Unified Messaging Solutions, LLC v. Groupon, Inc.
Filing
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COMPLAINT against Groupon, Inc. filed by Unified Messaging Solutions, LLC; Jury Demand. Filing fee $ 350, receipt number 0752-6896971. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Simon, Anthony)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
UNIFIED MESSAGING SOLUTIONS, LLC,
Plaintiff,
Case No. 1:12-cv-1488
v.
PATENT CASE
GROUPON, INC.,
Defendant.
JURY TRIAL DEMANDED
COMPLAINT
Unified Messaging Solutions, LLC (“Unified Messaging”) files this Complaint against
Groupon, Inc. (“Defendant”) for infringement of United States Patent Nos. 6,857,074
(hereinafter “the ‘074 patent”), 7,836,141 (hereinafter “the ‘141 patent”), 7,895,306 (hereinafter
“the ‘306 patent”), 7,895,313 (hereinafter “the ‘313 patent”) and 7,934,148 (hereinafter “the ‘148
patent”).
THE PARTIES
1.
Unified Messaging is a limited liability company organized and existing under the
laws of the State of Texas with its principal place of business in Frisco, Texas.
2.
Defendant Groupon, Inc. is a Delaware corporation with a principal place of
business at 600 W. Chicago Ave, Suite 620, Chicago, IL 60654. This Court has personal
jurisdiction over Defendant because Defendant has committed, and continues to commit, acts of
infringement in the state of Illinois, has conducted business in the state of Illinois, and/or has
engaged in continuous and systematic activities in the state of Illinois.
JURISDICTION AND VENUE
3.
This is an action for patent infringement under Title 35 of the United States Code.
Unified Messaging is seeking injunctive relief as well as damages.
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4.
Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal
Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising
under the United States’ patent statutes, 35 U.S.C. § 101 et seq.
5.
Venue is proper under 28 U.S.C. §§ 1391(c) and 1400(b) because Defendant has
committed acts of infringement in this district and/or is deemed to reside in this district.
6.
This Court has personal jurisdiction over Defendant and venue is proper in this
district because Defendant has committed, and continues to commit, acts of infringement in the
State of Illinois, including in this district and/or has engaged in continuous and systematic
activities in the State Illinois, including in this district.
COUNT I
(INFRINGEMENT OF U.S. PATENT NO. 6,857,074)
7.
Unified Messaging incorporates paragraphs 1 through 6 herein by reference.
8.
This cause of action arises under the patent laws of the United States, and in
particular, 35 U.S.C. §§ 271, et seq.
9.
Unified Messaging is the exclusive licensee of the ‘074 patent, entitled “Systems
and Methods for Storing, Delivering, and Managing Messages,” with ownership of all substantial
rights in the ‘074 patent, including the right to exclude others and to enforce, sue and recover
damages for past and future infringement. A true and correct copy of the ‘074 patent is attached
as Exhibit A.
10.
The ‘074 patent is valid, enforceable and was duly issued in full compliance with
Title 35 of the United States Code.
11.
Defendant has directly infringed and continues to directly infringe one or more
claims of the ‘074 patent in this judicial district and elsewhere in Illinois and the United States,
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including at least claim 1, without the consent or authorization of Unified Messaging, by or
through their making, having made, offer for sale, sale, and/or use of the patented systems and
methods for storing, delivering, and managing messages through operation of their respective
web-based communications service(s), including web-message services, accessible via their
respective website(s) and/or their respective messaging/mail/web server(s).
12.
Unified Messaging has been damaged as a result of Defendant’s infringing
conduct described in this Count. Defendant is, thus, liable to Unified Messaging in an amount
that adequately compensates it for their infringement, 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.
COUNT II
(INFRINGEMENT OF U.S. PATENT NO. 7,836,141)
13.
Unified Messaging incorporates paragraphs 1 through 12 herein by reference.
14.
This cause of action arises under the patent laws of the United States, and in
particular, 35 U.S.C. §§ 271, et seq.
15.
Unified Messaging is the exclusive licensee of the ‘141 patent, entitled “Systems
and Methods for Storing, Delivering, and Managing Messages,” with ownership of all substantial
rights in the ‘141 patent, including the right to exclude others and to enforce, sue and recover
damages for past and future infringement. A true and correct copy of the ‘141 patent is attached
as Exhibit B.
