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Rewards Network v. Thanks Again

Rewards Network v. Thanks Again

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-03107: Rewards Network Inc. v. Thanks Again, LLC. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l86j for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-03107: Rewards Network Inc. v. Thanks Again, LLC. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l86j for more info.

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Published by: PriorSmart on Apr 26, 2013
Copyright:Public Domain

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04/26/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISION
REWARDS NETWORK INC., )a Delaware corporation, ))Plaintiff, ))v. ) Case No.)THANKS AGAIN, LLC ) Jury Trial Demandeda Delaware limited liability company, ))Defendant. )
COMPLAINT FOR PATENT INFRINGEMENT
 Plaintiff, Rewards Network Inc. (“Rewards Network”), for its Complaint againstDefendant, Thanks Again, LLC (“Thanks Again”), seeking damages, injunctive relief, and other relief for patent infringement, alleges as follows:
PARTIES
1.
 
Rewards Network is a corporation organized and existing under the laws of theState of Delaware. Rewards Network has its principal place of business at 2 North RiversidePlaza, Suite 200, Chicago, Illinois 60606.
2.
 
On information and belief, Thanks Again is a limited liability company organizedand existing under the laws of the State of Delaware. Upon information and belief, ThanksAgain has its principal place of business at 1015 Tyrone Road, Suite 820, Tyrone, GA 30290.
JURISDICTION AND VENUE
 3.
 
This Court has jurisdiction over Rewards Network’s patent infringement claimsunder 28 U.S.C. § 1338(a).
Case: 1:13-cv-03107 Document #: 1 Filed: 04/25/13 Page 1 of 4 PageID #:1
 
 
2
4.
 
This Court has personal jurisdiction over Thanks Again because it
 
has engaged insubstantial business and/or has committed infringing acts in this Judicial District.5.
 
Venue is proper in this district pursuant to 28 U.S.C. § 1400(b) because ThanksAgain has committed acts of patent infringement and is subject to personal jurisdiction in thisDistrict.
COUNT
6.
 
On April 26, 2011, the United States Patent and Trademark Office issued U.S.Patent No. 7,933,841 (the “'841 Patent”) entitled System and Method for Providing Consumer Rewards, a copy of which is attached hereto as Exhibit A. The '841 Patent describes and claimsa method for providing an automated customer reward program.7.
 
Rewards Network is the owner of the entire right, title, and interest in the '841Patent.8.
 
Since the issuance of the '841 Patent, Thanks Again has infringed and is stillinfringing one or more claims of the '841 patent by operating its Thanks Again rewards program,which embodies the patented invention recited in one or more claims of the '841 Patent.9.
 
Since the issuance of the '841 Patent, Thanks Again has infringed the '841 Patent jointly, in conjunction with third parties operating under Thanks Again’s direction and/or control. Specifically, on information and belief, as a condition for participation in ThanksAgain’s rewards program, merchants are contractually obligated to provide credit cardtransactional information regarding purchases made by Thanks Again customers (e.g.,consumers enrolled in Thanks Again’s rewards program) to a credit card aggregator.Accordingly, third parties practice one or more step(s) recited in one or more claims of the '841Patent under the direction and/or control of Thanks Again. The remaining steps recited in one
Case: 1:13-cv-03107 Document #: 1 Filed: 04/25/13 Page 2 of 4 PageID #:2
 
 
3
or claims of the '841 Patent are performed by Thanks Again directly, through the operation of Thanks Again’s rewards program.
 
10.
 
Thanks Again’s infringement will continue unless enjoined by this Court.11.
 
Thanks Again has caused Rewards Network to suffer, and unless enjoined by thisCourt, will cause Rewards Network to continue to suffer substantial injury, including lost profits,for which Rewards Network is entitled to damages adequate to compensate it for Thanks Again’sinfringement.
PRAYER FOR RELIEF
 WHEREFORE, Plaintiff Rewards Network respectfully requests judgment and relief against Thanks Again as follows:A.
 
A judgment that Thanks Again has infringed the '841 Patent;B.
 
An injunction against Thanks Again, its subsidiaries, affiliates, parents,successors, assignees, officers, agents, servants, employees, and all persons acting in concert or in participation with them, or any of them, permanently enjoining each of them from infringing,contributing to, or inducing the infringement of the '841 Patent;C.
 
Awarding Rewards Network damages adequate to compensate for ThanksAgain’s infringement of the '841 Patent, but in no event less than a reasonable royalty on ThanksAgain’s use of Rewards Network’s invention;D.
 
Awarding pre-judgment interest on any damages award;E.
 
Increasing Thanks Again's liability for damages up to three times the amountfound or assessed, in the event that Thanks Again's infringement of the '841 Patent is adjudged to be willful;
Case: 1:13-cv-03107 Document #: 1 Filed: 04/25/13 Page 3 of 4 PageID #:3

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