Eclipse IP, LLC v. JP Boden USA LLC

Filing 3

COMPLAINT against JP Boden USA LLC, filed by Eclipse IP, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Fox, Joseph)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
WHEELING DIVISION
ECLIPSE IP, LLC,
Plaintiff,
v.
JP BODEN USA LLC,
Defendant.

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Case No. 5:12-cv-00075-JPB
Jury Trial Demanded

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Eclipse IP LLC ("Eclipse"), by counsel, complains of defendant JP
Boden USA LLC (“JP Boden”), as follows:
NATURE OF LAWSUIT
1.

This is a suit for patent infringement arising under the patent laws of

the United States, Title 35 of the United States Code § 1 et seq. This Court has
exclusive jurisdiction over the subject matter of the Complaint under 28 U.S.C. §§
1331 and 1338(a).
PARTIES AND PATENTS
2.

Eclipse is a company organized and existing under the laws of Florida

and having a principal place of business address at 115 NW 17th Street, Delray
Beach, Florida 33444.

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3.

Eclipse owns all right, title, and interest in and has standing to sue for

infringement of United States Patent No. 7,479,899 (“the ‘899 patent”), entitled
“Notification Systems and Methods Enabling a Response to Cause Connection
Between a Notified PCD and a Delivery or Pickup Representative” (Exhibit A);
United States Patent No. 7,876,239 (“the ‘239 patent”), entitled “Secure
Notification Messaging Systems and Methods Using Authentication Indicia”
(Exhibit B); United States Patent No. 7,319,414 ("the ‘414 patent"), entitled
“Secure Notification Messaging Systems and Methods Using Authentication
Indicia" (Exhibit C); United States Patent No. 7,482,952 (“the ‘952 patent”),
entitled “Response Systems and Methods for Notification Systems for Modifying
Future Notifications” (Exhibit D); and United States Patent No. 7,119,716 (“the
‘716 patent”), entitled “Response Systems and Methods for Notification Systems
for Modifying Future Notifications” (Exhibit E) (collectively, “the Eclipse
Patents”).
4.

On information and belief, JP Boden is a company existing under the

laws of Delaware and may be served at 2711 Centerville Road, Suite 400,
Wilmington, Delaware 19808.
5.

On information and belief, JP Boden does regular business in this

judicial district and has committed acts of infringement in this judicial district.

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JURISDICTION AND VENUE
6.

This Court has personal jurisdiction over JP Boden under W. Va.

Code § 56-3-33(a) because JP Boden is transacting business within Ohio, Brooke,
Hancock, and Marshall Counties, West Virginia; operating and/or supporting
products or services that fall within one or more claims of Eclipse’s patents in the
above counties; and has committed the tort of patent infringement in the above
counties.
7.

Venue is proper in this judicial district under 28 U.S.C. §§ 1391(d)

and 1400(b) because JP Boden resides in this judicial district.
DEFENDANT’S ACTS OF PATENT INFRINGEMENT
8.

JP Boden has infringed one or more claims of the ‘899 patent through,

among other activities: the use of its electronic order, purchase, and product return
status messaging and information systems that include URL links; and providing
the users or recipients of electronic messages with authentication, modifications to
future electronic messages, and additional information associated with the status of
a purchase or return.
9.

JP Boden has actively induced and/or contributed to the infringement

by others of one or more claims of the ‘899 patent through, among other activities:
by continuing to provide to customers the use of its electronic order, purchase, and
product return status messaging and information systems that include URL links,

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after having received notice of its infringement of the ‘899 patent; and by
continuing to provide to customers electronic messages with authentication,
modifications to future electronic messages, and additional information associated
with the status of a purchase or return, after having received notice of its
infringement of the ‘899 patent.
10.

JP Boden has infringed one or more claims of the ‘239 patent through,

among other activities: the use of its electronic order, purchase, and product return
status messaging and information systems that include URL links; and providing
the users or recipients of electronic messages with authentication, modifications to
future electronic messages, and additional information associated with the status of
a purchase or return.
11.

