IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ) ) ) ) ) Civil Action No.

13-CV-587 ) ) JURY TRIAL DEMANDED ) ) ) ) )

FISHER-ROSEMOUNT SYSTEMS, INC., Plaintiff, v. INVENSYS SYSTEMS, INC., Defendant.

COMPLAINT For its Complaint, Plaintiff Fisher-Rosemount Systems, Inc. (Fisher-Rosemount) complains against Defendant Invensys Systems, Inc. (Invensys) as follows: THE PARTIES 1. Plaintiff Fisher-Rosemount is a corporation incorporated under the laws of

Delaware with its principal place of business at 1100 W. Louis Henna Blvd., Bldg. 1, Round Rock, Texas 78681, within this judicial district. 2. Upon information and belief, Invensys is a corporation incorporated under the

laws of the Commonwealth of Massachusetts having a principal place of business at 10900 Equity Drive, Houston, Texas 77041. JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the patent laws of the This Court, therefore, has

United States, specifically Title 35 of the United States Code.

jurisdiction over the subject matter pursuant to 28 U.S.C. 1331 and 1338(a). 4.
4842-0505-6532.1

This Court has personal jurisdiction over Invensys. Upon information and belief,

Invensys conducts business in this State and is making, using, selling, importing, and/or offering for sale infringing products, including but not limited to the Invensys InFusion Enterprise Control System, in this State, including but not limited to, within this judicial district. 5. Venue properly lies in this District pursuant to 28 U.S.C. 1391(b) and (c) and

28 U.S.C. 1400 because Invensys is amenable to personal jurisdiction in this District. COUNT I INFRINGEMENT OF U.S. PATENT NO. 5,594,858 6. Fisher-Rosemount realleges and incorporates by reference, as if fully set forth

herein, all of the allegations contained in paragraphs 1-5 of this Complaint. 7. U.S. Patent No. 5,594,858 (858 patent), entitled Uniform Control Template

Generating System and Method for Process Control Programming, was duly and legally issued on January 14, 1997, by the United States Patent and Trademark Office. A true and correct copy of the 858 patent is attached hereto as Exhibit A. 8. Fisher-Rosemount is the record owner of the 858 patent by virtue of an

assignment and owns all right, title, and interest in the 858 patent. 9. Upon information and belief, Invensys has been and currently is infringing, either

literally or under the doctrine of equivalents, the 858 patent by, among other things: (1) making, using, selling, importing, and/or offering for sale, within the United States, products that are covered by one or more claims of the 858 patent, including but not limited to Invensys InFusion Enterprise Control System; (2) contributing to the making, using, selling, importing, and/or offering for sale, within the United States, of products that are covered by one or more claims of the 858 patent by selling a material component of the patented invention that does not have substantial non-infringing uses, including but not limited to Invensys InFusion Enterprise Control System or any substantially similar component, with knowledge that it will be

2
4842-0505-6532.1

used in the infringement of the 858 patent; and/or (3) inducing its customers, distributors and others in the chain of distribution to make, use, sell, import and/or offer for sale products that are covered by one or more claims of the 858 patent, including but not limited to Invensys InFusion Enterprise Control System, with knowledge of and intent that its customers, distributors and others in the chain of distribution infringe the 858 patent, all in violation of 35 U.S.C. 271. 10. Upon information and belief, Invensys has been and continues to be aware of the

858 patent and has and continues to willfully infringe the 858 patent. 11. Fisher-Rosemount has been and will continue to be damaged by Invensys

infringement of the 858 patent and will be irreparably harmed unless that infringement is enjoined. COUNT II INFRINGEMENT OF U.S. PATENT NO. 5,838,563 12. Fisher-Rosemount realleges and incorporates by reference, as if fully set forth

herein, all of the allegations contained in paragraphs 1-11 of this Complaint. 13. U.S. Patent No. 5,838,563 (563 patent), entitled System for Configuring a

Process Control Environment, was duly and legally issued on November 17, 1998, by the United States Patent and Trademark Office. A true and correct copy of the 563 patent is attached hereto as Exhibit B. 14. Fisher-Rosemount is the record owner of the 563 patent by virtue of an

assignment and owns all right, title, and interest in the 563 patent. 15. Upon information and belief, Invensys has been and currently is infringing, either

literally or under the doctrine of equivalents, the 563 patent by, among other things: (1) making, using, selling, importing, and/or offering for sale, within the United States, products that are

