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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`MARKETS-ALERT PTY. LTD.,
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`
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`Plaintiff,
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`v.
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`BLOOMBERG FINANCE L.P.,
`BLOOMBERG L.P., and
`BLOOMBERG INC.,
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`
`
`Defendants.
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`Civil Action No.: ____________________
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Markets-Alert Pty. Ltd. (“Markets-Alert” or “Plaintiff”) hereby alleges patent
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`infringement against Defendants Bloomberg Finance L.P. (“Bloomberg Finance”), Bloomberg
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`L.P. (“Bloomberg LP”), and Bloomberg Inc. (“Bloomberg Inc”) (individually and collectively,
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`“Bloomberg”), on personal knowledge and information and belief, as follows:
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`THE PARTIES
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`1.
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`Plaintiff is an Australian corporation with a principal location at 7-9 Cross Street,
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`Bankstown NSW 2200, Australia.
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`2.
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`On information and belief, Defendant Bloomberg Inc is a Delaware corporation
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`with a principal place of business at 731 Lexington Avenue # Ll2, New York, New York 10022.
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`3.
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`On information and belief, Defendant Bloomberg LP is a Delaware limited
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`partnership with a principal place of business at 731 Lexington Avenue # Ll2, New York, New
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`York 10022, and is a subsidiary of Bloomberg Inc.
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`4.
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`On information and belief, Defendant Bloomberg Finance is a Delaware limited
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`partnership with a principal place of business at 731 Lexington Avenue # Ll2, New York, New
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`York 10022, and is a subsidiary of Bloomberg LP.
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`766135.3
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`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 2 of 6 PageID #: 2
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`JURISDICTION AND VENUE
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`5.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
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`and 1338(a).
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`6.
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`Personal jurisdiction and venue are proper in this district under 28 U.S.C. §§
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`1391(b)-(c), and 1400(b). On information and belief, each Defendant has a regular and
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`established place of business in this district or state, has transacted business in this district or
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`state, and/or has committed, contributed to, and/or induced acts of patent infringement in this
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`district or state.
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`7.
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`On information and belief, each Defendant is subject to this Court’s specific and
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`general personal jurisdiction consistent with the principles of due process and/or the Long Arm
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`Statute, due at least to its substantial business in this forum directly related to the allegations set
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`forth herein, including: (i) a portion of the infringement alleged herein, including making, using,
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`selling, offering to sell, and/or importing products, methods and/or systems that infringe the
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`patent-in-suit; (ii) the presence of established distribution and/or marketing channels; and (iii)
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`regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or
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`deriving substantial revenue from goods and services provided to individuals and entities in this
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`state and judicial district.
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`COUNT I
`INFRINGEMENT
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`8.
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`Plaintiff is the exclusive owner of all rights to United States Patent No. 7,941,357,
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`entitled “Trading System” (“‘357 Patent”), including but not limited to the right to sue for
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`damages. The United States Patent and Trademark Office duly issued the ‘357 Patent on May
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`10, 2011, which has a priority date of at least October 27, 2000. A true and correct copy of the
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`‘357 Patent is attached to this Complaint as Exhibit A.
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`9.
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`In or around June 2004, Markets-Alert and Defendant Bloomberg commenced
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`discussions regarding Defendant Bloomberg’s interest in licensing Markets-Alert’s patented
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`766135.3
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`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 3 of 6 PageID #: 3
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`technology. The parties entered into the Mutual Supplier Non-Disclosure Agreement (“NDA”)
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`in or around August 2004.
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`10. Markets-Alert provided Defendant Bloomberg with presentations and detailed
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`explanations on the patented technology and the economic value to Defendant Bloomberg,
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`including demonstrations of Markets-Alert’s “RTA” technology, a real-time technical analysis
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`scanning and alerting platform.
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`11. Markets-Alert and Defendant Bloomberg discussed establishing a pilot project in
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`or around October 2007.
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`12.
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`Defendant Bloomberg abruptly ended the discussions in or around August 2008.
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`Shortly thereafter, Defendant Bloomberg announced the launching of its Launchpad 2010, which
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`on information and belief incorporates Markets-Alert’s patented technology.
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`13.
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`On information and belief, Defendant Bloomberg Inc has been and now is
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`infringing, inducing others to infringe, and/or contributorily infringing, literally, under the
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`doctrine of equivalents, and/or jointly, one or more claims of the ‘357 Patent in this state, in this
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`judicial district, and elsewhere in the United States by, among other things, making, using,
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`selling, offering to sell, and/or importing systems and methods that implement, utilize or
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`otherwise embody the patented invention, including by way of example certain real-time stock
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`trading platform products and services, such as its “Bloomberg Professional Launchpad” and
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`“Bloomberg Terminal,” which are described at least in part online at
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`http://www.bloomberg.com/professional/charts_launchpad/ and
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`http://www.bloomberg.com/professional/hardware/. Therefore, Defendant Bloomberg Inc is
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`liable for infringement of the ‘357 Patent.
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`14.
