Source 3 Systems v USA Today International et al by madisonip

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									     Case: 1:11-cv-04081 Document #: 1 Filed: 06/15/11 Page 1 of 5 PageID #:1



                     IN THE UNITED STATES DISTRICT COURT
                    FOR THE NORTHERN DISTRICT OF ILLINOIS
                               EASTERN DIVISION

SOURCE 3 SYSTEMS, LLC,                   )
                                         )
                    Plaintiff,           )      Civil Action No. 11-cv-4081
                                         )
                    v.                   )
                                         )      JURY TRIAL DEMANDED
                                         )
USA TODAY INTERNATIONAL                  )
CORPORATION and THE                      )
PANTAGRAPH PUBLISHING                    )
COMPANY,                                 )
               Defendants.               )

                                     COMPLAINT

      Plaintiff, Source 3 Systems, L.L.C. (“Source 3”) complains of Defendants USA

Today, Inc. (“USA Today”) and The Pantagraph Company (“Pantagraph”) (collectively

“Defendants”) as follows:

                                 NATURE OF THE SUIT

      1.     This is a claim for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code.

                                         PARTIES

      2.     Source 3 is an Arizona corporation with an office at 6007 S. 40th Street,

Suite 3, Phoenix, Arizona 85042. Source 3 also has an office in Barrington, Illinois,

where its Managing Director and one of the named inventors of the patent-in-suit

resides. Source 3 is in the business of servicing the publishing industry by providing

technology that enables publishing companies to provide better service to its customers

and reduce costs associated with advertising. Source 3‟s patented and proprietary

processes are used to assist with the construction, review and approval of billing
       Case: 1:11-cv-04081 Document #: 1 Filed: 06/15/11 Page 2 of 5 PageID #:2



statements for advertising customers who place advertisements in printed publications.

        3.      Source 3 owns all right, title, interest in and has standing to sue for the

infringement of United States Patent No. 7,099,837 entitled “System of Generating

Billing Statements for Published Advertising” which issued on August 29, 2006 (“the

„837 Patent”) and was granted a reexamination certificate on November 30, 2010.

        4.      USA Today is a Delaware corporation headquartered at 7950 Jones

Branch Drive, McLean, Virginia 22102. USA Today newspapers are printed, distributed

and marketed in Illinois.

        5.      Pantagraph is an Illinois corporation headquartered at 301 West

Washington Street, Bloomington, Illinois 61702.

                               JURISDICTION AND VENUE

        6.      This Court has exclusive jurisdiction over the subject matter of this case

under 28 U.S.C. § 1338(a).

        7.      All defendants are subject to personal jurisdiction in this Court, and venue

is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400(b). All defendants

are subject to personal jurisdiction in this Court, and all defendants transact business in

this district, at least by offering and servicing advertisement from customers located in

this judicial district.

                                 PATENT INFRINGEMENT

        8.      Defendants have directly and/or indirectly infringed at least claims 7 and 8

of the „837 patent by performing each of the steps of the claimed process for generating

billing statements for published advertising.

        9.      Upon information and belief, Defendants construct billing statements for




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advertising customers placing advertisements in their respective newspapers that utilize

a unique customer identifier for the advertising customer to be billed.

       10.    Upon information and belief, Defendants create a digital billing invoice,

which is associated with the customer‟s unique identifier, and provide the advertising

customer with the invoice.

       11.    Upon information and belief, Defendants create a digital advertisement,

which represents a printed advertisement image, with a unique advertisement identifier

and associate the unique customer identifier with the unique advertisement identifier

and store the digital advertisement in a database.

       12.    Upon information and belief, Defendants create a digital publication page,

which represents the printed publication page, with the digital advertisement thereon

and a unique page identifier that is associated with the unique advertisement identifier

and stored in a database.

       13.    Upon information and belief, Defendants enable their respective

customers to search for the digital advertisement in a database using a customer

identifier, identify a digital advertisement using a customer identifier, and display the

digital advertisement located using the customer identifier.

       14.    Upon information and belief, Defendants also enables its customers to

search for a digital publication page associated with the digital advertisement and

display the identified digital advertisement.

       15.    Upon information and belief, Defendants further enable their respective

customers to cross reference the billing invoice, advertisement, and digital publication

page from the invoice file to view a digital advertisement and verify publication of the




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advertisement.

       16.    Defendants‟ infringement has injured Source 3 and it 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, Plaintiff, Source 3 Systems, L.L.C., respectfully requests this

Court enter judgment against Defendants and against their subsidiaries, successors,

parents, affiliates, officers, directors, agents, servants, employees, and all persons in

active concert or participation with them, granting the following relief:

       A.     The entry of judgment in favor of Source 3;

       B.     An award of damages against Defendants adequate to compensate

Source 3 for the infringement that has occurred (together with prejudgment interest from

the date the infringement began), but in no event less than a reasonable royalty as

permitted by 35 U.S.C. § 284;

       C.     A permanent injunction prohibiting further infringement, inducement of

infringement and/or contributory infringement of the „837 patent; and,

       D.     Such other relief that Source 3 is entitled to under law and any other relief

that this Court or a jury may deem just and proper.




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                             JURY DEMAND

Source 3 demands a trial by jury on all issues presented in this complaint.


                                  Source 3 Systems L.L.C.




                                   /s/ Paul K. Vickrey
                                  Paul K. Vickrey
                                  Frederick C. Laney
                                  Christopher W. Niro
                                  Niro, Haller & Niro
                                  181 West Madison, Suite 4600
                                  Chicago, Illinois 60602-4515
                                  (312) 236-0733
                                  Fax: (312) 236-3137

                                  Attorneys for Plaintiff




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