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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

:
ENTERPRISE SYSTEMS TECHNOLOGIES :
S.a.r.l., :
Plaintiff, :
:
v. : Civil Action No. 6:14-cv-553
:
AMAZON.COM INC., : J ury Trial Demanded
Defendant. :
:

COMPLAINT FOR PATENT INFRINGEMENT
1. Enterprise Systems Technologies S.a.r.l. (Enterprise or Plaintiff), for its
Complaint against Amazon.com Inc. (Amazon or Defendant), hereby alleges as follows:
THE PARTIES
2. Enterprise is a foreign corporation organized under the laws of Luxembourg,
located at 296-298 route de Longwy, Grand-Duche de Luxembourg.
3. Amazon.com Inc. is a Delaware corporation headquartered at 410 Terry Avenue
North, Seattle, Washington 98109. Amazon.com Inc., known principally as an e-commerce
reseller, is also in the business of directly or indirectly designing, making, selling in the United
States, selling in the United States after importation and importing into the United States a
variety of communications or computing devices and messaging and telephony devices that are
manufactured outside of the United States including for example but without limitation,
smartphone handsets, tablet computers, e-readers, media players, laptop computers, and other
communication- and/or computing-capable consumer electronic devices, and components
thereof. In addition, Amazon sells after importation communications or computing devices and
messaging and telephony devices of third parties, including devices manufactured and imported
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by the other entities including Samsung Electronics Co., Ltd., Samsung Electronics America,
Inc., and Samsung Telecommunications America, LLC, Motorola Mobility Holdings Inc. and
Motorola Mobility LLC, and Apple Inc.
NATURE OF THE ACTION
4. This is a civil action for the infringement of United States Patent No. 5,870,610
(the 610 Patent)(attached as Exhibit A) entitled Autoconfigurable method and system having
automated downloading; United States Patent No. 6,785,381 (the 381 Patent)(attached as
Exhibit B) entitled Telephone having improved hands free operation audio quality and method
of operation thereof; United States Patent No. 6,594,366 (the 366 Patent)(attached as Exhibit
C) entitled Headset/radio auto sensing jack; United States Patent No. 7,454,201 (the 201
Patent)(attached as Exhibit D) entitled System for providing message services through a
private network and mobile station; and United States Patent No. 6,236,642 (the 642
Patent)(attached as Exhibit E) entitled Apparatus and method for network resource
preservation (collectively, the Patents-in-Suit) under the patent laws of the United States, 35
U.S.C. 1, et. seq.
5. Enterprise is the lawful assignee and owner of all right, title and interest in and to
the Patents-in-Suit.
JURISDICTION AND VENUE
6. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a)
because this lawsuit is a civil action for patent infringement arising under the patent laws of the
United Stated, 35 U.S.C. 101, et seq.
7. This Court has personal jurisdiction over Amazon, because, upon information and
belief, Amazon has committed acts within the Eastern District of Texas giving rise to this action
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and has established minimum contacts with this forum such that the exercise of jurisdiction over
Amazon would not offend traditional notions of fair play and substantial justice. Amazon,
directly and through subsidiaries or intermediaries (including distributors, retailers, and others),
has committed and continues to commit acts of infringement in this District by among other
things offering to sell and selling products that infringe the asserted patents.
8. Venue in this district is proper under 28 U.S.C. 1400(b) and 1391(b) and (c),
because Amazon is subject to personal jurisdiction in this district and has committed acts of
infringement in this District. Amazon makes, uses, and/or sells infringing products within the
Eastern District of Texas, has continuing presence within the District, and has the requisite
minimum contacts with the District such that this venue is a fair and reasonable one. Upon
information and belief, Amazon has transacted and, at the time of the filing of this Complaint, is
continuing to transact business within the District.
COUNT I
(Amazons Infringement of the 610 Patent)
9. Paragraphs 1 through 8 are incorporated by reference as if fully restated herein.
10. Enterprise is the assignee and lawful owner of all right, title and interest in and to
the 610 Patent.
11. The 610 Patent is valid and enforceable.
12. Amazon makes, uses, sells, offers to sell, and/or imports into the United States for
subsequent sale or use products, services, methods, or processes that directly and/or indirectly
infringe, literally and/or under the doctrine of equivalents, or which employ systems,
components, and/or processes that make use of systems or processes that directly and/or
indirectly infringe, literally and/or under the doctrine of equivalents, one or more of the claims of
the 610 Patent. Such devices are communications or computing devices, or components thereof,
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including for example but without limitation, smartphone handsets, tablet computers, e-readers,
media players, laptop computers, and other communication- and/or computing-capable consumer
electronic devices, and components thereof, such Samsungs Galaxy S5 device, Apples iPhone
5S device, and Motorolas Moto G device and other similar devices embodying the 610 Patent.
