`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF KANSAS
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`)
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`)
`)
`)
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`) Case No.
`)
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`) DEMAND FOR JURY TRIAL
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`CAREER DESTINATION
`DEVELOPMENT, LLC,
`a Kansas limited liability company,
`
` Plaintiff,
`
` v.
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`THELADDERS.COM, INC.,
`a Delaware corporation,
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` Defendant.
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`
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`COMPLAINT
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`Plaintiff Career Destination Development, LLC, through its undersigned attorneys
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`of record, files this Complaint against defendant THELADDERS.COM, INC. (“The Ladders”)
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`and states and alleges as follows:
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`INTRODUCTION
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`This is a lawsuit for patent infringement.
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`This lawsuit stems from the flagrant theft of valuable intellectual property
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`1.
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`2.
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`belonging to Career Destination Development, LLC (“Career Destination” or “Plaintiff”).
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`3.
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`This intellectual property consists of the specifications for a unique type of
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`employment posting and searching website.
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`4.
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`This employment posting and searching website allows employers and
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`potential employees to post and search job postings and make application for employment.
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`5.
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`Marc Vianello (“Vianello”) developed the specifications for this website
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`through years of painstaking research and experimentation, ultimately securing multiple United
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`Monster Worldwide, Inc. Exhibit 1028 (p.1/10)
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`Case 2:13-cv-02522-JWL-KGS Document 1 Filed 10/09/13 Page 2 of 10
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`States patents. He assigned his interest in these patents to Career Destination, a company he
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`formed for the purpose of commercializing this type of technology.
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`6.
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`In complete disregard for Career Destination’s intellectual property rights,
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`defendant The Ladders put forth Vianello’s invention as its own, seeking to profit from
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`Vianello’s efforts without giving him credit or compensation.
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`7.
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`Defendant’s actions have infringed and continue to infringe on Vianello’s
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`patents.
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`8.
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`Accordingly, at a minimum, Career Destination seeks a reasonable
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`royalty, together with such other and further relief is available under 35 U.S.C. § 285.
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`PARTIES
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`9.
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`Career Destination is a limited liability company organized and existing
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`under the laws of the State of Kansas with a registered office at 5209 West 83rd Terrace, Prairie
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`Village, Kansas 66207. Vianello organized Career Destination and his revocable trust is the sole
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`member. Vianello invented the technology at issue in this case, obtaining multiple United States
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`patents, including U.S. Patent Nos. 8,374,901, 7,424,438, and 7,797,181. These patents were
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`assigned to Career Destination in March 2013. Career Destination possesses all rights, title and
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`interest in these patents, including the right to sue for infringement. Career Destination is the
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`developer of a website covered by these patents known as careerdestination.com.
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`10.
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`Defendant The Ladders is a corporation organized and existing under the
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`laws of the State of Delaware with a principal place of business at 137 Varick St., 8th Floor, New
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`York, NY 10013. The Ladders touts itself as “the most comprehensive job-matching site for
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`career-driven professionals.” It was founded by Marc Cenedella, Alexandre Douzet and Andrew
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`-2-
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`Monster Worldwide, Inc. Exhibit 1028 (p.2/10)
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`Case 2:13-cv-02522-JWL-KGS Document 1 Filed 10/09/13 Page 3 of 10
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`Koch in 2003, and currently has more than 6 million members. Mr. Cendella presently serves as
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`The Ladders’ Executive Chairman, while Mr. Douzet is Chief Executive Officer of the company.
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`JURISDICTION AND VENUE
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`11.
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`This is a patent infringement action brought under the patent laws of the
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`United States, 35 U.S.C. Section 1 et seq. Career Destination seeks damages for patent
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`infringement and an injunction preventing Indeed from making, using, selling, offering to sell,
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`importing, or inducing others to use Career Destination’s patented technology without its
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`permission.
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`1338(a).
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`12.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and
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`13.
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`This Court has personal jurisdiction over Indeed because it has
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`purposefully availed itself of the privilege of conducting business within this State and this
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`district.
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`14.
