Case 6:17-cv-00183-JRG Document 1 Filed 03/24/17 Page 1 of 6 PageID #: 1
`
`IMPLICIT, LLC,
`Plaintiff,
`
`
`v.
`
`TREND MICRO, INC.,
`
` Defendant.
`
`
`
` CIVIL ACTION NO. 6:17-cv-183
`
`
`
`
` JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Implicit, LLC (“Plaintiff” or “Implicit”), by and through its attorneys, for its
`
`Original Complaint against Trend Micro, Inc. (“Defendant” or “Trend Micro”), and demanding
`
`trial by jury, hereby alleges as follows:
`
`I. NATURE OF THE ACTION
`This is an action for patent infringement arising under the patent laws of the
`
`1.
`
`United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages resulting from
`
`Defendant’s unauthorized use, sale, and offer to sell in the United States of products, methods,
`
`processes, services and/or systems that infringe Implicit’s United States patent, as described
`
`herein.
`
`II. PARTIES
`Plaintiff Implicit is a limited liability corporation organized and existing under the
`
`2.
`
`laws of the state of Texas, with its principal place of business at 600 Congress Avenue, 14th
`
`Floor, STE 14149, Austin, Texas 78701.
`
`3.
`
`On information and belief, Defendant Trend Micro, Inc. is a corporation
`
`organized under the laws of California, having a principal place of business at 225 E. John
`
`
`
`IMPLICIT, LLC,
`Plaintiff,
`
`
`v.
`
`TREND MICRO, INC.,
`
` Defendant.
`
`
`
` CIVIL ACTION NO. 6:17-cv-183
`
`
`
`
` JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Implicit, LLC (“Plaintiff” or “Implicit”), by and through its attorneys, for its
`
`Original Complaint against Trend Micro, Inc. (“Defendant” or “Trend Micro”), and demanding
`
`trial by jury, hereby alleges as follows:
`
`I. NATURE OF THE ACTION
`This is an action for patent infringement arising under the patent laws of the
`
`1.
`
`United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages resulting from
`
`Defendant’s unauthorized use, sale, and offer to sell in the United States of products, methods,
`
`processes, services and/or systems that infringe Implicit’s United States patent, as described
`
`herein.
`
`II. PARTIES
`Plaintiff Implicit is a limited liability corporation organized and existing under the
`
`2.
`
`laws of the state of Texas, with its principal place of business at 600 Congress Avenue, 14th
`
`Floor, STE 14149, Austin, Texas 78701.
`
`3.
`
`On information and belief, Defendant Trend Micro, Inc. is a corporation
`
`organized under the laws of California, having a principal place of business at 225 E. John
`
`
`
`Case 6:17-cv-00183-JRG Document 1 Filed 03/24/17 Page 2 of 6 PageID #: 2
`
`Carpenter Freeway, Suite 1500, Irving, Texas 75062. Trend Micro’s registered agent for service
`
`of process in Texas is Ruth Ann Roman, 225 E. John Carpenter Freeway, Suite 1500, Irving,
`
`Texas 75062.
`
`III. JURISDICTION AND VENUE
`This is an action for patent infringement which arises under the Patent Laws of
`
`4.
`
`the United States, in particular, 35 U.S.C. §§ 271, 281, 283, 284 and 285.
`
`5.
`
`This Court has exclusive jurisdiction over the subject matter of this action under
`
`28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`On information and belief, venue is proper in this district pursuant to 28 U.S.C.
`
`§§ 1391(b), 1391(c), and 1400(b) because Defendant has transacted business in this district, and
`
`has committed and/or induced acts of patent infringement in this district.
`
`7.
`
`On information and belief, Defendant Trend Micro 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.
`
`IV. FACTUAL ALLEGATIONS
`Implicit Networks, Inc. (“Implicit Networks”) provides software platforms and
`
`8.
`
`products that enable OEMs and ISVs to build applications for networks. Its products include
`
`Strings OS, which enables OEMs and ISVs to build, deploy, and manage applications in the
`
`network and on the devices that access the network; and RADkit, a toolkit designed specifically
`
`to build applications for network infrastructure and for devices that access the network. The
`
`company was founded in 1996 and is based in Austin, Texas.
`
`Complaint for Patent Infringement
`-2-
`
`
`
`Case 6:17-cv-00183-JRG Document 1 Filed 03/24/17 Page 3 of 6 PageID #: 3
`
`9.
`
`U.S. Patent No. 9,591,104 (the “’104 patent”), entitled “Method and System for
`
`Data Demultiplexing,” issued on March 7, 2017.
`
`10.
`
`The foregoing patent is referred to herein as the “Patent-in-Suit.” Implicit is the
`
`current assignee of the Patent-in-Suit, and has all rights to sue for infringement and collect past
`
`and future damages for the infringement thereof.
`
`11.
`
`Defendant Trend Micro provides software and services directed to analysis and
`
`detection of packet content including attacks arising in a data network environment. For
`
`example, Trend Micro makes, uses, sells and deploys Deep Security, which performs deep
`
`packet inspection of traffic in a data network.
`
`12.
`
`Deep Packet Inspection technology as implemented by Trend Micro enables the
`
`Deep Security product to analyze and respond to the contents of packets at multiple
`
`communication protocol layers.
`
`13.
`
`Defendant Trend Micro offers products such as Trend Micro Deep Security 8.0
`
`(“Deep Security”) that infringe United States Patent No. 9,591,104. Deep Security consists of the
`
`following set of components that work together to provide protection: Deep Security Manager,
`
`Deep Security Virtual Appliance, Deep Security Agent, Deep Security Relay and Deep Security
`
`Notifier along with Smart Protection Servers.
