Case: 1:16-cv-02167 Document #: 24 Filed: 09/16/16 Page 1 of 16 PageID #:105
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`TALSK RESEARCH INC.,
`
`Plaintiff,
`
`v.
`
`EVERNOTE CORPORATION,
`
`
`Defendant.
`
`Case No. 1:16-cv-02167
`
`Hon. Thomas M. Durkin
`
`JURY TRIAL DEMANDED
`
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Talsk Research Inc. (“Talsk”) for its Second Amended Complaint against
`
`Defendant Evernote Corporation (“Evernote”) states as follows:
`
`NATURE OF THE ACTION
`
`1.  
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. §§ 271, 281, 283, 284 and 285.
`
`THE PARTIES
`
`2.  
`
`Talsk is a Delaware corporation with its principal place of business in Chicago,
`
`Illinois.
`
`3.  
`
`Evernote is a Delaware corporation with its principal place of business at 305
`
`Walnut Street, Redwood City, California.
`
`JURISDICTION AND VENUE
`
`4.  
`
`This Court has subject matter jurisdiction over this patent infringement action
`
`under 28 U.S.C. §§ 1331 and 1338(a).
`
`5.  
`
`This Court has personal jurisdiction over Evernote because, on information and
`
`belief, Evernote has systematic and continuous contacts with Illinois and this judicial district
`
`
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`

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`because Evernote regularly transacts business in the State of Illinois and this judicial district and
`
`it has thereby purposefully availed itself of the benefits and protections of the laws of the State of
`
`Illinois. Furthermore, this Court has personal jurisdiction over Evernote because, as described
`
`further below, Evernote has committed acts of patent infringement giving rise to this action
`
`within the State of Illinois and has thus established minimum contacts such that the exercise of
`
`personal jurisdiction over Evernote does not offend traditional notions of fair play and
`
`substantial justice.
`
`6.  
`
`7.  
`
`Venue is proper in this Judicial District under 28 U.S.C. §§ 1391 and 1400(b).
`
`THE PATENT-IN-SUIT
`
`On February 13, 2007, U.S. Patent Number 7,178,097 (the “‘097 Patent”), entitled
`
`“Method And System For Using A Communications Network To Archive And Retrieve
`
`Bibliography Information And Reference Material,” was duly and legally issued by the United
`
`States Patent and Trademark Office. A true and correct copy of the ‘097 Patent is attached as
`
`Exhibit A to this Complaint.
`
`8.  
`
`Prior to the claimed invention, as the internet continued to grow as a publishing
`
`medium, a problem developed due to the “decay” of citations in online references. See, e.g.
`
`Exhs. F, G.
`
`9.  
`
`The innovations disclosed in the ‘097 Patent, through the implementation of
`
`computer software in the context of online or electronic publishing, provide a technical solution
`
`(e.g., enabling an author of a manuscript to reference a webpage and subsequently enabling a
`
`reader of the manuscript to retrieve the referenced webpage such that retrieval returns the
`
`information as it existed when originally referenced) to the technical problem of “decay” of
`
`citations in online references. These innovations “relate[] generally to publishing and, more
`
`2
`
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`

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`particularly, to a method and system for using a communications network such as the Internet to
`
`archive and retrieve bibliography information and reference material cited in a manuscript.” (Ex.
`
`A, the ‘097 Patent at 1:9-13.) The innovative technical solution can be characterized as “using a
`
`communications network to archive and retrieve bibliography information and reference material
`
`from an Internet source such as a website cited in a manuscript” or “provid[ing] a method and
`
`system for using a communications network to archive a copy of the information from an
`
`Internet source cited in a manuscript.” (Id. at 2:57-65.)
`
`10.  
`
`Talsk is the assignee and owner of all rights, title, and interests in the ‘097 Patent,
`
`including the right to assert all causes of action arising under the ‘097 Patent and the right to any
`
`remedies for infringement of the ‘097 Patent.
`
`BACKGROUND FACTS
`
`11.  
`
`Srikrishna Talluri, also known as Krish, is the inventor of the methods disclosed
`
`in the ‘097 Patent. Mr. Talluri applied for the ‘097 Patent on November 13, 2000.
`
`12.  
`
`As of the time the ‘097 Patent issued, Mr. Talluri had founded Business One, Inc.,
`
`which practiced the ‘097 Patent by offering to sell the “RefMArc” product. As of 2012, Mr.
`
`Talluri had also founded Talsk, which also practiced the ‘097 Patent by offering to sell the
`
`“JotLingo” product.
`
`13.  
`
`JotLingo lets users take notes and save web-clips on the fly and access them from
`
`anywhere.
`
`14.  
`
`On June 8, 2012, Mr. Talluri emailed the Chief Operations Officer of Evernote,
`
`Mr. Ken Gullicksen, stating as follows: “I’m writing to inquire if Evernote would be interested in
`
`JotLingo. In addition to the innovative features we’re building, we also have patents that should
`
`3
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`

