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Safesoft Solutions v. Nobelbiz

Safesoft Solutions v. Nobelbiz

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 2:13-cv-07915-PA-CW: Safesoft Solutions Inc v. Nobelbiz Inc. Filed in U.S. District Court for the Central District of California, the Hon. Percy Anderson presiding. See http://news.priorsmart.com/-l9nd for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 2:13-cv-07915-PA-CW: Safesoft Solutions Inc v. Nobelbiz Inc. Filed in U.S. District Court for the Central District of California, the Hon. Percy Anderson presiding. See http://news.priorsmart.com/-l9nd for more info.

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Published by: PriorSmart on Nov 01, 2013
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Andrew Leibnitz State Bar No. 184723) aleibnitz@fbm.com Farella Braun Martel LLP 235 Montgomery Street, 17th Floor San
FranCISCo
CA 94104 Telephone: 415) 954-4400 Facsimile: 415) 954-4480 Attorneys for Plaintiff SAFESOFT SOLUTIONS, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
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SAFESOFT SOLUTIONS, INC.,
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Plaintiff,
caCVo 3
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~W~
COMPL INT
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VS.
NOBELBIZ, INC., Defendant.
29260\3931942.1
,
 
Fare Braun + Martel LLP
235 Monlgommy Sired, 1715 Floor
San Francisco, CA 94104 415) 954-1400
For its complaint against defendant NobelBiz, Inc. ( NobelBiz ), plaintiff SafeSoft Solutions, Inc. ( SafeSoft ) alleges as follows:
PARTIES
1.
SafeSoft is a corporation organized and existing under the laws of the State of California, having its principal place of business at 20950 Warner Center Lane, Suite A, Woodland Hills, California.
2.
On information and belief, defendant NobelBiz is a corporation organized under Delaware law and has its principal place of business at 5973 Avenida Encinas, Suite 202, Carlsbad, California.
JURISDICTION AND VENUE
3.
These claims arise under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and the Patent Laws of the United States, 35 U.S.C. § 1
et seq
4.
This Court has subject matter jurisdiction based upon 28 U.S.C. §§ 1331, 1338(a), 2201 and 2202.
5.
This Court has personal jurisdiction over NobelBiz because NobelBiz has established minimum contacts with this forum such that the exercise of personal jurisdiction over NobelBiz will not offend the traditional notions of fair play and substantial justice.
6.
Venue is proper in this judicial district pursuant to 28 U.S.C. §§
1391(b) and (c), and 1400(b).
SUBSTANTIAL CONTROVERSY BETWEEN THE PARTIES
7. SafeSoft is a provider of call center software solutions. One of
SafeSoft's outbound call services is a local caller ID feature which allows customers to make calls which will display a number on the caller ID of the called individual that is local to the called individual's calling area.
8.
On May 29, 2013, with no prior communication or warning, NobelBiz filed a lawsuit in the United States District Court for the Northern District of California, Civil Action No. 13-2423, alleging infringement of United States Patent
COMPLAINT
1 -
9260\3931942.1
 
 
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Number 8,135,122 (the '122 Patent ). NobelBiz never disclosed to SafeSoft the
existence of either the '122 Patent or the application that matured into the '122 Patent prior to filing the litigation.
9.
United States Patent Number 8,565,399 entitled SYS
I
EM AND
METHOD FOR MODIFYING COMMUNICATION INFORMATION (MCI)
(the '399 Patent) issued on October 22, 2013. A true and correct copy of the '399
Patent is attached hereto as Exhibit A.
10.
On information and belief, the '399 Patent has been assigned to NobelBiz.
11.
On September 20, 2013, Ralph A. Dengler, counsel for NobelBiz, sent correspondence to counsel for SafeSoft stating that the '399 Patent would issue within the next 60 days or so and that [i]t is NobelBiz's intent to seek leave to add this patent to the '122 Patent litigation.
12.
In a letter the same day to the Court presiding over the '122 Patent litigation, NobelBiz stated that, once the '399 Patent issued, NobelBiz intended to file claims against SafeSoft in federal court that SafeSoft was infringing one or more claims of the '399 Patent.
13.
SafeSoft has not and will not infringe, either directly or indirectly, any valid claim of the '399 Patent, either literally or under the doctrine of equivalents.
14.
By virtue of the foregoing, a substantial controversy exists between the parties that is of sufficient immediacy and reality to warrant declaratory relief.
FIRST COUNT — DECLARATORY JUDGMENT OF NON-
INFRINGEMENT ( 399 PATENT)
15.
SafeSoft incorporates the foregoing paragraphs by reference as if fully
recited herein.
16.
SafeSoft's local caller ID feature does not infringe any valid and enforceable claim of the '399 Patent.
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OMPLAINT
29260\3931942.1
Fa rella Braun + Martel LLP
235 Montgomery Street. 17111 Floor
San Francisco, CA 94104 (415) 954-4400

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