Case 1:14-cv-01571-GMS Document 1 Filed 12/31/14 Page 1 of 7 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`IOENGINE, LLC,
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`Plaintiff,
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`v.
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`INTERACTIVE MEDIA CORP.
`d/b/a KANGURU SOLUTIONS
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`Defendant.
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`C.A. No. _________
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`Jury Trial Demanded
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff IOENGINE, LLC (“Plaintiff” or “IOENGINE”), by and through its undersigned
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`counsel, alleges as follows:
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`THE PARTIES
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`1.
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`IOENGINE is a limited liability company organized and existing under the laws
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`of Delaware, with its principal place of business at 22 Ensign Road, Norwalk, Connecticut
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`06853.
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`2.
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`Defendant Interactive Media Corp. d/b/a Kanguru Solutions (“Defendant” or
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`“Kanguru”) is a corporation organized and existing under the laws of Delaware, with its
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`principal place of business at 1360 Main Street, Millis, Massachusetts 02054.
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`3.
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`Defendant’s registered agent in the State of Delaware is The Company
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`Corporation, 2711 Centerville Rd. Ste. 400, Wilmington, Delaware 19808.
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`93010:COM:10268428.DOCX.1
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`
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`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00885 (US 8,539,047)
`Exhibit 2020
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`

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`Case 1:14-cv-01571-GMS Document 1 Filed 12/31/14 Page 2 of 7 PageID #: 2
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`JURISDICTION AND VENUE
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`4.
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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. § 100 et seq., including, but not limited to, 35 U.S.C. § 271.
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`5.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a).
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`6.
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`On information and belief, Defendant is a corporation organized and existing
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`under the laws of Delaware, has transacted and does transact business within Delaware, and has
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`committed and contributed to and induced acts of patent infringement in Delaware and this
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`District. Defendant is subject to this Court’s specific and general personal jurisdiction pursuant
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`to due process and the Delaware Long Arm Statute, due at least to its substantial business in this
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`forum, including: (i) at least a portion of the infringement alleged herein; and (ii) regularly doing
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`or soliciting business, engaging in other persistent courses of conduct, and deriving substantial
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`revenue from goods and services provided to individuals in Delaware.
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`7.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and (c), and 1400(b)
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`because, among other reasons, Defendant is subject to personal jurisdiction in this District and
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`has committed and continues to commit acts of patent infringement in this District. For example,
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`on information and belief, Defendant has made, used, sold, offered for sale, and/or imported
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`infringing products and services in this District.
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`BACKGROUND
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`8.
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`This dispute involves technology that allows enhanced capabilities on portable
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`electronic devices. For example, the technology at issue provides for terminal processors and
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`peripheral device processors to execute program code stored on the peripheral device, allowing
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`2
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`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00885 (US 8,539,047)
`Exhibit 2020
`
`

`

`Case 1:14-cv-01571-GMS Document 1 Filed 12/31/14 Page 3 of 7 PageID #: 3
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`advanced functionality to be added to standard peripheral devices and allowing peripheral
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`devices to access networks using a terminal’s network interface.
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`9.
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`The technology at issue was invented by Scott McNulty, who also founded
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`IOENGINE.
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`THE PATENT-IN-SUIT
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`10.
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`On September 17, 2013, the United States Patent and Trademark Office duly and
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`legally issued United States Patent No. 8,539,047 (“the ’047 Patent”), entitled “Apparatus,
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`Method and System for a Tunneling Client Access Point,” to Scott McNulty after full and fair
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`examination. The application that led to the ’047 Patent, U.S. Patent Application Ser. No.
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`12/950,321, was a continuation of U.S. Patent Application Ser. No. 10/807,731 and claims
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`priority to at least March 23, 2004. IOENGINE is the assignee of all right, title, and interest in
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`and to the ’047 Patent and possesses all rights of recovery under the ’047 Patent, including the
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`right to recover damages for past infringement. A true and correct copy of the ’047 Patent is
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`attached hereto as Exhibit A.
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`KANGURU’S INFRINGEMENT
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`11.
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`IOENGINE incorporates by reference the preceding paragraphs as if fully set
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`forth herein.
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`12.
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`As described below, Kanguru infringes the claims of the ’047 Patent directly
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`(alone or jointly), and indirectly by contributing to and inducing direct infringement by others,
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`by making, using, selling, offering for sale, importing into the United States, and encouraging the
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`manufacture, use, sale, and importation of products and services.
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`13. More specifically, the infringing products (the “Kanguru Infringing Products”)
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`include, but are not limited to, Kanguru’s Defender Elite products (e.g., Defender Elite,
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`3
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`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00885 (US 8,539,047)
`Exhibit 2020
`
`

