`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`HITEL TECHNOLOGIES LLC,
`
`
`
`
`
`
`
`
`Plaintiff
`
` v.
`
`GUCCI AMERICA, INC.,
`
`
`
`
`Defendant
`
`Case No. 6:20-cv-00592
`
`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
`
`Gucci America Inc. (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.
`
`
`
`1
`
`
`
`Case 6:20-cv-00592-ADA Document 1 Filed 06/29/20 Page 2 of 9
`
`3.
`
`Upon information and belief, Defendant is a corporation organized under
`
`the laws of New York, having a principal place of business at 50 Hartz Way, Attn:
`
`Mershall Inerfeld, Secaucus, NJ 07094-2420. Upon information and belief, Defendant
`
`may be served with process c/o: CT Corporation System, 1999 Bryan St., Suite 900,
`
`Dallas, TX 75201.
`
`4.
`
`Plaintiff is further informed and believes, and on that basis alleges, that
`
`Defendant operates the website, www.gucci.com, which is in the business of providing
`
`different products for women, men, kids and gifts such as clothing, shoes and various
`
`accessories. Upon information and belief, Defendant derives a portion of its revenue from
`
`sales and distribution via transactions initiated from its Internet website located at
`
`www.gucci.com, and its incorporated and/or related systems (collectively, the “Gucci
`
`Website”). Also, as identified on the Gucci Website, Defendant also operates an office
`
`location
`
`in this district. See https://www.gucci.com/us/en/store?store-search=tx.
`
`Plaintiff is informed and believes, and on that basis alleges, that, at all times relevant
`
`hereto, Defendant has done and continues to do business in this judicial district,
`
`including, but not limited to, providing products/services to customers located in this
`
`judicial district by way of the Gucci Website.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for patent infringement in violation of the Patent Act of
`
`the United States, 35 U.S.C. §§1 et seq.
`
`6.
`
`The Court has subject matter jurisdiction over this action pursuant to 28
`
`U.S.C. §§1331 and 1338(a).
`
`
`
`2
`
`
`
`Case 6:20-cv-00592-ADA Document 1 Filed 06/29/20 Page 3 of 9
`
`7.
`
`This Court has personal jurisdiction over Defendant by virtue of its
`
`systematic and continuous contacts with this jurisdiction and its residence in this
`
`District, as well as because of the injury to Plaintiff, and the cause of action Plaintiff has
`
`risen in this District, as alleged herein.
`
`8.
`
`Defendant is subject to this Court’s specific and general personal
`
`jurisdiction pursuant to its substantial business in this forum, including: (i) at least a
`
`portion of the infringements alleged herein; (ii) regularly doing or soliciting business,
`
`engaging in other persistent courses of conduct, and/or deriving substantial revenue from
`
`goods and services provided to individuals in the forum state and in this judicial District;
`
`and (iii) being incorporated in this District.
`
`9.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §1400(b)
`
`because Defendant resides in this District under the Supreme Court’s opinion in TC
`
`Heartland v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017) through its
`
`incorporation, and regular and established place of business in this District.
`
`FACTUAL ALLEGATIONS
`
`10.
`
`On March 30, 2010, the United States Patent and Trademark Office
`
`(“USPTO”) duly and legally issued the ‘617 Patent, entitled “DYNAMIC LEARNING
`
`FOR NAVIGATION SYSTEMS” after a full and fair examination. The ‘617 Patent is
`
`attached hereto as Exhibit A and incorporated herein as if fully rewritten.
`
`11.
`
`Plaintiff is presently the owner of the ‘617 Patent, having received all right,
`
`title and interest in and to the ‘617 Patent from the previous assignee of record. Plaintiff
`
`possesses all rights of recovery under the ‘617 Patent, including the exclusive right to
`
`recover for past infringement.
