Automated Transactions v. Randolph National Bank et. al.

8/4/2019 Automated Transactions v. Randolph National Bank et. al.

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U.S.JIST leT

IN TH E UNITED STATES DISTRICT COURT FOR THEDISTRICT OF VERMONT ZOII SEP 28 PM 3: 17

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AUTOMATED TRANSACTIONS, LLC,Plaintiff,- v.

COMPLAINT AND JURYRANDOLPH NATIONAL BANK, DEMANDand CENTRAL FINANCIAL CORPORATION

Defendants.

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Plaintiff Automated Transactions LLC ("Automated Transactions") alleges as follows: PARTIES

1. Automated Transactions is a limited liability company organized ande}(isting under the laws of the state of Delaware, having a principal place of business c/o2711 Centerville Road, Suite 400, Wilmington, DE 19808.

2. Upon information and belief, Randolph National Bank is a federallychartered savings bank with a principal place of business at 21 Main Street, Randolph,Vermont, VT 5060.

3. Upon information and belief, Central Financial Corporation is the holdingcompany for Randolph National Bank (jointly "Randolph National"), and controlsRandolph National Bank as its subsidiary. Central Financial Corporation is liable for thepurchase of the infringing automated teller machines ("ATMs") by its subsidiary,Randolph National Bank, and their infringing use.

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NATURE OF ACTION

4. This is an action for patent infringement pursuant to 35 U.S.C. 101, et.seq.

JURISDICTION AND VENUE

5. This Court has jurisdiction over the subject matter of this action pursuantto 28 U.S.C. 1331 and 1338.

6. Venue is proper in this judicial district under 28 U.S.C. 1391 and

1400(b).FIRST CLAIM FOR RELIEF

7. On August 18,2009, U.S. Patent No. 7,575,158 (the '" 158 patent") wasduly and legally issued to David M. Barcelou. A true and correct copy of the '158 patentis attached hereto as Exhibit A.

8. By license, Automated Transactions is the exclusive licensee of the '158patent with the right to sue for past and future infringement and collect damages thereforein its own name.

9. The '158 patent discloses and claims, among other things, integratedbanking and transaction machines. Claims 1-3, 11-13 and 15 state as follows:

1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services,comprising:an automated teller machine;a user interface to the automated teller machine;

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means for identifying the user to the automated tellermachine, further comprising a smart card/magnetic stripereader/encoder and a sensor;an Internet interface to an Internet connection to theautomated teller machine that uses encryption services andsecurity services to provide the user access to the userinterface and retail ATM service; andaccess to the automated teller machine user interfacewhereupon the consumer may selectively dispense currencyusing the integrated banking and transaction machineproviding the retail ATM service;wherein the consumer can purchase access to the retailATM service through use of the user interface and Internetservices connections.2. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with cash.3. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with bills.11. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with a credit card.12. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with a debit card.13. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with a stored value card.15. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with an identification card.

10. Randolph National is using ATMs within this judicial district whichincorporate every element of the above claims or substantial equivalents thereof.

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Therefore, Randolph National is directly or indirectly infringing at least the above claimsof the '158 patent, either literally or under the doctrine ofequivalents, and is liable forinfringement ofthe '158 patent pursuant to 35 U.S.C. 271.

11. Defendants were made aware of the '158 patent and Defendants'infringement thereof by a letter sent to Steven H. Dimick, President, upon the filing ofthis complaint.

12. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others with

detailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these ATMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the, 158 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above ATMs to purchase access to retail A TM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement of the '158 patent pursuant to 35 U.S.C. 271.

13. Randolph National's actions in infringing the' 158 patent have been, andcontinue to be, willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, making this an exceptional case within the meaning of 35U.S.C. 285.

14. Randolph National's infringement of the '158 patent has caused andcontinues to cause irreparable harm to Automated Transactions in an amount to be provenat triaL The infringement of the '158 patent by Randolph National will continue unlessenjoined by this Court.

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SECOND CLAIM FOR RELIEF

15. On October 6,2009, U.S. Patent No. 7,597,248 (the '''248 patent") wasduly and legally issued to David M. Barcelou. A true and correct copy of the '248 patentis attached hereto as Exhibit B.


