PersonalWeb Technologies LLC v. Amazon Web Services LLC et al

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT against Amazon Web Services LLC, Amazon.com, Inc., Dropbox, Inc. ( Filing fee $ 350 receipt number 0540-3354182.), filed by PersonalWeb Technologies LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(Baxter, Samuel)

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

Personalweb Technologies LLC
Plaintiff,
v.

Civil Action No. 6:11-cv-658

Amazon.com, Inc.;
Amazon Web Services LLC; and,
Dropbox, Inc.

JURY TRIAL REQUESTED

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff PersonalWeb Technologies LLC files this Complaint for Patent Infringement
against Amazon.com, Inc.; Amazon Web Services LLC; and Dropbox, Inc. (collectively,
“Defendants”) and states as follows:
THE PARTIES
1.

Plaintiff PersonalWeb Technologies LLC (“PersonalWeb” or “Plaintiff”) is a

limited liability company organized under the laws of Texas with its principal place of business
at 112 E. Line Street, Suite 204, Tyler, Texas, 75702. PersonalWeb was founded in August
2010 and is in the business of developing and distributing software based on its technology
assets.
2.

PersonalWeb protects its proprietary business applications and operations through

a portfolio of patents that it owns, including 13 issued and pending United States patents.
PersonalWeb is assignee and owner of eight patents at issue in this action: U.S. Patent Nos.
5,978,791, 6,415,280, 6,928,442, 7,802,310, 7,945,539, 7,945,544, 7,949,662, and 8,001,096.

McKool 298950v1
1779609.1

3.

Defendant Amazon.com, Inc. (“Amazon.com”) is a Delaware Corporation with its

principal place of business at 410 Terry Avenue North, Seattle, Washington 98109-5210.
Amazon.com has appointed Corporation Services Company, 300 Deschutes Way SW, Ste.
304, Tumwater, WA 98501-7719, as its agent for service of process.
4.

Defendant Amazon Web Services LLC (“Amazon Web”) is a Delaware

Corporation with its principal place of business at 1200 12th Ave. South, Seattle, WA, 98144.
Amazon Web has appointed Corporation Services Company, 300 Deschutes Way SW, Ste.
304, Tumwater, WA 98501-7719, as its agent for service of process. In this Complaint,
Amazon.com and Amazon Web are collectively referred to as “Amazon”.
5.

Defendant Dropbox, Inc. (“Dropbox”) is a corporation organized and existing

under the laws of Delaware with its principal place of business at 760 Market Street, Suite
1150, San Francisco, CA 94102. Dropbox has appointed Amir Oren, 760 Market Street, Suite
1150, San Francisco, CA 94102-2306, as its agent for service of process.
6.

Amazon and Dropbox make and distribute web-based software products, and

provide web-based services to consumers in the United States and, more particularly, in the
Eastern District of Texas.
JURISDICTION AND VENUE
7.

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

United States, Title 35, United States Code. Jurisdiction as to these claims is conferred on this
Court by 35 U.S.C. §§ 1331 and 1338(a).
8.

Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391 and

1400(b). PersonalWeb is a limited liability company incorporated in Smith County, Texas
with its principal place of business in Tyler, Texas.

1779609.1

2

9.

This Court has personal jurisdiction over Amazon and Dropbox. Amazon and

Dropbox have conducted and continue to conduct business within the State of Texas. Amazon
and Dropbox, directly or through intermediaries (including distributors, retailers, and others),
ships, distributes, offers for sale, sells, and advertises its products and offers its services in the
United States, the State of Texas, and the Eastern District of Texas. Amazon and Dropbox
have purposefully and voluntarily sold infringing software and performed infringing services
with the expectation that they will be purchased and used by consumers in the Eastern District
of Texas. These infringing products and services have been and continue to be purchased and
used by consumers in the Eastern District of Texas. Amazon and Dropbox have committed
acts of patent infringement within the State of Texas and, more particularly, within the Eastern
District of Texas.
10.

