Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 1 of 11
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`Civil Action No.
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`JURY TRIAL DEMANDED
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`INTELLECTUAL VENTURES I LLC
` and
`INTELLECTUAL VENTURES II LLC
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`Plaintiffs,
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`
`
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`v.
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`OLD REPUBLIC GENERAL
`INSURANCE GROUP, INC.;
`OLD REPUBLIC INSURANCE
`COMPANY;
`OLD REPUBLIC TITLE ISURANCE
`GROUP, INC.; and
`OLD REPUBLIC NATIONAL TITLE
`INSURANCE COMPANY;
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`Defendants.
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`
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Abraham Lincoln said that patents “added the fuel of interest to the fire of genius in the
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`discovery and production of new and useful things.”1 Plaintiffs Intellectual Ventures I LLC and
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`Intellectual Ventures II LLC (“Intellectual Ventures” or “Plaintiffs”) agree. Plaintiffs believe
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`that ideas are valuable and are working to make applied research profitable, thereby attracting
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`more private investment and ultimately increasing the number of inventions. To support those
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`goals, Plaintiffs file this Original Complaint for Patent Infringement against Defendants Old
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`Republic General Insurance Group, Inc., Old Republic Insurance Company, Old Republic Title
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`1 Lecture ‘Discoveries, Inventions and Improvements’ (22 Feb 1860) in John George Nicolay and John Hay (eds.),
`Complete Works of Abraham Lincoln (1894), Vol. 5, 113. In Eugene C. Gerhart, Quote it Completely! (1998), 802.
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 1
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 2 of 11
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`Insurance Group, Inc., Old Republic National Title Insurance Company (collectively, “Old
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`Republic” or “Defendants”); and allege as follows:
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`I. NATURE OF THE SUIT
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`1.
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`This is a claim for patent infringement arising under the patent laws of the United
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`States, Title 35 of the United States Code.
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`II. THE PARTIES
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`2.
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`Plaintiff Intellectual Ventures I LLC (“Intellectual Ventures I”) is a Delaware
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`limited liability company having its principal place of business located at 3150 139th Avenue
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`Southeast, Bellevue, Washington 98005.
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`3.
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`Plaintiff Intellectual Ventures II LLC (“Intellectual Ventures II”) is a Delaware
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`limited liability company having its principal place of business located at 3150 139th Avenue
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`Southeast, Bellevue, Washington 98005.
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`4.
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`Defendant Old Republic General Insurance Group, Inc. is a corporation
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`organized and existing under the laws of Delaware and maintaining its principal place of
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`business at 307 North Michigan Avenue, Chicago, Illinois 60601.
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`5.
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`Defendant Old Republic Insurance Company is a corporation organized and
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`existing under the laws of the Commonwealth of Pennsylvania and maintaining its principal
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`place of business at 133 Oakland Avenue, Greenburg, Pennsylvania 15601. Old Republic
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`Insurance Company may be served at its registered office address at 414 West Pittsburgh Street,
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`Greensburg, Pennsylvania 15602.
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`6.
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`Defendant Old Republic Title Insurance Group, Inc. is a corporation organized
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`and existing under the laws of the state of Delaware and maintaining its principal place of
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`business at 400 Second Avenue South, Minneapolis, Minnesota 55401.
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`Original Complaint for Patent Infringement
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`Page 2
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 2
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 3 of 11
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`7.
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`Defendant Old Republic National Title Insurance Company is a corporation
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`organized and existing under the laws of Minnesota and maintaining its principal place of
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`business at 400 Second Avenue South, Minneapolis, Minnesota 55401.
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`III. JURISDICTION AND VENUE
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`8.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Thus, this Court has subject matter jurisdiction pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a).
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`9.
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`This Court has specific personal jurisdiction over each Defendant pursuant to due
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`process and the Pennsylvania Long Arm Statute because each Defendant either resides in this
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`District or, directly or through intermediaries, has conducted and conducts substantial business in
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`this forum, including but not limited to: (i) engaging in at least part of the infringing acts alleged
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`herein; (ii) purposefully and voluntarily placing one or more infringing products or services into
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`the stream of commerce with the expectation that they will be purchased by consumers in this
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`forum; and/or (iii) regularly doing or soliciting business, engaging in other persistent courses of
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`conduct, or deriving substantial revenue from goods and services provided to individuals in
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`Pennsylvania and in this District.
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`10.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391(b)–(d) and 1400(b) for the
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`reasons set forth above.
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`IV. BACKGROUND
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`11.
