IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`
`
`CASE NO. 6:13-cv-411
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`
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`JURY TRIAL DEMANDED
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`
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`Plaintiff,
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`
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`v.
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`LANDMARK TECHNOLOGY, LLC,
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`
`
`
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`iROBOT CORPORATION,
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`
`
`
`
`
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff Landmark Technology, LLC ("Landmark"), for its Complaint against
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`iRobot, Corporation Inc. (Defendant"), alleges as follows:
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`JURISDICTION AND VENUE
`This is an action for patent infringement in violation of the Patent Act of the
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`1.
`United States, 35 U.S.C. §§ 1 et seq.
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`2.
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`This Court has original and exclusive subject matter jurisdiction over the patent
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`infringement claims for relief under 28 U.S.C. §§ 1331 and 1338(a).
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`3.
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`This Court has personal jurisdiction over Defendant because Defendant has
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`transacted and is transacting business in the Eastern District of Texas that includes, but is not
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`limited to, the use of products and systems that practice the subject matter claimed in the patents
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`involved in this action.
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`4.
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`Venue is proper in this district under 28 U.S.C. §1391(b-c) and 1400(b) because a
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`substantial part of the events or omissions giving rise to the claims occurred in this District
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`where Defendant has done business and committed infringing acts and continues to do business
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`and to commit infringing acts.
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` GSI Commerce Solutions, Inc. Exhibit 1009 Page 1
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`

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`PARTIES
`Plaintiff Landmark Technology, LLC ("Plaintiff") is a limited liability company
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`5.
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`organized under the laws of the State of Delaware with its principal place of business at 719 W.
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`Front Street, Suite 157, Tyler, Texas 75702.
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`6.
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`Plaintiff is informed and believes, and on that basis alleges, that Defendant iRobot
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`Corporation ("iRobot"), is a corporation organized under the laws of the State of Delaware, with
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`its principal place of business at 8 Crosby Drive, Bedford, Massachusetts 01730. Plaintiff is
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`further informed and believes, and on that basis alleges, that iRobot is in the business of selling
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`robots for cleaning homes, pools, and gutters, and derives a significant portion of its revenue
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`from sales and distribution via Internet-based electronic commerce conducted on and using at
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`least, but not limited to, the Internet website located at http://www.irobot.com/us/ (the "Website").
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`Plaintiff is informed and believes, and on that basis alleges, that, at all times relevant hereto,
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`iRobot has done and continues to do business in this judicial district, including, but not limited
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`to, by selling products to customers located in this judicial district by way of the iRobot Website.
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`FACTS
`On November 19, 1996, United States Patent No. 5,576,951 entitled "Automated
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`7.
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`Sales and Services System" was duly and legally issued to Lawrence B. Lockwood
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`("Lockwood") as inve3ntor. A true and correct copy of United States Patent No. 5,576,951 is
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`attached hereto as Exhibit "A" and incorporated herein by this reference. Following a
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`reexamination of Patent No. 5,576,951, the United States Patent and Trademark Office issued an
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`Ex Parte Reexamination Certificate, Number US 5,576,951 C1, on January 29, 2008, confirming
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`the validity of all ten (10) original claims and allowing twenty-two (22) additional claims. A true
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`and correct copy of Ex Parte Reexamination Certificate, Number US 5,576,951 C1 is attached
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`hereto as Exhibit "B" and incorporated herein by this reference. Following a second
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`reexamination on the '951 patent the United States Patent and Trademark Office issued an Ex
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`Parte Reexamination Certificate, Number US 5,576,951 C2, on May 9, 2013, again confirming
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`the validity of all thirty-two (32) claims. A true and correct copy of Ex Parte Reexamination
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` GSI Commerce Solutions, Inc. Exhibit 1009 Page 2
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`

