ORG Structure Innovations v. Fischer International Identity

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ORG STRUCTURE INNOVATIONS, LLC, Plaintiff, v.
FISCHER INTERNATIONAL IDENTITY, LLC, Defendant. Civil Action No. _________
JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT Plaintiff ORG Structure Innovations, LLC (ORG Structure or Plaintiff), for its Complaint against Defendant Fischer International Identity, LLC (Fischer or Defendant) alleges the following: THE PARTIES 1. ORG Structure is a limited liability company organized under the laws of the
State of Texas with a place of business at 8416 Old McGregor Road, Woodway, Texas 76712. 2. On information and belief, Fischer is a company organized and existing under the
laws of the State of Delaware, with its principal place of business at 5801 Pelican Bay Blvd., Naples, Florida 34108. JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the Patent Laws of the
United States, 35 U.S.C. 1 et seq. 4. 5. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338. Jurisdiction and venue are proper because Defendant is incorporated in this
judicial district. Further, jurisdiction and venue are proper because, upon information and belief,
Page 1 of 5
Defendant conducts substantial business in this forum, directly or through intermediaries, including: (i) at least a portion of the infringements alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses of conduct and/or deriving substantial revenue from goods and services provided to individuals in this judicial district. 6. Venue is proper in this judicial district under 28 U.S.C. 1391(c) and 1400(b). THE PATENTS-IN-SUIT 7. On March 23, 2010, United States Patent No. 7,685,156 (the 156 Patent),
entitled Systems and Methods for Rule Inheritance, was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 156 Patent is attached as Exhibit A to this Complaint. 8. ORG Structure is the assignee and owner of the right, title, and interest in and to
the 156 Patent, including the right to assert all causes of action arising under said patent and the right to any remedies for infringement of it. 9. On October 26, 2010, United States Patent No. 7,822,777 (the 777 Patent),
entitled Systems and Methods for Rule Inheritance, was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 777 Patent is attached as Exhibit B to this Complaint. 10. ORG Structure is the assignee and owner of the right, title, and interest in and to
the 777 Patent, including the right to assert all causes of action arising under said patent and the right to any remedies for infringement of it. COUNT I INFRINGEMENT OF U.S. PATENT NO. 7,685,156 11. ORG Structure repeats and re-alleges the allegations of paragraphs 1 through 10
as if fully set forth herein.
Page 2 of 5
12.
Without license or authorization and in violation of 35 U.S.C. 271(a), Defendant
has infringed and continues to infringe at least claim 1 of the 156 Patent by making, using, offering for sale, and/or selling within this district and elsewhere in the United States and/or importing into this district and elsewhere in the United States, certain computer program products, including, without limitation, the computer software Identity Management, that embody subject matter claimed in the 156 Patent (the Accused Product). 13. Defendant was aware of the 156 Patent and their infringement thereof at least as
early as the filing of this Complaint. 14. Further, by the manufacture, use, importation, sale, and/or offer to sale of such
computer software, as well as by other activities, including but not limited to, the support and maintenance of computer software having, providing, or otherwise enabling the systems and methods of the 156 Patent, occurring after the filing date of this Complaint, upon information and belief, Defendant has been contributing to and/or actively inducing the infringement of said patent by others in the United States under at least 35 U.S.C. 271(b) and (c). 15. Upon information and belief, at least as of the filing of this Complaint, the
Defendant specifically intended to induce infringement by its customers and others by at least the acts set forth in paragraph 12. 16. Patent. COUNT II INFRINGEMENT OF U.S. PATENT NO. 7,822,777 17. ORG Structure repeats and re-alleges the allegations of paragraphs 1 through 16 ORG Structure has been damaged by Defendants activities infringing the 156
as if fully set forth herein. 18. Without license or authorization and in violation of 35 U.S.C. 271(a), Defendant
has infringed and continues to infringe at least claim 1 of the 777 Patent by making, using, Page 3 of 5
offering for sale, and/or selling within this district and elsewhere in the United States and/or importing into this district and elsewhere in the United States, certain computer program products, including, without limitation, the Accused Product. 19. Defendant was aware of the 777 Patent and their infringement thereof at least as
early as the filing of this Complaint. 20. Further, by the manufacture, use, importation, sale, and/or offer to sale of such
computer software, as well as by other activities, including but not limited to, the support and maintenance of computer software having, providing, or otherwise enabling the systems and methods of the 777 Patent, occurring after the filing date of this Complaint, upon information and belief, Defendant has been contributing to and/or actively inducing the infringement of said patent by others in the United States under at least 35 U.S.C. 271(b) and (c). 21. Upon information and belief, at least as of the filing of this Complaint, the
Defendant specifically intended to induce infringement by its customers and others by at least the acts set forth in paragraph 18. 22. Patent. JURY DEMAND ORG Structure demands a trial by jury on all issues triable as such. PRAYER FOR RELIEF WHEREFORE, ORG Structure requests that this Court enter judgment against Defendant as follows: A. B. An adjudication that Defendant has infringed the 156 and 777 Patents; An award of damages to be paid by Defendant, adequate to compensate ORG ORG Structure has been damaged by Defendants activities infringing the 777
Structure for Defendant's past infringement of the 156 and 777 Patents, and any continuing or Page 4 of 5
future infringement through the date such judgment is entered, including interest, costs, expenses and an accounting of all infringing acts including, but not limited to, those acts not presented at trial; C. An award of an ongoing royalty to be paid by Defendant in an amount to be
determined for any continued infringement of the 156 and/or 777 Patents after the date judgment is entered; D. A declaration that this case is exceptional under 35 U.S.C. 285, enhanced
damages, and an award of ORG Structure's reasonable attorneys fees; and E. An award to ORG Structure of such further relief at law or in equity as the Court
deems just and proper. Dated: November 14, 2012 STAMOULIS & WEINBLATT LLC /s/ Stamatios Stamoulis Stamatios Stamoulis #4606 [email protected] Richard C. Weinblatt #5080 [email protected] Two Fox Point Centre 6 Denny Road, Suite 307 Wilmington, DE 19809 Telephone: (302) 999-1540 Attorneys for Plaintiff Org Structure Innovations, LLC
Page 5 of 5

ORG Structure Innovations v. Fischer International Identity

Uploaded by

Copyright:

Available Formats

ORG Structure Innovations v. Fischer International Identity

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

ORG Structure Innovations v. Fischer International Identity

Uploaded by

Copyright:

Available Formats

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ORG STRUCTURE INNOVATIONS, LLC, Plaintiff, v.

FISCHER INTERNATIONAL IDENTITY, LLC, Defendant. Civil Action No. _________

JURY TRIAL DEMANDED

as if fully set forth herein.

Without license or authorization and in violation of 35 U.S.C. 271(a), Defendant

You might also like