Case 2:09-cv-00394-CE Document 1 Filed 12/22/09 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NEXTCARD, LLC, Plaintiff, v. CHASE BANK USA, N.A., CITIBANK (SOUTH DAKOTA), N.A., CAPITAL ONE BANK (USA), N.A., WELLS FARGO FINANCIAL, INC., ZIONS FIRST NATIONAL BANK, N.A., THE HARRIS BANK, N.A. Defendants. CIVIL ACTION NO. JURY TRIAL DEMANDED PLAINTIFF S ORIGINAL COMPLAINT Plaintiff NextCard, LLC ( Plaintiff or NextCard ), by and through its undersigned counsel, files this Complaint against Defendants Chase Bank USA, N.A., Citibank (South Dakota), N.A., Capital One Bank (USA), N.A., Wells Fargo Financial, Inc., Zions First National Bank, N.A., The Harris Bank, N.A. as follows: NATURE OF THE ACTION 1. This lawsuit pertains to Defendants infringement of some or all of the following patents: U.S. Patent No. 6,405,181, titled Method and Apparatus for Real Time On Line Credit Approval (the 181 Patent ); U.S. Patent No. 6,567,791, titled Method and Apparatus for a Verifiable On Line Rejection of an Application for Credit (the 791 Patent ); U.S. Patent No. PLAINTIFF S ORIGINAL COMPLAINT PAGE 1
Case 2:09-cv-00394-CE Document 1 Filed 12/22/09 Page 2 of 9 7,143,063, titled Method and Apparatus for a Verifiable On Line Rejection of an Applicant for Credit (the 063 Patent ); (collectively, the Patents ). Copies of the Patents are attached hereto as Exhibits A through C. PARTIES 2. Plaintiff NextCard, LLC is a limited liability company organized under the laws of the State of Texas, with its principal place of business at 104 E. Houston Street, Suite 145, Marshall, Texas 75670. NextCard is the assignee of all right, title, and interest in and to the Patents. 3. Defendant Chase Bank USA, N.A. ( Chase Bank ) is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at 200 White Clay Center Drive, Newark, Delaware, 19711. Chase Bank does business in Texas and in the Eastern District of Texas. Chase Bank may be served via its registered agent for service of process, The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. 4. Defendant Citibank (South Dakota), N.A. ( Citibank ) is a corporation organized and existing under the laws of the State of South Dakota, with its principal place of business at 701 E 60th St N, Sioux Falls, SD 57117-1251. Citibank does business in Texas and in the Eastern District of Texas. Citibank may be served with process at 701 E 60th St N, Sioux Falls, SD 57117-1251. 5. Defendant Capital One Bank (USA), N.A. ( Capital One ) is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 275 Broadhollow Rd., Melville, NY 11747-4823. Capital One does business in PLAINTIFF S ORIGINAL COMPLAINT PAGE 2
Case 2:09-cv-00394-CE Document 1 Filed 12/22/09 Page 3 of 9 Texas in the Eastern District of Texas. Capital One may be served via its registered agent for service of process Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7th St., Suite 620, Austin, TX 78701-3218. 6. Defendant Zions First National Bank, N.A. ( Zions Bank ) is a corporation organized and existing under the laws of the State of Utah, with its principal place of business at 1 S. Main St., Salt Lake City, UT 84111. Zions Bank does business in Texas and in the Eastern District of Texas. Zions Bank may be served via its registered agent for service of process Corporation Service Company, 2180 South 1300 East, Suite 650, Salt Lake City, UT 84106. 7. Defendant Wells Fargo Financial, Inc. ( Wells Fargo ) is a corporation organized and existing under the laws of the State of Iowa, with its principal place of business at 800 Walnut St., Des Moines, IA 50309-3636. Wells Fargo does business in Texas and in the Eastern District of Texas. Wells Fargo may be served via its registered agent for service of process Corporation Service Company d/b/a CSC Lawyers Incorporating Service Company, 701 Brazos St., Suite 1050, Austin, TX 78701. 8. Defendant The Harris Bank, N.A. ( Harris Bank ) is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 111 W Monroe St., Chicago, IL 60603-4096. Harris Bank does business in Texas in the Eastern District of Texas. Harris Bank may be served via its registered agent for service of process Mark Asbury, 1601 Elm St., Suite 2320, Dallas, TX 75201. PLAINTIFF S ORIGINAL COMPLAINT PAGE 3
Case 2:09-cv-00394-CE Document 1 Filed 12/22/09 Page 4 of 9 JURISDICTION AND VENUE 9. This action arises under the patent laws of the United States, 35 U.S.C. et seq., including 35 U.S.C. 271. This Court has subject matter jurisdiction over this case for patent infringement under 28 U.S.C. 1331 and 1338(a). 10. The Court has personal jurisdiction over each Defendant. Each Defendant has conducted and does conduct business within the State of Texas. Each Defendant, directly and/or through intermediaries (including subsidiaries, distributors, third party administrators, etc.), offers for sale, sells, and advertises its products and services in the United States, the State of Texas, and the Eastern District of Texas. Each Defendant, directly and/or through intermediaries, has committed the tort of patent infringement within the State of Texas, and, more particularly, within the Eastern District of Texas. 11. Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. 1391 and 1400(b). COUNT I INFRINGEMENT OF U.S. PATENT 6,405,181 12. NextCard refers to and incorporates herein the allegations of Paragraphs 1-11 above. 13. The 181 Patent was duly and legally issued by the United States Patent and Trademark Office on June 11, 2002 after full and fair examination. NextCard is the assignee of all rights, title, and interest in and to the 181 Patent and possesses all rights of recovery under the 181 Patent. 14. Defendants Chase Bank, Citibank, Capital One, Wells Fargo, and Harris Bank each has infringed and continues to infringe the 181 Patent by offering credit to consumers via PLAINTIFF S ORIGINAL COMPLAINT PAGE 4