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`Certificate, Number US 5,576,951 C2 is attached hereto as Exhibit "C" and incorporated herein
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`by this reference. (United States Patent No. 5,576,951, together with the additional claims
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`confirmed and allowed by Ex Parte Reexamination Certificate, Number US 5,576,951 C1, and as
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`confirmed by Ex Parte Reexamination Certificate, Number US 5,576,951 C2, shall hereinafter be
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`referred to as the "'951 Patent.") On September 1, 2008, Lockwood licensed all rights in the '951
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`Patent to Plaintiff. Plaintiff is the exclusive licensee of the entire right, title and interest in and to
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`the '951 Patent, including all rights to enforce the '951 Patent and to recover for infringement.
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`The '951 Patent is valid and in force.
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`8.
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`On March 7, 2006, United States Patent No. 7,010,508 entitled "Automated
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`Multimedia Data Processing Network" (the "'508 Patent") was duly and legally issued to
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`Lawrence B. Lockwood as inventor. A true and correct copy of the '508 Patent is attached hereto
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`as Exhibit "D" and incorporated herein by this reference. On September 1, 2008, Lockwood
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`licensed all rights in the '508 Patent to Plaintiff. Plaintiff is the exclusive licensee of the entire
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`right, title and interest in and to the '508 Patent, including all rights to enforce the '508 Patent and
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`to recover for infringement. The '508 Patent is valid and in force.
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`9.
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`On or about September 28, 2012, Plaintiff sent Defendant a letter informing
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`Defendant of the '951 Patent and the '508 Patent and that Defendant's actions, as more fully
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`described below, constituted infringement of the '951 Patent and the '508 Patent.
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`10.
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`As more fully laid out below, Defendant has been and is now infringing the '951
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`Patent and the '508 Patent, in this judicial district and elsewhere, by selling and distributing its
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`products and services using electronic commerce systems, which, individually or in combination,
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`incorporate and/or use subject matter claimed by the '951 Patent and the '508 Patent.
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`FIRST CLAIM FOR RELIEF
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`(Direct Infringement of the '951 Patent, in Violation of 35 U.S.C. § 271(a))
`Plaintiff refers to and incorporates herein by reference paragraphs 1-9.
`11.
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` GSI Commerce Solutions, Inc. Exhibit 1009 Page 3
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`

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`12.
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`The claims of the '951 Patent relate to "a computer search system for retrieving
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`information" and "a computerized system for selecting and ordering a variety of information,
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`goods and services," each comprising a variety of features.
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`13.
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`The iRobot Website is a "computer search system[s] for retrieving information"
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`and "computerized system[s] for selecting and ordering a variety of information, goods and
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`services" practicing the claims of the '951 Patent.
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`14.
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`By way of example only, and not limited to it, Defendant's Website infringes
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`Claim 10 of the '951 Patent in that, for example, the Defendant's Website provides a system that
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`practices all of the limitations of the claim and on which it's customers search for information
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`about products and purchase products, including:
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`a.
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`The Website is a computerized system for selecting and ordering a
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`variety of information, goods and services.
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`b.
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`The Website includes a plurality of computerized data processing
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`installations (the web server and its supporting systems) programmed for processing orders for
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`said information, goods and services.
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`c.
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`The Website is operated through at least one computerized station
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`(the customer's computer).
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`d.
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`The web server of the Website and that Defendant's customers'
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`computers practice all of the remaining limitations of Claim 10 of the '951 Patent.
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`15.
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`Defendant, therefore, by the acts complained of herein, is making, using, selling,
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`or offering for sale in the United States, including in the Eastern District of Texas, products
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`and/or services embodying the invention, and has in the past and is now continuing to infringe
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`the '951 Patent, either literally or under the doctrine of equivalents, in violation of 35 U.S.C. §
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`271(a).
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`16.
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`Defendant threatens to continue to engage in the acts complained of herein and,
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`unless restrained and enjoined, will continue to do so, all to Plaintiff's irreparable injury. It
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`would be difficult to ascertain the amount of compensation that would afford Plaintiff adequate
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` GSI Commerce Solutions, Inc. Exhibit 1009 Page 4
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`

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`relief for such future and continuing acts, and a multiplicity of judicial proceedings would be
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`required. Plaintiff does not have an adequate remedy at law to compensate it for the injuries
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`threatened.
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`17.
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`By reason of the acts of Defendant alleged herein, Plaintiff has suffered damage
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`in an amount to be proved at trial.
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`18.
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`Plaintiff is informed and believes, and on that basis alleges, that the infringement
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`by Defendant is willful, wanton, and deliberate, without license and with full knowledge of the
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`'951 Patent, thereby making this an exceptional case entitling Plaintiff to attorneys' fees and
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`enhanced damages.
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`SECOND CLAIM FOR RELIEF
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`(Inducing Infringement of the '951 Patent, in Violation of 35 U.S.C. § 271(b))
`Plaintiff refers to and incorporates herein by reference paragraphs 1-12.
`19.
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`20.
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`Plaintiff is informed and believes, and on that basis alleges, that Defendant has
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`actively and knowingly induced infringement of the '951 Patent, in violation of 35 U.S.C. §
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`271(b) by, among other things, inducing its customers (the end users of its Website) to utilize
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`their own computers in combination with its Website, and incorporated and/or related systems, to
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`search for and order information and products from its Website in such a way as to infringe the
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`'951 Patent.
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`21.
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`By reason of the acts of Defendant alleged herein, Plaintiff has suffered damage
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`in an amount to be proved at trial.
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`22.
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`Defendant threatens to continue to engage in the acts complained of herein and,
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`unless restrained and enjoined, will continue to do so, all to Plaintiff's irreparable injury.
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`Plaintiff does not have an adequate remedy at law.
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`23.
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`Plaintiff is informed and believes, and on that basis alleges, that the infringement
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`by Defendant is willful, wanton, and deliberate, without license and with full knowledge of the
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`'951 Patent, thereby making this an exceptional case entitling Plaintiff to attorneys' fees and
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`enhanced damages.
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` GSI Commerce Solutions, Inc. Exhibit 1009 Page 5
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`

