Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 1 of 17 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`COMMUNICATION INTERFACE
`TECHNOLOGIES, LLC,
`
`Plaintiff,
`
`v.
`
`RENT-A-CENTER, INC.
`
`Defendant.
`
`Civil Action No. 4:20-cv-287
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Communication Interface Technologies, LLC (“CIT” or “Plaintiff”), for its
`
`Complaint against Defendant Rent-A-Center, Inc., (referred to herein as “RAC” or “Defendant”),
`
`alleges the following:
`
`NATURE OF THE ACTION
`
`1. This is an action for patent infringement arising under the patent laws of the United
`
`States, 35 U.S.C. § 1 et seq.
`
`THE PARTIES
`
`2. Plaintiff CIT is a Limited Liability Company organized under the laws of the State of
`
`Delaware with a place of business at 3107 Boardwalk, Atlantic City, NJ 08401.
`
`3. Upon information and belief, RAC is a corporation organized and existing under the
`
`laws of the State of Delaware, with a place of business at 5501 Headquarters Dr., Plano, TX
`
`75024 and can be served through its registered agent, the Corporation Trust Company at
`
`Corporation Trust Center 1209 Orange St., Wilmington, DE 19801. Upon information and
`
`belief, RAC sells, offers to sell, and/or uses products and services throughout the United States,
`
`Page 1 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 2 of 17 PageID #: 2
`
`including in this judicial district, and introduces products and services into the stream of
`
`commerce that incorporate infringing technology knowing they would be sold in this judicial
`
`district and elsewhere in the United States.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`5.
`
`6.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`Venue is proper in this judicial district under 28 U.S.C. §1400(b). On information
`
`and belief RAC has committed acts of infringement in this District and has a regular and
`
`established place of business within this District.
`
`7.
`
`This Court has personal jurisdiction over Defendant, because Defendant has
`
`sufficient minimum contacts within the State of Texas and this District, pursuant to due process
`
`and/or the State of Texas Long Arm Statute, Tex. Civ. Prac. & Rem. Code § 17.042 because
`
`Defendant purposefully availed itself of the privileges of conducting business in the State of
`
`Texas and in this District, because Defendant regularly conducts and solicits business within the
`
`State of Texas and within this District, and because Plaintiff’s causes of action arise directly
`
`from Defendant’s business contacts and other activities in the State of Texas and this District.
`
`Venue is also proper in this district because RAC has a regular and established place of business
`
`in this district. For instance, RAC has its corporate headquarters located in this judicial district at
`
`5501 Headquarters Dr., Plano, TX 75024. See, e.g., http://www.corporate-office-
`
`headquarters.com/rent-a-center (last visited Mar. 19, 2020).
`
`
`
`Page 2 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 3 of 17 PageID #: 3
`
`BACKGROUND
`
`The Invention
`
`8.
`
`Eric Morgan Dowling and Mark Nicholas Anastasi are the inventors of U.S.
`
`Patent Nos. 6,574,239 (“the ’239 Patent”), 8,266,296 (“the ’296 Patent”), and 8,291,010 (“the
`
`’010 Patent”). A true and correct copy of the ’239 Patent is attached as Exhibit 1. A true and
`
`correct copy of the ’296 Patent is attached as Exhibit 2. A true and correct copy of the ’010
`
`Patent is attached as Exhibit 3.
`
`9.
`
`The ’239 Patent, the ’296 Patent, and the ’010 Patent resulted from the pioneering
`
`efforts of Dr. Dowling and Mr. Anastasi (hereinafter “the Inventors”) in the late 1990s, in the
`
`area of quickly-resumed client-server communication sessions. These efforts resulted in the
`
`development of methods and apparatuses for virtual connection of a remote unit to a server and
`
`methods and apparatuses for application-layer evaluation of communications received by a
`
`mobile device.
`
`10.
`
`At the time of these pioneering efforts, the most widely implemented technology
`
`that was in use involved client-server communication sessions that could be instantiated and torn
`
`down. If communications between client and server were needed again, the widely implemented
`
`technology would simply instantiate a brand new session between the same client and server.
