Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 1 of 15
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`LINFO IP, LLC,
`
`Plaintiff,
`
`
`
`
`
`
`v.
`
`
`
`
`CVS PHARMACY, INC.,
`
`Defendant.
`
`
`
`
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Linfo IP, LLC (“Linfo”) files this Original Complaint and demand for jury trial seeking
`
`Civil Action No. 6:21-cv-01074
`
`JURY TRIAL DEMANDED
`
`relief from patent infringement of the claims of 9,092,428 (“the ‘428 patent”) (referred to as the
`
`“Patent-in-Suit”) by CVS Pharmacy, Inc. (“CVS”).
`
`I.
`
`THE PARTIES
`
`
`
`1. Plaintiff Linfo is a Texas Limited Liability Company with its principal place of business
`
`located in Travis County, Texas.
`
`2.
`
`On information and belief, CVS is a corporation existing under the laws of the State
`
`of Delaware, with a regular and established place of business located at 820 S.5Th Street Waco,
`
`TX 76706. On information and belief, CVS sells and offers to sell products and services
`
`throughout Texas, including in this judicial district, and introduces products and services that
`
`perform infringing methods or processes into the stream of commerce knowing that they would
`
`be sold in Texas and this judicial district. CVS may be served through its registered agent C T
`
`Corporation System 1999 Bryan St., Ste. 900, Dallas, TX 75201 or anywhere thay may be
`
`found.
`
`II.
`
`
`
`
`
`JURISDICTION AND VENUE
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
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`)
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`
`
`LINFO IP, LLC,
`
`Plaintiff,
`
`
`
`
`
`
`v.
`
`
`
`
`CVS PHARMACY, INC.,
`
`Defendant.
`
`
`
`
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Linfo IP, LLC (“Linfo”) files this Original Complaint and demand for jury trial seeking
`
`Civil Action No. 6:21-cv-01074
`
`JURY TRIAL DEMANDED
`
`relief from patent infringement of the claims of 9,092,428 (“the ‘428 patent”) (referred to as the
`
`“Patent-in-Suit”) by CVS Pharmacy, Inc. (“CVS”).
`
`I.
`
`THE PARTIES
`
`
`
`1. Plaintiff Linfo is a Texas Limited Liability Company with its principal place of business
`
`located in Travis County, Texas.
`
`2.
`
`On information and belief, CVS is a corporation existing under the laws of the State
`
`of Delaware, with a regular and established place of business located at 820 S.5Th Street Waco,
`
`TX 76706. On information and belief, CVS sells and offers to sell products and services
`
`throughout Texas, including in this judicial district, and introduces products and services that
`
`perform infringing methods or processes into the stream of commerce knowing that they would
`
`be sold in Texas and this judicial district. CVS may be served through its registered agent C T
`
`Corporation System 1999 Bryan St., Ste. 900, Dallas, TX 75201 or anywhere thay may be
`
`found.
`
`II.
`
`
`
`
`
`JURISDICTION AND VENUE
`
`1
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 2 of 15
`
`
`
`3. This Court has original subject-matter jurisdiction over the entire action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a) because Plaintiff’s claim arises under an Act of Congress relating to
`
`patents, namely, 35 U.S.C. § 271.
`
`4. This Court has personal jurisdiction over Defendant because: (i) Defendant is present
`
`within or has minimum contacts within the State of Texas and this judicial district; (ii) Defendant
`
`has purposefully availed itself of the privileges of conducting business in the State of Texas and
`
`in this judicial district; and (iii) Plaintiff’s cause of action arises directly from Defendant’s business
`
`contacts and other activities in the State of Texas and in this judicial district.
`
`5. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and 1400(b). Defendant has
`
`committed acts of infringement and has a regular and established place of business in this District.
`
`Further, venue is proper because Defendant conducts substantial business in this forum, directly
`
`or through intermediaries, including: (i) at least a portion of the infringements alleged herein; and
`
`(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 Texas and this
`
`District.
`
`III.
`
`INFRINGEMENT
`
`
`
`A. Infringement of the ‘428 Patent
`
`6. On September 20, 2016, U.S. Patent No. 9,092,428 (“the ‘428 patent”, attached as Exhibit
`
`A) entitled “System, methods and user interface for discovering and presenting information in text
`
`content” was duly and legally issued by the U.S. Patent and Trademark Office. Linfo IP, LLC
`
`owns the ‘428 patent by assignment.
`
`
`
`
`
`2
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 3 of 15
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`7. The ‘428 patent relates to a novel and improved methods and apparatuses for conducting
`
`electronic commerce.
