Case 2:33-av-00001 Document 12777

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Jean-Marc Zimmerman Law Offices of Jean-Marc Zimmerman LLC 226 St. Paul Street Westfield, New Jersey 07090 Tel: (908) 654-8000 Fax: (908) 654-7207 jmzimmerman@lawofficesjmz.com Attorneys for Plaintiff Program Rewards Solutions LLC

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (hereinafter referred to as Defendant or MileageManager) is a corporation organized and 23 24 25 26 27 28 1

PROGRAM REWARDS V. MILEAGEMANAGER

PROGRAM REWARDS SOLUTIONS LLC Case No. Plaintiff, v. FREQUENT FLYER SERVICES D/B/A MILEAGEMANAGER, Defendant. COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

Program Rewards Solutions LLC (hereinafter referred to as Plaintiff or Program Rewards) demands a jury trial and complains against the defendant as follows: THE PARTIES 1. Program Rewards is a limited liability company organized and existing under the

laws of the State of Florida, having a place of business at 500 Newport Center Drive, 7th Floor, Newport Beach, California 92660. 2. Upon information and belief, Frequent Flyer Services d/b/a MileageManager

existing under the laws of the State of Colorado, doing business in this district.

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JURISDICTION AND VENUE This action arises under the patent laws of the United States of America, Title 35 of

the United States Code. This Court has jurisdiction of this action under 28 U.S.C. 1331 and 1338(a). 4. On information and belief, Defendant is doing business and committing

infringements in this judicial district and is subject to personal jurisdiction in this judicial district. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400(b). THE PATENT Plaintiff Program Rewards repeats and incorporates herein the entirety of the

allegations contained in paragraphs 1 through 5 above. 7. On January 26, 1999, U.S. Patent No. 5,864,822 (hereinafter referred to as the 822

patent) was duly and legally issued to Bernard R. Baker, III for an invention entitled Benefits Tracking and Correlation System For Use With Third-Party Enabling Organization. Plaintiff Program Rewards Solutions LLC is the exclusive licensee of the 822 patent, and possesses the exclusive right to sue for past, present, and future infringement of the 822 Patent. The 822 patent pertains to a system that allows users who are members of a plurality of third-party organizations that provide reward programs, to more effectively use these earned benefits towards a specific

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reward. A copy of the 822 patent is attached to this Complaint as Exhibit 1. CLAIM FOR PATENT INFRINGEMENT COUNT ONE 8. Plaintiff Program Rewards repeats and incorporates herein the entirety of the

allegations contained in paragraphs 1 through 7 above. 9. Defendant MileageManager has and still is directly infringing the 822 patent by,

among other things, operating a system accessible at www.mileagemanager.com (the MileageManager System) that enables consumers to manage and use benefits, such as miles and

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points, available from a variety of goods and service providers, such as airlines and hotels, in a manner defined by the claims of the 822 patent without permission from Program Rewards. 10. Program Rewards alleges, for example, that the MileageManager System infringes

claims 1, 9 and 17 of the 822 patent. Program Rewards reserves the right to identify additional claims of the 822 patent as being infringed by the MileageManager System. 11. Plaintiff has been damaged by Defendants infringement of the 822 patent and will

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PROGRAM REWARDS V. MILEAGEMANAGER

be irreparably harmed unless such infringing activities are enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, the Plaintiff Program Rewards prays for judgment against the Defendant MileageManager on all the counts and for the following relief: A. Declaration that the Plaintiff is the assignee of the 822 patent, and that the Plaintiff

has the right to sue and to recover for infringement thereof; B. C. D. Declaration that the 822 patent is valid and enforceable; Declaration that the Defendant has infringed the 822 patent; An accounting for damages under 35 U.S.C. 284 for MileageManagers

infringement of the 822 patent and the award of damages so ascertained to Plaintiff Program Rewards, together with interest as provided by law; E. F. Award of the Plaintiffs costs and expenses; and Such other and further relief as this Court may deem proper, just and equitable.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 12, 2011 Westfield, NJ

DEMAND FOR JURY TRIAL Plaintiff Program Rewards demands a trial by jury of all issues properly triable by jury in this action. By: /s/Jean-Marc Zimmerman Jean-Marc Zimmerman Law Offices of Jean-Marc Zimmerman LLC 226 St. Paul Street Westfield, NJ 07090 Tel: (908) 654-8000 Fax: (908) 654-7207 jmzimmerman@lawofficesjmz.com Attorneys for Plaintiff Program Rewards Solutions LLC

PROGRAM REWARDS V. MILEAGEMANAGER