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`Merrill Communications LLC
`d/b/a Merrill Corporation
`Exhibit 1012
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`Case 1:17-cv-00933-RGA Document 1 Filed 07/11/17 Page 1 of 8 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`MATTRESS FIRM HOLDING CORP.,
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`Plaintiffs,
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`v.
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`Defendant.
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`Civil Action No.:
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`JURY TRIAL DEMANDED
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`COMPLAINT
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`Plaintiffs, e-Numerate Solutions, Inc. (“ESI”) and e-Numerate, LLC, bring this action
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`against Defendant Mattress Firm Holding Corp. (“Mattress Firm”) and allege the following:
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`THE PARTIES
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`1.
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`Plaintiff ESI is a corporation organized and existing under the laws of the State of
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`Delaware with its principal place of business located in Great Falls, VA.
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`2.
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`Plaintiff e-Numerate, LLC is a limited liability corporation organized and existing
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`under the laws of Delaware with its principal place of business located in Reston, VA.
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`3.
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`ESI is the owner of record and assignee of United States Patents 7,650,355 (“the
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`‘355 patent”); 8,185,816 (“the ‘816 patent”); 9,262,383 (“the ‘383 patent”); and 9,268,748 (“the
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`‘748 patent”) (collectively, “the Asserted Patents”).
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`4.
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`Plaintiff e-Numerate, LLC is the exclusive licensee of the Asserted Patents and
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`has the exclusive right to pursue this lawsuit based on infringement of the Asserted Patents.
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`5.
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`Defendant Mattress Firm is a corporation organized and existing under the laws of
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`the State of Delaware with its principal place of business at 5815 Gulf Freeway, Houston, TX
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`
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`Case 1:17-cv-00933-RGA Document 1 Filed 07/11/17 Page 2 of 8 PageID #: 2
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`77023. Mattress Firm’s agent for service of process is The Corporation Trust Company,
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`Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801.
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`JURISDICTION AND VENUE
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`6.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. § 271, et seq.
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`7.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`8.
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`This Court has personal jurisdiction over Defendant Mattress Firm since
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`Defendant Mattress Firm is a Delaware corporation and Defendant Mattress Firm has regularly
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`transacted business in this judicial district, directly or through intermediaries including various
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`Mattress Firm subsidiaries. On information and belief, Defendant Mattress Firm or its
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`subsidiaries operate multiple retail outlets within Delaware.
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`9.
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`Venue in this district is proper pursuant to 28 U.S.C. §§ 1391(c) and (d), and
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`1400(b).
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`BACKGROUND
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`10.
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`Inventor Russell T. Davis pioneered several inventions related to Reusable Data
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`Markup Language including, but not limited to, the Asserted Patents.
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`11. Mattress Firm uses the eXtensible Business Reporting Language standard to
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`routinely file documents with, inter alia, the Securities and Exchange Commission (“SEC”). An
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`example of a Mattress Firm SEC filing is located at:
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`https://www.sec.gov/Archives/edgar/data/1419852/000141985216000022/0001419852-16-
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`000022-index.htm
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`2
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`Case 1:17-cv-00933-RGA Document 1 Filed 07/11/17 Page 3 of 8 PageID #: 3
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`COUNT I: INFRINGEMENT OF THE U.S. PATENT 7,650,355
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`12.
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`Plaintiffs re-allege and incorporate by reference the prior paragraphs 1 through 11
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`of this Complaint, as if fully set forth herein.
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`13.
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`On January 19, 2010, U.S. Patent No. 7,650,355 was duly and legally issued to
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`Russell T. Davis as the inventor thereof. A true and correct copy of the ‘355 Patent, which is
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`entitled “Reusable Macro Markup Language”, is attached hereto as Exhibit A.
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`14.
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`Upon information and belief, Defendant Mattress Firm has infringed the ‘355
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`Patent in violation of 35 U.S.C. § 271(a) by using the patented invention to, inter alia, prepare
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`and file multiple XBRL-compliant filings. This includes practicing the method set forth in
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`claim 1 of the ‘355 patent; using a system as claimed in claim 27 of the ‘355 patent; using a
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`computer readable medium as set forth in claim 28 of the ‘355 patent; and using a system as set
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`forth in claim 54 of the ‘355 patent. An Infringement Chart detailing the infringement by
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`Defendant Mattress Firm of Claims 1, 27, 28 and 54 of the ‘355 Patent is attached hereto as
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`Exhibit B.
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`15.