`
`Secure Sockets Layer (SSL) is an example of the earlier technology. Unlike Transport Layer
`
`Security (TLS), SSL did not allow session reactivation, and instead required a new session to be
`
`negotiated from scratch after an older session was deactivated (torn down).
`
`11.
`
`Creating a new session required the renegotiation of a set of session keys that
`
`included computation of new cryptographic keys. This process required significant start up
`
`times and computational resources. The invention encompassed by the patents-in-suit, instead of
`
`tearing down an old session and instantiating a new session, places the old session into an
`Page 3 of 17
`
`
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 4 of 17 PageID #: 4
`
`inactive state, and then reactivates the old session to place it back into the active state using a
`
`much shorter renegotiation sequence that makes use of saved session parameters. The saved
`
`session parameters include pre-computed client-server encryption keys that are used to quickly
`
`and efficiently reactivate the inactive sessions. Some embodiments allow the session layer
`
`connection between the client and server devices to be reactivated without the need to create a
`
`new session by negotiating new session parameters and session keys. (See Exhibit 1 at Figs. 1A,
`
`2, 3:45-63, 8:34-9:14, 9:54-60.) Other embodiments additionally or alternatively allow the
`
`application layer session to be reactivated without the need for the user to enter his/her user
`
`authentication credentials at the time of each session reactivation.
`
`12.
`
`The Inventors first conceived of the inventions claimed in the ’239 Patent, the
`
`’296 Patent, and the ’010 Patent as a way to shorten the connection time of the dialup modems in
`
`use back in the 1990s. Each time a new dialup modem connection needed to be reestablished,
`
`there would be a several-second period (typically around 10-12 seconds) during which the user
`
`would hear audio modem tones and hissing sounds while the modems reconnected and
`
`negotiated a new data session. The virtual session inventions allowed the modems to reconnect
`
`by remembering the previously negotiated modem parameters, thereby greatly shortening this
`
`renegotiation time to being almost unnoticeable. (See Ex. 1 at 13:42-43, 17:50-58.)
`
`13. While developing their invention, the inventors contemplated that virtual sessions
`
`would also be very useful in wireless applications (see, e.g., Ex. 1 at Fig. 2, 9:32-35, 13:4-8) to
`
`allow a client-side remote unit to maintain a virtual presence with a remote server. The inventors
`
`taught that virtual sessions could be layered over wireless connections to allow remote units such
`
`as wireless Internet devices to be virtually connected to one or more server-side application
`
`programs running on one or more remote server systems without wasting wireless physical layer
`
`
`
`Page 4 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 5 of 17 PageID #: 5
`
`resources to maintain the one or more session layer connections. (See Ex. 1 at 9:28-60.) The
`
`physical layer could be inactive, while the virtual session layer connections could be maintained
`
`without using wireless resources. (See Ex. 1 at 3:45-49, 8:56-58, 9:7-10.) When the client-side
`
`remote unit needed to communicate with the server, or when the server needed to send newly
`
`received information to the remote unit, the virtual session could be reactivated without the need
`
`to tediously set up and authenticate a new secure cryptographic session with the server. (See Ex.
`
`1 at Fig. 1A, 9:53-60, 13:48-14:17.)
`
`14.
`
`For example, the Inventors developed methods for controlling virtual sessions
`
`between a server-side program and a client-side application program. (See Ex. 1 at 14:32-43.)
`
`When the virtual session is not needed, it is placed into an inactive state (like a sleep state). (See,
`
`e.g., Ex. 1 at 3:45-49, 10:6-11:22; Ex. 2 at 3:56-60.) In this state, no communication resources
`
`are used. (See Ex. 1 at 3:37-44, 17:36-45.) When a virtual session is needed again, for example
`
`when the server receives new information for the client-side application program, the server can,
`
`for example, send a message that causes the client-side application program to resume the virtual
`
`session with the server. (See Ex. 1 at 3:60-63.) This session resumption is accomplished using
`
`saved session parameters instead of going through the full session authentication and negotiation
`
`process, as was needed in the prior art. In modern day parlance, the client-side application
`
`program is typically called an “App.”