`
`14.
`
`On information of belief, Defendant Trend Micro also implements contractual
`
`protections in the form of license agreements with its customers to preclude the unauthorized
`
`reproduction, distribution and modification of its software. Moreover, on information and belief,
`
`Defendant Trend Micro implements technical precautions to attempt to thwart customers who
`
`would circumvent the intended operation of Trend Micro’s products.
`
`Complaint for Patent Infringement
`-3-
`
`
`
`Case 6:17-cv-00183-JRG Document 1 Filed 03/24/17 Page 4 of 6 PageID #: 4
`
`V. COUNT ONE
`
`INFRINGEMENT OF U.S. PATENT NO. 9,591,104
`
`15.
`
`Implicit incorporates by reference its allegations in Paragraphs 1-14 as if fully
`
`restated in this paragraph.
`
`16.
`
`Implicit is the assignee and owner of all right, title and interest to the ’104 Patent.
`
`Implicit has the legal right to enforce the patent, sue for infringement, and seek equitable relief
`
`and damages.
`
`17.
`
`On information and belief, Defendant Trend Micro, without authorization or
`
`license from Implicit, has been and is presently directly infringing the ’104 Patent, as
`
`infringement is defined by 35 U.S.C. § 271(a), including through making, using, selling and
`
`offering for sale methods and articles infringing one or more claims of the ’104 Patent.
`
`Defendant Trend Micro is thus liable for direct infringement of the ’104 Patent pursuant to 35
`
`U.S.C. § 271(a).
`
`18.
`
`On information and belief, at least since the filing of this Complaint, Defendant
`
`Trend Micro, without authorization or license from Implicit, has been and is presently indirectly
`
`infringing the ’104 Patent, including actively inducing infringement of the ’104 Patent under 35
`
`U.S.C. § 271(b). Such inducements include without limitation, with specific intent to encourage
`
`the infringement, knowingly inducing consumers to use infringing articles and methods that
`
`Trend Micro knows or should know infringe one or more claims of the ’104 Patent. Trend Micro
`
`instructs its customers to make and use the patented inventions of the ’104 patent by operating
`
`Trend Micro’s products in accordance with Trend Micro’s specifications. Trend Micro
`
`specifically intends its customers to infringe by using the deep packet inspection technology of
`
`the Deep Security in accordance with those instructions and specifications in an infringing
`
`manner.
`
`Complaint for Patent Infringement
`-4-
`
`
`
`Case 6:17-cv-00183-JRG Document 1 Filed 03/24/17 Page 5 of 6 PageID #: 5
`
`19.
`
`Trend Micro is accused of infringing the ’104 Patent by satisfying every element
`
`and limitation of at least one or more of claim 1 and claims dependent therefrom.
`
`20.
`
`As a result of Trend Micro’s infringement of the ’104 Patent, Implicit has suffered
`
`monetary damages, and is entitled to an award of damages adequate to compensate it for such
`
`infringement under 35 U.S.C. § 284, but in no event less than a reasonable royalty.
`
`VI. JURY DEMAND
`Plaintiff Implicit demands a trial by jury of all matters to which it is entitled to
`
`21.
`
`trial by jury, pursuant to FED. R. CIV. P. 38.
`
`VII. PRAYER FOR RELIEF
`WHEREFORE, Implicit prays for judgment and seeks relief against Defendant as
`
`follows:
`
`A.
`
`That the Court determine that one or more claims of the Patent-in-Suit is infringed
`
`by Defendant Trend Micro, either literally or under the doctrine of equivalents;
`
`B.
`
`That the Court award damages adequate to compensate Implicit for the patent
`
`infringement that has occurred, together with prejudgment and post-judgment
`
`interest and costs, and an ongoing royalty for continued infringement;
`
`C.
`
`D.
`
`That the Court permanently enjoin Defendant pursuant to 35 U.S.C. § 283; and
`
`That the Court award such other relief to Implicit as the Court deems just and
`
`proper.
`
`
`
`
`
`Complaint for Patent Infringement
`-5-
`
`
`
`Case 6:17-cv-00183-JRG Document 1 Filed 03/24/17 Page 6 of 6 PageID #: 6
`
`Dated: March 24, 2017
`
`
`
`Respectfully submitted,
`
`By: /s/ William E. Davis, III
`William E. Davis, III
`Texas State Bar No. 24047416
`THE DAVIS FIRM, PC
`213 N. Fredonia Street, Suite 230
`Longview, Texas 75601
`Telephone: (903) 230-9090
`Facsimile: (903) 230-9661
`E-mail: bdavis@bdavisfirm.com
`
`Andrew G. DiNovo
`Texas State Bar No. 00790594
`adinovo@dpelaw.com
`Jay D. Ellwanger
`Texas State Bar No. 24036522
`jellwanger@dpelaw.com
`Christopher V. Goodpastor
`Texas State Bar No. 00791991
`cgoodpastor@dpelaw.com
`Daniel L. Schmid
`Texas State Bar No. 24093118
`dschmid@dpelaw.com
`DINOVO PRICE ELLWANGER
`& HARDY LLP
`7000 N. MoPac Expressway, Suite 350
`Austin, Texas 78731
`Telephone: (512) 539-2626
`Telecopier: (512) 539-2627
`
`Counsel for Plaintiff
`Implicit, LLC
`
`
`
`Complaint for Patent Infringement
`-6-
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
