IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`
`MARSHALL DIVISION
`
`CARDSOFT (ASSIGNMENT FOR
`THE BENEFIT OF CREDITORS),
`LLC,
`
`Plaintiff,
`
`v.
`
`FIRST DATA CORPORATION
`
`Defendant.
`
`WWWWWWWWWWW
`
`Civil Action No. 2:13-cv-290
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff CARDSOFT (Assignment for the Benefit of Creditors), LLC (“CardSoft”) for its
`
`Complaint against Defendant, FIRST DATA CORPORATION (“First Data” or “Defendant”),
`
`hereby alleges:
`
`THE PARTIES
`
`1.
`
`Plaintiff CardSoft (Assignment for the Benefit of Creditors), LLC is a limited
`
`liability corporation duly organized and existing under the laws of the state of California with a
`
`principal place of business at 1100 La Avenida Street, Bldg. A, Mountain View, California
`
`94043, United States of America.
`
`2.
`
`Upon information and belief, Defendant First Data is a limited liability company
`
`duly organized and existing under the laws of the state of Delaware with a principal place of
`
`business at 5565 Glenridge Connector, N.E., Suite 2000, Atlanta, Georgia 30342, United States
`
`of America.
`
`Petitioner First Data - Exhibit 1007 - Page 1
`
`

`

`w
`
`3.
`
`This Court has jurisdiction over the subject matter of this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United States,
`
`including 35 U.S.C. § 271 et seq.
`
`4.
`
`This Court has personal jurisdiction over Defendant in that Defendant has
`
`manufactured, sold and/or offered for sale, and/or aided and abetted others in making, selling
`
`and/or offering for sale, electronic point-of-sale (“ePOS”) terminals and equipment solutions, as
`
`well as Mobile Payment solutions (including, for example and without limitation, First Data
`
`SourceConnect TSM and First Data uCommerce Solutions), which are used, offered for sale,
`
`sold, and have been purchased in Texas, including in this judicial district. This Court also has
`
`personal jurisdiction over Defendant in that Defendant has established sufficient minimum
`
`contacts with this judicial district as a result of business conducted within the State of Texas and
`
`within this judicial district. The exercise ofjurisdiction over Defendant would not offend
`
`traditional notions of fair play and substantial justice.
`
`VENUE
`
`5.
`
`Defendant does business in this district, including providing ePOS terminals and
`
`Mobile Payment solutions, which are used, offered for sale, sold, and have been purchased in
`
`Texas, including in this judicial district. Venue is proper in this district pursuant to 28 U.S.C. §§
`
`1331, 1338(a), 1391(b), (c) and (d) and 1400(b).
`
`INFRINGEMENT OF U.S. PATENT NO. 6,934,945
`
`6.
`
`On August 23, 2005, United States Patent No. 6,934,945 (“the ’945 patent”) for a
`
`“Method and Apparatus for Controlling Communications” was duly and legally issued to Ian
`
`Charles Ogilvy. All rights and interest in the ’945 patent have been assigned to the plaintiff,
`
`CardSoft. A true and correct copy of the ’945 patent is attached hereto as Exhibit A.
`
`Petitioner First Data - Exhibit 1007 - Page 2
`
`

`

`7.
`
`Upon information and belief, Defendant First Data has infringed and continues to
`
`infringe the ’945 patent. The infringing acts include at least the manufacture, use, sale and/or
`
`offer for sale of ePOS terminals and equipment solutions and Mobile Payment solutions
`
`(including, for example and without limitation, First Data SourceConnect TSM and First Data
`
`uCommerce Solutions), and/or inducing and contributing to the manufacture, use, sale and/or
`
`offer for sale of ePOS terminals and equipment solutions and Mobile Payment solutions
`
`(including, for example and without limitation, First Data SourceConnect TSM and First Data
`
`uCommerce Solutions). First Data is liable for infringement of the ’945 patent pursuant to 35
`
`U.S.C. § 271 et seq.
`
`8.
`
`On June 8, 2012, after a jury trial involving the ‘945 patent, a jury rendered its verdict in
`the case in this district captioned CardSoft Inc. et al. v. VeriFone Holdings, INc. et al. (08-
`0098)(RSP). The jury held that the ‘945 patent was valid and infringed by Hypercom
`Corporation, VeriFone Holdings, Inc. and VeriFone, Inc. The VeriFone products that were held
`to infringe the ‘945 patent are listed below:
`
`VeriFone S stems, Inc. and VeriFone, Inc.
`
`830 and MX 850 and MX 860 and MX 870 and MX 880)
`
`VX 800, VX 810, VX 810 Duet, VX 810 Pinpad, VX 820, VX 820 Duet, VX 700, VX 610, VX 670,
`Vx 680, Vx 570, Vx 510, Vx 510 GPRS, Vx 510 Ethernet, Vx 510 LE and Vx 520); V5
`terminal;, Omni 3300, Omni 3300 SE, Omni 3350, Omni 3600, Omni 3600G, Omni 3705, Omni
`3710, Omni 3730, Omni 3740 and Omni 3750; the MX family of terminals (including the MX
`
`Since June 8, 2012, First Data has continued to sell VeriFone products listed
`9.
`above that have been adjudicated to infringe the ‘945 patent, including but not limited to:
`VeriFone’s Omni 3730, Omni 3750, VX610, VX570 and VX510. These acts represent
`willful patent infringement by First Data for which Cardsoft is entitled to damages.
`
`8.
`
`First Data’s acts of infringement have caused damage to CardSoft, and CardSoft
`
`is entitled to recover from First Data the damages sustained by CardSoft as a result of First
`
`Data’s wrongful acts in an amount subject to proof at trial. First Data’s infringement of
`
`CardSoft’s rights under the ’945 patent continues to cause damage to CardSoft’s business.
`
`Petitioner First Data - Exhibit 1007 - Page 3
`
`

