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Execware v. Sears Brands et. al.

Execware v. Sears Brands et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00561-UNA: Execware LLC v. Sears Brands LLC et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l5XM for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00561-UNA: Execware LLC v. Sears Brands LLC et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l5XM for more info.

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Published by: PriorSmart on May 03, 2012
Copyright:Public Domain

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02/01/2013

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1IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREExecware, LLC,Plaintiff,v.Sears Brands, L.L.C.;Sears, Roebuck and Co.;Kmart.com LLC; andKmart CorporationDefendants.Civil Action No.DEMAND FOR JURY TRIALCOMPLAINTPlaintiff Execware, LLC (“Execware”) alleges as follows:PARTIES1.
 
Execware is a limited liability company organized under the laws of theCommonwealth of Virginia, having its principal offices at 3440 S. Jefferson Street #1125, FallsChurch, Virginia 22041.2.
 
Defendant Sears Brands, L.L.C. (“Sears Brands”) is an Illinois limited liabilitycompany with a principal place of business at 3333 Beverly Road, Hoffman Estates, Illinois60179. Sears Brands has appointed C T Corporation System, 208 South LaSalle Street, Suite814, Chicago, Illinois 60604 as its agent for service of process.3.
 
Defendant Sears, Roebuck and Co. (“Sears Roebuck”) is a New York corporationwith a principal place of business at 3333 Beverly Road, Hoffman Estates, Illinois 60179. SearsRoebuck has appointed The Corporation Trust Company, 1209 Orange Street, Wilmington,Delaware 19801 as its agent for service of process.4.
 
Defendant Kmart.com LLC (“Kmart.com”) is a Delaware limited liabilitycompany with a principal place of business at 3333 Beverly Road, Hoffman Estates, Illinois
 
260179. Kmart.com has appointed The Corporation Trust Company, 1209 Orange Street,Wilmington, Delaware 19801 as its agent for service of process.5.
 
Defendant Kmart Corporation (“Kmart Corp.”) is a Michigan corporation with a principal place of business at 3333 Beverly Road, Hoffman Estates, Illinois 60179. Kmart Corp.has appointed The Corporation Company, 30600 Telegraph Road, Suite 2345, Bingham Farms,Michigan 48025 as its agent for service of process.JURISDICTION AND VENUE6.
 
This is an action for patent infringement arising under the patent laws of theUnited States of America, 35 U.S.C. § 1,
et seq
., including § 271. This Court has subject matter  jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).7.
 
Venue is proper in this District under 28 U.S.C. §§ 1391 (b)-(d) and 1400(b) because Defendants Sears Brands and Sears Roebuck (collectively, “Sears”) and DefendantsSears Brands, Kmart.com and Kmart Corp. (collectively, “Kmart”) are subject to personal jurisdiction in this District, have committed acts of patent infringement in this District, or have aregular and established place of business in this District.COUNT I(Infringement of U.S. Patent No. 6,216,139)8.
 
Execware is the owner by assignment of United States Patent No. 6,216,139 (“the’139 patent”), entitled “Integrated Dialog Box for Rapidly Altering Presentation of ParametricText Data Objects on a Computer Display.” The ’139 patent issued on April 10, 2001. A trueand correct copy of the ’139 patent is attached hereto as Exhibit A.9.
 
On information and belief, Sears is directly infringing (literally and under thedoctrine of equivalents) at least claim 1 of the ’139 patent in this District and throughout theUnited States by, among other things, making, using, selling, offering to sell, or importing a
 
3computer system to rapidly format and reformat tabular displays of records or text data objects,such as Sears’ product listings at www.sears.com. For example, in returning the search resultsfor “backpacks,” shown below, Sears’ software initially sorts the selected text data objects andallows further sorting of the large amount of data.10.
 
On information and belief, Kmart is directly infringing (literally and under thedoctrine of equivalents) at least claim 1 of the ’139 patent in this District and throughout theUnited States by, among other things, making, using, selling, offering to sell, or importing acomputer system to rapidly format and reformat tabular displays of records or text data objects,such as Kmart’s product listings at www.kmart.com. For example, in returning the search resultsfor “flashlight,” shown below, Kmart’s software initially sorts the selected text data objects andallows further sorting of the large amount of data.

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