`

`Case 1:14-cv-01571-GMS Document 1 Filed 12/31/14 Page 4 of 7 PageID #: 4
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`Defender Elite200, and Defender Elite30), Defender Basic products (e.g., Defender Basic and
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`Defender Basic+), Defender RocIT products (e,g., RocIT Defender 2000 FinanceSafe and
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`RocIT Defender Elite), and Defender products (e.g., Defender, Defender Pro, Defender SSD,
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`Defender HDD, Defender 2000, Defender V2, Defender DualTrust, and Virtual Defender);
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`products incorporating the foregoing; and reasonably similar Kanguru products with on-board
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`storage and processing capabilities that embody the apparatuses or practice the methods claimed
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`by the ’047 Patent. The Kanguru Infringing Products meet the limitations of the ’047 Patent
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`literally and/or under the doctrine of equivalents.
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`14.
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`Kanguru instructs and encourages its customers to use the Kanguru Infringing
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`Products in a manner that infringes the claims of the ’047 Patent including by providing user
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`guides and data sheets for the Kanguru Infringing Products,1 by providing information on its
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`website (available at www.kanguru.com), including videos, demonstrations, and other
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`1 See, e.g., https://kanguru.zendesk.com/entries/21546002-Defender-2000-, https://kanguru.zend
`esk.com/entries/31069417-Defender-Elite200, https://kanguru.zendesk.com/entries/61171936-
`Defender-Elite30, https://kanguru.zendesk.com/entries/23454682-Kanguru-Defender-Basic-, ht
`tps://kanguru.zendesk.com/entries/21303806-Kanguru-Defender-V2-, https://kanguru.zendesk.
`com/entries/22953783-Defender-DualTrust, https://kanguru.zendesk.com/entries/21566128-Ka
`nguru-Defender-Defender-Pro, https://kanguru.zendesk.com/entries/21284612-Kanguru-Defen
`der-Basic-, https://kanguru.zendesk.com/entries/21849833-Defender-HDD-SSD, https://kangur
`u.zendesk.com/entries/21973078-RocIT-Virtual-Defender-Secure-Mobile-Computing-Flash, ht
`tps://kanguru.zendesk.com/entries/21973188-RocIT-Defender, http://www.kanguru.com/secur
`e-storage/defender-2000.shtml, http://kanguru.com/secure-storage/defender-elite200.shtml, htt
`p://kanguru.com/secure-storage/defender-elite30.shtml, http://kanguru.com/secure-storage/defe
`nder-basic-plus.shtml, https://www.kanguru.com/secure-storage/defender-v2.shtml, http://kang
`uru.com/virtualization/dualtrust.shtml, https://www.kanguru.com/secure-storage/defender-elite.
`shtml, https://web.archive.org/web/20130203033610/http://www.kanguru.com/secure-storage/
`defender-basic.shtml, http://kanguru.com/secure-storage/defender-ssd.shtml, http://kanguru.co
`m/secure-storage/defender-hdd.shtml, http://kanguru.com/virtualization/virtual-defender-sra.sh
`tml, http://kanguru.com/virtualization/virtual-defender-smc.shtml, http://kanguru.com/virtualiz
`ation/rocit-defender2000-finance-safe.shtml, https://kanguru.zendesk.com/entries/22220813-R
`ocIT-Defender-2000-Finance-Safe-Sales-Sheet, and http://www.kryptoprodukter.se/whitepaper
`s/KanguruRocITDefenderElite.pdf.
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`4
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`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00885 (US 8,539,047)
`Exhibit 2020
`
`

