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c4cast.com v. Bazaarvoice

c4cast.com v. Bazaarvoice

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Published by PatentBlast
c4cast.com v. Bazaarvoice
c4cast.com v. Bazaarvoice

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Published by: PatentBlast on Aug 23, 2013
Copyright:Attribution Non-commercial

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08/23/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONC4CAST.COM, INC.,
Plaintiff,v.
BAZAARVOICE, INC.,
Defendant.
Civil Action No. 2:13-cv-667JURY TRIAL DEMANDEDORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff c4cast.com, Inc. (“c4cast” or “Plaintiff”) files this Complaint for patentinfringement against Bazaarvoice, Inc. (“Bazaarvoice” or “Defendant”) alleging as follows:
PARTIES
1.
 
Plaintiff c4cast.com, Inc. is a Delaware corporation having a principal place of  business of 750 E. Walnut St., Pasadena, California 91101.2.
 
On information and belief, Defendant Bazaarvoice is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at3900 N. Capital of Texas Hwy., Ste. 300, Austin, TX 78746. On information and belief,Bazaarvoice may be served via its registered agent Corporation Service Company at 211 E. 7
th
 Street, Suite 620, Austin, Texas 78701.
JURISDICTION AND VENUE
3.
 
This action arises under the patent laws of the United States, Title 35 of theUnited States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
 
4.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b). Oninformation and belief, Defendant has transacted business in this district, and has committed actsof patent infringement in this district.5.
 
On information and belief, Defendant is subject to this Court’s specific and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statue, due at
 
least to its substantial business in this forum, including: (i) at least a portion of the infringementsalleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent coursesof conduct, and/or deriving substantial revenue from goods and services provided to individualsin Texas and in this Judicial District.
COUNT IINFRINGEMENT OF U.S. PATENT NO. 7,958,204
6.
 
Plaintiff is the owner by assignment of United States Patent No. 7,958,204 (“the’204 Patent”) entitled “Community-Selected Content.” The ’204 Patent issued on June 7, 2011.A true and correct copy of the ’204 Patent is attached as Exhibit B.7.
 
Upon information and belief, Defendant has been and is now infringing the ’204Patent in the State of Texas, in this judicial district, and elsewhere in the United States, by,among other things, directly or through intermediaries, making, using, importing, providing,supplying, distributing, selling, and/or offering for sale apparatuses and systems and providingmethods by Bazaarvoice’s Ratings and Reviews software (including, without
 
limitation,Bazzarvoice Conversations and related internal systems supporting the operation of said software) for maintaining a collection of resources, assigning points to individual resources based on amount of participant access, and modifying the collection based on the points assigned to the resources covered by one or more claims of the ’204 Patent to the injury of c4cast.
 
Defendant is directly infringing, literally infringing, and/or infringing the ’204 Patent under thedoctrine of equivalents. Defendant is thus liable for infringement of the ’204 Patent pursuant to
 
35 U.S.C. § 271.8.
 
Additionally, and in the alternative, upon information and belief, Defendant hasalso been inducing infringement of the ’204 patent in the State of Texas, in this judicial district,and elsewhere in the United States, by, among other things, performing certain steps of themethods claimed by the ’204 patent, and advising, encouraging, or otherwise inducing others to perform the steps claimed by the ’204 Patent to the injury of Plaintiff. Defendant instructs and induces its customers, including but not limited to Dell, Inc., Kohl’s Corporation, L.L. Bean,Inc., Recreational Equipment, Inc. (via Bazaarvoice’s acquisition of PowerReviews, Inc.), and Starwood Hotels & Resorts Worldwide Inc., to practice methods that infringe the ‘204 Patent by providing instructions, case studies, and other documentations. In fact, Bazaarvoice’s website,www.bazaarvoice.comstates, among other things:Collect and leverage ratings & reviews, questions & answers and stories from your customers. It’s proven to increase sales and build brand loyalty. And it’s the heart of theBazaarvoice platform . . . Tailor reviews and product pages to individuals with tagging,multimedia, badging, and voting features that nudge shoppers toward the right productfor their needs.Defendant has been aware of the ’204 Patent and Plaintiff’s claim of infringement against itscustomers by using the Bazaarvoice software at least as early as May 8, 2013. By continuing theactions described above, Defendant has had the specific intent to induce infringement of the ‘204 patent pursuant to 35 U.S.C. § 271(b).9.
 
Defendant has also been contributing to the infringement of the ’204 Patent,literally or under the doctrine of equivalents, under 35 U.S.C. § 271(c) by selling or offering tosell in the United States the accused Ratings and Reviews software products. These products

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