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`be of increasing importance to Evernote—in light of the technical changes you’ve been making
`
`over the past year.” (Ex. B, June 8, 2012 E-mail from Talluri to Gullicksen.)
`
`15.   Mr. Gullicksen met with Mr. Talluri on June 13, 2012.
`
`16.  
`
`On June 13, 2013, Mr. Talluri gave a presentation of JotLingo to Evernote and
`
`Mr. Gullicksen.
`
`17.  
`
`During the meeting between Mr. Talluri and Mr. Gullicksen on June 13, 2012,
`
`Mr. Gullicksen made a video recording of a portion of Mr. Talluri’s presentation of JotLingo.
`
`18.  
`
`On June 14, 2012, Mr. Talluri emailed Mr. Gullicksen, requesting that Evernote
`
`provide a copy of the video Gullicksen took of the JotLingo presentation without Mr. Talluri’s
`
`permission. (Ex. C, June 14, 2012 E-mail from Talluri to Gullicksen.)
`
`19.  
`
`In his June 14, 2012 e-mail, Mr. Talluri copied the then Chief Executive Officer
`
`of Evernote, and current Executive Chairman of Evernote, Mr. Phil Libin. (Id.)
`
`20.  
`
`Six months later, subsequent to Mr. Talluri’s meeting with, and presentation to,
`
`Evernote, Evernote made technical changes to the Evernote product and introduced Evernote
`
`Business.
`
`21.  
`
`Specifically, after meeting with Mr. Talluri and recording portions of his
`
`presentation, Evernote made technical changes and incorporated the changes its product.
`
`Evernote’s technical changes to its product copied the patented components of the JotLingo
`
`system and infringe claims of the ‘097 Patent.
`
`22.  
`
`Indeed, Evernote incorporated all key features into its product that were outlined
`
`by Mr. Talluri in his demo to Mr. Gullicksen. (Compare, Ex. D, June 13, 2012 Jotlingo
`
`PowerPoint Presentation to Evernote, with Ex. E, August 24, 2012 Evernote Blog.)
`
`COUNT I – DIRECT INFRINGEMENT OF U.S. PATENT NO. 7,178,097
`
`4
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`

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`23.  
`
`The allegations set forth in the foregoing paragraphs 1 through 22 are hereby re-
`
`alleged and incorporated by reference.
`
`24.  
`
`In violation of 35 U.S.C. §271(a), Evernote has directly infringed and continues to
`
`directly infringe, literally, and under the doctrine of equivalents, one or more claims of the ‘097
`
`Patent by making, using, offering for sale, selling, or importing the Evernote platform, including
`
`Evernote Web Clipper (the “Evernote Reference Preservation System”), in this judicial district
`
`and elsewhere in the United States (directly or through intermediaries), that perform the steps
`
`recited in at least Claims 8, 19, and 23 of the ‘097 Patent.
`
`25.  
`
`Evernote directly infringes at least Claims 8, 19, and 23 of the ‘097 Patent by
`
`performing some of the steps of the claimed methods and directing and controlling individual
`
`and corporate users of the Evernote Reference Preservation System to perform the remaining
`
`claimed steps by conditioning use of the Evernote Reference Preservation System on
`
`performance of the remaining patented steps. Evernote also directs and controls its individual
`
`and corporate users by conditioning the receipt of a benefits associated with the Evernote
`
`Reference Preservation System—in this case, using the Evernote Reference Preservation System,
`
`to archive a web site for subsequent retrieval as bibliographical information—upon performance
`
`of the remaining steps in the patented method. Evernote also establishes the manner and timing
`
`of the performance by instructing its users how to use the Evernote Reference Preservation
`
`System.
`
`26.  
`
`Users of the Evernote Reference Preservation System include corporate entities
`
`and persons, including, for example, Evernote corporate customers and agents and/or employees
`
`of Evernote’s corporate customers that use the Evernote Reference Preservation System.
`
`5
`
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`

