8:20-cv-00159-MDN Doc # 1 Filed: 04/24/20 Page 1 of 9 - Page ID # 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEBRASKA
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`
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`Case No: 8:20-cv-159
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`PATENT CASE
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`§
`CODING TECHNOLOGIES, LLC,
`§
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`§
`Plaintiff,
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`§
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`§
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`vs.
`§
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`§
`HYVEE, INC.
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`§
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`§
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`Defendant.
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`_____________________________________ §
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`
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`COMPLAINT
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`
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`Plaintiff Coding Technologies, LLC (“Plaintiff” or “CT”) files this Complaint against
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`HyVee, Inc. (“Defendant” or “HyVee”) for infringement of United States Patent No. 8,540,159
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`(the “ ‘159 Patent”).
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`PARTIES AND JURISDICTION
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`
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`1.
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`This is an action for patent infringement under Title 35 of the United States
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`Code. Plaintiff is seeking injunctive relief as well as damages.
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`
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`2.
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`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal
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`Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising
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`under the United States patent statutes.
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`
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`3.
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`Plaintiff is a Texas limited liability company with a place of business at 1801
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`NE 123 Street, Suite 314, Miami, FL 33181.
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`
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`4.
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`On information and belief, Defendant is an Iowa corporation with a principal
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`office address of 5820 Westown Pkwy., West Des Moines, IA, 50266. On information and
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`belief, Defendant may be served through its agent, Michael Jurgens, 5820 Westown Pkwy.,
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`West Des Moines, IA, 50266.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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` | 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEBRASKA
`
`
`
`Case No: 8:20-cv-159
`
`PATENT CASE
`
`
`
`
`§
`CODING TECHNOLOGIES, LLC,
`§
`
`
`
`
`
`
`§
`Plaintiff,
`
`
`
`§
`
`
`
`
`
`
`§
`
`
`
`
`
`vs.
`§
`
`
`
`
`
`
`§
`HYVEE, INC.
`
`
`
`§
`
`
`
`
`
`
`§
`
`Defendant.
`
`
`
`_____________________________________ §
`
`
`
`
`
`
`
`
`
`
`
`COMPLAINT
`
`
`
`
`Plaintiff Coding Technologies, LLC (“Plaintiff” or “CT”) files this Complaint against
`
`HyVee, Inc. (“Defendant” or “HyVee”) 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.
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`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 an Iowa corporation with a principal
`
`office address of 5820 Westown Pkwy., West Des Moines, IA, 50266. On information and
`
`belief, Defendant may be served through its agent, Michael Jurgens, 5820 Westown Pkwy.,
`
`West Des Moines, IA, 50266.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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`8:20-cv-00159-MDN Doc # 1 Filed: 04/24/20 Page 2 of 9 - Page ID # 2
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`
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`5.
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`This Court has personal jurisdiction over Defendant because Defendant has
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`committed, and continues to commit, acts of infringement in this District, has conducted
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`business in this District, and/or has engaged in continuous and systematic activities in this
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`District.
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`
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`6.
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`Upon information and belief, Defendant’s instrumentalities that are alleged
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`herein to infringe were and continue to be used, imported, offered for sale, and/or sold in this
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`District.
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`VENUE
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`7.
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`On information and belief, venue is proper in this District under 28 U.S.C. §
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`1400(b) because acts of infringement are occurring in this District and Defendant has a regular
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`and established place of business in this District at, for example, 5212 3rd Ave, Kearney, NE
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`68845.
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`8.
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`9.
`
`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 8,540,159)
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`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
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`This cause of action arises under the patent laws of the United States and, in
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`particular, under 35 U.S.C. §§ 271, et seq.
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`
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`10.
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`Plaintiff is the owner by assignment of the ‘159 Patent with sole rights to
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`enforce the ‘159 Patent and sue infringers.
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`11.
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`A copy of the ‘159 Patent, titled “Method for Providing Mobile Service Using
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`Code-pattern,” is attached hereto as Exhibit A.
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`
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`12.
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`The ‘159 Patent is valid, enforceable, and was duly issued in full compliance
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`with Title 35 of the United States Code.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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`8:20-cv-00159-MDN Doc # 1 Filed: 04/24/20 Page 3 of 9 - Page ID # 3
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`13.
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`Upon information and belief, at least through internal testing, Defendant has
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`infringed and continues to infringe one or more claims, including at least Claim 1 of the ‘159
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`Patent by using and/or incorporating code patterns in connection with promotional media
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`distributed by and/or controlled by Defendant in a manner covered by one or more claims of
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`the ‘159 Patent. Defendant has infringed and continues to infringe the ‘159 Patent in violation
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`of 35 U.S.C. § 271.
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`
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`14.