`

`9.
`
`Upon information and belief, First Data’s infringement of the ’945 patent has
`
`been and continues to be willful and deliberate. As a result, CardSoft is entitled to increased
`
`damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this
`
`action under 35 U.S.C. § 285.
`
`INFRINGEMENT OF U.S. PATENT NO. 7 302 683
`
`10.
`
`On November 27, 2007, United States Patent No. 7,302,683 (“the ’683 patent”)
`
`for a “Method and Apparatus for Controlling Communications” was duly and legally issued to
`
`Ian Charles Ogilvy. All rights and interest in the ’683 patent have been assigned to the plaintiff,
`
`CardSoft. A true and correct copy of the ’683 patent is attached hereto as Exhibit B.
`
`11.
`
`Upon information and belief, First Data has infringed and continues to infringe
`
`the ’683 patent. The infringing acts include at least the manufacture, use, sale and/or offer for
`
`sale of ePOS terminals and equipment solutions and Mobile Payment solutions (including, for
`
`example and without limitation, First Data SourceConnect TSM and First Data uCommerce
`
`Solutions), and/or inducing and contributing to the manufacture, use, sale and/or offer for sale of
`
`ePOS terminals and equipment solutions and Mobile Payment solutions (including, for example
`
`and without limitation, First Data SourceConnect TSM and First Data uCommerce Solutions).
`
`First Data is liable for infringement of the ’683 patent pursuant to 35 U.S.C. § 271 et seq.
`
`On June 8, 2012, after a jury trial involving the ‘683 patent, a jury rendered its
`12.
`verdict in the case in this district captioned CardSoft Inc. et al. v. VeriFone Holdings, Inc. et al.
`(08-0098)(RSP). The jury held that the ‘683 patent was valid and infringed by Hypercom
`Corporation, VeriFone Holdings, Inc. and VeriFone, Inc. The VeriFone products that were held
`to infiinge the ‘683 patent are listed below:
`
`VeriFone S stems, Inc. and VeriFone, Inc.
`
`terminal;, Omni 3300, Omni 3300 SE, Omni 3350, Omni 3600, Omni 3600G, Omni 3705, Omni
`
`Vx 800, Vx 810, Vx 810 Duet, Vx 810 Pinpad, Vx 820, Vx 820 Duet, Vx 700, Vx 610, Vx 670,
`Vx 680, Vx 570, Vx 510, Vx 510 GPRS, Vx 510 Ethernet, Vx 510 LE and Vx 520); V5
`
`Petitioner First Data - Exhibit 1007 - Page 4
`
`

`

`3710, Omni 3730, Omni 3740 and Omni 3750; the MX family of terminals (including the MX
`830 and MX 850 and MX 860 and MX 870 and MX 880)
`
`Since June 8, 2012, First Data has continued to sell VeriFone products listed
`9.
`above that have been adjudicated to infringe the ‘683 patent, including but not limited to:
`VeriFone’s Omni 3730, Omni 3750, VX610, VX570 and VX510. These acts represent
`willful patent infringement by First Data for which Cardsoft is entitled to damages.
`
`12.
`
`First Data’s acts of infringement have caused damage to CardSoft, and CardSoft
`
`is entitled to recover from First Data the damages sustained by CardSoft as a result of First
`
`Data’s wrongful acts in an amount subject to proof at trial. First Data’s infringement of
`
`CardSoft’s rights under the ’683 patent continues to cause damage to CardSoft’s business.
`
`13.
`
`Upon information and belief, First Data’s infringement of the ’683 patent has
`
`been and continues to be willful and deliberate. As a result, CardSoft is entitled to increased
`
`damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this
`
`action under 35 U.S.C. § 285.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, CardSoft prays for judgment and seeks relief against the Defendant as
`
`follows:
`
`(a)
`
`For judgment that the claims of the ’945 patent and the ’683 patent have been
`
`and/or continue to be infringed by such Defendant;
`
`(b)
`
`For an accounting of all damages sustained by CardSoft as the result of such
`
`Defendant’s acts of infiingement;
`
`(c)
`
`For actual damages together with, prejudgment interest, according to proof;
`
`((1)
`
`For enhanced damages pursuant to 35 U.S.C. § 284;
`
`(e)
`
`For an award of attorneys’ fees pursuant to 35 U.S.C. § 285 or as otherwise
`
`permitted by law;
`
`(f)
`
`For all costs of suit; and
`
`(g)
`
`For such other and further relief as the Court may deem just and proper.
`
`Petitioner First Data - Exhibit 1007 - Page 5
`
`

`

`Date: April 22, 2013
`
`Respectfully submitted:
`
`
`By: /s/ William E. Davis 111
`William E. Davis, 111
`Texas State Bar No. 24047416
`
`THE DAVIS FIRM, PC
`111 West Tyler Street
`Longview, Texas 75601
`Telephone: (903) 230-9090
`Facsimile: (903) 230-9661
`Email: bdavis@bdavisfi1m.com
`
`ATTORNEY FOR PLAINTIFF
`
`CARDSOFT (ASSIGNMENT FOR BENEFIT
`OF CREDITORS), LLC
`
`Petitioner First Data - Exhibit 1007 - Page 6
`
`