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`Venue in this district is proper under 28 U.S.C. §§ 1391 and 1400 because
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`a substantial part of the events giving rise to the claims asserted herein occurred in this district,
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`and Indeed has committed acts of infringement in this district.
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`FACTUAL BACKGROUND
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`Marc Vianello and Career Destination Development
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`15.
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`Vianello attended college at the University of Missouri – Columbia. He
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`graduated in 1975 with a Bachelor’s of Science in Business Administration with a major in
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`accountancy. He became a Certified Public Accountant in 1977.
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`16.
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`Vianello spent the first part of his career working in public accounting.
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`He interned with the firm of Peat Marwick Mitchell & Company (now known as KPMG LLP),
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`and then took a full time position with the Kansas City office of Arthur Andersen & Company.
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`-3-
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`Monster Worldwide, Inc. Exhibit 1028 (p.3/10)
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`Case 2:13-cv-02522-JWL-KGS Document 1 Filed 10/09/13 Page 4 of 10
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`17.
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`In 1980, Vianello left Arthur Andersen to become the Vice President of an
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`oil and gas exploration company known as ENI Corporation. He remained in that capacity for
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`just over a year, when he left to form his own oil and gas exploration company known as Remco
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`Energy Corporation.
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`18.
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`In 1987, while still operating Remco, Vianello went into business with his
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`brother acquiring and managing apartment units. This business continued for several years, with
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`Vianello ultimately owning approximately 500 units spread across five different properties.
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`19.
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`In the early 1990s, as the real estate business began to draw to a close,
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`Vianello and his brother founded a newspaper known as the Kansas City Health Care Times.
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`The Kansas City Health Care Times focused on the healthcare industry, and sought to capture
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`revenue from healthcare-specific classified advertising. Vianello operated this business until the
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`late 1990s, when he discontinued publication of the newspaper and sold the classified advertising
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`section to Sun Publications.
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`20.
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`Around this time period Vianello formulated the idea for the invention that
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`serves as the basis for this lawsuit.
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`21.
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`As originally conceived the idea was to produce an Internet version of the
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`Kansas City Health Care Times that contained healthcare-specific news and a classified
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`advertising section. But competition from WebMD, which sought to cater to a similar clientele,
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`made this idea unworkable. So Vianello shifted his focus to the classified advertising component
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`and, more specifically, employment advertisements.
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`22.
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`At first Vianello sought to create a digital job board that would solve the
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`recruiting needs of hospitals. But in examining the recruiting needs of hospitals Vianello
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`discovered that hospitals required such a broad array of workers to function—from nurses to
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`-4-
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`Monster Worldwide, Inc. Exhibit 1028 (p.4/10)
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`Case 2:13-cv-02522-JWL-KGS Document 1 Filed 10/09/13 Page 5 of 10
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`cooks to janitors—that restricting his offering to hospitals made little sense. So he abandoned
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`the hospital niche and began developing a broad-based recruiting tool for employers and
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`prospective employees.
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`23.
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`Because there were a number of broad-based, digital job boards in the
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`marketplace, he knew he had to offer something more—something different—to attract users.
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`So, instead of creating a digital job board where employers could post advertisements for open
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`positions (paying for each posting), he created a website that allows employers to list for free
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`each and every position whether it is open or not. When a particular position comes open,
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`employers can make the position visible to prospective employees who might be searching the
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`website. An employer is charged a fee only if a prospective employee submits an application for
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`an open position, and the employer chooses to receive the prospective employee’s name and
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`contact information. Likewise, prospective employees can list their qualifications on the site, so
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`they can be found by employers searching for qualified candidates. The employer is charged
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`only if it chooses to receive the prospective employee’s name and contact information, and the
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`prospective employee consents to the release of this information.
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`24.
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`To enhance searchability and increase the relevance of search results,
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`information submitted to the site is standardized. Borrowing from the United States Department
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`of Labor’s Dictionary of Occupational Titles and the North American Industrial Classification
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`System, the website utilizes a tiered classification system of industries and occupations.
