TQP Development, LLC v. Twitter, Inc.
Filing
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COMPLAINT against Twitter, Inc. ( Filing fee $ 350 receipt number 0540-3745877.), filed by TQP Development, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet Attachment)(Fenster, Marc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
TQP DEVELOPMENT, LLC,
Plaintiff,
Civil Action No. 2:12-cv-503
v.
JURY TRIAL DEMANDED
TWITTER, INC.,
Defendant,
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which TQP Development, LLC
(“TQP”) makes the following allegations against Twitter, Inc. (“Defendant”):
PARTIES
1.
Plaintiff TQP Development, LLC is a Texas limited liability company
having a principal place of business of 179 W. Front Street, Suite 244, Tyler, Texas
75702.
2.
On information and belief, Defendant Twitter, Inc. (“Twitter”) is a
Delaware corporation with its principal place of business at 795 Folsom Street, Suite 600,
San Francisco, California 94107. Twitter may be served through its agent for service of
process Alexander MacGillivray at 795 Folsom Street, Suite 600, San Francisco,
California 94107.
JURISDICATION AND VENUE
3.
This action arises under the patent laws of the United States, Title 35 of
the United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C.
§§ 1331 and 1338(a).
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4.
Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b).
On information and belief, Defendant has transacted business in this district, and has
committed acts of patent infringement in this district.
5.
On information and belief, Defendant is subject to this Court’s specific
and general personal jurisdiction pursuant to due process and/or the Texas Long Arm
Statue, due at least to their substantial business in this forum, including: (i) at least a
portion of the infringements alleged herein; and (ii) regularly doing or soliciting business,
engaging in other persistent courses of conduct, and/or deriving substantial revenue from
goods and services provided to individuals in Texas and in this Judicial District.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 5,412,730
6.
Plaintiff is the owner by assignment of United States Patent No. 5,412,730
(“the ‘730 Patent”) entitled “Encrypted Data Transmission System Employing Means for
Randomly Altering the Encryption Keys.” The ‘730 Patent issued on May 2, 1995. A true
and correct copy of the ‘730 Patent is attached as Exhibit A.
7.
Upon information and belief, Twitter has been and now is infringing the
‘730 Patent in the State of Texas, in this judicial district, and elsewhere in the United
States, by, among other things, methods practiced on various Twitter websites (including,
without limitation to, twitter.com and related internal systems supporting the operation of
said websites) for transmitting data comprising a sequence of blocks in encrypted form
over a communication link covered by one or more claims of the ’730 Patent to the injury
of TQP, such as using the RC4 encryption algorithm in combination with either the
Secure Sockets Layer or Transport Layer Security encryption protocol.
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Twitter’s
infringement includes all websites and internal systems operated by or for Twitter that
transmit data comprising a sequence of blocks in encrypted form as described by one or
more claims of the ‘730 Patent. For example, when Twitter and/or Twitter’s customers
connect to Twitter’s website, a communication link is established between host servers
and the client computer. Data transmitted over this communication link comprises a
sequence of blocks, and is transmitted as packets in a sequence over the communication
link. Certain data transmissions (both from the client computer to the host server, and
from the host server to the client computer) are encrypted according to the claimed
method. In order to communicate with encrypted portions of Twitter’s website, client
computers must agree to an encryption algorithm or protocol. Once that protocol is
established by the host server, the client computer automatically implements the
encryption algorithm under the direction of the host server. Twitter provides, or directs
the client computer to provide, a seed value for both the transmitter and receiver in a
symmetric encryption algorithm, and uses the same key to encrypt and decrypt data.
