PLAINTIFF BLUE CALYPSO’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENTAND JURY DEMAND
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JURISDICTION AND VENUE
This is an action for patent infringement arising under the Patent Laws of theUnited States, Title 35 of the United States Code.6.
This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).7.
Defendant is subject to this Court’s personal jurisdiction pursuant to due processand/or the Texas Long Arm Statute, due to Defendant’s substantial business conducted withinthe State of Texas and within this judicial district, including acts constituting direct and/orindirect infringement as alleged herein occurring within the State of Texas and within this judicial district.8.
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c) and1400(b).9.
This case is related to and involves the same patents involved in the followingprior action in the United States District Court for the Eastern District of Texas, Tyler Division:
Blue Calypso, Inc. v. Groupon, Inc.
, Civil Action No. 6:12-cv-486.
COUNT I – INFRINGEMENT OF U.S. PATENT NO. 7,664,516
The allegations set forth in the foregoing paragraphs 1 through 9 are incorporatedinto this First Count.11.
On February 16, 2010, United States Patent No. 7,664,516 (“the ‘516 Patent”),entitled “Method and System for Peer-to-Peer Advertising Between Mobile CommunicationDevices,” was duly and legally issued by the United States Patent and Trademark Office. A trueand correct copy of the ‘516 Patent is attached as Exhibit A to this Complaint.
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