Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 1 of 10
`
`STEPHEN M. LOBBIN
`sml@smlavvocati.com
`SML AVVOCATI P.C.
`888 Prospect Street, Suite 200
`San Diego, California 92037
`(949) 636-1391 (Phone)
`
`Attorney(s) for Plaintiff Coding Technologies, LLC
`
` IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`Coding Technologies, LLC,
`Plaintiff,
`
`v.
`Zuca, Inc.,
`
`Defendant.
`
`CASE NO. 5:20-cv-02830
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`,
`
`JURY TRIAL DEMANDED
`
`Plaintiff Coding Technologies, LLC (“Plaintiff” or “CT”) files this Complaint
`against Zuca, Inc. (“Defendant” or “Zuca”) for infringement of United States Patent
`No. 8,540,159 (“the ‘159 Patent”) and alleges as follows:
`PARTIES AND JURISDICTION
`This is an action for patent infringement under Title 35 of the United
`1.
`States Code. Plaintiff is seeking injunctive relief as well as damages.
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`PLAINTIFF’S COMPLAINT
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`STEPHEN M. LOBBIN
`sml@smlavvocati.com
`SML AVVOCATI P.C.
`888 Prospect Street, Suite 200
`San Diego, California 92037
`(949) 636-1391 (Phone)
`
`Attorney(s) for Plaintiff Coding Technologies, LLC
`
` IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`Coding Technologies, LLC,
`Plaintiff,
`
`v.
`Zuca, Inc.,
`
`Defendant.
`
`CASE NO. 5:20-cv-02830
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`,
`
`JURY TRIAL DEMANDED
`
`Plaintiff Coding Technologies, LLC (“Plaintiff” or “CT”) files this Complaint
`against Zuca, Inc. (“Defendant” or “Zuca”) for infringement of United States Patent
`No. 8,540,159 (“the ‘159 Patent”) and alleges as follows:
`PARTIES AND JURISDICTION
`This is an action for patent infringement under Title 35 of the United
`1.
`States Code. Plaintiff is seeking injunctive relief as well as damages.
`
`1
`PLAINTIFF’S COMPLAINT
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`Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 2 of 10
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`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331
`2.
`
`(Federal Question) and 1338(a) (Patents) because this is a civil action for patent
`infringement arising under the United States patent statutes.
`
`3.
`Plaintiff is a Texas limited liability company with a place of business at
`1801 NE 123 Street, Suite 314, Miami, FL 33181.
`
`4.
`On information and belief, Defendant is a California corporation with a
`principal office address of 320 South Milpitas Blvd., Milpitas, CA 95035. On
`information and belief, Defendant may be served through its agent, Dale Freeman, at
`1600 Shattuck Avenue, Suite 216C, Berkeley, CA 94709.
`
`5.
`This Court has personal jurisdiction over Defendant because Defendant
`has committed, and continues to commit, acts of infringement in this District, has
`conducted business in this District, and/or has engaged in continuous and systematic
`activities in this District.
`
`6.
`Upon information and belief, Defendant’s instrumentalities that are
`alleged herein to infringe were and continue to be used, imported, offered for sale,
`and/or sold in this District.
`
`VENUE
`On information and belief, venue is proper in this District under 28
`7.
`
`U.S.C. § 1400(b) because Defendant is deemed to be a resident of this District.
`Alternatively, acts of infringement are occurring in this District and Defendant has a
`regular and established place of business in this District.
`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 8,540,159)
`8.
`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
`
`9.
`This cause of action arises under the patent laws of the United States
`
`and, in particular, under 35 U.S.C. §§ 271, et seq.
`
`
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`PLAINTIFF’S COMPLAINT
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`Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 3 of 10
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`
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`10. Plaintiff is the owner by assignment of the ‘159 Patent with sole rights
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`to enforce the ‘159 Patent and sue infringers.
`
`11. A copy of the ‘159 Patent, titled “Method for Providing Mobile Service
`Using Code-pattern,” is attached hereto as Exhibit A.
`
`12. The ‘159 Patent is valid, enforceable, and was duly issued in full
`compliance with Title 35 of the United States Code.
`
`13. Upon information and belief, at least through internal testing, Defendant
`has infringed and continues to infringe one or more claims, including at least Claim
`1 of the ‘159 Patent by using and/or incorporating code patterns in connection with
`promotional media distributed by and/or controlled by Defendant in a manner covered
`by one or more claims of the ‘159 Patent. Defendant has infringed and continues to
`infringe the ‘159 Patent in violation of 35 U.S.C. § 271.