Amazon and Dropbox are properly joined in this action because (1)

PersonalWeb’s right to relief is asserted against the parties jointly and severally, (2) certain
infringing acts of Amazon and Dropbox arise out of the same transaction, occurrence or series
of transactions or occurrences relating to the making, using, offering for sale, and selling of the
same accused products and providing the same accused services in this action, and (3)
questions of fact common to Amazon and Dropbox will arise in the action. Specifically,
Amazon Web is a wholly owned subsidiary of Amazon Web and owns the infringing Amazon
Web products and services. Further, Dropbox’s infringing web-based file hosting service uses
Amazon's infringing S3 storage system to store files.
PERSONALWEB BACKGROUND
11. PersonalWeb is in the business of developing and distributing software based on
its technology assets.

1779609.1

PersonalWeb draws on its proprietary technology to innovate and

3

develop software products, including a social learning platform and digital content
management system.
12.

PersonalWeb’s products include a product referred to as “StudyPods…where

social meets study™”, a new social learning platform that enables students to connect,
collaborate and share academic knowledge with each other at their own university or colleges
worldwide.

PersonalWeb’s also is developing enterprise solutions, including proprietary

technology assets utilizing natural language processing and semantic analysis to search for and
deliver relevant content available on the Internet to users.
13.

PersonalWeb also is developing the Global File Registry (“GFR”) digital content

management system, an online copyright protection and crime prevention tool that is a
consolidated database containing unique identifiers of millions of infringing files captured and
collected on behalf of multiple content owners and interested parties.
14.

PersonalWeb protects its proprietary business applications and operations through

a portfolio of patents that it owns, including 13 issued and pending United States patents.
INFRINGEMENT OF U.S. PATENT NO. 5,978,791
15.

On November 2, 1999, United States Patent No. 5,978,791 (the “’791 patent”)

was duly and legally issued for an invention entitled “Data Processing System Using
Substantially Unique Identifiers to Identify Data Items, Whereby Data Items Have the Same
Identifiers.” PersonalWeb was assigned the ’791 patent and continues to hold all rights and
interest in the ’791 patent. A true and correct copy of the ’791 patent is attached hereto as
Exhibit A.
16.

Amazon has infringed and continues to infringe the ’791 patent by its

manufacture, use, sale, importation, and/or offer for sale of the following products and services:
Amazon Simple Storage Service (S3) and Amazon ElastiCache. Amazon further contributes to

1779609.1

4

and induces others to manufacture, use, sell, import, and/or offer for sale these infringing
products and services. Amazon is liable for its infringement of the ’791 patent pursuant to 35
U.S.C. § 271.
17.

Dropbox has infringed and continues to infringe the ’791 patent by its

manufacture, use, sale, importation, and/or offer for sale of the Dropbox web-based file hosting
service. Dropbox contributes to and induces others to manufacture, use, sell, import, and/or offer
for sale this infringing service. Dropbox is liable for its infringement of the ’791 patent pursuant
to 35 U.S.C. § 271.
18.

Defendants Amazon’s and Dropbox’s acts of infringement have caused damage to

PersonalWeb, and PersonalWeb is entitled to recover from Defendants the damages sustained by
PersonalWeb as a result of Defendants’ wrongful acts in an amount subject to proof at trial.
Defendants’ infringement of PersonalWeb’s exclusive rights under the ’791 patent will continue
to damage PersonalWeb, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court.
INFRINGEMENT OF U.S. PATENT NO. 6,415,280
19.

On July 2, 2002, United States Patent No. 6,415,280 (the “’280 patent”) was duly

and legally issued for an invention entitled “Identifying and Requesting Data in Network Using
Identifiers Which Are Based On Contents of Data.” PersonalWeb was assigned the ’280 patent
and continues to hold all rights and interest in the ’280 patent. A true and correct copy of the
’280 patent is attached hereto as Exhibit B.
20.

