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Eclipse IP v. Provide Commerce

Eclipse IP v. Provide Commerce

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:12-cv-02184-CAB-WMC: Eclipse IP LLC v. Provide Commerce, Inc. Filed in U.S. District Court for the Southern District of California, the Hon. Cathy Ann Bencivengo presiding. See http://news.priorsmart.com/-l6EA for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:12-cv-02184-CAB-WMC: Eclipse IP LLC v. Provide Commerce, Inc. Filed in U.S. District Court for the Southern District of California, the Hon. Cathy Ann Bencivengo presiding. See http://news.priorsmart.com/-l6EA for more info.

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Published by: PriorSmart on Sep 07, 2012
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04/04/2014

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1COMPLAINT FOR PATENT INFRINGEMENT
NEWPORT TRIALGROUP
 
Tyler J. Woods, Bar No. 232464twoods@trialnewport.com Scott J. Ferrell, Bar No. 202091sferrel@trialnewport.com NEWPORT TRIAL GROUP895 Dove Street, Suite 425Newport Beach, CA 92660Tel: (949) 706-6464Fax: (949
) 706-6469 Attorneys for Plaintiff ECLIPSE IP LLC 
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIA
ECLIPSE IP LLCPlaintiffs,vs.PROVIDE COMMERCE, INC.,Defendant.Case No. 
COMPLAINT FOR PATENTINFRINGEMENTJURY TRIAL DEMANDED
Complaint Filed: N/ATrial Date:N/A
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Eclipse IP LLC (“Eclipse”), by counsel, complains of defendant Provide Commerce,Inc. (“Provide Commerce”) as follows:
NATURE OF LAWSUIT
1.
 
This is a suit for patent infringement arising under the patent laws of the United States,Title 35 of the United States Code § 1
et seq
. This Court has exclusive jurisdiction over the subjectmatter of the Complaint under 28 U.S.C. §§ 1331 and 1338(a).
PARTIES AND PATENTS
2.
 
Eclipse is a company organized and existing under the laws of Florida and having aprincipal place of business address at 115 NW 17th Street, Delray Beach, Florida 33444. / / /  / / / 
 
'12
CV2184
WMC
CAB
 
 12345678910111213141516171819202122232425262728
2COMPLAINT FOR PATENT INFRINGEMENT
NEWPORT TRIALGROUP
 
3.
 
Eclipse owns all right, title, and interest in and has standing to sue for infringement of United States Patent No. 7,479,899 (“the ‘899 patent”), entitled “Notification Systems and MethodsEnabling a Response to Cause Connection Between a Notified PCD and a Delivery or Pickup”(Exhibit A); United States Patent No. 7,876,239 (“the ‘239 patent”), entitled “Secure NotificationMessaging Systems and Methods Using Authentication Indicia” (Exhibit B); United States Patent No.7,319,414 (“the ‘414 patent”), entitled “Secure Notification Messaging Systems and Methods UsingAuthentication Indicia” (Exhibit C); United States Patent No. 7,482,952 (“the ‘952 patent”), entitled“Response Systems and Methods for Notification Systems for Modifying Future Notifications”(Exhibit D); and United States Patent No. 7,119,716 (“the ‘716 patent”), entitled “Response Systemsand Methods for Notification Systems for Modifying Future Notifications” (Exhibit E) (collectively,“the Eclipse Patents”).4.
 
On information and belief, Provide Commerce is a corporation incorporated inDelaware and has its principal place of business at 4840 Eastgate Mall, San Diego, CA 92121.5.
 
On information and belief, Provide Commerce does regular business in this judicialdistrict and has committed acts of infringement in this judicial district.
JURISDICTION AND VENUE
 6.
 
This Court has personal jurisdiction over Provide Commerce under Cal. Civ. Proc.Code § 410.10 because Provide Commerce is transacting business within the State of California andthis judicial district; has an agent for service of process in this judicial district; is operating and/orsupporting products or services that fall within one or more claims of Eclipse’s patents in this judicialdistrict; and has committed the tort of patent infringement in this judicial district.7.
 
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(d) and 1400(b).
DEFENDANT’S ACTS OF PATENT INFRINGEMENT
8.
 
Provide Commerce has infringed one or more claims of the ‘899 patent through, amongother activities: the use of its electronic order, purchase, and product return status messaging andinformation systems that include URL links; and providing the users or recipients of electronicmessages with authentication modifications to future electronic messages, and additional informationassociated with the status of a purchase or return.
 
 12345678910111213141516171819202122232425262728
- 3 -COMPLAINT FOR PATENT INFRINGEMENT
NEWPORT TRIALGROUP
 
9.
 
Provide Commerce has actively induced and/or contributed to the infringement byothers of one or more claims of the ‘899 patent through, among other activities: by continuing toprovide to customers the use of its electronic order, purchase, and product return status messaging andinformation systems that include URL links, after having received notice of its infringement of the‘899 patent; and by continuing to provide customers electronic messages with authentication,modifications to future electronic messages, and additional information associated with the status of apurchase or return, after having received notice of its infringement of the ‘899 patent.10.
 
Eclipse is informed and believes, and thereupon alleges, that Provide Commerce’sinfringement of the ‘899 patent as set forth herein has been and is willful, deliberate and in disregardof Eclipse’s patent rights, and Eclipse is therefore entitled to increased damages up to three times theamount of actual damages and attorneys’ fees, pursuant to 35 U.S.C. §§ 284, 285.11.
 
Provide Commerce has infringed one or more claims of the ‘239 patent through, amongother activities: the use of its electronic order, purchase, and product return status messaging andinformation systems that include URL links; and providing the users or recipients of electronicmessages with authentication modifications to future electronic messages, and additional informationassociated with the status of a purchase or return.12.
 
Provide Commerce has actively induced and/or contributed to the infringement byothers of one or more claims of the ‘239 patent through, among other activities: by continuing toprovide to customers the use of its electronic order, purchase, and product return status messaging andinformation systems that include URL links, after having received notice of its infringement of the‘239 patent; and by continuing to provide customers electronic messages with authentication,modifications to future electronic messages, and additional information associated with the status of apurchase or return, after having received notice of its infringement of the ‘239 patent.13.
 
Eclipse is informed and believes, and thereupon alleges, that Provide Commerce’sinfringement of the ‘239 patent as set forth herein has been and is willful, deliberate and in disregardof Eclipse’s patent rights, and Eclipse is therefore entitled to increased damages up to three times theamount of actual damages and attorneys’ fees, pursuant to 35 U.S.C. §§ 284, 285. / / / 

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