Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 1 of 6 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`MARKETS-ALERT PTY. LTD.,
`
`
`
`Plaintiff,
`
`v.
`
`BLOOMBERG FINANCE L.P.,
`BLOOMBERG L.P., and
`BLOOMBERG INC.,
`
`
`
`Defendants.
`
`Civil Action No.: ____________________
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Markets-Alert Pty. Ltd. (“Markets-Alert” or “Plaintiff”) hereby alleges patent
`
`infringement against Defendants Bloomberg Finance L.P. (“Bloomberg Finance”), Bloomberg
`
`L.P. (“Bloomberg LP”), and Bloomberg Inc. (“Bloomberg Inc”) (individually and collectively,
`
`“Bloomberg”), on personal knowledge and information and belief, as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff is an Australian corporation with a principal location at 7-9 Cross Street,
`
`Bankstown NSW 2200, Australia.
`
`2.
`
`On information and belief, Defendant Bloomberg Inc is a Delaware corporation
`
`with a principal place of business at 731 Lexington Avenue # Ll2, New York, New York 10022.
`
`3.
`
`On information and belief, Defendant Bloomberg LP is a Delaware limited
`
`partnership with a principal place of business at 731 Lexington Avenue # Ll2, New York, New
`
`York 10022, and is a subsidiary of Bloomberg Inc.
`
`4.
`
`On information and belief, Defendant Bloomberg Finance is a Delaware limited
`
`partnership with a principal place of business at 731 Lexington Avenue # Ll2, New York, New
`
`York 10022, and is a subsidiary of Bloomberg LP.
`
`766135.3
`
`

`

`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 2 of 6 PageID #: 2
`
`JURISDICTION AND VENUE
`
`5.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`6.
`
`Personal jurisdiction and venue are proper in this district under 28 U.S.C. §§
`
`1391(b)-(c), and 1400(b). On information and belief, each Defendant has a regular and
`
`established place of business in this district or state, has transacted business in this district or
`
`state, and/or has committed, contributed to, and/or induced acts of patent infringement in this
`
`district or state.
`
`7.
`
`On information and belief, each Defendant is subject to this Court’s specific and
`
`general personal jurisdiction consistent with the principles of due process and/or the Long Arm
`
`Statute, due at least to its substantial business in this forum directly related to the allegations set
`
`forth herein, including: (i) a portion of the infringement alleged herein, including making, using,
`
`selling, offering to sell, and/or importing products, methods and/or systems that infringe the
`
`patent-in-suit; (ii) the presence of established distribution and/or marketing channels; and (iii)
`
`regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or
`
`deriving substantial revenue from goods and services provided to individuals and entities in this
`
`state and judicial district.
`
`COUNT I
`INFRINGEMENT
`
`8.
`
`Plaintiff is the exclusive owner of all rights to United States Patent No. 7,941,357,
`
`entitled “Trading System” (“‘357 Patent”), including but not limited to the right to sue for
`
`damages. The United States Patent and Trademark Office duly issued the ‘357 Patent on May
`
`10, 2011, which has a priority date of at least October 27, 2000. A true and correct copy of the
`
`‘357 Patent is attached to this Complaint as Exhibit A.
`
`9.
`
`In or around June 2004, Markets-Alert and Defendant Bloomberg commenced
`
`discussions regarding Defendant Bloomberg’s interest in licensing Markets-Alert’s patented
`
`766135.3
`
`2
`
`

`

`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 3 of 6 PageID #: 3
`
`technology. The parties entered into the Mutual Supplier Non-Disclosure Agreement (“NDA”)
`
`in or around August 2004.
`
`10. Markets-Alert provided Defendant Bloomberg with presentations and detailed
`
`explanations on the patented technology and the economic value to Defendant Bloomberg,
`
`including demonstrations of Markets-Alert’s “RTA” technology, a real-time technical analysis
`
`scanning and alerting platform.
`
`11. Markets-Alert and Defendant Bloomberg discussed establishing a pilot project in
`
`or around October 2007.
`
`12.
`
`Defendant Bloomberg abruptly ended the discussions in or around August 2008.
`
`Shortly thereafter, Defendant Bloomberg announced the launching of its Launchpad 2010, which
`
`on information and belief incorporates Markets-Alert’s patented technology.
`
`13.
`
`On information and belief, Defendant Bloomberg Inc has been and now is
`
`infringing, inducing others to infringe, and/or contributorily infringing, literally, under the
`
`doctrine of equivalents, and/or jointly, one or more claims of the ‘357 Patent in this state, in this
`
`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
`
`http://www.bloomberg.com/professional/charts_launchpad/ and
`
`http://www.bloomberg.com/professional/hardware/. Therefore, Defendant Bloomberg Inc is
`
`liable for infringement of the ‘357 Patent.
`
`14.
`
`On information and belief, Defendant Bloomberg LP has been and now is
`
`infringing, inducing others to infringe, and/or contributorily infringing, literally, under the
`
`doctrine of equivalents, and/or jointly, one or more claims of the ‘357 Patent in this state, in this
`
`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
`
`766135.3
`
`3
`
`

