Case 6:20-cv-00997-ADA Document 7 Filed 12/02/20 Page 1 of 46
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`
`
`AUDIOEYE, INC.,
`
`Plaintiff,
`
`v.
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`ACCESSIBE LTD.,
`
`Defendant.
`
`Case No. 6:20-cv-997-ADA
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`
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`
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`FIRST AMENDED COMPLAINT
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`Plaintiff AudioEye, Inc. (“AudioEye”) hereby complains of Defendant accessiBe Ltd.
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`(“accessiBe”), and alleges as follows:
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`I. INTRODUCTION
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`1.
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`AudioEye provides software tools and services to make the internet more
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`accessible to individuals with disabilities. This includes tools to render website content
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`accessible to those who rely on assistive technologies, such as screen readers. AudioEye’s
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`innovative technology, developed over the course of a decade, has improved tens of thousands of
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`websites. Millions of individuals with disabilities in the United States and throughout the world
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`benefit from AudioEye’s removal of digital barriers that otherwise limit their access to web
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`content.
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`2.
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`The United States Patent and Trademark Office has awarded AudioEye several
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`patents on its proprietary technology.
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`3.
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`In 2018, accessiBe began marketing and selling a software product here in the
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`United States that infringes AudioEye’s patents. This action seeks relief for the willful
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`infringement of AudioEye’s patents by accessiBe, including in connection with several
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`customers or resellers in this Judicial District.
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`4.
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`In addition to its acts of willful patent infringement, accessiBe has targeted
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`AudioEye’s customers here in the United States through a pattern of improper business practices,
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`as set forth in more detail below. This includes misrepresenting the effectiveness of its product
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`by spoofing an industry-standard tool, developed by a neutral third-party accessibility testing
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`company, used to verify whether websites are accessible to individuals with disabilities. The
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`prominent third-party tool, called “WAVE,” specifically warns users that accessiBe’s product
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`may “temporarily modify content” to cause “interference” with the “detection of and accuracy
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`[of] identifying accessibility and compliance issues.” WebAIM, a non-profit organization based
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`at the Center for Persons with Disabilities at Utah State University, developed the WAVE tool,
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`which has now been programmed to issue the following red box warning each time the tool
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`detects that accessiBe has been used on a website:
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`The 3rd party accessiBe integration on this
`page may temporarily modify content when
`WAVE is activated resulting in interference
`with WAVE's detection of and accuracy
`identifying accessibility and compliance issues.
`
`
`
`5.
`
`That accessiBe added code to its product to attempt to spoof one specific
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`industry-standard checker tool suggests accessiBe added code to spoof other checker tools.
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`Moreover, that accessiBe is attempting to spoof checker tools raises serious questions whether
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`accessiBe’s product provides the accessibility modifications or benefits accessiBe claims it
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`provides. In fact, upon information and belief, accessiBe’s product, in an attempt to save costs
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`and contrary to industry best practices, often adds barriers to accessibility. And rather than
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`improving a website, its product often resorts instead to creating a separate—and unequal—web
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`space for individuals with disabilities.
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`6.
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`In addition to spoofing the WAVE tool, accessiBe, upon information and belief,
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`also manipulates the results of checks performed on AudioEye’s customers’ websites by
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`impermissibly preventing AudioEye’s technology from properly loading or operating.
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`AccessiBe then uses the manipulated results to falsely claim that AudioEye’s technology does
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`not work. AccessiBe has presented such false claims to at least one AudioEye customer to
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`wrongly interfere with AudioEye’s business relationship with that customer.
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`7.
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`AccessiBe has also made several other false, misleading, and disparaging
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`statements about AudioEye’s products and business, including that AudioEye relies exclusively
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`on manual remediation rather than automated remediation to improve the accessibility of its
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`customers’ websites. The truth is that AudioEye and its products offer more auto-remediation
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`than accessiBe and its product.
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`8.
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`AccessiBe has also anonymously and deceptively published a website at
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`www.topwebaccessibility.com purporting to present an “unbiased review” of internet
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`accessibility solution providers. AccessiBe is using the anonymous website to deceptively
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`present false, misleading, and disparaging statements about AudioEye and AudioEye’s product.