17. The '248 patent discloses and claims, among other things, integrated

banking and transaction machines. Claims 1-3, 5, 11-13 and 15 state as follows:1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail A TM services,comprising:an automated teller machine;a user interface to the automated teller machine;means for identifying the user to the automated tellermachine, further comprising a smart card/magnetic stripereader/encoder and a sensor;network services to financial network connections to theautomated teller machine that uses encryption services andsecurity services to provide the user access to the userinterface and retail ATM service; andaccess to the automated teller machine user interfacewhereupon the consumer may selectively dispense cashusing the integrated banking and transaction machineproviding the retail ATM service;wherein the consumer can purchase access to the retailA TM service through use of the user interface and financialnetwork connections.

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2. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with cash.3. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with bills.5. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with currency.11. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with a credit card.

12. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with a debit card.13. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with a stored value card.15. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with an identification card

18. Randolph National is using A TMs within this judicial district whichincorporate every element of the above claims or substantial equivalents thereof.Therefore, Randolph National is directly or indirectly infringing at least the above claimsof the '248 patent, either literally or under the doctrine of equivalents, and is liable forinfringement of the '248 patent pursuant to 35 U.S.C. 271.


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20. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these ATMs in aninfringing manner. These acts constitute inducement to infringe the above claims ofthe'248 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above A TMs to purchase access to retail ATM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liable

for inducing infringement of the '248 patent pursuant to 35 U.S.C. 271.21. Randolph National's actions in infringing the '248 patent have been, and

continue to be, willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, making this an exceptional case within the meaning of 35U.S.C. 285.

22. Randolph National's infringement of the '248 patent has caused andcontinues to cause irreparable harm to Automated Transactions in an amount to be provenat trial. The infringement of the '248 patent by Randolph National will continue unlessenjoined by this Court.

THIRD CLAIM FOR RELIEF

23. On October 13,2009, U.S. Patent No. 7,600,677 (the '''677 patent") wasduly and legally issued to David M. Barcelou. A true and correct copy of the '677 patentis attached hereto as Exhibit C.

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25. The '677 patent discloses and claims, among other things, integratedbanking and transaction machines. Claims 1-3, 5, 11-l3 and 15 state as follows:

1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail A TM services,comprising:an automated teller machine;

a user interface to the automated teller machine;means for identifYing the user to the automated tellermachine, further comprising a smart card/magnetic stripereader/encoder and a sensor;an Internet interface to the World Wide Web to theautomated teller machine that uses encryption services andsecurity services to provide the user access to the userinterface and retail A TM service; andaccess to the automated teller machine user interfacewhereupon the consumer may selectively dispense currencyusing the integrated banking and transaction machineproviding the retail ATM service;wherein the consumer can purchase access to the retailATM service through use of the user interface and WorldWide Web connections.2. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with cash.3. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with bills.

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5. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with currency.11. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with a credit card.12. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with a debit card.13. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with a stored value card.

15. The integrated banking and transaction machine accordingto claim 1, further comprising means for consummating thepurchase with an identification card.

26. Randolph National is using ATMs within this judicial district whichincorporate every element of the above claims or substantial equivalents thereof.Therefore, Randolph National is directly or indirectly infringing at least the above claimsof the '677 patent, either literally or under the doctrine of equivalents, and is liable forinfringement of the '677 patent pursuant to 35 U.S.C. 271.


28. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these A TMs that promote and demonstrate how to use these ATMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the

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'677 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above A TMs to purchase access to retail A TM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement of the '677 patent pursuant to 35 U.S.C. 271.

29. Randolph National's actions in infringing the '677 patent have been, andcontinue to be, willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, making this an exceptional case within the meaning of 35U.S.C. 285.


FOURTH CLAIM FOR RELIEF

31. On April 20, 2010, U.S. Patent No.7 ,699,220 (the "'220 patent") wasduly and legally issued to David M. Barcelou. A true and correct copy of the '220 patentis attached hereto as Exhibit D.