`
`Advantage Over the Prior Art
`
`15.
`
`The patented inventions disclosed in the ’239 Patent, the ’296 Patent, and the ’010
`
`Patent provide many advantages over the prior art, and in particular improved the operations of
`
`communications between remote units such as wireless computing and communications devices
`
`and remote servers. (See Ex. 1 at Figs. 1, 2; Ex. 2 at 3:48-4:39; Ex. 3 at 3:48-4:39.) One
`
`
`
`Page 5 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 6 of 17 PageID #: 6
`
`advantage of the patented inventions is providing systems and methods to enable users such as
`
`remote workers or other types of users to stay connected to one or more central servers without
`
`the need to continuously remain connected via one or more physical channels. (See, e.g., Ex. 1
`
`at 3:37-40; Ex. 2 at 3:48-51; Ex. 3 at 3:48-51.) A central aspect of the inventions is the concept
`
`of fast reconnect. (See, e.g., Ex. 1 at Abstract, 17:50-58; Ex. 2 at Abstract.) Users of remote
`
`devices can reconnect via a previously established communication session to a server-side
`
`application program, without the need to use the prior art’s long and tedious session
`
`establishment procedures each time a reconnect is needed after a session has been deactivated.
`
`(See Ex. 1 at 12:49-53, 17:36-42.)
`
`16.
`
`Another advantage offered by the patented inventions is to allow a remote unit to
`
`maintain a private/secured session layer connection to support communication between a client-
`
`side application program and a server-side application program over long periods of session
`
`inactivity. This may be achieved, for example, by computing cryptographic session parameters
`
`(e.g., according to public key cryptography techniques) that can be used to quickly resume the
`
`session without the user needing to start a new authentication process from scratch. (See Ex. 1 at
`
`3:2-5, 3:55-60, 4:22-25, 8:45-53, 10:2-15, 10:51-55, 10:57-62, 11:15-21, 14:32-33, 18:61-66,
`
`20:40-43, 20:50-55, 21-49-55, 22:1-7, Figs. 6, 7.) This connection can be referred to as a
`
`sustained secure connection that persists, for example, when the user has turned off his or her
`
`user device or put it in airplane mode and then turned it back on again. In the prior art, the
`
`secure cryptographic session would need to be terminated under such conditions, and a new
`
`secure session between the client and the server would need to be established from scratch. The
`
`session layer connection can preferentially be used to support various different kinds of
`
`
`
`Page 6 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 7 of 17 PageID #: 7
`
`application layer communications between the remote unit and the server-side application
`
`program. (See Ex. 1 at Figs. 1A, 2, 3:45-63, 8:34-9:14, 9:54-60.)
`
`17.
`
`Another advantage offered by some embodiments of the patented inventions of
`
`the patents-in-suit is to allow a user using a remote unit to maintain a private/secured logon type
`
`session between a client-side application program and a server-side application program over
`
`longer periods of time, without the need for the user to repeatedly reenter his or her logon
`
`credentials such as user name and password. This is achieved by computing cryptographic
`
`session parameters (e.g., according to public key cryptography techniques) that can be used to
`
`quickly resume the session without the user needing to start a new authentication process from
`
`scratch. (See Ex. 1 at 3:2-5, 3:55-60, 4:22-25, 8:45-53, 10:2-15, 10:51-55, 10:57-62, 11:15-21,
`
`14:32-33, 18:61-66, 20:40-43, 20:50-55, 21-49-55, 22:1-7, Figs. 6, 7.) This can be referred to as
`
`a sustained secure connection that persists, for example, when the user has turned off his or her
`
`user device or put it in airplane mode and then turned it back on again. In the prior art, the
`
`secure cryptographic session would need to be terminated under such conditions, and a new
`
`secure session between the client and the server would need to be manually established in which
`
`the user would need to present his or her user credentials to establish a new session.
`
`18.
`
`Another advantage offered by the patented inventions of the patents-in-suit is that
`
`the invention contemplated that the remote unit 100 of Fig. 1 and Fig. 2 of the ’239 Patent would
`
`be able to wirelessly connect (207) (Ex. 1 at Fig. 2) to a plurality of different server-side
`
`application programs (220) (Ex. 1 at Fig. 2). (See also Ex. 1 at 7:21-25, 7:50-52, 14:62-64.)
