Clear With Computers LLC v. Tesla Motors Inc
Filing
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COMPLAINT against Tesla Motors Inc ( Filing fee $ 400 receipt number 0540-4519054.), filed by Clear With Computers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Spangler, Andrew)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
CLEAR WITH COMPUTERS, LLC,
Plaintiff,
v.
TESLA MOTORS, INC.,
Defendant.
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) Civil Action No._______________
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) JURY TRIAL DEMANDED
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COMPLAINT
For its Complaint, Plaintiff Clear With Computers, LLC ("CWC"), by and
through the undersigned counsel, alleges as follows:
THE PARTIES
1.
CWC is a Texas limited liability company with a place of business located
at 1400 Preston Road, Suite 473, Plano, Texas 75093.
2.
Defendant Tesla Motors, Inc. is a Delaware corporation with, upon
information and belief, a place of business located at 3500 Deer Creek Road, Palo Alto,
California 94304.
JURISDICTION AND VENUE
3.
This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
4.
Subject matter jurisdiction is proper in this Court under 28 U.S.C.
§§ 1331 and 1338.
5.
Upon information and belief, Defendant conducts substantial business in
this forum, directly or through intermediaries, 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 this district.
6.
Venue is proper in this district pursuant to §§ 1391(b), (c) and 1400(b).
THE PATENTS-IN-SUIT
7.
On April 29, 1997, United States Patent No. 5,625,776 (the "'776 patent"),
entitled "Electronic Proposal Preparation System for Selling Computer Equipment and
Copy Machines," was duly and lawfully issued by the U.S. Patent and Trademark Office
("USPTO"). A true and correct copy of the '776 patent is attached hereto as Exhibit A.
8.
On October 20, 2009, United States Patent No. 7,606,739 (the "'739
patent"), entitled "Electronic Proposal Preparation System," was duly and lawfully issued
by the USPTO. A true and correct copy of the '739 patent is attached hereto as Exhibit B.
9.
CWC is the assignee and owner of the right, title and interest in and to the
'776 and '739 patents, including the right to assert all causes of action arising under said
patents and the right to any remedies for infringement of them.
COUNT I – INFRINGEMENT OF U.S. PATENT NO. 5,625,776
10.
CWC repeats and realleges the allegations of paragraphs 1 through 9 as if
fully set forth herein.
11.
Without license or authorization and in violation of 35 U.S.C. § 271(a),
Defendant has infringed and continues to infringe at least claim 61 of the '776 patent by
making, using, owning, operating, and/or maintaining one or more sales methods, sales
systems, marketing methods and/or marketing systems, including, but not limited to
www.teslamotors.com and all related instrumentalities used to deliver web pages from
that domain, including related web servers and database servers and their associated
software, e.g., to receive information identifying a customer's desired equipment features
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and uses by presenting the customer with a plurality of questions relating to the features
and uses of the equipment, and receiving a plurality of answers to the questions; storing
equipment pictures, equipment environment pictures and text segments in the computer;
retrieving equipment information for use in generating the customized proposal by
electronically selecting a particular equipment picture, equipment environment picture,
and text segment in response to at least one of the answers, and automatically compiling
the gathered equipment information in the computer into the customized proposal.
12.
CWC is entitled to recover from Defendant the damages sustained by
CWC as result of their infringement of the '776 patent in an amount subject to proof at
trial, which, by law, cannot be less than a reasonable royalty, together with interest and
costs as fixed by this Court under 35 U.S.C. § 284.
COUNT II – INFRINGEMENT OF U.S. PATENT NO. 7,606,739
13.
CWC repeats and realleges the allegations of paragraphs 1 through 12 as if
fully set forth herein.
14.
Without license or authorization and in violation of 35 U.S.C. § 271(a),
Defendant has infringed and continues to infringe at least claim 11 of the '739 patent by
making, using, owning, operating, and/or maintaining one or more computer sales methods,
sales systems, marketing methods and/or marketing systems covered by one or more claims
of the '739 patent, including, but not limited to www.teslamotors.com and all related
instrumentalities used to deliver web pages from that domain, including related web servers
and database servers and their associated software, to, among other things, receive answers
to a plurality of questions from a specific customer related to at least one of a desired
feature and desired use by the customer of a tangible product for sale from a user interface;
automatically select, in response to at least one of the received answers, an image of the
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tangible product for sale, an image of an environment in which the product for sale is to be
used and a text segment comprised of a description of the product specifications and
performances that are of particular interest to the customer; and integrate the selected
images and the selected text segment into a proposal for the sale of the product customized
to the specific customer such that a single composite visual output can be generated that
shows the product in the product environment along with said text segment, wherein the
single composite visual output is generated by a selection device operatively interconnected
to an active database that is configured to electronically store customer information
obtained via the user interface, and a static database that stores electronically at least one
of, (a) text; (b) pictures or (c) texts and pictures, relating to at least one product; and the
system dynamically building a template utilizing the selection device to fill in the template
to produce the single composite visual output.
15.
CWC is entitled to recover from Defendant the damages sustained by
CWC as result of their infringement of the '739 patent in an amount subject to proof at
trial, which, by law, cannot be less than a reasonable royalty, together with interest and
costs as fixed by this Court under 35 U.S.C. § 284.
JURY DEMAND
CWC hereby demands a trial by jury on all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, CWC requests that this Court enter judgment against Defendant
as follows:
A.
An adjudication that Defendant has infringed the '776 and '739 patents;
B.
An award of damages to be paid by Tesla adequate to compensate CWC
for Defendant's past infringement of the '776 and '739 patents and any continuing or
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future infringement through the date such judgment is entered, including interest, costs,
expenses and an accounting of all infringing acts including, but not limited to, those acts
not presented at trial;
C.
A declaration that this case is exceptional under 35 U.S.C. § 285, and an
award of CWC's reasonable attorneys' fees; and
D.
An award to CWC of such further relief at law or in equity as the Court
deems just and proper.
Dated: February 11, 2014
/s/Andrew W. Spangler
Andrew W. Spangler TX SB # 24041960
spangler@spanglerlawpc.com
Spangler Law P.C.
208 N. Green Street, Suite 300
Longview, TX 75601
Telephone: (903) 753-9300
Facsimile: (903) 553-0403
Stamatios Stamoulis DE SB #4606
stamoulis@swdelaw.com
Richard C. Weinblatt DE SB #5080
weinblatt@swdelaw.com
Stamoulis & Weinblatt LLC
Two Fox Point Centre
6 Denny Road, Suite 307
Wilmington, DE 19809
Telephone: (302) 999-1540
Facsimile: (302) 762-1688
Attorneys for Plaintiff
Clear With Computers, LLC
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