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`Employers can search for prospective employees possessing a particular level of experience in a
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`particular occupation in a particular industry, and prospective employees can delineate the
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`precise nature of their work history.
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`-5-
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`Monster Worldwide, Inc. Exhibit 1028 (p.5/10)
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`Case 2:13-cv-02522-JWL-KGS Document 1 Filed 10/09/13 Page 6 of 10
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`25.
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`As Vianello continued to develop and refine his invention, he recognized
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`the need to take steps to protect his invention from potential competitors. This led him to apply
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`for and obtain a series of patents:
`
`a.
`Patent Application No. 10/101,644 was filed on March 19, 2002,
`and U.S. Patent No. 7,424,438 (the “‘438 Patent”) issued on September 9, 2008
`(attached hereto as Exhibit A);
`
`b.
`Patent Application No. 12/059,799 was filed on March 31, 2008,
`and U.S. Patent No. 7,797,181 (the “‘181 Patent”) issued on September 14, 2010
`(attached hereto as Exhibit B); and
`
`c.
`Patent Application No. 12/846,635 was filed on July 29, 2010, and
`U.S. Patent No. 8,374,901 (the “‘901 Patent”) issued on February 12, 2013
`(attached hereto as Exhibit C).
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`26.
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`These patents are all based on the same specifications but set forth
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`different claims that embody different inventive aspect of the specifications.
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`27.
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`In March 2013, Vianello assigned all rights, title and interest in these
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`patents to the company he formed, Career Destination, for purposes of commercializing this
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`technology.
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`28.
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`This technology is incorporated in the website, careerdestination.com.
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`The Ladder’s Infringement
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`29.
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`The Ladders touts itself as a comprehensive job-matching service and
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`employment website for career-driven professionals. The Ladders promises to help professionals
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`find the jobs and meet the employers that are right for their career goals.
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`30.
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`The Ladders website, THELADDERS.COM, facilitates targeted job
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`searching, which it promotes as “an entirely new way to search for jobs.”
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`31.
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`According to The Ladders, it has “vetted thousands of positions in IT,
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`finance, law, marketing, sales, technology, human resources and beyond” and can help job
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`searchers find their next job “in [their] hometown or across the country with TheLadders job
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`-6-
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`Monster Worldwide, Inc. Exhibit 1028 (p.6/10)
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`Case 2:13-cv-02522-JWL-KGS Document 1 Filed 10/09/13 Page 7 of 10
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`search function.” Job searchers can make their job search as specific as they would like,
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`searching for jobs by location, industry, salary, company and title.
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`32.
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`Likewise, The Ladders allows employers to conduct targeted searches for
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`qualified candidates, sorting them by industry, specialty, location, keywords and other criteria.
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`The Ladders facilitates contact between employers and candidates and allows employers to
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`manage communications through the website.
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`CAUSE OF ACTION:
`INFRINGEMENT OF THE ‘901 PATENT
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`Career Destination incorporates by reference the foregoing allegations as
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`33.
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`if fully set forth herein.
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`34.
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`On information and belief, The Ladders has committed and/or is
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`continuing to commit direct acts of infringement of the ‘901 Patent under 35 U.S.C. § 271(a) by
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`making, using, selling, offering to sell a product that infringes one or more claims of the ‘901
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`Patent, without license or authority from Career Destination.
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`35.
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`Career Destination has been damaged as a direct result of the infringement
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`of the ‘901 Patent. Career Destination will continue to be damaged unless further infringement
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`is enjoined.
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`36.
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`Career Destination is entitled under 35 U.S.C. § 284 to an award of
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`damages adequate to compensate Career Destination for The Ladders’ infringement of the ‘901
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`Patent. Career Destination is entitled to lost profits or, in the alternative, a reasonable royalty for
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`the infringement and use made of the invention of the ‘901 Patent by The Ladders, all together
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`with interest and costs.
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`37.
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`The Ladders continued to infringe the ‘901 Patent after being put on notice
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`by Career Destination.
