UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION WEBVENTION LLC Plaintiff, v.

Case No. 2:11-cv-225 1. ALLERGAN, INC.; 2. EVEREADY BATTERY COMPANY, INC.; 3. NORDSTROM, INC.; 4. UNILEVER UNITED STATES, INC.; 5. HDR, INC.; 6. MERCEDES-BENZ USA, LLC; 7. DAIMLER, AG; 8. ROBERT HALF INTERNATIONAL INC.; 9. BASS PRO OUTDOOR WORLD, L.L.C.; 10. MERCK & CO., INC. 11. L. L. BEAN, INC.; 12. POLO RALPH LAUREN CORP.; 13. ROYAL CARIBBEAN CRUISES LTD.; 14. VIBRANT MEDIA INC.; 15. HULU, L.L.C.; 16. TOMMY HILFIGER USA, INC.; 17. TOMMY HILFIGER GROUP, BV; 18. THE VALSPAR CORPORATION; 19. VOLT DELTA RESOURCES, L.L.C.; 20. VOLT INFORMATION SCIENCES, INC.; 21. T. ROWE PRICE GROUP, INC.; 22. SAIC, INC. Defendants. PLAINTIFFS ORIGINAL COMPLAINT 1. Plaintiff WEBVENTION LLC files this Original Complaint against the aboveJURY TRIAL DEMANDED

named Defendants, alleging as follows:

THE PARTIES 2. Plaintiff WEBVENTION LLC, (Webvention) is a Texas Limited Liability

Company with its principal place of business at 505 East Travis Street, Suite 209, Marshall, Texas 75670. 3. Defendant ALLERGAN, INC. (Allergan) is a Delaware corporation having its

principal offices located at 2525 Dupont Drive, Irvine, CA, 92612. Allergan may be served with process via its registered agent, Corporation Service Company D/B/A CSC - LAWYERS INCO., located at 211 E. 7th Street, Suite 620, Austin, TX 78701. 4. Defendant EVEREADY BATTERY COMPANY, INC. (Eveready) is a

Missouri corporation having its principal offices located at 533 Maryville University Drive, St. Louis, Missouri, 63141. Eveready may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 5. Defendant NORDSTROM, INC. (Nordstrom) is a Washington corporation

having its principal offices located at 1617 Sixth Avenue, Seattle, Washington, 98101. Nordstrom may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 6. Defendant UNILEVER UNITED STATES, INC. (Unilever U.S.) is a Delaware

corporation having its principal offices located at 700 Sylvan Avenue, Englewood Cliffs, New Jersey 07632-3113. Unilever U.S. may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 7. Defendant HDR, Inc. (HDR) is a Delaware corporation having its principal

offices located at 8404 Indian Hills Drive, Omaha, NE 68114-4098. HDR may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 2

8.

Defendant MERCEDES-BENZ, USA, LLC (MBUSA) is a Delaware

Corporation having its principle place of business at 3 Mercedes Dr., Montvale, NJ 07645. MBUSA may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 9. Defendant DAIMLER, AG (Daimler) is incorporated in the Federal Republic of

Germany with its principal place of business located at Mercedesstrasse 137, 70327 Stuttgart, Germany. Daimler may be served through the Hague Service Convention. 10. Defendant ROBERT HALF INTERNATIONAL INC. (Robert Half) is a

Delaware corporation having its principal offices located at 2884 Sand Hill Road, Menlo Park, California, 94025. Robert Half may be served with process via its registered agent, CT

Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 11. Defendant BASS PRO OUTDOOR WORLD, L.L.C. (Bass Pro) is a Missouri

corporation having its principal offices located at 2500 E. Kearney St., Springfield, MO 658980002. Bass Pro may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 12. Defendant MERCK & CO., INC. (Merck) is a New Jersey corporation with a

principal place of business located at One Merck Drive, Whitehouse Station, NJ 08889-0100. Merck may be served with process by serving its registered agent The Corporation Trust Company, 820 Bear Tavern Rd., West Trenton, New Jersey, 08628. 13. Defendant L. L. BEAN, INC. (L.L. Bean) is a Main corporation. L.L. Bean

may be served with process at its principal place of business, located at 15 Casco Street, Freeport, Maine 04033. L.L. Bean may be served with process by serving its registered agent, George S. Isaacson at P.O. Box 3070, Lewiston, ME 04343.

14.