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`THIRD CLAIM FOR RELIEF
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`(Direct Infringement of the '508 Patent, in Violation of 35 U.S.C. § 271(a))
`Plaintiff refers to and incorporates herein by reference paragraphs 1-9.
`24.
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`25.
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`The claims of the '508 Patent relate to "an automated multimedia system for data
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`processing for delivering information on request to at least one user," comprising a variety of
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`features.
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`26.
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`The iRobot Website is "an automated multimedia system for data processing for
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`delivering information on request to at least one user," practicing the claims of the '508 Patent.
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`27.
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`By way of example, only, and not limited to it, Defendant's Website infringes
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`Claim 8 of the '508 Patent in that, for example, Defendant's Website provides a system that
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`practices all of the limitations of the claim and on which it's customers search for information
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`about products, including:
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`a.
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`The Website is an automated multimedia system for data
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`processing for delivering information on request to at least one user. That is, it uses text and
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`graphics, among other means, to deliver product information and other information to
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`Defendant's customers.
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`b.
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`The Website includes at least one computerized station (the server
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`and its supporting systems).
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`c.
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`The web server(s) of the Website practice all of the remaining
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`limitations of Claim 8 of the '508 Patent.
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`28.
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`Defendant, therefore, by the acts complained of herein, is making, using, selling,
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`or offering for sale in the United States, including in the Eastern District of Texas, products
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`and/or services embodying the invention, and has in the past and is now continuing to infringe
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`the '508 Patent, either literally or under the doctrine of equivalents, in violation of 35 U.S.C. §
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`271(a).
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`29.
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`Defendant threatens to continue to engage in the acts complained of herein and,
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`unless restrained and enjoined, will continue to do so, all to Plaintiff's irreparable injury. It
`
` GSI Commerce Solutions, Inc. Exhibit 1009 Page 6
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`

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`would be difficult to ascertain the amount of compensation that would afford Plaintiff adequate
`
`relief for such future and continuing acts, and a multiplicity of judicial proceedings would be
`
`required. Plaintiff does not have an adequate remedy at law to compensate it for the injuries
`
`threatened.
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`30.
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`By reason of the acts of Defendant alleged herein, Plaintiff has suffered damage
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`in an amount to be proved at trial.
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`31.
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`Plaintiff is informed and believes, and on that basis alleges, that the infringement
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`by Defendant is willful, wanton, and deliberate, without license and with full knowledge of the
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`'508 Patent, thereby making this an exceptional case entitling Plaintiff to attorneys' fees and
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`enhanced damages.
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`FOURTH CLAIM FOR RELIEF
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`(Inducing Infringement of the '508 Patent, in Violation of 35 U.S.C. § 271(b))
`Plaintiff refers to and incorporates herein by reference paragraphs 1-9, 23-25.
`32.
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`33.
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`Plaintiff is informed and believes, and on that basis alleges, that Defendant has
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`actively and knowingly induced infringement of the '508 Patent, in violation of 35 U.S.C. §
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`271(b) by, among other things, inducing its customers (the end users of its Website) to utilize
`
`their own computers in combination with its Website, and incorporated and/or related systems, to
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`search for and order information and products from its Website in such a way as to infringe the
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`'508 Patent.
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`34.
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`By reason of the acts of Defendant alleged herein, Plaintiff has suffered damage
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`in an amount to be proved at trial.
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`35.
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`Defendant threatens to continue to engage in the acts complained of herein and,
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`unless restrained and enjoined, will continue to do so, all to Plaintiff's irreparable damage.
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`Plaintiff does not have an adequate remedy at law.
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`36.
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`Plaintiff is informed and believes, and on that basis alleges, that the infringement
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`by Defendant is willful, wanton, and deliberate, without license and with full knowledge of the
`
` GSI Commerce Solutions, Inc. Exhibit 1009 Page 7
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`

