Case 1:99-mc Document 357 Filed 07/29/11 Page 1 of 7 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Transcription

1 Case 1:99-mc Document 357 Fled 07/29/11 Page 1 of 7 PageD #: N THE UNTED STATES DSTRCT COURT FOR THE DSTRCT OF DELAWARE SEGANLLC Plantff, v. Cvl Acton No. ZY1~GA, NC. Defendant. Jury Tral Demanded PLANTFF'S COMPLANT FOR PATENT NFRNGEMENT Plantff, Segan LLC, fles ths Complant aganst Defendant, Zynga, nc., and, n su port thereof, further states and alleges as follows: THE PARTES 1. Plantff, Sdgan LLC, s a New York lmted lablty company, havng a pla~e of busness located at Northern Boulevard, Long sland Cty, New York, Upon nformaton and belef, Defendant Zynga, nc. s a Delaware corpor lon, havng a place of busness located at 444 De Haro Street, Su 132, San Francsco, Cal rna JURSDCTON AND VENU 3. Ths s a chrl acton for nfrngement under the 1 ws ofthe Unted States, Ttle 35 Unted States Code 1, e seq. 4. Ths Court has orgnal subject matter jursd ton under 28 U.S.C. 331 (federal queston) and 1338(a) (patent-exclusve jursdcton). 1

2 Case 1:99-mc Document 357 Fled 07/29/11 Page 2 of 7 PageD #: Upon nforj11aton and belef, ths Court has personal jursdcton over Defe dant because Defendant s a corporaton organzed and exstng under the laws of the Sta of Delaware and because Def~ndant has conducted and does conduct busness wthn the Dstnbt of Delaware. 6. Venue s proper under 28 U.S.C. 1391(b) and (c) and 1400(b), as Defend ts subject to personal jursdcton n ths dstrct. FACTUALBACKGRO~D A. nventors 7. Jont-nventor Marc Segan s the Founder and Presdent of Plantff, Segan L product nventon and development company. Mr. Segan s a prolfc nventor and entrepre eur, havng desgned and develfped numerous electronc and other products over the past thrty- ee years that have been lcen~ed to or whch have been used by major corporatons. n addt?n to! foundng Segan LLC, Mr. Segan founded or co-founded SwartztrauberlSegan nc., M. H. sbgan & Company nc., Quadlogc Controls Corp., Long Hall Technologes, L.L.C., and The Anmated Anmatons Company LLC, each of whch has developed and produced num ous nnovatve products that h~ve been wdely dstrbuted and hghly proftable. 'S. JOnt-nv4r Gene Lewn has served n management postons for varous technology companes for nearly 20 years. For 13 years, begnnng n 1993, Mr. Lewn servrd as the Drector of nformaton Technology for Plantff or Plantffs predecessor, where Mr. Wll mantaned the nformatbn technology nfrastructure and provded numerous custo applcatons, ncludng c~tom prototypng tools to ad n consumer electronc product de$gn. Durng hs tenure at seg~ LLC, Mr. Lewn worked closely wth Mr. Segan to develo~ the : concept behnd a system for vewng content over a network, whch s the subject of the pr sent 2

3 , Case 1:99-mc Document 357 Fled 07/29/11 Page 3 of 7 PageD #: patent-n-sut, and developed all of the back-end communcatons components for the prototype ofthat system. B. U.S. Patent No. 7,O~4, On May 30, 2006, the U.S. Patent and Trademark Offce duly and legally t ed U.S. Patent No. 7,054,928 1 ("the '928 patent"), enttled "System for Vewng Content 0 Network and Method Thenrfor." Mr. Segan and Mr. Lewn are named as jont nventors. Atrue and correct copy of the '928 patent s attached hereto as Exhbt A. ' r a 10. Plantff, Segan LLC, s the owner by assgnment ofthe '928 patent. 11. On June 30,12011, Plantff sent to Defendant, v Unted Parcel Servce ove'ght delvery, a copy ofthe '928 patent and a letter nformng Defend nt ofthe '928 patent. COUNT nfrn ement of the '928 Paten 12. Plantff ncljrporates. the allegatons of paragrap s 1 through 11 as though rlly set forth heren Upon nfolfaton and belef, Defendant's busn ss s fundamentally pred4ated on t makng, usng, semnj.:., offerng for sale, and/or mportng nto the Unted States a Varer of computer applcatons cov:ered by the '928 patent, ncludng but not lmted to, Cafe Wrrld, CtyVlle, Empres & Alles, FarmVlle, FshVlle, FronterVlle, Mafa Wars, PetVlle, Treasure sle, Yo Vlle, and Zynga ptker. 14. Upon nforrpaton and belef, Defendant has drectly and/or ndrectly nfr~ed, and contnues to nfrnge, the '928 patent, by, nter ala, makng, usng, sellng, offerng for ~ale, and/or mportng these pro~ucts, n the Dstrct ofdelaware and elsewhere n the Unted Statb. 3

