FILED

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

2013 JUL lb P
SKYLINE SOFTWARE SYSTEMS, INC.

1-21

CLERK US DISTRICT COURT ALEXANDRIA. VIRGINIA

Civil Action No.

Plaintiff,
v.

j>/3ci/3 4/

ANALYTICAL GRAPHICS, INC.,

Defendant.

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT

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

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

NATURE OF LAWSUIT

1.

This is a claim for patent infringement arising under the patent laws of the

United States, Title 35 of the 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).
THE PARTIES AND THE PATENTS

2.

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

13873 Park Center Road, Herndon, Virginia 20171. Skyline has 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 the business of designing, developing, marketing and selling

including

software tools for enabling three-dimensional geospatial applications,

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 innovations, Skyline has 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, "Sending Three-Dimensional Images Over a

Network" (hereinafter "the 713 patent") and United States Patent No. 8,462,151,
entitled, "Sending Three-Dimensional Images Over a Network" (hereinafter "the '151
patent").

5.

Skyline owns all right, title and interest in, and has standing to sue for

infringement of, the 792 patent, the '189 patent, the '172 patent, the 713 patent and the
'151 patent. The '189 patent, the '172 patent, the 713 patent and the '151 patent are directly related.

6.

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

Skyline asserted the '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 the '172 patent and the 713 patent in Skyline Software Systems, Inc. v. Apple

Inc., Civil Action No. 2:13-cv-46 (E.D. Va.), and in Skyline Software Systems, Inc. v. C3
Technologies AB, et a/., Civil Action No. 1:13-cv-624 (E.D. Va.). Civil Action No. 2:09-

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 Street, N.W., Suite 300, Washington, D.C. 20006 and 6404 Ivy Lane,

Suite 810, Greenbelt, Maryland 20770.

Commonwealth of Virginia.

AGI is registered to do business in the

AGI has conducted business in this judicial district; has

purposefully availed itself of the privilege of conducting business with residents of this
judicial district, including end users of the 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 residents of Virginia through its marketing, provision and

sale of products, including the products accused of infringement.

8. AGI has committed acts of infringement in this judicial district, and

regularly transacts business in this judicial district, including marketing, providing and selling the products accused of infringement. Direct infringers of the '172 patent, the
713 patent and the '151 patent also reside 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, and by virtue of AGI's transaction of business in the Commonwealth of Virginia.

VENUE

10.
1400(b).

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

AGI'S ACTS 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," "STK Viewer" and "AGI Globeserver." Skyline's allegations of
infringement extend to all of these software packages.
12.
13.

STK Server can host 3D data and imagery.

STK Server can run on an Internet-enabled network.

14.

STK Server can stream 3D imagery to an STK Desktop client with an

Internet connection.

15.
connection.

STK Server can stream 3D data to an STK Desktop client with an Internet

16.

AGI has made STK Server and STK Desktop in the United States.

17. 18.

AGI has used STK Server and STK Desktop in the United States. AGI has used STK Server and STK Desktop in the United States to

stream 3D data and imagery.

19.

AGI has used STK Server and STK Desktop in the United States to view

3D imagery.

20.
21.

AGI has offered to sell STK Server and STK Desktop in the United States.
AGI has sold STK Server and STK Desktop in the United States.

22.
Desktop.

AGI has generated revenue and profits from sales of STK Server and STK

23.
States.

Third parties have used STK Server and STK Desktop in the United

24.

Third parties have used STK Server and STK Desktop in the United

States to stream 3D data and imagery.

25.

Third parties have used STK Server and STK Desktop in the 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 patent under 35 U.S.C.

271(a) by using devices that run STK Desktop and STK Server.
27. AGI has actively induced infringement of at least claims 2, 4, 5, 6, 9, 16,

17, 19, 29, 31, 32, 34, 38-41, 49-52, 57-59, 63-65 and 69-71 of the '172 patent 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 the '172 patent before this suit was filed, and has acted with the specific intent to induce infringement.

28.

AGI has infringed at least claims 1-7, 9 and 11-20 of the 713 patent under

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

29.

AGI has actively induced infringement of claims 1-7, 9 and 11-20 of the

713 patent 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 the 713 patent
before this suit was filed, and has acted with the specific intent to induce infringement.

30.

AGI has infringed at least claims 1-5, 8-18 and 20 of the '151 patent under

35 U.S.C. 271(a) by using devices that run STK Desktop and STK Server.
31. AGI has actively induced infringement of at least claims 1-5, 8-18 and 20

of the '151 patent 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 the '151 patent before this suit was filed, and has acted with specific intent to induce
infringement.

32.

Skyline has complied with the marking and notice requirements of 35

U.S.C. 287; indeed, Skyline discussed the issues of patent infringement with AGI well
before this lawsuit was initiated.

33.

AGI's infringement has injured, and continues to injure, Skyline.

34.

Skyline is entitled to recover damages adequate to compensate it for 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 unless and until this Court

enters an injunction prohibiting further infringement and inducement of infringement.

PRAYER FOR RELIEF

WHEREFORE, Skyline, asks this Court to enter judgment against AGI and its subsidiaries, affiliates, agents, servants, employees and all persons in active concert or

participation with them, granting the following relief:

A.

An award of damages adequate to compensate Skyline for the

infringement that has occurred, together with prejudgment interest from the date
infringement of the '172 patent began;
B. An award of damages adequate to compensate Skyline for the

infringement that has occurred, together with prejudgment interest from the date
infringement of the 713 patent began; C. An award of damages adequate to compensate Skyline for the

infringement that has occurred, together with prejudgment interest from the date
infringement of the '151 patent began; D.
284;

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

E.
285;

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

F.

permanent injunction

prohibiting further infringement and

inducement of infringement of the '172 patent;

G.

permanent injunction

prohibiting further infringement and

inducement of infringement of the 713 patent;

H.

permanent injunction

prohibiting further infringement and

inducement of infringement of the '151 patent; and,

I.
proper and just.
JURY DEMAND

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

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

Date: July 16, 2013

ly Sanborn wen (#27692) Kristin A. Zech (#68826)

COCHRAN & OWEN, LLC
8000 Towers Crescent Drive Suite 160

(x^-

Vienna, VA 22182
703/847-4480 Fax: 703/847-4499

Email: aowen@cochranowen.com kzech(Stoochranowen.com

Counsel for Skyline Software Systems, Inc.

Of counsel:

Raymond P. Niro
David J. Sheikh

NIRO, HALLER & NIRO 181 West Madison Street, Suite 4600

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