Case 6:14-cv-00089 Document 1-4 Filed 02/11/14 Page 1 of 2 PageID #: 153 CIVIL COVER SHEET 2JS 44 (Rev. 12/07) 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) PLAINTIFFS DEFENDANTS Volvo Construction Equipment North America, LLC Clear With Computers, LLC (b) County of Residence of First Listed Plaintiff Collin County New Castle County County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. (c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known) Andrew W. Spangler, Spangler Law P.C., 208 N. Green Street, Suite 300, Longview, TX 75601; (903) 753-9300 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff u 1 U.S. Government Plaintiff u 3 Federal Question (U.S. Government Not a Party) (For Diversity Cases Only) PTF Citizen of This State u 1 u 2 U.S. Government Defendant u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place of Business In Another State u 5 u 5 Citizen or Subject of a Foreign Country u 3 u 3 Foreign Nation u 6 u 6 (Indicate Citizenship of Parties in Item III) IV. NATURE OF SUIT CONTRACT u u u u u u u u u u u u u u u u u u 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 Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property u u u u u u u u u u u u u u u u V. ORIGIN u 1 Original Proceeding and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State DEF u 1 (Place an “X” in One Box Only) TORTS 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 CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights FORFEITURE/PENALTY PERSONAL INJURY u 362 Personal Injury Med. Malpractice u 365 Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS u 510 Motions to Vacate Sentence Habeas Corpus: u 530 General u 535 Death Penalty u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition State Court BANKRUPTCY OTHER STATUTES u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157 u u u u u u PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 840 Trademark SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRS—Third Party 26 USC 7609 u u u u u u u u u u u u u u u u u IMMIGRATION u 462 Naturalization Application u 463 Habeas Corpus Alien Detainee u 465 Other Immigration Actions u 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes Appeal to District (Place an “X” in One Box Only) u 2 Removed from u 610 Agriculture u 620 Other Food & Drug u 625 Drug Related Seizure of Property 21 USC 881 u 630 Liquor Laws u 640 R.R. & Truck u 650 Airline Regs. u 660 Occupational Safety/Health u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Mgmt. Relations u 730 Labor/Mgmt.Reporting & Disclosure Act u 740 Railway Labor Act u 790 Other Labor Litigation u 791 Empl. Ret. Inc. Security Act u 3 Remanded from Appellate Court from u 4 Reinstated or u 5 Transferred u 6 Multidistrict another district Reopened Litigation (specify) from u 7 Judge Magistrate Judgment Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 35 U.S.C. 1 et seq. VI. CAUSE OF ACTION Brief description of cause: Patent infringement DEMAND $ u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE Leonard E. Davis IF ANY DATE CHECK YES only if demanded in complaint: ✔ u Yes u No JURY DEMAND: DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD /s/ Andrew W. Spangler 02/11/2014 6:12-cv-622; 6:13-cv-161; 6:13-cv-571; related cases are being filed concurrently herewith FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE Case 6:14-cv-00089 Document 1-4 Filed 02/11/14 Page 2 of 2 PageID #: 154 JS 44 Reverse (Rev. 12/07) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”. II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an “X” in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. Case 6:14-cv-00089 Document 1 Filed 02/11/14 Page 1 of 5 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION CLEAR WITH COMPUTERS, LLC, Plaintiff, v. VOLVO CONSTRUCTION EQUIPMENT NORTH AMERICA, LLC, Defendant. ) ) ) ) Civil Action No._______________ ) ) JURY TRIAL DEMANDED ) ) ) ) ) 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 Volvo Construction Equipment North America, LLC is a Delaware limited liability company with, upon information and belief, a place of business located at 312 Volvo Way, Shippensburg, Pennsylvania 17257. 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 Case 6:14-cv-00089 Document 1 Filed 02/11/14 Page 2 of 5 PageID #: 2 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.volvoce.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 and uses 2 Case 6:14-cv-00089 Document 1 Filed 02/11/14 Page 3 of 5 PageID #: 3 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. A copy of relevant portions of the www.volvoce.com website is attached hereto as Exhibit C. 12. CWC is entitled to recover from Defendant the damages sustained by CWC as result of Defendant's 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 1 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.volvoce.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 3 Case 6:14-cv-00089 Document 1 Filed 02/11/14 Page 4 of 5 PageID #: 4 user interface; automatically select, in response to at least one of the received answers, an image of the 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. A copy of relevant portions of the www.volvoce.com website is attached hereto as Exhibit C. 15. CWC is entitled to recover from Defendant the damages sustained by CWC as result of Defendant's 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: 4 Case 6:14-cv-00089 Document 1 Filed 02/11/14 Page 5 of 5 PageID #: 5 A. An adjudication that Defendant has infringed the '776 and '739 patents; B. An award of damages to be paid by Defendant adequate to compensate CWC for Defendant's past infringement of the '776 and '739 patents and any continuing or 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 [email protected] 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 [email protected] Richard C. Weinblatt DE SB #5080 [email protected] 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 5
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