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`On information and belief, Defendant Bloomberg LP has been and now is
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`infringing, inducing others to infringe, and/or contributorily infringing, literally, under the
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`doctrine of equivalents, and/or jointly, one or more claims of the ‘357 Patent in this state, in this
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`judicial district, and elsewhere in the United States by, among other things, making, using,
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`selling, offering to sell, and/or importing systems and methods that implement, utilize or
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`766135.3
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`3
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`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 4 of 6 PageID #: 4
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`otherwise embody the patented invention, including by way of example certain real-time stock
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`trading platform products and services, such as its “Bloomberg Professional Launchpad” and
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`“Bloomberg Terminal,” which are described at least in part online at
`
`http://www.bloomberg.com/professional/charts_launchpad/ and
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`http://www.bloomberg.com/professional/hardware/. Therefore, Defendant Bloomberg LP is
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`liable for infringement of the ‘357 Patent.
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`15.
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`On information and belief, Defendant Bloomberg Finance has been and now is
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`infringing, inducing others to infringe, and/or contributorily infringing, literally, under the
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`doctrine of equivalents, and/or jointly, one or more claims of the ‘357 Patent in this state, in this
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`judicial district, and elsewhere in the United States by, among other things, making, using,
`
`selling, offering to sell, and/or importing systems and methods that implement, utilize or
`
`otherwise embody the patented invention, including by way of example certain real-time stock
`
`trading platform products and services, such as its “Bloomberg Professional Launchpad” and
`
`“Bloomberg Terminal,” which are described at least in part online at
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`http://www.bloomberg.com/professional/charts_launchpad/ and
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`http://www.bloomberg.com/professional/hardware/. Therefore, Defendant Bloomberg Finance
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`is liable for infringement of the ‘357 Patent.
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`16.
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`On information and belief, Defendant Bloomberg Inc offers trading technologies,
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`tools, and services through its subsidiary Defendant Bloomberg LP, which provides the
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`“Bloomberg Professional” web-site and in turn operates through its subsidiary Defendant
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`Bloomberg Finance, such that Plaintiff’s right to relief against Defendants is joint, several, or in
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`the alternative with respect to or arises out of the same transaction, occurrence, or series of
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`transactions or occurrences, and gives rise to common questions of law or fact.
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`17.
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`Plaintiff has been and is irreparably harmed by each Defendant’s infringement of
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`the ‘357 Patent. Plaintiff has incurred and will continue to incur substantial damages, including
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`monetary damages, unless each Defendant is enjoined from further acts of infringement.
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`18.
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`By notice of this complaint, at least, each Defendant has been aware, since the
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`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 5 of 6 PageID #: 5
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`filing date or before, that the accused instrumentalities are not staple articles or commodities of
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`commerce suitable for substantial non-infringing use and are especially made and/or adapted for
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`use in infringing the ‘357 Patent, and each Defendant’s ongoing infringement is willful and
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`deliberate.
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`19.
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`To the extent that facts uncovered in discovery show that a Defendant’s past
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`infringement has been willful, Plaintiff reserves the right to seek enhanced damages and attorney
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`fees for such past infringement.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests that this Court:
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`(a)
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`enter judgment in favor of Plaintiff that each Defendant has infringed, and
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`continues to infringe, the ‘357 Patent;
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`(b)
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`enjoin each Defendant, its officers, subsidiaries, agents, servants, employees, and
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`all persons in active concert with any of them, from any further infringement of the ‘357 Patent;
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`(c)
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`award Plaintiff all monetary relief available under the patent laws of the United
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`States, including but not limited to actual damages, pre- and post- judgment interest, enhanced
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`damages, and costs pursuant to 35 U.S.C. § 284;
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`(d)
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`declare this case exceptional and award Plaintiff its reasonable attorneys’ fees
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`pursuant to 35 U.S.C. § 285; and
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`(e)
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`grant Plaintiff such other relief as the Court deems just and equitable.
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`766135.3
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`5
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`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 6 of 6 PageID #: 6
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`DEMAND FOR JURY TRIAL
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`Plaintiff demands a trial by jury on all issues so triable pursuant to Rule 38 of the Federal
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`Rules of Civil Procedure.
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`Date: June 20, 2012
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`
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`Respectfully submitted,
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`/s/ Pilar G. Kraman
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`Adam W. Poff (Bar No. 3990)
`Pilar G. Kraman (Bar No. 5199)
`YOUNG CONAWAY STARGATT
` & TAYLOR, LLP
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`Phone: (302) 571-6600
`Email: apoff@ycst.com
`Email: pkraman@ycst.com
`
`Adrian M. Pruetz (Cal. Bar No. 118215)
`Andrew Y. Choung (Cal. Bar No. 203192)
`Lauren Gibbs (Cal. Bar No. 251569)
`GLASER WEIL FINK JACOBS
` HOWARD AVCHEN & SHAPIRO LLP
`10250 Constellation Boulevard, 19th Floor
`Los Angeles, CA 90067
`Phone: (310) 553-3000
`Fax: (310) 785-3506
`E-mail: apruetz@glaserweil.com
`E-mail: achoung@glaserweil.com
`E-mail: lgibbs@glaserweil.com
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`Attorneys for Plaintiff Markets-Alert Pty. Ltd.
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`766135.3
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`6
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