IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

PARALLEL IRON, LLC

Plaintiff,

v. Civil Action No. ___________

MOTOROLA MOBILITY LLC, Jury Trial Demanded

Defendant.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, Parallel Iron, LLC files this complaint for patent infringement against

Defendant Motorola Mobility, Inc.:

PARTIES

1. Plaintiff Parallel Iron, LLC (“Parallel Iron”) is a Delaware limited liability

company.

2. On information and belief, Defendant Motorola Mobility LLC (“Defendant”) is a

limited liability company organized under the laws the state of Delaware, with its principle place

of business at 600 North U.S. Highway 45, Libertyville, Illinois 60048. Motorola Mobility LLC

may be served via its registered agent, The Corporation Trust Company, Corporation Trust

Center 1209 Orange Street, Wilmington, Delaware 19801.

JURISDICTION AND VENUE

3. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and

1338(a).
 4. On information and belief, Defendant is subject to this Court’s jurisdiction

because Defendant has transacted business in the District and in the State of Delaware.

Specifically, Defendant either directly and/or through intermediaries, on information and belief,

makes, ships, distributes, offers for sale, sells (including via the provision or use of such services

over the Internet) products and services in this District. Additionally, Defendant is an entity

organized and existing under the laws of the State of Delaware. On information and belief,

Defendant thus has minimum contacts with this District and State, has purposefully availed itself

of the privileges of conducting business in this District and State, regularly conducts and solicits

business within the State of Delaware, and has committed acts of patent infringement in this

District and State.

5. Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b).

FACTUAL BACKGROUND

6. In this technological age, we take for granted the ability to access tremendous

amounts of data through our computers and the Internet, a process that seems effortless and

unremarkable. But this apparent effortlessness is an illusion, made possible only by

technological wizardry. The amount of information that is used by many companies has

outstripped the storage capacity of individual memory devices. The information must be stored

across hundreds or thousands of individual memory devices and machines. The ability to keep

track of information as it is distributed across numerous devices and machines, while still

allowing users to retrieve it seamlessly upon request, is a feat that was impossible until recently.

It was made possible by the innovations of technological pioneers like Melvin James Bullen,

Steven Louis Dodd, William Thomas Lynch, and David James Herbison.

7. Bullen, Dodd, Lynch and Herbison were, among others, members of a company

dedicated to solving the difficult problems that limited the capacity of computer technology and

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the Internet, particularly problems concerning data storage. These engineers found innovative

solutions for these problems and patented several technologies for data storage, including the

ones at issue in this case. Many of the data-access feats we take for granted today are possible

because of the data-storage inventions of Bullen, Dodd, Lynch and Herbison.

8. Bullen, Dodd, Lynch and Herbison invented new ways of storing massive

amounts of information across multiple memory devices that allow a storage system to track the

information and quickly retrieve it, even when a memory device fails. In 2002, they applied for

a patent covering their work, which the United States Patent Office issued in 2007 as U.S. Patent

No. 7,197,662. Based on the same disclosure, the United States Patent Office issued U.S. Patent

Nos. 7,543,177 and 7,958,388 in 2009 and 2011, respectively. They assigned their rights to

these inventions to the company in which they were members.

9. Defendant is a technology company that has been using Bullen, Dodd, Lynch and

Herbison’s inventions, benefiting from the hard work of these engineers, without their consent,

and without compensating them or their company.

COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,197,662

10. Parallel Iron realleges and incorporates by reference paragraphs 1-9 above.

11. Parallel Iron is the owner by assignment of United States Patent No. 7,197,662

(the “’662 patent”) entitled “Methods and Systems for a Storage System.” The ’662 patent was

duly and legally issued by the United States Patent and Trademark Office on March 27, 2007. A

true and correct copy of the ’662 patent is attached as Exhibit A.

12. Defendant makes, uses, offers for sale, sells and/or imports into the United States

a product and/or service implementing Hadoop Distributed File System (HDFS).

13. Upon information and belief, Defendant has infringed and continues to infringe

the ’662 patent in the State of Delaware, in this judicial district, and elsewhere in the United
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States, by, among other things, making, using, importing, offering for sale and/or selling

products and/or services covered by one or more claims of the ’662 patent. Such products and/or

services include, by way of example and without limitation, those implementing HDFS, which

are covered by one or more claims of the ’662 patent, including but not limited to claim 14. By

making, using, importing, offering for sale, and/or selling products and/or services that are

covered by one or more claims of the ’662 patent, Defendant has injured Parallel Iron and is thus

liable to Parallel Iron for infringement of the ’662 patent pursuant to 35 U.S.C. §271.

14. As a result of the Defendant’s past infringement of the ’662 patent, Parallel Iron

has suffered monetary damages in an amount adequate to compensate for Defendant’s past

infringement, but in no event less than a reasonable royalty for Defendant’s use of the invention,

together with interest and costs as fixed by the Court. Parallel Iron will continue to suffer these

monetary damages in the future unless Defendant’s infringing activities are enjoined by this

Court.