3
4842-0505-6532.1

covered by one or more claims of the 563 patent, including but not limited to Invensys InFusion Enterprise Control System; (2) contributing to the making, using, selling, importing, and/or offering for sale, within the United States, of products that are covered by one or more claims of the 563 patent by selling a material component of the patented invention that does not have substantial non-infringing uses, including but not limited to Invensys InFusion Enterprise Control System or any substantially similar component, with knowledge that it will be used in the infringement of the 563 patent; and/or (3) inducing its customers, distributors and others in the chain of distribution to make, use, sell, import and/or offer for sale products that are covered by one or more claims of the 563 patent, including but not limited to Invensys InFusion Enterprise Control System, with knowledge of and intent that its customers, distributors and others in the chain of distribution infringe the 563 patent, all in violation of 35 U.S.C. 271. 16. Upon information and belief, Invensys has been and continues to be aware of the

563 patent and has and continues to willfully infringe the 563 patent. 17. Fisher-Rosemount has been and will continue to be damaged by Invensys

infringement of the 563 patent and will be irreparably harmed unless that infringement is enjoined. COUNT III INFRINGEMENT OF U.S. PATENT NO. 6,078,320 18. Fisher-Rosemount realleges and incorporates by reference, as if fully set forth

herein, all of the allegations contained in paragraphs 1-17 of this Complaint. 19. U.S. Patent No. 6,078,320 (320 patent), entitled System for Configuring a

Process Control Environment, was duly and legally issued on June 20, 2000, by the United States Patent and Trademark Office. A true and correct copy of the 320 patent is attached

4
4842-0505-6532.1

hereto as Exhibit C. 20. Fisher-Rosemount is the record owner of the 320 patent by virtue of an

assignment and owns all right, title, and interest in the 320 patent. 21. Upon information and belief, Invensys has been and currently is infringing, either

literally or under the doctrine of equivalents, the 320 patent by, among other things: (1) making, using, selling, importing, and/or offering for sale, within the United States, products that are covered by one or more claims of the 320 patent, including but not limited to Invensys InFusion Enterprise Control System; (2) contributing to the making, using, selling, importing, and/or offering for sale, within the United States, of products that are covered by one or more claims of the 320 patent by selling a material component of the patented invention that does not have substantial non-infringing uses, including but not limited to Invensys InFusion Enterprise Control System or any substantially similar component, with knowledge that it will be used in the infringement of the 320 patent; and/or (3) inducing its customers, distributors and others in the chain of distribution to make, use, sell, import and/or offer for sale products that are covered by one or more claims of the 320 patent, including but not limited to Invensys InFusion Enterprise Control System, with knowledge of and intent that its customers, distributors and others in the chain of distribution infringe the 320 patent, all in violation of 35 U.S.C. 271. 22. Upon information and belief, Invensys has been and continues to be aware of the

320 patent and has and continues to willfully infringe the 320 patent. 23. Fisher-Rosemount has been and will continue to be damaged by Invensys

infringement of the 320 patent and will be irreparably harmed unless that infringement is enjoined.

5
4842-0505-6532.1

COUNT IV INFRINGEMENT OF U.S. PATENT NO. 5,801,942 24. Fisher-Rosemount realleges and incorporates by reference, as if fully set forth

herein, all of the allegations contained in paragraphs 1-23 of this Complaint. 25. U.S. Patent No. 5,801,942 (942 patent), entitled Process Control System User

Interface Including Selection of Multiple Control Languages, was duly and legally issued on September 1, 1998, by the United States Patent and Trademark Office. A true and correct copy of the 942 patent is attached hereto as Exhibit D. 26. Fisher-Rosemount is the record owner of the 942 patent by virtue of an

assignment and owns all right, title, and interest in the 942 patent. 27. Upon information and belief, Invensys has been and currently is infringing, either

literally or under the doctrine of equivalents, the 942 patent by, among other things: (1) making, using, selling, importing, and/or offering for sale, within the United States, products that are covered by one or more claims of the 942 patent, including but not limited to Invensys InFusion Enterprise Control System; (2) contributing to the making, using, selling, importing, and/or offering for sale, within the United States, of products that are covered by one or more claims of the 942 patent by selling a material component of the patented invention that does not have substantial non-infringing uses, including but not limited to Invensys InFusion Enterprise Control System or any substantially similar component, with knowledge that it will be used in the infringement of the 942 patent; and/or (3) inducing its customers, distributors and others in the chain of distribution to make, use, sell, import and/or offer for sale products that are covered by one or more claims of the 942 patent, including but not limited to Invensys InFusion Enterprise Control System, with knowledge of and intent that its customers, distributors and others in the chain of distribution infringe the 942 patent, all in violation of

