Mobile-Plan-It LLC v. Facebook Inc.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Facebook Inc.. Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1454554.) - filed by Mobile-Plan-It LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(mdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MOBILE-PLAN-IT, LLC,
Plaintiff,
v.
FACEBOOK, INC.,
Defendant.

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C.A. No. __________
JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Mobile-Plan-It, LLC (“Mobile-Plan-It”) hereby brings this action against
Facebook, Inc. (“Facebook”) for infringement of United States Patent No. 8,312,091 (“the ’091
patent”) and alleges as follows:
NATURE OF THE ACTION AND PARTIES
1.

This is an action for patent infringement arising under the patent laws of the

United States.
2.

Mobile-Plan-It is a limited liability company organized and existing under the

laws of the State of California.
3.

Facebook is a corporation organized and existing under the laws of the State of

Delaware. Facebook can be served via its registered agent, Corporation Service Company, 2711
Centerville Road, Suite 400, Wilmington, Delaware 19808.
JURISDICTION
4.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

§§ 1331 and 1338(a), as this is an action arising under the Patent Act, 35 U.S.C. § 1 et seq.

VENUE
5.

Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and 1400(b).
FACTUAL BACKGROUND

6.

The ’091 patent is entitled “Methods and Systems for Organizing Meetings.”

A copy of the ’091 patent is attached hereto as Exhibit A.
7.

The invention of the ’091 patent generally relates to methods and systems for

organizing a meeting using software to create a meeting, invite attendees to the meeting, and
store meeting information on the organizer’s computer system. In addition, the meeting software
includes a personal proxy mailbox for each attendee that enables the attendees to send messages
to, and receive messages from, one another without disclosing their primary email addresses to
one another. The methods and systems disclosed in the ’091 patent also relate to employing the
meeting organization software on the attendees wireless devices.
8.

The application that resulted in the issuance of the ’091 patent was filed on

July 15, 2011, and claims priority to an application filed on May 23, 2001. The United States
Patent and Trademark Office duly and legally issued the ’091 patent on November 13, 2012.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 8,312,091
9.

Mobile-Plan-It realleges and incorporates by reference the allegations of

paragraphs 1-8.
10.

Mobile-Plan-It owns all right, title, and interest in the ’091 patent, including the

right to recover damages for infringement throughout the period of the infringement complained
of herein.

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11.

Facebook has infringed the ’091 patent by using Facebook Events, a method and

system for organizing meetings that directly infringes at least Claims 1-8 and 11-13 of the ’091
patent either literally or under the doctrine of equivalents.
JURY DEMAND
Mobile-Plan-It requests a trial by jury for all issues so triable.
PRAYER FOR RELIEF
Mobile-Plan-It prays for relief as follows:
1.

Compensatory damages in an amount according to proof, and in no event less

than a reasonable royalty;
2.

Prejudgment interest on the compensatory damages awarded to Mobile-Plan-It;

3.

Post-judgment interest on all sums awarded to Mobile-Plan-It from the date of

judgment;
4.

A preliminary and permanent injunction forbidding Facebook and its officers,

agents, servants, employees, and attorneys, and all those in active concert or participation with
them, from further infringing the ’091 patent;
5.

Costs of suit incurred herein; and

6.

Any and all other relief that the Court deems just and equitable.

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Dated: February 4, 2014

BAYARD, P.A.

OF COUNSEL:

Stephen B. Brauerman
Richard D. Kirk (rk0922)
Stephen B. Brauerman (sb4952)
Vanessa R. Tiradentes (vt5398)
Sara E. Bussiere (sb5725)
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 19899-5130
[phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Robert E. Freitas
Daniel J. Weinberg
QuynhChi P. Nguyen
FREITAS TSENG & KAUFMAN LLP
100 Marine Parkway, Suite 200
Redwood Shores, CA 94065
[phone]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff Mobile-Plan-It

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