`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`LANDMARK TECHNOLOGY, LLC,
`
`CASE NO. 6:13-cv-411
`
`Plaintiff,
`
`
`
`
`
`
`
`v.
`
`iROBOT CORPORATION,
`
`
`
`
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Landmark Technology, LLC ("Landmark"), for its Complaint against
`
`iRobot, Corporation Inc. (Defendant"), alleges as follows:
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`JURISDICTION AND VENUE
`
`1.
`
`This is an action for patent infringement in violation of the Patent Act of the
`
`United States, 35 U.S.C. §§ 1 et seq.
`
`2.
`
`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).
`
`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.
`
`4.
`
`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
`
`where Defendant has done business and committed infringing acts and continues to do business
`
`and to commit infringing acts.
`
`(cid:72)(cid:37)(cid:68)(cid:92)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:72)(cid:87)(cid:3)(cid:68)(cid:79)(cid:17)(cid:3)(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:20)(cid:19)(cid:3)(cid:51)(cid:68)(cid:74)(cid:72)(cid:3)(cid:20)
`
`
`
`PARTIES
`
`5.
`
`Plaintiff Landmark Technology, LLC ("Plaintiff") is a limited liability company
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`organized under the laws of the State of Delaware with its principal place of business at 719 W.
`
`Front Street, Suite 157, Tyler, Texas 75702.
`
`6.
`
`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
`
`its principal place of business at 8 Crosby Drive, Bedford, Massachusetts 01730. Plaintiff is
`
`further informed and believes, and on that basis alleges, that iRobot is in the business of selling
`
`robots for cleaning homes, pools, and gutters, and derives a significant portion of its revenue
`
`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").
`
`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
`
`to, by selling products to customers located in this judicial district by way of the iRobot Website.
`
`FACTS
`
`7.
`
`On November 19, 1996, United States Patent No. 5,576,951 entitled "Automated
`
`Sales and Services System" was duly and legally issued to Lawrence B. Lockwood
`
`("Lockwood") as inve3ntor. A true and correct copy of United States Patent No. 5,576,951 is
`
`attached hereto as Exhibit "A" and incorporated herein by this reference. Following a
`
`reexamination of Patent No. 5,576,951, the United States Patent and Trademark Office issued an
`
`Ex Parte Reexamination Certificate, Number US 5,576,951 C1, on January 29, 2008, confirming
`
`the validity of all ten (10) original claims and allowing twenty-two (22) additional claims. A true
`
`and correct copy of Ex Parte Reexamination Certificate, Number US 5,576,951 C1 is attached
`
`hereto as Exhibit "B" and incorporated herein by this reference. Following a second
`
`reexamination on the '951 patent the United States Patent and Trademark Office issued an Ex
`
`Parte Reexamination Certificate, Number US 5,576,951 C2, on May 9, 2013, again confirming
`
`the validity of all thirty-two (32) claims. A true and correct copy of Ex Parte Reexamination
`
`(cid:72)(cid:37)(cid:68)(cid:92)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:72)(cid:87)(cid:3)(cid:68)(cid:79)(cid:17)(cid:3)(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:20)(cid:19)(cid:3)(cid:51)(cid:68)(cid:74)(cid:72)(cid:3)(cid:21)
`
`
`
`Certificate, Number US 5,576,951 C2 is attached hereto as Exhibit "C" and incorporated herein
`
`by this reference. (United States Patent No. 5,576,951, together with the additional claims
`
`confirmed and allowed by Ex Parte Reexamination Certificate, Number US 5,576,951 C1, and as
`
`confirmed by Ex Parte Reexamination Certificate, Number US 5,576,951 C2, shall hereinafter be
`
`referred to as the "'951 Patent.") On September 1, 2008, Lockwood licensed all rights in the '951
`
`Patent to Plaintiff. Plaintiff is the exclusive licensee of the entire right, title and interest in and to
`
`the '951 Patent, including all rights to enforce the '951 Patent and to recover for infringement.
`
`The '951 Patent is valid and in force.
`
`8.
`
`On March 7, 2006, United States Patent No. 7,010,508 entitled "Automated
`
`Multimedia Data Processing Network" (the "'508 Patent") was duly and legally issued to
`
`Lawrence B. Lockwood as inventor. A true and correct copy of the '508 Patent is attached hereto
`
`as Exhibit "D" and incorporated herein by this reference. On September 1, 2008, Lockwood
`
`licensed all rights in the '508 Patent to Plaintiff. Plaintiff is the exclusive licensee of the entire
`
`right, title and interest in and to the '508 Patent, including all rights to enforce the '508 Patent and
`
`to recover for infringement. The '508 Patent is valid and in force.