16.
The ‘141 patent is valid, enforceable and was duly issued in full compliance with
Title 35 of the United States Code.
17.
Defendant has directly infringed and continues to directly infringe one or more
claims of the ‘141 patent in this judicial district and elsewhere in Illinois and the United States,
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including at least claim 1, without the consent or authorization of Unified Messaging, by or
through their making, having made, offer for sale, sale, and/or use of the patented systems and
methods for storing, delivering, and managing messages through operation of their respective
web-based communications service(s), including web-message services, accessible via their
respective website(s) and/or their respective messaging/mail/web server(s).
18.
Unified Messaging has been damaged as a result of Defendant’s infringing
conduct described in this Count. Defendant is, thus, liable to Unified Messaging in an amount
that adequately compensates it for their infringement, 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.
COUNT III
(INFRINGEMENT OF U.S. PATENT NO. 7,895,306)
19.
Unified Messaging incorporates paragraphs 1 through 18 herein by reference.
20.
This cause of action arises under the patent laws of the United States, and in
particular, 35 U.S.C. §§ 271, et seq.
21.
Unified Messaging is the exclusive licensee of the ‘306 patent, entitled “Systems
and Methods for Storing, Delivering, and Managing Messages,” with ownership of all substantial
rights in the ‘306 patent, including the right to exclude others and to enforce, sue and recover
damages for past and future infringement. A true and correct copy of the ‘306 patent is attached
as Exhibit C.
22.
The ‘306 patent is valid, enforceable and was duly issued in full compliance with
Title 35 of the United States Code.
23.
Defendant has directly infringed and continues to directly infringe one or more
claims of the ‘306 patent in this judicial district and elsewhere in Illinois and the United States,
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including at least claim 1, without the consent or authorization of Unified Messaging, by or
through their making, having made, offer for sale, sale, and/or use of the patented systems and
methods for storing, delivering, and managing messages through operation of their respective
web-based communications service(s), including web-message services, accessible via their
respective website(s) and/or their respective messaging/mail/web server(s).
24.
Unified Messaging has been damaged as a result of Defendant’s infringing
conduct described in this Count. Defendant is, thus, liable to Unified Messaging in an amount
that adequately compensates it for their infringement, 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.
COUNT IV
(INFRINGEMENT OF U.S. PATENT NO. 7,895,313)
25.
Unified Messaging incorporates paragraphs 1 through 24 herein by reference.
26.
This cause of action arises under the patent laws of the United States, and in
particular, 35 U.S.C. §§ 271, et seq.
27.
Unified Messaging is the exclusive licensee of the ‘313 patent, entitled “Systems
and Methods for Storing, Delivering, and Managing Messages,” with ownership of all substantial
rights in the ‘313 patent, including the right to exclude others and to enforce, sue and recover
damages for past and future infringement. A true and correct copy of the ‘313 patent is attached
as Exhibit D.
28.
The ‘313 patent is valid, enforceable and was duly issued in full compliance with
Title 35 of the United States Code.
29.
Defendant has directly infringed and continues to directly infringe one or more
claims of the ‘313 patent in this judicial district and elsewhere in Illinois and the United States,
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including at least claim 1, without the consent or authorization of Unified Messaging, by or
through their making, having made, offer for sale, sale, and/or use of the patented systems and
methods for storing, delivering, and managing messages through operation of their respective
web-based communications service(s), including web-message services, accessible via their
respective website(s) and/or their respective messaging/mail/web server(s).
30.
Unified Messaging has been damaged as a result of Defendant’s infringing
conduct described in this Count. Defendant is, thus, liable to Unified Messaging in an amount
that adequately compensates it for their infringement, 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.
COUNT V
(INFRINGEMENT OF U.S. PATENT NO. 7,934,148)
31.
Unified Messaging incorporates paragraphs 1 through 30 herein by reference.
32.
This cause of action arises under the patent laws of the United States, and in
particular, 35 U.S.C. §§ 271, et seq.
33.
Unified Messaging is the exclusive licensee of the ‘148 patent, entitled “Systems
and Methods for Storing, Delivering, and Managing Messages,” with ownership of all substantial
rights in the ‘148 patent, including the right to exclude others and to enforce, sue and recover
damages for past and future infringement. A true and correct copy of the ‘148 patent is attached
as Exhibit E.