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`Regarding Claim 1, at least through internal use and testing, Defendant provides
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`content (e.g., a website with promotional information) with the use of a code pattern (e.g., a
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`QR code) in connection with promotional media containing the code pattern. The content is
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`provided by a user terminal (e.g., a smartphone or other device capable of scanning the code
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`pattern). Certain aspects of this element are illustrated in the screenshots below.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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`8:20-cv-00159-MDN Doc # 1 Filed: 04/24/20 Page 4 of 9 - Page ID # 4
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`15.
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`A photographic image of the code pattern (e.g., image of QR code) is obtained
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`using a camera of the user terminal (e.g., the camera of the smartphone). These elements are
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`illustrated in the screenshots below and/or in screenshots provided in connection with other
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`allegations herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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`8:20-cv-00159-MDN Doc # 1 Filed: 04/24/20 Page 5 of 9 - Page ID # 5
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`16.
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`A processor of the user terminal processes the photographic image of the code
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`pattern to extract the code pattern (e.g., image of QR code) from the photographic image. The
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`extracted code pattern can be viewed by the user. Certain aspects of this element are illustrated
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`in the screenshots below and/or screenshots referenced in other paragraphs herein.
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`17.
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`The extracted code pattern is decoded by the processor of the user terminal
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`(e.g., smartphone processor) into code information (e.g., the URL of the web page associated
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`with Defendant). For example, the Smartphone decodes the QR code on the object image
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`captured from the smartphone’s camera to obtain a decoded hyperlink. Certain aspects of this
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`element are illustrated in the screenshots below and/or screenshots referenced in other
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`paragraphs herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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`8:20-cv-00159-MDN Doc # 1 Filed: 04/24/20 Page 6 of 9 - Page ID # 6
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`18.
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`A content information request message is sent to a server based on the code
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`information. For example, a content information request message (e.g., http request message
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`for accessing the webpage associated with Defendant) is transmitted to a server (e.g.,
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`Defendant’s server) based on the code information (e.g., URL of the webpage associated with
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`Defendant). Once the URL is decoded from the extracted QR code, a request for accessing a
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`webpage associated with Defendant is sent to Defendant’s server. For example, the smartphone
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`sends the information associated with the QR code to Defendant’s server. Certain aspects of
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`this element are illustrated in the screenshots below and/or those referenced in other
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`paragraphs herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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`8:20-cv-00159-MDN Doc # 1 Filed: 04/24/20 Page 7 of 9 - Page ID # 7
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`19.
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`Defendant practices receiving content information (e.g., a web page associated
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`with Defendant) from the server (e.g., Defendant’s server) in response to the content
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`information request message. The terminal (e.g., smartphone) receives Defendant’s webpage.
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`For example, after clicking on the hyperlink that is obtained by scanning the QR code
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`associated with the product, the smartphone receives the information about the product from
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`Defendant’s server. Certain aspects of this element are illustrated in the screenshots below
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`and/or those referenced in other paragraphs herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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`8:20-cv-00159-MDN Doc # 1 Filed: 04/24/20 Page 8 of 9 - Page ID # 8
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`20.
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`Defendant’s actions complained of herein will continue unless Defendant is
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`enjoined by this court.
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`21.
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`Defendant’s actions complained of herein are causing irreparable harm and
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`monetary damage to Plaintiff and will continue to do so unless and until Defendant is enjoined
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`and restrained by this Court.
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`22.
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`Plaintiff is in compliance with 35 U.S.C. § 287.
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`JURY DEMAND
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`23.
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff hereby
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`demands that trial of all issues in this matter be by jury.
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`REQUEST FOR PLACE OF TRIAL
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`24.
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`Pursuant to NECivR 40.1(b), Plaintiff requests that trial of the above-captioned
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`matter be in Omaha.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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`8:20-cv-00159-MDN Doc # 1 Filed: 04/24/20 Page 9 of 9 - Page ID # 9
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff asks the Court to:
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`(a)
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`Enter judgment for Plaintiff on this Complaint on all causes of action asserted
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`herein;
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`(b)
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`Enter an Order enjoining Defendant, its agents, officers, servants, employees,
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`attorneys, and all persons in active concert or participation with Defendant who receive notice
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`of the order from further infringement of United States Patent No. 8,540,159 (or, in the
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`alternative, awarding Plaintiff running royalties from the time of judgment going forward);
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`(c)
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`Award Plaintiff damages
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`resulting
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`from Defendant’s
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`infringement
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`in
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`accordance with 35 U.S.C. § 284;
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`(d)
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`Award Plaintiff pre-judgment and post-judgment interest and costs; and
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`(e)
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`Award Plaintiff such further relief to which the Court finds Plaintiff entitled
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`under law or equity.
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`Dated: April 24, 2020
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`Respectfully submitted,
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`
`
`/s/ William J. Hale
`
`
`WILLIAM J. HALE, #26179
`Goosmann Law Firm, PLC
`17838 Burke Street, Suite 250
`Omaha, NE 68118
`Telephone: (402) 280-7648
`Email: HaleW@GoosmannLaw.com
`Attorneys for the Plaintiff
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT HYVEE, INC.
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