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`Intellectual Ventures was founded in 2000 on the fundamental premise that
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`inventions are valuable. Since its founding, Intellectual Ventures has built on this premise by
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`working to ensure that a market for invention continues to thrive. Intellectual Ventures creates
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`inventions and files patent applications for those inventions; collaborates with others to develop
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`Original Complaint for Patent Infringement
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`Page 3
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 3
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 4 of 11
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`and patent inventions; and acquires and licenses patents from individual inventors, universities
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`and other institutions. A significant aspect of Intellectual Ventures’ business is managing the
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`Plaintiffs in this case, Intellectual Ventures I and II.
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`12.
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`Intellectual Ventures’ business includes purchasing important inventions from
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`individual inventors and institutions and then licensing the inventions to those who need them.
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`Through this business, Intellectual Ventures allows inventors to reap a financial reward from
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`their innovations, which is frequently difficult for individual inventors to do. To date,
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`Intellectual Ventures has acquired more than 70,000 IP assets and, in the process, has paid
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`individual inventors more than half a billion dollars for their inventions. Intellectual Ventures
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`has over $6 billion dollars in committed capital for inventions in over 50 technology areas.
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`Intellectual Ventures, in turn, has earned more than $3 billion by licensing these patents to some
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`of the world’s most innovative and successful technology companies who continue to use them
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`to make computer equipment, software, semiconductor devices, and a host of other products.
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`13.
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`Intellectual Ventures also creates inventions. Intellectual Ventures has a staff of
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`scientists and engineers who develop ideas in a broad range of fields, including agriculture,
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`computer hardware, life sciences, medical devices, semiconductors, and software. Intellectual
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`Ventures has invested millions of dollars developing such ideas and files hundreds of patent
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`applications on its inventions every year, making it one of the top patent filers in the world.
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`Intellectual Ventures has also invested in laboratory facilities to assist with the development and
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`testing of new ideas.
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`14.
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`Intellectual Ventures also invents by collaborating with inventors and research
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`institutions around the world. For example, Intellectual Ventures has developed inventions by
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`selecting a technical challenge, requesting proposals for inventions to solve the challenge from
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`Original Complaint for Patent Infringement
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`Page 4
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 4
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 5 of 11
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`inventors and institutions, selecting the most promising ideas, rewarding the inventors and
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`institutions for their contributions, and filing patent applications on the ideas. Intellectual
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`Ventures has invested millions of dollars in this way and has created a network of more than
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`4,000 inventors worldwide.
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`15.
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`This cause of action asserts infringement of patents that Plaintiffs acquired as part
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`of its effort to create an efficient market for inventions. This case involves United States Patent
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`No. 6,519,581 B1, entitled “Collection of Information Regarding a Device or a User of a Device
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`Across a Communication Link” (the “’581 Patent”); United States Patent No. 6,546,002 B1,
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`entitled “System and Method for Implementing an Intelligent and Mobile Menu-Interface Agent”
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`(the “’002 Patent”); and United States Patent No. 6,510,434 B1, entitled “System and Method for
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`Retrieving Information From a Database Using an Index of XML Tags and Metafiles” (the “’434
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`Patent”) (collectively, the “Patents-in-Suit”).
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`16.
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`On February 11, 2003, the ’581 Patent was duly and lawfully issued by the PTO.
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`A copy of the ’581 Patent is attached hereto as Exhibit A.
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`17.
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`On April 8, 2003, the ’002 Patent was duly and lawfully issued by the PTO. A
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`copy of the ’002 Patent is attached hereto as Exhibit B.
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`18.
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`On January 21, 2003, the ’434 Patent was duly and lawfully issued by the PTO.
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`A copy of the ’434 Patent is attached hereto as Exhibit C.
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`19.
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`Intellectual Ventures I is the owner and assignee of all right, title, and interest in
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`and to the ’581 and ’434 Patents and holds the right to sue and recover damages for infringement
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`thereof, including past damages.
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`Original Complaint for Patent Infringement
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`Page 5
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 5
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 6 of 11
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`20.
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`Intellectual Ventures II is the owner and assignee of all right, title, and interest in
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`and to the ’002 Patent and holds the right to sue and recover damages for infringement thereof,
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`including past damages.
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`21.
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`Old Republic consists of three principal business segments—Old Republic
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`General Insurance Group, Old Republic Title Insurance Group, and Old Republic Mortgage
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`Guaranty Group—totaling more than 139 corporate entities. Of these entities, 27 are insurance
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`subsidiaries operating in all 50 states. Old Republic’s companies market, underwrite, and
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`provide risk management services for a multitude of coverages, predominantly in the general
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`(property and casualty) and title insurance arenas.
