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Eclipse IP v Uber

Eclipse IP v Uber

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Published by jeff_roberts881
complaint
complaint

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Published by: jeff_roberts881 on Oct 02, 2013
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07/27/2014

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1
Matt Olavi, Esq. (Bar No. 265945)2molavi@olavidunne.comBrian
J.
Dunne, Esq. (Bar No. 275689)bdunne@olavidunne.com4
OLAVIDUNNELLP
800 Wilshire Blvd., Suite 320
5
Los Angeles, California 900176Telephone: (213) 516-7900Facsimile: (213) 516-7910
7
8
Attorneys
for
PlaintiffEclipse IP
LLC
©@IPW
9
10
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA
11
E~L!~SE
IP LLC, a Florida
imite~
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12
Lrabrhty Company,
J,l
V
J.
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COMPLAINT FOR PATENT13
Plaintiff,
14
v.
15
16UBER TECHNOLOGIES, INC., aDelaware Corporation,
17
18
Defendant.
19
)
INFRINGEMENT
)
)
TRIAL
BY
JURY DEMANDED
)))))))
20
______________________
)
2122
23
24
25
26
27
28COMPLAINT FOR PATENT INFRINGEMENT
Case 2:13-cv-07154-MMM-FFM Document 1 Filed 09/27/13 Page 1 of 433 Page ID #:5
 
1
234
5
Plaintiff Eclipse
IP
LLC
("Eclipse"), by and through counsel, complainsagainst Uber Technologies, Inc. ("Uber") as follows:
NATURE OF
LAWSUIT
1.
This is a suit for patent infringement arising under the patent laws
of
6
the United States, Title 35
of
the United States
Code§
1
et
seq.
This Court has
7
8
9
10
11
12
1314
exclusive jurisdiction over the subject matter
of
the Complaint under 28 U.S.
C.
§§
1331 and 1338(a).
PARTIES
AND
PATENTS
2.
Eclipse is a company organized under the laws
of
Florida and having aprincipal place
of
business at
115
NW
1
ih
St, Delray Beach, Florida 33444.
3.
Eclipse owns all right, title, and interest in and has standing to sue for
15
infringement
of
United States Patent No. 7,064,681 ("the '681 patent"), entitled
16
"Response systems and methods for notification systems" (Exhibit A); United States
17
18Patent No. 7,482,952 ("the '952 patent"), entitled "Response systems and methods
19
20
21
for notification systems for modifYing future notifications" (Exhibit
B);
UnitedStates Patent No. 7,479,901 ("the '901 patent"), entitled "Mobile thing determination22systems and methods based upon user-device location" (Exhibit C); and United
23
States Patent No. 7,538,691 ("the '691 patent"), entitled "Mobile thing determination
24
systems and methods based upon user-device location" (Exhibit
D)
(collectively,
25
26
"the Eclipse Patents").
27
I I I
28
1
COMPLAINT
FOR
PATENT
INFRINGEMENT
Case 2:13-cv-07154-MMM-FFM Document 1 Filed 09/27/13 Page 2 of 433 Page ID #:6
 
1
2
3
4
5
6
7
89
10
11
1213
4.
On information and belief, Uber is a corporation existing under thelaws
of
Delaware.
5.
On information and belief,
Uber
does regular business in this JudicialDistrict and conduct leading to Uber' s acts
of
infringement has occurred in thisJudicial District.
JURISDICTION
AND VENUE
6.
This Court has personal jurisdiction over
Uber
because it has engaged
in
continuous and systematic business in California; upon information and belief,derives substantial revenues from commercial activities in California; and, uponinformation and belief, is operating and/or supporting products or services that fall
14
within one or more claims
of
Eclipse's patents in this District.
15
16
7.
Venue is proper in this District under 28 U.S.C.
§§
139l(b)
and (c) and
17
28 U.S.C. § 1400(a) at least because the claim arises in this Judicial District, Uber
18
may be found and transacts business in this Judicial District, and injuries suffered
by
19
Plaintiff took place in this Judicial District. Uber is subject to the general and
20
21
2223
2425
specific personal jurisdiction
of
this Court at least because
of
its contacts with theState
of
California.
FACTUAL BACKGROUND
8.
Publicly launched in 2010, Uber designs, makes, advertises, and/or26distributes a mobile application ("the Uber Application") that connects users
of
the27
Uber
Application with drivers
of
cars for hire ("Uber Drivers").
28
2
COMPLAINT
FOR
PATENT INFRINGEMENT
Case 2:13-cv-07154-MMM-FFM Document 1 Filed 09/27/13 Page 3 of 433 Page ID #:7

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