worqflow technologies v. invensys systems
TRANSCRIPT
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IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
WORQFLOW TECHNOLOGIES, LLC,
Plaintiff,
v.
INVENSYS SYSTEMS, INC.,
Defendant.
Case No. 4:13-CV-642
J URY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which Worqflow Technologies, LLC
(Worqflow or Plaintiff) makes the following allegations against Invensys Systems, Inc.
(Invensys or Defendant).
PARTIES
1. Plaintiff Worqflow is a California limited liability company with its principalplace of business at 547 South Marengo Ave., Ste. 104, Pasadena, CA 91101.
2. On information and belief, Invensys is a Massachusetts corporation with itsprincipal place of business at 33 Commercial St., Foxboro, MA 02035. On information and
belief, Invensys may be served with process by serving its registered agent, Registered Agent
Solutions, Inc., at 1701 Directors Blvd., Ste. 300, Austin, TX 78744.
J URISDICTION AND VENUE
3. This action arises under the patent laws of the United States, Title 35 of theUnited States Code. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and
1338(a).
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4. Venue is proper in this district under 28 U.S.C. 1391(c) and 1400(b). Oninformation and belief, Invensys has transacted business in this district, and has committed acts
of patent infringement in this district.
5. Further, on information and belief, Invensys maintains documents and witnessesrelated to this action within the subpoena power of this Court. Invensys lists 10900 Equity Dr.,
Houston, TX 77041 as its corporate address for Invensys Operations Management. See the
screenshot for Invensyss Skelta BPM contact us window retrieved fromhttp://www.skelta.com,
a true and correct copy of which is attached hereto as Exhibit A. Invensys states that Invensys
Operations Management is a leading provider of automation and information technology,
systems, software solutions, services and consulting to the global manufacturing and
infrastructure industries. Headquartered in Houston, Texas. See Invensyss Skelta BPM
company page retrieved fromhttp://www.skelta.com/company/a true and correct copy of which
is attached hereto as Exhibit B.
COUNT IINFRINGEMENT OF U.S. PATENT NO. 5,630,069
6. Plaintiff is the owner by assignment of United States Patent No. 5,630,069 (the069 Patent) entitled Method and Apparatus for Creating Workflow Maps of Business
Processes including all rights to recover for past and future acts of infringement. The 069
Patent issued on May 13, 1993. A true and correct copy of the 069 Patent is attached hereto as
Exhibit C.
7. On information and belief, Invensys has been and now is infringing the 069Patent in this judicial district, and elsewhere in the United States through its use of at least an
business process management and workflow software suite. Acts of infringement by Invensys
include, without limitation, utilizing computer based systems and methods for creating a
http://www.skelta.com/http://www.skelta.com/http://www.skelta.com/http://www.skelta.com/company/http://www.skelta.com/company/http://www.skelta.com/company/http://www.skelta.com/company/http://www.skelta.com/ -
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representation of a business process and its associated workflows that include every element of at
least one claim of the 069 Patent within the United States. Such infringing acts include
methods, for example, such as those used by Invensys in executing its Skelta BPM software
(Accused Methods). Invensys is thus liable for infringement of the 069 Patent under 35
U.S.C. 271.
8. Invensys infringes at least Claim 26 of the 069 Patent, by way of example only,and without limitation on Worqflows assertion of infringement by Invensys of other claims of
the 069 Patent. Claim 26 of the 069 Patent reads as follows:
26. A computer based method for creating a representation of a business processand its associated workflows, said method comprising the steps of:
a) executing a computer program by a computer;
b) said program generating when said program is executed by said computer i) acomponent representation of at least a predetermined subset of said businessprocess in terms of its workflows, ii) at least a predetermined subset of linksbetween said workflows based upon a predetermined set of workflow rules, andiii) conditional links between said workflows, each of said conditional linksincluding a conditional junction, an origin link between a source workflow andsaid conditional junction and at least one target link between said conditional
junction and a corresponding number of target workflows.
9. Invensys practices through its Accused Methods at least a computer basedmethod for creating a representation of a business process and its associated workflows. This is
made clear by Invensyss compliance with the Business Process Modelling Notations (BPMN)
standards in its Skelta Accused Methods. Invensys has stated that Skelta BPM is BPMN
Compliant. See Invensyss Skelta BPMN Overview brochure retrieved from
http://www.skelta.com/bpm-resources/downloads/product-resources/Skelta-BPM-Overview.pdf,
a true and correct copy of which is attached as Exhibit D. Invensys has also stated that Skelta
follows the industry standard BPMN (Business Process Modelling Notations) for modeling.
