Case: 1:22-cv-01061 Document #: 1 Filed: 03/01/22 Page 1 of 5 PageID #:1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`
`
`
`
`WEPAY GLOBAL PAYMENTS LLC.,
`
`
` Plaintiff,
`
`
`v.
`
`
`AMAZON.COM, INC.,
`
`
` Defendant.
`
`
`
`
`Case No.
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Wepay Global Payments LLC (“Wepay” or “Plaintiff”) brings this patent-
`
`infringement action against Amazon.com Inc. (“Amazon” or “Defendant”).
`
`
`
`Parties
`
`1.
`
`Plaintiff is a Delaware limited liability company with its principal business
`
`address at 221 N. Broad Street, Suite 3A, Middletown DE, 19709.
`
`2.
`
` Upon information and belief, Defendant is a Delaware corporation, with an
`
`established office in the Northern District of Illinois at 227 W Monroe St, Chicago, IL
`
`60606.
`
`Jurisdiction and Venue
`
`3.
`
`This lawsuit is a civil action for patent infringement arising under the patent
`
`laws of the United States, 35 U.S.C. § 271, et seq. The Court has subject-matter jurisdiction
`
`pursuant to 28 U.S.C. §§ 1331, 1332, 1338(a), and 1367.
`
`Samsung, Exh. 1050, p. 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`
`
`
`
`WEPAY GLOBAL PAYMENTS LLC.,
`
`
` Plaintiff,
`
`
`v.
`
`
`AMAZON.COM, INC.,
`
`
` Defendant.
`
`
`
`
`Case No.
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Wepay Global Payments LLC (“Wepay” or “Plaintiff”) brings this patent-
`
`infringement action against Amazon.com Inc. (“Amazon” or “Defendant”).
`
`
`
`Parties
`
`1.
`
`Plaintiff is a Delaware limited liability company with its principal business
`
`address at 221 N. Broad Street, Suite 3A, Middletown DE, 19709.
`
`2.
`
` Upon information and belief, Defendant is a Delaware corporation, with an
`
`established office in the Northern District of Illinois at 227 W Monroe St, Chicago, IL
`
`60606.
`
`Jurisdiction and Venue
`
`3.
`
`This lawsuit is a civil action for patent infringement arising under the patent
`
`laws of the United States, 35 U.S.C. § 271, et seq. The Court has subject-matter jurisdiction
`
`pursuant to 28 U.S.C. §§ 1331, 1332, 1338(a), and 1367.
`
`Samsung, Exh. 1050, p. 1
`
`
`
`Case: 1:22-cv-01061 Document #: 1 Filed: 03/01/22 Page 2 of 5 PageID #:2
`
`4.
`
`This Court has personal jurisdiction over Amazon because Amazon has
`
`committed acts giving rise to this action within Illinois and within this judicial district.
`
`Defendant regularly does business or solicits business in this District and in Illinois,
`
`engages in other persistent courses of conduct and derive substantial revenue from products
`
`and services provided in this District and in Illinois, and has purposefully established
`
`substantial, systematic, and continuous contacts within this District and should reasonably
`
`expect to be sued in a court in this District. For example, Amazon has offices within this
`
`district. The Amazon mobile apps with the accused infringing designs are distributed to
`
`consumers in this District and in Illinois. Given these contacts, the Court’s exercise of
`
`jurisdiction over Amazon will not offend traditional notions of fair play and substantial
`
`justice.
`
`5.
`
`Venue in the Northern District of Illinois is proper pursuant to 28 U.S.C. §§
`
`1391(b), (c) and l400(b) because Amazon has regular and established places of business in
`
`this District at 227 W Monroe St, Chicago, IL 60606, has committed acts within this
`
`judicial district giving rise to this action, and continues to conduct business in this judicial
`
`district, including multiple acts of making, selling, using, and offering for sale infringing
`
`products in this District.
`
`The Patent-In-Suit
`
`7.
`
`Wepay is the exclusive owner of United States Patent No. D930,702 (the
`
`“702 patent”) entitled, “Display screen portion with animated graphical user interface” and
`
`was duly and legally issued in accordance with 35 U.S. Code § 171 by the U.S. Patent and
`
`Trademark Office on September 14, 2021, attached hereto as “Exhibit A”.
`
`
`
`
`
`2
`
`Samsung, Exh. 1050, p. 2
`
`
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`Case: 1:22-cv-01061 Document #: 1 Filed: 03/01/22 Page 3 of 5 PageID #:3
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`8.