`
`8. CVS maintains, operates, and administers systems that facilitate discovering and
`
`presenting information in text content with different view formats that infringes one or more claims
`
`of the ‘428 patent, including one or more of claims 1-20, literally or under the doctrine of
`
`equivalents. Defendant put the inventions claimed by the ‘428 Patent into service (i.e., used them);
`
`but for Defendant’s actions, the claimed-inventions embodiments involving Defendant’s products
`
`and services would never have been put into service. Defendant’s acts complained of herein
`
`caused those claimed-invention embodiments as a whole to perform, and Defendant’s procurement
`
`of monetary and commercial benefit from it.
`
`9. Support for the allegations of infringement may be found in the following preliminary
`
`table:
`
`
`
`
`
`
`
`3
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 4 of 15
`Document 1 Filed 10/15/21 Page 4 of 15
`Case 6:21-cv-01074-ADA
`
`For Example: CVS’s web site has an
`interactive product review section that
`allows customersto filter reviews from
`high to low.
`
`1. A computer-
`assisted method for
`discovering
`information in a text
`content and extracting
`and presenting the
`information,
`comprising:
`
`Customer reviews*
`
`Itching and Discomfort Relief - CVS Pharmac
`
`PCr Bela
`
`See all reviews (15)
`
`ok
`4k o_
`
`a *
`
`it
`
`Average rating
`4.9 Kkkkkk
`15 reviews
`100% would recommend
`
`Sort by
`
`Ratings
`All ratings
`
`PREPARATION H Hemorrhoid Symptom Treatment Suppositories, Burning,
`
`
`
`
`
`4
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 5 of 15
`Case 6:21-cv-01074-ADA Document1 Filed 10/15/21 Page 5 of 15
`
`For Example: The customer clicks on
`the review for PREPARATION H
`Hemorrhoid Symptom Treatment
`Suppositories on the CVS website and
`5-star, 4-star, 3-star 2-star and 1-star
`
`text reviews pop up.
`
`32 (80%)
`A (10%)
`3 (8%)
`0 (0%)
`1 (3%)
`
`obtaining, by a
`computer system,a
`text content
`ead one or
`more words or
`phrases or sentences,
`.
`each being a term or
`an instance of a term;
`
`
`
`PREPARATION H Hemorrhoid Symptom Treatment Suppositories, Burning, Itching and Discomfort Relief - CVS Pharmacy
`
`
`
`
`
`5
`
`
`
`
`
`attribute or the
`
`second semantic
`
`attribute includes an
`
`attribute type or
`attribute value;
`
`and Discomfort Relief- CVS Pharmac
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 6 of 15
`Case 6:21-cv-01074-ADA Document1 Filed 10/15/21 Page 6 of 15
`
`selecting a first
`semantic attribute and
`
`a second semantic
`
`attribute for users to
`
`select from, wherein
`the first semantic
`
`For Example: The customer can select
`a first semantic attribute (high rating
`which is a 5-star attribute value) anda
`second semantic attribute (low rating
`which is a 1-star attribute value).
`
`Ratings
`
`All ratings
`
`All ratings
`
`4 stars
`
`3 stars
`
`f a
`pe
`
`2 3tars
`
`PREPARATION H Hemorrhoid Symptom Treatment Suppositories, Burning,
`
`Itching
`
`
`
`
`
`6
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 7 of 15
`Case 6:21-cv-01074-ADA Document1 Filed 10/15/21 Page 7 of 15
`
`For Example: The customer can select
`a first semantic attribute (high rating
`which is a 5-star attribute value) and a
`second semantic attribute (low rating
`which is a 1-star attribute value).
`
`wherein the first
`semantic attribute is
`associated with a first
`name or description,
`and the second
`semantic attribute is
`
`associated with a
`
`second name or
`
`description;
`
`
`
`.0
`
`o0
`
`4.9 wKKKK *
`
`15 reviews
`
`100% would recommend
`
`Sort by
`
`Newest to oldest
`
`2%
`i*
`
`Ratings
`
`All ratings
`
`All ratings
`
`and Discomfort Relief- CVS Pharmac
`
`EO
`
`Life saving.!
`
`clale
`
`3 stars
`
`| bought these a month and a half ay 2 stars
`relief | have had in a year.!
`It stoppet
`1 star
`McVIOre
`Read
`
`! had nterna hem
`f surprises me beca
`
`PREPARATION H Hemorrhoid Symptom Treatment Suppositories, Burning,
`
`Itching
`
`
`
`
`
`7
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 8 of 15
`Case 6:21-cv-01074-ADA Document1 Filed 10/15/21 Page 8 of 15
`
`
`
`wherein the first
`semantic attribute is
`associated with a first
`name or description,
`and the second
`semantic attribute is
`
`associated with a
`
`second name or
`
`description;
`
`Customer reviews*
`
`For Example: The customer can select
`a first semantic attribute (high rating
`which is a 5-star attribute value) and a
`second semantic attribute (low rating
`which is a 1-star attribute value).