6
4842-0505-6532.1

35 U.S.C. 271. 28. Upon information and belief, Invensys has been and continues to be aware of the

942 patent and has and continues to willfully infringe the 942 patent. 29. Fisher-Rosemount has been and will continue to be damaged by Invensys

infringement of the 942 patent and will be irreparably harmed unless that infringement is enjoined. COUNT V INFRINGEMENT OF U.S. PATENT NO. 7,043,311 B2 30. Fisher-Rosemount realleges and incorporates by reference, as if fully set forth

herein, all of the allegations contained in paragraphs 1-29 of this Complaint. 31. U.S. Patent No. 7,043,311 B2 (311 patent), entitled Module Class Objects in a

Process Plant Configuration System, was duly and legally issued on May 9, 2006, by the United States Patent and Trademark Office. A true and correct copy of the 311 patent is attached hereto as Exhibit E. 32. Fisher-Rosemount is the record owner of the 311 patent by virtue of an

assignment and owns all right, title, and interest in the 311 patent. 33. Upon information and belief, Invensys has been and currently is infringing, either

literally or under the doctrine of equivalents, the 311 patent by, among other things: (1) making, using, selling, importing, and/or offering for sale, within the United States, products that are covered by one or more claims of the 311 patent, including but not limited to Invensys InFusion Enterprise Control System; (2) contributing to the making, using, selling, importing, and/or offering for sale, within the United States, of products that are covered by one or more claims of the 311 patent by selling a material component of the patented invention that does not have substantial non-infringing uses, including but not limited to Invensys InFusion

7
4842-0505-6532.1

Enterprise Control System or any substantially similar component, with knowledge that it will be used in the infringement of the 311 patent; and/or (3) inducing its customers, distributors and others in the chain of distribution to make, use, sell, import and/or offer for sale products that are covered by one or more claims of the 311 patent, including but not limited to Invensys InFusion Enterprise Control System, with knowledge of and intent that its customers, distributors and others in the chain of distribution infringe the 311 patent, all in violation of 35 U.S.C. 271. 34. Upon information and belief, Invensys has been and continues to be aware of the

311 patent and has and continues to willfully infringe the 311 patent. 35. Fisher-Rosemount has been and will continue to be damaged by Invensys

infringement of the 311 patent and will be irreparably harmed unless that infringement is enjoined. COUNT VI INFRINGEMENT OF U.S. PATENT NO. 7,971,052 B2 36. Fisher-Rosemount realleges and incorporates by reference, as if fully set forth

herein, all of the allegations contained in paragraphs 1-35 of this Complaint. 37. U.S. Patent No. 7,971,052 B2 (1052 patent), entitled Configuration System

Using Security Objects in a Process Plant, was duly and legally issued on June 28, 2011, by the United States Patent and Trademark Office. A true and correct copy of the 1052 patent is attached hereto as Exhibit F. 38. Fisher-Rosemount is the record owner of the 1052 patent by virtue of an

assignment and owns all right, title, and interest in the 1052 patent. 39. Upon information and belief, Invensys has been and currently is infringing, either

literally or under the doctrine of equivalents, the 1052 patent by, among other things:

8
4842-0505-6532.1

(1) making, using, selling, importing, and/or offering for sale, within the United States, products that are covered by one or more claims of the 1052 patent, including but not limited to Invensys InFusion Enterprise Control System; (2) contributing to the making, using, selling, importing, and/or offering for sale, within the United States, of products that are covered by one or more claims of the 1052 patent by selling a material component of the patented invention that does not have substantial non-infringing uses, including but not limited to Invensys InFusion Enterprise Control System or any substantially similar component, with knowledge that it will be used in the infringement of the 1052 patent; and/or (3) inducing its customers, distributors and others in the chain of distribution to make, use, sell, import and/or offer for sale products that are covered by one or more claims of the 1052 patent, including but not limited to Invensys InFusion Enterprise Control System, with knowledge of and intent that its customers, distributors and others in the chain of distribution infringe the 1052 patent, all in violation of 35 U.S.C. 271. 40. Upon information and belief, Invensys has been and continues to be aware of the

