IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No.

5:13-CV-103 TRUNQATE, LLC, Plaintiff, v. JURY TRIAL DEMANDED PEOPLECLICK, INC., PEOPLEFLUENT INC., PEOPLECLICK AUTHORIA HOLDINGS CORP. and PEOPLEFLUENT HOLDINGS CORP. Defendants. COMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement in which Trunqate, LLC (“Trunqate” or “Plaintiff”) makes the following allegations against Peopleclick, Inc. Peoplefluent Inc., Peopleclick Authoria Holdings Corp. and Peoplefluent Holdings Corp. (collectively “Peoplefluent” or “Defendants”). PARTIES 1. Plaintiff Trunqate is a California limited liability company with its principal place

of business at 547 South Marengo Ave., Ste. 104, Pasadena, CA 91101. 2. On information and belief, Peopleclick, Inc. is a Delaware corporation with its

principal places of business at 434 Fayetteville St., 9th Fl., Raleigh, NC 27601. On information and belief, Peopleclick, Inc. may be served with process by serving its registered agent Mike Defrancesco, 434 Fayetteville St., Suite 900, Raleigh, NC 27601. 3. On information and belief, Peoplefluent Inc. is a New York corporation, with its

principal place of business at 300 Fifth Ave., Waltham, MA 02451. On information and belief, Peoplefluent, Inc. may be served with process by serving Peoplefluent Agent, P.O. Box 90, Commack, NY 11725. -1-

4.

On information and belief, Peopleclick Authoria Holdings Corp. is a Delaware

corporation, with its principal places of business at 434 Fayetteville St., 9th Fl., Raleigh, NC 27601 and 300 Fifth Ave., Waltham, MA 02451. On information and belief, Peopleclick

Authoria Holdings Corp. may be served with process by serving its registered agent CT Corporation System, 155 Federal St., Suite 700, Boston, MA 02110-1727. 5. On information and belief, Peoplefluent Holdings Corp. is a Delaware

corporation, with its principal place of business at 300 Fifth Ave., Waltham, MA 02451. On information and belief, Peoplefluent Holdings Corp. may be served with process at The Corporation Trust Company, Corporation Trust Center, 1209 Orange St., Wilmington, DE 19801. JURISDICTION AND VENUE 6. This action arises under the patent laws of the United States, Title 35 of the

United States Code. 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(c) and 1400(b). On

information and belief, Peoplefluent has transacted business in this district, and has committed and/or induced acts of patent infringement in this district. 8. Further, on information and belief, Peoplefluent appears to maintain a principal

place of business in Raleigh, NC, including engineers that, on information and belief, possess key evidence and reside within the subpoena range of this Court. Evidence of this can be found on the Internet at http://www.peoplefluent.com/about/news/press-releases/peoplefluent-appointsderrick-ware-vice-president-engineering, which shows a press release issued by Peoplefluent dated November 27, 2012. The press release evidences inter alia that Peoplefluent’s Vice

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President of Engineering, Derrick Ware, “reports to Ronnie Thomson, Senior Vice President, Engineering and is based in Peoplefluent’s Raleigh office.” Exhibit A, attached hereto, is a true and correct copy of a screenshot of that webpage as accessed on November 28, 2012. COUNT I INFRINGEMENT OF U.S. PATENT NO. 5,592,375 9. Plaintiff is the owner by assignment of United States Patent No. 5,592,375 (“the

‘375 Patent”) entitled “Computer-Assisted System for Interactively Brokering Goods or Services Between Buyers and Sellers” – including all rights to recover for past and future acts of infringement. The ‘375 Patent issued on January 7, 1997. A true and correct copy of the ‘375 Patent is attached hereto as Exhibit B. 10. On information and belief, Peoplefluent has been and now is infringing the ’375

Patent in this judicial district, and elsewhere in the United States. Acts of infringement by Peoplefluent include, without limitation, making, using, offering for sale, and/or selling within the United States, and/or importing into the United States, at least two computer-assisted systems for interactively brokering goods or services between buyers and sellers. Such infringing

systems include, for example, “Peoplefluent’s Recruitment and Talent Management solutions,” which, on information and belief, was formerly called “Peopleclick Authoria RMS including Talent Profiles” (“Accused Systems”). Peoplefluent is thus liable for infringement of the ’375 Patent under 35 U.S.C. § 271. 11. Peoplefluent infringes at least Claim 1 of the ’375 Patent, by way of example

only, and without limitation on Trunqate’s assertion of infringement by Peoplefluent of other claims of the ’375 Patent. Claim 1 of the ’375 Patent reads as follows: 1. A computer-implemented system for assisting an employer’s hiring decision from among a pool of candidates, the system comprising: a computer, a database stored on said computer containing information, including multimedia -3-