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`27.  
`
`Evernote directly infringes by directing and controlling users of the Evernote
`
`Reference Preservation System to create manuscripts in the Evernote Reference Preservation
`
`System and then perform at least the steps recited in Claims 8, 19, and 23 of the ‘097 patent to
`
`archive reference material contained in the manuscript or bibliography of the manuscript.
`
`28.  
`
`Evernote directs and controls its individual and corporate users by conditioning
`
`use of the Evernote Reference Preservation System on performance of at least the steps recited in
`
`Claims 8, 19, and 23 of the ‘097 Patent by such users. Evernote also directs and controls its
`
`individual and corporate users by conditioning receipt of the benefits associated with
`
`the Evernote Reference Preservation System—the archival of a web site for subsequent retrieval
`
`as bibliographical information-on performance of the at least the steps recited in Claims 8, 19,
`
`and 23 of the ‘097 Patent by such users.
`
`29.  
`
`Evernote directly infringes by directing or controlling users of the Evernote
`
`Reference Preservation System to use the Evernote Reference Preservation System to author a
`
`manuscript and use a web site on the Internet as a reference for the manuscript. See, e.g.,
`
`https://evernote.com/evernote/guide/mac/#2 (last visited September 16, 2016) (advertising that
`
`users can “[u]se Evernote to create text notes”).
`
`30.  
`
`Evernote directs and controls its individual and corporate users by conditioning
`
`use of the Evernote Reference Preservation System on performance of authoring a manuscript
`
`and using a web site on the Internet as a reference of the manuscript by such users. Evernote also
`
`directs and controls its its individual and corporate users by conditioning receipt of the benefits
`
`associated with the Evernote Reference Preservation System—the archival of a web site for
`
`subsequent retrieval as bibliographical information—on performance of the patented steps by
`
`such users.
`
`6
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`

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`31.  
`
`Evernote directly infringes by directing and controlling users of the Evernote
`
`Reference Preservation System to use a first communications device (e.g., computer) that is
`
`connected to the Internet or world wide web to transmit or transfer the address or identification
`
`of the web site to an Evernote database that is connected to the Internet or world wide web such
`
`that the Evernote database obtains a copy of the web site such that the obtained website is
`
`verbatim to the website as on the Internet or world wide web at the time the user transmitted or
`
`transferred the web site address or identification to the Evernote database. See, e.g.,
`
`https://help.evernote.com/hc/en-us/articles/209125877
`
`(last visited September 15, 2016)
`
`(instructing users to “click the elephant button in [their] browser to launch Web Clipper” and
`
`“select a clip type, full-length or sections of web pages, such as news stories or research
`
`articles”).
`
`32.  
`
`Evernote directs and controls its individual and corporate users by conditioning
`
`use of the Evernote Reference Preservation System on performance of using a first
`
`communications device (e.g., computer) that is connected to the Internet or world wide web to
`
`transmit or transfer the address or identification of the web site to an Evernote database that is
`
`connected to the Internet or world wide web such by such user. Evernote also directs and
`
`controls its its individual and corporate users by conditioning receipt of the benefits associated
`
`with the Evernote Reference Preservation System—the archival of a web site for subsequent
`
`retrieval as bibliographical information—on performance of the at least the steps recited in the
`
`patented steps by such users.
`
`33.  
`
`The Evernote database obtains a copy of the web site such that the obtained
`
`website is verbatim to the website as on the Internet or world wide web at the time the user
`
`transmitted or transferred the web site address or identification to the Evernote database. See.
`
`7
`
`
`