Amazon has infringed and continues to infringe the ’280 patent by its

manufacture, use, sale, importation, and/or offer for sale of the following products and services:
Amazon Simple Storage Service (S3) and Amazon ElastiCache. Amazon further contributes to
and induces others to manufacture, use, sell, import, and/or offer for sale these infringing

1779609.1

5

products and services. Amazon is liable for its infringement of the ’280 patent pursuant to 35
U.S.C. § 271.
21.

Dropbox has infringed and continues to infringe the ’280 patent by its

manufacture, use, sale, importation, and/or offer for sale of the Dropbox web-based file hosting
service. Dropbox contributes to and induces others to manufacture, use, sell, import, and/or offer
for sale this infringing service. Dropbox is liable for its infringement of the ’280 patent pursuant
to 35 U.S.C. § 271.
22.

Defendants Amazon’s and Dropbox’s acts of infringement have caused damage to

PersonalWeb, and PersonalWeb is entitled to recover from Defendants the damages sustained by
PersonalWeb as a result of Defendants’ wrongful acts in an amount subject to proof at trial.
Defendants’ infringement of PersonalWeb’s exclusive rights under the ’280 patent will continue
to damage PersonalWeb, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court.
INFRINGEMENT OF U.S. PATENT NO. 6,928,442
23.

On Aug 9, 2005, United States Patent No. 6,928,442 (the “’442 patent”) was duly

and legally issued for an invention entitled “Enforcement and Policing of Licensed Content
Using Content-based Identifiers.” PersonalWeb was assigned the ’442 patent and continues to
hold all rights and interest in the ’442 patent. A true and correct copy of the ’442 patent is
attached hereto as Exhibit C.
24.

Amazon has infringed and continues to infringe the ’442 patent by its

manufacture, use, sale, importation, and/or offer for sale of the following products and services:
Amazon Simple Storage Service (S3) and Amazon ElastiCache. Amazon further contributes to
and induces others to manufacture, use, sell, import, and/or offer for sale these infringing

1779609.1

6

products and services. Amazon is liable for its infringement of the ’442 patent pursuant to 35
U.S.C. § 271.
25.

Dropbox has infringed and continues to infringe the ’442 patent by its

manufacture, use, sale, importation, and/or offer for sale of the Dropbox web-based file hosting
service. Dropbox contributes to and induces others to manufacture, use, sell, import, and/or offer
for sale this infringing service. Dropbox is liable for its infringement of the ’442 patent pursuant
to 35 U.S.C. § 271.
26.

Defendants Amazon’s and Dropbox’s acts of infringement have caused damage to

PersonalWeb, and PersonalWeb is entitled to recover from Defendants the damages sustained by
PersonalWeb as a result of Defendants’ wrongful acts in an amount subject to proof at trial.
Defendants’ infringement of PersonalWeb’s exclusive rights under the ’442 patent will continue
to damage PersonalWeb, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court.
INFRINGEMENT OF U.S. PATENT NO. 7,802,310
27.

On September 21, 2010, United States Patent No. 7,802,310 (the “’310 patent”)

was duly and legally issued for an invention entitled “Controlling Access to Data in a Data
Processing System.” PersonalWeb was assigned the ’310 patent and continues to hold all rights
and interest in the ’310 patent. A true and correct copy of the ’310 patent is attached hereto as
Exhibit D.
28.

Amazon has infringed and continues to infringe the ’310 patent by its

manufacture, use, sale, importation, and/or offer for sale of the following products and services:
Amazon Simple Storage Service (S3) and Amazon ElastiCache. Amazon further contributes to
and induces others to manufacture, use, sell, import, and/or offer for sale these infringing

1779609.1

7

products and services. Amazon is liable for its infringement of the ’310 patent pursuant to 35
U.S.C. § 271.
29.

Dropbox has infringed and continues to infringe the ’310 patent by its

manufacture, use, sale, importation, and/or offer for sale of the Dropbox web-based file hosting
service. Dropbox contributes to and induces others to manufacture, use, sell, import, and/or offer
for sale this infringing service. Dropbox is liable for its infringement of the ’310 patent pursuant
to 35 U.S.C. § 271.
30.

