UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

LO-Q PLC, Plaintiff, v. QLESS, INC., Defendant. Civ. No. ___________________

COMPLAINT FOR PATENT INFRINGEMENT JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT Plaintiff Lo-Q plc (Lo-Q) for its Complaint against Defendant QLess, Inc. (QLess), alleges as to its own acts, and on information and belief as to the acts of others, as follows: PARTIES 1. Lo-Q plc is a public limited company organized and existing under the

laws of the United Kingdom with a principle place of business located at Unit 2, The Pavillions, Ruscombe Park, Twyford, Berkshire RG10 9NN United Kingdom. 2. On information and belief, QLess is a Delaware corporation with a

principle place of business at 751 Laurel St. Ste 721, San Carlos, CA 94070 that may be served with process via its registered agent Incorporating Services, Ltd., 3500 South Dupont Highway, Dover, DE 19901.

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NATURE OF THE ACTION 3. This is a civil action arising under the patent laws of the United States, 35

U.S.C. 1 et seq. Lo-Q seeks monetary damages, and preliminary and permanent injunctive relief against QLess. JURISDICTION AND VENUE 4. This Court has subject matter jurisdiction over this action under 28 U.S.C.

1331 and 1338. 5. 6. Venue in this Court is proper under 28 U.S.C. 1391 and 1400. This Court has personal jurisdiction over QLess because it has regularly

engaged in business in the State of Florida and in this judicial district and purposefully availed itself of the privilege of conducting business in this judicial district, for example, by offering for sale, selling, and installing wireless queuing products that infringe Lo-Qs patent in this judicial district. LO-Q PATENTS 7. On April 7, 2009, the United States Patent and Trademark Office

(USPTO) duly and lawfully issued United States Patent No. 7,516,148 (the 148 patent), entitled Assigning and Managing Patron Reservations for Distributed Services Using Wireless Personal Communication Devices to inventors William Waytena, Amir H. Raubogel, and Robert R. Sachs. A true and correct copy of the 148 patent is attached hereto as Exhibit A. 8. The 148 patent is generally directed to assigning and managing patron

reservations via a personal communication device.

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9.

The 148 patent is currently in full force and effect, and pursuant to 35

U.S.C. 282 each and every claim of the 148 patent is presumed valid. 10. Lo-Q is the sole owner by assignment of all right, title, and interest in the

148 patent and all rights of recovery thereunder, including the right to sue for past infringement and recover past damages. FACTUAL BACKGROUND 11. Lo-Q has been a leader in the electronic queuing and reservation industry

since at least 1998. Lo-Q has invented, developed, manufactured, installed, and operated numerous electronic virtual queuing, reservation, and guest service systems in a large number of venues. Lo-Qs innovative technology has enabled millions of guests to avoid standing in line. 12. On information and belief, QLess is a start-up company that was founded

in California in 2007. QLess makes, uses, offers to sell, sells, and/or imports into the United States wireless queuing products directed to eliminating waiting in line and it offers services related to such products. QLess uses, offers to sell, and sells its wireless queuing products and related services in this judicial district, including at least at certain restaurants located in Tampa, Florida. COUNT I INFRINGEMENT OF THE 148 PATENT 13. reference. Paragraphs 1 through 12 of the Complaint are incorporated herein by

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14.

On information and belief, QLess has infringed or is infringing, literally or

under the doctrine of equivalents, one or more claims of the 148 patent in violation of 35 U.S.C. 271, or has induced or contributed to or is inducing or contributing to such infringement, by, among other things, making, using, offering to sell, selling, and/or importing into the United States wireless queuing products and/or offering services related to such products. 15. On information and belief, QLesss infringement was done actively and

with knowledge of the 148 patent, and such infringement is knowing, willful, and/or objectively reckless and constitutes willful infringement. 16. As a result of QLesss infringing conduct, Lo-Q has suffered, and will

continue to suffer, irreparable harm for which there is no adequate remedy at law. Lo-Q is entitled to preliminary and permanent injunctive relief against such infringement under 35 U.S.C. 283. 17. As a result of QLesss infringing conduct, Lo-Q has been damaged, will

be further damaged, and is entitled to be compensated for such damages, pursuant to 35 U.S.C. 284, in an amount to be determined at trial. EXCEPTIONAL CASE 18. reference. 19. This is an exceptional case justifying an award of attorney fees, costs, and Paragraphs 1 through 17 of the Complaint are incorporated herein by

expenses to Lo-Q pursuant to 35 U.S.C 285.

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JURY TRIAL DEMANDED 20. Lo-Q demands a trial by jury on all appropriate issues. PRAYER FOR RELIEF WHEREFORE, Lo-Q requests that the Court enter a Judgment and Order: (a) Finding that QLess has infringed, induced infringement of, and/or

contributorily infringed one or more claims of the 148 patent in violation of 35 U.S.C. 271; (b) Preliminarily and permanently restraining and enjoining QLess and its

directors, officers, employees, servants, agents, affiliates, subsidiaries, others controlled by it, and all persons in active concert or participation with it, from further infringing the 148 patent; (c) Awarding damages to Lo-Q to compensate it for QLesss wrongful acts in

accordance with 35 U.S.C 284; (d) infringement; (e) Declaring this case exceptional under 35 U.S.C. 285 and awarding Lo-Q Awarding Lo-Q treble damages in view of QLesss willful and deliberate

its attorney fees, costs, and expenses; (f) Q; and (g) proper. For such further equitable or other relief as the Court deems just and Awarding costs and expenses, and pre- and post-judgment interest to Lo-

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Dated: November 22, 2011

Respectfully submitted,

___________________________ William F. Long Georgia Bar No. 457,490 (pro hac vice application to be filed) Joshua D. Curry Florida Bar No. 36,925 Georgia Bar No. 117,378 SUTHERLAND ASBILL & BRENNAN LLP 999 Peachtree Street, N.E. Atlanta, Georgia 30309-3996 Phone (404) 853-8000 Facsimile (404) 853-8806 Email bill.long@sutherland.com josh.curry@sutherland.com F. Wallace Pope, Jr. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP 911 Chestnut Street Clearwater, Florida 33756 Phone (727) 461-1818 Facsimile (727) 441-8617 Email wallyp@jpfirm.com Attorneys for Plaintiff Lo-Q plc

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