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`A screenshot of this website is below.
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`Top 7 Best Web accessibility of 2020
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`✓ Wana,tyduptol'>Q.DOO(USD)
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`9.
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`AccessiBe’s false, misleading, and disparaging statements are set forth in more
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`detail below.
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`10.
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`This action seeks relief for the damage AudioEye has suffered as a result of
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`accessiBe’s improper business practices, as well as injunctive relief to stop accessiBe from
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`continuing such practices.
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`II. THE PARTIES
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`11.
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`Plaintiff AudioEye is a Delaware corporation having its principal place of
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`business at 5210 E. Williams Circle, Suite 750, Tucson, AZ 85711. AudioEye is a publicly
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`traded company and its common stock trades on the NASDAQ stock exchange.
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`12.
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`Upon information and belief, Defendant accessiBe is a company registered in
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`Israel under Registration No. 51-585530-2, having a place of business at Ha-Khilazon St 6, Bnei
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`Brak, Israel. Upon information and belief, accessiBe has no offices in the United States.
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`III. JURISDICTION AND VENUE
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`13.
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`This civil action includes claims for patent infringement arising under the patent
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`laws of the United States, 35 U.S.C. §§ 100, et seq., more particularly, 35 U.S.C. §§ 271 and
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`281. This complaint also includes claims for False Advertising and Product Disparagement
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`under Section 43(a) of the Lanham Act; and Product Disparagement, Slander/Defamation,
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`Tortious Interference with Prospective Economic Advantage, Deceptive Business Practices, and
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`Unjust Enrichment under New York law.
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`14.
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`This Court has subject matter jurisdiction over the claims for patent infringement
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`pursuant to at least 28 U.S.C. §§ 1331 and 1338(a). This Court has subject matter jurisdiction
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`over the Lanham Act claims pursuant to 28 U.S.C. §§ 1331 and 1338(b). This Court has at least
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`supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a) over the state law claims because, as
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`set forth in more detail below, they are sufficiently related to the patent infringement claims over
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`which this Court has original jurisdiction that they form part of the same case or controversy
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`under Article III of the United States Constitution. This Court also has subject matter
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`jurisdiction over all claims in this action pursuant to 28 U.S.C. 1332(a)(2) because AudioEye is a
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`U.S. corporation and accessiBe is a company registered in Israel and the matter in controversy
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`exceeds the value of $75,000, exclusive of interest and costs.
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`15.
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`This Court has personal jurisdiction over accessiBe because accessiBe has
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`committed some of the acts of patent infringement complained of herein in this Judicial District.
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`This includes the acts of patent infringement committed in connection with several customers or
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`resellers with primary offices located in this Judicial District.
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`16.
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`Venue is proper in this Judicial District pursuant to at least 28 U.S.C. § 1391(c)(3)
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`because accessiBe is a foreign corporation and subject to suit in any Judicial District. See also
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`Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706, 709-710 (1972).
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`IV. STATEMENT OF FACTS
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`A.
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`Background on Web Accessibility for Individuals with Disabilities
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`17. Millions of Americans have disabilities, such as vision, motor, cognitive, or
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`hearing impairments, that affect their ability to access information and content through the
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`internet. Most websites, including critical destinations such as workplace applications, online
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`commerce, and information resources, are not fully accessible to individuals with disabilities.
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`18.
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`For example, many individuals with sight impairments are not able to view the
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`text and images on a webpage. Instead, these individuals rely on a screen reader, which presents
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`an audible description of the text and images. This helps the user understand the content of the
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`webpage and also enables the user to navigate through the site.
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`19.
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`Screen readers function by examining the code the computer browser uses to
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`render text and images on a webpage. This code is often in the form of hypertext markup
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`language (HTML) document object model (DOM), or simply, “DOM.” The screen reader reads
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`the code and interprets it. This includes reading and announcing a description of the images that
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`appear on a webpage.
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`20.
