UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ABNOBA IP, LLC, Plaintiff,

v. 1. ABB, INC. 2. ABB, LTD. 3. ABITIBI BOWATER, INC. 4. ABITIBI-CONSOLIDATED, INC. 5. AIM SOFTWARE SYSTEMS, INC 6. APPLETON PAPERS INC. 7. GREYCON LTD. 8. GREYCON NORTH AMERICA, INC. 9. HOLLINGSWORTH & VOSE COMPANY 10. MATRIX, INC. 11. SMURFIT-STONE CONTAINER CORPORATION 12. SYNOPSIS CONSULTING, INC. 13. TEMPLE-INLAND INC. Defendants.
Case No.

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT 1. This is an action for patent infringement in which Abnoba IP LLC (Abnoba or

Plaintiff) makes the following allegations against ABB, Inc.; ABB, Ltd.; Abitibi Bowater, Inc.; Abitibi-Consolidated, Inc.; Aim Software Systems, Inc; Appleton Papers Inc.; Greycon Ltd.; Greycon North America, Inc.; Hollingsworth & Vose Company; Matrix, Inc.; SmurfitStone Container Corporation; Synopsis Consulting, Inc.; and Temple-Inland Inc. PARTIES 2. Plaintiff Abnoba IP, LLC is a Texas limited liability company with its principal

place of business at 101 E. Park Blvd., Ste. 600, Plano, Texas, 75074-8818. 3. On information and belief, Defendant ABB, Inc. is a Delaware corporation with

its principal place of business at 12040 Regency Pkwy, Ste 200, Cary, NC 27518-7708.

Defendant ABB, Inc. may be served with process via its registered agent, CT Corporation, 350 N. Saint Paul St. Ste 2900, Dallas, TX, 75201-4234. 4. On information and belief, Defendant ABB, Ltd. is a Swiss company with its On

principal place of business at Affolternstrasse 44, CH-8050, Zurich, Switzerland.

information and belief, ABB, Ltd. may be served with process at Affolternstrasse 44, CH-8050, Zurich, Switzerland. 5. On information and belief, Defendant Abitibi Bowater, Inc. (ABI) is a

Delaware company with its principal place of business at 10 S. Academy St. 300, Greenville, SC 29601. Defendant ABI may be served with process at 10 S. Academy St. 300, Greenville, SC 29601. 6. On information and belief, Abitibi-Consolidated Inc. (ACI) is a Delaware

corporation with its principal place of business at 1155 Metcalfe Street, Ste. 800, Montral, Qubec, H3B 5H2, Canada. Defendant ACI may be served with process via its registered agent CT Corporation, 350 N. Saint Paul St. Ste 2900, Dallas, TX, 75201-4234. 7. On information and belief, Defendant AIM Software Systems, Inc. (AIM) is a

New York company with its principal place of business at 1747 Veterans Highway Ste. 44, Islandia, NY 11749. On information and belief, Defendant AIM may be served with process via its president, J. T. Martin, at 1747 Veterans Highway Ste. 44, Islandia, NY 11749. 8. On information and belief, Defendant Appleton Papers, Inc. (Appleton) is a

Delaware corporation with its principal place of business at 825 E. Wisconsin Ave., Appleton, WI, 54911-3873. On information and belief, Defendant Appleton may be served with process via its registered agent National Registered Agents, Inc., 16055 Space Center Blvd., Ste. 235, Houston, TX, 77062-6212.

9.

On information and belief, Defendant Greycon Ltd. is a UK company with its

principal place of business at 7 Calico House, Plantation Wharf, York Road, London SW11 3TN, United Kingdom. Defendant Greycon Ltd. may be served with process at 7 Calico House, Plantation Wharf, York Road, London SW11 3TN, United Kingdom. 10. On information and belief, Defendant Greycon North America, Inc. (Greycon

NA) is a Delaware corporation with its principal place of business at 2100 Southbridge Pkwy, Ste. 650, Birmingham, AL 35209-1302. Defendant Greycon NA. may be served with process via its registered agent Thierry Guyader, 2100 Southbridge Pkwy, Ste. 650, Birmingham, AL, 35209-1302. 11. On information and belief, Defendant Hollingsworth & Vose Company

(Hollingsworth) is a Massachusetts company with its principal place of business at 112 Washington St., East Walpole, MA, 02032-1008. Defendant Hollingsworth may be served with process via its registered agent Deirdre M. Murphy, 112 Washington St., East Walpole, MA, 02032-1008. 12. On information and belief, Defendant Matrix, Inc. (Matrix) is a Nevada

corporation with its principal place of business at 123 Juanita Dr., Incline Village, NV 894519533. Defendant Matrix may be served with process via its registered agent Julien G. Sourwine, 4950 Kietzke Lane, Ste. 302, Reno, Nevada, 89509-6555. 13. On information and belief, Defendant Smurfit-Stone Container Corporation

(Smurfit) is a Delaware corporation with its principal place of business at Six CityPlace Dr., Creve Coeur, MO, 63141-7157. Defendant Smurfit may be served with process via its registered agent Corporate Creations Network Inc., 4265 San Felipe St., Ste. 1100, Houston, TX, 770272998.

14.

On information and belief, Defendant Synopsis Consulting, Inc. (Synopsis) is a

California company with its principal place of business at 43 Summerstone, Irvine, CA, 926147087. On information and belief, Defendant Synopsis may be served with process via its registered agent Naushad Hirani, 43 Summerstone, Irvine, CA, 92614-7087. 15. On information and belief, Defendant Temple-Inland Inc. (Temple) is a

Delaware corporation with its principal place of business at 1300 S. Mopac Expy., Fl. 3, Austin, TX, 78746-6933. Defendant Temple may be served with process via its registered agent

Corporation Service Company, 211 E. 7th St., Ste. 620, Austin, TX, 78701-3218. JURISDICTION AND VENUE 16. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). 17. Venue is proper in this district under 28 U.S.C. 1391(c) and 1400(b). On

information and belief, Defendants have transacted business in this district, and have committed and/or induced acts of patent infringement in this district. 18. On information and belief, Defendants are subject to this courts 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.