13. Amazon actively, knowingly, and intentionally induced, and continues to actively,
knowingly, and intentionally induce infringement of the 610 Patent by making, using, offering
for sale, importing, and selling infringing communications or computing devices, as well as by
contracting with others to use, market, sell, offer to sell, and import infringing communications
or computing devices, all with knowledge of the 610 Patent and its claims; with knowledge that
its customers and end users will use, market, sell, offer to sell, and import infringing
communications or computing devices; and with the knowledge and the specific intent to
encourage and facilitate those infringing sales and uses of infringing communications or
computing devices through the creation and dissemination of promotional and marketing
materials, instructional materials, product manuals, and technical materials.
14. Amazon has also contributed to the infringement of others, including the end
users of infringing communications or computing devices, and continues to contribute to
infringement by others, by selling, offering to sell, and importing the infringing communications
or computing devices into the United States, knowing that those products constitute a material
part of the inventions of the 610 Patent, knowing those products to be especially made or
adapted to infringe the 610 Patent, and knowing that those products are not staple articles or
commodities of commerce suitable for substantial non-infringing use.
15. Amazon has had knowledge of and notice of the 610 Patent and its infringement
since at least, and through, the filing and service of the Complaint.
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16. Amazon has been and continues to be infringing one or more of the claims of the
610 Patent through the aforesaid acts.
17. Enterprise is entitled to recover damages adequate to compensate for Amazons
infringement.
COUNT II
(Amazons Infringement of the 381 Patent)
18. Paragraphs 1 through 17 are incorporated by reference as if fully restated herein.
19. Enterprise is the assignee and lawful owner of all right, title and interest in and to
the 381 Patent.
20. The 381 Patent is valid and enforceable.
21. Amazon makes, uses, sells, offers to sell, and/or imports into the United States for
subsequent sale or use products, services, methods, or processes that directly and/or indirectly
infringe, literally and/or under the doctrine of equivalents, or which employ systems,
components, and/or processes that make use of systems or processes that directly and/or
indirectly infringe, literally and/or under the doctrine of equivalents, one or more of the claims of
the 381 Patent. Such devices are communications or computing devices, or components thereof,
including for example but without limitation, smartphone handsets, tablet computers, e-readers,
media players, laptop computers, and other communication- and/or computing-capable consumer
electronic devices, such as Samsungs Galaxy S5 device, Apples iPhone 5S device and Apples
Macbook Air device, and Motorolas Moto E and other similar devices embodying the 381
Patent.
22. Amazon actively, knowingly, and intentionally induced, and continues to actively,
knowingly, and intentionally induce infringement of the 381 Patent by making, using, offering
for sale, importing, and selling infringing communications or computing devices, as well as by
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contracting with others to use, market, sell, offer to sell, and import infringing communications
or computing devices, all with knowledge of the 381 Patent and its claims; with knowledge that
its customers and end users will use, market, sell, offer to sell, and import infringing
communications or computing devices; and with the knowledge and the specific intent to
encourage and facilitate those infringing sales and uses of infringing communications or
computing devices through the creation and dissemination of promotional and marketing
materials, instructional materials, product manuals, and technical materials.
23. Amazon has also contributed to the infringement of others, including the end
users of infringing communications or computing devices, and continues to contribute to
infringement by others, by selling, offering to sell, and importing the infringing communications
or computing devices into the United States, knowing that those products constitute a material
part of the inventions of the 381 Patent, knowing those products to be especially made or
adapted to infringe the 381 Patent, and knowing that those products are not staple articles or
commodities of commerce suitable for substantial non-infringing use.
24. Amazon has had knowledge of and notice of the 381 Patent and its infringement
since at least, and through, the filing and service of the Complaint.
25. Amazon has and continues to infringe one or more of the claims of the 381
Patent through the aforesaid acts.
26. Enterprise is entitled to recover damages adequate to compensate for Amazons
infringement.
COUNT III
(Amazons Infringement of the 366 Patent)
27. Paragraphs 1 through 26 are incorporated by reference as if fully restated herein.
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28. Enterprise is the assignee and lawful owner of all right, title and interest in and to
the 366 Patent.
