Mobile Transformation LLC v. Pocket Gems Inc.
COMPLAINT filed with Jury Demand against Pocket Gems Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1163002.) - filed by Mobile Transformation LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(dmp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MOBILE TRANSFORMATION LLC,
POCKET GEMS, INC.
Civil Case No. __________
JURY TRIAL DEMANDED
Plaintiff Mobile Transformation LLC ("Plaintiff"), for its Complaint against Defendant
Pocket Gems, Inc. ("Defendant"), hereby alleges as follows:
Plaintiff is a Delaware limited liability company.
Upon information and belief, Defendant is a Delaware corporation having a
principal place of business at 220 Montgomery Street, Suite 750, San Francisco, CA 94104.
Upon information and belief, Defendant may be served with process through its registered agent,
Incorporating Services, Ltd., at 3500 South Dupont Highway, Dover, Delaware 19901.
NATURE OF THE ACTION
This is a civil action for the infringement of United States Patent No. 6,351,736
(the "'736 Patent") under the Patent Laws of the United States, 35 U.S.C. § 1 et seq.
JURISDICTION AND VENUE
This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. §§ 1331 and 1338(a) because this action arises under the Patent Laws of the United
States, 35 U.S.C. § 271 et seq.
This Court has personal jurisdiction over Defendant because it is incorporated in
Delaware and has purposely availed itself of the privileges and benefits of the laws of the State
Upon information and belief, more specifically, Defendant, directly and/or
through authorized intermediaries, ships, distributes, offers for sale, sells, and/or advertises
(including the provision of an interactive web page) its products and services in the United States
and the State of Delaware. Upon information and belief, Defendant has committed patent
infringement in the State of Delaware. Defendant solicits customers in the State of Delaware.
Defendant has many paying customers who are residents of the State of Delaware and who each
use Defendant's products and services in the State of Delaware.
Venue is proper in this judicial district as to Defendant pursuant to 28 U.S.C.
§§ 1391 and 1400(b).
THE PATENT-IN SUIT
Paragraphs 1-7 are incorporated by reference as if fully set forth herein.
On February 26, 2002, the '736 Patent entitled "System and Method for
Displaying Advertisements with Played Data" was duly and lawfully issued by the United States
Patent and Trademark Office ("PTO"). The '736 Patent is attached hereto as Exhibit A.
Plaintiff is the exclusive licensee of the '736 Patent and possesses all rights of
recovery under the '736 Patent, including the right to sue and recover all damages for
infringement thereof, including past infringement.
COUNT I – PATENT INFRINGEMENT
Paragraphs 1-10 are incorporated by reference as if fully restated herein.
Upon information and belief and in violation of 35 U.S.C. § 271(a), Defendant
has infringed and continues to infringe at least Claim 64 of the '736 Patent by making, using,
providing, offering to sell, and selling (directly or through intermediaries), in this district and
elsewhere in the United States, systems and methods for displaying advertisements with played
data via Defendant's mobile software applications. More specifically, and by way of nonlimiting example, Defendant's “Tap Dragon Park” mobile application (the "Mobile Application")
presents a first data type of a video game data prior to the presentation of advertising data of a
second type that includes an interactive image advertisement, for example.
For purposes of Claim 64, the Mobile Application downloads the data of a first
data type, such as the video game data. Next, the Mobile Application downloads the advertising
data of the second data type, which includes the interactive image advertisement data. The
Mobile Application generates first and second commands for presenting the first and second data
types. Next, the first and second data types are presented by the Mobile Application to the end
user. More specifically, the Mobile Application presents the first data type of the video game
data. Subsequently, the Mobile Application presents the second data type of the interactive
image advertisement data when the end user finishes playing the video game. That is, the second
data type is presented automatically based the presentation of the data of the first data type.
To the extent such notice may be required, Defendant received actual notice of its
infringement of the '736 Patent at least as early as the filing of the original complaint in this
action, pursuant to 35 U.S.C. § 287(a).
Defendant's aforesaid activities have been, intentional, without authority and/or
license from Plaintiff.
Plaintiff is entitled to recover from the Defendant the damages sustained by
Plaintiff as a result of the Defendant's wrongful acts in an amount subject to proof at trial, which,
by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this
Court under 35 U.S.C. § 284.
Defendant's infringement of Plaintiff's exclusive rights under the '736 Patent will
continue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at
law, unless enjoined by this Court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Mobile Transformation LLC respectfully requests that this
Court enter judgment against Defendant Pocket Gems, Inc. as follows:
An adjudication that Defendant has infringed the '736 Patent;
An award of damages to be paid by Defendant adequate to compensate Plaintiff
for its past infringement and any continuing or future infringement up until the
date such judgment is entered, including interest, costs, and disbursements as
justified under 35 U.S.C. § 284 and, if necessary to adequately compensate
Plaintiff for Defendant's infringement, an accounting of all infringing sales
including, but not limited to, those sales not presented at trial;
A declaration that this case is exceptional under 35 U.S.C. § 285;
An award to Plaintiff of its attorney fees, costs, and expenses incurred in
prosecuting this action; and
An award to Plaintiff of such further relief at law or in equity as the Court deems
just and proper.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury on all claims and issues so triable.
Dated: October 26, 2012
STAMOULIS & WEINBLATT LLC
/s/ Stamatios Stamoulis
Stamatios Stamoulis #4606
Richard C. Weinblatt #5080
Two Fox Point Centre
6 Denny Road, Suite 307
Wilmington, DE 19809
Telephone: (302) 999-1540
Counsel for Plaintiff
Mobile Transformation LLC
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