`

`Case: 1:16-cv-02167 Document #: 24 Filed: 09/16/16 Page 8 of 16 PageID #:112
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`e.g., https://evernote.com/business/solutions/team-research/ (last visited September 15, 2016)
`
`(advertising a “browser tool to clip and web page or email so it’s available and shareable forever
`
`in Evernote”).
`
`34.  
`
`Evernote directly infringes by directing or controlling users of the Evernote
`
`Reference Preservation System to associate or assign a distinctive or unique key to the copy of
`
`the web site, which the Evernote Reference Preservation System then stores, along with the copy
`
`of
`
`the
`
`web
`
`site,
`
`at
`
`or
`
`in
`
`the
`
`Evernote
`
`database.
`
`See,
`
`e.g.,
`
`https://blog.evernote.com/blog/2012/11/16/quick-tip-friday-hyperlinking-inside-your-notes/ (last
`
`visited September 16, 2016) (instructing users how to “link directly to individual notes from
`
`anywhere”). The distinctive or unique key is an Evernote created URL that links to another note
`
`within the Evernote Reference Preservation System.
`
`35.  
`
`Evernote directs and controls its individual and corporate users by conditioning
`
`use of the Evernote Reference Preservation System on performance of associating or assigning a
`
`distinctive or unique key to the copy of the web site by such user. Evernote also directs and
`
`controls its its individual and corporate users by conditioning receipt of the benefits associated
`
`with the Evernote Reference Preservation System—the archival of a web site for subsequent
`
`retrieval as bibliographical information—on performance of the at least the steps recited in the
`
`patented steps by such users.
`
`36.  
`
`Evernote directly infringes by directing or controlling users of the Evernote
`
`Reference Preservation System to cite the website as being a reference for the manuscript, by
`
`listing identification of the web site along with the distinctive or unique key in the manuscript or
`
`bibliography of the manuscript.
`
`8
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`

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`37.  
`
`Evernote directs and controls its individual and corporate users by conditioning
`
`use of the Evernote Reference Preservation System on performance of citing the website as being
`
`a reference for the manuscript, by listing identification of the web site along with the distinctive
`
`or unique key in the manuscript or bibliography of the manuscript by such users. Evernote also
`
`directs and controls its its individual and corporate users by conditioning receipt of the benefits
`
`associated with the Evernote Reference Preservation System—the archival of a web site for
`
`subsequent retrieval as bibliographical information—on performance of the patented steps by
`
`such users.
`
`38.  
`
`Evernote directly infringes by directing or controlling users of the Evernote
`
`Reference Preservation System who are viewing the manuscript, to obtain the distinctive or
`
`unique key from the manuscript or bibliography of the manuscript and then transmitting the
`
`distinctive or unique key to the Evernote database using a second communications devices (e.g.,
`
`a computer) connected to the Internet or world wide web in order to request a copy of the web
`
`site that is verbatim to the web site as on the Internet or world wide web at the time another user
`
`of the Evernote Reference Preservation System transmitted or transferred the web site address or
`
`identification to the Evernote database. See, e.g., id. (“In-App Note Links also known as ‘Classic
`
`Note Links’ are used to reference a note in Evernote clients like when notes are linked to from
`
`within other notes and to open notes in a Evernote client in situations were it is known that the
`
`user already has access to the note”).
`
`39.  
`
`Evernote directs and controls its individual and corporate users by conditioning
`
`use of the Evernote Reference Preservation System on performance of obtaining the distinctive
`
`or unique key from the manuscript or bibliography of the manuscript and then transmitting the
`
`distinctive or unique key to the Evernote database using a second communications devices (e.g.,
`
`9
`
`
`

