MacroSolve, Inc. v. AT&T Inc. et al
Filing
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COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0540-3225925.), filed by MacroSolve, Inc.. (Attachments: # 1 Exhibit A [816 Patent], # 2 Civil Cover Sheet)(Antonelli, Matthew)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MACROSOLVE, INC.,
Plaintiff,
CIVIL ACTION NO. 6:11-CV-490
v.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
AT&T INC.;
AT&T MOBILITY LLC;
SALESFORCE.COM, INC.;
DELL INC. dba DELL SERVICES;
GROUPON, INC.;
LIVINGSOCIAL, INC.; and
CITIGROUP INC.,
ORIGINAL COMPLAINT FOR
PATENT INFRINGEMENT
JURY TRIAL DEMANDED
Defendants.
Plaintiff MacroSolve, Inc. (“MacroSolve”) files this original complaint against the
above-named defendants, alleging, based on its own knowledge with respect to itself and
its own actions and based on information and belief as to all other matters, as follows:
PARTIES
1.
MacroSolve is a corporation formed under the laws of the State of
Oklahoma, with a principal place of business in Tulsa, Oklahoma.
2.
Defendant AT&T INC. is a corporation organized under the laws of
Delaware, with a principal place of business at 208 S. Akard Street, Dallas, Texas 75202.
AT&T can be served with process by serving its registered agent: CT Corporation System;
350 N. St. Paul St., Ste. 2900; Dallas, TX 75201-4234.
3.
Defendant AT&T MOBILITY LLC (“AT&T Mobility”) is a limited
liability company organized under the laws of Delaware, with a principal place of business
at 5565 Glenridge Connector, Ste. 510; Atlanta, Georgia 30342. AT&T Mobility can be
served with process by serving its registered agent: CT Corporation System; 350 N. St.
Paul St., Ste. 2900; Dallas, TX 75201-4234.
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4.
Defendant SALESFORCE.COM, INC. (“Salesforce”) is a corporation
organized under the laws of Delaware, with a principal place of business in San Francisco,
California. Salesforce can be served with process by serving its registered agent: CT
Corporation System; 350 N. St. Paul St., Ste. 2900; Dallas, TX 75201-4234.
5.
Defendant DELL INC. dba DELL SERVICES (“Dell Services”) is a
corporation organized and existing under the laws of the State of Delaware with a principal
place of business located at 2300 West Plano Parkway; Plano, Texas 75075. Dell can be
served via its registered agent for service of process: Corporation Service Company; 211
E. 7th Street, Suite 620; Austin, TX 78701-3218.
6.
Defendant GROUPON, INC. (“Groupon”) is a corporation organized under
the laws of Delaware, with a principal place of business in Chicago, Illinois. Groupon is
doing business in the state of Texas but has failed to appoint an agent for service of process
in Texas. Accordingly, Groupon can be served under the Texas Long Arm Statute, as well
as the Texas Business Corporations Act, by serving the Secretary of State. Groupon’s
home, home office, and principal office address is 600 West Chicago Avenue; Chicago, IL
60654.
7.
Defendant LIVINGSOCIAL, INC. (“LivingSocial”) is a corporation
organized under the laws of Delaware, with a principal place of business in Washington
D.C. LivingSocial is doing business in the state of Texas but has failed to appoint an agent
for service of process in Texas. Accordingly, LivingSocial can be served under the Texas
Long Arm Statute, as well as the Texas Business Corporations Act, by serving the
Secretary of State. Living Social’s home, home office, and principal office address is 1445
New York Ave. NW, Ste. 200; Washington, DC 20005.
8.
Defendant CITIGROUP INC. (“Citigroup”) is a corporation organized
under the laws of the state of Delaware, with a principal place of business in New York,
New York. Citigroup can be served with process by serving its registered agent: CT
Corporation System; 350 N. St. Paul St., Ste. 2900; Dallas, TX 75201-4234.
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JURISDICTION AND VENUE
9.
This is an action for infringement of a United States patent arising under 35
U.S.C. §§ 271, 281, and 284-285, among others. This Court has subject matter jurisdiction
of the action under 28 U.S.C. §1331 and §1338(a).
10.
Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400(b).
Upon information and belief, each defendant has transacted business in this district, and
has committed and/or induced acts of patent infringement in this district.
11.