`
`Typically, a smart phone device will have many different downloaded Apps, and each App will
`
`communicate with its own corresponding remote server-side application program. Furthermore,
`
`as disclosed in the ’239 Patent (Ex. 1 at 7:41-44), each such connection between each App on the
`
`
`
`Page 7 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 8 of 17 PageID #: 8
`
`remote unit and each different server-side application program could be connected by its own
`
`virtual session, using a separate set of saved session parameters including cryptographic session
`
`reauthentication parameters for fast/accelerated session reconnect. The prior art required all the
`
`different sessions to be tediously and manually established and torn down each time they were
`
`separately needed. (See Ex. 1 at 7:56-8:10, 17:50-54, 18:40-48, 19:57-60.)
`
`19.
`
`Yet another advantage offered by various embodiments of the patented inventions
`
`of the patents-in-suit is that any given server-side application program can use a table to maintain
`
`multiple virtual sessions with a plurality of remote units using a database of pre-computed and
`
`prestored cryptographic session keys. (See Ex. 1 at 8:61-9:4, 10:57-59, 11:12-21.) That is, the
`
`server-side application program can manage a large number of secure cryptographic virtual
`
`sessions with a large number of different client-side wireless remote units that have downloaded
`
`the corresponding client-side App. (See, e.g., Ex. 1 at Fig. 2, 9:61-10:13.) The prior art required
`
`these different sessions to be tediously and manually established and torn down each time they
`
`were separately needed.
`
`20.
`
`Yet another advantage offered by various embodiments of the patented inventions
`
`of the patents-in-suit is that the virtual session can be reactivated based on either the remote unit
`
`requesting data or the server sending data. (See Ex. 1 at Figs. 3, 7, 13:21-28, 13:48-54, 13:59-
`
`14:3.) The prior art did not provide any means to use fast virtual session reconnection
`
`techniques to make the client/server experience seamless over extended periods of usage.
`
`Instead, techniques like SSL would require new sessions to be set up and torn down over and
`
`over again.
`
`21.
`
`Yet another advantage offered by various embodiments of the patented inventions
`
`of the patents-in-suit is the ability of the server-side application program to send an unsolicited
`
`
`
`Page 8 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 9 of 17 PageID #: 9
`
`message to the client-side application running on the wireless remote unit to cause one or more
`
`virtual sessions to be reestablished. (See Ex. 1 at 3:61-63, 13:48-14:17, 24:61-64.) This message
`
`makes special use of saved cryptographic authentication parameters and information needed to
`
`identify the relevant client-side application program (App) that runs on the remote unit. (See Ex.
`
`1 at Figs. 7, 8.) The specification not only describes specific exemplary embodiments that make
`
`use of caller ID type packets to send the outbound notification message, but the specification also
`
`describes many more general alternative embodiments directed toward wireless applications.
`
`(See Ex. 1 at 6:45-51, 13:65-14:17, 22:39-55, 22:64-23:6, 23:29-32, 23:39-64, 24:31-25:8, and
`
`25:20-26.)
`
`22.
`
`Because of these significant advantages that can be achieved through the use of
`
`various embodiments of the patented inventions, the ’239 Patent, the ’296 Patent, and the ’010
`
`Patent present significant commercial value for companies like RAC. Indeed, RAC coordinates
`
`its products and services using its mobile App, providing convenience and efficiency for its
`
`customers, enhancing the customer engagement and experience of its customers, and increasing
`
`the efficiency of its own operations, in addition to other benefits.
`
`Prior Litigation
`
`23.
`
`The ’239 Patent was previously litigated in the Eastern District of Texas (2-04-
`
`CV-00108, 2-03-CV-00465) and in the Northern District of Texas (3-04-CV-00281). These
`
`cases settled before any claim construction hearings were conducted, although in one case a joint
`
`claim construction and prehearing statement was submitted by the parties. See Dkt. 130, East
`
`Texas Technology Partners, L.P. v. Toshiba America, Inc., et al., No. 2:03-CV-465(TJW) (E.D.
