The Regents of the University of California et al v. Facebook, Inc.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT against Facebook, Inc. ( Filing fee $ 350 receipt number 0540-3776029.), filed by The Regents of the University of California, Eolas Technologies Incorporated. (Attachments: # 1 Civil Cover Sheet)(McKool, Mike)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
The Regents of the University of California
and Eolas Technologies Incorporated,
Plaintiffs,
vs.
Facebook, Inc.,
Defendant.

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Civil Action No. 6:12-cv-619

JURY TRIAL

PLAINTIFFS’ COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs The Regents of the University of California (“Regents”) and Eolas
Technologies Incorporated (“Eolas”) (collectively “Plaintiffs”) file this Complaint for patent
infringement against Defendant Facebook, Inc. (“Facebook”), and alleges as follows:
I.
1.

PARTIES

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.
2.

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
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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.
3.

Upon information and belief, Facebook 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 156 University Avenue, Palo Alto, California 94301. Facebook
may be served with process by serving its registered agent, Corporation Service Company at 211
East Seventh Street, Suite 620, Austin, Texas 78701-3218.
II.
4.

JURISDICTION AND VENUE

Plaintiffs repeat and re-allege the allegations in Paragraphs 1–3 as though fully set

forth in their entirety.
5.

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).
6.

Personal jurisdiction exists over Facebook because it 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 Facebook

because it, 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-insuit, as described more particularly below.

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7.

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

and 1400(b).
III.
8.

PATENT INFRINGEMENT

Plaintiffs repeat and re-allege the allegations in Paragraphs 1–7 as though fully set

forth in their entirety.
9.

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” was duly and legally issued by the
United States Patent and Trademark Office on November 17, 1998 after full and fair
examination.
10.

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” was duly and
legally issued by the United States Patent and Trademark Office on October 6, 2009 after full
and fair examination.
11.

United States Patent No. 8,082,293 (“the ’293 Patent”) entitled “Distributed

hypermedia method and system for automatically invoking external application providing
interaction and display of embedded objects within a hypermedia document” was duly and
legally issued by the United States Patent and Trademark Office on December 20, 2011 after full
and fair examination.
12.

United States Patent No. 8,086,662 (“the ’662 Patent”) entitled “Distributed

hypermedia method and system for automatically invoking external application providing
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interaction and display of embedded objects within a hypermedia document” was duly and
legally issued by the United States Patent and Trademark Office on December 27, 2011 after full
and fair examination.
13.

Collectively, the ’906 Patent, the ’985 Patent, the ’293 Patent and the ’662 Patent

are referred to as the “patents” or “patents-in-suit.”
14.

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.
15.

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

inducement and/or contributory infringement), and is continuing to infringe, directly and/or
indirectly, at least one claim of each of the patents-in-suit 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.facebook.com (and
other Facebook owned and/or controlled websites) and maintained on servers located in and/or
accessible from the United States under the control of Facebook; (ii) software, including, without
limitation, software that allows content to be interactively presented in and/or served to

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browsers; and/or (iii) computer equipment, including, without limitation, computer equipment
that stores, serves, and/or runs any of the foregoing.
16.

Facebook indirectly infringes at least one claim of each of the patents-in-suit by

active inducement under 35 U.S.C. § 271(b). Facebook 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 each of the patents-in-suit. Facebook indirectly infringes one or more
claims of each of the patents-in-suit by contributory infringement under 35 U.S.C. § 271(c). By
providing the web pages, software, and computer equipment identified above, Facebook
contributes to the direct infringement of users of said web pages, software, and computer
equipment.
17.

As a direct and proximate consequence of the acts and practices of Facebook in

infringing and/or inducing the infringement of one or more claims of each of the patents-in-suit,
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.
18.

As a direct and proximate consequence of the acts and practices of Facebook in

infringing, directly and/or indirectly, one or more claims of each of the patents-in-suit, 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.
19.

In addition, the infringing acts and practices of Facebook have 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.

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IV.

PRAYER FOR RELIEF

Plaintiffs pray for the following relief:
A.

A judgment that Facebook has infringed, directly and indirectly, one or more

claims of each of the patents-in-suit;
B.

A judgment and order preliminarily and permanently enjoining Facebook, its

employees and agents, and any other person(s) in active concert or participation with it from
infringing, directly or indirectly, each of the patents-in-suit;
C.

A judgment and order requiring Facebook to pay Plaintiffs’ damages under 35

U.S.C. § 284 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.
V.

DEMAND FOR JURY TRIAL

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

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DATED: September 12, 2012.

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]
ATTORNEYS FOR PLAINTIFFS THE
REGENTS OF THE UNIVERSITY OF
CALIFORNIA AND
EOLAS TECHNOLOGIES, INC.

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