Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 1 of 11
`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF KANSAS
`
`
`)
`)
`)
`)
`)
`)
`) Case No.
`)
`)
`) DEMAND FOR JURY TRIAL
`)
`)
`
`CAREER DESTINATION
`DEVELOPMENT, LLC,
`a Kansas limited liability company,
`
` Plaintiff,
`
` v.
`
`INDEED, INC.,
`a Delaware corporation,
`
` Defendant.
`
`
`
`
`COMPLAINT
`
`Plaintiff Career Destination Development, LLC, through its undersigned attorneys
`
`of record, files this Complaint against defendant Indeed, Inc., and states and alleges as follows:
`
`INTRODUCTION
`
`This is a lawsuit for patent infringement.
`
`This lawsuit stems from the flagrant theft of valuable intellectual property
`
`1.
`
`2.
`
`belonging to Career Destination Development, LLC (“Career Destination” or “Plaintiff”).
`
`3.
`
`This intellectual property consists of the specifications for a unique type of
`
`employment posting and searching website.
`
`4.
`
`This employment posting and searching website allows employers and
`
`potential employees to post and search job postings and make application for employment.
`
`5.
`
`Marc Vianello (“Vianello”) developed the specifications for this website
`
`through years of painstaking research and experimentation, ultimately securing multiple United
`
`States patents. He assigned his interest in these patents to Career Destination, a company he
`
`formed for the purpose of commercializing this type of technology.
`
`Monster Worldwide, Inc. Exhibit 1027 (p.1/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 2 of 11
`
`6.
`
`In complete disregard for Career Destination’s intellectual property rights,
`
`defendant Indeed, Inc. (“Indeed” or “Defendant”) put forth Vianello’s invention as its own,
`
`seeking to profit from Vianello’s efforts without giving him credit or compensation.
`
`7.
`
`Defendant’s actions have infringed and continue to infringe on Vianello’s
`
`patents.
`
`8.
`
`Accordingly, at a minimum, Career Destination seeks a reasonable
`
`royalty, together with such other and further relief is available under 35 U.S.C. § 285.
`
`PARTIES
`
`9.
`
`Career Destination is a limited liability company organized and existing
`
`under the laws of the State of Kansas with a registered office at 5209 West 83rd Terrace, Prairie
`
`Village, Kansas 66207. Vianello organized Career Destination and his revocable trust is the sole
`
`member. Vianello invented the technology at issue in this case, obtaining multiple United States
`
`patents, including U.S. Patent Nos. 8,374,901, 7,424,438, and 7,797,181. These patents were
`
`assigned to Career Destination in March 2013. Career Destination possesses all rights, title and
`
`interest in these patents, including the right to sue for infringement. Career Destination is the
`
`developer of a website covered by these patents known as careerdestination.com.
`
`10.
`
`Defendant Indeed is a corporation organized and existing under the laws
`
`of the State of Delaware with a principal place of business at 177 Broad Street, 6th Floor,
`
`Stamford, CT 06901. Indeed touts itself as “the #1 job site worldwide, with over 100 unique
`
`visitors per month.” Indeed was founded in 2004 by Paul Forster and Rony Kahan, and is a
`
`subsidiary of Recruit Holdings Co., Ltd.
`
`JURISDICTION AND VENUE
`
`11.
`
`This is a patent infringement action brought under the patent laws of the
`
`United States, 35 U.S.C. Section 1 et seq. Career Destination seeks damages for patent
`
`-2-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.2/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 3 of 11
`
`infringement and an injunction preventing Indeed from making, using, selling, offering to sell,
`
`importing, or inducing others to use Career Destination’s patented technology without its
`
`permission.
`
`1338(a).
`
`12.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`13.
`
`This Court has personal jurisdiction over Indeed because it has
`
`purposefully availed itself of the privilege of conducting business within this State and this
`
`district.
`
`14.
`
`Venue in this district is proper under 28 U.S.C. §§ 1391 and 1400 because
`
`a substantial part of the events giving rise to the claims asserted herein occurred in this district,
`
`and Indeed has committed acts of infringement in this district.
`
`FACTUAL BACKGROUND
`
`Marc Vianello and Career Destination Development
`
`15.
`
`Vianello attended college at the University of Missouri – Columbia. He
`
`graduated in 1975 with a Bachelor’s of Science in Business Administration with a major in
`
`accountancy. He became a Certified Public Accountant in 1977.
`
`16.
`
`Vianello spent the first part of his career working in public accounting.