`
`
`
`3
`
`
`
`Case 6:20-cv-00592-ADA Document 1 Filed 06/29/20 Page 4 of 9
`
`12. The invention claimed in the ‘617 Patent discloses a “method performed in
`
`a system involves, at a node within the system, receiving an input from a user,
`
`determining that the input contains an unknown word, presenting, at least one response
`
`to the user, and based upon at least one additional input from the user, learning one or
`
`more associations for the unknown word.” See Exhibit A, Abstract.
`
`13.
`
`The ‘617 Patent contains twenty (20) total claims with three (3) claims
`
`being independent claims.
`
`14.
`
`For example, Claim 1 of the ‘617 Patent states:
`
`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:
`
`receiving an input from a user;
`
`determining that the input contains an unknown word;
`
`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
`
`
`
`4
`
`
`
`Case 6:20-cv-00592-ADA Document 1 Filed 06/29/20 Page 5 of 9
`
`direct relationship is formed between the unknown
`word and the one or more keywords.
`
`
`
`See Exhibit A.
`
`
`Defendant provides a shopping website having all the elements and
`
`15.
`
`components recited in at least one claim of the ‘617 Patent. More particularly, Defendant
`
`commercializes, inter alia, its website using the method as recited in at least Claim 1 of
`
`the ‘617 Patent.
`
`DEFENDANT’S WEBSITE
`
`16.
`
`During the enforceability period of the Patent-in-Suit, Defendant offers its
`
`Gucci Website (hereinafter, also referred to as the “Accused Instrumentality”), which
`
`offers an interface through which a user can interface and utilize input searching. A non-
`
`limiting and exemplary claim chart comparing the Accused Instrumentality to the
`
`exemplary Claim 1 of the ‘617 Patent is attached hereto as Exhibit B and is incorporated
`
`herein as if fully rewritten.
`
`17.
`
`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
`
`practices a method performed in a system comprising user navigable nodes (e.g.,
`
`Armani.com has different product categories (nodes) such as What’s New, Women, Men,
`
`Children, etc. for selection by a user), documents (e.g., products webpages) attached to
`
`the user navigable nodes (e.g., Gucci.com has different products categories (nodes) such
`
`as What’s New, Women, Men, Children, etc. for selection by a user), keywords (e.g.,
`
`products webpages are tagged using keywords such as boot, etc.) associated with the user
`
`navigable nodes (e.g., Gucci.com has different products categories (nodes) such as What’s
`
`New, Women, Men, Children, etc. for selection by a user), and having search (e.g., search
`
`
`
`5
`
`
`
`Case 6:20-cv-00592-ADA Document 1 Filed 06/29/20 Page 6 of 9
`
`box) and navigation capability that allows users to move from node to node via links
`
`between the nodes (e.g., from the home page node, users can go to nodes such as “What’s
`
`New”, “Women”, “Men”, “Children”, etc.; and then within a node, such as Men, Gucci.com
`
`contains nodes of particular categories such as “Bags”, “Ready to Wear”, “Shoes”, etc.
`
`which in turn contain particular products nodes) and make selections when at individual
`
`nodes (e.g., a desired products node). See Exhibit B.
`
`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
`
`B at 1(a).
`
`19.
`
`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
`
`practices determining that the input (e.g., a user inputted search query) contains an
`
`unknown word (e.g., a word which is not a keyword). See Exhibit B at 1(b).
`
`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
`
`additional input (e.g., a user input to select a desired products) from the user that was
`
`provided while at the user navigable node (e.g., home page node). See Exhibit B at 1(c).
`
`21.
`
`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
`
`practices presenting at least one response (e.g., displaying at the user device) to the user
`
`based upon the documents (e.g., webpage related to a product) attached to the current
`
`node (e.g., a product node) resulting from the navigation. See Exhibit B at 1(d).
`
`
`
`6
`
`
`
`Case 6:20-cv-00592-ADA Document 1 Filed 06/29/20 Page 7 of 9
`
`22.
