Real Time Social Inventions LLC v. Facebook Inc.
Filing
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COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Facebook Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1022600.) - filed by Real Time Social Inventions LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(dzs, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
REAL TIME SOCIAL INVENTIONS, LLC,
Plaintiff,
v.
Civil Action No. ___________
FACEBOOK, INC.,
JURY TRIAL DEMANDED
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Real Time Social Inventions, LLC states its complaint against Facebook
Inc. and alleges as follows:
THE PARTIES
1.
Plaintiff Real Time Social Inventions, LLC (“RTSI”) is a limited liability
company organized and existing under the laws of the State of Delaware, with its
principal place of business in Boca Raton, Florida.
2.
Upon information and belief, Defendant Facebook, Inc. (“Defendant”) is a
corporation organized and existing under the laws of the State of Delaware, with its
principal place of business at 1601 South California Avenue, Palo Alto, California.
JURISDICTION AND VENUE
3.
Plaintiff realleges and incorporates by reference the above paragraphs of this
Complaint, inclusive, as though fully set forth herein.
4.
This action is for patent infringement pursuant to the patent laws of the
United States, 35 U.S.C. §§ 1 et seq. This Court has subject matter jurisdiction over
the action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
5.
This Court has personal jurisdiction over Defendant because Defendant has
established minimum contacts with Delaware such that the maintenance of this suit
does not offend traditional notions of fair play and substantial justice. On information
and belief, Defendant has engaged in substantial, continuous, and systematic economic
activity in Delaware by offering products and/or services in Delaware. On information
and belief, Defendant has committed patent infringement within and outside Delaware
that has affected persons in Delaware. Finally, Defendant is incorporated in Delaware
and has purposely availed itself of the privileges and benefits of the laws of the State of
Delaware
6.
Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b)
because Defendant resides in this District and, on information and belief, has
committed acts of infringement in this District and has transacted business in this
District.
COUNT ONE
INFRINGEMENT OF U.S. PATENT NO. 7,853,881
7.
Plaintiff realleges and incorporates by reference the above paragraphs of this
Complaint, inclusive, as though fully set forth herein.
8.
Plaintiff is the owner of all right, title, and interest in United States Patent
No. 7,853,881, entitled “Multi-User On-Line Real-Time Virtual Social Networks
Based Upon Communities of Interest for Entertainment, Information or E-Commerce
Purposes,” duly and legally issued by the United States Patent and Trademark Office
on December 14, 2010 (the “‘881 patent”). A true and correct copy of the ‘881 patent
is attached hereto as Exhibit A.
9.
The ‘881 patent generally describes and claims a method and computer
network for interacting in real-time with online users of social networks within an
interactor zone.
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10. Defendant has infringed, and continues to infringe, literally and/or under the
doctrine of equivalents, one or more claims of the ‘881 patent under 35 U.S.C. § 271
by making, using, offering to sell, and/or selling the patented invention within the
United States. Specifically, Defendant has infringed and continues to infringe the ‘881
patent by making, using, offering to sell, and/or selling its Facebook social networking
product and service, accessible at least through facebook.com.
11.
As a result of Defendant’s infringing activities, RTSI has suffered damages in
an amount not yet ascertained. RTSI is entitled to recover damages adequate to
compensate it for Defendant’s infringing activities in an amount to be determined at
trial, but in no event less than reasonable royalties, together with interest and costs.
12. RTSI reserves the right to allege, after discovery, that Defendant’s
infringement is willful and deliberate, entitling RTSI to increased damages under 35
U.S.C. § 284, and to attorneys’ fees incurred in prosecuting this action under 35
U.S.C. § 285.
PRAYER FOR RELIEF
RTSI requests entry of judgment in its favor against Defendant as follows:
a) For a declaration that Defendant has infringed, directly and/or indirectly,
one or more claims of the ‘881 patent;
b) For an award of damages adequate to compensate RTSI for Defendant’s
infringement of the ‘881 patent, but in no event less than a reasonable royalty,
together with prejudgment and post-judgment interest and costs, in an amount
according to proof;
c) For an entry of a permanent injunction enjoining Defendant, and its
respective officers, agents, employees, and those acting in privity with Defendant, from
further infringement of the ‘881 patent, or in the alternative, awarding a royalty for
post-judgment infringement; and
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d) For an award to RTSI of such other costs and further relief as the Court may
deem just and proper.
DEMAND FOR JURY TRIAL
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, RTSI respectfully
requests a trial by jury.
Dated: February 14, 2012
Respectfully submitted,
/s/Brian E. Farnan
Brian E. Farnan (Bar No. 4089)
Farnan LLP
919 North Market Street
12th Floor
Wilmington, Delaware 19801
Telephone: (302) 777-0300
Facsimile: (302) 777-0301
bfarnan@farnanlaw.com
Adam J. Gutride, Esq.
Seth A. Safier, Esq.
Todd Kennedy, Esq.
835 Douglass Street
San Francisco, California 94114
Telephone: (415) 789-6390
Facsimile: (415) 449-6469
adam@gutridesafier.com
seth@gutridesafier.com
todd@gutridesafier.com
Attorneys for Plaintiff Real Time
Social Inventions, LLC
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