`
`
`
`Page 9 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 10 of 17 PageID #: 10
`
`Tex. Jan. 5, 2005).
`
`COUNT I – INFRINGEMENT OF U.S. Patent No. 6,574,239
`
`24.
`
`The allegations set forth in the foregoing paragraphs 1 through 23 are
`
`incorporated into this first claim for relief.
`
`25.
`
`On June 3, 2003, the ’239 Patent, entitled Virtual Connection of a Remote Unit to
`
`a Server was duly and legally issued by the United States Patent and Trademark Office.
`
`26.
`
`Plaintiff is the assignee and owner of the right, title and interest in and to the ’239
`
`Patent, including the right to assert all causes of action arising under said patent and the right to
`
`any remedies for infringement of them.
`
`27.
`
`As set forth above, the inventions of the ’239 Patent resolve technical problems
`
`related to client-server computing architecture.
`
`28.
`
`The claims of the ’239 Patent do not merely recite the performance of some
`
`business practice known from the pre-Internet world along with the requirement to perform it on
`
`the Internet. Instead, the claims of the ’239 Patent recite one or more inventive concepts that are
`
`rooted in computerized client-server computing architecture technology, and overcome problems
`
`specifically arising in the realm of computerized client-server computing architecture
`
`technologies.
`
`29.
`
`As set forth above, the claims of the ’239 Patent recite an invention that is not
`
`merely the routine or conventional use of computers. Instead, the invention makes use of
`
`specific client-server computer architecture functionalities. The ’239 Patent claims thus specify
`
`how computing devices and remote servers are manipulated to yield a desired result.
`
`
`
`Page 10 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 11 of 17 PageID #: 11
`
`30.
`
`The technology claimed in the ’239 Patent does not preempt all ways of using
`
`client-server computing architectures or the use of all communication session technologies, or
`
`any other well-known or prior art technology.
`
`31.
`
`Each claim of the ’239 Patent recites a combination of elements sufficient to
`
`ensure that the claim in practice amounts to significantly more than a patent on an ineligible
`
`concept.
`
`32.
`
`33.
`
`As of the date of this filing, there are more than 184 licensees to the ’239 Patent.
`
`Upon information and belief, Defendant has directly infringed, literally and/or
`
`under the doctrine of equivalents, at least claim 7 of the ’239 Patent by making, using, selling,
`
`offering to sell, importing and/or providing and causing to be used products, specifically one or
`
`more mobile device applications, which by way of example include the Rent-A-Center Mobile
`
`App. See https://play.google.com/store/apps/details?id=com.rac.racmobile&hl=en_US (last
`
`visited Mar. 19, 2020). Upon information and belief, the exemplary version herein and previous
`
`versions of the Rent-A-Center Mobile App (the Accused Instrumentalities) distributed prior to
`
`expiration of the patents-in-suit operated materially in the same manner.
`
`34.
`
`Upon information and belief, the Accused Instrumentalities perform a method in
`
`which wireless push notification messages are sent over TLS sessions, and the remote server and
`
`the client-side application establish a separate TLS connection for traditional client-server
`
`communications.
`
`35.
`
`Attached hereto as Exhibit 4, and incorporated herein by reference, is a claim
`
`chart detailing how one or more of the Accused Instrumentalities infringe claim 7 of the ’239
`
`Patent.
`
`
`
`Page 11 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 12 of 17 PageID #: 12
`
`36.
`
`The Accused Instrumentalities infringed claim 7 of the ’239 Patent during the
`
`pendency of the ’239 Patent.
`
`37.
`
`Plaintiff has been harmed by Defendant’s infringing activities.
`
`COUNT II – INFRINGEMENT OF U.S. Patent No. 8,266,296
`
`38.
`
`The allegations set forth in the foregoing paragraphs 1 through 37 are
`
`incorporated into this second claim for relief.
`
`39.
`
`On September 11, 2012, the ’296 Patent, entitled Application-Layer Evaluation of
`
`Communications Received By a Mobile Device was duly and legally issued by the United States
`
`Patent and Trademark Office.