33. The '220 patent discloses and claims, among other things, integratedbanking and transaction machines. Claims 1-3,41-43,48, 50 and 88 state as follows:

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1. An automated retail terminal for use by a consumer topurchase from a banking or commercial ATM provider, cashaccess services, comprising:an automated teller machine;an Internet interface to the automated teller machine forproviding the user with services for immediately realizingaccess to dispensable currency;a user interface to the automated teller machine;means for identifying the user to the automated tellermachine;network services to the automated teller machine thatinclude encryption services, security services and at leastone ATM network connection;and means for selectively dispensing at least one form ofdispensable currency using the automated teller machinevideo command or control touchscreen;where the consumer may purchase cash access servicesthrough the use of the user interface and the ATM networkconnection, in combination with Intranet services, Internetservices or the World Wide Web on the Internet.2. The automated retail terminal according to claim 1, furthercomprising means for accepting cash, checks or removablemedia deposits.3. The automated retail terminal according to claim 1, furthercomprising means for check cashing by use of coins, cash orencoding devices.41. The automated retail terminal for use by a consumer topurchase from a banking or commercial ATM provider cashaccess services according to claim 1, where, the consumer mayconsummate the purchase by means of the use of a credit card.42. The automated retail terminal for use by a consumer topurchase from a banking or commercial ATM provider cashaccess services according to claim 1, where, the consumer mayconsummate the purchase by means of the use of a debit card.

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43. The automated retail terminal for use by a consumer topurchase from a banking or commercial A TM provider cashaccess services according to claim 1, where, the consumer mayconsummate the purchase by means of the use of a storedvalue card.48. The automated retail terminal for use by a consumer topurchase from a banking or commercial A TM provider cashaccess services according to claim 1, where, the consumer mayconsummate the purchase by means of the use of anidentification card.50. The automated retail terminal for use by a consumer topurchase from a banking or commercial A TM provider cashaccess services according to claim 1, where, the consumer mayconsummate the purchase by means ofthe use ofa checkcashing service.88. Integrated banking and transaction apparatus for use by aconsumer, compnsmg:an automated teller machine; andmeans for providing a retail transaction to the consumerthrough an Internet interface and an Intranet service to theautomated teller machine.



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36. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these ATMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the'220 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above ATMs to purchase access to retail ATM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liable




FIFTH CLAIM FOR RELIEF

39. On September 20,2005, U.S. Patent No. 6,945,457 (the "'457 patent")was duly and legally issued to David M. Barcelou. A true and correct copy of the '457patent is attached hereto as Exhibit E.

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41. The '457 patent discloses and claims, among other things, integratedbanking and transaction machines. Claims 1-5 state as follows:

1. Integrated banking and transaction apparatus for use by aconsumer, comprising:an automated teller machine;and means for providing a retail transaction to the consumerthrough an Internet interface to the automated teller machine.2. The integrated banking and transaction apparatusaccording to claim 1, further comprising a smartcardreader/encoder.3. The integrated banking and transaction apparatusaccording to claim 1, further comprising a magnetic stripecard reader/encoder.4. The integrated banking and transaction apparatusaccording to claim 1, further comprising a smartcard/magnetic stripe reader/encoder.5. The integrated banking and transaction apparatusaccording to claim 1, wherein said automated tellermachine is capable of selectively dispensing currency to theconsumer.

42. Randolph National is using ATMs within this judicial district whichincorporate every element of the above claims or substantial equivalents thereof.Therefore, Randolph National is directly or indirectly infringing at least the above claimsof the '457 patent, either literally or under the doctrine of equivalents, and is liable forinfringement ofthe '457 patent pursuant to 35 U.S.C. 271.

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44. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these ATMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the

'457 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above ATMs to purchase access to retail ATM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement of the '457 patent pursuant to 35 U.S.C. 271.


46. Randolph National's infringement of the '457 patent has caused andcontinues to cause irreparable harm to Automated Transactions in an amount to be provenat trial. The infringement of the'457 patent by Randolph National will continue unlessenjoined by this Court.

SIXTH CLAIM FOR RELIEF

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47. On August 11,2009, U.S. Patent No. 7,571,850 (the "'850 patent") wasduly and legally issued to David M. Barcelou. A true and correct copy of the '850 patentis attached hereto as Exhibit F.



1. An integrated banking and transaction machine for useby a consumer to purchase access to retail ATM services,comprising: an automated teller machine;a user interface to the automated teller machine; means foridentifying the user to the automated teller machine, furthercomprising a smart card/magnetic stripe reader/encoder anda sensor;an Internet interface to an Intranet connection to theautomated teller machine that uses encryption services andsecurity services to provide the user access to the userinterface and retail ATM service;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispenseencodable credit using the integrated banking andtransaction machine providing the retail ATM service;wherein the consumer can purchase access to the retailATM service through use of the user interface, Intranet andInternet connections.2. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with cash.3. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with bills.

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11. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a credit card.

12. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a debit card.13. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a stored value card.15. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with an identification card.