Defendants Amazon’s and Dropbox’s acts of infringement have caused damage to

PersonalWeb, and PersonalWeb is entitled to recover from Defendants the damages sustained by
PersonalWeb as a result of Defendants’ wrongful acts in an amount subject to proof at trial.
Defendants’ infringement of PersonalWeb’s exclusive rights under the ’310 patent will continue
to damage PersonalWeb, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court.
INFRINGEMENT OF U.S. PATENT NO. 7,945,539
31.

On May 17, 2011, United States Patent No. 7,945,539 (the “’539 patent”) was

duly and legally issued for an invention entitled “Distributing and Accessing Data in a Data
Processing System.” PersonalWeb was assigned the ’539 patent and continues to hold all rights
and interest in the ’539 patent. A true and correct copy of the ’539 patent is attached hereto as
Exhibit E.
32.

Amazon has infringed and continues to infringe the ’539 patent by its

manufacture, use, sale, importation, and/or offer for sale of the following products and services:
Amazon Simple Storage Service (S3) and Amazon ElastiCache. Amazon further contributes to
and induces others to manufacture, use, sell, import, and/or offer for sale these infringing

1779609.1

8

products and services. Amazon is liable for its infringement of the ’539 patent pursuant to 35
U.S.C. § 271.
33.

Dropbox has infringed and continues to infringe the ’539 patent by its

manufacture, use, sale, importation, and/or offer for sale of the Dropbox web-based file hosting
service. Dropbox contributes to and induces others to manufacture, use, sell, import, and/or offer
for sale this infringing service. Dropbox is liable for its infringement of the ’539 patent pursuant
to 35 U.S.C. § 271.
34.

Defendants Amazon’s and Dropbox’s acts of infringement have caused damage to

PersonalWeb, and PersonalWeb is entitled to recover from Defendants the damages sustained by
PersonalWeb as a result of Defendants’ wrongful acts in an amount subject to proof at trial.
Defendants’ infringement of PersonalWeb’s exclusive rights under the ’539 patent will continue
to damage PersonalWeb, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court.
INFRINGEMENT OF U.S. PATENT NO. 7,945,544
35.

On May 17, 2011, United States Patent No. 7,945,544 (the “’544 patent”) was

duly and legally issued for an invention entitled “Similarity-Based Access Control of Data in a
Data Processing System.” PersonalWeb was assigned the ’544 patent and continues to hold all
rights and interest in the ’544 patent. A true and correct copy of the ’544 patent is attached
hereto as Exhibit F.
36.

Amazon has infringed and continues to infringe the ’544 patent by its

manufacture, use, sale, importation, and/or offer for sale of the following products and services:
Amazon Simple Storage Service (S3) and Amazon ElastiCache. Amazon further contributes to
and induces others to manufacture, use, sell, import, and/or offer for sale these infringing

1779609.1

9

products and services. Amazon is liable for its infringement of the ’544 patent pursuant to 35
U.S.C. § 271.
37.

Dropbox has infringed and continues to infringe the ’544 patent by its

manufacture, use, sale, importation, and/or offer for sale of the Dropbox web-based file hosting
service. Dropbox contributes to and induces others to manufacture, use, sell, import, and/or offer
for sale this infringing service. Dropbox is liable for its infringement of the ’544 patent pursuant
to 35 U.S.C. § 271.
38.

Defendants Amazon’s and Dropbox’s acts of infringement have caused damage to

PersonalWeb, and PersonalWeb is entitled to recover from Defendants the damages sustained by
PersonalWeb as a result of Defendants’ wrongful acts in an amount subject to proof at trial.
Defendants’ infringement of PersonalWeb’s exclusive rights under the ’544 patent will continue
to damage PersonalWeb, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court.
INFRINGEMENT OF U.S. PATENT NO. 7,949,662
39.