1052 patent and has and continues to willfully infringe the 1052 patent. 41. Fisher-Rosemount has been and will continue to be damaged by Invensys

infringement of the 1052 patent and will be irreparably harmed unless that infringement is enjoined. COUNT VII INFRINGEMENT OF U.S. PATENT NO. 7,117,052 B2 42. Fisher-Rosemount realleges and incorporates by reference, as if fully set forth

herein, all of the allegations contained in paragraphs 1-41 of this Complaint. 43. U.S. Patent No. 7,117,052 B2 (7052 patent), entitled Version Control for

Objects in a Process Plant Configuration System, was duly and legally issued on October 3,

9
4842-0505-6532.1

2006, by the United States Patent and Trademark Office. A true and correct copy of the 7052 patent is attached hereto as Exhibit G. 44. Fisher-Rosemount is the record owner of the 7052 patent by virtue of an

assignment and owns all right, title, and interest in the 7052 patent. 45. Upon information and belief, Invensys has been and currently is infringing, either

literally or under the doctrine of equivalents, the 7052 patent by, among other things: (1) making, using, selling, importing, and/or offering for sale, within the United States, products that are covered by one or more claims of the 7052 patent, including but not limited to Invensys InFusion Enterprise Control System; (2) contributing to the making, using, selling, importing, and/or offering for sale, within the United States, of products that are covered by one or more claims of the 7052 patent by selling a material component of the patented invention that does not have substantial non-infringing uses, including but not limited to Invensys InFusion Enterprise Control System or any substantially similar component, with knowledge that it will be used in the infringement of the 7052 patent; and/or (3) inducing its customers, distributors and others in the chain of distribution to make, use, sell, import and/or offer for sale products that are covered by one or more claims of the 7052 patent, including but not limited to Invensys InFusion Enterprise Control System, with knowledge of and intent that its customers, distributors and others in the chain of distribution infringe the 7052 patent, all in violation of 35 U.S.C. 271. 46. Upon information and belief, Invensys has been and continues to be aware of the

7052 patent and has and continues to willfully infringe the 7052 patent. 47. Fisher-Rosemount has been and will continue to be damaged by Invensys

infringement of the 7052 patent and will be irreparably harmed unless that infringement is

10
4842-0505-6532.1

enjoined. COUNT VIII INFRINGEMENT OF U.S. PATENT NO. 7,729,792 B2 48. Fisher-Rosemount realleges and incorporates by reference, as if fully set forth

herein, all of the allegations contained in paragraphs 1-47 of this Complaint. 49. U.S. Patent No. 7,729,792 B2 (792 patent), entitled Version Control for

Objects in a Process Plant Configuration System, was duly and legally issued on June 1, 2010, by the United States Patent and Trademark Office. A true and correct copy of the 792 patent is attached hereto as Exhibit H. 50. Fisher-Rosemount is the record owner of the 792 patent by virtue of an

assignment and owns all right, title, and interest in the 792 patent. 51. Upon information and belief, Invensys has been and currently is infringing, either

literally or under the doctrine of equivalents, the 792 patent by, among other things: (1) making, using, selling, importing, and/or offering for sale, within the United States, products that are covered by one or more claims of the 792 patent, including but not limited to Invensys InFusion Enterprise Control System; (2) contributing to the making, using, selling, importing, and/or offering for sale, within the United States, of products that are covered by one or more claims of the 792 patent by selling a material component of the patented invention that does not have substantial non-infringing uses, including but not limited to Invensys InFusion Enterprise Control System or any substantially similar component, with knowledge that it will be used in the infringement of the 792 patent; and/or (3) inducing its customers, distributors and others in the chain of distribution to make, use, sell, import and/or offer for sale products that are covered by one or more claims of the 792 patent, including but not limited to Invensys InFusion Enterprise Control System, with knowledge of and intent that its customers,

11
4842-0505-6532.1

distributors and others in the chain of distribution infringe the 792 patent, all in violation of 35 U.S.C. 271. 52. Upon information and belief, Invensys has been and continues to be aware of the

792 patent and has and continues to willfully infringe the 792 patent. 53. Fisher-Rosemount has been and will continue to be damaged by Invensys

infringement of the 792 patent and will be irreparably harmed unless that infringement is enjoined. COUNT IX INFRINGEMENT OF U.S. PATENT NO. 6,742,136 B2 54. Fisher-Rosemount realleges and incorporates by reference, as if fully set forth

herein, all of the allegations contained in paragraphs 1-53 of this Complaint. 55. U.S. Patent No. 6,742,136 B2 (136 patent), entitled Redundant Devices in a

