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