On May 24, 2011, United States Patent No. 7,949,662 (the “’662 patent”) was

duly and legally issued for an invention entitled “De-duplication of Data in a Data Processing
System.” PersonalWeb was assigned the ’662 patent and continues to hold all rights and interest
in the ’662 patent. A true and correct copy of the ’662 patent is attached hereto as Exhibit G.
40.

Amazon has infringed and continues to infringe the ’662 patent by its

manufacture, use, sale, importation, and/or offer for sale of the following products and services:
Amazon Simple Storage Service (S3) and Amazon ElastiCache.

Amazon further contributes to

and induces others to manufacture, use, sell, import, and/or offer for sale these infringing
products and services. Amazon is liable for its infringement of the ’662 patent pursuant to 35
U.S.C. § 271.

1779609.1

10

41.

Dropbox has infringed and continues to infringe the ’662 patent by its

manufacture, use, sale, importation, and/or offer for sale of the Dropbox web-based file hosting
service. Dropbox contributes to and induces others to manufacture, use, sell, import, and/or offer
for sale this infringing service. Dropbox is liable for its infringement of the ’662 patent pursuant
to 35 U.S.C. § 271.
42.

Defendants Amazon’s and Dropbox’s acts of infringement have caused damage to

PersonalWeb, and PersonalWeb is entitled to recover from Defendants the damages sustained by
PersonalWeb as a result of Defendants’ wrongful acts in an amount subject to proof at trial.
Defendants’ infringement of PersonalWeb’s exclusive rights under the ’662 patent will continue
to damage PersonalWeb, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court.
INFRINGEMENT OF U.S. PATENT NO. 8,001,096
43.

On August 16, 2011, United States Patent No. 8,001,096 (the “’096 patent”) was

duly and legally issued for an invention entitled “Computer File System Using ContentDependent File Identifiers.” PersonalWeb was assigned the ’096 patent and continues to hold all
rights and interest in the ’096 patent. A true and correct copy of the ’096 patent is attached
hereto as Exhibit H.
44.

Amazon has infringed and continues to infringe the ’096 patent by its

manufacture, use, sale, importation, and/or offer for sale of the following products and services:
Amazon Simple Storage Service (S3) and Amazon ElastiCache. Amazon further contributes to
and induces others to manufacture, use, sell, import, and/or offer for sale these infringing
products and services. Amazon is liable for its infringement of the ’096 patent pursuant to 35
U.S.C. § 271.

1779609.1

11

45.

Dropbox has infringed and continues to infringe the ’096 patent by its

manufacture, use, sale, importation, and/or offer for sale of the Dropbox web-based file hosting
service. Dropbox contributes to and induces others to manufacture, use, sell, import, and/or offer
for sale this infringing service. Dropbox is liable for its infringement of the ’096 patent pursuant
to 35 U.S.C. § 271.
46.

Defendants Amazon’s and Dropbox’s acts of infringement have caused damage to

PersonalWeb, and PersonalWeb is entitled to recover from Defendants the damages sustained by
PersonalWeb as a result of Defendants’ wrongful acts in an amount subject to proof at trial.
Defendants’ infringement of PersonalWeb’s exclusive rights under the ’096 patent will continue
to damage PersonalWeb, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court.
COUNT ONE—PATENT INFRINGEMENT AGAINST AMAZON
47.

Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1-

45 of this Complaint as though fully set forth herein.
48.

Amazon has infringed and/or continues to infringe one or more claims of the

Patents-in-Suit as set forth above. Amazon is liable for direct infringement, as well as indirect
infringement by way of inducement and/or contributory infringement, for each of the Patentsin-Suit pursuant to 35 U.S.C. § 271 (a), (b), (c), and/or (f) as set forth above.

For

PersonalWeb’s claims of indirect infringement, Amazon’s end-user customers and consultants
are direct infringers of the Patents-in-Suit.
49.

Amazon’s acts of infringement have caused damage to PersonalWeb.