50. Randolph National is using ATMs within this judicial district whichincorporate every element of the above claims or substantial equivalents thereofTherefore, Randolph National is directly or indirectly infringing at least the above claimsof the'850 patent, either literally or under the doctrine of equivalents, and is liable forinfringement of the '850 patent pursuant to 35 U.S.C. 271.

51. Defendants were made aware of the'850 patent and Defendants'infringement thereof by a letter sent to Steven H. Dimick, President, upon the filing ofthis complaint.

52. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these ATMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the'850 patent, either literally or under the doctrine of equivalents, whenever a customer

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uses one of the above ATMs to purchase access to retail ATM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement ofthe '850 patent pursuant to 35 U.S.C. 271.

53. Randolph National's actions in infringing the '850 patent have been, andcontinue to be, willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, making this an exceptional case within the meaning of35U.S.C. 285.


SEVENTH CLAIM FOR RELIEF

55. On September 22,2009, U.S. Patent No. 7,591,420 (the "'420 patent")was duly and legally issued to David M. Barcelou. A true and correct copy of the '420patent is attached hereto as Exhibit G.



1. An integrated banking and transaction machine for useby a consumer to purchase access to retail ATM services,comprising: an automated teller machine;

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a user interface to the automated teller machine;means for identifying the user to the automated tellermachine, further comprising a smart card/magnetic stripereader/encoder and a sensor;an Internet interface to an Intranet connection to theautomated teller machine that uses encryption services andsecurity services to provide the user access to the userinterface and retail ATM service;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispenseencodable currency using the integrated banking andtransaction machine providing the retail ATM service;

wherein the consumer can purchase access to the retailATM service through use of the user interface, Intranet andInternet connections.2. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with cash.3. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with bills.11. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a credit card.12. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a debit card.13. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a stored value card.15. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with an identification card.

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58. Randolph National is using ATMs within this judicial district whichincorporate every element of the above claims or substantial equivalents thereof.Therefore, Randolph National is directly or indirectly infringing at least the above claimsof the '420 patent, either literally or under the doctrine ofequivalents, and is liable forinfringement of the '420 patent pursuant to 35 U.S.C. 271.


60. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these A TMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the'420 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above A TMs to purchase access to retail ATM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement of the '420 patent pursuant to 35 U.S.C. 271.


62. Randolph National's infringement of the '420 patent has caused andcontinues to cause irreparable harm to Automated Transactions in an amount to be proven

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at triaL The infringement of the '420 patent by Randolph National will continue unlessenjoined by this Court.

EIGHTH CLAIM FOR RELIEF

63. On October 6,2009, U.S. Patent No. 7,597,251 (the "'251 patent") wasduly and legally issued to David M. Barcelou. A true and correct copy of the '251 patentis attached hereto as Exhibit H.

64. By license, Automated Transactions is the exclusive licensee ofthe '251patent with the right to sue for past and future infringement and collect damages thereforein its own name.


1. An integrated banking and transaction machine for useby a consumer to purchase access to retail ATM services,comprising: an automated teller machine;a user interface to the automated teller machine;means for identifying the user to the automated tellermachine, further comprising a smart card/magnetic stripereader/encoder and a sensor;network services to wireless network connections to theautomated teller machine that use encryption services andsecurity services to provide the user access to the userinterface and retail ATM service;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense cashusing the integrated banking and transaction machineproviding the retail ATM service;

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wherein the consumer can purchase access to the retailA TM service through use ofthe user interface and wirelessnetwork connections.2. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with cash.3. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with bills.11. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a credit card.

12. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a debit card.13. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a stored value card.15. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with an identification card.


67. Defendants were made aware ofthe '251 patent and Defendants'infringement thereof by a letter sent to Steven H. Dimick, President, upon the filing ofthis complaint.

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68. Randolph National also provides the above A TMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these ATMs in aninfringing manner. These acts constitute inducement to infringe the above claims bfthe'251 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above ATMs to purchase access to retail A TM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liable



70. Randolph National's infringementof the '251 patent has caused andcontinues to cause irreparable harm to Automated Transactions in an amount to be provenat trial. The infringement ofthe '251 patent by Randolph National will continue unlessenjoined by this Court.

NINTH CLAIM FOR RELIEF

71. On November 17, 2009, U.S. Patent No. 7,617,973 (the '' '973 patent")was duly and legally issued to David M. Barcelou. A true and correct copy of the'973patent is attached hereto as Exhibit I.