Twitter generates, or directs the client computer to generate, a first sequence of pseudorandom key values, such as alpha and/or numerical values used to encrypt data, based on
said seed value at the transmitter (whichever of the host server or client computer is
sending the encrypted information), each new key value in said sequence being produced
at a time dependent upon a predetermined characteristic of the data being transmitted
over said link. Twitter encrypts data for transmission from the host server to the client. In
addition, Twitter directs the client computer to encrypt data comprising information sent
from the client to the host server before it is transmitted over the link. Twitter generates,
or directs the client computer to generate, a second sequence of pseudo-random key
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values, such as alpha and/or numerical values used to encrypt data, based on said seed
value at said transmitter, each new key value in said sequence being produced at a time
dependent upon a predetermined characteristic of the data being transmitted over said
link such that said first and second sequences are identical to one another, as is used in a
symmetric algorithm, a new one of said key values in said first and second sequences
being produced each time a predetermined number of said blocks are transmitted over
said link. Twitter decrypts data sent from the client in order to use the data, and directs
the client computer to decrypt data transmitted from the host server in order to provide a
useable display to, for example, a user of the client computer. By virtue of performing
each step of the claimed method, Twitter is directly infringing the ‘730 Patent. In
addition, by virtue of performing some steps and directing and/or controlling others to
perform the remaining steps, Twitter is directly infringing, literally infringing, and/or
infringing the ‘730 Patent under the doctrine of equivalents. Twitter is thus liable for
infringement of the ’730 Patent pursuant to 35 U.S.C. § 271.
8.
On information and belief, to the extent any marking was required by 35
U.S.C. §287, all predecessors in interest to the ‘730 Patent complied with any such
requirements.
9.
To the extent that facts learned in discovery show that Defendant’s
infringement of the ‘730 Patent is, or has been willful, Plaintiff reserves the right to
request such a finding at the time of trial.
10.
As a result of these Defendant’s infringement of the ‘730 Patent, Plaintiff
has suffered monetary damages and is entitled to a money judgment in an amount
adequate to compensate for Defendant’s infringement, but in no event less than a
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reasonable royalty for the use made of the invention by Defendant, together with interest
and costs as fixed by the court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter:
1.
A judgment in favor of Plaintiff that Defendant has direct and/or jointly
infringed the ‘730 Patent;
2.
A judgment and order requiring Defendant pay Plaintiff its damages,
costs, expenses, and prejudgment and post-judgment interest for Defendant’s
infringement of the ‘730 Patent as provided under 35 U.S.C. § 284;
3.
A judgment and order finding that this is an exceptional case within the
meaning of 35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees; and
4.
Any and all other relief, at law or equity, to which Plaintiff may show
itself to be entitled.
DEMAND FOR JURY TRIAL
TQP, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by
jury of any issues so triable by right.
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Dated: August 23, 2012
Respectfully submitted,
TQP DEVELOPMENT, LLC
By: /s/ Marc A. Fenster
Marc A. Fenster, CA SB No. 181067
Email: mfenster@raklaw.com
Kevin P. Burke, CA SB No. 241972
Email: kburke@raklaw.com
Adam S. Hoffman, CA SB No. 218740
Email: ahoffman@raklaw.com
Alexander C.D. Giza, CA SB No. 212327
Email: agiza@raklaw.com
Russ August & Kabat
12424 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90025
Tel: (310) 826-7474
Fax: (310) 826-6991
Hao Ni, TX Bar No. 24047205
Email: hni@nilawfirm.com
Ni Law Firm, PLLC
3102 Maple Ave. Suite 400
Dallas, TX 75201
Tel: (214) 800-2208
Fax: (214) 800-2209
Andrew W. Spangler, State Bar No. 24041960
Email: spangler@sfipfirm.com
Spangler & Fussell P.C.
208 N. Green St., Suite 300
Longview, TX 75601
Telephone: (903) 753-9300
Facsimile: (903) 553-0403
James A. Fussell, III, State Bar No. 2003193
Email: fussell@sfipfirm.com
Spangler & Fussell P.C.
211 N. Union Street, Suite 100
Alexandria, VA 22314
Telephone: (903) 753-9300
Facsimile: (903) 553-0403
Attorneys for Plaintiff
TQP DEVELOPMENT, LLC
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