`
`He interned with the firm of Peat Marwick Mitchell & Company (now known as KPMG LLP),
`
`and then took a full time position with the Kansas City office of Arthur Andersen & Company.
`
`17.
`
`In 1980, Vianello left Arthur Andersen to become the Vice President of an
`
`oil and gas exploration company known as ENI Corporation. He remained in that capacity for
`
`just over a year, when he left to form his own oil and gas exploration company known as Remco
`
`Energy Corporation.
`
`-3-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.3/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 4 of 11
`
`18.
`
`In 1987, while still operating Remco, Vianello went into business with his
`
`brother acquiring and managing apartment units. This business continued for several years, with
`
`Vianello ultimately owning approximately 500 units spread across five different properties.
`
`19.
`
`In the early 1990s, as the real estate business began to draw to a close,
`
`Vianello and his brother founded a newspaper known as the Kansas City Health Care Times.
`
`The Kansas City Health Care Times focused on the healthcare industry, and sought to capture
`
`revenue from healthcare-specific classified advertising. Vianello operated this business until the
`
`late 1990s, when he discontinued publication of the newspaper and sold the classified advertising
`
`section to Sun Publications.
`
`20.
`
`Around this time period Vianello formulated the idea for the invention that
`
`serves as the basis for this lawsuit.
`
`21.
`
`As originally conceived the idea was to produce an Internet version of the
`
`Kansas City Health Care Times that contained healthcare-specific news and a classified
`
`advertising section. But competition from WebMD, which sought to cater to a similar clientele,
`
`made this idea unworkable. So Vianello shifted his focus to the classified advertising component
`
`and, more specifically, employment advertisements.
`
`22.
`
`At first Vianello sought to create a digital job board that would solve the
`
`recruiting needs of hospitals. But in examining the recruiting needs of hospitals Vianello
`
`discovered that hospitals required such a broad array of workers to function—from nurses to
`
`cooks to janitors—that restricting his offering to hospitals made little sense. So he abandoned
`
`the hospital niche and began developing a broad-based recruiting tool for employers and
`
`prospective employees.
`
`-4-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.4/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 5 of 11
`
`23.
`
`Because there were a number of broad-based, digital job boards in the
`
`marketplace, he knew he had to offer something more—something different—to attract users.
`
`So, instead of creating a digital job board where employers could post advertisements for open
`
`positions (paying for each posting), he created a website that allows employers to list for free
`
`each and every position whether it is open or not. When a particular position comes open,
`
`employers can make the position visible to prospective employees who might be searching the
`
`website. An employer is charged a fee only if a prospective employee submits an application for
`
`an open position, and the employer chooses to receive the prospective employee’s name and
`
`contact information. Likewise, prospective employees can list their qualifications on the site, so
`
`they can be found by employers searching for qualified candidates. The employer is charged
`
`only if it chooses to receive the prospective employee’s name and contact information, and the
`
`prospective employee consents to the release of this information.
`
`24.
`
`To enhance searchability and increase the relevance of search results,
`
`information submitted to the site is standardized. Borrowing from the United States Department
`
`of Labor’s Dictionary of Occupational Titles and the North American Industrial Classification
`
`System, the website utilizes a tiered classification system of industries and occupations.
`
`Employers can search for prospective employees possessing a particular level of experience in a
`
`particular occupation in a particular industry, and prospective employees can delineate the
`
`precise nature of their work history.
`
`25.
`
`As Vianello continued to develop and refine his invention, he recognized
`
`the need to take steps to protect his invention from potential competitors. This led him to apply
`
`for and obtain a series of patents:
`
`-5-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.5/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 6 of 11
`
`a.
`Patent Application No. 10/101,644 was filed on March 19, 2002,
`and U.S. Patent No. 7,424,438 (the “‘438 Patent”) issued on September 9, 2008
`(attached hereto as Exhibit A);
`
`b.
`Patent Application No. 12/059,799 was filed on March 31, 2008,
`and U.S. Patent No. 7,797,181 (the “‘181 Patent”) issued on September 14, 2010
`(attached hereto as Exhibit B); and
`
`c.
`Patent Application No. 12/846,635 was filed on July 29, 2010, and
`U.S. Patent No. 8,374,901 (the “‘901 Patent”) issued on February 12, 2013
`(attached hereto as Exhibit C).
`
`26.
`
`These patents are all based on the same specifications but set forth
`
`different claims that embody different inventive aspect of the specifications.