information, descriptive of respective ones of said candidates, descriptive information for one of said candidates comprising a plurality of profile vectors, each comprising multiple independently-represented database entries of said database, the entries of each said profile vector being associated with the other entries in said profile vector but independent of entries of other said profile vectors for the same candidate; a seller interface executed on a computer for enabling said candidates to interactively enter said descriptive information, including said multimedia information and said profile vectors, into said database; and a buyer interface executed on a computer for: enabling said employer interactively to specify a description of a desired prospective employee, including specifying desired combinations of the associated entries of said profile vectors, matching said desired employee description against candidate descriptive information stored in said database, the matching using approximate-comparison logic to select, from among said descriptive information, those at least approximately matching said desired employee description, the approximatecomparison logic including “want”, “must”, and weighted logic requirements; displaying to said employer a list of summary descriptions of said selected descriptive information, the summary descriptions of said list being rank-ordered according to the closeness of the match to said desired employee profile wherein some entries of said profile do not match said candidate entered descriptive information, and making perceptible said multimedia information in response to an interactive selection request from among said rank-ordered list by said employer. On information and belief, Peoplefluent practices each and every step of at least Claim 1 of the ’375 Patent. 12. The Accused Systems constitute a “computer-implemented system for assisting

an employer’s hiring decision from among a pool of candidates,” as made clear by Peoplefluent’s Total Workforce Talent Management at http://www.peoplefluent.com/totalworkforce-talent-management. Exhibit C, attached hereto, is a true and correct copy of a

screenshot of that webpage as accessed on November 28, 2012. 13. The Accused Systems comprise the first claim element in that they require “a

computer” by nature of using webportals and other online elements for the Recruitment and Talent Management solutions. Page 1 of the Peopleclick Authoria RMS pdf document found at http://www.peopleclick.com/LinkClick.aspx?fileticket=bW9PYiWmHVQ%3d&tabid=209. states that Peoplefluent’s Recruitment and Talent Management solutions are “web-based, enterprise-4-

wide.” Exhibit D, attached hereto, is a true and correct copy of a screenshot of that webpage as accessed on November 28, 2012. 14. The Accused Systems further comprise the next claim element, “a database stored

on said computer containing information, including multimedia information, descriptive of respective ones of said candidates.” On information and belief Peoplefluent’s Recruitment and Talent Management solutions store information on databases, which are stored on the computer. These databases store, among other things, “comprehensive information on each employee in the organization.” See page 1 of the Peopleclick Authoria Talent Profiles pdf found at

http://www.peopleclick.com/LinkClick.aspx?fileticket=2RtAOVULONY%3d&tabid=209 as of on November 28, 2012. Exhibit E, attached hereto, is a true and correct copy of a screenshot of that page. The information contained includes, but is not limited to, multimedia such as analytical charts and graphs. The information is descriptive of the candidates, as shown by the attached Exhibit F, which is a true and correct copy of a screenshot of the Peopleclick Recruiting page as
accessed on November 28, 2012 at http://www.peopleclick.com/Solutions/TalentAcquisition/Recruiting.aspx.

Further, the Accused Systems enable candidates to upload multimedia information including images, video and sound files. This is shown in the attached Exhibit G, which is a true and correct copy of a screenshot provided to a customer, as accessed on January, 15 2013 through http://www.wakemed.org/landing.cfm?id=563. 15. The Accused Systems further comprise the next element of Claim 1, “descriptive

information for one of said candidates comprising a plurality of profile vectors, each comprising multiple independently-represented database entries of said database, the entries of each said profile vector being associated with the other entries in said profile vector but independent of entries of other said profile vectors for the same candidate.” Peoplefluent’s systems clearly

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enable descriptive information of candidates to be captured, which contain multiple vectors, some of which, on information and belief, can be associated with other entries without being associated with unrelated entries. For example, see page 1 of the Peopleclick Authoria Talent Profiles pdf attached hereto as Exhibit E, which states that the system provides “comprehensive information” for each candidate and includes “contact and position data, performance history, compensation and development activities;” as well as assessments of “competencies, leadership potential and flight risk provided by business managers and HR professionals.” Exhibit E also states that the data from the candidates includes “career aspirations, relocation and travel preferences, languages and other special skills” including their “resumes and pre-hire assessments gathered during recruiting.” 16. The Accused Systems further comprise the next element of Claim 1, “a seller

interface executed on a computer for enabling said candidates to interactively enter said descriptive information, including said multimedia information and said vectors, into said database.” Peoplefluent’s Recruitment and Talent Management solutions allow candidates to interactively enter information through an interface executed on a computer as Employer-defined candidate profiles, which include the vectors and multimedia information. The vectors and information are then entered into the database. For example, see the Peopleclick Authoria RMS pdf attached hereto as Exhibit D, which shows several screenshots of the Peopleclick Authoria RMS Candidate Portal and states on page 4 that “[w]hen job seekers visit your company career site and apply directly to a posted job, they have actually entered the Peopleclick Authoria RMS Candidate Portal (CP).” The document further states that job seekers “can create passwordprotected accounts that enable them to store resumes and contact information, and create search agents for automatic notification if a job is posted that matched their criteria,” among other

