IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WALKER DIGITAL, LLC Plaintiff, v. GOOGLE INC. Defendant. Civil Action No. ___________ JURY TRIAL DEMANDED COMPLAINT FOR PATENT INFRINGEMENT 1. Plaintiff Walker Digital, LLC, (“Walker Digital”) files this complaint for patent infringement against defendant Google Inc. THE PARTIES 2. Walker Digital is a Delaware limited liability company with its principal place of business located at 2 High Ridge Park, Stamford, CT 06905. Walker Digital is a world- renowned research and development laboratory responsible for launching several successful businesses, including Priceline.com and Synapse, Inc. 3. On information and belief, defendant Google Inc. (“Google”) is a Delaware corporation with its corporate headquarters and principal place of business at 1600 Amphitheater Parkway, Mountain View, California, 94043. JURISDICTION AND VENUE 4. This action arises under the patent laws of the United States, Title 35 of the United States Code. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 5. On information and belief, Google is subject to this Court’s jurisdiction because Google has transacted business in this district, including, more specifically, directly and/or
Walker Digital's patent infringement complaint against Google accusing Google Offers
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WALKER DIGITAL, LLC
Plaintiff,
v.
GOOGLE INC.
Defendant.
Civil Action No. ___________
JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
1. Plaintiff Walker Digital, LLC, (“Walker Digital”) files this complaint for patent
infringement against defendant Google Inc.
THE PARTIES
2. Walker Digital is a Delaware limited liability company with its principal place of
business located at 2 High Ridge Park, Stamford, CT 06905. Walker Digital is a world-
renowned research and development laboratory responsible for launching several successful
businesses, including Priceline.com and Synapse, Inc.
3. On information and belief, defendant Google Inc. (“Google”) is a Delaware
corporation with its corporate headquarters and principal place of business at 1600 Amphitheater
Parkway, Mountain View, California, 94043.
JURISDICTION AND VENUE
4. This action arises under the patent laws of the United States, Title 35 of the
United States Code. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and
1338(a).
5. On information and belief, Google is subject to this Court’s jurisdiction because
Google has transacted business in this district, including, more specifically, directly and/or
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through intermediaries, making, using, importing, offering for sale and/or selling products and
services in the State of Delaware (including via the provision of such goods and services over the
Internet). Google, upon information and belief, is doing substantial business in this District, and
has committed acts of patent infringement in this District. In addition, Google is a corporation
organized and existing under the laws of the State of Delaware.
6. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c), and 1400(b).
THE ASSERTED PATENTS
7. On June 19, 2001, the United States Patent and Trademark Office (“USPTO”)
duly and legally issued U.S. Patent No. 6,249,772 (the “‘772 patent”), entitled “Systems And
Methods Wherein A Buyer Purchases A Product At A First Price And Acquires The Product
From A Merchant That Offers The Product For Sale At A Second Price” to Jay S. Walker, James
A. Jorasch, and Andrew S. Van Luchene, who assigned their rights and interests in the ‘772
patent to Walker Digital. A true and correct copy of the ‘772 patent is attached as Exhibit A.
8. On June 22, 2004, the USPTO duly and legally issued U.S. Patent No. 6,754,636
(the “‘636 patent”), entitled “Purchasing Systems And Methods Wherein A Buyer Takes
Possession At A Retailer Of A Product Purchased Using A Communication Network,” to Jay S.
Walker, Andrew S. Van Luchene, Magdalena Mik, and Daniel E. Tedesco, who assigned their
rights and interests in the ‘636 patent to Walker Digital. A true and correct copy of the ‘636
patent is attached as Exhibit B.
9. On May 2, 2006, the USPTO duly and legally issued U.S. Patent No. 7,039,603
(the “‘603 patent”), entitled “Settlement Systems And Methods Wherein A Buyer Takes
Possession At A Retailer Of A Product Purchased Using A Communication Network,” to Jay S.
Walker, Jonothan Otto, Andrew S. Van Luchene, Magdalena Mik, Daniel E. Tedesco, and Ian
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Levitan, who assigned their rights and interests in the ‘603 patent to Walker Digital. A true and
correct copy of the ‘603 patent is attached as Exhibit C.
10. On March 30, 2010, the USPTO duly and legally issued U.S. Patent No.
7,689,468 (the “‘468 patent”), entitled “Purchasing, Redemption And Settlement Systems And
Methods Wherein A Buyer Takes Possession At A Retailer Of A Product Purchased Using A
Communication Network,” to Jay S. Walker, Andrew S. Van Luchne, Magdalena M. Fincham,
and Daniel E. Tedesco, who assigned their rights and interests in the ‘468 patent to Walker
Digital. A true and correct copy of the ‘468 patent is attached as Exhibit D.
