allows content to be interactively presented in and/or
served to browsers; and/or (iii) computer equipment, including, without limitation, computer
equipment that stores, serves, and/or runs any of the foregoing.
GoDaddy indirectly infringes one or more claims of the ’906 Patent and/or the ’985
Patent by active inducement under 35 U.S.C. § 271(b). GoDaddy has induced and continues to
induce users of the web pages, software, and computer equipment identified above to directly
infringe one or more claims of the ’906 Patent and/or the ’985 Patent. GoDaddy indirectly
infringes one or more claims of the ’906 Patent and/or the ’985 Patent by contributory
infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer
equipment identified above, GoDaddy contributes to the direct infringement of users of said web
pages, software, and computer equipment.
27.

On information and belief, Google has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
without limitation, the web pages and content accessible via www.google.com and maintained
on servers located in and/or accessible from the United States under the control of Google; (ii)
software, including, without limitation, browser software and software that allows content to be
interactively presented in and/or served to browsers, including, without limitation, Chrome for

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Windows and Chrome for the Mac; and/or (iii) computer equipment, including, without
limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
Google indirectly infringes one or more claims of the ’906 Patent and/or the ’985 Patent
by active inducement under 35 U.S.C. § 271(b). Google has induced and continues to induce
users of the web pages, software, and computer equipment identified above to directly infringe
one or more claims of the ’906 Patent and/or the ’985 Patent. Google indirectly infringes one or
more claims of the ’906 Patent and/or the ’985 Patent by contributory infringement under 35
U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified
above, Google contributes to the direct infringement of users of said web pages, software, and
computer equipment.
28.

On information and belief, J.C. Penney has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
without limitation, the web pages and content accessible via www.jcpenneybrands.com and
maintained on servers located in and/or accessible from the United States under the control of
J.C. Penney; (ii) software, including, without limitation, software that allows content to be
interactively presented in and/or served to browsers; and/or (iii) computer equipment, including,
without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
J.C. Penney indirectly infringes one or more claims of the ’906 Patent and/or the ’985
Patent by active inducement under 35 U.S.C. § 271(b). J.C. Penney has induced and continues to
induce users of the web pages, software, and computer equipment identified above to directly
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infringe one or more claims of the ’906 Patent and/or the ’985 Patent. J.C. Penney indirectly
infringes one or more claims of the ’906 Patent and/or the ’985 Patent by contributory
infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer
equipment identified above, J.C. Penney contributes to the direct infringement of users of said
web pages, software, and computer equipment.
29.

On information and belief, Staples has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
without limitation, the web pages and content accessible via www.staples.com and maintained
on servers located in and/or accessible from the United States under the control of Staples; (ii)
software, including, without limitation, software that allows content to be interactively presented
in and/or served to browsers; and/or (iii) computer equipment, including, without limitation,
computer equipment that stores, serves, and/or runs any of the foregoing.
Staples indirectly infringes one or more claims of the ’906 Patent and/or the ’985 Patent
by active inducement under 35 U.S.C. § 271(b). Staples has induced and continues to induce
users of the web pages, software, and computer equipment identified above to directly infringe
one or more claims of the ’906 Patent and/or the ’985 Patent. Staples indirectly infringes one or
more claims of the ’906 Patent and/or the ’985 Patent by contributory infringement under 35
U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified
above, Staples contributes to the direct infringement of users of said web pages, software, and
computer equipment.
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30.

On information and belief, Yahoo has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
without limitation, the web pages and content accessible via www.yahoo.com and maintained on
servers located in and/or accessible from the United States under the control of Yahoo; (ii)
software, including, without limitation, software that allows content to be interactively presented
in and/or served to browsers; and/or (iii) computer equipment, including, without limitation,
computer equipment that stores, serves, and/or runs any of the foregoing.
Yahoo indirectly infringes one or more claims of the ’906 Patent and/or the ’985 Patent
by active inducement under 35 U.S.C. § 271(b). Yahoo has induced and continues to induce
users of the web pages, software, and computer equipment identified above to directly infringe
one or more claims of the ’906 Patent and/or the ’985 Patent. Yahoo indirectly infringes one or
more claims of the ’906 Patent and/or the ’985 Patent by contributory infringement under 35
U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified
above, Yahoo contributes to the direct infringement of users of said web pages, software, and
computer equipment.
31.