See the final page of Invensyss ROI of BPM whitepaper retrieved from
http://www.skelta.com/bpm-resources/downloads/product-resources/Skelta-BPM-Overview.pdfhttp://www.skelta.com/bpm-resources/downloads/product-resources/Skelta-BPM-Overview.pdfhttp://www.skelta.com/bpm-resources/downloads/product-resources/Skelta-BPM-Overview.pdf -
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http://www.skelta.com/customers/downloads/whitepapers/ROI-of-BPM.pdf, a true and correct
copy of which is attached as Exhibit E.
10. Invensys practices through its Accused Methods the first step of Claim 26,executing a computer program by a computer. Invensys must by necessity practice this step as
its Accused Methods are utilized in a software platform. Invensys makes this clear in its
Skelta BPM overview page retrieved fromhttp://www.skelta.com/products/bpm/overview.aspx,
a true and correct copy of which is attached as Exhibit F.
11. On information and belief, Invensys practices through its Accused Methods thenext step of Claim 26, said program generating when said program is executed by said
computer i) a component representation of at least a predetermined subset of said business
process in terms of its workflows. As stated, the Accused Methods utilize the BPMN standard,
the specification for which discloses how to represent, in the form of component representations
(e.g. symbols), at least one business process in terms of its parts, including workflows. This is
evidenced by the Business Process Model and Notation (BPMN) Specification from OMG
Version 2.0 of January 2011 (BPMN Spec.) retrieved from
http://www.omg.org/spec/BPMN/2.0/ , a true and correct copy of which is attached as Exhibit G.
[A] process describes a sequence or flow of Activities in an organization with the objective of
carrying out work. In BPMN, a Process is depicted as a graph of Flow Elements, which are a set
of Activities, Events, Gateways, and Sequence Flows that define finite execution semantics (see
Figure 10.1.). BPMN Spec. at Exhibit G, p. 145. In that same specification, Sequence Flow is
defined as [a] connecting object that shows the order in which activities are performed in a
Process and is represented with a solid graphical line. Each Flow has only one source and only
one target. BPMN Spec. at Exhibit G, p. 502. Activity is defined as [w]ork that a company or
http://www.skelta.com/customers/downloads/whitepapers/ROI-of-BPM.pdfhttp://www.skelta.com/customers/downloads/whitepapers/ROI-of-BPM.pdfhttp://www.skelta.com/products/bpm/overview.aspxhttp://www.skelta.com/products/bpm/overview.aspxhttp://www.skelta.com/products/bpm/overview.aspxhttp://www.omg.org/spec/BPMN/2.0/http://www.omg.org/spec/BPMN/2.0/http://www.omg.org/spec/BPMN/2.0/http://www.skelta.com/products/bpm/overview.aspxhttp://www.skelta.com/customers/downloads/whitepapers/ROI-of-BPM.pdf -
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organization performs using business processes The types of activities that are part of a
Process Model are: Process, Sub-Process and Task. BPMN Spec. at Exhibit G, p. 499. And a
Task is defined as, [a]n atomic activity that is included within a Process. A Task is used when
the work in the Process is not broken down to a finer level of Process Model detail. Generally,
an end-user, an application, or both will perform the Task. BPMN Spec. at Exhibit G, p. 502.
12. On information and belief, Invensys practices through its Accused Methods thenext step of Claim 26, ii) at least a predetermined subset of links between said workflows based
upon a predetermined set of workflow rules. Invensys practices this step using the BPMN
standard, as the specification dictates that predetermined workflow rules determine the subset of
links between workflows. See, for example, Figure 11.44 which illustrates an origin link from
Task 1 into a decision point (conditional junction) and to two target links (condition 1 and
condition 2). BPMN Spec. at Exhibit G, p. 357. The specification also states that
Choreographies MAY contain natural language descriptions of the Gateways Conditions to
document the alternative paths of the Choreography (e.g., large orders will go down one path
while small orders will go down another path). BPMN Spec. at Exhibit G, p. 345 (emphasis
in original), see also pp. 339-362. Further, BPMNEdge represents a depiction of a relationship
between two (source and target) BPMN model elements. BPMN Spec. at Exhibit G, p. 375, see
also, section 12 generally of the BPMN Spec. at Exhibit G, pp. 367-424.
13. On information and belief, Invensys practices through its Accused Methods thelast step of Claim 26, iii) conditional links between said workflows, each of said conditional
links including a conditional junction, an origin link between a source workflow and said
conditional junction and at least one target link between said conditional junction and a
corresponding number of target workflows. Invensys practices this step by using the BPMN
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standard, as the BPMN specification provides for conditional links in the form of an origin link,
a conditional junction, and a target link. See for example Figure 11.44 which illustrates an origin
link from Task 1 into a decision point (conditional junction) and to two target links (condition 1
and condition 2). BPMN Spec. at Exhibit G, p. 357. The specification also states that
Choreographies MAY contain natural language descriptions of the Gateways Conditions to
document the alternative paths of the Choreography (e.g., large orders will go down one path
while small orders will go down another path). BPMN Spec. at Exhibit G, p. 345 (emphasis
in original), see also pp. 339-362. Further, BPMNEdge represents a depiction of a relationship
between two (source and target) BPMN model elements. BPMN Spec. at Exhibit G, p. 375, see
also, section 12 generally of the BPMN Spec. at Exhibit G, pp. 367-424.
