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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND BALTIMORE DIVISION EDUCATE ONLINE TECHNOLOGY, LLC

and EDUCATE ONLINE, INC. Plaintiff, v. JURY TRIAL DEMANDED LEARN-IT SYSTEMS, LLC, Defendant. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Educate Online Technology, LLC (EOT) and Educate Online, Inc. (EO) (collectively Plaintiffs), by their attorneys, allege as follows for their Complaint for Patent Infringement against Defendant Learn-It Systems, LLC (Learn It Systems): NATURE OF THE ACTION 1. This action arises under the patent laws of the United States, Title 35 of the Case No. 11 CV 3085

United States Code, and relates to U.S. Patent No. 6,729,885. PARTIES 2. EOT is a company formed under the laws of Delaware having its principal

place of business at 1001 Fleet Street, Baltimore, Maryland 21202. 3. EO is a company formed under the laws of Delaware having its principal place

of business at 1001 Fleet Street, Baltimore, Maryland 21202. 4. On information and belief, Defendant Learn It Systems is a company formed

under the laws of Maryland having its principal place of business at 2201 Old Court Road, Baltimore, Maryland 21208.

JURISDICTION AND VENUE 5. This action arises under the patent laws of the United States, Title 35 of the

United States Code. 6. 7. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1338 (a). The personal jurisdiction of this Court over Learn It is proper because Learn It

Systems is a Maryland corporation having its principal place of business in Baltimore, Maryland. Defendant has conducted and does conduct business within the State of Maryland and within the District. Moreover, Learn It Systems commits acts of infringement in

violation of 35 U.S.C. 271 and places infringing products and/or services into the stream of commerce, via an established distribution channel, with the knowledge and/or understanding that such products and/or services are sold in and from the State Maryland, including in and from this District. These acts cause injury to Plaintiffs within this District. Upon information and belief, Learn It Systems derives substantial revenue from the sale of infringing products and/or services distributed within the District, and/or expects or should reasonably expect its actions to have consequences within the District and derives substantial revenue from interstate and international commerce. 8. Venue is proper in this District under 28 U.S.C. 1391 (b), (c) and 1400 (b). FACTUAL ALLEGATIONS 9. On, May 4, 2004, United States Patent Number 6,729,885 (the 885 Patent)

was duly and legally issued for an invention titled Learning System and Method for Engaging in Concurrent Interactive and Non-Interactive Learning Sessions. A true and correct copy of the 885 Patent is attached hereto as Exhibit A. Plaintiff EOT is the assignee of the entire right, title, and interest in the 885 Patent. Plaintiff EO is a licensee of the 885 Patent with rights to make, have made, use, sell, offer for sale, import, and otherwise exploit the 885 patent.

10.

The U.S. Patent and Trademark Office (PTO) has granted EOT and its

related entities a number of patents over the years for its innovative contributions to online instruction. 11. EO has more than a decade of experience providing the highest-quality online

instruction. EO has been and continues to be a leading provider of personalized online instruction for over 6 years. 12. EOs highly online instructional programs have a track record of results.

During the past seven years alone, EO has worked with more than 60,000 students nationwide in grades 3 through 12 and delivered more than 1.4 million sessions. EOs students gain an average of a grade level in math and readingall with less than 26 hours of instruction. 13. Learn It Systems is a Baltimore company founded by Michael Maloney, a

former employee of Catapult Learning, LLC (Catapult Learning), which was an indirect subsidiary of Educate, Inc. Educate Online, Inc. f/k/a Catapult Online, LLC was a subsidiary of Catapult Learning, LLC. Upon information and belief, Learn It Systems provides

educational services through, among other things, its Learn It Online. According to Learn It Systems website, Students participate in live lessons or blended learning from the convenience and comfort of their own home. programs/online/). 14. Upon information and belief, Learn It Online combines technology with a (available at www.learnitsystems.com/

research-based curriculum and proven instructional strategies to engage students and accelerate academic growth. (available at www.learnitsystems.com/programs/online /curriculum/). Upon information and belief, Learn It Systems provides at least the following for its Learn It Online: (1) Online, Live Instruction: Students work with a live Teacher on research-based lessons; (2) Blended Learning: Live instruction and asynchronous lessons

