Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Eclipse IP v. Callaway Golf Company

Eclipse IP v. Callaway Golf Company

Ratings:
(0)
|Views: 61|Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00217: Eclipse IP LLC v. Callaway Golf Company. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7Qv for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00217: Eclipse IP LLC v. Callaway Golf Company. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7Qv for more info.

More info:

Published by: PriorSmart on Mar 18, 2013
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

10/07/2013

pdf

text

original

 
1
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISION
 Eclipse IP LLC, ))Plaintiff, )
Case No.
______________ 
 
)v. ))
 Jury Trial Demanded
Callaway Golf Company, ))Defendant. ))
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Eclipse IP LLC ("Eclipse") complains of defendant CallawayGolf Company (“Callaway”) as follows:
Nature of Lawsuit
1.
 
 This is a suit for patent infringement arising under the patentlaws of the United States, Title 35 of the United States Code § 1 et seq. ThisCourt has exclusive jurisdiction over the subject matter of the Complaintunder 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 a principal place of business address at 115 NW 17thStreet, Delray Beach, Florida 33444.
 
23.
 
Eclipse owns all right, title, and interest in and has standing tosue for infringement of United States Patent No. 7,876,239 (“the ‘239patent”), entitled “Secure Notification Messaging Systems and MethodsUsing Authentication Indicia” (Exhibit A); United States Patent No.7,482,952 (“the ‘952 patent”), entitled “Response Systems and Methods forNotification Systems for Modifying Future Notifications” (Exhibit B); andUnited States Patent No. 7,119,716 (“the ‘716 patent”), entitled “ResponseSystems and Methods for Notification Systems for Modifying FutureNotifications” (Exhibit C) (collectively, “the Patents-in-Suit”).4.
 
On information and belief, Callaway is a corporation organizedand existing under the laws of Delaware.5.
 
On information and belief, Callaway does regular business inthis judicial district and has committed acts of infringement in this judicialdistrict.
 Jurisdiction and Venue
6.
 
 This Court has personal jurisdiction over Callaway becauseCallaway transacts continuous and systematic business within the State of  Texas and this judicial district; is operating and/or supporting products orservices that fall within one or more claims of Eclipse’s patents in this
 
3 judicial district; 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.
 
Callaway has infringed one or more claims of the ‘239 patentthrough, among other activities, providing and/or selecting, and enablingcustomers to provide and/or select, authentication information for use inconnection with online orders, storing the authentication information, andproviding the authentication information in notification communications tocustomers.9.
 
Callaway has infringed one or more claims of the ‘952 patentthrough, among other activities, providing electronic notificationcommunications to customers in connection with online orders, whichinform them of a change in the order status, and allow the customers to makea change or cancellation regarding the order.10.
 
Callaway has infringed one or more claims of the ‘716 patentthrough, among other activities, storing customers’ contact data in memoryand providing notification communications to the customers which enablethem to change the contact data.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->