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COMPLAINT FOR PATENTINFRINGEMENT
Venue is proper in this district under 28 U.S.C. §1391(b-c) and 1400(b) because asubstantial part of the events or omissions giving rise to the claims occurred in this Districtwhere Defendant has done business and committed infringing acts and continues to do businessand to commit infringing acts.
Plaintiff Landmark is a limited liability company organized under the laws of theState of Delaware with its principal place of business at 719 W. Front Street, Suite 157, Tyler,Texas 75702.6.
Plaintiff is informed and believes, and on that basis alleges, that DefendantDestination Maternity Corporation is a corporation organized under the laws of the State of Ohio, with its principal place of business at 456 North Fifth Street, Philadelphia, PA 19123.Plaintiff is further informed and believes, and on that basis alleges, that Destination Maternity isin the business of selling shoes and accessories, and derives a significant portion of its revenuefrom sales and distribution via Internet-based electronic commerce conducted on and using atleast, but not limited to, the Internet websites located at http://www.destinationmaternity.com,http://www.motherhood.com, and http://www.APeaInThePod.com (the "Website"). Thiselectronic commerce is described in Destination Maternity's publicly filed 10-K with thefollowing excerpt from a section entitled "Internet Operations":
We sell our merchandise on the Internet primarily at our DestinationMaternity.com websiteand our brand-specific websites such as Moth
erhood.com and APeaInThePod.com….We believe
that many pregnant women use the Internet to find maternity-related information and to purchasematernity clothes. Our websites are therefore important tools for educating existing and potentialcustomers about o
ur brands and driving traffic to our stores….Our marketing and technology
capabilities and the replenishment capabilities of our distribution centers and stores enable us toincorporate Internet design, operations and fulfillment into our existing operations. We believethat our Internet operations represent a growth opportunity for the Company both by increasingInternet sales and by using the Internet to drive store sales. During fiscal 2011, Internet salesincreased 22.0%, on top of an increase of 32.3% in fiscal 2010, and we look to continue toincrease sales driven by our Internet operations in the future.