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Pollin Patent Licensing et. al. v. Farmers Group

Pollin Patent Licensing et. al. v. Farmers Group

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00767: Pollin Patent Licensing, LLC et. al. v. The Farmers Group, Inc. Filed in U.S. District Court for the Western District of Michigan, no judge yet assigned. See http://news.priorsmart.com/-l8KF for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00767: Pollin Patent Licensing, LLC et. al. v. The Farmers Group, Inc. Filed in U.S. District Court for the Western District of Michigan, no judge yet assigned. See http://news.priorsmart.com/-l8KF for more info.

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Published by: PriorSmart on Jul 17, 2013
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07/17/2013

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12842104.1
UNITED STATES DISTRICT COURTWESTERN DISTRICT OF MICHIGANSOUTHERN DIVISIONPOLLIN PATENT LICENSING, LLC andAUTOSCRIBE CORPORATION,Plaintiffs,vs.THE FARMERS GROUP, INC.,Defendant./Case No.Hon.
JURYTRIALDEMENDED
Christopher E. Tracy (P46738)Honigman Miller Schwartz and Cohn LLP350 East Michigan AvenueSuite 300Kalamazoo, MI 49007-3800(269) 337-7708
 Attorneys for Plaintiffs
/
COMPLAINTFORPATENTINFRINGEMENT
Plaintiffs Pollin Patent Licensing, LLC and Autoscribe Corporation complain of Defendant The Farmers Group, Inc. as follows:1. This is a claim for patent infringement that arises under the patent laws of theUnited States, Title 35 of the United States Code. This Court has original jurisdiction over thesubject matter of this claim under 28 U.S.C. §§ 1331 and 1338(a).2. Pollin Patent Licensing, LLC ("PPL") is a Florida limited liability company witha business address of 401 E. Las Olas Boulevard, Suite 1400, Fort Lauderdale, Florida 33304.3. Autoscribe Corporation ("Autoscribe") is a Maryland corporation with a principal place of business at 9801 Washingtonian Boulevard, Suite 200, Gaithersburg, Maryland 20878.
 
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4. On October 3, 2006, the United States Patent and Trademark Office granted U.S.Patent No. 7,117,171, entitled "System and Method for Making a Payment from a FinancialAccount" and naming Robert Pollin as the inventor (the "'171 Patent"), which claims priorityfrom an application filed on October 15, 1992. A true and accurate copy of the '171 Patent isattached hereto as Exhibit 1.5. Autoscribe is the owner by assignment of all legal rights, title, and interest in andto the '171 Patent.6. PPL is the exclusive licensee to rights in the '171 Patent and is responsible for thelicensing of the '171 Patent.7. Among other activities, Autoscribe specializes in various forms of electronic payment solutions, including software and services for payment capture, risk management, ACH processing and check by phone payment (see, e.g.,www.paymentvision.com). Among other things, PPL is responsible for the licensing of the '171 Patent.8. Autoscribe and PPL have standing to sue for infringement of the '171 Patent because they collectively own all right, title and interest in and to the '171 Patent and theAutoscribe processes and products covered by that patent, including the right to collect for pastdamages. Autoscribe and PPL have each suffered injury from the Defendant's acts of patentinfringement.9. The Farmers Group, Inc. ("Farmers") is a Nevada corporation with a place o business in Los Angeles, California. Farmers is licensed to do business in Michigan and has aregistered agent at 601 Abbott Road, East Lansing, Michigan 48823. Farmers conductssubstantial business in Michigan and this Judicial District.
 
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10. On information and belief, Farmers is in the insurance industry and conducts business and has insurance customers throughout the United States, including in Michigan andthis Judicial District.11. In support of its insurance business, including that in Michigan and this JudicialDistrict, Farmers has customer call centers in at least Grand Rapids and Caledonia, Michigan.Through these call centers, Farmers provides check-by-phone payment processing services for itscustomers that infringe the '171 Patent.12. Accordingly, as set forth above, this Court has personal jurisdiction over Farmers because, among other things, it transacts substantial business in Michigan and this JudicialDistrict.13. Venue is proper in this district under 28 U.S.C. §§ 1391(b)-(d) and 1400(b).
INFRINGEMENTOFU.S.PATENTNO.7,117,171
14. Farmers infringed the '171 Patent until its expiration on October 15, 2012 by,among other activities, making, using and/or conducting business through its call centers tocollect debt or payments over the telephone from a checking or other demand deposit account ina manner that is covered by at least claims 6 and 12 of the '171 Patent. A representative claimchart is attached as Exhibit 2.15. Specifically, Farmers offers a service whereby customers can make paymentsover the phone, through a conversation with a live operator, from a checking account ("pay by phone" system).

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