`
`9.
`
`On or about September 28, 2012, Plaintiff sent Defendant a letter informing
`
`Defendant of the '951 Patent and the '508 Patent and that Defendant's actions, as more fully
`
`described below, constituted infringement of the '951 Patent and the '508 Patent.
`
`10.
`
`As more fully laid out below, Defendant has been and is now infringing the '951
`
`Patent and the '508 Patent, in this judicial district and elsewhere, by selling and distributing its
`
`products and services using electronic commerce systems, which, individually or in combination,
`
`incorporate and/or use subject matter claimed by the '951 Patent and the '508 Patent.
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`FIRST CLAIM FOR RELIEF
`
`(Direct Infringement of the '951 Patent, in Violation of 35 U.S.C. § 271(a))
`
`11.
`
`Plaintiff refers to and incorporates herein by reference paragraphs 1-9.
`
`(cid:72)(cid:37)(cid:68)(cid:92)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:72)(cid:87)(cid:3)(cid:68)(cid:79)(cid:17)(cid:3)(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:20)(cid:19)(cid:3)(cid:51)(cid:68)(cid:74)(cid:72)(cid:3)(cid:22)
`
`
`
`12.
`
`The claims of the '951 Patent relate to "a computer search system for retrieving
`
`information" and "a computerized system for selecting and ordering a variety of information,
`
`goods and services," each comprising a variety of features.
`
`13.
`
`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
`
`services" practicing the claims of the '951 Patent.
`
`14.
`
`By way of example only, and not limited to it, Defendant's Website infringes
`
`Claim 10 of the '951 Patent in that, for example, the Defendant's Website provides a system that
`
`practices all of the limitations of the claim and on which it's customers search for information
`
`about products and purchase products, including:
`
`a.
`
`The Website is a computerized system for selecting and ordering a
`
`variety of information, goods and services.
`
`b.
`
`The Website includes a plurality of computerized data processing
`
`installations (the web server and its supporting systems) programmed for processing orders for
`
`said information, goods and services.
`
`c.
`
`The Website is operated through at least one computerized station
`
`(the customer's computer).
`
`d.
`
`The web server of the Website and that Defendant's customers'
`
`computers practice all of the remaining limitations of Claim 10 of the '951 Patent.
`
`15.
`
`Defendant, therefore, by the acts complained of herein, is making, using, selling,
`
`or offering for sale in the United States, including in the Eastern District of Texas, products
`
`and/or services embodying the invention, and has in the past and is now continuing to infringe
`
`the '951 Patent, either literally or under the doctrine of equivalents, in violation of 35 U.S.C. §
`
`271(a).
`
`16.
`
`Defendant threatens to continue to engage in the acts complained of herein and,
`
`unless restrained and enjoined, will continue to do so, all to Plaintiff's irreparable injury. It
`
`would be difficult to ascertain the amount of compensation that would afford Plaintiff adequate
`
`(cid:72)(cid:37)(cid:68)(cid:92)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:72)(cid:87)(cid:3)(cid:68)(cid:79)(cid:17)(cid:3)(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:20)(cid:19)(cid:3)(cid:51)(cid:68)(cid:74)(cid:72)(cid:3)(cid:23)
`
`
`
`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.
`
`17.
`
`By reason of the acts of Defendant alleged herein, Plaintiff has suffered damage
`
`in an amount to be proved at trial.
`
`18.
`
`Plaintiff is informed and believes, and on that basis alleges, that the infringement
`
`by Defendant is willful, wanton, and deliberate, without license and with full knowledge of the
`
`'951 Patent, thereby making this an exceptional case entitling Plaintiff to attorneys' fees and
`
`enhanced damages.
`
`SECOND CLAIM FOR RELIEF
`
`(Inducing Infringement of the '951 Patent, in Violation of 35 U.S.C. § 271(b))
`
`19.
`
`20.
`
`Plaintiff refers to and incorporates herein by reference paragraphs 1-12.
`
`Plaintiff is informed and believes, and on that basis alleges, that Defendant has
`
`actively and knowingly induced infringement of the '951 Patent, in violation of 35 U.S.C. §
`
`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
`
`search for and order information and products from its Website in such a way as to infringe the
`
`'951 Patent.
`
`21.
`
`By reason of the acts of Defendant alleged herein, Plaintiff has suffered damage
`
`in an amount to be proved at trial.
`
`22.
