Texas OCR Technologies, L.L.C. v. Adobe Systems Incorporated et al
Filing
1
COMPLAINT for Patent Infringement against Adobe Systems Incorporated, Apple, Inc., Barnes & Noble, Inc., Google Inc., Microsoft Corporation, Nuance Communications, Inc. ( Filing fee $ 350 receipt number 0540-2978726.), filed by Texas OCR Technologies, L.L.C.. (Attachments: # 1 Exhibit A - '179 Patent, # 2 Civil Cover Sheet)(DeRieux, Elizabeth) (Entered: 04/08/2011)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
TEXAS OCR TECHNOLOGIES, L.L.C. a
Texas limited liability company,
Plaintiff,
CASE NO.
vs.
Jury Trial Demanded
ADOBE SYSTEMS INCORPORATED, a
Delaware corporation; APPLE, INC., a
California corporation; BARNES & NOBLE,
INC., a Delaware corporation; MICROSOFT
CORPORATION, a Washington corporation;
GOOGLE INC., a Delaware corporation; and
NUANCE COMMUNICATIONS, INC., a
Delaware corporation.
Defendants.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Texas OCR Technologies, L.L.C., (“Texas OCR”), by counsel and
pursuant to Federal Rule of Civil Procedure 8(a), on information and belief, alleges the following
in support of its Complaint for patent infringement against Defendants Adobe Systems
Incorporated, Apple, Inc., Barnes & Noble, Inc., Microsoft Corporation, Google Inc., and
Nuance Communications, Inc. (collectively “Defendants”):
Introduction
1.
Plaintiff Texas OCR owns the inventions described and claimed in United
States Patent No. 6,363,179 entitled “Methodology for Displaying Search Results Using
Character Recognition” (the “„179 patent”). Defendants have used and continue to use
1
Plaintiff‟s patented technology in products and/or services that they make, use, import, sell,
and/or offer to sell. Texas OCR seeks damages for patent infringement and an injunction
preventing Defendants from making, using, selling, or offering to sell, and from contributing to
and inducing others to make, use, sell, or offer to sell, the technology claimed by the „179 patent
without Plaintiff‟s permission.
Plaintiff Texas OCR
2.
Plaintiff Texas OCR is a limited liability company existing under and by
virtue of the laws of the State of Texas.
Defendants
3.
Adobe Systems Incorporated (“Adobe”) is a Delaware corporation with its
principal place of business in San Jose, California.
4.
Apple, Inc. (“Apple”) is a California corporation with its principal place of
business in Cupertino, California.
5.
Barnes & Noble, Inc. (“Barnes & Noble”) is a Delaware corporation with
its principal place of business in New York, New York.
6.
Microsoft Corporation (“Microsoft”) is a Washington corporation with its
principal place of business in Redmond, Washington.
7.
Google Inc. (“Google”) is a Delaware corporation with its principal place
of business in Mountain View, California.
8.
Nuance Communications, Inc. (“Nuance”) is a Delaware corporation with
its principal place of business in Burlington, Massachusetts.
2
The Patent
9.
The United States Patent and Trademark Office issued the „179 patent
(attached as exhibit A) on March 26, 2002. Through assignment, Plaintiff is the owner of all
right, title, and interest in the „179 patent, including all rights to pursue and collect damages for
infringement of the „179 patent.
Jurisdiction and Venue
10.
This is an action for patent infringement arising under the patent laws of
the United States, 35 U.S.C. §§ 271 and 281, et seq. The Court has original jurisdiction over this
patent infringement action under 28 U.S.C. § 1338(a).
11.
Each of the Defendants has committed acts and continues to commit acts
within this judicial district giving rise to this action. Venue is proper in this district pursuant to
28 U.S.C. § 1391(b) and § 1400.
First Claim for Patent Infringement
(Infringement of the ‘179 patent)
12.
Plaintiff incorporates by reference each of the allegations in paragraphs 1 -
11 above and further alleges as follows:
13.