`

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`a computer) connected to the Internet or world wide web in order to request a copy of the web
`
`site that is verbatim to the web site as on the Internet or world wide web at the time another user
`
`of the Evernote Reference Preservation System transmitted or transferred the web site address or
`
`identification to the Evernote database by such users. Evernote also directs and controls its its
`
`individual and corporate users by conditioning receipt of the benefits associated with the
`
`Evernote Reference Preservation System—the archival of a web site for subsequent retrieval as
`
`bibliographical information—on performance of the patented steps by such users.
`
`40.  
`
`Evernote directly infringes dependent Claim 9 of the ‘097 Patent by storing an
`
`immutable
`
`copy
`
`of
`
`the web
`
`site
`
`in
`
`the Evernote Database.
`
`See.
`
`e.g.,
`
`https://evernote.com/business/solutions/team-research/
`
` (last visited September 15, 2016)
`
`(advertising a “browser tool to clip and web page or email so it’s available and shareable forever
`
`in Evernote”).
`
`41.  
`
`Evernote directly infringes dependent Claim 14 of the ‘097 Patent by directing or
`
`controlling users of the Evernote Reference Preservation System to use an e-mail as a reference
`
`for the manuscript, the user transmitting a copy of the e-mail to the Evernote database using the
`
`first communications device for storage of the copy of the e-mail by the database, and the
`
`database transmitting a copy of the e-mail to the audience via the Internet and the second
`
`communications device in response to the database receiving a request for a copy of the e-mail
`
`from the audience. See, e.g., https://evernote.com/business/solutions/team-research/
`
` (last
`
`visited September 15, 2016) (advertising a “browser tool to clip and web page or email so that
`
`it’s available and shareable forever in Evernote”).
`
`42.  
`
`Evernote directs and controls its individual and corporate users by conditioning
`
`use of the Evernote Reference Preservation System on performance of using an e-mail as a
`
`10
`
`
`

`

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`reference for the manuscript and transmitting a copy of the e-mail to the Evernote database using
`
`the first communications device for storage of the copy of the e-mail by the database by such
`
`user, and the database transmitting a copy of the e-mail to the audience via the Internet and the
`
`second communications device in response to the database receiving a request for a copy of the
`
`e-mail from the audience. Evernote also directs and controls its its individual and corporate users
`
`by conditioning receipt of the benefits associated with the Evernote Reference Preservation
`
`System—the archival of a web site for subsequent retrieval as bibliographical information—
`
`on performance of the patented steps by such users.
`
`43.  
`
`Evernote directly infringes dependent Claim 15 of the ‘097 Patent by directing or
`
`controlling users of the Evernote Reference Preservation System to use a digital file as a
`
`reference for the manuscript, the user transmitting a copy of the digital file to the Evernote
`
`database using the first communications device for storage of the copy of the digital file by the
`
`database, and the database transmitting a copy of the digital file to the audience via the Internet
`
`and the second communications device in response to the database receiving a request for a copy
`
`of
`
`the digital
`
`file
`
`from
`
`the audience. See, e.g., https://help.evernote.com/hc/en-
`
`us/articles/209125877 (last visited September 15, 2016) (describing Evernote Web Clipper as “a
`
`simple extension for your web browser that lets you capture full-page articles, images, selected
`
`text, important emails, and any web page that inspires you”).
`
`44.  
`
`Evernote directs and controls its individual and corporate users by conditioning
`
`use of the Evernote Reference Preservation System on performance of using a digital file as a
`
`reference for the manuscript and transmitting a copy of the digital file to the Evernote database
`
`using the first communications device for storage of the copy of the digital file by the database
`
`by such user, and the database transmitting a copy of the digital file to the audience via the
`
`11
`
`
`

