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Advanced Auctions v. eBay

Advanced Auctions v. eBay

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-01612-JAH-WMC: Advanced Auctions LLC v. eBay Inc. Filed in U.S. District Court for the Southern District of California, the Hon. John A. Houston presiding. See http://news.priorsmart.com/-l8Ju for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-01612-JAH-WMC: Advanced Auctions LLC v. eBay Inc. Filed in U.S. District Court for the Southern District of California, the Hon. John A. Houston presiding. See http://news.priorsmart.com/-l8Ju for more info.

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Published by: PriorSmart on Jul 11, 2013
Copyright:Public Domain

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PLAINTIFF ADVANCED AUCTIONS LLC’SCOMPLAINT FOR PATENT INFRINGEMENT
[
Josep P. Re SBN 211082)Thomas N. Millikan (SBN 234430)Gartman Law Group P.C.11622 El Camino Real, Suite 100San Diego, California 92130Telephone: (858) 461-7360Attorneys for Plaintiff,Advanced Auctions LLCUNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIAADVANCED AUCTIONS LLC, Plaintiff,v.eBAY INC.,Defendant.Case No.
PLAINTIFF ADVANCEDAUCTIONS LLC’S COMPLAINTFOR PATENT INFRINGEMENT
Plaintiff Advanced Auctions LLC (“Plaintiff”), by counsel, alleges asfollows:
THE PARTIES
1.
 
Plaintiff Advanced Auctions LLC is a limited liability company under the laws of the State of California, and having its principal place of business in DelMar, CA, within this judicial district.2.
 
On information and belief, Defendant eBay Inc. is a corporationorganized under the laws of the State of Delaware, and having its principal place of  business at 2145 Hamilton Avenue, San Jose, CA 95125 and may be servethrough National Registered Agents, Inc., 2875 Michelle Drive, Suite 100, Irvine,CA 92606
.
 
'13
CV1612
WMC
JAH
 
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PLAINTIFF ADVANCED AUCTIONS LLC’SCOMPLAINT FOR PATENT INFRINGEMENT
-2-
JURISDICTION AND VENUE
3.
 
This is a civil action for patent infringement arising under the United States patent statutes, 35 U.S.C. § 1
et seq
.4.
 
This Court has jurisdiction over the subject matter of this action under 28 U.S.C. §§ 1331 and 1338(a).5.
 
Defendant eBay Inc. is subject to this Court’s personal jurisdiction because it does and has done substantial business in this judicial District, includingoffering its online auction site to members within this District to buy and sellmerchandise.6.
 
Venue is proper in this judicial District under 28 U.S.C. §§ 1391 and 1400(b).
CLAIM I: DIRECT INFRINGEMENT OF THE ’000 PATENT
7.
 
On September 11, 2012, the United States Patent and Trademark Office duly and legally issued United States Patent No. 8,266,000 (“the ’000Patent”), entitled “Real Time Auction with End Game.” A copy of the ’000 Patentis attached as Exhibit A.8.
 
All rights, title, and interest in and to the ’000 Patent, including theright to sue for past infringement, have been assigned to Plaintiff.9.
 
Defendant eBay owns and operates a website on which sellers canconduct online auctions via the Internet.10.
 
During these online auctions, Defendant eBay’s webpages present bidders with information regarding the time remaining in the auction and thecurrent bid amount.11.
 
Before the final hour of the auction, Defendant eBay does notautomatically update its webpages with this information. Rather, the bidder mustmanually refresh their browser to request and obtain current auction information.12.
 
In the final hour of the auction, this information is automaticallyupdated.
 
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PLAINTIFF ADVANCED AUCTIONS LLC’SCOMPLAINT FOR PATENT INFRINGEMENT
-3-
13.
 
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
23.
 
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.

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