14. As a result of Invensyss infringement of the 069 Patent, Worqflow has sufferedmonetary damages and is entitled to a money judgment in an amount adequate to compensate for the
infringement, but in no event less than a reasonable royalty for the use made by Invensys of the
invention, together with interest and costs as fixed by the court.
COUNT IIINFRINGEMENT OF U.S. PATENT NO. 5,734,837
15. Plaintiff is the owner by assignment of United States Patent No. 5,734,837 (the837 Patent) entitled Method and Apparatus for Building Business Process Applications in
Terms of its Workflows including all rights to recover for past and future acts of
infringement. The 837 Patent issued on March 31, 1998. A true and correct copy of the 837
Patent is attached hereto as Exhibit H.
16. On information and belief, Invensys has been and now is infringing the 837Patent in this judicial district, and elsewhere in the United States through its use of at least
computer based systems and methods for building business process applications. Acts of
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infringement by Invensys include, without limitation, utilizing methods systems and methods for
building business process applications that include every step of at least one claim of the 837
Patent within the United States. Such infringing acts include methods, for example, such as
those used by Invensys in executing its Skelta BPM software (Accused Methods). Invensys is
thus liable for infringement of the 837 Patent under 35 U.S.C. 271.
17. Invensys infringes at least Claim 32 of the 837 Patent, by way of example only,and without limitation on Worqflows assertion of infringement by Invensys of other claims of
the 837 Patent. Claim 32 of the 837 Patent reads as follows:
32. A method for building business process applications utilizing a computerwhich executes a program, said method comprising the steps of:
a) creating a set of business process definitions for storage in a database and a setof business process applications for execution by a processor, said businessprocess definitions and said business process applications for use with a businessprocess and its associated workflows,
b) generating:
i) a component representation of at least a predetermined subset of said businessprocess in terms of its workflows, and
ii) at least a predetermined subset of links between said workflows.
18. Invensys practices through its Accused Methods at least a method for buildingbusiness process applications utilizing a computer which executes a program by its compliance
with the Business Process Modelling Notations (BPMN) standards. Invensys has stated that
Skelta BPM is BPMN Compliant in its Skelta BPMN Overview brochure. See Exhibit D.
Invensys has also stated that Skelta follows the industry standard BPMN (Business Process
Modelling Notations) for modeling on the final page of its ROI of BPM whitepaper attached at
Exhibit E.
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19. Invensys practices through its Accused Methods the first step of Claim 32,creating a set of business process definitions for storage in a database and a set of business
process applications for execution by a processor, said business process definitions and said
business process applications for use with a business process and its associated workflows. The
Skelta Enterprise Console and Skelta Server provide this functionality. The Skelta Enterprise
Console is a computer program that:
is a Web-based interface that allows authorized users to build workflow drivenapplications and also allows users to participate in these applications. The consoleenables central administration of all Skelta BPM.NET workflows associated with arepository. Activities that can be performed from the Skelta Enterprise Console
include workflow categorization, workflow design, associating workflows withSharePoint sites, lists, events, initiating workflows for new workflow creation,publishing workflows, creation, management and association of Skelta Forms withworkflows and viewing reports. The Skelta Enterprise Console also enablesadministrators to set up and manage queues and calendars for use in workflows.
See the screenshot of the SUN Components page retrieved from
http://sun.skelta.com/AdminGuide/Components2.html, a true and correct copy of which is
attached as Exhibit I. The SUN Components pages further states, Skelta Server is a machine on
which the Skelta Workflow Engine, Skelta Task Scheduler and Skelta Communication services
are installed and [t]he primary role of the Skelta Server is to control workflow execution and
schedule tasks. Skelta Workflow Engine and Skelta Task Scheduler are services that control
workflow execution. Skelta Communication service manages communication and notifications.
See Exhibit I
20. On information and belief, Invensys practices through its Accused Methods thenext step of Claim 32, generating: i) a component representation of at least a predetermined
subset of said business process in terms of its workflows. Invensys practices by using the
BPMN standard, as the specification discloses how to represent, in the form of component
http://sun.skelta.com/AdminGuide/Components2.htmlhttp://sun.skelta.com/AdminGuide/Components2.htmlhttp://sun.skelta.com/AdminGuide/Components2.html -
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representations (e.g. symbols), at least one business process in terms of its parts, including
workflows. Specifically, the specification states that a process describes a sequence or flow of
Activities in an organization with the objective of carrying out work. In BPMN, a Process is
depicted as a graph of Flow Elements, which are a set of Activities, Events, Gateways, and
Sequence Flows that define finite execution semantics (see Figure 10.1.). BPMN Spec. at
Exhibit G, p. 145. The specification defines Sequence Flow as [a] connecting object that shows
the order in which activities are performed in a Process and is represented with a solid graphical
line. Each Flow has only one source and only one target. BPMN Spec. at Exhibit G, p. 502.