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`Internet and the second communications device in response to the database receiving a request
`
`for a copy of the digital file from the audience. Evernote also directs and controls its its
`
`individual and corporate users by conditioning receipt of the benefits associated with
`
`the Evernote Reference Preservation System—the archival of a web site for subsequent retrieval
`
`as bibliographical information—on performance of the patented steps by such users.
`
`45.  
`
`Evernote directly infringes dependent Claim 24 of the ‘097 Patent by directing or
`
`controlling users of the Evernote Reference Preservation System to access the Internet to located
`
`the web site prior to citing the web site in the manuscript.
`
`46.  
`
`Evernote directs and controls its individual and corporate users by conditioning
`
`use of the Evernote Reference Preservation System on performance of accessing the Internet to
`
`located the web site prior to citing the web site in the manuscript by such user. Evernote also
`
`directs and controls its its individual and corporate users by conditioning receipt of the benefits
`
`associated the with Evernote Reference Preservation System—the archival of a web site for
`
`subsequent retrieval as bibliographical information—on performance of the patented steps by
`
`such users.
`
`47.  
`
`Evernote’s infringement has injured or will continue to injure Talsk and Talsk is
`
`entitled to recover damages adequate to compensate it for Evernote’s infringement, which in no
`
`event can be less than a reasonable royalty.
`
`48.  
`
`Talsk is entitled to damages in accordance with 35 U.S.C. §§ 271, 281, 284, and
`
`287.
`
`COUNT II – INDIRECT INFRINGEMENT OF U.S. PATENT NO. 7,178,097
`
`49.  
`
`The allegations set forth in the foregoing paragraphs 1 through 48 are hereby re-
`
`alleged and incorporated by reference.
`
`12
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`
`50.  
`
`In violation of 35 U.S.C. §271(b), Evernote has induced and continues to induce
`
`its corporate customers to use the Evernote Reference Preservation System in a manner to
`
`infringe at least Claims 8, 19, and 23 of the ‘097 Patent.
`
`51.  
`
`Evernote induces its corporate users to infringe at least Claims 8, 19, and 23 of
`
`the ‘097 Patent by instructing its corporate users how use the Evernote Reference Preservation
`
`System in an infringing manner through advertising and instructions available on the Evernote
`
`web site. See, e.g., https://help.evernote.com/hc/en-us/articles/209125877-Quick-start (last
`
`visited September 15, 2016) (advertising that Web Clipper is a “simple extension for [a] web
`
`browser that lets [the user] capture full-page articles, images, selected text, important emails, and
`
`any web page that inspired [the user]”).
`
`52.  
`
`Additionally, upon information and belief, Evernote provides training and training
`
`material that instruct its corporate users on how to use the Evernote Reference Preservation
`
`System in an infringing manner.
`
`53.  
`
`Evernote induces its corporate users to use the Evernote Reference Preservation
`
`System to author a manuscript and use a web site on the Internet as a reference for the
`
`manuscript through advertising and instructions available on the Evernote web site. See, e.g.,
`
`https://evernote.com/evernote/guide/mac/#2 (last visited September 16, 2016) (advertising that
`
`users can “[u]se Evernote to create text notes”).
`
`54.  
`
`Evernote induces its corporate users to use the Evernote Reference Preservation
`
`System to use a first communications device (e.g., computer) that is connected to the Internet or
`
`world wide web to transmit or transfer the address or identification of the web site to an Evernote
`
`database that is connected to the Internet or world wide web, such that the Evernote database
`
`obtains a copy of the web site, wherein that the obtained website is verbatim to the website as on
`
`13
`
`
`

