Mobile Commerce Framework Inc. v. Yelp! Inc.

Filing 1

COMPLAINT with Jury Demand against Yelp! Inc. ( Filing fee $ 350 receipt number 0974-4144616). Filed by Mobile Commerce Framework Inc.. (Attachments: # 1 Exhibit A - US Patent)The new case number is 3:11-cv-2589-MMA-MDD. Judge Michael M. Anello and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Hangartner, Jonathan)(sjt) (Low Number Order Prepared) (leh). (av1).

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X-PATENTS, APC
JONATHAN HANGARTNER, Cal. Bar No. 196268
5670 La Jolla Blvd.
La Jolla, CA 92037
Telephone: [phone]
Facsimile: 858-454-4313
[e-mail]
Jennifer Towle, Cal. Bar No. 225095
W. Bryan Farney
Steven R. Daniels, Cal. Bar No. 235398
FARNEY DANIELS LLP
800 S. Austin Ave., Suite 200
Georgetown, Texas 78626
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Mobile Commerce Framework Inc.

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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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MOBILE COMMERCE FRAMEWORK
INC.,

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Plaintiff,

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'11CV2589 MMA MDD
Case No. _______________________
_____________________
COMPLAINT

v.
JURY TRIAL DEMANDED

Yelp! Inc.,

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Defendant.

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Plaintiff Mobile Commerce Framework Inc. (“MCF”) for its complaint against

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Defendant Yelp! Inc. (“Yelp”) avers as follows:
PARTIES

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1.

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Plaintiff MCF is a corporation organized under the laws of Delaware, with its

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principal place of business at 24196 Alicia Parkway, Suite L, Mission Viejo, California 92691.

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COMPLAINT

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2.

On information and belief, Defendant Yelp is a corporation organized under the

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laws of Delaware, with its principal place of business at 706 Mission Street, Floor 7, San

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Francisco, California 94103.
JURISDICTION

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3.

United States of America, 35 U.S.C. § 1, et seq.

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This is a civil action for patent infringement arising under the patent laws of the

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This Court has jurisdiction over the subject matter of the Complaint pursuant to

28 U.S.C. §§ 1331 & 1338.

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5.

This Court has personal jurisdiction over Yelp because Yelp purposefully offers

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and provides the infringing products through established distribution channels into the State of

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California and the Southern District of California.

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6.

Venue is proper under 28 U.S.C. §§ 1391(b) and (c) and 1400(b) because Yelp

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offers the infringing products to customers in the Southern District of California and because

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Yelp is subject to personal jurisdiction in the Southern District of California.

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7.

This case involves the same patent at issue in the matter Mobile Commerce

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Framework, Inc. v. Foursquare Labs, Inc., Civil Action No. 3:11-cv-00481-BEN-BLM, which is

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currently pending in the United States District Court for the Southern District of California.
BACKGROUND

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8.

On April 6, 2010, United States Patent No. 7,693,752 (the ’752 patent), on an

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invention entitled “MOBILE COMMERCE FRAMEWORK,” was duly and legally issued by the

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United States Patent and Trademark Office. Attached as Exhibit A is a copy of the ’752 patent.

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9.

The ’752 patent has been in force and effect since its issuance. MCF is the owner

of the entire right, title and interest in and to the ’752 patent.

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10.

Yelp has made and distributes to customers throughout the United States various

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software applications for mobile devices that can be used to subscribe to the Yelp platform to

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obtain information and offers from merchants based on their merchant type and location.

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COMPLAINT

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COUNT I

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(INFRINGEMENT OF THE ’752 PATENT)

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MCF realleges and incorporates the previous paragraphs of this Complaint as

though set forth in full herein.
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Yelp has used, offered for sale, sold, and/or imported in the United States

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products, including at least various Yelp mobile applications, such as, for example, Yelp for

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iphone, Yelp for Android, and Yelp for Blackberry, Yelp for Windows Phone 7, and Yelp for

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Palm Pre, which literally and under the doctrine of equivalents infringe one or more claims of the

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’752 patent in violation of 35 U.S.C. § 271.

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13.

MCF has been damaged and has suffered irreparable injury due to acts of

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infringement by Yelp and will continue to suffer irreparable injury unless Yelp’s activities are

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enjoined.

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MCF has suffered and will continue to suffer substantial damages by reason of

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Yelp’s acts of patent infringement alleged above, and MCF is entitled to recover from Yelp for

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the damages sustained as a result of Yelp’s acts.

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PRAYER

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WHEREFORE, MCF prays that judgment be entered by this Court in its favor and

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against Yelp as follows:

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A.

That Yelp has infringed the ’752 patent;

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B.

Permanently enjoining and restraining Yelp, its agents, affiliates, subsidiaries,

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servants, employees, officers, directors, attorneys and those persons in active concert with or

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controlled by Yelp from further infringing the ’752 patent;

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C.

For an award of damages adequate to compensate MCF for the damages it has

suffered as a result of Yelp’s conduct, including pre-judgment interest;
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That Yelp be directed to withdraw from distribution all infringing products,

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whether in the possession of Yelp or its distributors or retailers, and that all infringing products

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or materials be impounded or destroyed;

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E.
COMPLAINT

For monetary damages in an amount according to proof;
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F.

For interest on said damages at the legal rate from and after the date such damages

were incurred;
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For such other relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL

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Plaintiff MCF hereby demands a jury trial as to all issues that are so triable.

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Dated: November 7, 2011

X-PATENTS, APC

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By:

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/s/ Jonathan Hangartner
Jonathan Hangartner
Attorneys for Plaintiff Mobile Commerce
Framework Inc.

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COMPLAINT

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'11CV2589 MMA MDD