Case 1:12-cv-00465 Document 1

Filed 05/29/12 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE \ilESTERN DISTRICT OF TEXAS

CLICK-TO-CALL TECHNOLOGIES LP, Plaintiff,

vs.

$ $

s s
$

$
$

Civil Action No. 1:12-cv-00465

JURY TRIAL DEMANDED

AT&T, INC.; INGENIO, INC.; YELLO\ryPAGES.COM LLC; ETHER' A DIVISION OF INGENIO,INC.; AND INGENIO,INC., DOING BUSINESS AS
KEEN,
Defendants.

$
$ $ $ $ $

s
$

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Click-to-Call Technologies LP ("CTC" or "Plaintiff') files this Complaint for
patent infringement against Defendant AT&T, Inc. and the following "AT&T Companies and Services Defendants": Ingenio, Inc.; YELLOWPAGES.COM LLC dlbla

AT&T

Interactive;

Ether, a division of Ingenio, Inc.; and Ingenio, Inc., doing business as Keen (all collectively,

"Defendants"). Plaintiff alleges:

THE PARTIES

1. 2. 3.

Plaintiff CTC is a Texas Limited Partnership, with its principal place of business

in Austin, Texas.
Defendant AT&T, Inc. ("AT&T") is a Delaware corporation with its principal

place of business at208 S. Akard, Dallas, Texas 75202. Defendant Ingenio, Inc. ("Ingenio") is a wholly owned subsidiary of AT&T with

its principal place of business at#331, 100 First Street, Suite 100, San Francisco, CA 94105.

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4.

Defendant YELLOWPAGES.COM

LLC dlbla AT&T

Interactive

("YellowPages.com"), a wholly owned subsidiary of AT&T, is a Califomia limited liability

company with its principal place of business af 611N. Brad Blvd. Floor 5 Glendale, CA 91203.

5.
subsidiary

Defendant Ether,

a division of Ingenio, Inc. ("Ether") is a wholly

business

owned

of AT&T with its principal place of

at 182 Howard Street, # 826, San

Francisco, CA 94105.

6.
subsidiary

Defendant Ingenio, Inc., doing business as Keen ("Keen") is a wholly owned

of AT&T with its principal place of

business

at

182 Howard Street, #826, San

Francisco, CA 94105.

JURISDICTION AND VENUE

7.
SE|.

The Court has subject matter jurisdiction pursuant to 28 U.S.C. $$ 1331 and

133S(a) because this action arises under the patent laws of the United States, 35 U.S.C. $$

I er

Venue is proper in this District pursuant to 28 U.S.C. $$ 1391(b)-(c) and 1400(b)

because this Court has personal jurisdiction over Defendants, and CTC has its principal place business in this District.

of

9.
infringement

Defendants have done business

in this District, have committed acts of

District,

in this District, and continue to commit acts of infringement in this

entitling Plaintiff to relief.

10.

Defendants are properly joined in this action because the AT&T Companies and

Services Defendants are all wholly owned subsidiaries of AT&T and AT&T owns the infringing YellowPages.com and Ingenio products and services, including Ether and Keen.

BACKGROUND

11.

CTC is the owner of United States Patent 5,818,836 (the "'836 patent").

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12. The '836 patent was issued on October 6, 1998 and the PTO issued a
reexamination certificate for the '836 patent on December 30, 2008. A true and correct copy of
the '836 patent is attached hereto as Exhibit A.

INFRINGEMENT OF U.S. PATENT 5.818.836

13.

AT&T has infringed and continues to infringe one or more claims of the '836

patent by its manufacture, use, sale, importation, licensing andlor offer for sale of its products

and services utilizing Ingenio's voice-commerce applications and YellowPages.com's local

search services, as well as any predecessor products and any products which include a telephony

call initiated on a website. AT&T also has infringed and continues to infringe one of more claims of the '836 patent by contributing to and actively inducing others to use, sell, import, and/or offer

for sale infringing products and/or services. AT&T is liable for its infringement of the '836
patent pursuant to 35 U.S.C . 5 271.

14.

Ingenio has infringed and continues to infringe one or more claims of the '836

patent by its manufacture, use, sale, importation, licensing and/or offer for sale of its voicecommerce applications, including Pay Per Call, Live Advice, and Ether, as

well as any

predecessor products and any products which include a telephony call initiated on a website.

Ingenio also has infringed and continues to infringe one of more claims of the '836 patent by contributing to and actively inducing others to use, sell, import,and/or offer for sale infringing products and/or services. Ingenio is liable for its infringement of the '836 patent pursuant to 35

u.s.c.

271.

15.

YellowPages.com has infringed and continues to infringe one or more claims of

the '836 patent by its manufacture, use, sale, importation, licensing and/or offer for sale of
Ingenio's voice-commerce applications, as well as any predecessor products and any products

which include a telephony call initiated on a website or other Internet Protocol interface.
YellowPages.com also has infringed and continues to infringe one of more claims of the'836
patent by contributing to and actively inducing others to use, sell, import,andlor offer for sale

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infringing products and/or services. YellowPages.com is liable for its infringement of the '836
patent pursuant to 35 U.S.C . 271.

