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CodePro Innovations v. Safeway

CodePro Innovations v. Safeway

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00970-UNA: CodePro Innovations LLC v. Safeway Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l6rK for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00970-UNA: CodePro Innovations LLC v. Safeway Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l6rK for more info.

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Published by: PriorSmart on Jul 24, 2012
Copyright:Public Domain

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09/13/2013

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 PLAINTIFF CODEPRO INNOVATIONS LLC'sCOMPLAINT FOR PATENT INFRINGEMENT Page 1 of 6
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARECODEPRO INNOVATIONS LLCPlaintiff,v.SAFEWAY INC.
.
Defendant.Civil Action No.JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff CodePro Innovations LLC ("CodePro" or "Plaintiff"), by way of Complaintagainst defendant Safeway Inc. ("Safeway" or "Defendant"), hereby alleges as follows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. §§ 1,
et seq
.
THE PARTIES
2.
 
Plaintiff CodePro is a limited liability company organized under the laws of theState of Texas with its principal place of business at 777 Enterprise Drive, Hewitt, Texas 76643.3.
 
Defendant Safeway Inc. is a corporation organized under the laws of the State of Delaware with its principal place of business at 5918 Stoneridge Mall Road, Pleasanton,California 94588. Upon information and belief, Safeway conducts retail operations undermultiple brands including Safeway, Genuardi's, Dominick's, Carrs, Vons, Pavilions, Randallsand Tom Thumb.
 
 PLAINTIFF CODEPRO INNOVATIONS LLC'sCOMPLAINT FOR PATENT INFRINGEMENT Page 2 of 6
JURISDICTION AND VENUE
4.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, Title 35 of the United States Code.5.
 
This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 13386.
 
Safeway is subject to this Court's specific and general personal jurisdictionpursuant to due process by virtue of its incorporation in this forum and its systematic andregularly conducted business activities in this forum, including least committing in this forumsome of the acts of infringement alleged and described in further detail herein. As such, Safewayhas purposefully availed itself of the privilege of conducting business within this JudicialDistrict; has established sufficient minimum contacts with this Judicial District such that itshould reasonably and fairly anticipate being haled into court in this Judicial District; haspurposefully directed activities at residents of this State; and at least a portion of the patentinfringement claims alleged herein arise out of or are related to one or more of the foregoingactivities.7.
 
Venue is proper in this Judicial District under 28 U.S.C. §§ 1391(c) and 1400(b).
COUNT I – INFRINGEMENT OF U.S. PATENT NO. 5,924,078
8.
 
The allegations set forth in the foregoing paragraphs 1 through 7 are herebyrealleged and incorporated herein by reference.9.
 
On July 13, 1999, U.S. Patent No. 5,924,078 ("the '078 patent"), entitled"Consumer-Provided Promotional Code Actuatable Point-of-Sale Discounting System," wasduly and legally issued by the United States Patent and Trademark Office. A true and correctcopy of the '078 Patent is attached as Exhibit A to this Complaint.
 
 PLAINTIFF CODEPRO INNOVATIONS LLC'sCOMPLAINT FOR PATENT INFRINGEMENT Page 3 of 6
10.
 
CodePro is the assignee and owner of the right, title and interest in and to the '078Patent, including the right to assert all causes of action arising under said patent and the right toany remedies for infringement of it.11.
 
In violation of 35 U.S.C. § 271, Safeway has directly infringed and continues todirectly infringe, both literally and under the doctrine of equivalents, the '078 Patent by makingand using in the United States, including in this Judicial District, systems and methods thatpractice the subject matter claimed in one or more claims of the '078 Patent ("the '078 AccusedProducts and Services"), without the authority of CodePro. The '078 Accused Products andServices include, without limitation, Safeway's loyalty card discount and Gas Rewards Pointsprograms, and hardware and software for implementing Safeway's loyalty card discount and GasRewards Programs, including hardware and software for accepting Safeway loyalty card accountinformation entered by consumers and providing discounts related to said information. Oninformation and belief, Safeway's loyalty card programs include Safeway Club Card, Genuardi'sClub Card, Fresh Values Card, CarrsPlus/Safeway Club Card, VonsClub Card, PavilionsValuePlus Card, Randalls Remarkable Card and Tom Thumb Reward Card.12.
 
CodePro provided actual notice to Safeway of its infringement of the '078 Patentin a letter sent by certified mail on June 5, 2012.13.
 
Safeway has had actual knowledge of the '078 Patent and its infringement of thatpatent since at least the date that Safeway received the June 5, 2012 letter.14.
 
CodePro has been harmed by Safeway's infringing activities.15.
 
CodePro provided notice of infringement of the '078 Patent to Safeway, butSafeway thereafter continued to infringe the patent. On information and belief, Safeway'sinfringement has been and continues to be willful.

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