`
`Defendant threatens to continue to engage in the acts complained of herein and,
`
`unless restrained and enjoined, will continue to do so, all to Plaintiff's irreparable injury.
`
`Plaintiff does not have an adequate remedy at law.
`
`23.
`
`Plaintiff is informed and believes, and on that basis alleges, that the infringement
`
`by Defendant is willful, wanton, and deliberate, without license and with full knowledge of the
`
`'951 Patent, thereby making this an exceptional case entitling Plaintiff to attorneys' fees and
`
`enhanced damages.
`
`(cid:72)(cid:37)(cid:68)(cid:92)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:72)(cid:87)(cid:3)(cid:68)(cid:79)(cid:17)(cid:3)(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:20)(cid:19)(cid:3)(cid:51)(cid:68)(cid:74)(cid:72)(cid:3)(cid:24)
`
`
`
`THIRD CLAIM FOR RELIEF
`
`(Direct Infringement of the '508 Patent, in Violation of 35 U.S.C. § 271(a))
`
`24.
`
`25.
`
`Plaintiff refers to and incorporates herein by reference paragraphs 1-9.
`
`The claims of the '508 Patent relate to "an automated multimedia system for data
`
`processing for delivering information on request to at least one user," comprising a variety of
`
`features.
`
`26.
`
`The iRobot Website is "an automated multimedia system for data processing for
`
`delivering information on request to at least one user," practicing the claims of the '508 Patent.
`
`27.
`
`By way of example, only, and not limited to it, Defendant's Website infringes
`
`Claim 8 of the '508 Patent in that, for example, Defendant's Website provides a system that
`
`practices all of the limitations of the claim and on which it's customers search for information
`
`about products, including:
`
`a.
`
`The Website is an automated multimedia system for data
`
`processing for delivering information on request to at least one user. That is, it uses text and
`
`graphics, among other means, to deliver product information and other information to
`
`Defendant's customers.
`
`b.
`
`The Website includes at least one computerized station (the server
`
`and its supporting systems).
`
`c.
`
`The web server(s) of the Website practice all of the remaining
`
`limitations of Claim 8 of the '508 Patent.
`
`28.
`
`Defendant, therefore, by the acts complained of herein, is making, using, selling,
`
`or offering for sale in the United States, including in the Eastern District of Texas, products
`
`and/or services embodying the invention, and has in the past and is now continuing to infringe
`
`the '508 Patent, either literally or under the doctrine of equivalents, in violation of 35 U.S.C. §
`
`271(a).
`
`29.
`
`Defendant threatens to continue to engage in the acts complained of herein and,
`
`unless restrained and enjoined, will continue to do so, all to Plaintiff's irreparable injury. It
`
`(cid:72)(cid:37)(cid:68)(cid:92)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:72)(cid:87)(cid:3)(cid:68)(cid:79)(cid:17)(cid:3)(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:20)(cid:19)(cid:3)(cid:51)(cid:68)(cid:74)(cid:72)(cid:3)(cid:25)
`
`
`
`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.
`
`30.
`
`By reason of the acts of Defendant alleged herein, Plaintiff has suffered damage
`
`in an amount to be proved at trial.
`
`31.
`
`Plaintiff is informed and believes, and on that basis alleges, that the infringement
`
`by Defendant is willful, wanton, and deliberate, without license and with full knowledge of the
`
`'508 Patent, thereby making this an exceptional case entitling Plaintiff to attorneys' fees and
`
`enhanced damages.
`
`FOURTH CLAIM FOR RELIEF
`
`(Inducing Infringement of the '508 Patent, in Violation of 35 U.S.C. § 271(b))
`
`32.
`
`33.
`
`Plaintiff refers to and incorporates herein by reference paragraphs 1-9, 23-25.
`
`Plaintiff is informed and believes, and on that basis alleges, that Defendant has
`
`actively and knowingly induced infringement of the '508 Patent, in violation of 35 U.S.C. §
`
`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
`
`search for and order information and products from its Website in such a way as to infringe the
`
`'508 Patent.
`
`34.
`
`By reason of the acts of Defendant alleged herein, Plaintiff has suffered damage
`
`in an amount to be proved at trial.
`
`35.
`
`Defendant threatens to continue to engage in the acts complained of herein and,
`
`unless restrained and enjoined, will continue to do so, all to Plaintiff's irreparable damage.
`
`Plaintiff does not have an adequate remedy at law.
`
`36.