`

`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 4 of 6 PageID #: 4
`
`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
`
`http://www.bloomberg.com/professional/charts_launchpad/ and
`
`http://www.bloomberg.com/professional/hardware/. Therefore, Defendant Bloomberg LP is
`
`liable for infringement of the ‘357 Patent.
`
`15.
`
`On information and belief, Defendant Bloomberg Finance has been and now is
`
`infringing, inducing others to infringe, and/or contributorily infringing, literally, under the
`
`doctrine of equivalents, and/or jointly, one or more claims of the ‘357 Patent in this state, in this
`
`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
`
`http://www.bloomberg.com/professional/charts_launchpad/ and
`
`http://www.bloomberg.com/professional/hardware/. Therefore, Defendant Bloomberg Finance
`
`is liable for infringement of the ‘357 Patent.
`
`16.
`
`On information and belief, Defendant Bloomberg Inc offers trading technologies,
`
`tools, and services through its subsidiary Defendant Bloomberg LP, which provides the
`
`“Bloomberg Professional” web-site and in turn operates through its subsidiary Defendant
`
`Bloomberg Finance, such that Plaintiff’s right to relief against Defendants is joint, several, or in
`
`the alternative with respect to or arises out of the same transaction, occurrence, or series of
`
`transactions or occurrences, and gives rise to common questions of law or fact.
`
`17.
`
`Plaintiff has been and is irreparably harmed by each Defendant’s infringement of
`
`the ‘357 Patent. Plaintiff has incurred and will continue to incur substantial damages, including
`
`monetary damages, unless each Defendant is enjoined from further acts of infringement.
`
`18.
`
`By notice of this complaint, at least, each Defendant has been aware, since the
`
`766135.3
`
`4
`
`

`

`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 5 of 6 PageID #: 5
`
`filing date or before, that the accused instrumentalities are not staple articles or commodities of
`
`commerce suitable for substantial non-infringing use and are especially made and/or adapted for
`
`use in infringing the ‘357 Patent, and each Defendant’s ongoing infringement is willful and
`
`deliberate.
`
`19.
`
`To the extent that facts uncovered in discovery show that a Defendant’s past
`
`infringement has been willful, Plaintiff reserves the right to seek enhanced damages and attorney
`
`fees for such past infringement.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff respectfully requests that this Court:
`
`(a)
`
`enter judgment in favor of Plaintiff that each Defendant has infringed, and
`
`continues to infringe, the ‘357 Patent;
`
`(b)
`
`enjoin each Defendant, its officers, subsidiaries, agents, servants, employees, and
`
`all persons in active concert with any of them, from any further infringement of the ‘357 Patent;
`
`(c)
`
`award Plaintiff all monetary relief available under the patent laws of the United
`
`States, including but not limited to actual damages, pre- and post- judgment interest, enhanced
`
`damages, and costs pursuant to 35 U.S.C. § 284;
`
`(d)
`
`declare this case exceptional and award Plaintiff its reasonable attorneys’ fees
`
`pursuant to 35 U.S.C. § 285; and
`
`(e)
`
`grant Plaintiff such other relief as the Court deems just and equitable.
`
`766135.3
`
`5
`
`

`

`Case 1:12-cv-00780-GMS Document 1 Filed 06/20/12 Page 6 of 6 PageID #: 6
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff demands a trial by jury on all issues so triable pursuant to Rule 38 of the Federal
`
`Rules of Civil Procedure.
`
`Date: June 20, 2012
`
`
`
`Respectfully submitted,
`
`/s/ Pilar G. Kraman
`
`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
`
`Attorneys for Plaintiff Markets-Alert Pty. Ltd.
`
`766135.3
`
`6
`
`