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`Sometimes, however, website designers neglect to include an image description
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`that a screen reader can read and announce to a user with sight impairments. This can be
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`particularly common in online commerce websites that undergo frequent updates under time
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`constraints.
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`21.
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`Other website shortcomings and issues render a webpage less accessible to
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`individuals with disabilities. In an effort to address these varied issues, domestic and
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`international organizations have developed and promulgated rules and guidelines for website
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`designers to implement to improve accessibility. These standards include the Web Content
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`Accessibility Guidelines (or “WCAG”) published by an international internet standards
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`organization. The current version of the WCAG standards is WCAG 2.1.
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`22.
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`There are also several standards promulgated by groups and agencies in the
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`United States. For example, Section 508 of the Rehabilitation Act of 1973 has been amended to
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`require Federal agencies to make electronic information technology accessible to individuals
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`with disabilities, and government agencies have established standards to comply with these laws.
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`Also, the U.S. Justice Department has previously indicated that the Americans with Disabilities
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`Act, or “ADA,” applies to internet spaces.
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`23.
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`Industry best practices are to comply with current WCAG standards to provide
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`equivalent access for all users and, as necessary, to ensure compliance with Section 508 and the
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`ADA.
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`B.
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`AudioEye’s Novel and Patented Web Accessibility Technology
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`24.
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`Over the course of many years, AudioEye developed software tools and processes
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`that help website owners modify and improve their sites to render them more accessible to
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`individuals with disabilities. AudioEye’s technology has rendered tens of thousands of websites
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`more accessible to internet users all over the world.
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`25.
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`One of the enhancements provided by AudioEye’s technology involves
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`automatically supplementing a webpage DOM to include missing image descriptions.
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`AudioEye’s automated corrections are used by a screen reader to read and announce the
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`otherwise missing image descriptions to users relying on screen readers for audible output.
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`26.
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`AudioEye’s technology includes many other automated processes for modifying a
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`website to render it more accessible to individuals with disabilities. Many of these modifications
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`are based on the WCAG standards and materially improve accessibility for all users.
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`27.
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`Beginning in 2016, AudioEye filed applications with the United States Patent &
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`Trademark Office to protect its web accessibility technology. AudioEye has been awarded
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`several patents on its novel technology.
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`28.
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`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
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`Patent No. 10,423,709, entitled “Systems, Devices, and Methods for Automated and
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`Programmatic Creation and Deployment of Remediations to Non-Compliant Web Pages or User
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`Interfaces” (“the ’709 patent”), which the United States Patent and Trademark Office lawfully
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`and duly issued on September 24, 2019. A true and correct copy of the ’709 patent is included as
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`Exhibit 1.
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`29.
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`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
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`Patent No. 10,444,934, entitled “Modular Systems and Methods for Selectively Enabling Cloud-
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`Based Assistive Technologies” (“the ’934 patent”), which the United States Patent and
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`Trademark Office lawfully and duly issued on October 15, 2019. A true and correct copy of the
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`’934 patent is included as Exhibit 2.
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`30.
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`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
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`Patent No. 10,762,280 entitled “Systems, Devices, and Methods for Facilitating Website
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`Remediation and Promoting Assistive Technologies” (“the ’280 patent”), which the United
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`States Patent and Trademark Office lawfully and duly issued on September 1, 2020. A true and
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`correct copy of the ’280 patent is included as Exhibit 3.
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`31.
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`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
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`Patent No. 10,809,877 entitled “Modular Systems and Methods for Selectively Enabling Cloud-
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`Based Assistive Technologies” (“the ’877 patent”), which the United States Patent and
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`Trademark Office lawfully and duly issued on October 20, 2020. A true and correct copy of the
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`’877 patent is included as Exhibit 4.
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`32.
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`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
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`Patent No. 10,845,946 entitled “Modular Systems and Methods for Selectively Enabling Cloud-
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`Based Assistive Technologies” (“the ’946 patent”), which the United States Patent and
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`Trademark Office lawfully and duly issued on November 24, 2020. A true and correct copy of
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`the ’946 patent is included as Exhibit 5.
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`33.
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`AudioEye is the owner by assignment of all right, title, and interest in and to U.S.
