Case: 1:13-cv-00399 Document #: 1 Filed: 01/17/13 Page 1 of 4 PageID #:1
`
`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`DUNNHUMBY USA, LLC and
`DUNNHUMBY LIMITED,
`
`Plaintiffs,
`
`v.
`
`EMNOS USA CORP.,
`
`Defendant.
`
`Case No. 13-cv-399
`
`COMPLAINT
`
`DEMAND FOR JURY TRIAL
`
`Plaintiffs dunnhumby USA, LLC and dunnhumby Limited (collectively "dunnhumby"),
`
`for their complaint against Defendant emnos USA Corp. ("emnos USA"), state and allege as
`
`follows:
`
`INTRODUCTION
`
`1.
`
`This is an action for patent infringement arising out of the unauthorized inclusion
`
`of dunnhumby' s patented methods and systems in emnos USA's ANALYZER tool.
`
`PARTIES
`
`2.
`
`dunnhumby USA, LLC is an Ohio limited liability company with its principal
`
`place of business at 444 West 3rd Street, Cincinnati, Ohio 45202.
`
`3.
`
`dunnhumby Limited is a corporation of the United Kingdom with its principal
`
`place of business at 71-75 Uxbridge Road, Aurora House, London, UK W5 5SL.
`
`4.
`
`emnos USA is a Delaware corporation that is located at 300 N. LaSalle, Suite
`
`5575 Chicago, Illinois 60654 and that conducts business in this judicial district.
`
`JURISDICTION
`
`5.
`
`This Court has subject matter jurisdiction over dunnhumby's patent infringement
`
`claims under 28 U.S.C. § 1338(a) because these claims arise under Acts of Congress relating to
`
`patents including, but not limited to, 35 U.S.C. §§ 271(a)-(c), 281, and 283-285.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`DUNNHUMBY USA, LLC and
`DUNNHUMBY LIMITED,
`
`Plaintiffs,
`
`v.
`
`EMNOS USA CORP.,
`
`Defendant.
`
`Case No. 13-cv-399
`
`COMPLAINT
`
`DEMAND FOR JURY TRIAL
`
`Plaintiffs dunnhumby USA, LLC and dunnhumby Limited (collectively "dunnhumby"),
`
`for their complaint against Defendant emnos USA Corp. ("emnos USA"), state and allege as
`
`follows:
`
`INTRODUCTION
`
`1.
`
`This is an action for patent infringement arising out of the unauthorized inclusion
`
`of dunnhumby' s patented methods and systems in emnos USA's ANALYZER tool.
`
`PARTIES
`
`2.
`
`dunnhumby USA, LLC is an Ohio limited liability company with its principal
`
`place of business at 444 West 3rd Street, Cincinnati, Ohio 45202.
`
`3.
`
`dunnhumby Limited is a corporation of the United Kingdom with its principal
`
`place of business at 71-75 Uxbridge Road, Aurora House, London, UK W5 5SL.
`
`4.
`
`emnos USA is a Delaware corporation that is located at 300 N. LaSalle, Suite
`
`5575 Chicago, Illinois 60654 and that conducts business in this judicial district.
`
`JURISDICTION
`
`5.
`
`This Court has subject matter jurisdiction over dunnhumby's patent infringement
`
`claims under 28 U.S.C. § 1338(a) because these claims arise under Acts of Congress relating to
`
`patents including, but not limited to, 35 U.S.C. §§ 271(a)-(c), 281, and 283-285.
`
`
`
`Case: 1:13-cv-00399 Document #: 1 Filed: 01/17/13 Page 2 of 4 PageID #:2
`
`6.
`
`This Court has personal jurisdiction over emnos USA because emnos USA
`
`resides in Illinois and conducts its principal operations in Illinois.
`
`7.
`
`Venue is proper in this district under 28 U.S.C. § 1391(b) and§ 1400(b).
`
`FACTUAL BACKGROUND
`
`8.
`
`On July 3, 2012, the U.S. Patent and Trademark Office duly and legally issued
`
`U.S. Patent No. 8,214,246 ("the '246 Patent"), titled "Method for Performing Retail Sales
`
`Analysis." A copy of the '246 Patent is attached as Exhibit 1.
`
`9.
`
`dunnhumby Limited is the owner by assignment of all right, title, and interest in
`
`and to the '246 Patent.