On information and belief, YouTube has directly and/or indirectly infringed (by

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, the ’906 Patent and/or the ’985 Patent in this District or otherwise within the United
States by making, using, selling, offering to sell, and/or importing in or into the United States,
without authority: (i) web pages and content to be interactively presented in browsers, including,
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without limitation, the web pages and content accessible via www.youtube.com and maintained
on servers located in and/or accessible from the United States under the control of YouTube; (ii)
software, including, without limitation, software that allows content to be interactively presented
in and/or served to browsers; and/or (iii) computer equipment, including, without limitation,
computer equipment that stores, serves, and/or runs any of the foregoing.
YouTube indirectly infringes one or more claims of the ’906 Patent and/or the ’985
Patent by active inducement under 35 U.S.C. § 271(b). YouTube has induced and continues to
induce users of the web pages, software, and computer equipment identified above to directly
infringe one or more claims of the ’906 Patent and/or the ’985 Patent. YouTube indirectly
infringes one or more claims of the ’906 Patent and/or the ’985 Patent by contributory
infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer
equipment identified above, YouTube contributes to the direct infringement of users of said web
pages, software, and computer equipment.
32.

On information and belief, the Defendants have knowledge of the ’906 Patent and

have not ceased their infringing activities. The Defendants’ infringement of the ’906 Patent has
been and continues to be willful and deliberate.
33.

As a direct and proximate consequence of the acts and practices of the Defendants

in infringing and/or inducing the infringement of one or more claims of the ’906 Patent and one
or more claims of the ’985 Patent, Plaintiffs have been, are being, and, unless such acts and
practices are enjoined by the Court, will continue to suffer injury to their business and property
rights.
34.

As a direct and proximate consequence of the acts and practices of the Defendants

in infringing, directly and/or indirectly, one or more claims of the ’906 Patent and one or more
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claims of the ’985 Patent, Plaintiffs have suffered, are suffering, and will continue to suffer
injury and damages for which they are entitled to relief under 35 U.S.C. § 284, in an amount to
be determined at trial.
35.

In addition, the infringing acts and practices of the Defendants has caused, is

causing, and, unless such acts and practices are enjoined by the Court, will continue to cause
immediate and irreparable harm to Plaintiffs for which there is no adequate remedy at law, and
for which Plaintiffs are entitled to injunctive relief under 35 U.S.C. § 283.
IV.

PRAYER FOR RELIEF

Plaintiffs pray for the following relief:
A.

A judgment that each Defendant has infringed, directly and indirectly, one or

more claims of the ’906 Patent and one or more claims of the ’985 Patent;
B.

A judgment and order preliminarily and permanently enjoining each Defendant,

its employees and agents, and any other person(s) in active concert or participation with it from
infringing, directly or indirectly, the ’906 Patent and the ’985 Patent;
C.

A judgment and order requiring each Defendant to pay Plaintiffs’ damages under

35 U.S.C. § 284, including treble damages for willful infringement as provided by 35 U.S.C.
§ 284, and supplemental damages for any continuing post-verdict infringement up until entry of
the final judgment with an accounting as needed;
D.

An award of all costs of this action, including attorneys’ fees and interest; and

E.

Such other and further relief as the Court deems just and equitable.

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V.

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand that all issues be determined by a jury.

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DATED: October 28, 2011.

Respectfully submitted,
MCKOOL SMITH, P.C.

/s/ Mike McKool
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Sam F. Baxter
Texas State Bar No. 01938000
[e-mail]
MCKOOL SMITH, P.C.
104 E. Houston St., Ste. 300
P.O. Box O
Marshall, Texas 75670
Telephone: [phone]
Telecopier: [phone]

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Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
Steven J. Pollinger
Texas State Bar No. 24011919
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Matt Rappaport
Texas State Bar No. 24070472
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]
Robert M. Parker
Texas State Bar No. 15498000
Robert Christopher Bunt
Texas Bar No. 00787165
Andrew T. Gorham
Texas State Bar No. 24012715
PARKER, BUNT & AINSWORTH, P.C.
100 E. Ferguson, Suite 1114
Tyler, Texas 75702
[phone]
[phone]- Facsimile
[e-mail]
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF
EOLAS TECHNOLOGIES INC.
AND THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this document was served on all counsel who
have consented to electronic service on this the 28th day of October, 2011. Local Rule CV5(a)(3)(A).

/s/ Matt Rappaport
Matt Rappaport

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