4 T Case 1:99-mc Document 357 Fled 07/29/11 Page 4 of 7 PageD #: Upon nfo aton and belef, Defendant has drectly and/or ndrectly nfr ged, and contnues to nfrng, the '928 patent, by, nter ala, dstrbutng, marketng, or advertsng these products 'n the Dstrct of Delaware and else here n the Unted States, contrbutng to and nducng others to make, use, offer for sal, sell, mport, dstrbute, m and/or advertse products cf:>vered by the '928 patent. 16. As a drect ~nd proxmate result of Defendant's acts of nfrngement of the 928 patent, Plantff has suffere~ njury and monetary damages for whch Plantff s enttled to r lef, n no event less than a reas?nable royalty to compensate for Defendant's nfrngement. 17. Upon nfotmaton and belef, Defendant has knowngly, wllfully,,and delberately nfrnged the r928 patent n conscous dsregard of Plantffs rghts, makng :ths case exceptonal wthn th meanng of 35 U.S.C. 285 and justfyng treble damages pur ant to 35 U.S.C Upon nfonhaton and belef, Defendant wll contnue to nfrnge the'928 p causng mmedate and qeparable harm unless ths Court enjons and restrans Defend t's actvtes. 19. Upon nfoqnaton and belef, the nfrngement by Defendant has, and ll, deprve Plantff of royaltjes and other related revenue whch Plantff would have rna would enjoy n the future; has njured Plantff n other respects; and wll cause Plantff a ded njury and damage unless pefendant s enjoned from nfrngng the '928 patent on all pro ncts Defendant wll make, use,1 offer for sale, sell, mport, dstrbute, market, or advertse unt the expraton of the '928 pate!tt. or 4

5 Case 1:99-mc Document 357 Fled 07/29/11 Page 5 of 7 PageD #: PRAYER FOR RELEF WHEREFORE, Pla~ntff, Segan LLC, respectfully requests ths Court to: A. Enter judgment for Plantff that the '928 patent was duly and legally ssue, s vald, enforceable, and has feen nfrnged, drectly or ndrectly, by Defendant; B. Enter judgnjlent for Plantff that Defendant has wllfully nfrnged, an S wllfully nfrngng, one or more clams ofthe'928 patent; C. Order Defe~dant to account n wrtten form for and to pay to Plantff adtual damages to compensate P~ntff for Defendant's nfrngement of the '928 patent through land ncludng the date of entry: of the judgment on the jury's verdct, ncludng but not lmte. to, damages of no less than a reasonable royalty, together wth nterest and costs under 35 U.~.C. 284, and further order tha such damages be trebled due to Defendant's delberate, wllfu, and knowng conduct; D. ssue a preljmnary njuncton restranng the Defendant, ts drectors, offtrs, agents, employees, success~rs, subsdares, assgns, afflates and all persons actng n prv. or n concert or partcpaton wth any of them from the contnued nfrngement, drl or contrbutory, or actve ndjcementofnfrngement by others, ofthe '928 patent; E. ssue a pe$anent njuncton restranng the Defendant, ts drectors, offcers, agents, employees, succes~rs, subsdares, assgns, afflates and all persons actng n Prv~ or n concert or partcpat~ wth any of them from the contnued nfrngement, dre~ or contrbutory, or actve nd~cement ofnfrngement by others, ofthe '928 patent; 5

6 Case 1:99-mc Document 357 Fled 07/29/11 Page 6 of 7 PageD #: F. Drect Defe~dant to fle wth ths Court, and to serve on Plantff, wrtten trt ~der ~ath settng forth n,etal the manner and form n whch Defendant has compled wth the njuncton;. O. n leu ofa ~ermanent ~uncton, order the Defendant to pay to Plantff mon. damages that wll be suffered as a result of Defendant's contnung post-verdct nfrngeme of the '928 patent by requrn~ the Defendant to take a compulsory lcense at a reasonable royalty rate to be determned by t,e Court on all products that Defendant makes, uses, offers for ~ale,! sells, mports, dstrbutes, $arkets, or advertses that nfrnge the '928 patent untl the expraton '. of the '928 patent, whch royalty payments shall commence three months after entry 0 the judgment and shall be made quarterly thereafter, and shall be accompaned by an account of the sales ofnfrngng products by the Defendant; H. Order such other measures n the form of audt rghts, nterest on late paym~nts, and approprate securty to protect Plantff s rghts;. Order Defe~dant to pay Plantff ts costs, expenses, and fees, ncludng reasonable attorneys' fees pursuant to 35 U.S.C. 285, and pre-judgment and post-jud ent nterest at the maxmum ra~ allowed by law; and proper. J. Orant Plantff such other and further relef as the Court may deem just and JURY DEMAND Pursuant to Rule 3. 1 of the Federal Rules of Cvl Procedure, Plantff demands tha the ssues n ths case be tred jy a jury. 6

7 Case 1:99-mc Document 357 Fled 07/29/11 Page 7 of 7 PageD #: Dated: July 29,2011 Respectfully submtted, (DE LD. No. 5283) BLANK ROME LLP 1201 Market St. Wlmngton, DE (Ph) (Fax) E-mal: dorey@blankrome.com ATTORNEY FOR PLANTFF SEGANLLC OF-COUNSEL FOR PLANTFF SEGANLLC: Vctor M. Wgman, Esq. Charles R. Wolfe, Jr., Esq. Bran Wm. Hggns, Esq. Ncholas M. Nyemah, Esq.: BLANK ROME LLP Watergate 600 New Hampshre Ave.,N.W. Washngton, DC (Ph) (202) (Fax) (202) E-mal: Wgman@blankrome.com E-mal: Wolfe@blankrome.com E-mal: Hggns@blankrorne.com E-mal: Nyemah@blankrmjne.com 7