The United States Patent and Trademark Office issued the „179 patent on
March 26, 2002. Plaintiff is the owner of the „179 patent with full rights to pursue recovery of
royalties or damages for infringement of said patent, including full rights to recover past and
future damages.
14.
Without a license or permission from Plaintiff, Adobe has infringed and is
continuing to infringe one or more claims of the „179 patent and, unless enjoined, will continue
to do so, by making, using, providing, selling, offering for sale, or importing infringing products
and services such as Adobe Acrobat. Adobe, which has knowledge of the „179 patent, has also
3
actively and knowingly contributed to and induced, and continues to actively and knowingly
contribute to and induce, infringement by users of Adobe Systems Incorporated‟s products and
services.
15.
As a result of Adobe‟s infringement of the „179 patent, Plaintiff has been
damaged by and will continue to suffer additional, irreparable damage, in an amount not yet
determined, and will suffer an impairment of the value of its patent rights unless Adobe is
enjoined from continuing to infringe the „179 patent.
16.
Pursuant to 35 U.S.C. § 281, Plaintiff is entitled to recover damages from
Adobe to compensate it for Adobe‟s infringement of the „179 patent.
17.
Without a license or permission from Plaintiff, Apple has infringed and is
continuing to infringe one or more claims of the „179 patent and, unless enjoined, will continue
to do so, by making, using, providing, selling, offering for sale, or importing infringing products
and services such as iBooks. Apple, which has knowledge of the „179 patent, has also actively
and knowingly contributed to and induced, and continues to actively and knowingly contribute to
and induce, infringement by users of Apple‟s products and services.
18.
As a result of Apple‟s infringement of the „179 patent, Plaintiff has been
damaged by and will continue to suffer additional, irreparable damage, in an amount not yet
determined, and will suffer an impairment of the value of its patent rights unless Apple is
enjoined from continuing to infringe the „179 patent.
19.
Pursuant to 35 U.S.C. § 281, Plaintiff is entitled to recover damages from
Apple, Inc. to compensate it for Apple‟s infringement of the „179 patent.
20.
Without a license or permission from Plaintiff, Barnes & Noble has
infringed and is continuing to infringe one or more claims of the „179 patent and, unless
4
enjoined, will continue to do so, by making, using, providing, selling, offering for sale, or
importing infringing products and services such as the Nook. Barnes & Noble, which has
knowledge of the „179 patent, has also actively and knowingly contributed to and induced, and
continues to actively and knowingly contribute to and induce, infringement by users of Barnes &
Noble‟s products and services.
21.
As a result of Barnes & Noble‟s infringement of the „179 patent, Plaintiff
has been damaged by and will continue to suffer additional, irreparable damage, in an amount
not yet determined, and will suffer an impairment of the value of its patent rights unless Barnes
& Noble is enjoined from continuing to infringe the „179 patent.
22.
Pursuant to 35 U.S.C. § 281, Plaintiff is entitled to recover damages from
Barnes & Noble to compensate it for Barnes & Noble‟s infringement of the „179 patent.
23.
Without a license or permission from Plaintiff, Microsoft has infringed
and is continuing to infringe one or more claims of the „179 patent and, unless enjoined, will
continue to do so, by making, using, providing, selling, offering for sale, or importing infringing
products and services such as Microsoft Office Document Imaging. Microsoft, which has
knowledge of the „179 patent, has also actively and knowingly contributed to and induced, and
continues to actively and knowingly contribute to and induce, infringement by users of
Microsoft‟s products and services.
24.
As a result of Microsoft‟s infringement of the „179 patent, Plaintiff has
been damaged by and will continue to suffer additional, irreparable damage, in an amount not yet
determined, and will suffer an impairment of the value of its patent rights unless Microsoft is
enjoined from continuing to infringe the „179 patent.
5
25.
Pursuant to 35 U.S.C. § 281, Plaintiff is entitled to recover damages from
Microsoft to compensate it for Microsoft‟s infringement of the „179 patent.
26.
