`
`UNITED STATES DISTRICT COURT
`DISTRICT OF DELAWARE
`
`BENEFIT FUNDING SYSTEMS LLC, AND
`RETIREMENT CAPITAL ACCESS
`MANAGEMENT COMPANY LLC
`
`Plaintiffs,
`
`v.
`
`REGIONS FINANCIAL CORPORATION
`
`Defendant.
`
`§
`§
`§
`§
`§ CIVIL ACTION No.
`§
`§
`§
`§
`§
`§
`§
`
`JURY DEMANDED
`
`COMPLAINT
`
`Plaintiffs, Benefit Funding Systems LLC and Retirement Capital Access Management
`
`Company LLC (collectively, the "Plaintiffs"), complain of patent infringement by Regions Financial
`
`Corporation ("Regions"), and allege as follows:
`
`I. PARTIES, JURISDICTION, AND VENUE
`
`1.
`
`Plaintiff Benefit Funding Systems LLC is a limited liability corporation organized and
`
`existing under the laws of the State of Delaware.
`
`2.
`
`Plaintiff Retirement Capital Access Management Company LLC is a limited liability
`
`corporation organized and existing under the laws of the State of Delaware.
`
`3.
`
`Defendant Regions Financial Corporation is a corporation organized and existing
`
`under the laws of the State of Delaware.
`
`4.
`
`This is an action arising under the patent laws of the United States, 35 U.S.c. §§ 101
`
`et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`5.
`
`This Court has personal jurisdiction over Defendant by virtue of its incorporation in
`
`the State of Delaware and by availing itself of the laws and protections of this Judicial District.
`
`PAGE 1
`
`Petitioners Ex. 1009
`
`PET_00307
`
`
`
`Case 1:99-mc-09999 Document 510 Filed 06/22/12 Page 2 of 4 PageID #: 32855
`
`6.
`
`Venue is proper in this Judicial District under 28 U.S.C. §§ 1391(b), 1391(c), and
`
`1400(b).
`
`II. FACTUAL BACKGROUND
`
`7.
`
`United States Patent No. 6,625,582 B2 ("the '582 patent"), entitled "Method and
`
`System for Converting a Designated Portion of Future Social Security and Other Retirement
`
`Payments to Current Benefits," was duly and legally issued by the United States Patent and
`
`Trademark Office on September 23,2003. Exhibit A is a true and correct copy of the '582 patent.
`
`8.
`
`Plaintiff Retirement Capital Access Management Company LLC is the owner by
`
`assignment of all rights, title, and interest in and to the' 5 82.
`
`9.
`
`Plaintiff Benefit Funding Systems LLC is the exclusive licensee of the '582 patent.
`
`10.
`
`Defendant has made, offered for sale, used, and/or caused to be used computerized
`
`systems and methods that embody or practice one or more claims covered by the' 5 82 patent within
`
`the United States. On information and belief, Defendant uses and causes to be used computerized
`
`services, such as those marketed under the phrase "Regions Ready Advance," that involve, among
`
`other things, obtaining authorization to periodically withdraw a portion of future Social Security
`
`benefit payments, that are directly deposited into an account, in exchange for providing a monetary
`
`benefit based at least in part on the present value of a portion of the future Social Security benefit
`
`payments, and doing so without violating laws against alienation of Social Security benefits.
`
`PAGE 2
`
`PET_00308
`
`
`
`Case 1:99-mc-09999 Document 510 Filed 06/22/12 Page 3 of 4 PageID #: 32856
`
`III. CLAIMS
`
`COUNT I
`PATENT INFRINGEMENT
`
`11.
`
`Defendant has infringed the' 5 82 patent.
`
`12.
`
`Defendant's infringement of the '582 patent has damaged and will continue to
`
`damage Plaintiffs.
`
`13.
`
`Defendant's infringement of the '582 patent has caused and will continue to cause
`
`Plaintiffs irreparable harm unless enjoined by the Court.
`
`IV. DEMAND FOR JURY TRIAL
`
`14.
`
`Plaintiffs request a jury to hear this action.
`
`V. PRAYER FOR RELIEF
`
`F or these reasons, Plaintiffs respectfully request that this Court enter judgment in their favor
`
`and grant the following relief:
`
`a)
`
`b)
`
`Adjudge that Defendant has infringed the '582 patent;
`
`Enter an order preliminarily and permanently enjoining Defendant from any further
`
`acts of infringement of the '582 patent;
`
`c)
`
`Award Plaintiffs damages in an amount adequate to compensate them for Defendant's
`
`infringement of the ' 582 patent, but in no event less than a reasonable royalty under 35 U.S.C. § 284;
`
`d)
`
`Enter an order awarding Plaintiffs pre- and post-judgment interest on damages
`
`awarded and their costs under 35 U.S.C. § 284; and
`
`e )
`
`Award such other relief as the Court may deem appropriate and just.
`
`PAGE3
`
`PET_00309
`
`
`
`Case 1:99-mc-09999 Document 510 Filed 06/22/12 Page 4 of 4 PageID #: 32857
`
`Date: June 22, 2012
`
`Respectfully submitted,
`
`FARNANLLP
`
`lsi Michael J. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market Street, 12th Floor
`Wilmington, Delaware 19801
`(302) 777-0300
`(302) 777-0301
`mfarnan@farnanlaw.com
`
`A TTORNEYS FOR PLAINTIFFS
`
`PAGE4
`
`PET_00310
`
`
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