Activity is defined as [w]ork that a company or organization performs using business processes
The types of activities that are part of a Process Model are: Process, Sub-Process and Task.
BPMN Spec. at Exhibit G, p. 499. A Task is defined as, [a]n atomic activity that is included
within a Process. A Task is used when the work in the Process is not broken down to a finer
level of Process Model detail. Generally, an end-user, an application, or both will perform the
Task. BPMN Spec. at Exhibit G, p. 502.
21. On information and belief, Invensys practices through its Accused Methods thefinal step of Claim 32, ii) at least a predetermined subset of links between said workflows.
Invensys practices this step due to the nature of the Accused Methods utilized in implementing
the BPMN specification, as the BPMN specification provides for conditional links in the form of
an origin link, a conditional junction, and a target link. See for example Figure 11.44 which
illustrates an origin link from Task 1 into a decision point (conditional junction) and to two target
links (condition 1 and condition 2). BPMN Spec. at Exhibit G, p. 357. See also
Choreographies MAY contain natural language descriptions of the Gateways Conditions to
document the alternative paths of the Choreography (e.g., large orders will go down one path
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while small orders will go down another path). BPMN Spec. at Exhibit G, p. 345 (emphasis
in original), see also pp. 339-362. Further, BPMNEdge represents a depiction of a relationship
between two (source and target) BPMN model elements. BPMN Spec. at Exhibit G, p. 375, see
also, section 12 generally of the BPMN Spec. at Exhibit G, pp. 367-424.
22. As a result of Invensyss infringement of the 837 Patent, Worqflow has sufferedmonetary damages and is entitled to a money judgment in an amount adequate to compensate for
the infringement, but in no event less than a reasonable royalty for the use made by Invensys of
the invention, together with interest and costs as fixed by the court.
COUNT I I IINFRINGEMENT OF U.S. PATENT NO. 6,058,413
23. Plaintiff is the owner by assignment of United States Patent No. 6,058,413 (the413 Patent) entitled Method and Apparatus for Utilizing a Standard Transaction Format to
Provide Application Platform and Medium Independent Representation and Transfer of Data for
the Management of Business Process and Their Workflows including all rights to recover for
past and future acts of infringement. The 413 Patent issued on May 2, 2000. A true and correct
copy of the 413 Patent is attached hereto as Exhibit J.
24. On information and belief, Invensys has been and now is infringing the 413Patent in this judicial district, and elsewhere in the United States through its use of at least
computer program for interfacing a workflow enabled application to a workflow system. Acts of
infringement by Invensys include, without limitation, utilizing at least one computer program for
interfacing a workflow enabled application to a workflow system that include every element of at
least one system claim of the 413 Patent within the United States (Accused Systems). Such
infringing systems include, for example, those used by Invensys in executing its Skelta BPM
software. Invensys is thus liable for infringement of the 413 Patent under 35 U.S.C. 271.
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25. Invensys infringes at least Claim 1 of the 413 Patent, by way of example only,and without limitation on Worqflows assertion of infringement by Invensys of other claims of
the 413 Patent. Claim 1 of the 413 Patent reads as follows:
1. A computer program for interfacing a workflow enabled application to aworkflow system comprising:
a) transporter means for i) receiving from said workflow enabled applicationincoming data and parsing said received data to extract from said received dataworkflow transaction information in a predetermined standard transaction format,said predetermined standard transaction format being adapted to addressrequirements of applications, platforms and medium independent representationsand transfers of data related to business processes of said workflow system, andii) sending to said workflow enabled application outgoing workflow transactioninformation which has been formatted in said predetermined standard transactionformat;
b) transaction processor means for i) processing said workflow transactioninformation which has been received and parsed by said transporter means toprepare said workflow transaction information for sending to and use by anapplication program interface of said workflow system, and ii) processingworkflow transaction information received from said application programinterface of said workflow system for sending to said transporter means to preparesaid received workflow transaction information for formatting into saidpredetermined standard transaction format, sending to and use by said workflowenabled application.
