Click to Call Patent Suit

CLICK-TO-CALL TECHNOLOGIES LP,

Plaintiff,

vs.

AT&T, INC.; INGENIO, INC.;YELLO\ryPAGES.COM LLC; ETHER' ADIVISION OF INGENIO,INC.; ANDINGENIO,INC., DOING BUSINESS ASKEEN,

Defendants.

IN THE UNITED STATES DISTRICT COURTFOR THE \ilESTERN DISTRICT OF TEXAS

$$ss$$ Civil Action No. 1:12-cv-00465$$ JURY TRIAL DEMANDED$$$$$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. Plaintiff CTC is a Texas Limited Partnership, with its principal place of business

in Austin, Texas.

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

place of business at208 S. Akard, Dallas, Texas 75202.

3. 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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Case 1:12-cv-00465 Document 1 Filed 05/29/12 of 7

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. Bra¡d Blvd. Floor 5 Glendale, CA 91203.

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

subsidiary of AT&T with its principal place of business at 182 Howard Street, # 826, San

Francisco, CA 94105.

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

subsidiary of AT&T with its principal place of business at 182 Howard Street, #826, San

Francisco, CA 94105.

JURISDICTION AND VENUE

7. 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

SEç|.

L 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 of

business in this District.

9. Defendants have done business in this District, have committed acts of

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

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").

2288075v11012921


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 voice-

commerce 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. ç 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

228807 5vll0l292l


infringing products and/or services. YellowPages.com is liable for its infringement of the '836

patent pursuant to 35 U.S.C . ç 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. ç 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 is liable for its

infringement of the '836 patent pursuant to 35 U.S.C . ç 271.

18. Defendants' acts of infringement have caused damage to CTC, and CTC is

entitled to recover from Defendants the damages it has sustained as a result of Defendants'

wrongful acts in an amount subject to proof at trial.

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

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

21. 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,

42288075v11012921


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 aî 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 acquired Ingenio in November 2007 during the pendency of the

reexamination proceeding.

24. 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 Re-

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

Patent 5,818,836.

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

by law; and

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

6228807 5v | 1012921


DATED: May 29,2012

Max L. Tribble Jr.State Bar No. 20213950mtribble@susmangodfrey. comSusveN GoonRnv L.L.P.1000 Louisiana Street, Suite 5100Houston, Texas 77002Telephone: (713) 651-9366Facsimile: (713) 654-6666

Ashley McMillianState Bar No.24070252amcmi llian@susmangodfrey. comSusvnN Goonnsv L.L.P.1000 Louisiana Street, Suite 5100Houston, Texas 77002Telephone: (713) 651-9366Facsimile: (713) 654-6666

Attorneys for PlaintiffClick-to-Call Technoloeies LP

Respectfully submitted,

/s/Brian D. MeltonBrian D. MeltonState Bar No. 24010620bmelton@susmangodfrey. comSusvnN Go¡rRpv L.L.P.1000 Louisiana Street, Suite 5100Houston, Texas 77002Telephone: (713) 651-9366Facsimile: (713) 654-6666

Lead Attorney for PlaintiffClick-to-Call Technolosies LP

By:

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Click to Call Patent Suit

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