Each defendant is 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
each defendant’s substantial business in this forum, including: (i) at least a portion of the
infringements alleged herein; and/or (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 district.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,822,816
12.
On October 26, 2010, United States Patent No. 7,822,816 (“the 816 patent”)
was duly and legally issued by the United States Patent and Trademark Office for an
invention entitled “System and Method for Data Management.” A true and correct copy of
the 816 patent is attached hereto as Exhibit A.
13.
MacroSolve is the owner of the 816 patent with all substantive rights in and
to that patent, including the sole and exclusive right to prosecute this action and enforce
the 816 patent against infringers, and to collect damages for all relevant times.
14.
AT&T Inc. and AT&T Mobility (collectively “AT&T”) directly or through
intermediaries, made, had made, used, imported, provided, supplied, distributed, sold,
and/or offered for sale products and/or systems (including at least AT&T Mobile
Enterprise Application Platform products and/or services and/or ProntoForms products
and/or services) that infringed one or more claims of the 816 patent, and/or AT&T induced
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infringement and/or contributed to the infringement of one or more of the claims of the 816
patent by its customers.
15.
Salesforce directly or through intermediaries, made, had made, used,
imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
systems (including at least Force.com application development platform products and/or
services) that infringed one or more claims of the 816 patent, and/or Salesforce induced
infringement and/or contributed to the infringement of one or more of the claims of the 816
patent by its customers.
16.
Dell Services directly or through intermediaries, made, had made, used,
imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
systems (including at least Dell Mobility Application Platform products and/or services)
that infringed one or more claims of the 816 patent, and/or Dell Services induced
infringement and/or contributed to the infringement of one or more of the claims of the 816
patent by its customers.
17.
Groupon directly or through intermediaries, made, had made, used,
imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
systems (including at least mobile groupon products and/or services) that infringed one or
more claims of the 816 patent, and/or Groupon induced infringement and/or contributed to
the infringement of one or more of the claims of the 816 patent by its customers.
18.
LivingSocial directly or through intermediaries, made, had made, used,
imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
systems (including at least mobile deal products and/or services) that infringed one or more
claims of the 816 patent, and/or LivingSocial induced infringement and/or contributed to
the infringement of one or more of the claims of the 816 patent by its customers.
19.
Citigroup directly or through intermediaries, made, had made, used,
imported, provided, supplied, distributed, sold, and/or offered for sale products and/or
systems (including at least its mobile banking products and/or services) that infringed one
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or more claims of the 816 patent, and/or Citigroup induced infringement and/or contributed
to the infringement of one or more of the claims of the 816 patent by its customers.
JURY DEMAND
MacroSolve hereby requests a trial by jury on all issues so triable by right.
PRAYER FOR RELIEF
MacroSolve requests that the Court find in its favor and against defendants, and
that the Court grant MacroSolve the following relief:
a.
Judgment that one or more claims of the 816 patent have been infringed,
either literally and/or under the doctrine of equivalents, by one or more defendants and/or
by others to whose infringement defendants have contributed and/or by others whose
infringement has been induced by defendants;
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 infringement, inducing infringement of, or
contributing to infringement of the 816 patent;
c.
Judgment that defendants account for and pay to MacroSolve all damages to
and costs incurred by MacroSolve because of defendants’ infringing activities and other
conduct complained of herein;
d.
That MacroSolve be granted pre-judgment and post-judgment interest on
the damages caused by defendants’ infringing activities and other conduct complained of
herein;
e.
That this Court declare this an exceptional case and award MacroSolve its
reasonable attorney’s fees and costs in accordance with 35 U.S.C. § 285; and
f.
That MacroSolve be granted such other and further relief as the Court may
deem just and proper under the circumstances.
Dated: September 15, 2011
Respectfully submitted,
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/s/ Matthew J. Antonelli
Matthew J. Antonelli (lead attorney)
Texas Bar No. 24068432
matt@ahtlawfirm.com
Zachariah S. Harrington
Texas Bar No. 24057886
zac@ahtlawfirm.com
Larry D. Thompson, Jr.
Texas Bar No. 24051428
larry@ahtlawfirm.com
ANTONELLI, HARRINGTON &
THOMPSON LLP
4200 Montrose Blvd., Ste. 430
Houston, TX 77006
(713) 581-3000
Attorneys for MacroSolve, Inc.
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