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`Defendant Mattress Firm has had knowledge of the ‘355 patent at least as early as
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`August 18, 2016, by virtue of a letter sent from William Diefenderfer, ESI’s Vice-Chairman &
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`Co-Founder, to Ms. Kindel L. Elam, the General Counsel of Mattress Firm Holdings.
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`16.
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`Upon information and belief, Mattress Firm’s infringement has been and
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`continues to be willful.
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`17.
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`Plaintiffs are entitled to recover damages as a result of Mattress Firm’s acts of
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`infringement of the ‘355 Patent in amounts subject to proof at trial.
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`3
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`Case 1:17-cv-00933-RGA Document 1 Filed 07/11/17 Page 4 of 8 PageID #: 4
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`COUNT II: INFRINGEMENT OF THE ‘816 PATENT
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`18.
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`Plaintiffs re-allege and incorporate by reference the prior paragraphs 1 through 17
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`of this Complaint, as if fully set forth herein.
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`19.
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`On May 22, 2012, U.S. Patent No. 8,185,816 was duly and legally issued to
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`Russell T. Davis as the inventor thereof. A true and correct copy of the ‘816 Patent, which is
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`entitled “Combining Reusable Data Markup Language”, is attached hereto as Exhibit C.
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`20.
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`Upon information and belief, Mattress Firm infringed the ‘816 Patent in violation
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`of 35 U.S.C. § 271(a) by using the patented invention to, inter alia, prepare and file multiple
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`XBRL-compliant filings. This includes practicing the method set forth in claim 1 of the ‘816
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`patent; using a system as claimed in claim 10 of the ‘816 patent; using a computer readable
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`medium as set forth in claim 17 of the ‘816 patent; using a system as set forth in claim 26 of the
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`‘816 patent, and practicing a method as claimed in claim 27 of the ‘816 patent. An Infringement
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`Chart detailing the infringement by Mattress Firm of Claims 1, 10, 17, 26 and 27 of the ‘816
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`Patent is attached hereto as Exhibit D.
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`21. Mattress Firm was aware of the ‘816 patent at least as early as August 18, 2016,
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`by virtue of a letter sent from William Diefenderfer, ESI’s Vice-Chairman & Co-Founder, to Ms.
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`Kindel L. Elam, the General Counsel of Mattress Firm Holdings.
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`22.
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`Upon information and belief, Mattress Firm’s infringement has been and
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`continues to be willful.
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`23.
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`Plaintiffs are entitled to recover damages as a result of Defendant Mattress Firm’s
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`acts of infringement of the ‘816 Patent with damages in amounts subject to proof at trial.
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`COUNT III: INFRINGEMENT OF THE ‘383 PATENT
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`24.
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`Plaintiffs re-allege and incorporate by reference the prior paragraphs 1 through 23
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`4
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`Case 1:17-cv-00933-RGA Document 1 Filed 07/11/17 Page 5 of 8 PageID #: 5
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`of this Complaint, as if fully set forth herein.
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`25.
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`On February 16, 2016, U.S. Patent No. 9,262,383 was duly and legally issued to
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`Russell T. Davis as the inventor thereof. A true and correct copy of the ‘383 Patent, which is
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`entitled “System, Method, And Computer Program Product For Processing A Markup
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`Document”, is attached hereto as Exhibit E.
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`26.
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`Upon information and belief, Mattress Firm infringed the ‘383 Patent in violation
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`of 35 U.S.C. § 271(a) by using the patented invention to, inter alia, prepare and file multiple
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`XBRL-compliant filings. This includes using a computer readable medium as claimed in claim1
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`of the ‘383 patent; practicing the method set forth in claim 17 of the ‘383 patent; and using an
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`apparatus as claimed in claim 18 of the ‘383 patent. An Infringement Chart detailing the
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`infringement by Mattress Firm of Claims 1, 17 and 18 of the ‘383 Patent is attached hereto as
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`Exhibit F.
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`27. Mattress Firm was aware of the ‘383 patent at least as early as August 18, 2016,
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`by virtue of a letter sent from William Diefenderfer, ESI’s Vice-Chairman & Co-Founder, to Ms.
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`Kindel L. Elam, the General Counsel of Mattress Firm Holdings.
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`28.
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`Upon information and belief, Mattress Firm’s infringement has been and
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`continues to be willful.
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`29.
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`Plaintiffs are entitled to recover damages as a result of Defendant Mattress Firm’s
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`acts of infringement of the ‘383 Patent with damages in amounts subject to proof at trial.