Defendant POLO RALPH LAUREN CORPORATION (Ralph Lauren) is a

Delaware corporation having its principal offices located at 650 Madison Avenue, New York, New York 10022. Ralph Lauren may be served through its registered agent Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. 15. Defendant ROYAL CARIBBEAN CRUISES LTD. (Royal Caribbean) is

incorporated in the Republic of Liberia, and has its principal offices located at 1050 Caribbean Way, Miami, Florida 33132. Royal Caribbean may be served with process via Bradley H. Stein, at 1050 Caribbean Way, Miami, Florida 33132. 16. Defendant VIBRANT MEDIA INC. (Vibrant Media) is a California

corporation having its principal offices located at 565 5th Avenue, 15th Floor, New York, New York 10017. Vibrant Media may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 17. Defendant HULU, LLC (Hulu) is a Delaware corporation having its principal

offices located at 12312 West Olympic Boulevard., Los Angeles, CA 90064-1033. Hulu may be served with process via its registered agent, Corporation Service Company D/B/A CSC LAWYERS INCO., 211 E. 7th Street, Suite 620, Austin, TX 78701. 18. Defendant TOMMY HILFIGER USA, INC. (Tommy Hilfiger USA) is a

Delaware corporation having its principal offices located at 200 Liberty Way, Cranbury, NJ 08512-3621. Tommy Hilfiger USA may be served with process via its registered agent,

Corporation Service Company D/B/A CSC - LAWYERS INCO., 211 E. 7th Street, Suite 620, Austin, TX 78701. 19. Defendant TOMMY HILFIGER GROUP, B.V. (Tommy Hilfiger Group) is a

Dutch corporation with its principal offices located at Stadhouderskade 6, Amsterdam, 1054 ES,

the Netherlands. Tommy Hilfiger Group can be served with process through the Hague Service Convention. 20. Defendant THE VALSPAR CORPORATION (Valspar) is a Delaware

corporation having its principal offices located at 901 3rd Avenue South, Minneapolis, MN 55402. Valspar may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 21. Defendant VOLT DELTA RESOURCES, LLC (Volt Delta) is a Texas

corporation having its principal offices located at 560 Lexington Avenue, Floor 16C, New York, New York 10022. Volt Delta may be served with process via its registered agent, CT

Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 22. Defendant VOLT INFORMATION SCIENCES, INC. (Volt Information

Sciences) is a New York corporation having its principal offices located at 1065 Avenue of the Americas, New York, New York 10018. Volt Information Sciences may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 23. Defendant T. ROWE PRICE GROUP, INC. (T. Rowe Price) is a Maryland

corporation having its principal offices located at 100 East Pratt Street, Baltimore, Maryland 21202. T. Rowe Price may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201. 24. Defendant SAIC, INC. (SAIC) is a Delaware corporation having its principal

offices located at 1710 SAIC Drive, McLean, Virginia 22102. SAIC may be served with process via its registered agent, CT Corporation System, located at 350 N. St. Paul St., Ste 2900, Dallas, TX 75201.

JURISDICTION AND VENUE 25. This is an action for infringement of United States patents arising under 35 U.S.C.

271; 281; 284-285; and 171, among others. This Court has subject matter jurisdiction of this action under Title 28 U.S.C. 1331 and 1338(a). 26. The Court has general and specific personal jurisdiction over each Defendant, and

venue is proper pursuant to 28 U.S.C. 1391 and 1400(b). Each Defendant has substantial contacts with the forum as a result of conducting substantial business within the State of Texas and within this District. Upon information and belief, each Defendant regularly solicits business in the State of Texas and in this District, and derives substantial revenue from products and/or services provided to individuals residing in the State of Texas and in this District. In addition, each Defendant conducts business utilizing the patent-at-suit, with and for reesidents in the State of Texas and this District. Upon information and belief, each Defendant provides and/or markets its products, services and information in this District through its website(s). By means of its website(s), each Defendant has committed and continues to commit acts of patent infringement in the State of Texas and in this District. 27. 1400(b). INFRINGEMENT OF U.S. PATENT NO. 5,251,294 28. On October 5, 1993, United States Patent No. 5,251,294 (the 294 patent) was Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. 1391 and

duly and legally issued for Accessing, Assembling, and Using Bodies of Information. Webvention is the owner by assignment of all rights, title and interest in and to the 294 patent and possesses all rights of recovery thereunder. A true and correct copy of the 294 patent is attached hereto as Exhibit A.

29.

Upon

information

and

belief,

Defendant

Allergan

infringed

directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Allergan makes, has made, uses and/or makes available for use in the United States, the www.refreshbrand.com website. 30. Upon information and belief, Defendant Eveready infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Eveready makes, has made, uses and/or makes available for use in the United States, the www.energizer.com website. 31. Upon information and belief, Defendant Nordstrom infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Nordstrom makes, has made, uses and/or makes available for use in the United States, the http://shop.nordstrom.com/ website. 32. Upon information and belief, Defendant Unilever U.S. infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Unilever U.S. makes, has made, uses and/or makes available for use in the United States, the http://www.unilever.com/ website. 33. Upon information and belief, Defendant HDR infringed directly, contributorily,

and/or through the inducement of others, the 294 patent by making, having made, using and/or

making available for use websites that practice or embody the patented invention. For example, and without limitation, HDR makes, has made and/or uses its http://www.hdrinc.com/ website. 34. Upon information and belief, Defendant MBUSA infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, MBUSA makes, has made, uses and/or makes available for use in the United States, the http://www.mbusa.com/ website. 35. Upon information and belief, Defendant Daimler infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Daimler makes, has made, uses and/or makes available for use in the United States, the http://www.daimler.com/ website in the United States. 36. Upon information and belief, Defendant Robert Half infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Robert Half makes, has made, uses and/or makes available for use in the United States, the http://www.rhi.com/ website. 37. Upon information and belief, Defendant Bass Pro infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Bass Pro makes, has made, uses and/or makes available for use in the United States, the http://www.basspro.com website.

