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Infogroup v. Lodsys

Infogroup v. Lodsys

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. None: Infogroup, Inc. v. Lodsys, LLC. Filed in U.S. District Court for the District of Nebraska, no judge yet assigned. See http://news.priorsmart.com/-l7He for more info.
Official Complaint for Declaratory Judgement in Civil Action No. None: Infogroup, Inc. v. Lodsys, LLC. Filed in U.S. District Court for the District of Nebraska, no judge yet assigned. See http://news.priorsmart.com/-l7He for more info.

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Published by: PriorSmart on Feb 22, 2013
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02/22/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEBRASKAINFOGROUP, INC.,Plaintiff,v.LODSYS, LLC,Defendant.Civil Action No. ________ 
COMPLAINT FOR DECLARATORYJUDGMENT
Plaintiff Infogroup, Inc. (“Infogroup”) hereby alleges for its Complaint for DeclaratoryJudgment against Defendant Lodsys, LLC (“Lodsys”) as follows:
NATURE OF THE ACTION
1. This is an action for a declaratory judgment that Infogroup does not infringe any validclaim of United States Patent Nos. 5,999,908 (“the ‘908 patent”), 7,133,834 (“the ‘834 patent”),7,222,078 (“the ‘078 patent”) or 7,620,565 (“the ‘565 patent”) (collectively, the “AssertedPatents”), and for a declaratory judgment that the claims of each of the Asserted patent areinvalid.2. A true and correct copy of the ‘908 patent is attached hereto as Exhibit A.3. A true and correct copy of the ‘834 patent is attached hereto as Exhibit B.4. A true and correct copy of the ‘078 patent is attached hereto as Exhibit C.5. A true and correct copy of the ‘565 patent is attached hereto as Exhibit D.
 
2
THE PARTIES
6. Plaintiff Infogroup, thorough its business division Salesgenie, provides online prospecting and marketing solutions. Infogroup is a corporation organized and existing under thelaws of the State of Delaware, having a principal place of business at 1020 E. 1st Street,Papillion, Nebraska 68046.7. On information and belief, Lodsys is a limited liability company organized andexisting under the laws of the State of Texas, having a place of business at 505 East TravisStreet, Suite 207, Marshall, Texas 75670.
JURISDICTION AND VENUE
8. This action arises under the patent laws of the United States, Title 35, United StatesCode 35 U.S.C. § 1, et seq., and under the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201and 2202. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§1131, 1138(a), 2201 and 2202.9. This action is filed to resolve an actual and justiciable controversy between the partieshereto. Lodsys’ conduct towards Infogroup establishes that a real and substantial dispute exists between the parties regarding Lodsys’ allegations that Infogroup’s products infringe the ‘908 patent, the ‘834 patent, the ‘078 patent and/or the ‘565 patent. This dispute is both definite andconcrete and admits of specific relief through a decree of a conclusive character. As set forth insucceeding paragraphs herein, there is a conflict of asserted rights among the parties and anactual controversy exists between Infogroup and Lodsys with respect to the infringement,validity and scope of the ‘908 patent, the ‘834 patent, the ‘078 patent and the ‘565 patent.10. Upon information and belief, this Court has personal jurisdiction over Lodsys becauseLodsys has purposely availed itself of the benefits and protections of the laws of this State,
 
3including this Judicial District, in connection with its conduct in wrongfully asserting theAsserted Patents against Infogroup, and in pursuing licensing and enforcement activitiesregarding the Asserted Patents throughout Nebraska.11. Venue over this action is proper pursuant to the provisions of 28 U.S.C. §§ 1391 and1400.
ALLEGATIONS SUPPORTING DECLARATORY JUDGMENT JURISDICTION
12. Infogroup realleges and incorporates herein by reference each and every allegationcontained in paragraphs 1-11.13. Through communications and conduct, Lodsys has threatened assertion of the ‘908 patent, the ‘834 patent, the ‘078 patent and/or the ‘565 patent against Infogroup’s Salesgenie product.14. On or about September 27, 2011, Lodsys sent a letter to Infogroup’s businessdivision, Salesgenie, alleging that Infogroup is infringing the Asserted Patents and that saidinfringement is demonstrated by Lodsys’ attached “claims chart.” The September 27, 2011 letter also offered a license to Infogroup under “the Lodsys Patents,” which was defined as includingthe ‘908 patent, the ‘834 patent, the ‘078 patent and the ‘565 patent. A true and correct copy of the Lodsys’ September 27, 2011 letter is attached hereto as Exhibit E.
FIRST CLAIM FOR RELIEF(Declaratory Judgment of Non-infringement of the ‘908 patent)
15. Infogroup realleges and incorporates herein by reference each and every allegationcontained in paragraphs 1-14.

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