Without a license or permission from Plaintiff, Google has infringed and is
continuing to infringe one or more claims of the „179 patent and, unless enjoined, will continue
to do so, by making, using, providing, selling, offering for sale, or importing infringing products
and services such as Google Books. Google, which has knowledge of the „179 patent, has also
actively and knowingly contributed to and induced, and continues to actively and knowingly
contribute to and induce, infringement by users of Google‟s products and services.
27.
As a result of Google‟s infringement of the „179 patent, Plaintiff has been
damaged by and will continue to suffer additional, irreparable damage, in an amount not yet
determined, and will suffer an impairment of the value of its patent rights unless Google is
enjoined from continuing to infringe the „179 patent.
28.
Pursuant to 35 U.S.C. § 281, Plaintiff is entitled to recover damages from
Google Inc. to compensate it for Google Inc.‟s infringement of the „179 patent.
29.
Without a license or permission from Plaintiff, Nuance has infringed and
is continuing to infringe one or more claims of the „179 patent and, unless enjoined, will
continue to do so, by making, using, providing, selling, offering for sale, or importing infringing
products and services such as Nuance PDF Reader. Nuance, which has knowledge of the „179
patent, has also actively and knowingly contributed to and induced, and continues to actively and
knowingly contribute to and induce, infringement by users of Nuance‟s products and services.
30.
As a result of Nuance‟s infringement of the „179 patent, Plaintiff has been
damaged by and will continue to suffer additional, irreparable damage, in an amount not yet
6
determined, and will suffer an impairment of the value of its patent rights unless Nuance is
enjoined from continuing to infringe the „179 patent.
31.
Pursuant to 35 U.S.C. § 281, Plaintiff is entitled to recover damages from
Nuance to compensate it for Nuance‟s infringement of the „179 patent.
Jury Demand
32.
Plaintiff demands trial by jury of all issues relating to its claims regarding
the „179 patent.
Prayer for Relief
WHEREFORE, Plaintiff prays for judgment as follows:
A.
A judgment in favor of Plaintiff that Adobe Systems Incorporated, Apple, Inc.,
Barnes & Noble, Inc., Microsoft Corporation, Google Inc., and Nuance
Communications, Inc. have infringed the „179 patent;
B.
A decree preliminarily and permanently enjoining Adobe Systems Incorporated,
Apple, Inc., Barnes & Noble, Inc., Microsoft Corporation, Google Inc., Nuance
Communications, Inc., their officers, directors, employees, agents, and all persons
in active concert with them, from infringing, and contributing to or inducing
others to infringe the „179 patent;
C.
A judgment and order requiring Adobe Systems Incorporated, Apple, Inc., Barnes
& Noble, Inc., Microsoft Corporation, Google Inc., and Nuance Communications,
Inc. to pay Plaintiff compensatory damages, costs, expenses, and pre- and postjudgment interest for Defendants‟ infringement of the „179 patent, as provided
under 35 U.S.C. § 284;
7
D.
A judgment and order finding that this patent infringement case is exceptional
within the meaning of 35 U.S.C. § 285 and awarding Plaintiff its reasonable
attorneys‟ fees; and
E.
Any and all other relief to which Plaintiff may be entitled.
Dated: April 8, 2011
Respectfully submitted,
By: /s/ Elizabeth L. DeRieux
Sean A. Luner
CA State Bar No. 165443
Email: sean@dovellaw.com
Richard E. Lyon
CA State Bar No. 229288
Email: rick@dovellaw.com
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: 310-656-7066
Facsimile: 310-657-7069
S. Calvin Capshaw
State Bar No. 03783900
Elizabeth L. DeRieux
State Bar No. 05770585
CAPSHAW DERIEUX, L.L.P.
114 E. Commerce Ave.
Gladewater, Texas 75647
Telephone: (903) 236-9800
Facsimile: (903) 236-8787
Email: capshaw@capshawlaw.com
Email: ederieux@capshawlaw.com
ATTORNEYS FOR PLAINTIFF
TEXAS OCR TECHNOLOGIES,
L.L.C.
8
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?