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`-7-
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`Monster Worldwide, Inc. Exhibit 1028 (p.7/10)
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`Case 2:13-cv-02522-JWL-KGS Document 1 Filed 10/09/13 Page 8 of 10
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`38.
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`On information and belief, The Ladders’ past and continuing infringement
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`of the ‘438 Patent has been and continues to be deliberate and willful.
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`39.
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`The Ladders’ conduct warrants an award of treble damages pursuant to 35
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`U.S.C. § 284.
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`40. Moreover, this is an exceptional case that entitles Career Destination to an
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`award of reasonable attorney fees under 35 U.S.C. § 285.
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`WILLFUL INFRINGEMENT
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`41.
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`Career Destination Development incorporates by reference his foregoing
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`allegations as if fully set forth herein.
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`42.
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`On information and belief, The Ladders’ past and continuing infringement
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`of the ‘901 Patent has been deliberate and willful. Its conduct warrants an award of treble
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`damages pursuant to 35 U.S.C. § 284. Moreover, this is an exceptional case as set forth in 35
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`U.S.C. § 285 warranting an award of attorneys’ fees.
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`DEMAND FOR JURY TRIAL
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`Career Destination Development demands trial by jury on all issues so triable.
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`Career Destination Development designates Kansas City, Kansas as the place of trial.
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`PRAYER FOR RELIEF
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`WHEREFORE, Career Destination Development respectfully prays that this
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`Honorable Court enter relief as follows:
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`A.
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`B.
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`A judgment that The Ladders has infringed the ‘901 Patent;
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`A judgment and order permanently restraining and enjoining The Ladders
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`and its officers, directors, agents, servants, employees, attorneys, subsidiaries, affiliates, and all
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`those acting in concert with or under or through them, from making, using, selling, offering for sale,
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`-8-
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`Monster Worldwide, Inc. Exhibit 1028 (p.8/10)
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`Case 2:13-cv-02522-JWL-KGS Document 1 Filed 10/09/13 Page 9 of 10
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`or importing any systems or products that infringe one or more claims of the ‘901 Patent, or
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`otherwise directly or indirectly committing further acts of infringement of that patent;
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`C.
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`A judgment and order requiring The Ladders to pay damages to Career
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`Destination adequate to compensate it for defendant’s wrongful infringing acts in accordance with
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`35 U.S.C. § 284;
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`D.
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`A judgment and order requiring The Ladders to pay increased damages up to
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`three times, in view of their willful and deliberate infringement of the ‘901 Patent;
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`E.
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`A finding in favor of Career Destination that this is an exceptional case
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`under 35 U.S.C. § 285 and an award of Career Destination its costs, including reasonable attorneys’
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`fees and other expenses incurred in connection with this action;
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`F.
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`A judgment and order requiring defendant to pay Career Destination pre-
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`judgment interest under 35 U.S.C. § 284 and post-judgment interest under 28 U.S.C. § 1961 on all
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`damages awarded; and
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`H.
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`Such other and further relief as the Court deems just and appropriate.
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`Respectfully submitted,
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`/s/ David L. Marcus
`David L. Marcus, KS Bar No. 18034
`BARTLE & MARCUS LLC
`1100 Main Street, Suite 2730
`Kansas City, Missouri 64105
`Telephone: 816- 285-3888
`Facsimile: 816- 222-0534
`Email: dmarcus@bmlawkc.com
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`-and-
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`-9-
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`Monster Worldwide, Inc. Exhibit 1028 (p.9/10)
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`Case 2:13-cv-02522-JWL-KGS Document 1 Filed 10/09/13 Page 10 of 10
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`/s/ James J. Kernell
`James J. Kernell, KS Bar No. 19559
`ERICKSON, KERNELL, DERUSSEAU
`& KLEYPAS, LLC
`8900 State Line Road, Suite 500
`Leawood, Kansas 66206
`Telephone: 913-549-4700
`Facsimile: 913-549-4646
`E-Mail: jjk@kcpatentlaw.com
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`Attorneys for Plaintiff
`Career Destination Development, LLC
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`-10-
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`Monster Worldwide, Inc. Exhibit 1028 (p.10/10)
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