16.

Ether has infringed and continues to infringe one or more claims of the '836

patent by its manufacture, use, sale, importation, licensing and/or offer for sale

of Ingenio's

voice-commerce applications, as well as any predecessor products and any products which include a telephony call initiated on a website. Ether also has infringed and continues to infringe
one of more claims of the '836 patent by contributing to and actively inducing others to use, sell,

import, and/or offer for sale infringing products and/or services. Ether is liable for its
infringement of the '836 patent pursuant to 35 U.S.C. 27L

17.

Keen has infringed and continues to infringe one or more claims of the '836

patent by its manufacture, use, sale, importation, licensing and/or offer for sale

of Ingenio's

voice-commerce applications, as well as any predecessor products and any products which include a telephony call initiated on a website. Keen also has infringed and continues to infringe
one of more claims of

the'836 patent by contributing to and actively inducing others to use, sell,

import, and/or offer for sale infringing products and/or services. Keen
infringement of the '836 patent pursuant to 35 U.S.C . 271.

is liable for its

is

18.

Defendants' acts

of infringement have caused damage to CTC, and CTC

entitled to recover from Defendants the damages wrongful acts in an amount subject to proof at trial.

it

has sustained as a result of Defendants'

WILLFUL INFRINGEMENT

19.

Defendants infringement of the '836 patent is

willful and deliberate, entitling

Plaintiff to increased damages under 35 U.S.C. $ 2S4 and to attorneys' fees and costs incurred in
prosecuting this action under 35 U.S.C. $ 285.

20. 21.

The inventor of the '836 patent, Stephen DuVal, licensed the '836 patent to

InfoRocket.com, Inc. ("InfoRocket") in June 200 I .

InfoRocket made royalty payments

in 2002 and 2003 in accordance with the

license agreement. As part of the license agreement, InfoRocket had the right to sue infringers,

4
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and shortly after obtaining the license to the patent, InfoRocket sued Keen. As part of the lawsuit

settlement, Keen bought InfoRocket and obtained the license agreement that DuVal executed

with InfoRocket. In 2003, the Keen/InfoRocket company changed its name to Ingenio. Ingenio
made the 2003 payment pursuant to the license agreement. Ingenio later stopped making royalty payments and canceled the exclusive license agreement with DuVal.

22. In April

2004, Ingenio instituted

a ex parte reexamination

proceeding,

challenging the validity of the '836 patent based on prior art. In June 2004, the PTO began
reexamination proceedings.

23. AT&T 24.

acquired Ingenio

in

November 2007 during the pendency

of

the

reexamination proceeding.

In September 2008, the PTO issued its Notice of Intent to Issue Reexamination

Certificate, which distinguished the prior art and validated the '863 patent. As the formal
requester of the reexamination of the '836 patent, attomeys for

AT&T received notification from

the United States Patent and Trademark Office of this Notice of Intent to Issue the ReExamination Certifi cate.

JURY DEMAND

25.

Plaintiff demands atrial by jury on all issues.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests entry ofjudgment in their favor and against Defendants
as

follows:

a) b)

Declaring that each Defendant has infringed directly, andlor indirectly, U.S.

Patent 5,818,836.

Permanently enjoining each Defendant, and

its

respective officers, agents,

employees, and those acting

in privity with each Defendant, from fuither infringement,

contributory infringement, and/or inducing infringement of U.S. Patent 5,818,836;

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c)

Awarding damages arising out of each Defendant's infringement of U.S. Patent

5,818,836, including enhanced damages, if applicable, pursuant to 35 U.S.C. $ 284 together with prejudgment and post-judgment interest, in an amount according to proof;

d)
by law; and

An award of attorneys' fees pursuant to 35 U.S.C. $ 285 or as otherwise permitted

e)

For such other costs and further relief as the Court may deem just and proper.

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DATED: May 29,2012

Respectfully submitted,

By: /s/Brian D. Melton Brian D. Melton State Bar No. 24010620

bmelton@susmangodfrey. com SusvnN GorRpv L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 77002 Telephone: (713) 651-9366 Facsimile: (713) 654-6666 Lead Attorney for Plaintiff Click-to-Call Technolosies LP

Max L. Tribble Jr. State Bar No. 20213950

mtribble@susmangodfrey. com SusveN GoonRnv L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 77002 Telephone: (713) 651-9366 Facsimile: (713) 654-6666

Ashley McMillian State Bar No.24070252 amcmi llian@susmangodfrey. com SusvnN Goonnsv L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 77002 Telephone: (713) 651-9366 Facsimile: (713) 654-6666 Attorneys for Plaintiff Click-to-Call Technoloeies LP

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