26. Invensyss Accused Systems comprise at least a computer program forinterfacing a workflow enabled application to a workflow system. Skelta BPMN includes the
Skelta Server and Skelta Client that includes the Skelta Enterprise Console, as evidenced
by the Skelta User Network (SUN) Architecture page retrieved from
http://sun.skelta.com/AdminGuide/Architecture.html. A true and correct copy of a screenshot of
that page is attached hereto as Exhibit K. See also the SUN Components page at Exhibit I. As
stated in Exhibit I, the Skelta Enterprise Console:
is a Web-based interface that allows authorized users to build workflow drivenapplications and also allows users to participate in these applications. The consoleenables central administration of all Skelta BPM.NET workflows associated with arepository. Activities that can be performed from the Skelta Enterprise Console
http://sun.skelta.com/AdminGuide/Architecture.htmlhttp://sun.skelta.com/AdminGuide/Architecture.htmlhttp://sun.skelta.com/AdminGuide/Architecture.html -
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include workflow categorization, workflow design, associating workflows withSharePoint sites, lists, events, initiating workflows for new workflow creation,publishing workflows, creation, management and association of Skelta Forms withworkflows and viewing reports. The Skelta Enterprise Console also enablesadministrators to set up and manage queues and calendars for use in workflows.
27. Invensyss Accused Systems comprise the first element of Claim 1, transportermeans for i) receiving from said workflow enabled application incoming data and parsing said
received data to extract from said received data workflow transaction information in a
predetermined standard transaction format, said predetermined standard transaction format being
adapted to address requirements of applications, platforms and medium independent
representations and transfers of data related to business processes of said workflow system.
The Skelta Server provides the transporter means for receiving from the workflow enabled
application (e.g., Enterprise Console) incoming data to parse it and extract the workflow
transaction information in a predetermined standard transaction format. For example, Invensys
states that the Skelta Server is a machine on which the Skelta Workflow Engine, Skelta Task
Scheduler and Skelta Communication services are installed and that [t]he primary role of the
Skelta Server is to control workflow execution and schedule tasks. Skelta Workflow Engine and
Skelta Task Scheduler are services that control workflow execution. Skelta Communication
service manages communication and notifications. SUN Components page at Exhibit I. An
example of the workflow transaction information used in Skelta BPM is described in Invensyss
SUN Retrieving Execution ID and its Details of a Workitem page retrieved from
http://sun.skelta.com/APIGuide/RetrievingExecutionAndExecutionDetailsId1.html, a true and
correct copy of which is attached as Exhibit L. As stated therein, [i]n order to get the
ExecutionId and ExecutionDetailsId of the work item, the properties ExecutionId and
ExecutionDetailsId of the class need to be used. Further, Skelta BPM uses the SOAP
messaging format for its predetermined standard transaction format, which is adapted to address
http://sun.skelta.com/APIGuide/RetrievingExecutionAndExecutionDetailsId1.htmlhttp://sun.skelta.com/APIGuide/RetrievingExecutionAndExecutionDetailsId1.htmlhttp://sun.skelta.com/APIGuide/RetrievingExecutionAndExecutionDetailsId1.html -
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requirements of applications, platforms and medium independent representations and transfers of
data. This is evidenced by Invensyss Skelta BPM Developer Edition product page retrieved
fromhttp://www.skelta.com/products/bpm/for-Developers.aspx , a true and correct copy of which
is attached as Exhibit M.
28. Invensyss Accused Systems also comprise the next element of Claim 1, ii)sending to said workflow enabled application outgoing workflow transaction information which
has been formatted in said predetermined standard transaction format. Just as the Skelta Server
receives and parses the data from the workflow enabled applications as explained above, it must
also format the workflow transaction data, such as the transaction information identified above,
in order to send to the workflow enabled applications. Invensys states that [t]he primary role of
the Skelta Server is to control workflow execution and schedule tasks. Skelta Workflow Engine
and Skelta Task Scheduler are services that control workflow execution. Skelta Communication
service manages communication and notifications. SUN Components page at Exhibit I.
29. Invensyss Accused Systems also comprise the next element of Claim 1,transaction processor means for i) processing said workflow transaction information which has
been received and parsed by said transporter means to prepare said workflow transaction
information for sending to and use by an application program interface of said workflow
system. Skelta BPM is software installed on client computers and servers. This shows that, by
necessity, every computer utilizing Skelta BPM software at any level must have a processor to
handle transactions. The processor(s) of the computers connected to the Skelta Server are used
to process the workflow transaction information to prepare it for sending to and use by an
application program interface of Skelta BPM. As Invensys states, [t]he primary role of the
Skelta Server is to control workflow execution and schedule tasks. Skelta Workflow Engine and
http://www.skelta.com/products/bpm/for-Developers.aspxhttp://www.skelta.com/products/bpm/for-Developers.aspxhttp://www.skelta.com/products/bpm/for-Developers.aspxhttp://www.skelta.com/products/bpm/for-Developers.aspx -
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Skelta Task Scheduler are services that control workflow execution. Skelta Communication
service manages communication and notifications. SUN Components page at Exhibit I. As an
example:
[i]n Skelta BPM.NET, a workflow can be called from another workflow providedboth workflows belong to the same repository. In this case, the calling workflow istermed as Parent Workflow and the workflow to be called is termed as ChildWorkflow. The Workflow Activity enables the execution of a second (child)workflow from a (parent) workflow. The Workflow Activity can be used to call achild workflow from a parent workflow. The Variables for the child workflowproperty and XMLVariables for the child workflow property enable parent workflowto pass variable and XML variable information to the child workflow respectively.
