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BORGHESE LEGAL, LTD.

10161 PARK RUN DRIVE, SUITE 150 LAS VEGAS, NEVADA 89145 (702) 382-0200

Scott E. Stevens, Esq. (Pro Hac Vice to be submitted) scott@stevenslove.com Gregory P. Love, Esq. (Pro Hac Vice to be submitted) greg@stevenslove.com Darrell G. Dotson, Esq. (Pro Hac Vice to be submitted) darrell@stevenslove.com STEVENS LOVE 222 N. Fredonia Street PO Box 3427 Longview, Texas 75601 Tel. (903) 7536760 Fax (903) 753-6761 Mark Borghese, Esq. Nevada Bar No. 6231 mark@borgheselegal.com BORGHESE LEGAL, LTD. 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Tel. (702) 382-0200 Fax (702) 382-0212 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SYSTEMIFY, LLC, a Nevada limited liability company, v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:12-cv-00130 COMPLAINT FOR PATENT INFRINGEMENT (JURY TRIAL DEMANDED)

PACKETMOTION, INC., a California corporation, and VMWARE, INC., a Delaware corporation, Defendants.

This is an action for patent infringement in which Systemify, LLC (Systemify or Plaintiff) makes the following allegations against PacketMotion, Inc. and VMware, Inc. (collectively Defendants): I. 1. JURISDICTION AND VENUE

This action arises under the patent laws of the United States, Title 35 of the 1

2012-01-25-Complaint.doc

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BORGHESE LEGAL, LTD.
10161 PARK RUN DRIVE, SUITE 150 LAS VEGAS, NEVADA 89145 (702) 382-0200

United States Code. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). 2. On information and belief, Defendants conduct business throughout the United

States, including in this Judicial District, and have committed the acts complained of in this Judicial District and elsewhere. 3. 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. II. 4. PARTIES

Plaintiff Systemify, LLC is a Nevada limited liability company with its principal

place of business at 4225 W. Post Road, Las Vegas, NV 89118, c/o TFS. 5. On information and belief, PacketMotion, Inc. (PacketMotion) is a California

corporation with its principal place of business at c/o VMWare, Inc., 3401 Hillview Ave., Palo Alto, CA 94304. PacketMotion may be served, upon CT Corporation System, at 818 W. Seventh St., Los Angeles, CA 90017. 6. On information and belief, VMware, Inc. (VMware) is a Delaware corporation

with its principal place of business at 3401 Hillview Ave., Palo Alto, CA 94304. VMware, Inc. may be served, upon The Corporation Trust Company of Nevada, 311 S. Division St., Carson City, Nevada 89703. III. CLAIM FOR RELIEF

INFRINGEMENT OF U.S. PATENT NO.7,581,004 7. Systemify is the owner by assignment of United States Patent No. 7,581,004

(the 004 patent) entitled System and method for alerting on open-file share sessions on a users electronic device, including all rights to recover for past and future acts of infringement. The 004 Patent issued on August 25, 2009. A true and correct copy of the 004 Patent is attached as Exhibit A. 8. On information and belief, PacketMotion and VMware have been and now are

directly infringing, and/or inducing infringement by others, and/or contributing to the

2012-01-25-Complaint.doc

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BORGHESE LEGAL, LTD.
10161 PARK RUN DRIVE, SUITE 150 LAS VEGAS, NEVADA 89145 (702) 382-0200

infringement by others, including customers of Defendants, of the 004 Patent in this judicial district, and elsewhere in the United States. 9. On information and belief, acts of direct infringement by PacketMotion and

VMware include, without limitation, making, using, offering for sale, and/or selling within the United States, and/or importing into the United States, at least software for alerting on open fileshare sessions on a users electronic device, that infringes one or more claims of the 004 Patent, including, but not limited to, the PacketSentry User Activity Management Solutions (Accused Products). 10. On information and belief, PacketMotion and VMware knew or should have

known that its Accused Products would induce infringement by its customers. On information and belief, PacketMotion and VMware have contributed to the infringement of the 004 Patent by engaging in such activities knowing that its Accused Products are especially made or especially adapted and to be used in a method that infringes the 004 Patent, and which do not have a substantial non-infringing use, PacketMotion and VMware are liable for infringement of the 004 Patent under 35 U.S.C. 271(a), (b)& (c). PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court enter: 1. A judgment in favor of Plaintiff that Defendants have infringed, directly, and/or indirectly, by way of inducing and/or contributing to the infringement of the 004 Patent; 2. A judgment and order requiring Defendants to pay Plaintiff its damages, costs, expenses, and prejudgment and post-judgment interest for Defendants infringement of the 004 Patent as provided under 35 U.S.C. 284; 3. A judgment and order finding that this is an exceptional case within the meaning of 35 U.S.C. 285 and awarding to Plaintiff its reasonable attorneys fees; and 4. Any and all other relief to which Plaintiff may show itself to be entitled. /// /// ///
2012-01-25-Complaint.doc

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BORGHESE LEGAL, LTD.
10161 PARK RUN DRIVE, SUITE 150 LAS VEGAS, NEVADA 89145 (702) 382-0200

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.

DATED this 25th day of January, 2012. Respectfully Submitted, BORGHESE LEGAL, LTD.

Mark Borghese, Esq. 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Attorneys for Plaintiff OF COUNSEL: STEVENS LOVE Scott E. Stevens Gregory P. Love Darrell G. Dotson 222 N. Fredonia Street PO Box 3427 Longview, Texas 75601

2012-01-25-Complaint.doc

Exhibit A