11. Walker Digital is the owner of the ‘772, ‘636, ‘603 and ‘468 patents (collectively,
the “Asserted Patents”).
FACTUAL BACKGROUND
12. Walker Digital is a research and development laboratory that has invested many
millions of dollars in its intellectual property. Walker Digital is comprised of a diverse group of
inventors who solve business problems by analyzing human behavior and designing innovative
solutions incorporating modern information technologies. The novel inventions developed by
the Walker Digital team are reflected in a portfolio of more than 200 U.S. and international
patents in a wide range of industries that includes retail, vending, credit cards, security, gaming,
educational testing, and entertainment.
13. Jay S. Walker, the chairman of Walker Digital, is a named inventor of more than
450 issued and pending U.S. and international patents, including each of the Asserted Patents.
Mr. Walker is best known as the founder of Priceline.com, which revolutionized the travel
industry through unprecedented technology, with the end result of bringing huge savings in
airfare, hotel and car rental rates, and other travel related goods and services to every-day
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consumers. The systems at the heart of Priceline.com’s success were developed in the research
and development laboratory of Walker Digital.
14. Development of the inventions conceived by Mr. Walker and the Walker Digital
team of inventors would not have been possible without substantial financial investments made
by Walker Digital. Funds invested by Walker Digital have been used for many things, including
the construction of laboratory facilities utilized to develop and test new inventions. Many of the
inventions developed at the Walker Digital laboratories have led to successful businesses,
including Priceline.com and Synapse, Inc. Revolutionary technologies, including the systems
and methods for purchasing a product online at a first price and acquiring the product from a
merchant that offers the product for sale at a second price, as described and claimed in the
Asserted Patents, were a direct result of investments made by Walker Digital.
15. The Asserted Patents represent breakthroughs in the field of electronic commerce.
COUNT I
(Infringement of the ‘772)
16. Walker Digital incorporates and realleges the allegations of paragraphs 1-15 as
are fully set forth above.
17. Upon information and belief, Google is infringing (literally and/or under the
doctrine of equivalents) the ‘772 patent in this District and throughout the United States by,
among other things, making, using, importing, offering for sale and/or selling products and
services on its Google Offers website located at https://www.google.com/offers, which practices
one or more of the claims of the ‘772 patent. For instance, upon information and belief, Google
offers buyers products and services from retailers at discounted prices and arranges for users to
take possession of the goods or services at the retailers’ locations. An sample of a Google
offering is provided below:
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18. Google committed its acts of infringement without license or authorization.
19. As a result of Google’s infringement of the ‘772 patent, Walker Digital has
suffered monetary damages in an amount not yet determined, and will continue to suffer
damages in the future unless Google’s infringing activities are enjoined by this Court.
20. Walker Digital has suffered and will continue to suffer severe and irreparable
harm unless this Court issues a permanent injunction prohibiting Google, its agents, servants,
employees, representatives, and all others acting in active concert therewith from infringing the
‘772 patent.
COUNT II
(Infringement of the ‘636 Patent)
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21. Walker Digital incorporates and realleges the allegations of paragraphs 1-21 as
are fully set forth above.
22. Upon information and belief, Google is infringing (literally and/or under the
doctrine of equivalents) the ‘636 patent in this District and throughout the United States by,
among other things, making, using, importing, offering for sale and/or selling products and
services on its Google Offers website located at https://www.google.com/offers, which practices
one or more of the claims of the ‘636 patent.
23. Google committed its acts of infringement without license or authorization.
24. As a result of Google’s infringement of the ‘636 patent, Walker Digital has
suffered monetary damages in an amount not yet determined, and will continue to suffer
damages in the future unless Google’s infringing activities are enjoined by this Court.
25. Walker Digital has suffered and will continue to suffer severe and irreparable
harm unless this Court issues a permanent injunction prohibiting Google, its agents, servants,
employees, representatives, and all others acting in active concert therewith from infringing the
‘636 patent.
COUNT III
(Infringement of the ‘603 Patent)
26. Walker Digital incorporates and realleges the allegations of paragraphs 1-25 as
are fully set forth above.
27. Upon information and belief, Google is infringing (literally and/or under the
doctrine of equivalents) the ‘603 patent in this District and throughout the United States by,
among other things, making, using, importing, offering for sale and/or selling products and
services on Google Offers website located at https://www.google.com/offers, which practices
one or more of the claims of the ‘603 patent.
