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PB&J Software v. Evault

PB&J Software v. Evault

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 4:12-cv-00693: PB&J Software, LLC v. Evault, Inc. Filed in U.S. District Court for the Eastern District of Missouri, no judge yet assigned. See http://news.priorsmart.com/-l5TD for more info.
Official Complaint for Patent Infringement in Civil Action No. 4:12-cv-00693: PB&J Software, LLC v. Evault, Inc. Filed in U.S. District Court for the Eastern District of Missouri, no judge yet assigned. See http://news.priorsmart.com/-l5TD for more info.

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Published by: PriorSmart on Apr 16, 2012
Copyright:Public Domain

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02/01/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF MISSOURIEASTERN DIVISION
PB&J Software, LLC ))Plaintiff, ))v. ) Case No. 4:12-cv-693)Evault, Inc. ))
JURY TRIAL DEMANDED
 Defendant. )
COMPLAINT
PB&J Software, LLC (“PB&J”) seeks legal and equitable remedies for infringement of Plaintiff’s United States Patents No. 7,356,535 (the “’535 Patent”) by Evault, Inc. (“Evault”).
JURISDICTION AND VENUE
1. This is an action for patent infringement under Title 35 of the United States code.Plaintiff is seeking injunctive relief as well as damages.2. Subject matter jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331(federal question) and 1338(a) (patents).3. Venue is proper under 28 U.S.C. §§ 1391(c).4. Plaintiff is a Missouri limited liability company with its principal place of business at11880 Conway Road, St. Louis, MO 63131.5. On information and belief, Defendant Evault, Inc. is a Delaware corporation with itsprincipal place of business at 6121 Hollis Street, Suite 2, Emeryville, California 94608. Oninformation and belief, Evault does business throughout the United States, including within this judicial district.
 
26. This Court has personal jurisdiction over Defendant because, on information andbelief, Defendant does business in this district and/or has systematic and continuous contacts inthis district.
INFRINGEMENT OF U.S. PATENT 7,356,535
7. Plaintiff incorporates the above paragraphs herein by reference.8. This cause of action arises under the patent laws of the United States, and in particularTitle 35 of the United States Code.9. Plaintiff is the assignee of and owns all right, title and interest in and has standing tosue for infringement of the ‘535 Patent.10. The '535 Patent is valid, enforceable and was duly issued in full compliance withTitle 35 of the United States Code.11. Defendant is infringing, inducing others to infringe, and/or contributorily infringing,in the United States and this District, at least one claim of the '535 Patent. Such infringingactivities by Defendant include making, using, importing, selling and/or offering products andservices. The infringing activities include, but are not limited to, offering services and licensingsoftware implementing what Evault identifies as “data seeds.”12. Defendant has derived substantial revenue from its infringement.13. Defendant's actions as described herein constitute infringement of at least one claimof the '535 Patent in violation of 35 U.S.C. §§ 271, 281-285.14. Defendant's infringement is willful because Defendant has infringed the ‘535 Patentas alleged herein, with knowledge of the '535 Patent.15. This case is exceptional pursuant to the provisions of 35 U.S.C. § 285.
 
316. Defendant's actions complained of herein are causing irreparable harm and monetarydamage to Plaintiff and will continue to do so unless and until Defendant is enjoined andrestrained by this Court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff asks the Court to:A. Enter judgment for Plaintiff on this Complaint;B. Enjoin Defendant, its agents, officers, servants, employees, attorneys and all personsin active concert or participation with Defendant who receive notice of the order from furtherinfringement of the ‘535 Patent;C. Award Plaintiff damages resulting from Defendant's infringement in accordance with35 U.S.C. § 284;D. Treble the damages in accordance with the provisions of 35 U.S.C. § 284;E. Find the case to be exceptional under the provisions of 35 U.S.C. § 285;F. Award Plaintiff reasonable attorney fees under 35 U.S.C. § 285;G. Award Plaintiff interest including, but not limited to, prejudgment and post judgmentinterest, and costs; andH. Award Plaintiff such further relief to which the Courts finds Plaintiff entitled underlaw or equity.
JURY DEMAND
Plaintiff requests a trial by jury of any and all issues triable of right by a jury.* * * * * * * *

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