34.
The ‘148 patent is valid, enforceable and was duly issued in full compliance with
Title 35 of the United States Code.
35.
Defendant has directly infringed and continues to directly infringe one or more
claims of the ‘148 patent in this judicial district and elsewhere in Illinois and the United States,
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including at least claim 1, without the consent or authorization of Unified Messaging, by or
through their making, having made, offer for sale, sale, and/or use of the patented systems and
methods for storing, delivering, and managing messages through operation of their respective
web-based communications service(s), including web-message services, accessible via their
respective website(s) and/or their respective messaging/mail/web server(s).
36.
Unified Messaging has been damaged as a result of Defendant’s infringing
conduct described in this Count. Defendant is, thus, liable to Unified Messaging in an amount
that adequately compensates it for their infringement, 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.
ADDITIONAL ALLEGATIONS AGAINST DEFENDANT
37.
Unified Messaging incorporates paragraphs 1 through 36 herein by reference.
38.
Defendant has committed direct infringement as alleged in Counts I through V at
least through operation of its "My Groupons" feature accessible at least through its website,
www.groupon.com.
39.
Defendant’s actions complained of herein will continue unless Defendant is
enjoined by this Court.
40.
On information and belief, Defendant’s infringement of the ‘074, ‘141, ‘306, ‘313
and ‘148 patents, since at least the service of this action, has been and continues to be willful.
Defendant has had notice of the ‘074, ‘141, ‘306, ‘313 and ‘148 patents since at least the service
of this complaint and, on information and belief, Defendant has continued to infringe the ‘074,
‘141, ‘306, ‘313 and ‘148 patents despite an objectively high likelihood that their actions
constitute infringement of the ‘074, ‘141, ‘306, ‘313 and ‘148 patents and a subject knowledge or
obviousness of such risk.
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41.
This case is exceptional pursuant to the provisions of 35 U.S.C. § 285.
JURY DEMAND
Unified Messaging hereby requests a trial by jury pursuant to Rule 38 of the Federal
Rules of Civil Procedure.
PRAYER FOR RELIEF
Unified Messaging requests that this Court find in its favor and against Defendant, and
that this Court grant Unified Messaging the following relief:
a.
Enter judgment for Unified Messaging on this Complaint;
b.
Enter judgment that one or more claims of the ‘074, ‘141, ‘306, ‘313 and ‘148
patents have been infringed, either directly or indirectly by Defendant;
c.
Enter judgment that Defendant accounts for and pays to Unified Messaging all
damages to and costs incurred by Unified Messaging because of Defendant’s
infringing activities and other conduct complained of herein;
d.
Award Unified Messaging damages resulting from Defendant’s infringement in
accordance with 35 U.S.C. § 284;
e.
Enter a permanent injunction enjoining Defendant and their offices, directors,
agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents,
and all others acting in active concert or participation with them, from infringing
or inducing infringement of each Asserted Patent, or, in the alternative, judgment
that Defendant accounts for and pays to Unified Messaging a reasonable royalty
and an ongoing post judgment royalty because of Defendant’s past, present and
future infringing activities and other conduct complained of herein;
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f.
That Unified Messaging be granted pre-judgment and post-judgment interest on
the damages caused by Defendant’s infringing activities and other conduct
complained of herein;
g.
Judgment that Defendant’s infringement was willful;
h.
Treble the damages in accordance with the provisions of 35 U.S.C. § 284;
i.
Find the case to be exceptional under the provisions of 35 U.S.C. § 285;
j.
That Unified Messaging be granted such other and further relief as the Court may
deem just and proper under the circumstances.
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DATED: March 1, 2012
Respectfully submitted,
THE SIMON LAW FIRM, P.C.
/s/ Anthony G. Simon
Anthony G. Simon
Michael P. Kella
800 Market Street, Suite 1700
St. Louis, Missouri 63101
P. 314.241.2929
F. 314.241.2029
asimon@simonlawpc.com
mkella@simonlawpc.com
ATTORNEYS FOR PLAINTIFF
UNIFIED MESSAGING
SOLUTIONS, LLC
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