29. The 366 Patent is valid and enforceable.
30. Amazon makes, uses, sells, offers to sell, and/or imports into the United States for
subsequent sale or use products, services, methods, or processes that directly and/or indirectly
infringe, literally and/or under the doctrine of equivalents, or which employ systems,
components, and/or processes that make use of systems or processes that directly and/or
indirectly infringe, literally and/or under the doctrine of equivalents, one or more of the claims of
the 366 Patent. Such devices are communications or computing devices, or components thereof,
including for example but without limitation, smartphone handsets, tablet computers, e-readers,
media players, laptop computers, and other communication- and/or computing-capable consumer
electronic devices, and components thereof, such as Samsungs Galaxy S5 device, Apples
iPhone 5S and Macbook Air devices, and Motorolas Moto G device and other similar devices
embodying the 366 Patent.
31. Amazon actively, knowingly, and intentionally induced, and continues to actively,
knowingly, and intentionally induce infringement of the 366 Patent by making, using, offering
for sale, importing, and selling infringing communications or computing devices, as well as by
contracting with others to use, market, sell, offer to sell, and import infringing communications
or computing devices, all with knowledge of the 366 Patent and its claims; with knowledge that
its customers and end users will use, market, sell, offer to sell, and import infringing
communications or computing devices; and with the knowledge and the specific intent to
encourage and facilitate those infringing sales and uses of infringing communications or
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computing devices through the creation and dissemination of promotional and marketing
materials, instructional materials, product manuals, and technical materials.
32. Amazon has also contributed to the infringement of others, including the end
users of infringing communications or computing devices, and continues to contribute to
infringement by others, by selling, offering to sell, and importing the infringing communications
or computing devices into the United States, knowing that those products constitute a material
part of the inventions of the 366 Patent, knowing those products to be especially made or
adapted to infringe the 366 Patent, and knowing that those products are not staple articles or
commodities of commerce suitable for substantial non-infringing use.
33. Amazon has had knowledge of and notice of the 366 Patent and its infringement
since at least, and through, the filing and service of the Complaint.
34. Amazon has and continues to infringe one or more of the claims of the 366
Patent through the aforesaid acts.
35. Enterprise is entitled to recover damages adequate to compensate for Amazons
infringement.
COUNT IV
(Amazons Infringement of the 201 Patent)
36. Paragraphs 1 through 35 are incorporated by reference as if fully restated herein.
37. Enterprise is the assignee and lawful owner of all right, title and interest in and to
the 201 Patent.
38. The 201 Patent is valid and enforceable.
39. Amazon makes, uses, sells, offers to sell, and/or imports into the United States for
subsequent sale or use products, services, methods, or processes that directly and/or indirectly
infringe, literally and/or under the doctrine of equivalents, or which employ systems,
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components, and/or processes that make use of systems or processes that directly and/or
indirectly infringe, literally and/or under the doctrine of equivalents, one or more of the claims of
the 201 Patent. Such devices are communications or computing devices, or components thereof,
including for example but without limitation, smartphone handsets, tablet computers, e-readers,
media players, laptop computers, and other communication- and/or computing-capable consumer
electronic devices, such as Samsungs Galaxy S5 device, Apples iPhone 5S and Macbook Air
devices, and Motorolas Moto G device and other similar devices embodying the 201 Patent.
40. Amazon actively, knowingly, and intentionally induced, and continues to actively,
knowingly, and intentionally induce infringement of the 201 Patent by making, using, offering
for sale, importing, and selling infringing communications or computing devices, as well as by
contracting with others to use, market, sell, offer to sell, and import infringing communications
or computing devices, all with knowledge of the 201 Patent and its claims; with knowledge that
its customers and end users will use, market, sell, offer to sell, and import infringing
communications or computing devices; and with the knowledge and the specific intent to
encourage and facilitate those infringing sales and uses of infringing communications or
computing devices through the creation and dissemination of promotional and marketing
materials, instructional materials, product manuals, and technical materials.
41. Amazon has also contributed to the infringement of others, including the end
users of infringing communications or computing devices, and continues to contribute to
infringement by others, by selling, offering to sell, and importing the infringing communications
or computing devices into the United States, knowing that those products constitute a material
part of the inventions of the 201 Patent, knowing those products to be especially made or
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adapted to infringe the 201 Patent, and knowing that those products are not staple articles or
commodities of commerce suitable for substantial non-infringing use.
42. Amazon has had knowledge of and notice of the 201 Patent and its infringement
since at least, and through, the filing and service of the Complaint.
43. Amazon has and continues to infringe one or more of the claims of the 201
Patent through the aforesaid acts.
44. Enterprise is entitled to recover damages adequate to compensate for Amazons
infringement.