`
`27.
`
`In March 2013, Vianello assigned all rights, title and interest in these
`
`patents to the company he formed, Career Destination, for purposes of commercializing this
`
`technology.
`
`28.
`
`This technology is incorporated in the website, careerdestination.com.
`
`Indeed and Indeed.com
`
`29.
`
`Indeed is an aggregator, meaning it aggregates and gives job seekers
`
`simultaneous access to job information from thousands of company websites and job boards.
`
`30.
`
`31.
`
`Indeed launched the Indeed.com website in beta form in November 2004.
`
`Indeed completed beta testing of the Indeed.com website in March 2005,
`
`and began marketing it more broadly.
`
`32.
`
`33.
`
`Over time, Indeed added enhancements to the Indeed.com website.
`
`In 2006, Indeed started allowing employers to promote job openings on
`
`the Indeed.com site through pay-per-click advertisements.
`
`34.
`
`In April 2008, Indeed started allowing job seekers to search for jobs by
`
`annual salary.
`
`-6-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.6/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 7 of 11
`
`35.
`
`In September 2011, Indeed, introduced a tool it called Indeed Resume.
`
`Indeed described this new tool to the public as follows:
`
`Unlike the subscription-only resume databases of job boards, Indeed Resume is an
`open search engine. Searching for resumes is free and unrestricted and does not
`require an account. Employers can contact job seekers for free during the beta
`period.
`
`"With no up-front costs or per-seat licenses, Indeed Resume is for everyone from
`the small business owner looking to make one hire to the Fortune 500 company
`filling thousands of openings," said Hyams.
`
`Indeed Resume enables 1-click apply to select jobs on Indeed.com, and offers job
`seekers privacy protection that traditional resume databases lack. Initial contact is
`brokered by Indeed and personal contact information (phone number, email, and
`address) remains private until the job seeker chooses to share it.
`
`Searching for candidates is made possible using familiar "what" and "where"
`search boxes. Instant Search suggests common search terms and automatically
`displays results as you type. Resumes may be previewed without ever leaving the
`search results page, allowing employers to quickly view the details of candidates.
`Employers can set up unlimited saved searches and receive daily emails with new
`and updated resumes matching their search criteria. Indeed Resume represents a
`significant expansion of the company's services to employers and recruiters,
`building on its leadership as the #1 pay for performance recruitment advertising
`network.
`
`
`36.
`
` Through Indeed Resume, employers searching for qualified candidates
`
`can specify certain threshold requirements, such as a certain number of years of work experience
`
`or level of education, so they only view résumés from candidates meeting those requirements.
`
`COUNT I:
`INFRINGEMENT OF THE ‘438 PATENT
`
`37.
`
`Career Destination incorporates by reference the foregoing allegations as
`
`if fully set forth herein.
`
`38.
`
`On information and belief, Indeed has committed and/or is continuing to
`
`commit direct acts of infringement of the ‘438 Patent under 35 U.S.C. § 271(a) by making,
`
`-7-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.7/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 8 of 11
`
`using, selling, offering to sell a product that infringes one or more claims of the ‘438 Patent,
`
`without license or authority from Career Destination.
`
`39.
`
`Career Destination has been damaged as a direct result of the infringement
`
`of the ‘438 Patent. Career Destination will continue to be damaged unless further infringement
`
`is enjoined.
`
`40.
`
`Career Destination is entitled under 35 U.S.C. § 284 to an award of
`
`damages adequate to compensate Career Destination for Indeed’s infringement of the ‘438
`
`Patent. Career Destination is entitled to lost profits or, in the alternative, a reasonable royalty for
`
`the infringement and use made of the invention of the ‘438 Patent by Indeed, all together with
`
`interest and costs.
`
`41.
`
`On information and belief, Indeed’s past and continuing infringement of
`
`the ‘438 Patent has been and continues to be deliberate and willful.
`
`42.
`
`Indeed’s conduct warrants an award of treble damages pursuant to 35
`
`U.S.C. § 284.
`
`COUNT II:
`INFRINGEMENT OF THE ‘901 PATENT
`
`Career Destination incorporates by reference the foregoing allegations as
`
`43.
`
`if fully set forth herein.
`
`44.
`
`On information and belief, Indeed has committed and/or is continuing to
`
`commit direct acts of infringement of the ‘901 Patent under 35 U.S.C. § 271(a) by making,
`
`using, selling, offering to sell a product that infringes one or more claims of the ‘901 Patent,
`
`without license or authority from Career Destination.
