Aloft Media, LLC v. Yahoo! Inc. et al

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COMPLAINT against Yahoo! Inc., Google, Inc., AOL LLC ( Filing fee $ 350 receipt number 05400000000001817670.), filed by Aloft Media, LLC. (Attachments: # 1 Civil Cover Sheet)(Albritton, Eric)

Aloft Media, LLC v. Yahoo! Inc. et al

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, v. YAHOO!, INC., GOOGLE, INC., and AOL LLC, Defendants. COMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement in which Plaintiff Aloft Media, LLC ("Aloft Media") complains against Yahoo!, Inc. ("Yahoo!"), Google, Inc. ("Google"), and AOL LLC ("AOL") (collectively "Defendants") as follows: PARTIES 1. Plaintiff Aloft Media is a Texas limited liability company with its principal place § § § § Civil Action No. 6:08-cv-509 § § JURY TRIAL DEMANDED § § §

of business at 211 W. Tyler Street, Suite C-1, Longview, Texas 75601. 2. Upon information and belief, Yahoo!, Inc. is a Delaware corporation with its

principal place of business at 701 First Avenue, Sunnyvale, California 94089. Yahoo! may be served with process through its Registered Agent, CT Corporation Systems, 350 North St. Paul Street, Dallas, Texas 75201. 3. Upon information and belief, Google, Inc. is a Delaware corporation with its

principal place of business at 1600 Amphitheater Parkway, Mountain View, California 94043. Google may be served with process through its Registered Agent, Corporations Service Company, d/b/a CSC-Lawyers Incorporating Service Company, 701 Brazos Street, Suite 1050, Austin, TX 78701.

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Upon information and belief, AOL LLC is a Delaware limited liability company

with its principal place of business at 22000 AOL Way, Dulles, Virginia 20166. AOL LLC may be served with process through its Registered Agent, Corporation Service Company, 701 Brazos Street, Suite 1050, Austin, Texas 78701. JURISDICTION AND VENUE 5. 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). 6. Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b). On

information and belief, each Defendant has transacted business in this district and has committed and/or induced acts of patent infringement in this district. 7. On information and belief, Defendants are subject to this Court's specific and

general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, 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. PATENT INFRINGEMENT 8. Aloft Media is the owner by assignment of United States Patent No. 7,472,351

("the `351 patent") entitled "Mobile E-Mail Manager Interface with Integrated Instant Messaging and Phone Call Initiator Feature." The `351 patent issued on December 30, 2008. 9. On information and belief, Yahoo! has been and now is directly infringing, and/or

inducing infringement by others, and/or contributing to the infringement by others of the `351

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patent in the State of Texas, in this judicial district, and elsewhere in the United States. Yahoo!'s infringements include, among other things, making, using, offering for sale, and/or selling computer software products, including without limitation Yahoo Messenger. Yahoo! is thus liable for infringement of the `351 patent pursuant to 35 U.S.C. § 271. 10. On information and belief, Google has been and now is directly infringing, and/or

inducing infringement by others, and/or contributing to the infringement by others of the `351 patent in the State of Texas, in this judicial district, and elsewhere in the United States. Google's infringements include, among other things, making, using, offering for sale, and/or selling computer software products, including without limitation Google Talk. Google is thus liable for infringement of the `351 patent pursuant to 35 U.S.C. § 271. 11. On information and belief, AOL has been and now is directly infringing, and/or

inducing infringement by others, and/or contributing to the infringement by others of the `351 patent in the State of Texas, in this judicial district, and elsewhere in the United States. AOL's infringements include, among other things, making, using, offering for sale, and/or selling computer software products, including without limitation AOL AIM. AOL is thus liable for infringement of the `351 patent pursuant to 35 U.S.C. § 271. 12. On information and belief, to the extent any marking was required by 35 U.S.C. §

287, such requirements have been complied with. 13. As a result of the Defendants' infringement of the `351 patent, Aloft Media has

suffered monetary damages that are compensable under 35 U.S.C. § 284 adequate to compensate it for the infringement, but in no event less than a reasonable royalty.

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PRAYER FOR RELIEF WHEREFORE, Aloft Media requests that this Court enter: A. A judgment in favor of Aloft Media that Yahoo!, Google and AOL have directly,

and/or by way of inducing infringement by others, and/or contributing to the infringement by others of the `351 patent; B. A judgment and order requiring Yahoo!, Google and AOL to pay Aloft Media its

damages, costs, expenses, and prejudgment and post-judgment interest for their infringement of the `351 patent as provided under 35 U.S.C. § 284; and C. Any and all other relief for which the Court may deem Aloft Media entitled. DEMAND FOR JURY TRIAL Aloft Media, LLC, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right. Dated: December 30, 2008 Respectfully submitted,

________________________ Eric M. Albritton Texas Bar No. 00790215 Craig Tadlock Texas Bar No. 00791766 Adam A. Biggs Texas Bar No. 24051753 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail]

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T. John Ward, Jr. Texas Bar No. 00794818 WARD & SMITH LAW FIRM P.O. Box 1231 Longview, TX 75606-1231 Telephone: [phone] Facsimile: [phone] [e-mail] Danny L. Williams Texas State Bar No. 21518050 Matthew R. Rodgers Texas Bar No. 24041802 WILLIAMS, MORGAN & AMERSON, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott E. Stevens State Bar No. 00792024 Kyle J. Nelson State Bar No. 24056031 STEVNS LAW FIRM P.O. Box 807 Longview, Texas 75606 Tel: [phone] Fax: [phone] [e-mail] [e-mail] ATTORNEYS FOR PLAINTIFF ALOFT MEDIA, LLC

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