Case 6:20-cv-00589-ADA Document 1 Filed 06/29/20 Page 1 of 9
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`HITEL TECHNOLOGIES LLC,
`
`
`
`
`
`
`
`
`Plaintiff
`
` v.
`
`LEVI STRAUSS & CO.,
`
`
`
`
`Defendant
`
`Case No. 6:20-cv-00589
`
`JURY TRIAL DEMANDED
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`
`
`
`
`
`
`
`
`
`COMPLAINT FOR INFRINGEMENT OF PATENT
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`Now comes, Plaintiff Hitel Technologies LLC (“Plaintiff” or “Hitel”), by and
`
`through undersigned counsel, and respectfully alleges, states, and prays as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement under the Patent Laws of the
`
`United States, Title 35 United States Code (“U.S.C.”) to prevent and enjoin Defendant
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`Levi Strauss & Co. (hereinafter, “Defendant”), from infringing and profiting, in an illegal
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`and unauthorized manner, and without authorization and/or consent from Plaintiff from
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`U.S. Patent Nos. 7,689,617 (hereinafter, the “‘617 Patent” or “Patent-in-Suit”), which is
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`attached hereto as Exhibit A and are incorporated herein by reference, and pursuant to
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`35 U.S.C. §271, and to recover damages, attorney’s fees, and costs.
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`THE PARTIES
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`2.
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`Plaintiff is a Texas limited liability company with its principal place of
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`business at 2108 Dallas Pkwy, Suite 214-1051, Plano, TX 75093.
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`
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`HITEL TECHNOLOGIES LLC,
`
`
`
`
`
`
`
`
`Plaintiff
`
` v.
`
`LEVI STRAUSS & CO.,
`
`
`
`
`Defendant
`
`Case No. 6:20-cv-00589
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`COMPLAINT FOR INFRINGEMENT OF PATENT
`
`Now comes, Plaintiff Hitel Technologies LLC (“Plaintiff” or “Hitel”), by and
`
`through undersigned counsel, and respectfully alleges, states, and prays as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement under the Patent Laws of the
`
`United States, Title 35 United States Code (“U.S.C.”) to prevent and enjoin Defendant
`
`Levi Strauss & Co. (hereinafter, “Defendant”), from infringing and profiting, in an illegal
`
`and unauthorized manner, and without authorization and/or consent from Plaintiff from
`
`U.S. Patent Nos. 7,689,617 (hereinafter, the “‘617 Patent” or “Patent-in-Suit”), which is
`
`attached hereto as Exhibit A and are incorporated herein by reference, and pursuant to
`
`35 U.S.C. §271, and to recover damages, attorney’s fees, and costs.
`
`THE PARTIES
`
`2.
`
`Plaintiff is a Texas limited liability company with its principal place of
`
`business at 2108 Dallas Pkwy, Suite 214-1051, Plano, TX 75093.
`
`
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`1
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`
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`Case 6:20-cv-00589-ADA Document 1 Filed 06/29/20 Page 2 of 9
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`3.
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`Upon information and belief, Defendant is a corporation organized under
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`the laws of Delaware, having a principal place of business at 1155 Battery St., San
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`Fransisco, CA 94111-1264. Upon information and belief, Defendant may be served with
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`process c/o: The Prentice Hall Corporate Systems, 211 E. 7th St., Suite 620, Austin, TX
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`78701.
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`4.
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`Plaintiff is further informed and believes, and on that basis alleges, that
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`Defendant operates the website, www.levi.com, which is in the business of providing
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`different products for women, men, kids and gifts such as clothing, shoes and various
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`accessories. Upon information and belief, Defendant derives a portion of its revenue from
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`sales and distribution via transactions initiated from its Internet website located at
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`www.Levi.com, and its incorporated and/or related systems (collectively, the “Levi
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`Website”). Also, as identified on the Levi Website, Defendant also operates an office
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`location in this district. See https://locations.levi.com/en-us/tx/. Plaintiff is informed and
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`believes, and on that basis alleges, that, at all times relevant hereto, Defendant has done
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`and continues to do business in this judicial district, including, but not limited to,
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`providing products/services to customers located in this judicial district by way of the
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`Levi Website.
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`JURISDICTION AND VENUE
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`5.
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`This is an action for patent infringement in violation of the Patent Act of
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`the United States, 35 U.S.C. §§1 et seq.
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`6.
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`The Court has subject matter jurisdiction over this action pursuant to 28
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`U.S.C. §§1331 and 1338(a).
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`2
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`Case 6:20-cv-00589-ADA Document 1 Filed 06/29/20 Page 3 of 9
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`7.
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`This Court has personal jurisdiction over Defendant by virtue of its
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`systematic and continuous contacts with this jurisdiction and its residence in this
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`District, as well as because of the injury to Plaintiff, and the cause of action Plaintiff has
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`risen in this District, as alleged herein.
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`8.
