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UbiComm v. Autozone

UbiComm v. Autozone

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-01294: UbiComm, LLC v. Autozone, Inc. Filed in U.S. District Court for the District of Nevada, no judge yet assigned. See http://news.priorsmart.com/-l8MH for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-01294: UbiComm, LLC v. Autozone, Inc. Filed in U.S. District Court for the District of Nevada, no judge yet assigned. See http://news.priorsmart.com/-l8MH for more info.

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Published by: PriorSmart on Jul 23, 2013
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11/06/2013

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 -1-12345678910111213141516171819202122232425262728STEVEN A. GIBSONNevada Bar No. 6656sgibson@dickinsonwright.com JONATHAN M. A. SALLSNevada Bar No. 12085 jsalls@dickinsonwright.com 
DICKINSON WRIGHT PLLC
City Center West7201 West Lake Mead Boulevard, Suite 503Las Vegas, Nevada 89128Telephone 702.541.7888Facsimile 702.541.7899
 Attorneys for Plaintiff 
UNITED STATES DISTRICT COURTDISTRICT OF NEVADA
UBICOMM, LLC, a Delaware limited-liabilitycompany,Plaintiff,v.AUTOZONE, INC., a Nevada corporation,Defendant.Case No.: 2:13-cv-1294
COMPLAINT(JURY TRIAL REQUESTED)
Plaintiff UbiComm, LLC (“UbiComm”), by and through its counsel, Dickinson WrightPLLC, complains and alleges as follows against Defendant AutoZone, Inc. (“AutoZone”), oninformation and belief, that the following are and have been true at all time relevant to thislawsuit unless otherwise indicated specifically to the contrary:
NATURE OF ACTION
1.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. §§ 1,
et seq
.
PARTIES
2.
 
UbiComm is a Delaware limited-liability company duly organized with itsprincipal place of business at 1220 North Market Street, Suite 806, Wilmington, Delaware19801.
 
 -2-123456789101112131415161718192021222324252627283.
 
AutoZone is a Nevada corporation with its principal place of business at 123South Front Street, Dept. 8088, Memphis, Tennessee 38103.
JURISDICTION
4.
 
The allegations set forth in the foregoing paragraphs 1 through 3 are herebyrealleged and incorporated herein by reference.5.
 
The Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and1338(a).6.
 
AutoZone is a citizen of Nevada because AutoZone was incorporated in the stateof Nevada.7.
 
On February 11, 1997, United States Patent No. 5,603,054 (the “‘054 Patent”),entitled “Method For Triggering Selected Machine Event When The Triggering Properties Of The System Are Met And The Triggering Conditions Of An Identified User Are Perceived,” wasduly and legally issued by the United States Patent and Trademark Office. A true and correctcopy of the ‘054 Patent is attached as Exhibit 1 to this Complaint.8.
 
UbiComm is the assignee and owner of all rights, titles and interests in and to the‘054 Patent, including, but not limited to, the right to assert all causes of action arising under the‘054 Patent and the right to any remedies for infringement.9.
 
Without license or authorization, AutoZone has directly infringed and continuesto directly infringe one or more claims of the ‘054 Patent in this Judicial District and elsewherein the United States at least by making and/or using one or more websites, including, but notlimited to,http://www.autozone.com/autozone/ (the “Websites”).10.
 
AutoZone has continuously and systematically conducted business in this JudicialDistrict.11.
 
AutoZone has purposefully availed itself of the privilege of conducting businesswithin this Judicial District.12.
 
AutoZone has established sufficient minimum contacts with this Judicial Districtsuch that it should reasonably and fairly anticipate being haled into court in this Judicial District.13.
 
AutoZone has purposefully directed activities at residents of Nevada.
 
 -3-1234567891011121314151617181920212223242526272814.
 
AutoZone’s patent infringement claims alleged herein arise out of or are related toone or more of AutoZone’s contacts and/or business activities relating to this Judicial District.
VENUE
15.
 
AutoZone resides in this Judicial District under 28 U.S.C. § 1391(c) becauseAutoZone is subject to personal jurisdiction in this Judicial District.16.
 
Venue is proper in this Judicial District under 28 U.S.C. § 1391(b)(1) becauseAutoZone resides in this Judicial District.17.
 
Venue is proper in this Judicial District under 28 U.S.C. § 1400(b) becauseAutoZone resides in this Judicial District.18.
 
Venue is proper in this Judicial District under 28 U.S.C. § 1400(b) becauseAutoZone has committed acts of infringement in this Judicial District.
FIRST CAUSE OF ACTIONINFRINGEMENT OF U.S. PATENT NO. 5,603,054
19.
 
The allegations set forth in the foregoing paragraphs 1 through 18 are herebyrealleged and incorporated herein by reference.20.
 
The Websites operate using a method that embodies the inventions claimed in the‘054 Patent.21.
 
The ‘054 Patent covers a method of triggering a selected machine event in asystem including a multiplicity of computer controlled machines and a multiplicity of users.22.
 
One such machine event includes sending reminder emails to online shopperswho place items in their online shopping carts and then delay purchasing items in their onlineshopping carts.23.
 
AutoZone sends such reminder emails to online shoppers on the Websites whodelay purchasing items in their shopping carts or who abandon their shopping carts.24.
 
AutoZone’s acts constitute infringement under at least 35 U.S.C. § 271(a).25.
 
Because of AutoZone’s infringement of the ‘054 Patent, UbiComm has suffereddamages and will continue to suffer damages in the future.

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