See the screenshot of the SUN Workflow Activity page retrieved from
http://sun.skelta.com/DeveloperGuide/index.html?WorkflowAction, a true and correct copy of
which is attached as Exhibit N.
30. Invensyss Accused Systems also comprise the last element of Claim 1,ii) processing workflow transaction information received from said application program
interface of said workflow system for sending to said transporter means to prepare said received
workflow transaction information for formatting into said predetermined standard transaction
format, sending to and use by said workflow enabled application. In addition to preparing the
transaction information to be sent to and used by application programs, the processor(s) of the
computers connected to the Skelta Server are also used to process workflow transaction
information for formatting into the predetermined standard data format, SOAP, to be sent to
workflow enabled applications. Invensys states that [t]he primary role of the Skelta Server is to
control workflow execution and schedule tasks. Skelta Workflow Engine and Skelta Task
Scheduler are services that control workflow execution. Skelta Communication service manages
communication and notifications. SUN Components page at Exhibit I. Further, Skelta BPM
http://sun.skelta.com/DeveloperGuide/index.html?WorkflowActionhttp://sun.skelta.com/DeveloperGuide/index.html?WorkflowActionhttp://sun.skelta.com/DeveloperGuide/index.html?WorkflowAction -
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transfers data SOAP wrapped for platform independence. Skelta BPM Developer Edition
product page at Exhibit M.
31. As a result of Invensyss infringement of the 413 Patent, Worqflow has sufferedmonetary damages and is entitled to a money judgment in an amount adequate to compensate for
the infringement, but in no event less than a reasonable royalty for the use made by Invensys of
the invention, together with interest and costs as fixed by the court.
COUNT IVINFRINGEMENT OF U.S. PATENT NO. 6,073,109
32. Plaintiff is the owner by assignment of United States Patent No. 6,073,109 (the109 Patent) entitled Computerized Method and System for Managing Business Processes
Using Linked Worqflows including all rights to recover for past and future acts of
infringement. The 109 Patent issued on June 6, 2000. A true and correct copy of the 109
Patent is attached hereto as Exhibit O.
33. On information and belief, Invensys has been and now is infringing the 109Patent in this judicial district, and elsewhere in the United States through its use of at least a
computer system and method for managing a plurality of business processes. Acts of
infringement by Invensys include, without limitation, utilizing at least one computer system and
method for managing a plurality of business processes that include every element of at least one
system claim of the 109 Patent within the United States. Such infringing acts, for example,
Invesys use of systems employing Invensyss Skelta BPM software (Accused Systems).
Invensys is thus liable for infringement of the 109 Patent under 35 U.S.C. 271.
34. Invensys infringes at least Claim 1 of the 109 Patent, by way of example only,and without limitation on Worqflows assertion of infringement by Invensys of other claims of
the 109 Patent. Claim 1 of the 109 Patent reads as follows:
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1. A computer system for managing a plurality of business processes, eachbusiness process having a business process definition with a plurality of linkedworkflows, each workflow having a corresponding workflow definition, saidworkflow definition representing commitments that a user having a predeterminedrole makes and completes to satisfy a customer of the workflow comprising:
a) workflow server means for providing services to workflow enabledapplications that allow users to act taking one of a plurality of available actsdefined in one of said business processes, said workflow server means including atransaction manager providing for each of said business processes:
transaction services for
1. receiving instructions to initiate and initiating workflows of said businessprocesses;
2. taking actions in said workflow initiated business processes;
3. updating and maintaining workflow status after each act is taken in each of saidinitiated workflows of said business process and keeping track of pendingworkflow activities, wherein said taken act is one of an act of a user and an actautomatically taken by the transaction manager based on said business processdefinition and said workflow definition of a predetermined one of said workflowsof said business process, wherein said workflow status represents all acts that arepending for said user having a predetermined role in said initiated workflow;
4. making available to said workflow enables applications available businessprocesses that a predetermined one of said workflow enabled applications can
initiated and specifying available acts that a user of said predetermined workflowenabled application can take in each of the initiated workflows of each of theavailable business processes;
b) database means for storing records of business process transactions.