`

`Case: 1:16-cv-02167 Document #: 24 Filed: 09/16/16 Page 14 of 16 PageID #:118
`
`the Internet or world wide web at the time the user transmitted or transferred the web site address
`
`or
`
`identification
`
`to
`
`the Evernote database. See, e.g., https://help.evernote.com/hc/en-
`
`us/articles/209125877 (last visited September 15, 2016) (instructing users to “click the elephant
`
`button in [their] browser to launch Web Clipper”).
`
`55.  
`
`Evernote induces its corporate users to use the Evernote Reference Preservation
`
`System to associate or assign a distinctive or unique key to the copy of the web site, which the
`
`Evernote Reference Preservation System then stores, along with the copy of the web site, at or in
`
`the Evernote database. See, e.g., https://blog.evernote.com/blog/2012/11/16/quick-tip-friday-
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`hyperlinking-inside-your-notes/ (last visited September 16, 2016) (instructing users how to “link
`
`directly to individual notes from anywhere”). The distinctive or unique key is an Evernote
`
`created URL that links to another note within the Evernote Reference Preservation System.
`
`56.  
`
`Evernote induces its corporate users to use the Evernote Reference Preservation
`
`System to cite the website as being a reference for the manuscript, by listing identification of the
`
`web site along with or without the distinctive or unique key in the manuscript or bibliography of
`
`the manuscript.
`
`57.  
`
`Evernote induces its corporate users, to use Evernote Reference Preservation
`
`System to obtain the distinctive or unique key from the manuscript or bibliography of the
`
`manuscript and then transmitting the distinctive or unique key to the Evernote database using a
`
`second communications devices (e.g., a computer) connected to the Internet or world wide web
`
`in order to request a copy of the web site that is verbatim to the web site as on the Internet or
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`world wide web at the time another user of the Evernote Reference Preservation System
`
`transmitted or transferred the web site address or identification to the Evernote database. See,
`
`e.g., id. (“In-App Note Links also known as ‘Classic Note Links’ are used to reference a note in
`
`14
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`

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`Case: 1:16-cv-02167 Document #: 24 Filed: 09/16/16 Page 15 of 16 PageID #:119
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`Evernote clients like when notes are linked to from within other notes and to open notes in a
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`Evernote client in situations were it is known that the user already has access to the note.”)
`
`58.  
`
`Evernote has induced, and still is inducing, the infringement of the ‘097 Patent in
`
`this District and elsewhere by marketing, promoting, soliciting, importing, offering for sale,
`
`selling and distributing the Evernote Reference Preservation System, that when used as intended
`
`and directed by Evernote, infringes at Claims 8, 19, and 23 of the ‘097 Patent, either literally or
`
`under the doctrine of equivalents.
`
`59.  
`
`Evernote’s infringement has injured or will continue to injure Talsk and Talsk is
`
`entitled to recover damages adequate to compensate it for Evernote’s infringement, which in no
`
`event can be less than a reasonable royalty.
`
`60.  
`
`Talsk is entitled to damages in accordance with 35 U.S.C. §§ 271, 281, 284, and
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`287.
`
`JURY DEMAND
`
`Plaintiff Talsk Research, Inc. hereby requests a trial by jury pursuant to Rule 38 of the
`
`Federal Rules of Civil Procedure.
`
`PRAYER FOR RELIEF
`
`
`
`Plaintiff Talsk Research, Inc. respectfully requests that the Court find in its favor and
`
`against Defendant Evernote Corporation, and that the Court grant Plaintiff the following relief:
`
`A.  
`
`B.  
`
`C.  
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`an adjudication that Defendant has infringed the ‘097 Patent;
`
`a finding that Defendant’s infringement has been willful;
`
`an award of damages to be paid by Defendant adequate to compensate Plaintiff
`
`for Defendant’s past infringement of the’097 Patent, and any continuing or future
`
`infringement through the date such judgment is entered, including prejudgment
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`15
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`

`

`Case: 1:16-cv-02167 Document #: 24 Filed: 09/16/16 Page 16 of 16 PageID #:120
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`and post-judgment interest, costs, expenses and an accounting of all infringing
`
`acts including, but not limited to, those acts not presented at trial;
`
`D.  
`
`E.  
`
`an award of treble damages;
`
`a finding that this case is “exceptional” under 35 U.S.C. § 285 and awarding
`
`Plaintiff its expenses and attorneys’ fees incurred in bringing and prosecuting this
`
`action; and,
`
`F.  
`
`an award to Plaintiff of such further relief at law or in equity as the Court deems
`
`just and proper, including, but not limited to costs, fees, expenses, and/or interest.
`
`
`
`Dated: September 16, 2016
`
`Respectfully submitted,
`
`
`
`/s/ William C. Spence
`William Cory Spence
`SPENCE, P.C.
`405 N. Wabash Ave., Suite P2E
`Chicago, Illinois 60611
`312-704-8882
`William.Spence@spencepc.com
`Counsel for Plaintiff
` Talsk Research, Inc.
`
`16
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