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CYVA Research Holdings v. Priceline.com

CYVA Research Holdings v. Priceline.com

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00732: CYVA Research Holdings LLC v. Priceline.com Incorporated. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l98g for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00732: CYVA Research Holdings LLC v. Priceline.com Incorporated. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l98g for more info.

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Published by: PriorSmart on Sep 17, 2013
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07/11/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONCYVA RESEARCH HOLDINGS, LLC,
Plaintiff,v.
PRICELINE.COM INCORPORATED,
Defendant.
Civil Action No. 2:13-CV-732JURY TRIAL DEMANDEDORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which CYVA Research Holdings, LLC(“CYVA” or “Plaintiff”) makes the following allegations against Priceline.com Incorporated,(“Priceline” or “Defendant”):
PARTIES
1.
 
Plaintiff CYVA is a Texas limited liability company, having a principal place of  business of 7005 Chase Oaks Blvd., Suite 180, Plano, TX 75025.2.
 
Defendant Priceline is a corporation organized and existing under the laws of theState of Delaware, with its principal place of business located at 800 Connecticut Avenue, Norwalk, Connecticut, 06854. Priceline.com may be served via its registered agent for service o process: Corporation Service Company, 2711 Centerville Road Suite 400, Wilmington,Delaware 19808.
 
 
JURISDICATION 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 and/or induced acts of 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. 5,978,440
1.
 
Plaintiff is the owner by assignment of United States Patent No. 5,987,440 (“the’440 Patent”) titled “Personal Information Security and Exchange Tool.” The ’440 Patent issued on November 16, 1999. A true and correct copy of the ’440 Patent is attached as Exhibit A.2.
 
Upon information and belief, Defendant has been and are now infringing the ’440Patent 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 practiced onDefendant’s website (including, without
 
limitation, www.priceline.com and its
 Name Your OwnPrice
®
services and related internal systems supporting the operation of said websites) for 
 
 
 providing, a computer-implemented system for asserting informational privacy and self-determination, a plurality of electronic entities, each electronic entity comprising secured  personal data and exchange rules governing access to said information, providing trusted  processing between two electronic entities, for the purpose of securely computing each entity’s privilege rules and determining whether an exchange of some or all personal data will occur,covered by one or more claims of the ’440 Patent to the injury of CYVA. Defendant is directlyinfringing, literally infringing, and/or infringing the ’440 Patent under the
 
doctrine of equivalents. Defendant is thus liable for infringement of the ’440 Patent pursuant to
 
35 U.S.C. §271.3.
 
On information and belief, to the extent any marking was required by 35 U.S.C.
 
§287, all predecessors in interest to the ’440 Patent complied with any such requirements.4.
 
As a result of Defendant’s infringement of the ’440 Patent, Plaintiff has suffered monetary damages and is entitled to a money judgment in an amount adequate to
 
compensate for Defendant’s infringement, but in no event less than a reasonable royalty for the
 
use made of theinvention by Defendant, together with interest and costs as fixed by the court,
 
and Plaintiff willcontinue to suffer damages in the future unless Defendant’s infringing activities
 
are enjoined bythis Court.5.
 
Unless a permanent injunction is issued enjoining Defendant and its agents,
 
servants, employees, representatives, affiliates, and all others acting on in active concert
 
therewith from infringing the ’440 Patent, Plaintiff will be greatly and irreparably harmed.

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