JP Boden has actively induced and/or contributed to the infringement

by others of one or more claims of the ‘239 patent through, among other activities:
by continuing to provide to customers the use of its electronic order, purchase, and
product return status messaging and information systems that include URL links,
after having received notice of its infringement of the ‘239 patent; and by
continuing to provide to customers electronic messages with authentication,
modifications to future electronic messages, and additional information associated
with the status of a purchase or return, after having received notice of its
infringement of the ‘239 patent.

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12.

JP Boden has infringed one or more claims of the ‘414 patent through,

among other activities: the use of its electronic order, purchase, and product return
status messaging and information systems that include URL links; and providing
the users or recipients of electronic messages with authentication, modifications to
future electronic messages, and additional information associated with the status of
a purchase or return.
13.

JP Boden has actively induced and/or contributed to the infringement

by others of one or more claims of the ‘414 patent through, among other activities:
by continuing to provide to customers the use of its electronic order, purchase, and
product return status messaging and information systems that include URL links,
after having received notice of its infringement of the ‘414 patent; and by
continuing to provide to customers electronic messages with authentication,
modifications to future electronic messages, and additional information associated
with the status of a purchase or return, after having received notice of its
infringement of the ‘414 patent.
14.

JP Boden has infringed one or more claims of the ‘952 patent through,

among other activities: the use of its electronic order, purchase, and product return
status messaging and information systems that include URL links; and providing
the users or recipients of electronic messages with authentication, modifications to

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future electronic messages, and additional information associated with the status of
a purchase or return.
15.

JP Boden has actively induced and/or contributed to the infringement

by others of one or more claims of the ‘952 patent through, among other activities:
by continuing to provide to customers the use of its electronic order, purchase, and
product return status messaging and information systems that include URL links,
after having received notice of its infringement of the ‘952 patent; and by
continuing to provide to customers electronic messages with authentication,
modifications to future electronic messages, and additional information associated
with the status of a purchase or return, after having received notice of its
infringement of the ‘952 patent.
16.

JP Boden has infringed one or more claims of the ‘716 patent through,

among other activities: the use of its electronic order, purchase, and product return
status messaging and information systems that include URL links; and providing
the users or recipients of electronic messages with authentication, modifications to
future electronic messages, and additional information associated with the status of
a purchase or return.
17.

JP Boden has actively induced and/or contributed to the infringement

by others of one or more claims of the ‘716 patent through, among other activities:
by continuing to provide to customers the use of its electronic order, purchase, and

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product return status messaging and information systems that include URL links,
after having received notice of its infringement of the ‘716 patent; and by
continuing to provide to customers electronic messages with authentication,
modifications to future electronic messages, and additional information associated
with the status of a purchase or return, after having received notice of its
infringement of the ‘716 patent.
18.

Through direct, induced, and contributory infringement JP Boden has

injured Eclipse, and Eclipse is entitled to recover damages adequate to compensate
it for such infringement, but in no event less than a reasonable royalty.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Eclipse asks this Court to enter judgment against
the defendant and against each of the defendant’s respective subsidiaries, affiliates,
agents, servants, employees and all persons in active concert or participation with
it, granting the following relief:
(a)

An award of damages adequate to compensate Eclipse for the

infringement that has occurred, together with prejudgment interest from the date
infringement of the Eclipse Patents began;
(b)

An award to Eclipse of all remedies available under 35 U.S.C. §§ 284

and 285; and,

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(c)

Such other and further relief as this Court or a jury may deem proper

and just.
JURY DEMAND
Eclipse demands a trial by jury on all issues so triable.
Respectfully submitted this 6th day of June, 2012.

s/Joseph H. Fox
Joseph H. Fox Bar Number: 5586
Attorney for Plaintiff
Joseph H. Fox, LLC
125 South College Street
Washington, PA 15301
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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