COUNT V
(Amazons Infringement of the 642 Patent)
45. Paragraphs 1 through 44 are incorporated by reference as if fully restated herein.
46. Enterprise is the assignee and lawful owner of all right, title and interest in and to
the 642 Patent.
47. The 642 Patent is valid and enforceable.
48. Amazon makes, uses, sells, offers to sell, and/or imports into the United States for
subsequent sale or use products, services, methods, or processes that directly and/or indirectly
infringe, literally and/or under the doctrine of equivalents, or which employ systems,
components, and/or processes that make use of systems or processes that directly and/or
indirectly infringe, literally and/or under the doctrine of equivalents, one or more of the claims of
the 642 Patent. Such devices are messaging and telephony devices, and components thereof,
including, without limitation, smartphone handsets and tablet computers, such as Amazons
Kindle Fire HDX device and other similar devices embodying the 642 Patent.
49. Amazon actively, knowingly, and intentionally induced, and continues to actively,
knowingly, and intentionally induce infringement of the 642 Patent by making, using, offering
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for sale, importing, and selling infringing messaging and telephony devices, as well as by
contracting with others to use, market, sell, offer to sell, and import infringing messaging and
telephony devices, all with knowledge of the 642 Patent and its claims; with knowledge that its
customers and end users will use, market, sell, offer to sell, and import infringing messaging and
telephony devices; and with the knowledge and the specific intent to encourage and facilitate
those infringing sales and uses of infringing messaging and telephony devices through the
creation and dissemination of promotional and marketing materials, instructional materials,
product manuals, and technical materials.
50. Amazon has also contributed to the infringement of others, including the end
users of infringing messaging and telephony devices, and continues to contribute to infringement
by others, by selling, offering to sell, and importing the infringing messaging and telephony
devices into the United States, knowing that those products constitute a material part of the
inventions of the 642 Patent, knowing those products to be especially made or adapted to
infringe the 642 Patent, and knowing that those products are not staple articles or commodities
of commerce suitable for substantial non-infringing use.
51. Amazon has had knowledge of and notice of the 642 Patent and its infringement
since at least, and through, the filing and service of the Complaint.
52. Amazon has and continues to infringe one or more of the claims of the 642
Patent through the aforesaid acts.
53. Enterprise is entitled to recover damages adequate to compensate for Amazons
infringement.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests the following relief:
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a) A judgment that the 610 Patent, the 381 Patent, the 366 Patent, the 201 Patent,
and the 642 Patent are valid and enforceable.
b) A judgment that Defendant has infringed, contributorily infringed, and/or induced
infringement of one or more claims of the 610 Patent;
c) A judgment that Defendant has infringed, contributorily infringed, and/or induced
infringement of one or more claims of the 381 Patent;
d) A judgment that Defendant has infringed, contributorily infringed, and/or induced
infringement of one or more claims of the366 Patent;
e) A judgment that Defendant has infringed, contributorily infringed, and/or induced
infringement of one or more claims of the 201 Patent;
f) A judgment that Defendant has infringed, contributorily infringed, and/or induced
infringement of one or more claims of the 642 Patent; and
g) A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. 284
for Defendants past infringement, and any continuing or future infringement of the
Patents-in-Suit, up until the date such judgment is entered, including interest, costs, and
disbursements as justified under 35 U.S.C. 284 and, if necessary, to adequately
compensate Plaintiff for Defendants infringement, an accounting:
i. that this case be declared exceptional within the meaning of 35 U.S.C. 285 and
that Plaintiff be awarded its reasonable attorneys fees against Defendant that it
incurs in prosecuting this action;
ii. that Plaintiff be awarded costs, and expenses that it incurs in prosecuting this
action; and
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iii. that Plaintiff be awarded such further relief at law or in equity as the Court deems
just and proper.

DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury on all claims and issues so triable.

DATED: J une 17, 2014 Respectfully submitted,
/s/ J ames M. Wodarski (w/permission T.
J ohn Ward, J r.)
J ames M. Wodarski (Lead Attorney)
Michael T. Renaud
Michael J . McNamara
Aarti Shah
Andrew H. DeVoogd
MINTZ LEVIN COHN FERRIS
GLOVSKY AND POPEO PC
Boston, MA 02111
Tel: 617-542-6000
Fax: 617-542-2241
www.mintz.com

T. J ohn Ward, J r.
Texas State Bar No. 00794818
WARD & SMITH LAW FIRM
1127 J udson Road, Ste. 220
Longview, Texas 75601
Telephone: (903) 757-6400
Facsimile: (903) 757-2323
E-mail: [email protected]

ATTORNEYS FOR PLAINTIFF