Process Control System, was duly and legally issued on May 25, 2004, by the United States Patent and Trademark Office. A true and correct copy of the 136 patent is attached hereto as Exhibit I. 56. Fisher-Rosemount is the record owner of the 136 patent by virtue of an

assignment and owns all right, title, and interest in the 136 patent. 57. Upon information and belief, Invensys has been and currently is infringing, either

literally or under the doctrine of equivalents, the 136 patent by, among other things: (1) making, using, selling, importing, and/or offering for sale, within the United States, products that are covered by one or more claims of the 136 patent, including but not limited to Invensys InFusion Enterprise Control System; (2) contributing to the making, using, selling, importing, and/or offering for sale, within the United States, of products that are covered by one or more claims of the 136 patent by selling a material component of the patented invention that does not

12
4842-0505-6532.1

have substantial non-infringing uses, including but not limited to Invensys InFusion Enterprise Control System or any substantially similar component, with knowledge that it will be used in the infringement of the 136 patent; and/or (3) inducing its customers, distributors and others in the chain of distribution to make, use, sell, import and/or offer for sale products that are covered by one or more claims of the 136 patent, including but not limited to Invensys InFusion Enterprise Control System, with knowledge of and intent that its customers, distributors and others in the chain of distribution infringe the 136 patent, all in violation of 35 U.S.C. 271. 58. Upon information and belief, Invensys has been and continues to be aware of the

136 patent and has and continues to willfully infringe the 136 patent. 59. Fisher-Rosemount has been and will continue to be damaged by Invensys

infringement of the 136 patent and will be irreparably harmed unless that infringement is enjoined. PRAYER FOR RELIEF WHEREFORE, Fisher-Rosemount respectfully requests the following relief: A. A judgment that Invensys has infringed, directly or indirectly, either literally or

under the doctrine of equivalents, U.S. Patent Nos. 5,594,858; 5,838,563; 6,078,320; 5,801,942; 7,043,311 B2; 7,971,052 B2; 7,117,052 B2; 7,729,792 B2; and 6,742,136 B2; B. A permanent injunction issued pursuant to 35 U.S.C. 283 restraining and

enjoining Invensys and their officers, directors, agents, servants, attorney, employees, and all others acting in privity or concert with them, from infringement of U.S. Patent Nos. 5,594,858; 5,838,563; 6,078,320; 5,801,942; 7,043,311 B2; 7,971,052 B2; 7,117,052 B2; 7,729,792 B2; and 6,742,136 B2 for the full term thereof and/or grant such other injunctive relief as this Court

13
4842-0505-6532.1

deems just and proper; C. An award of damages to Fisher-Rosemount including pre-judgment and post-

judgment interest, in an amount adequate to compensate for Invensys infringement of U.S. Patent Nos. 5,594,858; 5,838,563; 6,078,320; 5,801,942; 7,043,311 B2; 7,971,052 B2; 7,117,052 B2; 7,729,792 B2; and 6,742,136 B2, as provided in 35 U.S.C. 284; D. An adjudication that Invensys has willfully infringed U.S. Patent Nos. 5,594,858;

5,838,563; 6,078,320; 5,801,942; 7,043,311 B2; 7,971,052 B2; 7,117,052 B2; 7,729,792 B2; and 6,742,136 B2 and increasing the damages to Fisher-Rosemount up to three times in view of Invensys willful infringement; E. F. Costs and expenses in this action; A declaration that this is an exceptional case pursuant to 35 U.S.C. 285 and an

award of attorneys fees, disbursements, and costs of this action; G. Such other and further relief as this Court may deem just and proper. DEMAND FOR JURY TRIAL Fisher-Rosemount respectfully requests a trial by jury on all issues triable by a jury.

14
4842-0505-6532.1

Dated: July 15, 2013

Respectfully submitted,

/s/ Steven D. Smit Steven D. Smit State Bar No. 18527500 Graves, Dougherty, Hearon & Moody, P.C. 401 Congress Avenue, Suite 2200 Austin, Texas 78701 (512) 480-5653 (t) (512) 480-5853 (f) [email protected] Of Counsel: Richard S. Florsheim Jeffrey N. Costakos Linda E.B. Hansen R. Jan Pirozzolo-Mellowes FOLEY & LARDNER LLP 777 East Wisconsin Avenue Milwaukee, Wisconsin 53202-5306 (414) 271-2400 (t) (414) 297-4900 (f) [email protected] [email protected] [email protected] [email protected] Attorneys for Plaintiff, Fisher-Rosemount Systems, Inc.

15
4842-0505-6532.1