Skyline Software Systems v. Analytical Graphics

7/27/2019 Skyline Software Systems v. Analytical Graphics

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F ILED

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF V IRG IN IA

2013 JUL lb P 1-21SKYLINE SOFTWARE SYSTEMS, INC.

Plaintiff,

v .

ANALYTICAL GRAPHICS, INC.,

Defendan t .

CLERK US DISTRICT COURTALEXANDRIA. VIRGINIA

Civil A ct io n N o. j > /3 c i/3 4 /

J U RY TR I A L DEMANDED

COMPLA INT FOR PAT ENT INFRINGEMENT

Plaintiff, Skyline Software Systems, Inc. ("Skyline"), makes th e following claims

for relief against Defendant, Analytical Graphics, Inc. ("AGI"), as follows:

NATUR E OF LAWSU I T

1. This is a claim for patent infringement arising under th e patent laws of th e

United States, Title 35 of th e United States Code 1 et seq. This Court has exclusive

jurisdiction over the subject matter of the Complaint under 28 U.S.C. 1331 and

1338(a).

T H E PA RT I E S A N D T H E P A T E N T S

2. Skyline is a Delaware corporation with its principal place of business at

13873 Park Center Road, Herndon, Virginia 20171. Skyline ha s had its principal place

of business in Virginia since 2003. Skyline currently has 23 employees, 15 of whom

work in the Herndon, Virginia facility, and four of whom are located at client sites in

Virginia.

3. Skyline is in th e business of designing, developing, marketing and selling

software tools for enabl in g thr ee -d imen sion al geospatial applications, including


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SkylineGlobe. Skyline conducts these activities in and from its Herndon, Virginia facility.

As a technology company with substantial sales, Skyline depends on innovation and the

protection of the patent system to succeed in the marketplace.

4. As a result of its innovat ions , Skyline ha s obtained numerous patents,

including United States Patent No. 6,433,792, entitled, "Apparatus and Method for

Three-Dimensional Terrain Rendering" (hereinafter "the 792 patent"), United States

Patent No. 6 ,496,189, entitled, "Remote Landscape Display and Pilot Training"

(hereinafter "the '189 patent"), United States Patent No. 7,551,172, entitled, "Sending

Three-Dimensional Images Over a Network" (hereinafter "the '172 patent"), United

States Patent No. 8,237,713, entitled, "Send ing Three -Dimensional Images Over a

Network" (hereinafter "the 713 patent") and United States Patent No. 8,462,151,

entitled, "Sending Three-Dimensional Images Ove r a Network" (hereinafter "the '151

patent").

5. Skyline owns all right, title and interest in, an d has standing to sue for

infringement of, th e 792 patent, th e '189 patent, th e '172 patent, th e 713 patent and th e

'151 patent. The '189 patent, th e '172 patent, th e 713 patent an d th e '151 patent are

directly related.

6. Skyline has previously asserted its patent rights in this judicial district.

Skyline asserted th e '172 patent in Skyline Software Systems, Inc. v. Environmental

Systems Research, Institute, Inc., Civil Action No. 2:09-cv-632 (E.D. Va.). Skyline

asserted th e '172 patent an d the 713 patent in Skyline Software Systems, Inc. v. Apple

Inc., Civil Act ion No. 2:13-cv-46 (E.D. Va.), and in Skyline Software Systems, Inc. v. C3

Technologies AB, e t a/., Civil Action No. 1:13-cv-624 (E.D. Va .) . Civil Action No. 2:09-


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cv-632 and Civil Action No. 2:13-cv-46 were resolved and dismissed. Civil Action No.

1:13-cv-624 is still pending.

7. AGI is a Pennsylvania corporation with its principal place of business at

220 Valley Creek Boulevard, Exton, Pennsylvania 19341. AGI also has places of

business at 1725 I St ree t, N.W., Suite 300, Washington, D.C. 20006 and 6404 Ivy Lane,

Suite 810, Greenbelt, Maryland 20770. AGI is registered to do business in the

Commonwealth of Virginia. AGI ha s conducted business in this judicial district; ha s

purposefully availed itself of the privilege of conducting business with residents of this

judicial district, including end users of th e products accused of infringement; has

established at least minimal contacts with the Commonwealth of Virginia such that it

should reasonably and fairly anticipate being brought into court in Virginia; and has

purposefully reached out to res idents of Virginia through its marketing, provision and

sale of products, including th e products accused of infringement.

8. AGI has committed acts of i nf ringement in thi s judicial district, and

regularly transacts business in this judicial district, including marketing, providing and

selling th e products accused of infringement. Direct infringers of th e '172 patent, th e

713 patent and th e '151 patent a lso res ide in and practice the claimed inventions in this

judicial district.

9. This Court has personal jurisdiction over AGI by virtue of its tortious acts

of patent infringement which have been committed in the Commonwealth of Virginia and

in this judicial district, an d by virtue of AGI's transaction of business in th e

Commonwealth of Virginia.


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VENUE

10. Venue is proper in this judicial district under 28 U.S.C. 1391(c) and

1400(b).

AGI ' S AC T S OF PATENT INFRINGEMENT

11. AGI has made, used, offered for sale, sold and provided a software

package for streaming 3D data and imagery from a server to a client and viewing 3D

imagery at the client. This software package is made up of two components - "STK

Server" and "STK Desktop." AGI has also offered for sale, sold and provided products

having the functionalities of STK Server and/or STK Desktop under the names "STK,"

"STK Pro," "STK Engine," "STKViewer" and "AGI Globeserver." Skyline's allegations of

infringement extend to all of these software packages.