`
`10.
`
`11.
`
`dunnhumby USA, LLC is a licensee of the '246 Patent.
`
`On information and belief, emnos USA has infringed and continues to infringe,
`
`has actively induced and currently is actively inducing others to infringe, and/or has
`
`contributorily infringed and currently is contributorily infringing claims of the '246 Patent in the
`
`United States by making, using, offering for sale, and selling products that are covered by claims
`
`of the '246 Patent.
`
`12. More specifically, emnos USA makes, uses, sells, offers to sell, supplies, and/or
`
`causes to be supplied to end users at least its emnos ANALYZER, which performs the methods
`
`and systems disclosed and claimed in the '246 Patent.
`
`13.
`
`At least emnos USA's ANALYZER directly and/or indirectly infringes claims of
`
`the '246 Patent.
`
`14.
`
`emnos USA's infringement of claims of the '246 Patent has injured dunnhumby
`
`and will cause irreparable injury in the future unless emnos USA is enjoined from further
`
`infringing claims of the patent.
`
`FIRST CLAIM FOR RELIEF
`
`15.
`
`dunnhumby incorporates the foregoing paragraphs by reference as though fully
`
`set forth herein.
`
`16.
`
`emnos USA has infringed and continues to infringe--directly, contributorily,
`
`
`
`Case: 1:13-cv-00399 Document #: 1 Filed: 01/17/13 Page 3 of 4 PageID #:3
`
`and/or by active inducement--claims of the '246 Patent, by making, importing, offering to sell,
`
`selling, supplying, causing to be supplied, using, and/or causing to be used, in or into the United
`
`States, devices and/or systems that embody or practice the inventions claimed in the '246 Patent.
`
`The products that embody the inventions claimed in the '246 Patent include at least emnos
`
`USA's ANALYZER.
`
`17.
`
`The infringement by emnos USA has injured and continues to injure dunnhumby
`
`and will cause irreparable harm unless emnos USA is enjoined from infringing claims of the
`
`'246 Patent.
`
`18.
`
`dunnhumby has complied with the statutory requirement of giving notice of the
`
`'246 Patent to emnos USA at least by filing this lawsuit and providing emnos USA a copy of this
`
`complaint.
`
`WHEREFORE, Plaintiff dunnhumby prays for the following judgment and relief:
`
`a.
`
`b.
`
`that emnos USA has infringed claims of the '246 Patent;
`
`that dunnhumby is entitled to temporary and permanent injunctions enjoining
`
`emnos USA and its agents, servants, officers, directors, employees, and persons or entities acting
`
`in concert with emnos USA from infringing directly or indirectly, inducing others to infringe,
`
`and/or contributing to the infringement of claims of the '246 Patent;
`
`c.
`
`that emnos USA account for and pay to dunnhumby the damages to which it is
`
`entitled as a consequence of emnos USA's continued infringement following the period of
`
`infringement established by dunnhumby at trial;
`
`d.
`
`e.
`
`that dunnhumby is entitled to interest and costs; and
`
`any other relief that the Court finds just and equitable.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff dunnhumby demands a jury trial on all issues so triable.
`
`
`
`Case: 1:13-cv-00399 Document #: 1 Filed: 01/17/13 Page 4 of 4 PageID #:4
`
`Dated: January 17, 2013
`
`Is/Katharine E. Heitman
`Katharine E. Heitman
`
`Kevin W. Kirsch
`David A. Mancino
`John F. Bennett
`Scott R. Stanley
`BAKER & HOSTETLER LLP
`312 Walnut Street, Suite 3200
`Cincinnati, OH 45202-4074
`Telephone:
`(513) 929-3499
`Facsimile:
`(513) 929-0303
`kkirsch@bakerlaw.com
`dmancino@bakerlaw.com
`jbennett@bakerlaw.com
`sstanley@bakerlaw.com
`
`Katharine E. Heitman
`BAKER & HOSTETLER LLP
`191 North Wacker Drive, Suite 3100
`Chicago, IL 60606-1901
`Telephone:
`(312) 416-6236
`Facsimile:
`(312) 416-3201
`kheitman@bakerlaw.com
`
`ATTORNEYS FOR PLAINTIFFS
`DUNNHUMBY USA, LLC AND
`DUNNHUMBY LIMITED.
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