Mobile Commerce Framework Inc. v. Yelp! Inc.
Filing
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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: 858-454-4313
Facsimile: 858-454-4313
jon@x-patents.com
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: (512) 582-2828
Facsimile: (512) 582-2829
JTowle@farneydaniels.com
BFarney@farneydaniels.com
SDaniels@farneydaniels.com
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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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
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