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`22.
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`Old Republic General Insurance Group is the largest of Old Republic’s business
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`segments. It offers a wide variety of property and casualty insurance coverages and related
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`services, predominantly to commercial customers. Old Republic Insurance Company is the
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`General Insurance Group’s flagship carrier.
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`23.
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`Old Republic Title Insurance Group provides title insurance policies and related
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`real estate transaction and mortgage lending products and services to individual consumers,
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`mortgage lenders, businesses and government agencies. Old Republic National Title Insurance
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`Company is an underwriter within the group.
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`24.
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`Defendants provide online services and other systems via electronic means
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`including, but not limited to, the web sites http://www.oldrepublicinsurancecompany.com and
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`http://www.oldrepublictitle.com. Additionally, Defendants use and maintain computer systems
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`and software in the course of their business, including, but not limited to, the provision of online
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`services. In connection with these online services and other systems, Defendants infringe one or
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`more claims of the ’581 Patent, the ’434 Patent, and the ’002 Patent.
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`Original Complaint for Patent Infringement
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`Page 6
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 6
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 7 of 11
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`25.
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`On August 21, 2014 Intellectual Ventures notified Defendants via letter that it
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`would commence the filing of this suit accusing Defendants of infringing the Patents-in-Suit.
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`26.
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`As detailed in that letter, Intellectual Ventures contacted Defendants on numerous
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`occasions beginning in June 2014. Defendants never responded to Intellectual Ventures’
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`licensing overtures, forcing the filing of this suit.
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`27.
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`By the filing and serving of this Original Complaint for Patent Infringement,
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`Intellectual Ventures has again given Defendants written notice of their infringement
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`COUNT I—Infringement of the ’581 Patent
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`28.
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`The allegations of paragraphs 1–27 above are incorporated by reference as if fully
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`set forth herein.
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`29.
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`Old Republic Title Insurance Group, Inc. and Old Republic National Title
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`Insurance Company have directly infringed and continue to infringe at least claim 1 of the ’581
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`Patent in violation of 35 U.S.C. § 271(a) by making, using, selling, and/or offering to sell in the
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`United States, without Intellectual Ventures I’s authority, their computer systems that use the
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`patented systems and methods for configuration management. By way of example only and
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`without limiting Intellectual Ventures I’s claims to this specific example, Defendants’
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`implementation and use of its back-end configuration management and distribution software and
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`services, infringes at least claim 1 of the ’581 Patent.
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`30.
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`Intellectual Ventures I has been injured and seeks damages to adequately
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`compensate it for Defendants’ infringement of the ’581 Patent. Such damages should be no less
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`than the amount of a reasonable royalty under 35 U.S.C. § 284.
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`31.
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`Defendants will continue to infringe the ’581 Patent unless enjoined by this Court.
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`Intellectual Ventures I therefore requests that this Court enter an order under 35 U.S.C. § 283
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`Original Complaint for Patent Infringement
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`Page 7
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 7
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 8 of 11
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`preliminarily and permanently enjoining Defendants from continuing to make, use, sell, offer to
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`sell, and/or import into the United States the products and processes accused of infringing the
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`’581 Patent and from further infringement, contributory infringement and/or inducing
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`infringement of the ’581 Patent.
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`COUNT II—Infringement of the ’002 Patent
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`32.
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`The allegations of paragraphs 1–27 above are incorporated by reference as if fully
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`set forth herein.
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`33.
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`Old Republic Title Insurance Group, Inc. and Old Republic National Title
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`Insurance Company have directly infringed and continue to infringe at least claim 9 of the ’002
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`Patent in violation of 35 U.S.C. § 271(a) by making, using, selling, and/or offering to sell in the
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`United States, without Intellectual Ventures II’s authority, their computer systems that use the
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`patented systems and methods for displaying user specific resources on a mobile interface. By
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`way of example only and without limiting Intellectual Ventures II’s claims to this specific
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`example, Defendants’ implementation and use of its OR Mobile application infringes at least
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`claim 11 of the ’002 Patent.
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`34.
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`Intellectual Ventures II has been injured and seeks damages to adequately
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`compensate it for Defendants’ infringement of the ’002 Patent. Such damages should be no less
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`than the amount of a reasonable royalty under 35 U.S.C. § 284.
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`35.
