Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Blue Calypso v. MyLikes

Blue Calypso v. MyLikes

Ratings: (0)|Views: 44 |Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00428: Blue Calypso, Inc. v. MyLikes Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8ud for more info.
Official Complaint for Patent Infringement in Civil Action No. 6:13-cv-00428: Blue Calypso, Inc. v. MyLikes Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l8ud for more info.

More info:

Published by: PriorSmart on May 28, 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

05/28/2013

pdf

text

original

 
Original Complaint for Patent Infringement – Page 1
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF TEXASTYLER DIVISIONBLUE CALYPSO, INC.,Plaintiff v.MYLIKES, INC.DefendantCivil Action No.JURY TRIAL DEMANDEDORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
Blue Calypso files this Original Complaint and demand for jury trial seeking relief for  patent infringement by MyLikes. Blue Calypso alleges the following:
THE PARTIES
1.
 
Plaintiff Blue Calypso, Inc. is a Delaware corporation, with its principal place of  business located in this District at 19111 North Dallas Parkway, Suite 200, Dallas, Texas 75287.2.
 
On information and belief, Defendant MyLikes, Inc. is a Delaware corporation,with its principal place of business at 1000 Brannan, St., #502, San Francisco, CA, 94103.Defendant MyLikes, Inc. may be served with summons by serving its registered agent for theservice of process, The Corporation Trust Company at Corporation Trust Center, 1209 OrangeStreet, Wilmington, Delaware 19801.
JURISDICTION AND VENUE
3.
 
This is an action for patent infringement arising under the patent laws of theUnited States, 35 U.S.C. §§ 1 et. seq. This Court has subject matter jurisdiction pursuant to 28U.S.C. §§ 1331 and 1338(a).4.
 
This Court has personal jurisdiction over MyLikes because MyLikes hassufficient minimum contacts with the forum as a result of business conducted within the State of 
 
Original Complaint for Patent Infringement – Page 2
Texas and within this judicial district and because MyLikes has committed acts of patentinfringement within the State of Texas and within this judicial district.5.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c)and 1400(b).
INFRINGEMENT
6.
 
On May 28, 2013, United States Patent No. 8,452,646 (“the ‘646 patent”) entitled“System and Method for Providing Endorsed Electronic Offers Between CommunicationDevices” was duly and leally issued by the United States Patent and Trademark Office. BlueCalypso owns the ‘646 patent by assignment.7.
 
MyLikes operates a system typified by the screen shots attached as Exhibits A,and B. In doing so MyLikes infringes one or more claims of the ‘646 patent, literally or under the doctrine of equivalents. MyLikes directly infringes by using the system and making itavailable to advertisers and customers. MyLikes induces infringement by consumers andadvertisers by encouraging them to use its system. MyLikes contributorily infringes by providing content to consumers for use in the system.8.
 
On information and belief, MyLikes will continue to infringe the ‘646 patentunless and until it is enjoined by this Court.9.
 
MyLikes has caused and will continue to cause Blue Calypso irreparable injuryand damage by infringing ‘646 patent. Blue Calypso will suffer further irreparable injury, for which it has no adequate remedy at law, unless and until MyLikes is enjoined from infringing the‘646 patent.
PRAYER FOR RELIEF
WHEREFORE, Blue Calypso respectfully requests that this Court:
 
Original Complaint for Patent Infringement – Page 3
1.
 
Enter judgment that MyLikes has infringed the ‘646 patent;2.
 
Enter an order permanently enjoining MyLikes and its officers, agents,employees, attorneys, and all persons in active concert or participation with any of them, frominfringing the ‘646 patent;3.
 
Award Blue Calypso damages in an amount sufficient to compensate it for MyLikes’ infringement of the ‘646 patent, together with prejudgment and post-judgment interestand costs under 35 U.S.C. § 284;4.
 
Award Blue Calypso an accounting for acts of infringement not presented at trialand an award by the Court of additional damage for any such acts of infringement;5.
 
Declare this case to be “exceptional” under 35 U.S.C. § 285 and award BlueCalypso its attorney fees, expenses, and costs incurred in this action; and6.
 
Award Blue Calypso such other and further relief as this Court deems just and proper.
JURY DEMAND
Blue Calypso hereby requests a trial by jury on issues so triable by right.

You're Reading a Free Preview

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