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1. An integrated banking and transaction machine for useby a consumer to purchase access to retail ATM services,comprising: an automated teller machine;a user interface to the automated teller machine;

means for identifying the user to the automated tellermachine, further comprising a smart card/magnetic stripereader/encoder and a sensor;network services to Intranet services connections to theautomated teller machine that use encryption services andsecurity services to provide the user access to the userinterface and retail A TM service;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense currencyusing the integrated banking and transaction machineproviding the retail ATM service;wherein the consumer can purchase access to the retailA TM service through use of the user interface and Intranetservices connections.2. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with cash.3. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with bills.11. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a credit card.

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12. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a debit card.13. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a stored value card.15. The integrated banking and transaction machineaccording to claim I, further comprising means forconsummating the purchase with an identification card.



76. Randolph National also provides the above A TMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these A TMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the'973 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above A TMs to purchase access to retail ATM services through the use of

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the user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement of the '973 patent pursuant to 35 U.S.C. 271.

77. Randolph National 's actions in infringing the '973 patent have been, andcontinue to be, willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, making this an exceptional case within the meaning of 35U.S.C. 285.

78. Randolph National's infringement ofthe '973 patent has caused andcontinues to cause irreparable harm to Automated Transactions in an amount to be proven

at trial. The infringement of the '973 patent by Randolph National will continue unlessenjoined by this Court.

TENTH CLAIM FOR RELIEF

79. On November 24,2009, U.S. Patent No. 7,621,444 (the "'444 patent")was duly and legally issued to David M. Barcelou. A true and correct copy of the '444patent is attached hereto as Exhibit J.



1. An integrated banking and transaction machine for useby a consumer to purchase access to retail ATM services,comprising: an automated teller machine;a user interface to the automated teller machine;

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and means for identifying the user to the automated tellermachine, further comprising a smart card/magnetic stripereader/encoder and a sensor;network services to banking network connections to theautomated teller machine that use encryption services andsecurity services to provide the user access to the userinterface and retail ATM service;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense cashusing the integrated banking and transaction machineproviding the retail ATM service;wherein the consumer can purchase access to the retailATM service through use of the user interface and bankingnetwork connections.2. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with cash.3. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with bills.11. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a credit card.12. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a debit card.13. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a stored value card.15. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with an identification card.

82. Randolph National is using ATMs within this judicial district whichincorporate every element of the above claims or substantial equivalents thereof.

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Therefore, Randolph National is directly or indirectly infringing at least the above claimsof the '444 patent, either literally or under the doctrine of equivalents, and is liable forinfringement of the '444 patent pursuant to 35 U.S.C. 271.


84. Randolph National also provides the above A TMs for use by customersand others within this judicial district, and provides those customers and others with

detailed explanations, instructions and information as to arrangements, applications anduses of these A TMs that promote and demonstrate how to use these ATMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the'444 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above A TMs to purchase access to retail A TM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement of the '444 patent pursuant to 35 U.S.C. 271.


86. Randolph National's infringement ofthe '444 patent has caused andcontinues to cause irreparable harm to Automated Transactions in an amount to be provenat trial. The infringement of the '444 patent by Randolph National will continue unlessenjoined by this Court.

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ELEVENTH CLAIM FORRELIEF

87. On September 14, 2010, U.S. Patent No. 7,793,830 (the "'830 patent")was duly and legally issued to David M. Barcelou. A true and correct copy of the '830patent is attached hereto as Exhibit K.


89. The '830 patent discloses and claims, among other things, integratedbanking and transaction machines. Claims 1-3, 11-l3 and 15 state as follows:

1. An integrated banking and transaction machine for useby a consumer to purchase access to retail ATM services,comprising: an automated teller machine;a user interface to the automated teller machine;means for identifying the user to the automated tellermachine, further comprising a smart card/magnetic stripereader/encoder and a sensor;an Internet interface to the automated teller machine thatuses encryption services and security services to provide theuser access to the user interface and retail ATM service;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense currencyusing the integrated banking and transaction machineproviding the retail ATM service;wherein the consumer can purchase access to the retailATM service through use of the user interface and theInternet interface.2. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with cash.

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3. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with bills.11. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a credit card.12. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a debit card.13. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a stored value card.15. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with an identification card.



92. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these ATMs in an

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infringing manner. These acts constitute inducement to infringe the above claims of the'830 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above ATMs to purchase access to retail A TM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement of the '830 patent pursuant to 35 U.S.C. 271.

93. Randolph National's actions in infringing the '830 patent have been, andcontinue to be, willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, making this an exceptional case within the meaning of 35

U.S.C. 285.94. Randolph National's infringement ofthe '830 patent has caused and

continues to cause irreparable harm to Automated Transactions in an amount to be provenat trial. The infringement of the '830 patent by Randolph National will continue unlessenjoined by this Court.

TWELTH CLAIM FOR RELIEF

95. On September 28,2010, U.S. Patent No. 7,802,718 (the "'718 patent")was duly and legally issued to David M. Barcelou. A true and correct copy ofthe '718patent is attached hereto as Exhibit L.



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1. An integrated banking and transaction machine for useby a consumer to purchase access to retail automated tellermachine services, comprising: an automated teller machine;a user interface to the automated teller machine;an identification device for identifying the user to theautomated teller machine, further comprising a smartcard/magnetic stripe reader/encoder and a sensor;an Internet interface to an Intranet connection to theautomated teller machine that uses encryption services andsecurity services to provide the user access to the userinterface and retail automated teller machine service;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense billsand/or coins using the integrated banking and transactionmachine providing the retail automated teller machine

I service;wherein the consumer can purchase access to the retailautomated teller machine service through use of the userinterface, Intranet and Internet connections.2. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with cash.3. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with bills.11. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a credit card.12. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a debit card.13. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a stored value card.

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15. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with an identification card.


99. Defendants were made aware of the '718 patent and Defendants'

infringement thereof by a letter sent to Steven H. Dimick, President, upon the filing ofthis complaint.

100. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these ATMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the'718 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above A TMs to purchase access to retail A TM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement of the '718 patent pursuant to 35 U.S.C. 271.


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THIRTEENTH CLAIM FORRELIEF

103. On November 23,2010, U.S. Patent No. 7,837,101 (the '" 101 patent")was duly and legally issued to David M. Barcelou. A true and correct copy of the '101patent is attached hereto as Exhibit M.



1. An integrated banking and transaction machine for useby a consumer to purchase access to retail automated tellermachine services, comprising: an automated teller machine;a user interface to the automated teller machine;an identification device for identifying the user to theautomated teller machine, further comprising a smartcard/magnetic stripe reader/encoder and a sensor;an Internet interface to an Intranet connection to theautomated teller machine that uses encryption services andsecurity services to provide the user access to the userinterface and retail automated teller machine service;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense billsand/or coins using the integrated banking and transaction

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machine providing the retail automated teller machineservice;wherein the consumer can purchase access to the retailautomated teller machine service through use of the userinterface, Intranet and Internet connections.2. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with cash.3. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with bills.11. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a credit card.12. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a debit card.13, The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with a stored value card.15. The integrated banking and transaction machineaccording to claim 1, further comprising means forconsummating the purchase with an identification card.


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108. Randolph National also provides the above ATMs for use by customersand others within this judicial district, and provides those customers and others withdetailed explanations, instructions and information as to arrangements, applications anduses of these ATMs that promote and demonstrate how to use these A TMs in aninfringing manner. These acts constitute inducement to infringe the above claims of the

, 101 patent, either literally or under the doctrine of equivalents, whenever a customeruses one of the above A TMs to purchase access to retail ATM services through the use ofthe user interface and Internet service connections. Randolph National is therefore liablefor inducing infringement of the '101 patent pursuant to 35 U.S.C. 271.

109. Randolph National's actions in infringing the ' 101 patent have been, andcontinue to be, willful, deliberate andlor in conscious disregard to the rights ofAutomated Transactions, making this an exceptional case within the meaning of 35U.S.C. 285.

110. Randolph National 's infringement of the '101 patent has caused andcontinues to cause irreparable harm to Automated Transactions in an amount to be provenat trial. The infringement of the '101 patent by Randolph National will continue unlessenjoined by this Court.

