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Case 1:20-cv-03808-GHW Document 1 Filed 05/15/20 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
`MANHATTAN DIVISION
`
`
`
`Trust & Verify Data Protection LLC,
`
`
`
`Case No. 1:20-cv-3808
`
`Patent Case
`
`Jury Trial Demanded
`
`Plaintiff,
`
`v.
`
`Stripe Inc.,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Trust & Verify Data Protection LLC (“Plaintiff”), through its attorneys,
`
`complains of Stripe Inc. (“Defendant”), and alleges the following:
`
`PARTIES
`
`1.
`
`Plaintiff Trust & Verify Data Protection LLC is a corporation organized and
`
`existing under the laws of Delaware that maintains its principal place of business at 16192
`
`Coastal Highway, Lewes, DE 19958.
`
`2.
`
`Defendant Stripe Inc. is a corporation organized and existing under the laws of
`
`Delaware that maintains an established place of business at 11 Park Place, Staten Island, NY
`
`10301.
`
`JURISDICTION
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`4.
`
`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`
`
`1
`
`

`

`Case 1:20-cv-03808-GHW Document 1 Filed 05/15/20 Page 2 of 5
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`5.
`
`This Court has personal jurisdiction over Defendant because it has engaged in
`
`systematic and continuous business activities in this District. As described below, Defendant has
`
`committed acts of patent infringement giving rise to this action within this District.
`
`VENUE
`
`6.
`
`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
`
`committed acts of patent infringement in this District, and has an established place of business in
`
`this District. In addition, Plaintiff has suffered harm in this district.
`
`PATENT-IN-SUIT
`
`7.
`
`Plaintiff is the assignee of all right, title and interest in United States Patent No.
`
`7,137,140 (the “’140 Patent”); (the “Patent-in-Suit”); including all rights to enforce and
`
`prosecute actions for infringement and to collect damages for all relevant times against infringers
`
`of the Patent-in-Suit. Accordingly, Plaintiff possesses the exclusive right and standing to
`
`prosecute the present action for infringement of the Patent-in-Suit by Defendant.
`
`The ’140 Patent
`
`8.
`
`The ’140 Patent is entitled “Transaction verification,” and issued 11/14/2006. The
`
`application leading to the ’140 Patent was filed on 7/13/2001. A true and correct copy of the ’140
`
`Patent is attached hereto as Exhibit 1 and incorporated herein by reference.
`
`9.
`
`The ’140 Patent is valid and enforceable.
`
`COUNT 1: INFRINGEMENT OF THE ’140 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`10.
`
`11.
`
`or more claims of the ’140 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`
`
`2
`
`

`

`Case 1:20-cv-03808-GHW Document 1 Filed 05/15/20 Page 3 of 5
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`infringe at least the exemplary claims of the ’140 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’140 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’140 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`12.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’140 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`13.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`14.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell, offer
`
`for sale, market, and/or import into the United States, products that infringe the ’140 Patent. On
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’140 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’140
`
`Patent.
`
`15.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’140 Patent, literally or by the doctrine of
`
`equivalents, by selling Exemplary Defendant Products to their customers for use in end-user
`
`products in a manner that infringes one or more claims of the ’140 Patent.
`
`16.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’140
`
`
`
`3
`
`

`

`Case 1:20-cv-03808-GHW Document 1 Filed 05/15/20 Page 4 of 5
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`Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to
`
`their customers for use in end-user products in a manner that infringes one or more claims of the
`
`’140 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`17.
`
`Exhibit 2 includes charts comparing the Exemplary ’140 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’140 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’140 Patent Claims.
`
`18.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 2.
`
`19.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`JURY DEMAND
`
`20.
`
`Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
`
`requests a trial by jury on all issues so triable.
`
`WHEREFORE, Plaintiff respectfully requests the following relief:
`
`PRAYER FOR RELIEF
`
`A.
`
`B.
`
`C.
`
`D.
`
`A judgment that the ’140 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the ’140 Patent;
`
`An accounting of all damages not presented at trial;
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
`
`for Defendant’s past infringement and, with respect to the ’140 patent, any
`
`
`
`4
`
`

`

`Case 1:20-cv-03808-GHW Document 1 Filed 05/15/20 Page 5 of 5
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`continuing or future infringement, up until the date such judgment is entered
`
`including pre- or post-judgment interest, costs, and disbursements as justified
`
`under 35 U.S.C. § 284;
`
`E.
`
`And, if necessary, to adequately compensate Plaintiff for Defendant’s
`
`infringement, an accounting:
`
`i.
`
`that this case be declared exceptional within the meaning of 35 U.S.C. § 285
`
`and that Plaintiff be awarded its reasonable attorneys’ fees against Defendant
`
`that it incurs in prosecuting this action;
`
`ii.
`
`that Plaintiff be awarded costs, and expenses that it incurs in prosecuting this
`
`action; and
`
`iii.
`
`that Plaintiff be awarded such further relief at law or in equity as the Court
`
`deems just and proper.
`
`Dated: May 15, 2020
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ Isaac Rabicoff
`Isaac Rabicoff
`Rabicoff Law LLC
`73 W Monroe St
`Chicago, IL 60603
`(773) 669-4590
`isaac@rabilaw.com
`
`Counsel for Plaintiff
`Trust & Verify Data Protection LLC
`
`
`5
`
`

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