Case 6:21-cv-00631 Document 1 Filed 06/18/21 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`CALLSTAT SOLUTIONS LLC,
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`PLAINTIFF,
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`V.
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`XEROX CORPORATION,
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`
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`DEFENDANT.
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`CASE NO. 6:21-CV-00631
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`PATENT CASE
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`JURY TRIAL DEMANDED
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`COMPLAINT
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`Plaintiff Callstat Solutions LLC (“Plaintiff” and/or “Callstat”), through its attorneys, files
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`this Complaint against Xerox Corporation (“Defendant” and/or “Xerox”), for infringement of
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`U.S. Patent No. 6,130,761 (hereinafter the “’761 Patent”); and U.S. Patent No. 6,546,002
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`(hereinafter the “’002 Patent”) and alleges as follows:
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`PARTIES
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`1.
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`Plaintiff Callstat Solutions LLC is a corporation organized and existing under the
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`laws of Delaware that maintains its principal place of business at 261 West 35th St, Suite 1003,
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`New York, NY 10001.
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`2.
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`On information and belief, Defendant Xerox Corporation is a corporation
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`organized and existing under the laws of New York that maintains an established place of
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`business at 6836 Austin Center Blvd, Austin, TX 78729. On Information and belief, Defendant
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`may be served through its agent, Prentice-Hall Corporation System, 500 Weston St., Hartford,
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`CT 06120.
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`PLAINTIFF’S COMPLAINT AGAINST XEROX CORPORATION
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`Page | 1
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CALLSTAT SOLUTIONS LLC,
`
`
`
`
`
`PLAINTIFF,
`
`V.
`
`XEROX CORPORATION,
`
`
`
`DEFENDANT.
`
`
`
`
`
`
`
`
`
`
`CASE NO. 6:21-CV-00631
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`COMPLAINT
`
`
`
`
`
`
`
`
`Plaintiff Callstat Solutions LLC (“Plaintiff” and/or “Callstat”), through its attorneys, files
`
`this Complaint against Xerox Corporation (“Defendant” and/or “Xerox”), for infringement of
`
`U.S. Patent No. 6,130,761 (hereinafter the “’761 Patent”); and U.S. Patent No. 6,546,002
`
`(hereinafter the “’002 Patent”) and alleges as follows:
`
`PARTIES
`
`1.
`
`Plaintiff Callstat Solutions LLC is a corporation organized and existing under the
`
`laws of Delaware that maintains its principal place of business at 261 West 35th St, Suite 1003,
`
`New York, NY 10001.
`
`2.
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`On information and belief, Defendant Xerox Corporation is a corporation
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`organized and existing under the laws of New York that maintains an established place of
`
`business at 6836 Austin Center Blvd, Austin, TX 78729. On Information and belief, Defendant
`
`may be served through its agent, Prentice-Hall Corporation System, 500 Weston St., Hartford,
`
`CT 06120.
`
`PLAINTIFF’S COMPLAINT AGAINST XEROX CORPORATION
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`Page | 1
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`Case 6:21-cv-00631 Document 1 Filed 06/18/21 Page 2 of 6
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. § 271 et seq. Plaintiff is seeking damages, as well as attorney fees and
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`costs.
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`4.
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`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
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`1338(a).
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`5.
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`On information and belief, this Court has personal jurisdiction over Defendant
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`because it has engaged in systematic and continuous business activities in this District. As
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`described below, Defendant has committed acts of patent infringement giving rise to this action
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`within this District.
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`6.
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`Upon information and belief, Defendant’s instrumentalities that are alleged herein
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`to infringe were and continue to be used, imported, offered for sale, and/or sold in the District.
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`7.
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`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
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`an established place of business in this District. In addition, Defendant has committed acts of
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`patent infringement in this District, and Plaintiff has suffered harm in this district.
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`BACKGROUND
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`PATENTS-IN-SUIT
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`8.
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`Plaintiff is the assignee of all right, title and interest in United States Patent Nos.
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`6,130,761; and 6,546,002 (the “Patents-in-Suit”); including all rights to enforce and prosecute
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`actions for infringement and to collect damages for all relevant times against infringers of the
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`Patents-in-Suit. Accordingly, Plaintiff possesses the exclusive right and standing to prosecute the
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`present action for infringement of the Patents-in-Suit by Defendant.
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`PLAINTIFF’S COMPLAINT AGAINST XEROX CORPORATION
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`Page | 2
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`Case 6:21-cv-00631 Document 1 Filed 06/18/21 Page 3 of 6
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`THE ’761 PATENT
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`9.
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`The ’761 Patent is entitled “Image scanning method,” and issued 2000-10-10. The
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`application leading to the ’761 Patent was filed on 1998-05-06. A true and correct copy of the
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`’761 Patent is attached hereto as Exhibit 1 and incorporated herein by reference.
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`THE ’002 PATENT
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`10.
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`The ’002 Patent is entitled “System and method for implementing an intelligent
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`and mobile menu-interface agent,” and issued 2003-04-08. The application leading to the ’002
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`Patent was filed on 1999-07-07. A true and correct copy of the ’002 Patent is attached hereto as
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`Exhibit 2 and incorporated herein by reference.