Case 2:09-cv-00394-CE Document 1 Filed 12/22/09 Page 5 of 9 applications that are transmitted over the internet for real-time approval in accordance with the methods and systems claimed in the 181 patent. 15. NextCard is entitled to recover from each Defendant the damages sustained by NextCard as a result of Defendant s wrongful acts in an amount subject to proof at trial. 16. Each Defendant s infringement of NextCard s exclusive rights under the 181 Patent will continue to damage NextCard s business, causing irreparable harm for which there is no adequate remedy at law, unless it is enjoined by this Court. COUNT II INFRINGEMENT OF U.S. PATENT 6,567,791 17. NextCard refers to and incorporates herein the allegations of Paragraphs 1-16 above. 18. The 791 Patent was duly and legally issued by the United States Patent and Trademark Office on May 20, 2003 after full and fair examination. NextCard is the assignee of all rights, title, and interest in and to the 791 Patent and possesses all rights of recovery under the 791 Patent. 19. Defendants Chase Bank, Citibank, Capital One, Wells Fargo, Zions Bank, and Harris Bank each has infringed and continues to infringe the 791 Patent by presenting credit applicants with reasons for rejection of the credit application in accordance with the methods and systems claimed by the 791 Patent. 20. NextCard is entitled to recover from each Defendant the damages sustained by NextCard as a result of Defendant s wrongful acts in an amount subject to proof at trial. PLAINTIFF S ORIGINAL COMPLAINT PAGE 5
Case 2:09-cv-00394-CE Document 1 Filed 12/22/09 Page 6 of 9 21. Each Defendant s infringement of NextCard s exclusive rights under the 791 Patent will continue to damage NextCard s business, causing irreparable harm for which there is no adequate remedy at law, unless it is enjoined by this Court. COUNT III INFRINGEMENT OF U.S. PATENT 7,143,063 22. NextCard refers to and incorporates herein the allegations of Paragraphs 1-21 above. 23. The 063 Patent was duly and legally issued by the United States Patent and Trademark Office on November 28, 2006 after full and fair examination. NextCard is the assignee of all rights, title, and interest in and to the 063 Patent and possesses all rights of recovery under the 063 Patent. 24. Defendants Chase Bank, Citibank, Capital One, Wells Fargo, Zions Bank, and Harris Bank each has infringed and continues to infringe the 063 Patent by presenting credit applicants with reasons for rejection of the credit application in accordance with the methods and systems claimed by the 063 Patent. 25. NextCard is entitled to recover from each Defendant the damages sustained by NextCard as a result of Defendant s wrongful acts in an amount subject to proof at trial. 26. Each Defendant s infringement of NextCard s exclusive rights under the 063 Patent will continue to damage NextCard s business, causing irreparable harm for which there is no adequate remedy at law, unless it is enjoined by this Court. JURY DEMAND 27. Plaintiff demands a trial by jury on all issues. PLAINTIFF S ORIGINAL COMPLAINT PAGE 6
Case 2:09-cv-00394-CE Document 1 Filed 12/22/09 Page 7 of 9 PRAYER FOR RELIEF Plaintiff NextCard, LLC respectfully requests this Court to enter judgment in its favor against Defendant, granting the following relief: A. An adjudication that each Defendant has infringed and continues to infringe claims of the asserted patents; B. An award of damages to NextCard against each Defendant in an amount adequate to compensate NextCard for each Defendant s acts of infringement together with prejudgment interest; D. An award of NextCard s costs of suit and reasonable attorneys fees pursuant to 35 U.S.C. 285 due to the exceptional nature of this case, or as otherwise permitted by law; E. A grant of permanent injunction pursuant to 35 U.S.C. 283, enjoining the Defendant from further acts of infringement; and F. Any further relief that this Court deems just and proper. PLAINTIFF S ORIGINAL COMPLAINT PAGE 7
Case 2:09-cv-00394-CE Document 1 Filed 12/22/09 Page 8 of 9 Dated: December 22, 2009 Respectfully Submitted, By: /s/ Eric S. Tautfest Eric S. Tautfest Attorney-In-Charge State Bar No. 24028534 etautfest@theware.com Donald Puckett State Bar No. 24013358 dpuckett@thewarefirm.com Leslie D. Ware State Bar No. 00785179 lware@thewarefirm.com Mark W. Born State Bar No. 24034334 mborn@thewarefirm.com George Scott State Bar No. 24061276 gscott@thewarefirm.com THE WARE FIRM 2101 Cedar Springs Road Suite 1900 Dallas, Texas 75201 214-744-5000 Telephone 214-744-5013 Facsimile Eric M. Albritton State Bar No. 00790215 ema@emafirm.com ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 (903) 757-8449 (903) 758-7397 Fax ATTORNEYS FOR PLAINTIFF NEXTCARD, LLC, PLAINTIFF S ORIGINAL COMPLAINT PAGE 8
Case 2:09-cv-00394-CE Document 1 Filed 12/22/09 Page 9 of 9 CERTIFICATE OF ELECTRONIC SERVICE This is to certify that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court s CM/ECF system per LOCAL RULE CV-5(a)(3) today, December 22, 2009. Any other counsel of record will be served by postage paid, certified first class mail, return receipt requested. /s/ Eric S. Tautfest PLAINTIFF S ORIGINAL COMPLAINT PAGE 9