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28. Google committed its acts of infringement without license or authorization.
29. As a result of Google’s infringement of the ‘603 patent, Walker Digital has
suffered monetary damages in an amount not yet determined, and will continue to suffer
damages in the future unless Google’s infringing activities are enjoined by this Court.
30. Walker Digital has suffered and will continue to suffer severe and irreparable
harm unless this Court issues a permanent injunction prohibiting Google, its agents, servants,
employees, representatives, and all others acting in active concert therewith from infringing the
‘603 patent.
COUNT IV
(Infringement of the ‘468 Patent)
31. Walker Digital incorporates and realleges the allegations of paragraphs 1-30 as
are fully set forth above.
32. Upon information and belief, Google is infringing (literally and/or under the
doctrine of equivalents) the ‘468 patent in this District and throughout the United States by,
among other things, making, using, importing, offering for sale and/or selling products and
services on its Google Offers website located at https://www.google.com/offers, which practices
one or more of the claims of the ‘468 patent.
33. Google committed its acts of infringement without license or authorization.
34. As a result of Google’s infringement of the ‘468 patent, Walker Digital has
suffered monetary damages in an amount not yet determined, and will continue to suffer
damages in the future unless Google’s infringing activities are enjoined by this Court.
35. Walker Digital has suffered and will continue to suffer severe and irreparable
harm unless this Court issues a permanent injunction prohibiting Google, its agents, servants,
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employees, representatives, and all others acting in active concert therewith from infringing the
‘468 patent.
DEMAND FOR JURY TRIAL
Plaintiff Walker Digital, under Rule 38 of the Federal Rules of Civil Procedure, requests
a trial by jury of any issues so triable by right.
PRAYER FOR RELIEF
For the above reasons, Walker Digital respectfully requests that this Court grant the
following relief in favor of Walker Digital and against Google:
(a) A judgment in favor of Walker Digital that Google has directly infringed (either
literally or under the doctrine of equivalents) one or more claims of each of the Asserted Patents;
(b) A permanent injunction enjoining Google and its officers, directors, agents,
servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
active concert or participation with them, from infringing each of the Asserted Patents;
(c) A judgment and order requiring Google to pay Walker Digital its damages, costs,
expenses, and pre-judgment and post-judgment interest for Google’s infringement of each of the
Asserted Patents;
(d) A judgment and order requiring Google to provide an accounting and to pay
supplemental damages to Walker Digital, including, without limitation, pre-judgment interest;
(e) A judgment and order finding that this is an exceptional case within the meaning
of 35 U.S.C. § 285 and awarding Walker Digital its reasonable attorneys’ fees; and
(f) Any and all such other relief as the Court deems just and proper.
CIVIL COVER SHEET The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the
use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I.(a) PLAINTIFF DEFENDANTS
WALKER DIGITAL, LLC
GOOGLE, INC.
(b) County Of Residence Of First Listed Plaintiff Fairfield County, Connecticut County Of Residence Of First Listed Defendant New Castle County, Delaware
Richard D. Kirk (No. 0922) Stephen Brauerman (No. 4952) Bayard, P.A. 222 Delaware Avenue, Suite 900 Wilmington, DE 19899-5130 (302) 655-5000
CITIZENSHIP OF PRINCIPAL PARTIES (Place An 'X' In One Box For Plaintiff
(For Diversity Cases Only) And One Box For Defendant) II. BASIS OF JURISDICTION (PLACE AN "X" IN ONE BOX
ONLY) III.
PTF DEF PTF DEF
1
U.S. Government
Plaintiff
3
Federal Question
(U.S. Government Not a Party) Citizen of This State 1 1
Incorporated or Principal Place
of Business in this State 4 4
Citizen of Another State 2 2
Incorporated and Principal Place
of Business in Another State 5 5
2
U.S. Government
Defendant
4 Diversity
(Indicate Citizenship of Parties
in Item III)
Citizen or Subject of a
Foreign Country
3 3 Foreign Nation 6 6
IV. NATURE OF SUIT PLACE AN "X" IN ONE BOX ONLY)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liquor Laws
640 RR & Truck
650 Airline Regs
660 Occupational
Safety/Health
690 Other
820 Copyrights
830 Patent
840 Trademark
LABOR SOCIAL SECURITY
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Property Liability
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal Injury
PERSONAL INJURY
362 Personal Injury
Med. Malpractice
365 Personal Injury
Product Liability
368 Asbestos Personal
Injury Product Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW
(405(g))
864 SSID Title XVI
865 RSI (405(g)
FEDERAL TAX SUITS
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
440 Other Civil Rights
510 Motions to Vacate
Sentence
HABEUS CORPUS:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
710 Fair Labor Standards
Act
720 Labor/Mgmt Relations
730 Labor/Mgmt Reporting
& Disclosure Act
740 Railway Labor Act
790 Other Labor Litigation
791 Empl Ref Inc
Security Act 870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS Third Party