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`Patent No. 10,845,947 entitled “Modular Systems and Methods for Selectively Enabling Cloud-
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`Based Assistive Technologies” (“the ’947 patent”), which the United States Patent and
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`Trademark Office lawfully and duly issued on November 24, 2020. A true and correct copy of
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`the ’947 patent is included as Exhibit 6.
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`C.
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`AccessiBe’s Infringement of AudioEye’s Patents
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`34.
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`Upon information and belief, last year, in 2018, accessiBe began offering and
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`selling a software product here in the United States. AccessiBe claims its product can be used to
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`makes websites more accessible to individuals with disabilities (the “infringing web accessibility
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`tool”). Upon information and belief, accessiBe’s claims include the assertion that, like
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`AudioEye’s patented technology, its product can be used to automatically add missing image
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`descriptions to a website’s DOM. And these descriptions, upon information and belief and
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`according to accessiBe, can be used by screen readers to read and announce otherwise missing
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`descriptions to users with sight impairments.
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`35.
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`Upon information and belief, and as set forth in more detail below, accessiBe’s
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`product takes advantage of AudioEye’s novel web accessibility technology and infringes
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`AudioEye’s patents.
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`D.
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`
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`AccessiBe’s Pattern of Improper Business Practices to Target and Interfere with
`AudioEye’s Customer Relationships
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`36.
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`Since the launch of its infringing web accessibility tool, accessiBe not only has
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`been infringing AudioEye’s patents, but it has also been targeting AudioEye’s customer
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`relationships through improper business practices.
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`1.
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`To Generate False Accessibility Reports, AccessiBe Prevents AudioEye’s
`Software Code from Properly Loading or Operating
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`37.
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`Upon information and belief, part of accessiBe’s improper business practices
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`includes improperly interfering with AudioEye’s proprietary software code that is used by
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`AudioEye’s customers. Upon information and belief, accessiBe does this to generate false
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`reports that misrepresent the effectiveness of AudioEye’s accessibility technology. Upon
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`information and belief, this, in turn, is done to encourage AudioEye’s customers to terminate
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`their relationship with AudioEye and to form a relationship with accessiBe.
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`38.
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`For example, upon information and belief, in June 2020, accessiBe purported to
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`run a test on the website code of the following AudioEye customer: the Marketing Association
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`for the Fingerlakes Wine Country of New York (“Fingerlakes”), located in New York. The test
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`was purportedly conducted to determine the website’s compliance with WCAG and other
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`standards. However, upon information and belief, before it ran the “test,” accessiBe, without
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`authorization, prevented AudioEye’s web accessibility technology from properly loading or
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`operating. Upon information and belief, after preventing the technology from properly loading
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`or operating, accessiBe ran the “test,” and compared Fingerlakes’s site to several standards
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`outlined in the WCAG. AccessiBe referenced this “test” in asserting to Fingerlakes that its
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`website was not compliant in certain ways.
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`39.
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`Upon information and belief, accessiBe documented its misrepresentations and
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`sent them to Fingerlakes. The document was entitled “Compliance Audit.” AccessiBe’s
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`document described how accessiBe purported to analyze Fingerlakes’s website for compliance
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`with the requirements of the latest WCAG standards. In the document, accessiBe asserted that
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`Fingerlakes’s site was “non-compliant.” The following is an image showing the cover of
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`accessiBe’s document:
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`By I accessiBe
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`WCAG 2. 1 Level M Success Criteria
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`COMPLIANCE AU
`For finger1akeswinecountry.com if erdict: Non-compliant
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`accessiBe is the web accessibility market leader, powering the accessibility of tens-of(cid:173)
`thousands of websites, from small businesses to industry-leading enterprises.
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`This audit evaluates the adherence level offingerlakeswinecountry.com as of June 2,
`2020, to the "Web Content Accessibility Guidelines· (WCAG) 2.1 level M success criteria.
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`Below you'll find the results for dozens of tests that focus mainly on 3 categories: sc reen(cid:173)
`reader adjustments(for blind users), keyboard navigation adjustments (for the motor
`impaired) and UI, design, and readabi lity adjustments (for the visually impaired).
