Worqflow Technologies v. Invensys Systems

7/29/2019 Worqflow Technologies v. Invensys Systems

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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







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.



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




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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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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.




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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

Documents

Worqflow Technologies v. Invensys Systems