Purple Leaf, LLC v. Google, Inc.
Filing
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COMPLAINT for Patent Infringement against Google, Inc. ( Filing fee $ 350 receipt number 0540-3120646.), filed by Purple Leaf, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Navarro, Arthur)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
PURPLE LEAF, LLC,
CIVIL ACTION NO.
Plaintiff,
JURY TRIAL DEMANDED
v.
GOOGLE, INC.,
Defendants.
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Purple Leaf, LLC (together “Purple Leaf” or “Plaintiff”), as and for its Complaint
against Google, Inc. (“Defendant” or “Google, Inc.”), demand a trial by jury and allege as
follows:
PARTIES
1.
Plaintiff Purple Leaf, LLC is a Texas limited liability company having a place of
business at 2500 Dallas Parkway, Suite 260, Plano, Texas 75093.
2.
On information and belief, Defendant Google, Inc. is a corporation organized and
existing under the laws of the State of Delaware with its principal place of business at 1600
Amphitheatre Parkway, Mountain View, CA, 94043. This defendant is registered to do business
in Texas and has appointed Corporation Service Company d/b/a CSC Lawyers Incorporating
Service Company, 211 East 7th Street, Suite 620, Austin, TX 78701 as its agent for service of
process. Google, Inc. regularly conducts and transacts business in Texas, throughout the United
States, and within the Eastern District of Texas, itself and/or through one or more subsidiaries,
affiliates, business divisions, or business units.
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JURISDICTION AND VENUE
3.
This action arises under the Patent Laws of the United States, namely, 35 U.S.C.
§§ 1 et seq. This Court has exclusive subject matter jurisdiction over this action pursuant to 28
U.S.C. §§ 1331 and 1338(a).
4.
Venue is proper in this district under 28 U.S.C. §§ 1391(b)(2) and (c) and/or
1400(b). On information and belief, Defendant has transacted business in this district, and has
committed acts of patent infringement in this district, including via its website.
5.
On information and belief, Defendant is subject to this Court’s general and
specific personal jurisdiction because: Defendant has minimum contacts within the State of
Texas and the Eastern District of Texas, including via its website, pursuant to due process and/or
the Texas Long Arm Statute, Defendant has purposefully availed itself of the privileges of
conducting business in the State of Texas and in the Eastern District of Texas; Defendant
regularly conducts and solicits business within the State of Texas and within the Eastern District
of Texas; and Purple Leaf, LLC’s causes of action arise directly from Defendant’s business
contacts and other activities in the State of Texas and in the Eastern District of Texas.
6.
More specifically, Defendant, directly and/or through intermediaries, ships,
distributes, offers for sale, sells, and/or advertises (including the provision of interactive web
pages) its products and services in the United States, the State of Texas, and the Eastern District
of Texas. On information and belief, Defendant has committed patent infringement in the State
of Texas and in the Eastern District of Texas. Defendant solicits customers in the State of Texas
and in the Eastern District of Texas. Defendant has customers who are residents of the State of
Texas and the Eastern District of Texas and who each use respective Defendant’s products and
services in the State of Texas and in the Eastern District of Texas.
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COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,603,311 B1
7.
Purple Leaf, LLC is the owner of all rights, title and interest to United States
Patent No. 7,603,311 B1 (“the ‘311 Patent”) entitled “Process and Device for Conducting
Electronic Transactions.” The ‘311 Patent was issued on October 13, 2009 after a full and fair
examination by the United States Patent and Trademark Office. The application leading to the
’311 Patent was filed on November 25, 2000 and benefits from a priority date of November 29,
1999. A true and correct copy of the ‘311 Patent is attached hereto as Exhibit A.
8.
The ‘311 Patent generally relates to methods and devices for conducting a
transaction using a medium based on a receipt having payment remittance information.
9.
On information and belief, Google, Inc. has been and now is infringing the ‘311
Patent in the State of Texas, in this judicial district, and elsewhere in the United States by
making, using, importing, selling or offering to sell services and products that practice methods
and utilize devices for conducting a transaction using a medium based on a receipt having
payment remittance information. On information and belief, Google, Inc. services that practice
such methods and products that employ such devices include, but are not limited to “Google
Checkout”, a service which allows a transaction to be conducted using a medium based on a
receipt having payment remittance information.
Defendant Google, Inc. is thus liable for
infringement of the ‘311 Patent pursuant to 35 U.S.C. § 271.
10.
To the extent that facts learned in discovery show that Defendant’s infringement
of the ‘311 Patent is or has been willful, Purple Leaf reserves the right to request such a finding
at time of trial.
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11.
As a result of Defendant’s infringement of the ‘311 Patent, Purple Leaf has
suffered monetary damages in an amount not yet determined, and will continue to suffer
damages in the future unless Defendant’s infringing activities are enjoined by this Court.
12.
Unless a permanent injunction is issued enjoining the Defendant and its agents,
servants, employees, representatives, affiliates, and all others acting on in active concert
therewith from infringing the ‘311 Patent, Purple Leaf will be greatly and irreparably harmed.
PRAYER FOR RELIEF
WHEREFORE, Purple Leaf respectfully requests that this Court enter:
A.
A judgment in favor of Purple Leaf that Defendant has infringed the ‘311 Patent,
and that such infringement was willful;
B.
A permanent injunction enjoining Defendant and its officers, directors, agents,
servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
active concert therewith from infringing the ‘311 Patent;
C.
A judgment and order requiring Defendant to pay Purple Leaf its damages, costs,
expenses, and prejudgment and post-judgment interest for Defendant’s infringement of the ‘311
Patent as provided under 35 U.S.C. § 284;
D.
An award to Purple Leaf for enhanced damages resulting from the knowing,
deliberate, and willful nature of Defendant’s prohibited conduct with notice being made at least
as early as the date of the filing of this Complaint, as provided under 35 U.S.C. § 284;
E.
A judgment and order finding that this is an exceptional case within the meaning
of 35 U.S.C. § 285 and awarding to Purple Leaf its reasonable attorneys’ fees; and
F.
Any and all other relief to which Purple Leaf may show itself to be entitled.
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DEMAND FOR JURY TRIAL
Purple Leaf, LLC under Rule 38 of the Federal Rules of Civil Procedure, requests a trial
by jury of any issues so triable by right.
Dated: July 12, 2011
Respectfully submitted,
PURPLE LEAF, LLC
/s/ Arthur I. Navarro
Arthur I. Navarro, Attorney in Charge
State Bar No. 00792013
Winston O. Huff
State Bar No. 24068745
Navarro Huff, PLLC
302 N. Market, Suite 450
Dallas, TX 75202
214.749.1220 (Firm)
214.749.1233 (Fax)
anavarro@navarrohuff.com
ATTORNEYS FOR PLAINTIFF
PURPLE LEAF, LLC
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CERTIFICATE OF FILING
I hereby certify that on July 12, 2011, I electronically filed the foregoing document with the
Clerk of the Court using the CM/ECF system.
Dated: July 12, 2011
Respectfully submitted,
/s/ Arthur I. Navarro
Arthur I. Navarro, Attorney in Charge
State Bar No. 00792013
Winston O. Huff
State Bar No. 24068745
Navarro Huff, PLLC
302 N. Market, Suite 450
Dallas, TX 75202
214.749.1220 (Firm)
214.749.1233 (Fax)
anavarro@navarrohuff.com
ATTORNEYS FOR PLAINTIFF
PURPLE LEAF, LLC
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