1. hobbies and interests
2. inventors and patents

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
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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
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u
u
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u
u
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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
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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
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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