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Abercrombie Online v. LifeProxy

Abercrombie Online v. LifeProxy

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 1:14-cv-00259-UNA: Abercrombie Online LLC v. LifeProxy LLC. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l9Yq for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 1:14-cv-00259-UNA: Abercrombie Online LLC v. LifeProxy LLC. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l9Yq for more info.

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Published by: PriorSmart on Feb 26, 2014
Copyright:Public Domain

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02/26/2014

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1
 
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
ABERCROMBIE ONLINE, LLC, Plaintiff, v. LIFEPROXY, LLC, Defendant. ))) ) ) ) ) ) ) ) ) ) C.A. No.___________________
DEMAND FOR JURY TRIAL COMPLAINT FOR DECLARATORY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT
Plaintiff, Abercrombie Online, LLC (“Abercrombie”), by its attorneys, files this complaint for Declaratory Judgment of Invalidity and Non-Infringement against LifeProxy, LLC (“LifeProxy”), and hereby alleges as follows:
NATURE OF THE ACTION
1.
 
This is an action under the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, against LifeProxy for a declaration that pursuant to the patent laws of the United States, 35 U.S.C. §§ 1
et seq.
, certain patents allegedly owned by LifeProxy are invalid and not infringed by Abercrombie.
THE PARTIES
2.
 
Plaintiff Abercrombie is a limited liability company organized and existing under the laws of the State of Delaware, having its principal place of business at 403 West 4th Street, Lewes, Delaware, 19958.
 
2
 
3.
 
On information and belief, Defendant LifeProxy is a limited liability company organized and existing under the laws of the State of Delaware, having a place of business at 6701 Democracy Boulevard, Suite 300, Bethesda, Maryland, 20817.
JURISDICTION AND VENUE
4.
 
This Court has subject matter jurisdiction over these claims for declaratory relief arising under the patent laws of the United States, pursuant to 28 U.S.C. §§ 1331, 1338(a), and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. 5.
 
On information and belief, this Court has personal jurisdiction over LifeProxy,  because LifeProxy is a Delaware limited liability company and has constitutionally sufficient contacts with Delaware so as to make personal jurisdiction proper in this Court. 6.
 
Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400(b).
THE PATENTS-IN-SUIT
7.
 
U.S. Patent No. 7,461,024 (“the ’024 patent”) is entitled “Bidder-Side Auction Dynamic Pricing Agent, System, Method And Computer Program Product” and bears an issuance date of December 2, 2008. A copy of the ’024 patent is attached hereto as
Exhibit 1
. 8.
 
U.S. Patent No. 8,204,819 (“the ’819 patent”) is entitled “Bidder-Side Auction Dynamic Pricing Agent, System, Method And Computer Program Product” and bears an issuance date of June 19, 2012. A copy of the ’819 patent is attached hereto as
Exhibit 2
. 9.
 
The ’024 patent and the ’819 patent are collectively referred to hereinafter as “the Patents-in-Suit.”
 
3
 
BACKGROUND
10.
 
On February 5, 2014, Daniel Abercrombie received a letter dated February 4, 2014 purportedly from David M. Farnum, Esq. of ATFirm PLLC on LifeProxy’s behalf (“the Letter”). The Letter is attached hereto as
Exhibit 3
. 11.
 
The Letter asserted that LifeProxy is “the owner of United States Patent Nos. 8,204,819 and 7,461,024 and additional pending U.S. patent applications (the ‘LifeProxy Patent Portfolio’).” 12.
 
The Letter asserted that the LifeProxy Patent Portfolio relates to bidder-side auction dynamic pricing agents, systems, methods, and computer program products. 13.
 
The Letter asserted that “[w]e have recently reviewed ezsniper.com and  bidnapper.com and determined that one or more of the products and services offered by these websites infringe one or more claims of each of the issued LifeProxy Patents, U.S. Patent Nos. 8,204,819 and 7,461,024.” 14.
 
The Letter asserted that “[t]his letter constitutes LifeProxy’s notice of infringement. 15.
 
The Letter asserted that “LifeProxy is willing to license its Patents on reasonable terms.” 16.
 
The Letter asserted that “[w]e would like to discuss this matter amicably so as to obviate the necessity that we pursue litigation as it will otherwise be the only available means for LifeProxy to enforce its Patents.” 17.
 
The Letter asserted: “Please be advised that LifeProxy is prepared to institute a  patent infringement litigation if necessary to resolve this matter.”

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