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functions. See also Exhibit G, which illustrates multimedia information that a candidate may upload. 17. The Accused Systems further comprise the next element of Claim 1, “a buyer

interface executed on a computer for: enabling said employer interactively to specify a description of a desired prospective employee, including specifying desired combinations of the associated entries of said profile vectors.” Peoplefluent’s Recruitment and Talent Management solutions allow employers to interactively enter search criteria through an interface executed on a computer to specify a description of a desired prospective candidate, including desired combinations of the associated entries of profile vectors. For example, see page 2 of the Peopleclick Authoria RMS pdf, attached hereto as Exhibit D, which states that Peopleclick Authoria RMS “supports superior conceptual search capabilities that allow users to quickly and easily locate candidates that meet specific job criteria” and that employers “can simultaneously search structured and unstructured data, such as education data and questionnaire answers, resumes, candidate and interviewer notes, and attachments.” 18. The Accused Systems further comprise the next element of Claim 1, “matching

said desired employee description against candidate descriptive information stored in said database, the matching using approximate-comparison logic to select, from among said descriptive information, those at least approximately matching said desired employee description, the approximate comparison logic including “want”, “must’ and weighted logic requirements.” Peoplefluent’s Recruitment and Talent Management solutions match the employer’s description against the candidate information using conceptual search functionalities to find candidates that at least approximately match their desired description. For example, see page 2 of the Peopleclick Authoria RMS pdf, attached hereto as Exhibit D, which states that

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Peopleclick Authoria RMS “supports superior conceptual search capabilities” and can “conduct a simple search or build more detailed sets of search criteria” while enabling employers to “refine search results with a drilldown field function, and then return to the original results without redoing the search.” The system can also “perform a geographic proximity search based on range from a specific location or postal code” and further scores and ranks candidates, enabling the view of “search results by ranking, which measures how closely each candidate matches your search criteria.” 19. The Accused Systems further comprise the next element of Claim 1, “displaying

to said employer a list of summary descriptions of said selected descriptive information, the summary descriptions of said list being rank-ordered according to the closeness of the match to said desired employee profile wherein some entries of said profile do not match said candidate entered descriptive information.” Peoplefluent’s Recruitment and Talent Management solutions display to the employer a list of summary descriptions of candidates, from which the employer can control what is shown. The list can also be set to display rank-ordered according to the closeness of the match to the desired profile entered by the employer, including only partial matches. For example, see page 2 of the Peopleclick Authoria RMS pdf attached hereto as Exhibit D, which states that Peopleclick Authoria RMS enables employers to “[v]iew search results in brief or detailed views, with search terms highlighted in the results” and can “[c]hoose to show search results by ranking, which measures how closely each candidate matches your search criteria.” 20. The Accused Systems further comprise the final element of Claim 1, “making

perceptible said multimedia information in response to an interactive selection request from among said rank-ordered list by said employer.” Peoplefluent’s Recruitment and Talent

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Management solutions enable employers to view multimedia information in response to an interactive selection request from the rank-ordered list of candidates. For example, see page 2 of the Peopleclick Authoria RMS pdf attached hereto as Exhibit D, which states that Peopleclick Authroia RMS enables employers to “quickly find candidates whose resumes, note titles, note bodies or attachments contain specific text” (emphasis added) and can “view search results in brief or detailed views, with search terms highlighted in the results.” Further, on information and belief, the employer’s interface must by nature enable employers to view attached multimedia information, including that attached through Peoplefluent’s Talent Profiles or uploaded by the candidate, from this list to enable employers to make informed decisions about candidates. 21.
As a result of Peoplefluent’s infringement of the ’375 Patent, Plaintiff has suffered

monetary damages and is entitled to a money judgment in an amount adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made by Defendants of the invention, together with interest and costs as fixed by the court, and Plaintiff will continue to suffer damages in the future unless Defendants’ infringing activities are enjoined by this Court.

PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court enter a judgment: 1. In favor of Plaintiff that Defendants have infringed the ’375 Patent; 2. Requiring Defendants to pay Plaintiff its damages, costs, expenses, and prejudgment and post-judgment interest for Defendants’ infringement of the ’375 Patent as provided under 35 U.S.C. § 284; and 3. Granting Plaintiff any and all other relief to which Plaintiff may show itself to be entitled.

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DEMAND FOR JURY TRIAL Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right. February 12, 2013 /s/ Susan Freya Olive Susan Freya Olive , NC Bar No. 7252 OLIVE & OLIVE, P.A. 500 Memorial Street P.O. Box 2049 Durham, NC 27702-2049 Phone: (919) 683-5514 Fax: (919) 688-3781 solive@oliveandolive.com Local Civil Rule 83.1 Counsel for Plaintiff Trunqate, LLC

OF COUNSEL: /s/ Darrell G. Dotston Darrell G. Dotson, TX Bar No. 24002010 Scott E. Stevens, TX Bar No. 00792024 Gregory P. Love, TX Bar No. 24013060 Todd Y. Brandt, TX Bar No. 24027051 STEVENS LOVE 222 N. Fredonia St. Longview, Texas 75601 (903) 753–6760 scott@stevenslove.com greg@stevenslove.com darrell@stevenslove.com todd@stevenslove.com Out of State Counsel for Plaintiff Trunqate, LLC

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