PersonalWeb is entitled to recover from Amazon the damages sustained by PersonalWeb as a
result of Amazon’s wrongful acts in an amount subject to proof at trial. In addition, the

1779609.1

12

infringing acts and practices of Amazon has caused, is causing, and, unless such acts and
practices are enjoined by the Court, will continue to cause immediate and irreparable harm to
PersonalWeb for which there is no adequate remedy at law, and for which PersonalWeb is
entitled to injunctive relief under 35 U.S.C. § 283.
50.

Amazon has received actual notice of infringement.

COUNT TWO—PATENT INFRINGEMENT AGAINST DROPBOX
51.

Plaintiff incorporates herein by reference the allegations set forth in paragraphs 1-

49 of this Complaint as though fully set forth herein.
52.

Dropbox has infringed and/or continues to infringe one or more claims of the

Patents-in-Suit as set forth above. Dropbox is liable for direct infringement, as well as indirect
infringement by way of inducement and/or contributory infringement, for each of the Patentsin-Suit pursuant to 35 U.S.C. § 271 (a), (b), (c), and/or (f) as set forth above.

For

PersonalWeb’s claims of indirect infringement, Dropbox’s end-user customers and consultants
are direct infringers of the Patents-in-Suit.
53.

Dropbox’s acts of infringement have caused damage to PersonalWeb.

PersonalWeb is entitled to recover from Dropbox the damages sustained by PersonalWeb as a
result of Dropbox’s wrongful acts in an amount subject to proof at trial. In addition, the
infringing acts and practices of Dropbox has caused, is causing, and, unless such acts and
practices are enjoined by the Court, will continue to cause immediate and irreparable harm to
PersonalWeb for which there is no adequate remedy at law, and for which PersonalWeb is
entitled to injunctive relief under 35 U.S.C. § 283.
54.

Dropbox has received actual notice of infringement.
DEMAND FOR JURY TRIAL

PersonalWeb hereby demands a jury for all issues so triable.

1779609.1

13

PRAYER
WHEREFORE, PersonalWeb prays for judgment as follows:
1.

that Defendants have infringed, directly and/or indirectly, one or more claims of

the Patents-in-Suit;
2.

requiring Defendants to pay PersonalWeb’s actual damages;

3.

requiring Defendants to pay PersonalWeb supplemental damages for any

continuing post-verdict infringement up until entry of the final judgment, together with an
accounting as needed;
4.

requiring Defendants to pay to PersonalWeb pre-judgment and post-judgment

interest on the damages awarded at the maximum rate provided by law;
5.

requiring Defendants to pay to PersonalWeb all costs of this action

6.

requiring Defendants to pay attorneys’ fees under 35 U.S.C. § 285;

7.

enjoining Defendants, their agents, employees, representatives, successors and

assigns, and those acting in privity or in concert with them from further infringement of the
Patents-in-Suit;
8.

in the event a final injunction is not awarded, awarding a compulsory ongoing

royalty; and
9.

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

DATED: December 8, 2011

Respectfully submitted,
McKOOL SMITH, P.C.
_/s/ Sam Baxter_____________________
Sam Baxter (Lead Counsel)
Texas State Bar No. 01938000
[e-mail]

1779609.1

14

104 East Houston Street, Suite 300
Marshall, Texas 75670
Telephone: [phone]
Telecopier: [phone]
Theodore Stevenson, III
Texas State Bar No. 19196650
[e-mail]
David Sochia
Texas State Bar No. 00797470
McKool Smith, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Steve Pollinger
Texas State Bar No. 24011919
[e-mail]
McKool Smith, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]
OF COUNSEL:
Roderick G. Dorman
[e-mail]
Lawrence M. Hadley
[e-mail]
McKool Smith, P.C.
865 South Figueroa Street, Suite 2900
Los Angeles, California 90017
Telephone [phone]
Telecopier: [phone]
Attorneys For Plaintiff
Personalweb Technologies, LLC

1779609.1

15

1779609.1

16