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StrikeForce Technologies v. PhoneFactor Et. Al.

StrikeForce Technologies v. PhoneFactor Et. Al.

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Published by PatentBlast
StrikeForce Technologies v. PhoneFactor et. al.
StrikeForce Technologies v. PhoneFactor et. al.

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Published by: PatentBlast on Apr 01, 2013
Copyright:Attribution Non-commercial

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09/02/2013

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121172.00602/36266160v.9
1
UNITED STATES DISTRICT COURTDISTRICT OF DELAWARE
STRIKEFORCE TECHNOLOGIES, INC.,1090 King Georges Post RoadEdison, New Jersey 08837,Plaintiff,v.PHONEFACTOR, INC.7301 West 129th StreetOverland Park, Kansas 66213,AndFISERV, INC.255 Fiserv DriveBrookfield, Wisconsin 53045,AndFIRST MIDWEST BANCORP, INC.One Pierce Place, Suite 1500Itasca, Illinois 60143-9768,Defendants.Case No.
COMPLAINT FOR PATENTINFRINGEMENT
 Jury Trial DemandedStrikeForce Technologies, Inc. (hereinafter “Plaintiff”), files this Complaint for patentinfringement against PhoneFactor, FiServ, Inc., and First Midwest Bancorp, Inc., (hereinafter“Defendants”), and, in support thereof, further states and alleges as follows:
 THE PARTIES
1.
 
Plaintiff, StrikeForce Technologies, Inc. is a corporation incorporated in the stateof Wyoming, with its principal place of business located at 1090 King Georges Post Road,Edison, New Jersey 08837.2.
 
Upon information and belief, Defendant PhoneFactor, Inc. is a corporationincorporated in the state of Delaware, having its principal place of business at 7301 West 129thStreet, Overland Park, Kansas 66213. The registered agent for process of service is Corporation
 
 
121172.00602/36266160v.9
2Service Company located at 2711 Centerville Road, Suite 400, Wilmington, DE 19808.3.
 
Upon information and belief, Defendant Fiserv, Inc. is a corporation incorporatedin the state of Delaware, with its principal place of business at 255 Fiserv Drive, Brookfield,Wisconsin 53045. The registered agent for process of service is The Corporation TrustCompany located at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801.4.
 
Upon information and belief, Defendant First Midwest Bancorp, Inc.,is a corporation incorporated in the state of Delaware, with its principal place of businessat One Pierce Place, Suite 1500, Itasca, Illinois 60143-9768. The registered agent for process of service is United States Corporation Company, 2711 Centerville Road, Suite 400, Wilmington,DE 19808. On further information and belief, Defendant First Midwest Bancorp, conductsbanking operations in the name of First Midwest Bank.
 JURISDICTION AND VENUE
5.
 
 This is a civil action for patent infringement under the laws of the United States, Title 35 United States Code §§ 1,
et seq
.6.
 
 This Court has subject-matter jurisdiction over this action under 28 U.S.C.§§ 1331 (federal question) and 1338(a) (patent-exclusive jurisdiction).7.
 
 This Court has personal jurisdiction over Defendants because the Defendants areincorporated in the state of Delaware.8.
 
Venue is proper under 28 U.S.C. §§ 1391(b) and (c) and § 1400(b), becauseDefendants are subject to personal jurisdiction in this judicial district.
FACTUAL BACKGROUND
9.
 
On January 11, 2011, the United States Patent and Trademark Office dulyand legally issued U.S. Patent No. 7,870,599, entitled “Multichannel Device Utilizing aCentralized Out-of-Band Authentication System (COBAS)” (“the 599 Patent”).
 
 
121172.00602/36266160v.9
3On December 27, 2011, the United States Patent and Trademark Office duly and legally issuedEx Parte Reexamination Certificate No. 7,870,599C1. A true and correct copy of the599 Patent, including the ’599C1 Certificate, is attached hereto as Exhibit A.10.
 
Plaintiff, StrikeForce Technologies, Inc. is the owner by assignmentof the 599 Patent.11.
 
 The’599 Patent is directed to a multichannel security system and method forauthenticating a user seeking to gain access to, for example, Internet websites and VPNnetworks, such as those used for conducting banking, social networking, business activities,and other online services. Such technology is sometimes known as “out-of-band” authentication.12.
 
StrikeForce offers a product having out-of-band authentication, known asProtectID
®
. Since at least as early as February 10, 2011, the statutory notice was placed on theProtectID
®
product.13.
 
On or about February 26, 2009, Defendant PhoneFactor submitted to theU.S. Patent and Trademark Office application no. 12/394,016, which included claims directedto out-of-band authentication.14.
 
On May 2, 2011, StrikeForce Technologiescounsel sent a letter to DefendantPhoneFactor’s counsel giving him actual notice of the 599 Patent.15.
 
On October 10, 2012, StrikeForce Technologies’ counsel sent a letterto Defendant PhoneFactor’s Chief Executive Officer counsel giving him actual notice of the599 Patent.16.
 
Neither PhoneFactor nor its counsel has responded to either of those letters.
COUNT IDirect Infringement of the 599 Patent
17.
 
Plaintiff incorporates by this reference the averments set forth in paragraphs 1

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