`
`40.
`
`Plaintiff is the assignee and owner of the right, title and interest in and to the ’296
`
`Patent, including the right to assert all causes of action arising under said patent and the right to
`
`any remedies for infringement of them.
`
`41.
`
` As set forth above, the inventions of the ’296 Patent resolve technical problems
`
`related to client-server computing architecture.
`
`42.
`
`The claims of the ’296 Patent do not merely recite the performance of some
`
`business practice known from the pre-Internet world along with the requirement to perform it on
`
`the Internet. Instead, the claims of the ’296 Patent recite one or more inventive concepts that are
`
`rooted in computerized client-server computing architecture technology, and overcome problems
`
`specifically arising in the realm of computerized client-server computing architecture
`
`technologies.
`
`43.
`
`The claims of the ’296 Patent recite an invention that is not merely the routine or
`
`conventional use of computers. Instead, the invention makes use of specific client-server
`
`
`
`Page 12 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 13 of 17 PageID #: 13
`
`computer architecture functionalities. The ’296 Patent claims thus specify how computing
`
`devices and remote servers are manipulated to yield a desired result.
`
`44.
`
`The technology claimed in the ’296 Patent does not preempt all ways of using
`
`client-server computing architectures or the use of all communication session technologies, or
`
`any other well-known or prior art technology.
`
`45.
`
`Each claim of the ’296 Patent recites a combination of elements sufficient to
`
`ensure that the claim in practice amounts to significantly more than a patent on an ineligible
`
`concept.
`
`46.
`
`47.
`
`As of the date of this filing, there are more than 184 licensees to the ’296 Patent.
`
`Upon information and belief, Defendant has directly infringed, literally and/or
`
`under the doctrine of equivalents, at least claim 1 of the ’296 Patent by making, using, selling,
`
`importing and/or providing and causing to be used specifically one or more mobile device
`
`applications, which by way of example include the Rent-A-Center Mobile App See
`
`https://play.google.com/store/apps/details?id=com.rac.racmobile&hl=en_US (last visited Mar.
`
`19, 2020). Upon information and belief, the exemplary version herein and previous versions of
`
`the Rent-A-Center Mobile App (the Accused Instrumentalities) distributed prior to expiration of
`
`the patents-in-suit operated materially in the same manner.
`
`48.
`
`Upon information and belief, the Accused Instrumentalities perform a method in
`
`which wireless push notification messages are sent over TLS sessions, and the remote server and
`
`the client-side application establish a separate TLS connection for traditional client-server
`
`communications.
`
`
`
`Page 13 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 14 of 17 PageID #: 14
`
`49.
`
`Attached hereto as Exhibit 5, and incorporated herein by reference, is a claim
`
`chart detailing how one or more of the Accused Instrumentalities infringe claim 1 of the ’296
`
`Patent.
`
`50.
`
`The Accused Instrumentalities infringed claim 1 of the ’296 Patent during the
`
`pendency of the ’296 Patent.
`
`51.
`
`Plaintiff has been harmed by Defendant’s infringing activities.
`
`COUNT III – INFRINGEMENT OF U.S. PATENT NO. 8,291,010
`
`52.
`
`The allegations set forth in the foregoing paragraphs 1 through 51 are
`
`incorporated into this third claim for relief.
`
`53.
`
`On October 16, 2012, the ’010 Patent, entitled Virtual Connection of a Remote
`
`Unit to a Server was duly and legally issued by the United States Patent and Trademark Office.
`
`54.
`
`Plaintiff is the assignee and owner of the right, title and interest in and to the ’010
`
`Patent, including the right to assert all causes of action arising under said patent and the right to
`
`any remedies for infringement of them.
`
`55.
`
`As set forth above, the inventions of the ’010 Patent resolve technical problems
`
`related to client-server computing architecture.
`
`56.
`
`The claims of the ’010 Patent do not merely recite the performance of some
`
`business practice known from the pre-Internet world along with the requirement to perform it on
`
`the Internet. Instead, the claims of the ’010 Patent recite one or more inventive concepts that are
`
`rooted in computerized client-server computing architecture technology, and overcome problems
`
`specifically arising in the realm of computerized client-server computing architecture
`
`technologies.
