Case: 1:11-cv-05939 Document #: 1 Filed: 08/26/11 Page 1 of 4 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MARKETING TECHNOLOGY CONCEPTS, INC., Plaintiff, v. LAUNCHSPRING, LLC and EXCELLENCE IN MOTIVATION, INC., Defendants. COMPLAINT FOR PATENT INRINGEMENT Plaintiff Marketing Technology Concepts, Inc. complains of defendants LaunchSpring, LLC and Excellence In Motivation, Inc. (collectively, Defendants) as follows: NATURE OF THE CASE 1. This is a claim for patent infringement that arises under the patent law of the Case No. JURY TRIAL DEMANDED

United States, Title 35 of the United States Code. This Court has original jurisdiction over the subject matter of this claim under 28 U.S.C. 1331 and 1338 (a). THE PARTIES 2. Marketing Technology Concepts, Inc. (MTC) is an Illinois corporation having

its principal place of business at 1827 Walden Office Square, Suite 200, Schaumburg, Illinois 60173-4275. MTC offers software solutions, such as its SpiffCENTRAL program, that

specialize in helping manufacturers, distributors, and resellers develop sales incentive programs. 3. MTC owns and has standing to sue for infringement of United States Patent No.

7,778,870 (the 870 patent or the asserted patent) entitled System And Method For Managing, Monitoring And Reporting On A Plurality Of Online Incentive Programs, which issued on August 17, 2010.

Case: 1:11-cv-05939 Document #: 1 Filed: 08/26/11 Page 2 of 4 PageID #:2

4.

Upon information and belief, LaunchSpring, LLC (LaunchSpring) is an Illinois

limited liability corporation, having its principal place of business at 1933 North Campbell, Suite 3N, Chicago, Illinois 60647-9130. LaunchSpring is a competitor of MTC. 5. Excellence In Motivation, Inc. (EIM) is an Ohio corporation, having its

principal place of business at 6 North Main Street, Suite 370, Dayton, Ohio 45402. EIM is a competitor of MTC. JURISDICTION AND VENUE 6. LaunchSpring owns, operates, and/or conducts business both through its website

www.launchspring.com, through which it distributes, sells, and offers for sale its sales incentive management systems. 7. LaunchSpring is a resident of Illinois, is currently doing business in this judicial

district, has purposefully availed itself of the privilege of conducting business with residents of this judicial district, has purposefully reached out to residents of this judicial district, and has established sufficient minimum contacts with the State of Illinois such that it should reasonably and fairly anticipate being haled into court in Illinois. 8. EIM owns, operates, and/or conducts business both through its website www.eim-

inc.com, through which it distributes, sells, and offers for sale its sales incentive management systems. 9. EIM is currently doing business in this judicial district, has purposefully availed

itself of the privilege of conducting business with residents of this judicial district, has purposefully reached out to residents of this judicial district, and has established sufficient minimum contacts with the State of Illinois such that it should reasonably and fairly anticipate being haled into court in Illinois. 10. Venue is proper in this district under 28 U.S.C. 1391(c) and 1400(b).

-2-

Case: 1:11-cv-05939 Document #: 1 Filed: 08/26/11 Page 3 of 4 PageID #:3

CLAIMS FOR PATENT INFRINGEMENT 11. U.S.C. 287. 12. LaunchSpring has sold and provided, and continues to sell and provide, its sales To the extent required by law, MTC has complied with the provisions of 35

incentive management systems, including without limitation the Fuel Incentive Management System. 13. LaunchSpring has infringed and continues to infringe at least claims 1, 21, 33, and

34 within the meaning of 35 U.S.C. 271 (a) by making, using, selling, and offering to sell its sales incentive management systems, including without limitation the Fuel Incentive Management System. 14. EIM has sold and provided, and continues to sell and provide, its sales incentive

management systems, including without limitation the sales incentive management system marketed as SalesPro. 15. EIM has infringed and continues to infringe at least claims 1, 21, 33, and 34

within the meaning of 35 U.S.C. 271 (a) by making, using, selling, and offering to sell its sales incentive management systems, including without limitation the sales incentive management system marketed as SalesPro. 16. Defendants above stated acts of infringement have injured MTC and MTC is

entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty. PRAYER FOR RELIEF WHEREFORE, MTC respectfully asks this Court to enter judgment against each of LaunchSpring and EIM, granting the following relief: a. The entry of judgment in favor of MTC and against Defendants;

-3-

Case: 1:11-cv-05939 Document #: 1 Filed: 08/26/11 Page 4 of 4 PageID #:4

b.

An award of damages as to each Defendant, such damages adequate to compensate MTC for the infringement that has occurred, but in no event less than a reasonable royalty as permitted by 35 U.S.C. 284, together with prejudgment interest from the date the infringement began;

c.

A permanent injunction prohibiting each Defendant from further acts of infringement of the asserted patent; and

d.

Such other relief that MTC is entitled to under law, and any other relief that this Court or a jury may deem just and proper. JURY DEMAND

MTC demands a trial by jury on all issues presented in this Complaint. Respectfully submitted, /s/ Paul K. Vickrey Paul K. Vickrey Frederick C. Laney Oliver D Yang NIRO, HALLER & NIRO 181 W. Madison, Suite 4600 Chicago, IL 60602 (312) 236-0733 Fax: (312) 236-3137 vickrey@nshn.com laney@nshn.com Attorneys for Marketing Technology Concepts, Inc.

-4-