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`COUNT IV: INFRINGEMENT OF THE ‘748 PATENT
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`30.
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`Plaintiffs re-allege and incorporate by reference the prior paragraphs 1 through 29
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`of this Complaint, as if fully set forth herein.
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`31.
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`On February 23, 2016, U.S. Patent No. 9,268,748 was duly and legally issued to
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`5
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`Case 1:17-cv-00933-RGA Document 1 Filed 07/11/17 Page 6 of 8 PageID #: 6
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`Russell T. Davis as the inventor thereof. A true and correct copy of the ‘748 Patent, which is
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`entitled “System, Method, And Computer Program Product For Outputting Markup Language
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`Documents”, is attached hereto as Exhibit G.
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`32.
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`Upon information and belief, Mattress Firm infringed the ‘748 Patent in violation
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`of 35 U.S.C. § 271(a) by using the patented invention to, inter alia, prepare and file multiple
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`XBRL-compliant filings. This includes using an apparatus as claimed in claim 1 of the ‘748
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`patent; using a computer readable medium as claimed in claim 11 of the ‘748 patent; and
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`practicing the method set forth in claim 19 of the ‘748 patent. An Infringement Chart detailing
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`the infringement by Mattress Firm of Claims 1, 11 and 19 of the ‘748 Patent is attached hereto as
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`Exhibit H.
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`33. Mattress Firm was aware of the ‘748 patent at least as early as August 18, 2016,
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`by virtue of a letter sent from William Diefenderfer, ESI’s Vice-Chairman & Co-Founder, to Ms.
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`Kindel L. Elam, the General Counsel of Mattress Firm Holdings.
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`34.
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`Upon information and belief, Mattress Firm’s infringement has been and
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`continues to be willful.
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`35.
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`Plaintiffs are entitled to recover damages as a result of Defendant Mattress Firm’s
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`acts of infringement of the ‘383 Patent with damages in amounts subject to proof at trial.
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`PRAYER AND RELIEF
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`WHEREFORE, Plaintiffs pray for judgment against Defendant Mattress Firm for the
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`following relief:
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`A.
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`For judgment in favor of Plaintiffs that, either literally or under the doctrine of
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`equivalents, the Defendant has infringed one or more claims of the ‘355, ‘816, ‘383, and ‘748
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`patents;
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`6
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`Case 1:17-cv-00933-RGA Document 1 Filed 07/11/17 Page 7 of 8 PageID #: 7
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`B.
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`For an award of damages, requiring Defendant Mattress Firm to pay Plaintiffs
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`their damages adequate to compensate them for the infringement of the ‘355, ‘816, ‘383, and
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`‘748 patents together with costs, expenses and prejudgment and post-judgment interest, for
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`Defendant’s infringement of the ‘355, ‘816, ‘383, and ‘748 patents as provided under 35 U.S.C.
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`§ 284;
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`C.
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`For an injunction ordering Mattress Firm to cease infringement of ‘355, ‘816,
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`‘383, and ‘748 patents pursuant to 35 U.S.C. § 283;
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`D.
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`E.
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`For treble damages pursuant to 35 U.S.C. § 284;
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`For a judgment and Order granting Plaintiffs their reasonable attorneys’ fees
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`under 35 U.S.C. § 285; and
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`F.
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`For such other and further relief as the Court may deem just and proper.
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`JURY DEMAND
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`Plaintiffs demand a trial by jury of all issues properly triable by jury in this action.
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`7
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`Case 1:17-cv-00933-RGA Document 1 Filed 07/11/17 Page 8 of 8 PageID #: 8
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`
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`Dated: July 11, 2017
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`Respectfully submitted,
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`
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`O’KELLY ERNST & JOYCE, LLC
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`
`/s/ Sean T. O’Kelly
`Sean T. O’Kelly (No. 4349)
`Daniel P. Murray (No. 5785)
`901 N. Market Street, Suite 1000
`Wilmington, Delaware 19801
`(302) 778-4000
`(302) 295-2873 (facsimile)
`sokelly@oelegal.com
`dmurray@oelegal.com
`
`and
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`O’ROURKE LAW OFFICE, LLC
`Gerard M. O'Rourke (#3265)
`1201 N. Orange Street
`Suite 7260
`Wilmington, DE 19801-1186
`(484) 770-8046
`gorourke@orourkefirm.com
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`Attorneys for Plaintiffs
`e-Numerate Solutions, Inc. and
`e-Numerate LLC
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`8
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