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`COUNT 1
`(INFRINGEMENT OF THE ’761 PATENT)
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant directly infringed one or more claims of the ’761
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`11.
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`12.
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`Patent in at least this District by making, using, offering to sell, selling and/or importing, without
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`limitation, at least the Defendant products identified in the charts incorporated into this Count
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`below (among the “Exemplary Defendant Products”) that infringed at least the exemplary claims
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`of the ’761 Patent also identified in the charts incorporated into this Count below (the
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`“Exemplary ’761 Patent Claims”) literally or by the doctrine of equivalents. On information and
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`belief, numerous other devices that infringed the claims of the ’761 Patent have been made, used,
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`sold, imported, and offered for sale by Defendant and/or its customers.
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`13.
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`Defendant also directly infringed, literally or under the doctrine of equivalents,
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`the Exemplary ’761 Patent Claims, by having its employees internally test and use these
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`Exemplary Products.
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`PLAINTIFF’S COMPLAINT AGAINST XEROX CORPORATION
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`Page | 3
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`Case 6:21-cv-00631 Document 1 Filed 06/18/21 Page 4 of 6
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`14.
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`Exhibit 3 includes charts comparing the Exemplary ’761 Patent Claims to the
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`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
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`practice the technology claimed by the ’761 Patent. Accordingly, the Exemplary Defendant
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`Products incorporated in these charts satisfy all elements of the Exemplary ’761 Patent Claims.
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`15.
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`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 3.
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`16.
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`Plaintiff is entitled to recover damages adequate to compensate for Defendant's
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`infringement.
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`17.
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`18.
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`COUNT 2
`(INFRINGEMENT OF THE ’002 PATENT)
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant directly infringed one or more claims of the ’002
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`Patent in at least this District by making, using, offering to sell, selling and/or importing, without
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`limitation, at least the Defendant products identified in the charts incorporated into this Count
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`below (among the “Exemplary Defendant Products”) that infringed at least the exemplary claims
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`of the ’002 Patent also identified in the charts incorporated into this Count below (the
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`“Exemplary ’002 Patent Claims”) literally or by the doctrine of equivalents. On information and
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`belief, numerous other devices that infringed the claims of the ’002 Patent have been made, used,
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`sold, imported, and offered for sale by Defendant and/or its customers.
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`19.
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`Defendant also directly infringed, literally or under the doctrine of equivalents,
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`the Exemplary ’002 Patent Claims, by having its employees internally test and use these
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`Exemplary Products.
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`20.
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`Exhibit 4 includes charts comparing the Exemplary ’002 Patent Claims to the
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`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
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`PLAINTIFF’S COMPLAINT AGAINST XEROX CORPORATION
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`Page | 4
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`Case 6:21-cv-00631 Document 1 Filed 06/18/21 Page 5 of 6
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`practice the technology claimed by the ’002 Patent. Accordingly, the Exemplary Defendant
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`Products incorporated in these charts satisfy all elements of the Exemplary ’002 Patent Claims.
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`21.
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`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 4.
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`22.
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`Plaintiff is entitled to recover damages adequate to compensate for Defendant's
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`infringement.
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`JURY DEMAND
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`23.
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`Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
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`requests a trial by jury on all issues so triable.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests the following relief:
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`A.
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`B.
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`C.
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`D.
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`E.
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`F.
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`A judgment that the ’761 Patent is valid and enforceable
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`A judgment that Defendant has infringed directly one or more claims of the ’761
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`Patent;
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`A judgment that the ’002 Patent is valid and enforceable
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`A judgment that Defendant has infringed directly one or more claims of the ’002
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`Patent;
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`An accounting of all damages not presented at trial;
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`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendant's past infringement at least with respect to the ’761; and ’002
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`Patents.
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`G.
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`And,
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`if necessary,
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`to adequately compensate Plaintiff for Defendant's
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`infringement, an accounting:
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`PLAINTIFF’S COMPLAINT AGAINST XEROX CORPORATION
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`Page | 5
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`Case 6:21-cv-00631 Document 1 Filed 06/18/21 Page 6 of 6
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`i.
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`that this case be declared exceptional within the meaning of 35 U.S.C. § 285
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`and that Plaintiff be awarded its reasonable attorneys fees against Defendant
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`that it incurs in prosecuting this action;
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`ii.
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`that Plaintiff be awarded costs, and expenses that it incurs in prosecuting
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`this action; and
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`iii.
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`that Plaintiff be awarded such further relief at law or in equity as the Court
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`deems just and proper.
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`Dated: June 18, 2021
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`Respectfully submitted,
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`/s/Jay Johnson
`JAY JOHNSON
`State Bar No. 24067322
`KIZZIA JOHNSON, PLLC
`1910 Pacific Avenue, Suite 13000
`Dallas, Texas 75201
`(214) 451-0164
`Fax: (214) 451-0165
`Jay@kpjpllc.com
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`ATTORNEYS FOR PLAINTIFF
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`PLAINTIFF’S COMPLAINT AGAINST XEROX CORPORATION
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`Page | 6
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