`
`-8-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.8/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 9 of 11
`
`45.
`
`Career Destination has been damaged as a direct result of the infringement
`
`of the ‘901 Patent. Career Destination will continue to be damaged unless further infringement
`
`is enjoined.
`
`46.
`
`Career Destination is entitled under 35 U.S.C. § 284 to an award of
`
`damages adequate to compensate Career Destination for Indeed’s infringement of the ‘901
`
`Patent. Career Destination is entitled to lost profits or, in the alternative, a reasonable royalty for
`
`the infringement and use made of the invention of the ‘901 Patent by Indeed, all together with
`
`interest and costs.
`
`47.
`
`On information and belief, Indeed’s past and continuing infringement of
`
`the ‘901 Patent has been and continues to be deliberate and willful.
`
`48.
`
`Indeed’s conduct warrants an award of treble damages pursuant to 35
`
`U.S.C. § 284.
`
`WILLFUL INFRINGEMENT
`
`49.
`
`Career Destination Development incorporates by reference his foregoing
`
`allegations as if fully set forth herein.
`
`50.
`
`On information and belief, Indeed’s past and continuing infringement of
`
`the ‘438 and ‘901 Patents has been deliberate and willful. Its conduct warrants an award of
`
`treble damages pursuant to 35 U.S.C. § 284. Moreover, this is an exceptional case as set forth in
`
`35 U.S.C. § 285 warranting an award of attorneys’ fees.
`
`DEMAND FOR JURY TRIAL
`
`Career Destination Development demands trial by jury on all issues so triable.
`
`Career Destination Development designates Kansas City, Kansas as the place of trial.
`
`
`
`-9-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.9/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 10 of 11
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Career Destination Development respectfully prays that this
`
`Honorable Court enter relief as follows:
`
`A.
`
`B.
`
`C.
`
`A judgment that Indeed has infringed the ‘438 Patent;
`
`A judgment that Indeed has infringed the ‘901 Patent;
`
`A judgment and order permanently restraining and enjoining Indeed and its
`
`officers, directors, agents, servants, employees, attorneys, subsidiaries, affiliates, and all those acting
`
`in concert with or under or through them, from making, using, selling, offering for sale, or
`
`importing any systems or products that infringe one or more claims of the ‘438 and ‘901 Patents, or
`
`otherwise directly or indirectly committing further acts of infringement of those patents;
`
`D.
`
`A judgment and order requiring Indeed to pay damages to Career
`
`Destination adequate to compensate it for defendant’s wrongful infringing acts in accordance with
`
`35 U.S.C. § 284;
`
`E.
`
`A judgment and order requiring Indeed to pay increased damages up to three
`
`times, in view of its willful and deliberate infringement of the ‘438 and ‘901 Patents;
`
`F.
`
`A finding in favor of Career Destination Development that this is an
`
`exceptional case under 35 U.S.C. § 285 and an award of Career Destination Development its costs,
`
`including reasonable attorneys’ fees and other expenses incurred in connection with this action;
`
`G.
`
`A judgment and order requiring defendant to pay Career Destination
`
`Development pre-judgment interest under 35 U.S.C. § 284 and post-judgment interest under 28
`
`U.S.C. § 1961 on all damages awarded; and
`
`Such other and further relief as the Court deems just and appropriate.
`
`H.
`
`
`
`
`-10-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.10/11)
`
`

`

`Case 2:13-cv-02486-JWL-JPO Document 1 Filed 09/17/13 Page 11 of 11
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/ David L. Marcus
`David L. Marcus, KS Bar No. 18034
`BARTLE & MARCUS LLC
`1100 Main Street, Suite 2730
`Kansas City, Missouri 64105
`Telephone: 816- 285-3888
`Facsimile: 816- 222-0534
`Email: dmarcus@bmlawkc.com
`
`-and-
`
`
`
`/s/ James J. Kernell
`James J. Kernell, KS Bar No. 19559
`ERICKSON, KERNELL, DERUSSEAU
`& KLEYPAS, LLC
`8900 State Line Road, Suite 500
`Leawood, Kansas 66206
`Telephone: 913-549-4700
`Facsimile: 913-549-4646
`E-Mail: jjk@kcpatentlaw.com
`
`
`
`Attorneys for Plaintiff
`Career Destination Development, LLC
`
`-11-
`
`Monster Worldwide, Inc. Exhibit 1027 (p.11/11)
`
`