26 USC 7609
400 State Reapportionment
410 Antitrust
420 Banks and Banking
450 Commerce/ICC Rates/etc.
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
810 Selective Service
850 Securities/Commodities/
Exchange
875 Customer Challenge
12 USC 3410
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of I
Information Act
900 Appeal of Fee Determination
Under Equal Access to
Justice
950 Constitutionality of
State Statutes
890 Other Statutory Actions
V. ORIGIN
1 Original
Proceeding
2 Removed from
State Court
3 Remanded from
State Court
4 Reinstated or
Reopened
5 Transferred from
another district
(specify)
6 Multidistrict
Litigation
7
Appeal to
District
Judge from
Magistrate
Judgment (Cite The U.S. Civil Statute Under Which You Are Filing And Write Brief Statement Of Cause. VI. CAUSE OF ACTION
Do Not Cite Jurisdictional Statutes Unless Diversity)
Action for patent infringement under 35 U.S.C. § 101, et seq. injunctive and declaratory relief and for damages for patent infringement
CHECK IF THIS IS A CLASS ACTION
DEMAND $ VII. REQUESTED IN
COMPLAINT UNDER F.R.C..P. 23
CHECK YES only if demanded in complaint
JURY DEMAND: YES NO
VIII. RELATED CASE(S) (See instructions)
JUDGE
Sue L. Robinson DOCKET
NUMBERS 11-317-SLR DATE SIGNATURE OF ATTORNEY OF RECORD
APRIL 21, 2011 /S/ RICHARD D. KIRK (RK0922)
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
AO 120 (Rev. 08/10)
TO:Mail Stop 8
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
REPORT ON THE
FILING OR DETERMINATION OF AN
ACTION REGARDING A PATENT OR
TRADEMARK
In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
filed in the U.S. District Court on the following
G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. § 292.):
DOCKET NO. DATE FILED U.S. DISTRICT COURT
PLAINTIFF DEFENDANT
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARKHOLDER OF PATENT OR TRADEMARK
1
2
3
4
5
In the above—entitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G Amendment G Answer G Cross Bill G Other Pleading
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARKHOLDER OF PATENT OR TRADEMARK
1
2
3
4
5
In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK (BY) DEPUTY CLERK DATE
Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
for the District of Delaware
✔
4/21/2011 for the District of Delaware
Walker Digital, LLC Google, Inc.
6,249,772 6/19/2001 Walker Digital, LLC
6,754,636 6/22/2004 Walker Digital, LLC
7,039,603 5/2/2006 Walker Digital, LLC
7,689,468 3/30/2010 Walker Digital, LLC
AO 440 (Rev. 12/09) Summons in a Civil Action
United States District Court
for the
District of Delaware
WALKER DIGITAL, LLC
Plaintiff, v. GOOGLE, INC., Defendant.
Civil Action No. TRIAL BY JURY DEMANDED
Summons in a Civil Action
To: Google, Inc. c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received
it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:
Richard D. Kirk Stephen B. Brauerman Bayard, P.A. 222 Delaware Avenue, Suite 900 Wilmington, Delaware 19801 302-655-5000 (phone)
302-658-6395 (fax)
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. DATE DEPUTY CLERK’S SIGNATURE
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4(1))
This summons for (name of individual and title, if any) ______________________________________
was received by me on (date) _________________.
I personally served the summons on the individual at (place) __________________________
___________________________________________________ on (date) _______________________; or
I left the summons at the individual’s residence or usual place of abode with (name) ___
_________________________________________________________, a person of suitable age and
discretion who resides there, on (date) ____________________, and mailed a copy to the
individual’s last known address; or
I served the summons on (name of individual) ___________________________________, who is
designated by law to accept service of process on behalf of (name of organization)
_______________________________________________ on (date) ______________________; or
I returned the summons unexecuted because _______________________________; or Other (specify):
My fees are $ ________ for travel and $ ________ for services, for a total of $ ________.
I declare under penalty of perjury that this information is true.