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Lennon Image Technologies v. Macys et. al.

Lennon Image Technologies v. Macys et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00235: Lennon Image Technologies, LLC v. Macys, Inc. et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7ST for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00235: Lennon Image Technologies, LLC v. Macys, Inc. et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7ST for more info.

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Published by: PriorSmart on Mar 28, 2013
Copyright:Public Domain

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03/28/2013

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PLAINTIFF LENNON IMAGE TECHNOLOGIES, LLC’S COMPLAINT FOR PATENTINFRINGEMENT AGAINST MACY’S, INC. AND BLOOMINGDALE’S, INC. Page 1
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISION
LENNON IMAGE TECHNOLOGIES,LLC,
Plaintiff,
v.MACY’S, INC.AND BLOOMINGDALE’S, INC.
Defendants.
§§§§§§§§§§Civil Action No. _____
 JURY TRIAL DEMANDEDPLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT TO MACY’S INC. AND BLOOMINGDALES INC.
Plaintiff Lennon Image Technologies, LLC (“LIT”) files this Complaint against Macys,Inc. (“Macy’s”) and Bloomingdales, Inc. (“Bloomingdales”) (collectively, “Defendants”) andalleges as follows:
PARTIES
1.
 
Plaintiff LIT is a Texas Limited Liability Company with its principal place of business at 1910 East Southeast Loop 323, #244, Tyler, Texas 75701.2.
 
Upon information and believe, Defendants are corporations organized andexisting under the laws of the State of Ohio, with their principal place of business located at 7West Seventh Street, Cincinnati, Ohio 45202. Defendants may be served with process throughtheir registered agent Corporation Service Company, 2170 Gateway Oaks Dr. Ste. 150N,Sacramento, California 95833.
 
PLAINTIFF LENNON IMAGE TECHNOLOGIES, LLC’S COMPLAINT FOR PATENTINFRINGEMENT AGAINST MACY’S, INC. AND BLOOMINGDALE’S, INC. Page 2
BACKGROUND
3.
 
On information and belief, Defendants are nationwide retailers that operatedepartment stores, furniture galleries, home stores, and outlet stores.4.
 
On information and belief, Defendant Macys owns, operates, and/or is doingbusiness as Bloomingdale’s.5.
 
On information and belief, Defendants have made and continue to make availableto their customers virtual fitting apparatuses for manipulating an image corresponding to acustomer.6.
 
On information and belief, Defendant Bloomingdale’s has made and continues tomake virtual fitting apparatuses available to customers, including a virtual sunglasses try-onapparatus (“VSTA”).7.
 
On information and belief, Defendant Bloomingdale’s has made and continues tomake virtual fitting apparatuses available to customers, including virtual fitting rooms, forexample, the “Swivel.8.
 
On information and belief, Defendants have made and continue to make virtualfitting apparatuses available to customers, including a virtual mirror apparatus, for example, the“Magic Mirror” and/or the “Magic Fitting Room,” which allows customers to virtually try-onavailable merchandise.
 JURISDICTION AND VENUE
9.
 
 This is an action for patent infringement arising under the patent laws of theUnited States of America, Title 35, United States Code.10.
 
 This Court has original jurisdiction over the subject matter of this action pursuantto 28 U.S.C. §§ 1331 and 1338(a).
 
PLAINTIFF LENNON IMAGE TECHNOLOGIES, LLC’S COMPLAINT FOR PATENTINFRINGEMENT AGAINST MACY’S, INC. AND BLOOMINGDALE’S, INC. Page 3
11.
 
Upon information and belief, Defendants are subject to this Court’s general and/orspecific personal jurisdiction because it (a) are residents of the State of Texas; (b) havedesignated an agent for service of process in the State of Texas; (c) have committed acts of infringement in the State of Texas as alleged below; and/or (d) are engaged in continuous andsystematic activities in the State of Texas.12.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b). Oninformation and belief, Defendants have a regular and established place of business in thisdistrict, and/or have transacted business in this district, and/or have committed, contributed to thecommitment of, and/or induced acts of patent infringement in this district.
 THE PATENT-IN-SUIT
13.
 
On September 23, 2003, the United States Patent and Trademark Office issuedUnited States Patent No. 6,624,843 (“the 843 Patent”) entitled “Customer Image Capture andUse Thereof in a Retailing System,a true copy of which is attached as Exhibit A.14.
 
LIT is the owner by assignment of the ‘843 Patent and owns all right, title andinterest in the ‘843 Patent, including the right to sue for and recover all past, present and futuredamages for infringement of the 843 Patent.
CLAIM 1 – INFRINGEMENT OF U.S. PATENT NO. 6,624,843
15.
 
Defendants have been and are now directly infringing one or more claims of the843 Patent in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale orimporting in the United States apparatuses for manipulating a customer image corresponding to acustomer (“Virtual Fitting Apparatuses”).16.
 
In addition and/or in the alternative, Defendants have been and/or are nowindirectly infringing one or more claims of the 843 Patent and is continuing to engage in such

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