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`Defendant is subject to this Court’s specific and general personal
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`jurisdiction pursuant to its substantial business in this forum, including: (i) at least a
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`portion of the infringements alleged herein; (ii) regularly doing or soliciting business,
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`engaging in other persistent courses of conduct, and/or deriving substantial revenue from
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`goods and services provided to individuals in the forum state and in this judicial District;
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`and (iii) being incorporated in this District.
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`9.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §1400(b)
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`because Defendant resides in this District under the Supreme Court’s opinion in TC
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`Heartland v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017) through its
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`incorporation, and regular and established place of business in this District.
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`FACTUAL ALLEGATIONS
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`10.
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`On March 30, 2010, the United States Patent and Trademark Office
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`(“USPTO”) duly and legally issued the ‘617 Patent, entitled “DYNAMIC LEARNING
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`FOR NAVIGATION SYSTEMS” after a full and fair examination. The ‘617 Patent is
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`attached hereto as Exhibit A and incorporated herein as if fully rewritten.
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`11.
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`Plaintiff is presently the owner of the ‘617 Patent, having received all right,
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`title and interest in and to the ‘617 Patent from the previous assignee of record. Plaintiff
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`possesses all rights of recovery under the ‘617 Patent, including the exclusive right to
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`recover for past infringement.
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`3
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`Case 6:20-cv-00589-ADA Document 1 Filed 06/29/20 Page 4 of 9
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`12. The invention claimed in the ‘617 Patent discloses a “method performed in
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`a system involves, at a node within the system, receiving an input from a user,
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`determining that the input contains an unknown word, presenting, at least one response
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`to the user, and based upon at least one additional input from the user, learning one or
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`more associations for the unknown word.” See Exhibit A, Abstract.
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`13.
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`The ‘617 Patent contains twenty (20) total claims with three (3) claims
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`being independent claims.
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`14.
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`For example, Claim 1 of the ‘617 Patent states:
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`1. A method performed in a system comprising user
`navigable nodes, documents attached to the user
`navigable nodes, keywords associated with the user
`navigable nodes and having search and navigation
`capability that allows users to move from node to node via
`links between the nodes and make selections when at
`individual nodes, the method comprising, at a user
`navigable node within the system:
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`receiving an input from a user;
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`determining that the input contains an unknown word;
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`subsequent to the determining, navigating through the
`system to a current node from the user navigable node
`based upon at least one additional input from the user
`that was provided while at the user navigable node;
`
`
`presenting at least one response to the user based upon
`the documents attached to the current node resulting
`from the navigation; and
`
`
`following presentation of the at least one response,
`learning one or more associations between the
`unknown word and one or more keywords from the
`documents attached to the current node, such that a
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`
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`4
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`Case 6:20-cv-00589-ADA Document 1 Filed 06/29/20 Page 5 of 9
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`direct relationship is formed between the unknown
`word and the one or more keywords.
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`
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`See Exhibit A.
`
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`Defendant provides a shopping website having all the elements and
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`15.
`
`components recited in at least one claim of the ‘617 Patent. More particularly, Defendant
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`commercializes, inter alia, its website using the method as recited in at least Claim 1 of
`
`the ‘617 Patent.
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`DEFENDANT’S WEBSITE
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`16.
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`During the enforceability period of the Patent-in-Suit, Defendant offers its
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`Levi Website (hereinafter, also referred to as the “Accused Instrumentality”), which
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`offers an interface through which a user can interface and utilize input searching. A non-
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`limiting and exemplary claim chart comparing the Accused Instrumentality to the
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`exemplary Claim 1 of the ‘617 Patent is attached hereto as Exhibit B and is incorporated
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`herein as if fully rewritten.
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`17.
`
`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
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`practices a method performed in a system comprising user navigable nodes (e.g.,
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`Levi.com has different product categories (nodes) such as Men, Women, Kids, Customize,
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`etc. for selection by a user), documents (e.g., products webpages) attached to the user
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`navigable nodes (e.g., Levi.com has different products categories (nodes) such as Men,
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`Women, Kids, Customize, etc. for selection by a user), keywords (e.g., products webpages
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`are tagged using keywords such as Skirt, etc.) associated with the user navigable nodes
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`(e.g., Levi.com has different products categories (nodes) such as Men, Women, Kids,
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`Customize, etc. for selection by a user), and having search (e.g., search box) and
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`
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`5
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`Case 6:20-cv-00589-ADA Document 1 Filed 06/29/20 Page 6 of 9
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`navigation capability that allows users to move from node to node via links between the
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`nodes (e.g., from the home page node, users can go to nodes such as “Men”, “Women”,
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`“Kids”, “Customize”, etc.; and then within a node, such as Women, Levi.com contains
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`nodes of particular categories such as “Categories”, “Jeans”, “Collections”, etc. which in
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`turn contain particular products nodes) and make selections when at individual nodes
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`(e.g., a desired products node). See Exhibit B.
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`18.
`
`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
`
`practices receiving an input (e.g., a user inputted search query) from a user. See Exhibit
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`B at 1(a).
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`19.
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`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
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`practices determining that the input (e.g., a user inputted search query) contains an
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`unknown word (e.g., a word which is not a keyword). See Exhibit B at 1(b).