`

`Case 1:14-cv-01571-GMS Document 1 Filed 12/31/14 Page 5 of 7 PageID #: 5
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`information for the Kanguru Infringing Products, and by providing technical support for the
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`Kanguru Infringing Products, in each case that contains detailed descriptions and instructions
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`for using and implementing functionality that, alone or in combination, practices the invention
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`claimed in the ’047 Patent, including at least, device installation, device setup/initialization,
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`antivirus software registration, password setup, Kanguru Remote Management Console Cloud
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`setup, device reset, device/user authentication, network setup, use of a secure execution
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`environment, use of secure web browsers, use of secure email functionality, antivirus software
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`license renewal, and use of the ViSoS Runtime Environment.
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`FIRST COUNT FOR RELIEF
`(INFRINGEMENT OF THE ’047 PATENT)
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`IOENGINE incorporates by reference the preceding paragraphs as if fully set
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`15.
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`forth herein.
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`16.
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`Kanguru had actual knowledge of the ’047 Patent at least as early as the filing of
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`this Complaint.
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`17.
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`On information and belief, Kanguru has infringed and continues to infringe,
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`directly (alone or jointly) and indirectly by way of inducement and contributory infringement,
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`literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. § 271, one or more
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`claims of the ’047 Patent by performing, without authority, one or more of the following acts:
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`making, having made, using, importing, selling, and offering for sale in the United States one or
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`more products and services that embody one or more inventions described and claimed in the
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`’047 Patent, including but not limited to the Kanguru Infringing Products. Since at least after
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`receiving notice of this Complaint, Defendant has knowingly contributed to the infringement,
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`and continues to contribute to the infringement, of one or more claims of the ’047 Patent by
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`selling and offering its products for sale to its customers, which products constitute a material
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`5
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00885 (US 8,539,047)
`Exhibit 2020
`
`

`

`Case 1:14-cv-01571-GMS Document 1 Filed 12/31/14 Page 6 of 7 PageID #: 6
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`part of the invention and are not staple articles or commodities of commerce suitable for
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`substantial non-infringing use. Further, since at least after receiving notice of this Complaint,
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`Defendant has induced infringement, and continues to induce infringement, of one or more
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`claims of the ’047 Patent, with specific intent that its products be used by its customers to
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`infringe the ’047 Patent.
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`18.
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`By infringing the ’047 Patent, Kanguru has caused and will continue to cause
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`Plaintiff to suffer damages in an amount to be determined at trial.
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`19.
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`Plaintiff has no adequate remedy at law against Kanguru’s acts of infringement,
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`and unless Kanguru is permanently enjoined from infringing the ’047 Patent, Plaintiff will suffer
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`irreparable harm.
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`20.
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`To the extent that Kanguru has or continues to make, use, import, sell, or offer for
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`sale products or services that infringe the ’047 Patent following its awareness of the ’047 Patent,
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`Kanguru’s infringement is willful and entitles IOENGINE to an award of enhanced damages
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`pursuant to 35 U.S.C. § 284 and attorneys’ fees pursuant to 35 U.S.C. § 285.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays for judgment on the complaint as follows:
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`a.
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`Judgment in favor of Plaintiff and against Defendant for infringement of the
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`’047 Patent;
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`b.
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`Entry of a permanent injunction enjoining Defendant and its affiliated entities,
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`officers, agents, servants, employees, and those persons in active concert or participation with
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`them who receive actual notice thereof, from directly or indirectly infringing, inducing the
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`infringement of, or contributing to the infringement of the ’047 Patent;
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`6
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00885 (US 8,539,047)
`Exhibit 2020
`
`

`

`Case 1:14-cv-01571-GMS Document 1 Filed 12/31/14 Page 7 of 7 PageID #: 7
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`c.
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`An award to Plaintiff of compensatory damages arising out of Defendant’s
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`infringement, including increased damages for Defendant’s willful infringement, together with
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`pre-judgment and post-judgment interest thereon;
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`d.
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`An award to Plaintiff of costs, interest, and reasonable attorneys’ fees incurred
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`herein;
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`e.
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`f.
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`An accounting for future sales; and
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`Such other and further relief as the Court may deem just and appropriate.
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`DEMAND FOR JURY TRIAL
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`In accordance with Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands a
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`trial by jury on all issues so triable.
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`Dated: December 31, 2014
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`
`
`Smith, Katzenstein & Jenkins, LLP
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`
`/s/ Neal C. Belgam
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`Neal C. Belgam (ID No. 2721)
`Robert K. Beste (ID No. 3931)
`nbelgam@skjlaw.com
`800 Delaware Avenue, Suite 1000
`Wilmington, Delaware 19899
`Telephone: (302) 504-1688
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`Jeffrey Ostrow
`jostrow@stblaw.com
`SIMPSON THACHER & BARTLETT LLP
`2475 Hanover Street
`Palo Alto, California 94304
`Telephone: (650) 251-5000
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`Noah M. Leibowitz
`nleibowitz@stblaw.com
`Gregory T. Chuebon
`gchuebon@stblaw.com
`SIMPSON THACHER & BARTLETT LLP
`425 Lexington Avenue
`New York, New York 10017
`Tel: (212) 455-2000
`Attorneys for Plaintiff IOENGINE.
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`7
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00885 (US 8,539,047)
`Exhibit 2020
`
`