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`Defendants will continue to infringe the ’002 Patent unless enjoined by this Court.
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`Intellectual Ventures II therefore requests that this Court enter an order under 35 U.S.C. § 283
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`preliminarily and permanently enjoining Defendants from continuing to make, use, sell, offer to
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`sell, and/or import into the United States the products and processes accused of infringing the
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`Original Complaint for Patent Infringement
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`Page 8
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 8
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 9 of 11
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`’002 Patent and from further infringement, contributory infringement and/or inducing
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`infringement of the ’002 Patent.
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`COUNT III—Infringement of the ’434 Patent
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`36.
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`The allegations of paragraphs 1–27 above are incorporated by reference as if fully
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`set forth herein.
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`37.
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`Old Republic General Insurance Group, Inc. and Old Republic Insurance
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`Company have directly infringed and continue to infringe at least claim 9 of the ’434 Patent in
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`violation of 35 U.S.C. § 271(a) by making, using, selling, and/or offering to sell in the United
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`States, without Intellectual Ventures I’s authority, their computer systems that use the patented
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`systems and methods for searching databases with metafiles. By way of example only and
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`without limiting Intellectual Ventures I’s claims to this specific example, Defendants’
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`implementation and use of database services and systems that return information based on the
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`content of metafiles infringes at least claims 1 and 7 of the ’434 Patent.
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`38.
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`Intellectual Ventures I has been injured and seeks damages to adequately
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`compensate it for Defendants’ infringement of the ’434 Patent. Such damages should be no less
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`than the amount of a reasonable royalty under 35 U.S.C. § 284.
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`39.
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`Defendants will continue to infringe the ’434 Patent unless enjoined by this Court.
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`Intellectual Ventures I therefore requests that this Court enter an order under 35 U.S.C. § 283
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`preliminarily and permanently enjoining Defendants from continuing to make, use, sell, offer to
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`sell, and/or import into the United States the products and processes accused of infringing the
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`’434 Patent and from further infringement, contributory infringement and/or inducing
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`infringement of the ’434 Patent.
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`Original Complaint for Patent Infringement
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`Page 9
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 9
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 10 of 11
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`JURY DEMAND
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`40.
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`Plaintiffs request a jury trial of all issues triable of right by a jury.
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`PRAYER FOR RELIEF
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`WHEREFORE, Intellectual Ventures respectfully requests the following relief:
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`a.
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`A judgment in favor of Intellectual Ventures that each Defendant has infringed
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`the ’581, ’434, and ’002 Patents, whether literally or under the doctrine of equivalents, as
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`described herein;
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`b.
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`A judgment and order requiring each Defendant to pay Intellectual Ventures its
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`damages, costs, expenses, and pre-judgment and post-judgment interest for each Defendant’s
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`infringement of the ’581, ’434, and ’002 Patents as provided under 35 U.S.C. § 284, including
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`supplemental damages for any continuing post-verdict or post-judgment infringement with an
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`accounting as needed;
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`c.
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`An order under 35 U.S.C. § 283 preliminarily and permanently enjoining
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`Defendants from continuing to make, use, sell, offer to sell, and/or import into the United States
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`the products and processes accused of infringing the Patents-in-Suit and from further
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`infringement, contributory infringement and/or inducing infringement of the Patents-in-Suit; and
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`Such other and further relief as the Court deems just and proper.
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`d.
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`Original Complaint for Patent Infringement
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`Page 10
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 10
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`Case 2:14-cv-01130-MRH Document 1 Filed 08/22/14 Page 11 of 11
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`Respectfully submitted,
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`/s/ Henry M. Sneath
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`Henry M. Sneath, Esquire
`PA I.D. No. 40559
`Robert L. Wagner, Esquire
`PA I.D. No. 308499
`Picadio Sneath Miller & Norton, P.C.
`Four Gateway Center
`444 Liberty Avenue, Suite 1105
`Pittsburgh, PA 15222
`(412) 288-4000
`(412) 288-2405 FAX
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`Derek Gilliand, Esquire (pro hac vice pending)
`Nix, Patterson & Roach, LLP
`5215 N. O’Connor Blvd., Suite 1900
`Irving, TX 75039
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`
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`Counsel for Plaintiffs
`Intellectual Ventures I LLC and
`Intellectual Ventures II LLC
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`Original Complaint for Patent Infringement
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`Page 11
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`IPR2015-01956
`Petitioners Old Republic Gen'l Insur. Group, et al., Ex. 1019, p. 11