PRAYER FOR RELIEFWHEREFORE, Automated Transactions prays for judgment against RandolphNational as follows:

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1) Declaring Randolph National has infringed United States Patent No.7,575,158;

2) Permanently enjoining Randolph National, its officers, directors, agents,subsidiaries and employees, and those in privity or in active concert withtern, from further activities that constitute infringement, contributoryinfringement and/or inducing infringement of United States Patent No.7,575,158;

3) Awarding lost profits or a reasonable royalty and other damages arising fromRandolph National's infringement of United States Patent No. 7,575,158including treble damages, to Automated Transactions, together withprejudgment and post-judgment interest, in an amount according to proof;

4) This case be declared an "exceptional case" within the meaning of 35 U.S.C.285 and awarding treble damages and reasonable attorneys' fees toAutomated Transactions;


6) Permanently enjoining Randolph National, its officers, directors, agents,subsidiaries and employees, and those in privity or in active concert withthem, from further activities that constitute infringement, contributoryinfringement and/or inducing infringement of United States Patent No.7,597,248.

7) Awarding lost profits or a reasonable royalty and other damages arising fromRandolph National's infringement of United States Patent No. 7,597,248

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including treble damages, to Automated Transactions, together withprejudgment and post-judgment interest, in an amount according to proof;






13)Declaring Randolph National has infringed United States Patent No.7,699,220;

14) Permanently enjoining Randolph National, its officers, directors, agents,subsidiaries and employees, and those in privity or in active concert with

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them, from further activities that constitute infringement, contributoryinfringement and/or inducing infringement of United States Patent No.7,699,220.


16) This case be declared an "exceptional case" within the meaning of 35 U S.C.285 and awarding treble damages and reasonable attorneys' fees toAutomated Transactions.




20) This case be declared an "exceptional case" within the meaning of 35 U.S.C.285 and awarding treble damages and reasonable attorneys' fees to

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Automated Transactions.

21 )Declaring Randolph National has infringed United States Patent No.7,571,850;



24) This case be declared an "exceptional case" within the meaning of 35 U.S.C.285 and awarding treble damages and reasonable attorneys' fees toAutomated Transactions.



27) Awarding lost profits or a reasonable royalty and other damages arising from

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Randolph National's infringement of United States Patent No. 7,591,420including treble damages, to Automated Transactions, together withprejudgment and post-judgment interest, in an amount according to proof;







34) Permanently enjoining Randolph National, its officers, directors, agents,

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subsidiaries and employees, and those in privity or in active concert withthem, from further activities that constitute infringement, contributoryinfringement and/or inducing infringement of United States Patent No.7,617,973.

35) Awarding lost profits or a reasonable royalty and other damages arising fromRandolph National's infringement of United States Patent No.7 ,617 ,973including treble damages, to Automated Transactions, together withprejudgment and post-judgment interest, in an amount according to proof;

36) This case be declared an "exceptional case" within the meaning of35 U.S.C.285 and awarding treble damages and reasonable attorneys' fees toAutomated Transactions.



39) Awarding lost profits or a reasonable royalty and other damages arising from~ d o r p h National's infringement of United States P a t e n t N Q ~ ; / 7 ,621,444i ~ ; l 1 1 d l n g treble damages, to Automated Transactions, t o i ; ~ ~ ~ r withprejudgment and post-judgment interest, in an amount accotding to proof;

40) This case be declared an "exceptional case" within the meaning of 35 U.S.C.

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285 and awarding treble damages and reasonable attorneys' fees toAutomated Transactions.





45)Declaring Randolph National has infringed United States Patent No.7,802,7]8;


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51) Awarding lost profits or a reasonable royalty and other damages arising fromRandolph National's infringement of United States Patent No. 7,837,101including treble damages, to Automated Transactions, together withprejudgment and post-judgment interest, in an amount according toproof;

52) This case be declared an "exceptional case" within the meaning of 35U.S.C. 285 and awarding treble damages and reasonable attorneys' feesto Automated Transactions.

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53) Awarding Automated Transactions such other and further relief as theCourt deems just and proper.

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DEMAND FOR JURY TRIALPlaintiff requests a trial by jury of all issues.

Respectfully submitted,AUTOMATED TRANSACTIONS, LLCBy its attorneys,ORR&RENOPAOne Eagle SquareBox 3550Concord, NH 03302-3550(603) [email protected]

Dated: September 2/1,2011 B Y : ~ isa Snow Wade (Vt. Bar. No. 4118)OfCounsel:Tannenbaum Helpern Syracuse & Hirschtritt LLPAlbert L. Jacobs, Jr.Gerard F. DiebnerJohn Murray900 Third AvenueNew York, New York 10022(212) 508-6700
mailto:[email protected]:[email protected]

Automated Transactions v. Randolph National Bank et. al.

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