38.

Upon information and belief, Defendant Merck infringed directly, contributorily,

and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Merck makes, has made, uses and/or makes available for use in the United States, the http://www.merck.com/ website. 39. Upon information and belief, Defendant L.L. Bean infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, L.L. Bean makes, has made, uses and/or makes available for use in the United States, the www.llbean.com website. 40. Upon information and belief, Defendant Ralph Lauren infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Ralph Lauren makes, has made, uses and/or makes available for use in the United States, the www.ralphlauren.com website. 41. Upon information and belief, Defendant Royal Caribbean infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Royal Caribbean makes, has made, uses and/or makes available for use in the United States, the http://www.royalcaribbean.com/home.do website. 42. Upon information and belief, Defendant Vibrant Media infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention.

For example, and without limitation, Vibrant Media makes, has made, uses and/or makes available for use in the United States, the http://www.vibrantmedia.com/ website. 43. Upon information and belief, Defendant Hulu infringed directly, contributorily,

and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Hulu makes, has made, uses and/or makes available for use in the United States, the http://www.hulu.com/ website. 44. Upon information and belief, Defendant Tommy Hilfiger USA infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Tommy Hilfiger USA makes, has made, uses and/or makes available for use in the United States, the http://usa.tommy.com/tommy/ website. 45. Upon information and belief, Defendant Tommy Hilfiger Group infringed

directly, contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Tommy Hilfiger Group makes, has made, uses and/or makes available for use in the United States, the

http://usa.tommy.com/tommy/ website. 46. Upon information and belief, Defendant Valspar infringed directly, contributorily,

and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Valspar makes, has made, uses and/or makes available for use in the United States, the http://www.valsparpaint.com/en/how-to/interior/ website.

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47.

Upon information and belief, Defendant Volt Delta infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Volt Delta makes, has made, uses and/or makes available for use in the United States, the http://www.voltdelta.com/ website. 48. Upon information and belief, Defendant Volt Information Sciences infringed

directly, contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, Volt Information Sciences makes, has made, uses and/or makes available for use in the United States, the http://www.voltdelta.com/ website. 49. Upon information and belief, Defendant T. Rowe Price infringed directly,

contributorily, and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, T. Rowe Price makes, has made, uses and/or makes available for use in the United States, the https://individual.troweprice.com website. 50. Upon information and belief, Defendant SAIC infringed directly, contributorily,

and/or through the inducement of others, the 294 patent by making, having made, using and/or making available for use websites that practice or embody the patented invention. For example, and without limitation, SAIC makes, has made, uses and/or makes available for use in the United States, the http://media.saic.com/ website. 51. Webvention has been damaged as a result of Defendants infringing conduct.

Defendants are thus liable to Webvention in an amount that adequately compensates Webvention

11

for Defendants infringement of the 294 patentwhich, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. 52. Upon information and belief, Defendants infringement of the 294 patent has

been willful and deliberate, entitling Webvention to enhanced damages under 35 U.S.C. 284 and to attorneys fees and costs incurred in prosecuting this action under 35 U.S.C. 285. JURY DEMAND 53. Webvention hereby requests trial by jury pursuant to FED. R. CIV. P. 38. PRAYER FOR RELIEF 54. Webvention respectfully requests the Court find in its favor and against

Defendants, and that the Court grant Webvention the following relief: 55. Judgment that one or more claims of United States Patent No. 5,251,294 has been

infringed, either literally and/or under the doctrine of equivalents, by one or more Defendants and/or by others to whose infringement Defendants have contributed and/or by others whose infringement has been induced by Defendants; 56. Judgment that Defendants account for and pay to Webvention all damages and

costs incurred by Webvention due to Defendants infringing activities and other conduct complained of herein; 57. A finding that Defendants infringements were willful from the time that

Defendants became aware of the infringing nature of their respective products and services, which is the time of filing of Plaintiffs Original Complaint at the latest, and a concomitant award of treble damages for the period of such willful infringement pursuant to 35 U.S.C. 284; 58. A finding that this an exceptional case, and an award of reasonable attorneys fees

and costs to Webvention in accordance with 35 U.S.C. 285;

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59.

Grant of pre-judgment and post-judgment interest to Webvention on damages

caused by Defendants infringing activities and other conduct complained of herein; and 60. Grant of such other and further relief as the Court may deem just and proper to

accord Webvention under the circumstances.

Respectfully Submitted, Dated: April 19, 2011 WEBVENTION LLC By: /s/ William E. Davis, III William E. Davis III Texas State Bar No. 24047416 The Davis Firm, PC 111 West Tyler Street Longview, Texas 75601 Phone: 903-230-9090 Fax: 903-230-9661 ATTORNEY FOR PLAINTIFF WEBVENTION LLC

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