You are on page 1of 42
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CROSS ATLANTIC CAPITAL Ei PARTNERS, INC. 7 CIVIL ACTION 100 Matsonford Road : Building 5, Suite 555 t NO.: 07-CV-_ Radnor, PA 19087, : Plaintiff, : JURY TRIAL DEMANDED vs. FACEBOOK, INC. 156 University Avenue Palo Alto, CA 94301-1605, AND THEFACEBOOK, LLC 156 University Avenue Palo Alto, CA 94301-1605, Defendants. COMPLAINT Plaintiff, Cross Atlantic Capital Partners, Inc., by and through its undersigned counsel, complaining of the defendants, Facebook, Inc. and Thefacebook, LLC, avers as follows: JURISDICTION AND VENUE 1. This action is a claim for patent infringement arising under the Patent Laws of the United States, Title 35, United States Code §§ 1 er seg. 2. This Court has subject matter jurisdiction based upon Title 28, U.S.C. §§ 1331 & 1338(a) 3. Venue is proper in this judicial district pursuant to Title 28, U.S.C. §§ 1391(b) & (c), as well as 28 U.S.C. § 1400(b) in that acts of patent infringement are occurring within this judicial district, and the defendants are subject to jurisdiction in this judicial district. THE PARTIES 4, Atall times relevant hereto, plaintiff Cross Atlantic Capital Partners, Inc. (“XACP") is a corporation organized and existing pursuant to the laws of the State of Delaware and has a principal place of business at 100 Matsonford Road, Building 5, Suite 585, Radnor, PA 19087. 5. On information and belief, defendant Facebook, Inc. is a corporation organized and existing pursuant to the laws of the State of Delaware and has a principal place of business at 156 University Avenue, Palo Alto, CA 94301-1605. Facebook, Inc. was formally named Thefacebook, Inc., and it is interchangeably referred to herein as Facebook, Inc. 6. On information and belief, defendant Thefacebook, LLC is a limited liability corporation organized and existing pursuant to the laws of the State of Florida and has a principal place of business at 156 University Avenue, Palo Alto, CA 94301- 1605. Its sole member is Facebook, Inc. 7, Defendants are in the business of, inter alia, owning, making, operating, maintaining, marketing, selling advertising for, and generating income and profits from ®, an Internet website called “Facebook®” with a domain address of “facebook.com” (formally “thefacebook.com”) that facilitates the creation of online communities by its registered users (hereafter, “the Facebook® web site”). 8. Atall times relevant hereto, defendants acted through their respective agents, representatives, employees and servants, all of whom acted within the course and scope of their duties and responsibilities FACTS 9. Plaintiff XACP is the assignee of complete interest in United States Patent No, 6,519,629 B2 (“"629 Patent”), entitled System for Creating a Community for Users with Common Interests to Interact In. A copy of the ‘629 Patent is attached hereto as Exhibit “A.” 10. On February 25, 2000, Jamey Harvey, Andrew Fegley, Matt Hulan, and Robert Dekelbaum (collectively, “the inventors”), filed United States Patent Application Serial No. 09/513,844, which was a continuation-in-part of application No. 09/264,988, filed on September 15, 1998. 11. On or about November 13, 2001, the inventors assigned their complete interest in the aforementioned patent application and any patent that issued therefrom to iKimbo, Inc. 12, On February 11, 2003, the United States Patent and Trademark Office issued the ‘629 Patent in the name of the inventors and iKimbo, Inc., as assignee. 13. The ‘629 Patent discloses and claims, inter alia, novel systems and methods for creating a community for users with common interests to interact in. 3