15. Parallel Iron will be irreparably harmed unless this Court issues a permanent

injunction enjoining the infringement of ’662 patent by this Defendant its officers, directors,

agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others

who are in active concert or participation with them.

COUNT II
INFRINGEMENT OF U.S. PATENT NO. 7,958,388

16. Parallel Iron realleges and incorporates by reference paragraphs 1-15 above.

17. Parallel Iron is the owner by assignment of United States Patent No. 7,958,388

(the “’388 patent”) entitled “Methods and Systems for a Storage System.” The ’388 patent was

duly and legally issued by the United States Patent and Trademark Office on June 7, 2011. A

true and correct copy of the ’388 patent is attached as Exhibit B.

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 18. Upon information and belief, Defendant has infringed and continues to infringe

the ’388 patent in the State of Delaware, in this judicial district, and elsewhere in the United

States, by, among other things, making, using, importing, offering for sale and/or selling

products and/or services covered by one or more claims of the ’388 patent. Such products and/or

services include, by way of example and without limitation, those implementing HDFS, which

are covered by one or more claims of the ’388 patent, including but not limited to claim 2. By

making, using, importing, offering for sale, and/or selling products and/or services that are

covered by one or more claims of the ’388 patent, Defendant has injured Parallel Iron and is thus

liable to Parallel Iron for infringement of the ’388 patent pursuant to 35 U.S.C. §271.

19. As a result of Defendant’s past infringement of the ’388 patent, Parallel Iron has

suffered monetary damages in an amount adequate to compensate for Defendant’s past

infringement, but in no event less than a reasonable royalty for Defendant’s use of the invention,

together with interest and costs as fixed by the Court. Parallel Iron will continue to suffer these

monetary damages in the future unless Defendant’s infringing activities are enjoined by this

Court.

20. Parallel Iron will be irreparably harmed unless this Court issues a permanent

injunction enjoining the infringement of ’388 patent by the Defendant and its officers, directors,

agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others

who are in active concert or participation with it.

COUNT III
INFRINGEMENT OF U.S. PATENT NO. 7,543,177

21. Parallel Iron realleges and incorporates by reference paragraphs 1-20 above.

22. Parallel Iron is the owner by assignment of United States Patent No. 7,543,177

(the “’177 patent”) entitled “Methods and Systems for a Storage System.” The ’177 patent was

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duly and legally issued by the United States Patent and Trademark Office on June 2, 2009. A

true and correct copy of the ’177 patent is attached as Exhibit C.

23. Upon information and belief, Defendant has infringed and continues to infringe

the ’177 patent in the State of Delaware, in this judicial district, and elsewhere in the United

States, by, among other things, making, using, importing, offering for sale and/or selling

products and/or services covered by one or more claims of the ’177 patent. Such products and/or

services include, by way of example and without limitation, those implementing HDFS, which

are covered by one or more claims of the ’177 patent. By making, using, importing, offering for

sale, and/or selling products and/or services that are covered by one or more claims of the ’177

patent, Defendant has injured Parallel Iron and is thus liable to Parallel Iron for infringement of

the ’177 patent pursuant to 35 U.S.C. §271.

24. As a result of Defendant’s past infringement of the ’177 patent, Parallel Iron has

suffered monetary damages in an amount adequate to compensate for Defendant’s past

infringement, but in no event less than a reasonable royalty for Defendant’s use of the invention,

together with interest and costs as fixed by the Court. Parallel Iron will continue to suffer these

monetary damages in the future unless Defendant’s infringing activities are enjoined by this

Court.

25. Parallel Iron will be irreparably harmed unless this Court issues a permanent

injunction enjoining the infringement of ’177 patent by the Defendant and its officers, directors,

agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others

who are in active concert or participation with it.

PRAYER FOR RELIEF

For the above reasons, Parallel Iron respectfully requests that this Court enter:

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 a. A judgment in favor of Parallel Iron that Defendant has infringed the ’662 patent,

the ’388 patent, and the ’177 patent;

b. A permanent injunction enjoining Defendant and its officers, directors, agents,

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in

active concert or participation with it, from infringing, inducing the infringement of, or

contributing to the infringement of the ’662 patent, the ’388 patent, and the ’177 patent;

c. A judgment and order requiring Defendant to pay Parallel Iron its damages, costs,

expenses, and prejudgment and post-judgment interest for Defendant’s infringement of the ’662

patent, the ’388 patent, and the ’177 patent as provided under 35 U.S.C. § 284; and

d. Any and all other relief to which Parallel Iron may show itself to be entitled.

DEMAND FOR JURY TRIAL

Parallel Iron, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by

jury of any issues so triable by right.

July 12, 2012 BAYARD, P.A.

/s/ Stephen B. Brauerman

Richard D. Kirk (rk0922)
Stephen B. Brauerman (sb4952)
Vanessa R. Tiradentes (vt5398)
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 19899
rkirk@bayardlaw.com
sbrauerman@bayardlaw.com
vtiradentes@bayardlaw.com
(302) 655-5000

Attorneys for Plaintiff Parallel Iron, LLC

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