`
`14. Regarding Claim 1, at least through internal use and testing, Defendant
`provides content (e.g., a website with promotional information) with the use of a code
`pattern (e.g., a QR code) in connection with promotional media containing the code
`pattern. The content is provided by a user terminal (e.g., a smartphone or other device
`capable of scanning the code pattern). Certain aspects of this element are illustrated
`in the screenshots below.
`
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`Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 4 of 10
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`15. A photographic image of the code pattern (e.g., image of QR code) is
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`obtained using a camera of the user terminal (e.g., the camera of the smartphone).
`These elements are illustrated in the screenshots below and/or in screenshots provided
`in connection with other allegations herein.
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`Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 5 of 10
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`Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 6 of 10
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`16. A processor of the user terminal processes the photographic image of the
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`code pattern to extract the code pattern (e.g., image of QR code) from the
`photographic image. The extracted code pattern can be viewed by the user. Certain
`aspects of this element are illustrated in the screenshots below and/or screenshots
`referenced in other paragraphs herein.
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`17. The extracted code pattern is decoded by the processor of the user
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`terminal (e.g., smartphone processor) into code information (e.g., the URL of the web
`page associated with Defendant). For example, the Smartphone decodes the QR code
`on the object image captured from the smartphone’s camera to obtain a decoded
`hyperlink. Certain aspects of this element are illustrated in the screenshots below
`and/or screenshots referenced in other paragraphs herein.
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`Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 7 of 10
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`18. A content information request message is sent to a server based on the
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`code information. For example, a content information request message (e.g., http
`request message for accessing the webpage associated with Defendant) is transmitted
`to a server (e.g., Defendant’s server) based on the code information (e.g., URL of the
`webpage associated with Defendant). Once the URL is decoded from the extracted
`QR code, a request for accessing a webpage associated with Defendant is sent to
`Defendant’s server. For example, the smartphone sends the information associated
`with the QR code to Defendant’s server. Certain aspects of this element are illustrated
`in the screenshots below and/or those referenced in other paragraphs herein.
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`Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 8 of 10
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`19. Defendant practices receiving content information (e.g., a web page
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`associated with Defendant) from the server (e.g., Defendant’s server) in response to
`the content information request message. The terminal (e.g., smartphone) receives
`Defendant’s webpage. For example, after clicking on the hyperlink that is obtained
`by scanning the QR code associated with the product, the smartphone receives the
`information about the product from Defendant’s server. Certain aspects of this
`element are illustrated in the screenshots below and/or those referenced in other
`paragraphs herein.
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`Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 9 of 10
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`20. Defendant’s actions complained of herein will continue unless
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`Defendant is enjoined by this court.
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`21. Defendant’s actions complained of herein are causing irreparable harm
`and monetary damage to Plaintiff and will continue to do so unless and until
`Defendant is enjoined and restrained by this Court.
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`22. Plaintiff is in compliance with 35 U.S.C. § 287.
`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff asks the Court to:
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`(a) Enter judgment for Plaintiff on this Complaint on all causes of action
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`asserted herein;
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`(b) Enter an Order enjoining Defendant, its agents, officers, servants,
`employees, attorneys, and all persons in active concert or participation with Defendant
`who receive notice of the order from further infringement of United States Patent No.
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`PLAINTIFF’S COMPLAINT
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`Case 5:20-cv-02830-NC Document 1 Filed 04/24/20 Page 10 of 10
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`
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`8,540,159 (or, in the alternative, awarding Plaintiff running royalties from the time of
`judgment going forward);
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`(c) Award Plaintiff damages resulting from Defendant’s infringement in
`accordance with 35 U.S.C. § 284;
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`(d) Award Plaintiff pre-judgment and post-judgment interest and costs; and
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`(e) Award Plaintiff such further relief to which the Court finds Plaintiff
`entitled under law or equity.
`
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`DEMAND FOR JURY TRIAL
`
`
`Pursuant to Fed. R. Civ. P. 38(b) and Civil L.R. 3-6, Plaintiff hereby requests
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`a trial by jury on any issues so triable by right.
`
`
`Dated: April 24, 2020
`
`
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`
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`Respectfully submitted,
`
`/s/ Stephen M. Lobbin
`Stephen M. Lobbin
`snl@smlavvocati.com
`SML AVVOCATI P.C.
`888 Prospect Street, Suite 200
`San Diego, California 92037
`(949) 636-1391 (Phone)
`
`
`
`
`
`
`
`Attorney(s) for Plaintiff Coding
`Technologies, LLC
`
`
`
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