Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Smart Options v. WhyTeeZee et. al.

Smart Options v. WhyTeeZee et. al.

Ratings: (0)|Views: 29 |Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-01824: Smart Options, LLC v. WhyTeeZee, LLC et. al. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-la6d for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-01824: Smart Options, LLC v. WhyTeeZee, LLC et. al. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-la6d for more info.

More info:

Published by: PriorSmart on Mar 15, 2014
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

03/15/2014

pdf

text

original

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
 
SMART OPTIONS, LLC Plaintiff, v. OPTIONS AWAY, LLC, WHYTEEZEE, LLC, BITBEND, LLC, ROBERT BROWN and HEIDI BROWN Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 14-cv-1824 Judge Mag. Judge
JURY TRIAL DEMANDED
 
COMPLAINT
Plaintiff Smart Options, LLC (“SmartOptions”) files this Complaint against Defendants Options Away, LLC (“OptionsAway”), WhyTeeZee, LLC (“YTZ”), BitBend,
LL
C (“BitBend”), Robert Brown and Heidi Brown stating as follows:
 
I. NATURE OF THE ACTION
1. This is an action for patent infringement and to enforce a secured promissory note.
II. PARTIES
2. Plaintiff SmartOptions is a limited liability company organized under the laws of the State of Delaware. Plaintiff has a principal place of business located at 600 West Chicago Avenue, Suite 300N, Chicago, Illinois 60654. Smart Options integrates its systems and methods for purchasing electronic options into such websites as www.optionit.com and, until recently, www.optionsaway.com.  3. Defendant OptionsAway is a limited liability company organized under the laws of the State of Delaware with its principal place of business at 222 West Merchandise
 
 2 Mart Plaza, 12
th
 Floor, Chicago, Illinois 60654. Defendant WhyTeeZee, LLC is a limited liability company organized under the laws of the State of Delaware with its principal place of business, on information and belief, at 222 West Merchandise Mart Plaza, 12
th
 Floor, Chicago, Illinois 60654. Defendant BitBend, LLC is a limited liability company organized under the laws of the State of Illinois with its principal place of business at 201 South Taylor Street, Oak Park, Illinois 60302. Defendant Robert Brown is an individual and the Chief Executive Officer of OptionsAway; Mr. Brown is a resident of Oak Park, Illinois. Defendant Heidi Brown is an individual and is the Chief Marketing Officer of OptionAway; Mrs. Brown is a resident of Oak Park, Illinois.
III. JURISDICTION AND VENUE
4. This Court has subject matter jurisdiction under the provisions of 28 U.S.C. §§ 1331 and 1338(a), in that this action for patent infringement arises under the laws of the United States, including 35 U.S.C. §§ 271 and 281-285. This Court has jurisdiction over the remaining non-patent claims pursuant to 28 U.S.C. § 1367. 5. Personal jurisdiction over Defendants comports with 735 ILCS 5/2-209 and the United States Constitution because Defendants do business in this judicial district, have committed and continue to commit, or have contributed and/or induced and continue to contribute to and/or to induce, acts of patent infringement in this judicial district as alleged in this Complaint, or otherwise have sufficient contacts with the state. 6. Venue is proper in this judicial district under the provisions of 28 U.S.C. §§ 1391(b), (c), and § 1400(b).
IV. FACTUAL BACKGROUND
7. Smart Options is the owner of United S
tates Patent Nos. 7,313,539 (“539  patent”) and United States Patent No. 8,301,550 (“550 patent”). Smart Options also owns
 
 3 several related patents and patent applications. Smart Options does business as OptionIt, using the technology described and claimed in those patents and operates the website www.optionit.com. Smart Options also owns a substantial interest in OptionsAway, LLC, which operates www.optionsaway.com, a website that also used the inventions of Smart
Options’ patents to sell and offer for sale options on airfare under a no
w-revoked license. Smart Options has also authorized a number of other entities to use its inventions under non-exclusive patent licenses, including SteadyFare, Inc. and JetZet, Incorporated. 8. On December 25, 2007, the United States Patent and Trademark Office duly and legally issued United States Patent No. 7,313,539 (the
“539 patent”
) entitled
“Method
and System for Reserving Future Purcha
ses of Goods or Services”.
A true and correct copy of the 539 patent is attached hereto as Exhibit A. On October 30, 2012, the United States Patent and Trademark Office duly and legally issued United States Patent No. 8,301,550 (the
“550 patent”
) entitled
“Method and System for Reserving Future Purchases of Goods or Services”.
A true and correct copy of the 550 patent is attached hereto as Exhibit B. 9. The application which became the 539 patent was filed May 5, 2008. The 550  patent shares that constructive priority date. 10. The inventions described and claimed in the 539 and 550 patents were conceived of at least as early as March 1998. 11. The inventors diligently reduced to practice the described and claimed inventions of the 539 and 550 patents. 12. The inventors of the SmartOptions
 system pioneered the concepts described and claimed in the 539 and 550 patents.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->