Purple Leaf, LLC v. Amazon.Com, Inc., et al

Filing 1

COMPLAINT For Patent Infringement against Amazon Payments, Inc., Amazon.Com, Inc., ( Filing fee $ 350 receipt number 0540-3140026.), filed by Purple Leaf, LLC. (Attachments: # 1 Exhibit A ('311 Patent), # 2 Civil Cover Sheet)(Huff, Winston)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
PURPLE LEAF, LLC,
CIVIL ACTION NO.
Plaintiff,
v.

JURY TRIAL DEMANDED

AMAZON.COM, INC. and AMAZON
PAYMENTS, INC.,
Defendants.
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Purple Leaf, LLC (together “Purple Leaf” or “Plaintiff”), as and for its Complaint
against Amazon.com, Inc. and Amazon Payments, Inc. (collectively “Defendants”), 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 Amazon.com, Inc. is a corporation

organized and existing under the laws of the State of Delaware with its principal place of
business at 1200 12th Ave. South, Suite 1200, Seattle, WA 98144. This defendant is registered to
do business in Texas and has appointed Corporation Service Company, 1013 Centre Road,
Wilmington, DE 19805, as its agent for service of process. Amazon.com, 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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3.

On information and belief, Defendant Amazon Payments, Inc. is a corporation

organized and existing under the laws of the State of Delaware with its principal place of
business at 15600 NE 8th Street, Suite e B1 #975, Bellevue, WA 98008. 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. Amazon Payments, 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.
JURISDICTION AND VENUE
4.

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).
5.

Venue is proper in this district under 28 U.S.C. §§ 1391(b)(2) and (c) and/or

1400(b). On information and belief, each Defendant has transacted business in this district, and
has committed acts of patent infringement in this district, including via their websites.
6.

On information and belief, Defendants are subject to this Court’s general and

specific personal jurisdiction because: each Defendant has minimum contacts within the State of
Texas and the Eastern District of Texas, including via their websites, pursuant to due process
and/or the Texas Long Arm Statute, each Defendant has purposefully availed itself of the
privileges of conducting business in the State of Texas and in the Eastern District of Texas; each
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

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Defendants’ business contacts and other activities in the State of Texas and in the Eastern
District of Texas.
7.

More specifically, each 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, each Defendant has committed patent infringement in the
State of Texas and in the Eastern District of Texas. Each Defendant solicits customers in the
State of Texas and in the Eastern District of Texas. Each Defendant has customers who are
residents of the State of Texas and the Eastern District of Texas and who each use respective
Defendants’ products and services in the State of Texas and in the Eastern District of Texas.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,603,311 B1
8.

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.
9.

The ‘311 Patent generally relates to methods and devices for conducting a

transaction using a medium based on a receipt having payment remittance information.
10.

On information and belief, Amazon.com, 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
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payment remittance information. On information and belief, Amazon.com, Inc. services that
practice such methods and products that employ such devices include, but are not limited to the
“Amazon Payments” website, a service which allows a transaction to be conducted using a
medium based on a receipt having payment remittance information. Defendant Amazon.com,
Inc. is thus liable for infringement of the ‘311 Patent pursuant to 35 U.S.C. § 271.
11.

On information and belief, Amazon Payments, 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, Amazon Payments,
Inc. services that practice such methods and products that employ such devices include, but are
not limited to the “Amazon Payments” website, a service which allows a transaction to be
conducted using a medium based on a receipt having payment remittance information.
Defendant Amazon Payments, Inc. is thus liable for infringement of the ‘311 Patent pursuant to
35 U.S.C. § 271.
12.

To the extent that facts learned in discovery show that Defendants’ infringement

of the ‘311 Patent is or has been willful, Purple Leaf reserves the right to request such a finding
at time of trial.
13.

As a result of Defendants’ 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 Defendants’ infringing activities are enjoined by this Court.

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14.

Unless a permanent injunction is issued enjoining these Defendants and their

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 Defendants and their 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 Defendants to pay Purple Leaf its damages, costs,

expenses, and prejudgment and post-judgment interest for Defendants’ 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 Defendants’ 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 25, 2011

Respectfully submitted,
PURPLE LEAF, LLC
/s/ Winston O. Huff
Winston O. Huff, Attorney in Charge
State Bar No. 24068745
Arthur I. Navarro
State Bar No. 00792013
Navarro Huff, PLLC
302 N. Market, Suite 450
Dallas, TX 75202
214.749.1220 (Firm)
214.749.1233 (Fax)
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF
PURPLE LEAF, LLC

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CERTIFICATE OF FILING
I hereby certify that on July 25, 2011, I electronically filed the foregoing document with the
Clerk of the Court using the CM/ECF system.
Dated: July 25, 2011

Respectfully submitted,
/s/ Winston O. Huff
Winston O. Huff, Attorney in Charge
State Bar No. 24068745
Arthur I. Navarro
State Bar No. 00792013
Navarro Huff, PLLC
302 N. Market, Suite 450
Dallas, TX 75202
214.749.1220 (Firm)
214.749.1233 (Fax)
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF
PURPLE LEAF, LLC

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