PLAINTIFF ADVANCED AUCTIONS LLC’SCOMPLAINT FOR PATENT INFRINGEMENT
By owning and operating its online auction site in the foregoing way,Defendant eBay directly infringes one or more claims of the ’000 Patent.14.
Defendant eBay’s direct infringement is ongoing.15.
Defendant eBay has not sought or obtained a license to the ’000Patent.16.
On February 4, 2013, counsel for Plaintiff Advanced Auctions LLCwrote to Emily Ward, the Associate General Counsel, Patents for Defendant eBay.17.
The February 4, 2013 letter informed Ms. Ward of the ’000 Patent and that, “by automatically updating the time and bid amount during the final hour of your online auctions, eBay is infringing the ’000 patent.”18.
Plaintiff’s February 4, 2013 letter asked that eBay cease and desistfrom its infringement immediately.19.
Since February 4, 2013, Defendant eBay continues to update auctioninformation automatically during each auction’s final hour.20.
By continuing to automatically update auction information during thefinal hours of its online auctions even after being informed of the ’000 Patent,Defendant eBay has demonstrated objective recklessness with respect to the ’000Patent.21.
Accordingly, Defendant eBay’s continuing direct infringement iswillful.22.
Plaintiff Advanced Auctions LLC has been, and continues to be,damaged and irreparably harmed by Defendant’s infringement, which will continueunless Defendant is enjoined by this Court.
CLAIM II: INDIRECT INFRINGEMENT OF THE ’000 PATENT
Plaintiff Advanced Auctions LLC reincorporates and realleges theforegoing paragraphs as if included expressly herein.24.
To participate in or monitor Defendant eBay’s online auctions,computer users navigate to eBay’s website.