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`40.
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`Upon information and belief, in its document, accessiBe purported to report the
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`software code that supported its asserted conclusion of non-compliance. A review of that code
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`indicates that accessiBe interfered with AudioEye’s proprietary code to prevent AudioEye’s web
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`accessibility technology from properly loading or operating before it conducted its “test.” This
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`resulted in falsely claiming to AudioEye’s customer Fingerlakes that AudioEye’s technology
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`failed to provide the accessibility that it does in fact provide.
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`41.
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`Fingerlakes notified AudioEye about accessiBe’s false “report.” This forced
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`several AudioEye employees to expend resources running extensive testing on Fingerlakes’s site
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`and preparing a report to explain to Fingerlakes how accessiBe’s “test” was false. After
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`spending many hours addressing these issues, Fingerlakes agreed to remain an AudioEye
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`customer.
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`42. While accessiBe was not successful at convincing Fingerlakes to terminate its
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`relationship with AudioEye, it was successful at convincing other customers to do so. This
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`includes Hoselton Auto Mall (“Hoselton”), also of New York. Upon information and belief,
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`these customers, including Hoselton, terminated their partner contracts with AudioEye based on,
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`at least in part, accessiBe’s false reports of AudioEye’s effectiveness, similar to accessiBe’s
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`actions with Fingerlakes.
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`2.
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`AccessiBe Made a False, Misleading, and Disparaging Public Statement that
`AudioEye Relies Exclusively on Manual Website Remediation Rather than
`Leveraging Automated Remediation
`
`43.
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`Upon information and belief, accessiBe has made at least one false, misleading,
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`
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`and disparaging public statement about AudioEye and AudioEye’s products. For example, upon
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`information and belief, at least one accessiBe representative has stated to a consumer in New
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`York during a sales call that AudioEye relies exclusively on manual website remediation rather
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`than leveraging automated remediation to efficiently improve the accessibility of customers’
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`websites. Upon information and belief, the accessiBe representative stated that AudioEye claims
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`manual remediation is required so that AudioEye can extract higher prices from its customers.
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`44.
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`These statements are false. As reflected in its issued patents, statements on its
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`website, and elsewhere, AudioEye has developed many automated remediations to efficiently
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`improve its customers’ websites. Upon information and belief, at least because accessiBe is
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`aware of AudioEye’s patents and website, accessiBe knows that its statement that AudioEye
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`relies exclusively on manual remediation is false. AccessiBe made these statements to damage
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`AudioEye, improperly take AudioEye’s customers, and damage AudioEye’s reputation.
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`3.
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`AccessiBe Makes Other False and Disparaging Comments about AudioEye’s
`Pricing and Performance
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`45.
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`Upon information and belief, accessiBe’s pattern of using improper business
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`practices to target AudioEye’s customers includes false and disparaging statements about
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`AudioEye’s business, including false and disparaging statements about AudioEye’s prices and
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`performance. Upon information and belief, on its website, for example, accessiBe purports to
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`compare its product offerings to AudioEye’s business, including AudioEye’s pricing and the
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`time required for AudioEye to deploy its web accessibility technology. For example, accessiBe
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`purports that AudioEye’s tools and services cost its customers $5,000-$50,000 per year. The
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`following is a screenshot showing this assertion on accessiBe’s website.
`---------------------------------------------------
`*
`
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`
`accessiBe VS the Competition
`
`accessiBe is the only viable web accessibil ity solution in the market,
`ending all expensive, antique an d unreliable services.