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`'508 Patent, thereby making this an exceptional case entitling Plaintiff to attorneys' fees and
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`enhanced damages.
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`JURY DEMAND
`Plaintiff demands a jury trial on all issues so triable.
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`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff prays for relief as follows:
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`A.
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`B.
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`C.
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`For an order finding that the '951 Patent is valid and enforceable;
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`For an order finding that the '508 Patent is valid and enforceable;
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`For an order finding that, by the acts complained of herein, Defendant has directly
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`infringed, and induced others to infringe, the '951 Patent in violation of 35 U.S.C. § 271;
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`D.
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`For an order finding that, by the acts complained of herein, Defendant has directly
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`infringed, and induced others to infringe, the '508 Patent in violation of 35 U.S.C. § 271;
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`E.
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`For an order finding that Defendant has willfully infringed the ‘951 Patent and the
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`‘508 Patent;
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`F.
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`For an order temporarily, preliminarily and permanently enjoining Defendant, its
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`officers, directors, agents, servants, affiliates, employees, subsidiaries, divisions, branches,
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`parents, attorneys, representatives, and all others acting in concert or privity with any of them,
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`from infringing the '951 Patent, and from inducing others to infringe the '951 Patent;
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`G.
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`For an order temporarily, preliminarily and permanently enjoining Defendant, its
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`officers, directors, agents, servants, affiliates, employees, subsidiaries, divisions, branches,
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`parents, attorneys, representatives, and all others acting in concert or privity with any of them,
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`from infringing the '508 Patent, and from inducing others to infringe the '508 Patent;
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`H.
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`For an order directing Defendant to deliver to Plaintiff for destruction or other
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`disposition all infringing products and systems in its possession;
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`I.
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`For an order directing Defendant to file with the Court, and serve upon Plaintiff's
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`counsel, within thirty (30) days after entry of the order of injunction, a report setting forth the
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`manner and form in which Defendant has complied with the injunction;
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` GSI Commerce Solutions, Inc. Exhibit 1009 Page 8
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`J.
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`For an order awarding Plaintiff general and/or specific damages, including a
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`reasonable royalty and/or lost profits, in amounts to be fixed by the Court in accordance with
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`proof, including enhanced and/or exemplary damages, as appropriate, as well as all of
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`Defendant's profits or gains of any kind from its acts of patent infringement;
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`K.
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`For an order awarding enhanced damages pursuant to 35 U.S.C. § 284 due to the
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`willful and wanton nature of Defendant's infringement;
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`L.
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`For an order awarding Plaintiff all of its costs, including its attorneys' fees,
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`incurred in prosecuting this action, including, without limitation, pursuant to 35 U.S.C. § 285 and
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`other applicable law;
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`M.
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`N.
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`For an order awarding Plaintiff pre-judgment and post-judgment interest; and
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`For an order awarding Plaintiff such other and further relief as the Court may
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`deem just and proper.
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`
`
`Stanley M. Gibson
`(Cal. Bar No. 162329)
`smg@jmbm.com
`
`DATED: May 22, 2013
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`
`OF COUNSEL:
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`Jeffer Mangels Butler & Mitchell LLP
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`
`
`
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`
`
`
`
`1900 Avenue of the Stars, Seventh Floor
`Los Angeles, CA 90067
`Telephone: (310) 203-8080
`Facsimile: (310) 203-0567
`
`
`Ali Shalchi
`(Cal. Bar No. 239164)
`axs@jmbm.com
`
`
`
`Respectfully Submitted,
`
`
`By: /s/ Charles Ainsworth
`
`Charles Ainsworth
`State Bar No. 00783521
`Robert Christopher Bunt
`State Bar No. 00787165
`PARKER, BUNT & AINSWORTH, P.C.
`100 E. Ferguson, Suite 1114
`Tyler, TX 75702
`903/531-3535
`903/533-9687
`E-mail: charley@pbatyler.com
`E-mail: rcbunt@pbatyler.com
`
`Attorneys for Plaintiff,
`Landmark Technology, LLC
`
`
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` GSI Commerce Solutions, Inc. Exhibit 1009 Page 9
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`