`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`§
`CODING TECHNOLOGIES, LLC,
`§
`
`
`
`
`
`
`§
`Plaintiff,
`
`
`
`§
`
`
`
`
`
`
`§
`
`
`
`
`
`vs.
`§
`
`
`
`
`
`
`§
`EVENTBRITE, INC.
`
`
`§
`
`
`
`
`
`
`§
`
`Defendant.
`
`
`
`_____________________________________ §
`
`
`
`
`
`
`
`
`
`
`
`COMPLAINT
`
`
`
`Case No:
`
`PATENT CASE
`
`
`
`
`Plaintiff Coding Technologies, LLC (“Plaintiff” or “CT”) files this Complaint against
`
`Eventbrite, Inc. (“Defendant” or “Eventbrite”) for infringement of United States Patent No.
`
`8,540,159 (the “ ‘159 Patent”).
`
`PARTIES AND JURISDICTION
`
`
`
`1.
`
`This is an action for patent infringement under Title 35 of the United States
`
`Code. Plaintiff is seeking injunctive relief as well as damages.
`
`
`
`2.
`
`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (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 Delaware corporation with a principal
`
`office address of 155 5th St., Floor 7, San Francisco, CA 94103 and may be served through its
`
`registered agent, Incorporating Services, Ltd., 3500 S. Dupont Hwy., Dover, DE 19901.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT EVENTBRITE, INC.
`
`
` | 1
`
`
`
`Case 1:20-cv-00307-UNA Document 1 Filed 03/01/20 Page 2 of 9 PageID #: 2
`
`
`
`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
`
`
`
`7.
`
`On information and belief, venue is proper in this District under 28 U.S.C. §
`
`1400(b) because Defendant is deemed to be a resident of this District.
`
`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 8,540,159)
`
`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
`
`This cause of action arises under the patent laws of the United States and, in
`
`
`
`
`
`
`8.
`
`9.
`
`particular, under 35 U.S.C. §§ 271, et seq.
`
`
`
`10.
`
`Plaintiff is the owner by assignment of the ‘159 Patent with sole rights 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
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT EVENTBRITE, INC.
`
`
` | 2
`
`
`
`Case 1:20-cv-00307-UNA Document 1 Filed 03/01/20 Page 3 of 9 PageID #: 3
`
`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.
`
`
`
`15.
`
`A photographic image of the code pattern (e.g., image of QR code) is 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.
`
`
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT EVENTBRITE, INC.
`
`
` | 3
`
`
`
`Case 1:20-cv-00307-UNA Document 1 Filed 03/01/20 Page 4 of 9 PageID #: 4
`
`
`
`
`
`
`
`16.
`
`A processor of the user terminal processes the photographic image of the 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.
`
`
`
`
`
`
`
`17.
`
`The extracted code pattern is decoded by the processor of the user terminal
`
`(e.g., smartphone processor) into code information (e.g., the URL of the web page associated
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT EVENTBRITE, INC.
`
`
` | 4
`
`
`
`Case 1:20-cv-00307-UNA Document 1 Filed 03/01/20 Page 5 of 9 PageID #: 5
`
`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.
`
`
`
`
`
`
`
`18.
`
`A content information request message is sent to a server based on the 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.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT EVENTBRITE, INC.
`
`
` | 5
`
`
`
`Case 1:20-cv-00307-UNA Document 1 Filed 03/01/20 Page 6 of 9 PageID #: 6
`
`
`
`
`
`
`
`19.
`
`Defendant practices receiving content information (e.g., a web page 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.
`
`
`
`
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT EVENTBRITE, INC.
`
`
` | 6
`
`
`
`Case 1:20-cv-00307-UNA Document 1 Filed 03/01/20 Page 7 of 9 PageID #: 7
`
`
`
`20.
`
`Defendant’s actions complained of herein will continue unless Defendant is
`
`enjoined by this court.
`
`
`
`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.
`
`
`
`
`
`
`
`22.
`
`Plaintiff is in compliance with 35 U.S.C. § 287.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff asks the Court to:
`
`(a)
`
`Enter judgment for Plaintiff on this Complaint on all causes of action asserted
`
`herein;
`
`
`
`(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. 8,540,159 (or, in the
`
`alternative, awarding Plaintiff running royalties from the time of judgment going forward);
`
`
`
`(c)
`
`Award Plaintiff damages
`
`resulting
`
`from Defendant’s
`
`infringement
`
`in
`
`accordance with 35 U.S.C. § 284;
`
`
`
`
`
`(d)
`
`Award Plaintiff pre-judgment and post-judgment interest and costs; and
`
`(e)
`
`Award Plaintiff such further relief to which the Court finds Plaintiff entitled
`
`under law or equity.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT EVENTBRITE, INC.
`
`
` | 7
`
`
`
`Case 1:20-cv-00307-UNA Document 1 Filed 03/01/20 Page 8 of 9 PageID #: 8
`
`Dated: March 1, 2020
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`/s/ Jimmy Chong
`JIMMY CHONG, ESQ. (#4839)
`CHONG LAW FIRM
`2961 Centerville Rd.
`Ste 350
`Wilmington, DE 19808
`302-999-9480
`chong@chonglawfirm.com
`
`
`
`
`
`
`
`ATTORNEYS FOR PLAINTIFF
`
`
`
`
`
`
`
`
`
`
`
`
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT EVENTBRITE, INC.
`
`
` | 8
`
`
`
`Case 1:20-cv-00307-UNA Document 1 Filed 03/01/20 Page 9 of 9 PageID #: 9
`Case 1:20-cv-00307-UNA Document 1 Filed 03/01/20 Page 9 of 9 PageID #: 9
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`