are also available to ensure we target a variety of learning styles; (3) Certified Instructors: Experienced and specially trained for our programs; (4) State-Aligned Curriculum: Aligned to the grade-level standards for each state; (5) Literacy and Mathematics: Research-based, proven effective programs; and (6) Personalized Learning: Individualized plans for each student, at any level. (Id.) 15. Upon information and belief, Learn It Online provides assessments are linked

to software that automatically analyzes the pre-test data and generates reports that identify the level of skill mastery for individual students and groups of students. (available at www.learnitsystems.com/programs/online/assessment/). Upon information and belief, the Learn It Online assessment provides (1) Accurate analysis of every students academic strengths and areas of needed improvement; (2) A clear picture of the skills that need to be addressed with every child; (3) The ability for our Teachers to see what skills must be addressed first; (4) A roadmap for lessons to ensure skill mastery of state content standards; and (5) Our assessments are linked to software that automatically analyzes the pre-test data and generates reports that identify the level of skill mastery for individual students and groups of students. All Teachers are provided with a pacing chart that identifies the specific lessons to address with each student and small instruction group. This allows Teachers to provide individualized instruction targeted to each student. (Id.) 16. Learn It Systems is now and has been directly infringing and/or contributorily

infringing the 885 Patent, literally and under the doctrine of equivalents, by, among other things, making, using, offering to sell, distributing, selling, or re-selling its Learn It Online service. 17. On information and belief, Learn It Systems acts of infringement of the 885

Patent have been and are being committed with knowledge of the 885 Patent, intentionally and in a willful and wanton manner in deliberate disregard of the patent rights of EOT. Learn

It Systems knowledge of the 885 Patent include, but are not limited to, Michael Maloneys knowledge of the 885 Patent through his employment at Catapult Learning and his understanding of the business practices of Educate and its affiliates. COUNT I (Infringement of the 885 Patent) 18. Plaintiffs re-allege and incorporate by reference the allegations in the

preceding paragraphs of this Complaint. 19. On information and belief, in violation of 35 U.S.C. 271, Defendant has,

without authorization or license, infringed and continues to directly infringe, contributorily infringe, and/or induce the infringement of the 885 Patent in this judicial district and elsewhere in the United States through the manufacture, use, offer for sale, distribution, sale, and/or resale of Learn It Online. This online instructional program embodies the 885 Patent. Learn It Systems will continue to infringe the 627 Patent unless enjoined by this Court. 20. Learn It Systems acts of infringement of the 885 Patent have caused and will

continue to cause Plaintiffs substantial and irreparable injury, for which Plaintiffs are entitled to receive injunctive relief and damages adequate to compensate them for such infringement. 21. On information and belief, Learn It Systems acts of infringement of the 885

Patent have been and are being committed with knowledge of the 885 Patent, intentionally and in a willful and wanton manner in deliberate disregard of the patent rights of Plaintiffs. PRAYER FOR RELIEF Wherefore, Plaintiffs pray for the following relief: A. B. A judgment finding Learn It Systems has directly infringed the 885 Patent; A permanent injunction enjoining Learn It Systems and its affiliates,

subsidiaries, officers, directors, agents, servants, employees, representatives, licensees,

successors, assigns and all those acting for them and on their behalf, from further infringement of the 885 Patent; C. An award of damages adequate to compensate Plaintiffs for the infringement

that has occurred of the 885 Patent by Learn It Systems; D. award; E. An order that Learn It Systems account for and pay to Plaintiffs damages An award of pre-judgment interest and post-judgment interest on the damages

adequate to compensate Plaintiffs for the infringement of their patent rights; F. An award to Plaintiffs of treble damages pursuant to 35 U.S.C. 284 for

Learn It Systems willful acts of infringement; G. A determination that this is an exceptional case and an award of Plaintiffs

attorneys fees, costs, and expenses pursuant to 35 U.S.C. 285 and any other applicable statute or law, and an award to Plaintiffs of their costs; and H. Such other relief as the Court deems equitable under the circumstances.

Dated:

October 28, 2011

K&L GATES LLP By /s/ Michael T. Murphy Michael T. Murphy K&L Gates LLP 1601 K Street, NW Washington, DC 20006-1600 Telephone: 202.778.9000 Facsimile: 202.778.9100 Attorneys for Educate Online Technology, LLC and Educate Online, Inc.

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