`
`57.
`
`The claims of the ’010 Patent recite an invention that is not merely the routine or
`
`conventional use of computers. Instead, the invention makes use of specific client-server
`Page 14 of 17
`
`
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 15 of 17 PageID #: 15
`
`computer architecture functionalities. The ’010 Patent claims thus specify how computing
`
`devices and remote servers are manipulated to yield a desired result.
`
`58.
`
`The technology claimed in the ’010 Patent does not preempt all ways of using
`
`client-server computing architectures or the use of all communication session technologies, or
`
`any other well-known or prior art technology.
`
`59.
`
`Each claim of the ’010 Patent recites a combination of elements sufficient to
`
`ensure that the claim in practice amounts to significantly more than a patent on an ineligible
`
`concept.
`
`60.
`
`61.
`
`As of the date of this filing, there are more than 184 licensees to the ’010 Patent.
`
`Upon information and belief, Defendant has directly infringed, literally and/or
`
`under the doctrine of equivalents, at least claims 1 and 17 of the ’010 Patent by making, using,
`
`selling, offering to sell, importing and/or providing and causing to be used products, specifically
`
`one or more mobile device applications, which by way of example include the Rent-A-Center
`
`Mobile App See https://play.google.com/store/apps/details?id=com.rac.racmobile&hl=en_US
`
`(last visited on Mar. 19, 2020) (the “Accused Instrumentalities”). Upon information and belief,
`
`the exemplary version herein and previous versions of the Rent-A-Center Mobile App distributed
`
`prior to expiration of the patents-in-suit operated materially in the same manner.
`
`62.
`
`Upon information and belief, the Accused Instrumentalities perform a method in
`
`which wireless push notification messages are sent over TLS sessions, and the remote server and
`
`the client-side application establish a separate TLS connection for traditional client-server
`
`communications.
`
`
`
`Page 15 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 16 of 17 PageID #: 16
`
`63.
`
`Attached hereto as Exhibit 6, and incorporated herein by reference, is a claim
`
`chart detailing how one or more of the Accused Instrumentalities infringe claim 1 of the ’010
`
`Patent.
`
`64.
`
`Attached hereto as Exhibit 7, and incorporated herein by reference, is a claim
`
`chart detailing how one or more of the Accused Instrumentalities infringe claim 17 of the ’010
`
`Patent.
`
`65.
`
`The Accused Instrumentalities infringed claims 1 and 17 of the ’010 Patent during
`
`the pendency of the ’010 Patent.
`
`66.
`
`Plaintiff has been harmed by Defendant’s infringing activities.
`
`JURY DEMAND
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands a trial by
`
`jury on all issues triable as such.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff demands judgment for itself and against Defendant as follows:
`
`A.
`
`An adjudication that the Defendant has infringed the ’239 Patent, the ’296 Patent,
`
`and the ’010 Patent;
`
`B.
`
`An award of damages to be paid by Defendant adequate to compensate Plaintiff
`
`for Defendant’s past infringement of the ’239 Patent, the ’296 Patent, and the
`
`’010 Patent, including interest, costs, expenses and an accounting of all infringing
`
`acts including, but not limited to, those acts not presented at trial;
`
`C.
`
`A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
`
`Plaintiff’s reasonable attorneys’ fees; and
`
`D.
`
`An award to Plaintiff of such further relief at law or in equity as the Court deems
`
`just and proper.
`
`
`
`Page 16 of 17
`
`

`

`Case 4:20-cv-00287-SDJ Document 1 Filed 04/08/20 Page 17 of 17 PageID #: 17
`
`Dated: April 8, 2020
`
`
`
`
`
`
`
`
`DEVLIN LAW FIRM LLC
`
`/s/ Timothy Devlin
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`1526 Gilpin Avenue
`Wilmington, Delaware 19806
`
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Attorneys for Plaintiff
`COMMUNICATION INTERFACE
`TECHNOLOGIES, LLC
`
`
`
`
`Page 17 of 17
`
`