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`20.
`
`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
`
`practices subsequent to the determining (e.g., determining a new word which is not a
`
`keyword), navigating through the system to a current node (e.g., a products node desired
`
`by the user) from the user navigable node (e.g., home page node) based upon at least one
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`additional input (e.g., a user input to select a desired products) from the user that was
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`provided while at the user navigable node (e.g., home page node). See Exhibit B at 1(c).
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`21.
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`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
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`practices presenting at least one response (e.g., displaying at the user device) to the user
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`based upon the documents (e.g., webpage related to a product) attached to the current
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`node (e.g., a product node) resulting from the navigation. See Exhibit B at 1(d).
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`6
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`Case 6:20-cv-00589-ADA Document 1 Filed 06/29/20 Page 7 of 9
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`22.
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`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
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`practices following presentation of the at least one response (e.g., displaying at the user
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`device), learning one or more associations between the unknown word (e.g., a word which
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`is not a keyword such as “Straght”) and one or more keywords (e.g., keywords related to
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`the product node) from the documents (e.g., webpage of a product) attached to the current
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`node (e.g., a products node), such that a direct relationship is formed between the
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`unknown word (e.g., a word which is not a keyword such as “Straght”) and the one or
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`more keywords (e.g., keywords related to the products node). See Exhibit B at 1(e).
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`23.
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`The elements described in Paragraphs 17-22 are covered by at least Claim
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`1 of the ‘617, for example. See Exhibit B.
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`COUNT I:
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`INFRINGEMENT OF THE ‘617 PATENT
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`24.
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`Plaintiff realleges and incorporates by reference all of the allegations set
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`forth in the preceding Paragraphs.
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`25.
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` In violation of 35 U.S.C. §271, Defendant has directly or indirectly, either
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`literally or under the doctrine of equivalents, infringed the ‘617 Patent.
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`26.
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`Defendant has had knowledge of infringement of the ‘617 Patent at least as
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`of the service of the present Complaint.
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`27.
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` Defendant has directly infringed at least one claim of the ‘617 Patent by
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`using, at least through internal testing or otherwise, the Accused Instrumentality
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`without authority in the United States. As a direct and proximate result of Defendant’s
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`infringement of the ‘617 Patent, Plaintiff has been damaged.
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`28.
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`By engaging in the conduct described herein, Defendant has injured
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`
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`7
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`Case 6:20-cv-00589-ADA Document 1 Filed 06/29/20 Page 8 of 9
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`Plaintiff and is thus liable for infringement of the ‘617 Patent, pursuant to 35 U.S.C.
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`§271.
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`29.
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`Defendant has committed these acts of infringement without license or
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`authorization.
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`30.
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`As a result of Defendant’s infringement of the ‘617 Patent, Plaintiff has
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`suffered monetary damages and is entitled to a monetary judgment in an amount
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`adequate to compensate for Defendant’s past infringement, together with interests and
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`costs.
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`31.
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`Plaintiff reserves the right to modify its infringement theories as discovery
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`progresses in this case; it shall not be estopped for infringement contention or claim
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`construction purposes by the claim charts that it provides with this Complaint. The claim
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`chart depicted in Exhibit B is intended to satisfy the notice requirements of Rule 8(a)(2)
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`of the Federal Rule of Civil Procedure and does not represent Plaintiff’s preliminary or
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`final infringement contentions or preliminary or final claim construction positions.
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`DEMAND FOR JURY TRIAL
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`32.
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`Plaintiff demands a trial by jury of any and all causes of action.
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`
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`WHEREFORE, Plaintiff prays for the following relief:
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`PRAYER FOR RELIEF
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`a. That Defendant be adjudged to have directly or indirectly, literally and/or
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`under the doctrine of equivalents, infringed the ‘617 Patent;
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`b. An accounting of all infringing sales and damages including, but not limited
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`to, those sales and damages not presented at trial;
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`8
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`Case 6:20-cv-00589-ADA Document 1 Filed 06/29/20 Page 9 of 9
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`c. An award of damages pursuant to 35 U.S.C. §284 sufficient to compensate
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`Plaintiff for the Defendant’s past infringement, including compensatory damages;
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`d. An assessment of pre-judgment and post-judgment interest and costs against
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`Defendant, together with an award of such interest and costs, in accordance with 35
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`U.S.C. §284;
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`e. That Defendant be directed to pay enhanced damages, including Plaintiff’s
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`attorneys’ fees incurred in connection with this lawsuit pursuant to 35 U.S.C. §285; and
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`f. That Plaintiff be granted such other and further relief as this Court may deem
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`just and proper.
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`Dated: June 29, 2020
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`Respectfully Submitted
`
`/s/ Raymond W. Mort, III
`Raymond W. Mort, III
`Texas State Bar No. 00791308
`raymort@austinlaw.com
`
`THE MORT LAW FIRM, PLLC
`100 Congress Ave, Suite 2000
`Austin, Texas 78701
`Tel/Fax: (512) 865-7950
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`ATTORNEYS FOR PLAINTIFF
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`9
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