`
`As recited in Claim 1 of the ‘617 Patent, the Accused Instrumentality
`
`practices following presentation of the at least one response (e.g., displaying at the user
`
`device), learning one or more associations between the unknown word (e.g., a word which
`
`is not a keyword such as “drsse”) and one or more keywords (e.g., keywords related to the
`
`product node) from the documents (e.g., webpage of a product) attached to the current
`
`node (e.g., a products node), such that a direct relationship is formed between the
`
`unknown word (e.g., a word which is not a keyword such as “drsse”) and the one or more
`
`keywords (e.g., keywords related to the products node). See Exhibit B at 1(e).
`
`23.
`
`The elements described in Paragraphs 17-22 are covered by at least Claim
`
`1 of the ‘617, for example. See Exhibit B.
`
`COUNT I:
`
`INFRINGEMENT OF THE ‘617 PATENT
`
`24.
`
`Plaintiff realleges and incorporates by reference all of the allegations set
`
`forth in the preceding Paragraphs.
`
`25.
`
` In violation of 35 U.S.C. §271, Defendant has directly or indirectly, either
`
`literally or under the doctrine of equivalents, infringed the ‘617 Patent.
`
`26.
`
`Defendant has had knowledge of infringement of the ‘617 Patent at least as
`
`of the service of the present Complaint.
`
`27.
`
` Defendant has directly infringed at least one claim of the ‘617 Patent by
`
`using, at least through internal testing or otherwise, the Accused Instrumentality
`
`without authority in the United States. As a direct and proximate result of Defendant’s
`
`infringement of the ‘617 Patent, Plaintiff has been damaged.
`
`28.
`
`By engaging in the conduct described herein, Defendant has injured
`
`
`
`7
`
`
`
`Case 6:20-cv-00592-ADA Document 1 Filed 06/29/20 Page 8 of 9
`
`Plaintiff and is thus liable for infringement of the ‘617 Patent, pursuant to 35 U.S.C.
`
`§271.
`
`29.
`
`Defendant has committed these acts of infringement without license or
`
`authorization.
`
`30.
`
`As a result of Defendant’s infringement of the ‘617 Patent, Plaintiff has
`
`suffered monetary damages and is entitled to a monetary judgment in an amount
`
`adequate to compensate for Defendant’s past infringement, together with interests and
`
`costs.
`
`31.
`
`Plaintiff reserves the right to modify its infringement theories as discovery
`
`progresses in this case; it shall not be estopped for infringement contention or claim
`
`construction purposes by the claim charts that it provides with this Complaint. The claim
`
`chart depicted in Exhibit B is intended to satisfy the notice requirements of Rule 8(a)(2)
`
`of the Federal Rule of Civil Procedure and does not represent Plaintiff’s preliminary or
`
`final infringement contentions or preliminary or final claim construction positions.
`
`DEMAND FOR JURY TRIAL
`
`32.
`
`Plaintiff demands a trial by jury of any and all causes of action.
`
`
`
`WHEREFORE, Plaintiff prays for the following relief:
`
`PRAYER FOR RELIEF
`
`a. That Defendant be adjudged to have directly or indirectly, literally and/or
`
`under the doctrine of equivalents, infringed the ‘617 Patent;
`
`b. An accounting of all infringing sales and damages including, but not limited
`
`to, those sales and damages not presented at trial;
`
`
`
`8
`
`
`
`Case 6:20-cv-00592-ADA Document 1 Filed 06/29/20 Page 9 of 9
`
`c. An award of damages pursuant to 35 U.S.C. §284 sufficient to compensate
`
`Plaintiff for the Defendant’s past infringement, including compensatory damages;
`
`d. An assessment of pre-judgment and post-judgment interest and costs against
`
`Defendant, together with an award of such interest and costs, in accordance with 35
`
`U.S.C. §284;
`
`e. That Defendant be directed to pay enhanced damages, including Plaintiff’s
`
`attorneys’ fees incurred in connection with this lawsuit pursuant to 35 U.S.C. §285; and
`
`f. That Plaintiff be granted such other and further relief as this Court may deem
`
`just and proper.
`
`
`Dated: June 29, 2020
`
`
`
`
`
`
`
`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
`
`ATTORNEYS FOR PLAINTIFF
`
`9
`
`
`
`
`
`
`
`