`
`Learn About Our At Engines
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`The only automatic solution
`
`WCAG 2.1 , ADA, s508 & more
`
`Price start at $490/year
`
`Up to 48 hours from installation
`
`Industry highest success rate
`
`Re-scanning every 24 hours
`
`Accessibility
`Services
`
`~
`cl AudioEye, u + r1st & more
`
`0
`
`0
`
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`
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`
`SS,000 - $50,000/year
`
`
`
`Projects take 3-26 weeks
`
`Drops to 50% within 6 months
`
`Require additional services
`
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`Accessibility
`Plugins
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`0
`
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`Userway, WP Access & more
`
`Do not comply with legislation
`
`Free to low cost subscriptions
`
`No full turnaround
`
`5% - 15% of the requirements
`
`No maintenance included
`
`Options
`
`Compliance
`
`Pricing
`
`Turnaround
`
`Success Rate
`
`Maintenance
`
`
`
`
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`-14-
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`ACCESSIBE LTD EXHIBIT 1024
`Page 14 of 302
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`

`

`Case 6:20-cv-00997-ADA Document 7 Filed 12/02/20 Page 15 of 46
`
`
`
`46.
`
`AudioEye’s tool and services, however, are, for many customers, free. This can
`
`be seen from a simple review of AudioEye’s website. The following is a screenshot from
`
`AudioEye’s website showing its free offerings:
`
`8 https://www.audioeye.com/plans-and-pricing#get-pro&term-annual
`
`Find on page
`
`1000
`
`No results
`
`(
`
`)
`
`Options v
`
`*
`
`X
`
`•=• audioeye
`
`How it Works
`
`Lawsuits
`
`Pricing
`
`Integrations
`
`Become a Partner ...,
`
`Company ...,
`
`Login
`
`Get Started
`
`Plans Built For You
`
`Managed
`
`Enterprise
`
`iewing Annual Pricing
`
`I Switch to Monthly
`
`
`Do-it-yourself digital accessibility with AudioEye Pro for free.
`
`The power's in your hands. Leverage our patented technology to identify your WCAG errors, and then use our Builder to fix
`them .
`
`AUDIOEYE PRO
`
`
`Free
`
`Up to 1 M monthly pageviews
`
`Use the same tools and
`technology our experts use
`to find and fix accessibility
`issues on your own.
`
`..,/ 1 Website Domain
`
`../ Weekly Website Monitoring
`
`../ Automated Accessibmty Report
`
`../ Ioolbar Ctistomization
`
`../ Limited Toolbar with 24/7 Help
`[2i,;k
`
`../ Al Guidance to Identify WCAG
`f.rrQrs
`
`../ Audiofye Builder to Fix Ermrs
`
`../ Accessibility Score
`
`../ Email Suppart
`
`✓ Qnlin.o..EAQ,
`
`-./ Custom pricing for PDEs and
`~
`
`47.
`
`And for a majority of customers, AudioEye’s web accessibility technology costs
`
`less than $1,000 per year. The following is a screenshot showing other common pricing options
`
`for AudioEye’s technology:
`
`-15-
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`
`
`
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`ACCESSIBE LTD EXHIBIT 1024
`Page 15 of 302
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`

`

`Case 6:20-cv-00997-ADA Document 7 Filed 12/02/20 Page 16 of 46
`
`
`
`8 https://www.audioeye.com/plans-and-pricing#get-managed&term-annual
`
`Find o n page
`
`1000
`
`No results
`
`(
`
`)
`
`Optio ns v
`
`*
`
`X
`
`•=• audioeye
`
`How it Works
`
`Lawsuits
`
`Pricing
`
`Integrations
`
`Become a Partner "'
`
`Company "'
`
`Login
`
`Get Started
`
`Plans Built For You
`
`Prn
`
`Enterprise
`
`iewing Annual Pricing
`
`I Switch to M onthly
`
`Do-it-for-me digital accessibility with AudioEye Managed. Free 30-day trial.
`
`Let us do the work for free for 30 days. We couple our industry lead ing techno logy with ou r team of certified d igita l
`accessib ility experts.
`
`SlMEl.E
`$399/yr (2
`months free)
`
`
`
`Up to 2K pageviews per month
`per customer
`
`~
`
`$999/yr (2
`months free)
`Up to 20K pagOYlews per mon1h
`per aJStomer
`
`i:.o.t.lMEBCE
`$5,999/yr (2
`months free)
`Up to 200K pageviews per month
`per customer
`
`you design and launch you r
`simple website .
`
`complex. You 're ready to
`grow your business with
`accessibility bu ilt in.