`
`The ‘702 patent claim is valid and enforceable and directed to a unique
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`ornamental design for a display screen portion with animated graphic user interface as
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`shown and described.
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`9.
`
`Amazon has not obtained permission from Wepay to use the ornamental
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`design of the ‘702 patent.
`
`10.
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`Attached hereto as “Exhibit B” and incorporated into this complaint as
`
`alleged herein a side-by-side claim chart setting forth an ornamental design element
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`comparison of the second embodiment of the ‘702 patented design and the accused display
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`screen portion articles made by Amazon. The known products infringing the patented
`
`design are the Amazon app for iOS and Android mobile devices1.
`
`Count I - Infringement of U.S. Patent No. D857,702
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`11. Wepay reasserts and incorporates by reference (Exhibit B, pages 2-4) the
`
`preceding paragraphs of this Complaint as fully set forth herein.
`
`12.
`
`Amazon has infringed and continues to infringe the second embodiment of
`
`the Second Embodiment of the ‘702 patent by making, using, distributing, offering to sell
`
`and/or selling in the United States the Amazon mobile computer products, which embodies
`
`the design covered by the ‘702 patent. Amazon infringing activities violate 35 U.S.C. §
`
`271.
`
`Count II - Infringement of U.S. Patent No. D857,702
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`13. Wepay reasserts and incorporates by reference (Exhibit B, pages 6-7) the
`
`preceding paragraphs of this Complaint as fully set forth herein.
`
`
`
`1 See: https://apps.apple.com/us/app/amazon-shopping/id297606951 and
`https://play.google.com/store/apps/details?id=com.amazon.mShop.android.shopping&hl=
`en_US&gl=US
`
`
`
`
`
`3
`
`Samsung, Exh. 1050, p. 3
`
`
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`Case: 1:22-cv-01061 Document #: 1 Filed: 03/01/22 Page 4 of 5 PageID #:4
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`14.
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`Amazon has infringed and continues to infringe the first embodiment of the
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`‘702 patent by making, using, distributing, offering to sell and/or selling in the United
`
`States the Amazon mobile computer products, which embodies the design covered by the
`
`‘702 patent. Amazon infringing activities violate 35 U.S.C. § 271.
`
`Damages
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`15. Wepay sustains damages as a direct result of Amazon’s infringement of the
`
`‘702 patent.
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`15. As a consequence of Amazon’s present, continued, and future infringement
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`of the ‘702 patent, Wepay is entitled to damages recovery for its infringement of the ‘702
`
`patent on a forward-going basis.
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`Prayer for Relief
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`WHEREFORE, WEPAY GLOBAL PAYMENTS LLC prays for the following
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`relief against AMAZON.COM, Inc.:
`
`(a)
`
`judgment that Amazon has infringed the second and first embodiment
`
`claims of the Asserted Patent, directly and/or indirectly, literally and/or
`
`under the standards of substantial similarity;
`
`(b)
`
`awarding the Plaintiff, the greater damages amount for Defendant’s
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`infringement under 35 U.S.C. § 284 or 35 U.S.C. § 289 per asserted count;
`
`(c)
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`post-judgement injunction relief for all products to discontinue the use,
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`making, selling, and export of products infringing the asserted design
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`counts;
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`awarding Plaintiff their costs and expenses incurred in this action;
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`awarding Plaintiff prejudgment and post-judgment interest; and
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`
`
`4
`
`(d)
`
`(e)
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`
`
`Samsung, Exh. 1050, p. 4
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`
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`Case: 1:22-cv-01061 Document #: 1 Filed: 03/01/22 Page 5 of 5 PageID #:5
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`(f)
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`granting Plaintiff such further relief as the Court deems just and appropriate.
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` Demand for Summary Judgment or Jury Trial
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`
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`WEPAY GLOBAL PAYMENTS LLC demands a Summary Judgment or trial by
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`jury on all matters and issues triable by jury issues triable by jury.
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`
`
`Date: March 1, 2022
`
`
`/s/Matthew Wawrzyn_______
`
`Matthew M. Wawrzyn
`(ARDC#6276135)
`matt@wawrzynlaw.com
`
`WAWRZYN LLC
`
`200 East Randolph Street, Suite 5100
`
`Chicago, IL 60601
`
`(312) 235-3120 (telephone)
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`(312) 233-0063 (facsimile)
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`
`
` Counsel for WEPAY GLOBAL PAYMENTS LLC
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`
`
`
`
`5
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`Samsung, Exh. 1050, p. 5
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`
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