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Lennon Image Technologies v. Lumondi

Lennon Image Technologies v. Lumondi

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00238: Lennon Image Technologies, LLC v. Lumondi Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7SW for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00238: Lennon Image Technologies, LLC v. Lumondi Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7SW for more info.

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Published by: PriorSmart on Mar 28, 2013
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07/30/2013

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PLAINTIFF LENNON IMAGE TECHNOLOGIES, LLC’S COMPLAINT FOR PATENTINFRINGEMENT AGAINST LUMONDI INC. D/B/A LUMINOX WATCH COMPANY Page 1
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISION
LENNON IMAGE TECHNOLOGIES,LLC,
Plaintiff,
v.LUMONDI INC. D/B/A LUMINOXWATCH COMPANY
Defendant.
§§§§§§§§§§Civil Action No. _____
 JURY TRIAL DEMANDEDPLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT TO LUMONDI INC.
Plaintiff Lennon Image Technologies, LLC (“LIT”) files this Complaint against LumondiInc. d/b/a Luminox Watch Company (“Defendant” or “Lumondi”) and alleges 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, Defendant Lumondi is a corporation organized andexisting under the laws of the State of Delaware, with its principal place of business located at2301 Kerner Blvd., Suite A, San Rafael, California 94901. Lumondi may be served with processthrough its registered agent Barry Cohen, 2301 Kerner Blvd., Suite A, San Rafael, California94901.
 
PLAINTIFF LENNON IMAGE TECHNOLOGIES, LLC’S COMPLAINT FOR PATENTINFRINGEMENT AGAINST LUMONDI INC. D/B/A LUMINOX WATCH COMPANY Page 2
BACKGROUND
3.
 
On information and belief, Defendant Lumondi is in the business of designing,distributing, and engaging in the retail of high-performance sports watches.4.
 
On information and belief, Defendant Lumondi engages in electronic commerceconducted on and using at least, but not limited to, thewebsiteswww.luminox.com,http://www.luminox.com/vr/virtual-reality/,  andhttp://www.luminox.com/__vr/.5.
 
On information and belief, Defendant Lumondi owns, operates, and/or directs theoperation of the website www.luminox.com,which has an apparatus for manipulating a customer image corresponding to a customer athttp://www.luminox.com/vr/virtual-reality/  andhttp://www.luminox.com/__vr/ (“Virtual Reality Interface”). 6.
 
Defendant Lumondi provides users with access to its websites and provides userswith the ability to download, upload, and/or install software required to operate its VirtualReality Interface.7.
 
Defendant directs users to operate its Virtual Reality Interface, for example, byproviding instructions on proper use and operation of its Virtual Reality Interface.
 JURISDICTION AND VENUE
8.
 
 This is an action for patent infringement arising under the patent laws of theUnited States of America, Title 35, United States Code.9.
 
 This Court has original jurisdiction over the subject matter of this action pursuantto 28 U.S.C. §§ 1331 and 1338(a).10.
 
Upon information and belief, Defendant is subject to this Court’s general and/orspecific personal jurisdiction because it (a) is a resident of the State of Texas; (b) has designated
 
PLAINTIFF LENNON IMAGE TECHNOLOGIES, LLC’S COMPLAINT FOR PATENTINFRINGEMENT AGAINST LUMONDI INC. D/B/A LUMINOX WATCH COMPANY Page 3
an agent for service of process in the State of Texas; (c) has committed acts of infringement inthe State of Texas as alleged below; and/or (d) is engaged in continuous and systematic activitiesin the State of Texas.11.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b). Oninformation and belief, Defendant has a regular and established place of business in this district,and/or has transacted business in this district, and/or has committed, contributed to thecommitment of, and/or induced acts of patent infringement in this district.
 THE PATENT-IN-SUIT
12.
 
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.13.
 
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
14.
 
Defendant has been and is now directly infringing one or more claims of the 843Patent in violation of 35 U.S.C. § 271(a), by making, using, selling, offering for sale orimporting in the United States the computer implemented websitewww.luminox.com,which has an apparatus for manipulating a customer image corresponding to a customerat www.luminox.com/vr/virtual-reality/ and http://www.luminox.com/__vr/.  15.
 
In addition and/or in the alternative, Lumondi Inc., has been and/or is nowindirectly infringing one or more claims of the 843 Patent and is continuing to engage in suchindirect infringement in violation of 35 U.S.C. § 271(b) by inducing visitors to its website and

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