`
`Scale your online business in
`a big way with an on line
`experience that 's accessib le
`for all.
`
`
`
`48.
`
`Upon information and beliefs, these false statements about AudioEye’s business
`
`are part of accessiBe’s pattern of improper business practices used to target and interfere with the
`
`relationships between AudioEye and its customers, including AudioEye’s relationships with
`
`Fingerlakes and Hoselton, as well as customers and potential customers in Texas.
`
`4.
`
`AccessiBe Publishes an Anonymous and Deceptive Website to Disparage
`AudioEye and Mislead the Public regarding AudioEye and AudioEye’s
`Product
`
`49.
`
`Upon information and belief, accessiBe anonymously published a false,
`
`
`
`misleading, and deceptive website to disparage AudioEye and mislead the public, including
`
`members of the public in Texas, regarding AudioEye and AudioEye’s Product. The website
`
`www.topwebaccessibility.com purports to present an “unbiased review” of internet accessibility
`
`solution providers, including accessiBe and AudioEye. However, upon information and belief,
`
`-16-
`
`
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`ACCESSIBE LTD EXHIBIT 1024
`Page 16 of 302
`
`

`

`Case 6:20-cv-00997-ADA Document 7 Filed 12/02/20 Page 17 of 46
`
`
`
`the website and its content were created and published by accessiBe employees, including
`
`accessiBe’s Director of Engineering. A screenshot of the website is below.
`
`Top 7 Best Web accessibility of 2020
`
`MCJl:g \111;1 right choic:g of ,wit:, OOCQS~t v tool WMl unbiasad rGMGWS
`anCJifl-~tnfrornourteomof~l$
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`$ RQ.-sccn,.-.gr.wty24houn;
`0 Comply with ~~,on 24/7
`0 Full ,r'llegro110r1 .... th klodor.g CMS pn:widll1s
`
`Up<Kllect on 19/t0/20'10
`
`accesslBe
`
`✓ &1 accn-,.-..,_1<>......,__,60l,.wc.oo2J u .,,
`t N30..,.9carnpoc,nctl
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`
`50.
`
`The “unbiased review” ranks accessiBe number one and states that accessiBe’s
`
`product provides, among other features, “continuous compliance every 24 hours,” “simple
`
`installation and enough guides for support,” “AI accessibility solution to ADA, Section 508,
`
`WCAG 2.1 AA or EN 301549 compliance,” and “customizable interface according to user’s
`
`preference.” Meanwhile, the “unbiased review” ranks AudioEye and its product number four
`
`and, unlike the description of accessiBe’s product, the website fails to state that AudioEye
`
`provides continuous compliance every 24 hours, fails to state that AudioEye provides simple
`
`installation and adequate support, fails to states that AudioEye provides AI accessibility
`
`-17-
`
`
`
`
`
`ACCESSIBE LTD EXHIBIT 1024
`Page 17 of 302
`
`

`

`Case 6:20-cv-00997-ADA Document 7 Filed 12/02/20 Page 18 of 46
`
`
`
`solutions according to requirements of the ADA, Section 508, and WCAG 2.1, and fails to state
`
`that AudioEye provides a customizable interface.
`
`51.
`
`Because the website is structured as an “unbiased review,” and because the
`
`website recites certain features for accessiBe’s product while it fails to do so for AudioEye’s
`
`product, the website falsely and misleadingly communicates to the public that AudioEye’s
`
`product lacks those features. AccessiBe’s statements on the website are false. As reflected in
`
`statements on its own website and elsewhere, AudioEye provides continuous compliance; simple
`
`installation and excellent support; AI accessibility solutions according to requirements of the
`
`ADA, Section 508, and WCAG 2; and a customizable interface. Upon information and belief, at
`
`least because accessiBe is aware of AudioEye’s website, accessiBe knows that its statements
`
`through the website are false. AccessiBe made those statements to damage AudioEye,
`
`improperly take AudioEye’s customers, and damage AudioEye’s reputation.
`
`5.
`
`AccessiBe Spoofs a Third-Party Accessibility Checker Tool to Misrepresent
`th