THE PATENT-IN-SUIT 19. United States Patent No. 6,745,099 (the 099 patent), entitled System and

Method for Providing Trim Optimization Through the Pooling of Information Related to Manufacturing Configurations and Market Demands, was duly and lawfully issued on June 1, 2004, based upon an application filed by the inventor, Roger P. Hoffman. A copy of the 099 patent is attached hereto as Exhibit A. 20. Plaintiff Abnoba is the owner by assignment of the 099 patent and has the right

to sue, and recover damages, for infringement thereof. COUNT I INFRINGEMENT OF U.S. PATENT NO. 6,745,099 21. Abnoba repeats and incorporates the allegations contained in paragraphs 1

through 46 above as is set forth fully herein. 22. On information and belief, Defendants Greycon Ltd. and Greycon NA

(collectively Greycon), ABI, ACI, Appleton, Hollingsworth, Smurfit and Temple have been and now are directly infringing the 099 Patent in this judicial district, and elsewhere in the United States. Infringements by Greycon, ABI, ACI, Appleton, Hollingsworth, Smurfit and Temple include, without limitation, making, using, offering for sale, and/or selling within the United States, and/or importing into the United States, at least the X-Trim product, infringing one or more claims of the 099 Patent. By making, using, importing, offering for sale, and/or selling the X-Trim product, and all like products and related services that are covered by one or more claims of the 099 Patent, Greycon, ABI, ACI, Appleton, Hollingsworth, Smurfit and Temple are liable for infringement of the 099 Patent under 35 U.S.C. 271(a). 23. On information and belief, Defendants ABB, Inc. and ABB Ltd. (collectively

ABB) have been and now are directly infringing the 099 Patent in this judicial district, and

elsewhere in the United States. Infringements by ABB include, without limitation, making, using, offering for sale, and/or selling within the United States, and/or importing into the United States, at least the Q-Trim product, infringing one or more claims of the 099 Patent. By making, using, importing, offering for sale, and/or selling the Q-Trim product, and all like products and related services that are covered by one or more claims of the 099 Patent, ABB is liable for infringement of the 099 Patent under 35 U.S.C. 271(a). 24. On information and belief, Defendants AIM has been and now is directly

infringing the 099 Patent in this judicial district, and elsewhere in the United States. Infringements by AIM include, without limitation, making, using, offering for sale, and/or selling within the United States, and/or importing into the United States, at least the Papermill Information Management System (PIMS) product, infringing one or more claims of the 099 Patent. By making, using, importing, offering for sale, and/or selling the PIMS product, and all like products and related services that are covered by one or more claims of the 099 Patent, AIM is liable for infringement of the 099 Patent under 35 U.S.C. 271(a). 25. On information and belief, Defendants Matrix has been and now is directly

infringing the 099 Patent in this judicial district, and elsewhere in the United States. Infringements by Matrix include, without limitation, making, using, offering for sale, and/or selling within the United States, and/or importing into the United States, at least the Micro Trim product, infringing one or more claims of the 099 Patent. By making, using, importing, offering for sale, and/or selling the Micro Trim product, and all like products and related services that are covered by one or more claims of the 099 Patent, Matrix is liable for infringement of the 099 Patent under 35 U.S.C. 271(a).

26.

On information and belief, Defendants Synopsis has been and now is directly

infringing the 099 Patent in this judicial district, and elsewhere in the United States. Infringements by Synopsis include, without limitation, making, using, offering for sale, and/or selling within the United States, and/or importing into the United States, at least the Enterprise Trim Optimization (ETO) product, infringing one or more claims of the 099 Patent. By making, using, importing, offering for sale, and/or selling the ETO product, and all like products and related services that are covered by one or more claims of the 099 Patent, Synopsis is liable for infringement of the 099 Patent under 35 U.S.C. 271(a). 27. 28. Defendants have committed these infringing acts without license from Abnoba. As a result of Defendants infringement of the 099 Patent, Abnoba has suffered

monetary damages that are adequate to compensate it for the infringement under 35 U.S.C. 284, but in no event less than a reasonable royalty. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this court enter: 29. 30. A judgment in favor of Abnoba that Defendants have infringed the 099 Patent; A judgment and order requiring the Defendants to pay Plaintiff its damages, costs,

expenses, and prejudgment and post-judgment interest for Defendants infringement of the 099 patent as provided under 35 U.S.C. 284; 31. A judgment and order finding that this is an exceptional case within the meaning

of U.S.C. 285 and awarding to Plaintiff its reasonable attorneys fees; and 32. Any and all other relief to which Plaintiff may show itself to be entitled.

DEMAND FOR JURY TRIAL Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right. Respectfully submitted,

/s/ Andrew W. Spangler Scott E. Stevens State Bar No. 00792024 Gregory P. Love State Bar No. 24013060 Darrell G. Dotson State Bar No. 24002010 Todd Y. Brandt State Bar No. 24027051 STEVENS LOVE P.O. Box 3427 Longview, Texas 75606 Telephone: (903) 7536760 Facsimile: (903) 7536761 greg@stevenslove.com scott@stevenslove.com darrell@stevenslove.com todd@stevenslove.com Andrew W. Spangler Texas State Bar No. 24041960 Spangler Law, PC 208 N Green St., #300 Longview, TX 75601-7312 Telephone: (903) 753-9300 Attorneys for Abnoba IP LLC