12. STK Server can host 3D data an d imagery.

13. STK Se rv e r can ru n on an In te rne t -enab led network.

14. STK Server can stream 3D imagery to an STK Desk to p client with an

In te rne t connec t i on .

15. STK Serve r can s tr eam 3D data to an STK Desktop client with an Internet

connec t i on .

16 . AGI has made STK Se rve r and STK Desktop in th e United States.

17. AGI has used STK Server and STK Desktop in th e United States.

18. AGI has used STK Server an d STK Desktop in th e United States to

stream 3D data and imagery.

19 . AGI has used STK Server and STK Desktop in th e United States to view

3D imagery.


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20. AGI has offered to sell STK Server and STK Desktop in th e United States.

21. AGI has sold STK Server and STK Desktop in th e United States.

22. AGI ha s generated revenue and profits from sales of STK Server and STK

Desktop.

23. Third parties have used STK Server and STK Desktop in th e United

S t a t e s .

24. Third parties have used STK Server an d STK Desktop in th e United

States to stream 3D data and imagery.

25. Third parties have used STK Ser ver and STK Desktop in th e United

States to view 3D imagery.

26. AGI has infringed at least claims 2, 4, 5, 6, 9, 16, 17, 19, 29, 31, 32, 34,

38-41, 49-52, 57-59, 57-59, 63-65 and 69-71 of the '172 paten t under 35 U.S.C.

271(a) by using devices tha t run STK Desktop and STK Server.

27. AGI has actively induced infringement of at l ea st c la ims 2, 4, 5, 6, 9, 16,

17, 19, 29, 31, 32, 34, 38-41, 49-52, 57-59, 63-65 and 69-71 o f t he ' 172 pat en t under 35

U.S.C. 271(b) by providing, and encouraging and aiding others to use, STK Desktop

and STK Server. Such direct infringers include purchasers of STK Desktop and STK

Server. AGI had actual notice of its infringement of th e ' 172 pat en t b efor e this sui t was

filed, and ha s acted with the specific intent to induce infringement.

28. AGI ha s infringed at least claims 1-7, 9 and 11-20 o f the 713 patent under

35 U.S .C . 271(a) by using devices that run STK Desk top and STK Server.

29 . AGI ha s actively induced infringement of claims 1-7, 9 an d 11-20 of th e

713 patent under 35 U.S.C. 271(b) by providing, and encouraging an d aiding others


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to use, STK Desktop and STK Server. Such direct infringers include purchasers of STK

Desktop and STK Server. AGI had actual notice of its infringement of the 713 patent

before this suit was filed, and has acted with th e specific intent to induce infringement.

30. AGI ha s infringed at least claims 1-5, 8-18 and 20 of th e '151 patent under

35 U.S.C. 271(a) by using devices that run STK Desktop and STK Server.

31. AGI ha s actively induced infringement of at least claims 1-5, 8-18 an d 20

of th e '151 patent under 35 U.S.C. 271(b) by providing, and encouraging and aiding

others to use, STK Desktop an d STK Server. Such direct infringers include purchasers

of STK Desktop and STK Server. AGI had actual notice of its infringement of the '151

patent before this suit was filed, and ha s acted with specific intent to induce

infringement.

32. Skyline has complied with th e marking and notice requirements of 35

U.S.C. 287; indeed, Skyline discussed th e issues of patent infringement with AGI well

befo re th is l awsui t w a s initiated.

33. AGI's infringement has injured, an d continues to injure, Skyline.

34. Skyline is entitled to recover damages adequate to compensate itfor such

infringement in an amount no less than a reasonable royalty, under 35 U.S.C. 284.

35. Further, Skyline will continue to be injured unl es s and until this Court

enter s an injunction prohibiting further infringement and inducement of infringement.

P R AY E R FO R RELIEF

WHEREFORE, Skyline, asks th is Cou rt to enter judgment against AGI an d its

subsidiaries, affiliates, agents, servants, employees and all persons in active concert or

participation with them, granting th e following relief:


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A. An award of damages adequate to compensate Skyline for th e

infringement that has occurred, together with prejudgment interest from the date

infringement of th e '172 patent began;

B. An award o f damag es adequate to compensate Skyline for th e


infringement of th e 713 patent began;

C. An award of damages adequate to compensate Skyline for the


infringement of th e '151 patent began;

D. An award to Skyline of all remedies available under 35 U.S.C.

284;

E. An award to Skyline of all remedies available under 35 U.S.C.

285;

F. A permanent injunction prohibiting further infringement and

inducement of infringement o f the '172 patent;

G. A permanent injunction prohibiting further infringement and

inducement of infringement of th e 713 patent;

H. A permanent injunction prohibiting further infringement and

inducement of infringement o f the '151 patent; and,

I. Such other and further relief as this Court or a jury may deem

proper an d just.

J U RY DEMAND

Skyline demands a trial by jury on all issues so triable.


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Date: July 16, 2013

O f counse l :

Raymond P. NiroDavid J. S h e i k h

NIRO, HALLER & NIRO181 Wes t Madison Street, Sui te 4 6 00

Chicago, Illinois 60602-4515Phone:(312)236-0733Fax:(312)236-3137

( x ^ -ly Sanborn wen (#27692)

Kristin A. Zech (#68826)COCHRAN & OWEN, LLC8000 Towe r s C r e s c e n t DriveS u i t e 1 6 0

Vienna, VA 221827 0 3 / 8 4 7 - 4 4 8 0

Fax: 7 0 3 / 8 4 7 - 4 4 9 9

Email: aowen@coch r anowen . com

kzech (S t ooch ranowen . com

Counsel for Skyline Software Systems, Inc.

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Skyline Software Systems v. Analytical Graphics