35. Invensyss Accused Systems comprise at least a computer system for managinga plurality of business processes, each business process having a business process definition with
a plurality of linked workflows, each workflow having a corresponding workflow definition, said
workflow definition representing commitments that a user having a predetermined role makes
and completes to satisfy a customer of the workflow. Skelta BPMN includes the Skelta
Server and Skelta Client that includes the Skelta Enterprise Console. See SUN
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Architecture page at Exhibit K and SUN Components page at Exhibit I. As stated therein, the
Skelta Enterprise Console is a computer program that
is a Web-based interface that allows authorized users to build workflow driven
applications and also allows users to participate in these applications. The consoleenables central administration of all Skelta BPM.NET workflows associated with arepository. Activities that can be performed from the Skelta Enterprise Consoleinclude workflow categorization, workflow design, associating workflows withSharePoint sites, lists, events, initiating workflows for new workflow creation,publishing workflows, creation, management and association of Skelta Forms withworkflows and viewing reports. The Skelta Enterprise Console also enablesadministrators to set up and manage queues and calendars for use in workflows.
36. Invensyss Accused Systems comprise the first element of Claim 1, workflowserver means for providing services to workflow enabled applications that allow users to act
taking one of a plurality of available acts defined in one of said business processes, said
workflow server means including a transaction manager providing for each of said business
processes. The Skelta Server provides the workflow server means for providing services to the
workflow enables applications, which allow users to act by taking one of the available acts
defined in the business processes. The Skelta Server also includes a transaction manager which
provides for each of the business processes. Invensys states that the Skelta Server is a machine
on which the Skelta Workflow Engine, Skelta Task Scheduler and Skelta Communication
services are installed and [t]he primary role of the Skelta Server is to control workflow
execution and schedule tasks. Skelta Workflow Engine and Skelta Task Scheduler are services
that control workflow execution. Skelta Communication service manages communication and
notifications. SUN Components page at Exhibit I. An example of the workflow transaction
information used in Skelta BPM is provided SUN Retrieving Execution ID and its Details of a
Workitem page at Exhibit L, which states that [i]n order to get the ExecutionId and
ExecutionDetailsId of the work item, the properties ExecutionId and ExecutionDetailsId of the
class need to be used.
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37. Invensyss Accused Systems also comprise the next element of Claim 1,transaction services for 1. receiving instructions to initiate and initiating workflows of said
business processes. The Accused Systems contain transaction services that receive instructions
to receive and initiate workflows of business processes. For example, The Invoke Form
Activity is basically an activity inside workflows, wherein the workflow actually invokes the
form. The invoking activity is also linked to an approval process. As an example, consider the
Leave Application Form. Once an employee fills out the Leave Application Form and submits
it, the associated workflow is triggered. See the SUN Invoke Form Activity page retrieved
from http://sun.skelta.com/DeveloperGuide/index.html?InvokeFormActivity, a true and correct
copy of which is attached as Exhibit P. Invensys also states Manually Initiating Skelta
Workflow using SharePoint Workflow. This can be achieved by using Launch Skelta Workflow
template available under for Workflow Settings of a SharePoint Document Library or List or
Content Type. See the SUN Manually Initiating Skelta Workflow using SharePoint Workflow
page retrieved fromhttp://sun.skelta.com/UserGuide/ManuallyInitiatingSkeltaWorkflow1.html, a
true and correct copy of which is attached as Exhibit Q.
38. Invensyss Accused Systems also comprise the next element of Claim 1, 2.taking actions in said workflow initiated business processes. The Accused Systems include
transaction services to enable actions in the workflow initiated business processes. For example,
the Skelta Accounts Payable Solution includes business processes, each of which require related
actions to be taken such as duplication check for duplicate invoice data and approver checks
invoice for credit limit, balance and other exceptions and approves it with his comments. See
Invensyss Skelta Accounts Payable Solution brochure retrieved from
http://sun.skelta.com/DeveloperGuide/index.html?InvokeFormActivityhttp://sun.skelta.com/DeveloperGuide/index.html?InvokeFormActivityhttp://sun.skelta.com/UserGuide/ManuallyInitiatingSkeltaWorkflow1.htmlhttp://sun.skelta.com/UserGuide/ManuallyInitiatingSkeltaWorkflow1.htmlhttp://sun.skelta.com/UserGuide/ManuallyInitiatingSkeltaWorkflow1.htmlhttp://sun.skelta.com/UserGuide/ManuallyInitiatingSkeltaWorkflow1.htmlhttp://sun.skelta.com/DeveloperGuide/index.html?InvokeFormActivity -
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http://www.skelta.com/bpm-resources/downloads/product-resources/Accounts-Payable-
Solution.pdf, a true and correct copy of which is attached as Exhibit R.