`
`Plaintiff is informed and believes, and on that basis alleges, that the infringement
`
`by Defendant is willful, wanton, and deliberate, without license and with full knowledge of the
`
`(cid:72)(cid:37)(cid:68)(cid:92)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:72)(cid:87)(cid:3)(cid:68)(cid:79)(cid:17)(cid:3)(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:20)(cid:19)(cid:3)(cid:51)(cid:68)(cid:74)(cid:72)(cid:3)(cid:26)
`
`
`
`'508 Patent, thereby making this an exceptional case entitling Plaintiff to attorneys' fees and
`
`enhanced damages.
`
`JURY DEMAND
`
`Plaintiff demands a jury trial on all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays for relief as follows:
`
`A.
`
`B.
`
`C.
`
`For an order finding that the '951 Patent is valid and enforceable;
`
`For an order finding that the '508 Patent is valid and enforceable;
`
`For an order finding that, by the acts complained of herein, Defendant has directly
`
`infringed, and induced others to infringe, the '951 Patent in violation of 35 U.S.C. § 271;
`
`D.
`
`For an order finding that, by the acts complained of herein, Defendant has directly
`
`infringed, and induced others to infringe, the '508 Patent in violation of 35 U.S.C. § 271;
`
`E.
`
`For an order finding that Defendant has willfully infringed the ‘951 Patent and the
`
`‘508 Patent;
`
`F.
`
`For an order temporarily, preliminarily and permanently enjoining Defendant, its
`
`officers, directors, agents, servants, affiliates, employees, subsidiaries, divisions, branches,
`
`parents, attorneys, representatives, and all others acting in concert or privity with any of them,
`
`from infringing the '951 Patent, and from inducing others to infringe the '951 Patent;
`
`G.
`
`For an order temporarily, preliminarily and permanently enjoining Defendant, its
`
`officers, directors, agents, servants, affiliates, employees, subsidiaries, divisions, branches,
`
`parents, attorneys, representatives, and all others acting in concert or privity with any of them,
`
`from infringing the '508 Patent, and from inducing others to infringe the '508 Patent;
`
`H.
`
`For an order directing Defendant to deliver to Plaintiff for destruction or other
`
`disposition all infringing products and systems in its possession;
`
`I.
`
`For an order directing Defendant to file with the Court, and serve upon Plaintiff's
`
`counsel, within thirty (30) days after entry of the order of injunction, a report setting forth the
`
`manner and form in which Defendant has complied with the injunction;
`
`(cid:72)(cid:37)(cid:68)(cid:92)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:72)(cid:87)(cid:3)(cid:68)(cid:79)(cid:17)(cid:3)(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:20)(cid:19)(cid:3)(cid:51)(cid:68)(cid:74)(cid:72)(cid:3)(cid:27)
`
`
`
`J.
`
`For an order awarding Plaintiff general and/or specific damages, including a
`
`reasonable royalty and/or lost profits, in amounts to be fixed by the Court in accordance with
`
`proof, including enhanced and/or exemplary damages, as appropriate, as well as all of
`
`Defendant's profits or gains of any kind from its acts of patent infringement;
`
`K.
`
`For an order awarding enhanced damages pursuant to 35 U.S.C. § 284 due to the
`
`willful and wanton nature of Defendant's infringement;
`
`L.
`
`For an order awarding Plaintiff all of its costs, including its attorneys' fees,
`
`incurred in prosecuting this action, including, without limitation, pursuant to 35 U.S.C. § 285 and
`
`other applicable law;
`
`M.
`
`N.
`
`For an order awarding Plaintiff pre-judgment and post-judgment interest; and
`
`For an order awarding Plaintiff such other and further relief as the Court may
`
`deem just and proper.
`
`DATED: May 22, 2013
`
`Respectfully Submitted,
`
`OF COUNSEL:
`
`By: /s/ Charles Ainsworth
`
`Jeffer Mangels Butler & Mitchell LLP
`
`
`
`
`
`
`
`
`Stanley M. Gibson
`(Cal. Bar No. 162329)
`smg@jmbm.com
`
`Ali Shalchi
`(Cal. Bar No. 239164)
`axs@jmbm.com
`
`1900 Avenue of the Stars, Seventh Floor
`Los Angeles, CA 90067
`Telephone: (310) 203-8080
`Facsimile: (310) 203-0567
`
`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
`
`(cid:72)(cid:37)(cid:68)(cid:92)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:72)(cid:87)(cid:3)(cid:68)(cid:79)(cid:17)(cid:3)(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:20)(cid:19)(cid:3)(cid:51)(cid:68)(cid:74)(cid:72)(cid:3)(cid:28)
`
`