39. Invensyss Accused Systems also comprises the next element of Claim 1, 3.updating and maintaining workflow status after each act is taken in each of said initiated
workflows of said business process and keeping track of pending workflow activities, wherein
said taken act is one of an act of a user and an act automatically taken by the transaction manager
based on said business process definition and said workflow definition of a predetermined one of
said workflows of said business process, wherein said workflow status represents all acts that are
pending for said user having a predetermined role in said initiated workflow. The Accused
Systems include transaction services to enable updating and maintain workflow status after each
act is taken in each of the workflows and keeping track of pending workflow activities. For
example, the Accused Systems use status codes that are listed in three groups corresponding
to workflows, activities and work items. See the SUN List of Internal Status Codes in Skelta
BPM.NET page retrieved from
http://sun.skelta.com/DeveloperGuide/ListOfInternalStatusCodesInSkeltaBPMNET2007.html, a
true and correct copy of which is attached as Exhibit S. Further, the taken acts in the Accused
System can be acts of a user and acts automatically taken by the transaction manager based on
business process definitions and workflow definitions of at least one predetermined workflow of
the business process. See for example, The Invoke Form Activity is basically an activity inside
workflows, wherein the workflow actually invokes the form. The invoking activity is also linked
to an approval process. As an example, consider the Leave Application Form. Once an
employee fills out the Leave Application Form and submits it, the associated workflow is
triggered and accordingly, the Form is invoked. It is sent to the reporting manager for approval.
http://www.skelta.com/bpm-resources/downloads/product-resources/Accounts-Payable-Solution.pdfhttp://www.skelta.com/bpm-resources/downloads/product-resources/Accounts-Payable-Solution.pdfhttp://www.skelta.com/bpm-resources/downloads/product-resources/Accounts-Payable-Solution.pdfhttp://sun.skelta.com/DeveloperGuide/ListOfInternalStatusCodesInSkeltaBPMNET2007.htmlhttp://sun.skelta.com/DeveloperGuide/ListOfInternalStatusCodesInSkeltaBPMNET2007.htmlhttp://sun.skelta.com/DeveloperGuide/ListOfInternalStatusCodesInSkeltaBPMNET2007.htmlhttp://www.skelta.com/bpm-resources/downloads/product-resources/Accounts-Payable-Solution.pdfhttp://www.skelta.com/bpm-resources/downloads/product-resources/Accounts-Payable-Solution.pdf -
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The manager also has the option to make comments and approve/reject the submitted form. See
the SUN Invoke Form Activity page at Exhibit P.
40. Invensyss Accused Systems also comprise the next element of Claim 1, makingavailable to said workflow enabled applications available business processes that a
predetermined one of said workflow enabled applications can initiate and specifying available
acts that a user of said predetermined workflow enabled application can take in each of the
initiated workflows of each of the available business processes. The Accused Systems make
available to workflow enabled applications available business processes that predetermined
workflow enabled applications can initiate, in addition to specifying available acts that a user of
the workflow enabled applications can take in each of the initiated workflows of each of the
available business processes. As an example, In Skelta BPM.NET, a workflow can be called
from another workflow provided both workflows belong to the same repository. In this case, the
calling workflow is termed as Parent Workflow and the workflow to be called is termed as Child
Workflow. The Workflow Activity enables the execution of a second (child) workflow from a
(parent) workflow. The Workflow Activity can be used to call a child workflow from a parent
workflow. The Variables for the child workflow property and XMLVariables for the child
workflow property enable parent workflow to pass variable and XML variable information to the
child workflow respectively. SUN Workflow Activity page at Exhibit N.
41. Invensyss Accused Systems also comprises the last element of Claim 1,database means for storing records of business process transactions. For an example of a
database means for storing records of business process transactions, see the Skelta Repository
which is a database that contains workflow definitions, queues, calendars, settings, workflow
execution data and Business Activity Monitoring (BAM) data. Data Sources for Skelta
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Repositories are defined in the Skelta Central Configuration Site. SUN Components page at
Exhibit I.
42. As a result of Invensyss infringement of the 109 Patent, Worqflow has sufferedmonetary damages and is entitled to a money judgment in an amount adequate to compensate for the
infringement, but in no event less than a reasonable royalty for the use made by Invensys of the
invention, together with interest and costs as fixed by the court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter a judgment:
1. In favor of Plaintiff that Defendant has infringed the 069, 837, 413 and 109
Patents;
2. Requiring Defendant to pay Plaintiff its damages, costs, expenses, and prejudgment
and post-judgment interest for Defendants infringement of the 069, 837, 413 and 109 Patents
as provided under 35 U.S.C. 284; and
3. Granting Plaintiff any and all other relief to which Plaintiff may show itself to be
entitled.
DEMAND FOR J URY 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: March 8, 2013 Respectfully submitted,
/s/ Darrell G. DotsonDarrell G. DotsonState Bar No. 24002010Gregory P. LoveState Bar No. 24013060Scott E. StevensState Bar No. 00792024Todd Y. Brandt
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State Bar No. 24027051STEVENS LOVEP.O. Box 3427Longview, Texas 75606Telephone: (903) 7536760
Facsimile: (903) [email protected]@[email protected]@stevenslove.com
Attorneys for Worqflow Technologies, LLC