`
`c. EE
`
`Seeall reviews (15)
`
`;
`
`(
`
`Itching and Discomfort Relief - CVS Pharmac
`
`Mengeraing
`took
`4.9 15 reviews
`
`i2
`
`*
`
`Sort by
`Lowest fo highest rating \“
`
`Ratings
`
`Ages
`
`Gender
`Showall
`
`PREPARATION H Hemorrhoid Symptom Treatment Suppositories, Burning,
`
`
`
`
`
`8
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 9 of 15
`Case 6:21-cv-01074-ADA Document1 Filed 10/15/21 Page 9 of 15
`
`For Example: The customer can select
`a first semantic attribute (high rating
`which is a 5-star attribute value).
`
`identifying a words or
`phrases in the text
`content associated
`with the first semantic
`
`attribute or the
`
`second semantic
`
`attribute;
`
`
`
`and Discomfort Relief - CVS Pharmac:
`
`Averagerating
`
`4.9 kKkkekk
`
`15 reviews
`
`100% would recommend
`
`Sort by
`
`Newest to oldest
`
`Cee
`
`Life saving.!
`
`Ratings
`
`All ratings
`
`All ratings
`
`Stas
`
`are
`
`3 stars
`
`| bought these a month and a half a > stars
`relief | have had in a year.!
`It stopper
`1 star
`Read More
`
`| had internal hems
`f surprises me beca
`
`PREPARATION H Hemorrhoid Symptom Treatment Suppositories, Burning,
`
`Itching
`
`
`
`
`
`9
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 10 of 15
`Case 6:21-cv-01074-ADA Document1 Filed 10/15/21 Page 10 of 15
`
`For Example: The customer can select
`a first semantic attribute (high rating
`which is a 5-star attribute value) that is
`displayed on the actionable user
`interface object.
`
`
`
`displaying an
`actionable user
`interface object,
`wherein the
`actionable user
`interface object is
`associated with a label
`
`representing the first
`name or description
`or the second name or
`
`and Discomfort Relief - CVS Pharmac:
`
`description;
`
`Average rating
`
`4.9 kkkkk
`
`15 reviews
`
`100% would recommend
`
`Sort by
`
`Newest to oldest
`
`Ratings
`
`All ratings
`
`All ratings
`
`Ages
`
`All ages
`
`tot tk
`
`Life saving-!
`
`By Risetipon bajo even
`
`relief | have had in 4 year.!
`oe
`
`4 stars
`
`3 stars
`a 45
`It stopspec
`
`1 star
`
`ad internal hemd
`@irprises mé beca
`
`f
`
`PREPARATION H Hemorrhoid Symptom Treatment Suppositories, Burning,
`
`Itching
`
`
`
`
`
`10
`10
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 11 of 15
`Case 6:21-cv-01074-ADA Document1 Filed 10/15/21 Page 11 of 15
`
`For Example: The customer can select
`a first semantic attribute (high rating
`which is a 5-star attribute value) with
`the drop-down arrow,as a user-
`specified or user-desired attribute.
`
`allowing the user to
`select the first name
`or description or the
`second name or
`description as a user-
`specified or user-
`desired attribute;
`
`
`
`Average rating
`
`4.9 kkkkk
`
`15 reviews
`
`100% would recommend
`
`and Discomfort Relief - CVS Pharmac:
`
`Sort by
`
`Newest to oldest
`
`ok tok
`
`Life saving-!
`
`Ratings
`
`All ratings
`
`All ratings
`
`4 stars
`
`3 stars
`12/6/2020
`By RiseUp on
`| bought these amonth andahaa 5
`relief | have had in 4 year.!
`It stopspec
`
`pd internal hem<
`@irprises mé beca
`
`f
`
`PREPARATION H Hemorrhoid Symptom Treatment Suppositories, Burning,
`
`Itching
`
`
`
`
`
`11
`11
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 12 of 15
`Case 6:21-cv-01074-ADA Document1 Filed 10/15/21 Page 12 of 15
`
`For Example: The customer can perform an
`action on the word “High Rating” which isa
`user specified semantic attribute (high rating or
`5-star attribute value), with the drop-down
`arrow. as a user-specified or user-desired
`attribute; and the 5-Star reviews will be
`extracted and will pop up on the display.
`
`Customer reviews*
`
`Average rating
`
`15 reviews
`4 9 kkkik
`100% would recommend
`
`
`
`
`
`
`\d a naif ago and I'm so grateful that| did.! | had internal hemorrcids and it hurt to go anditchreally bad after EVERY bowel movement. After buying these I have had beyond
`ped hurting when I go and that
`ittelf curp:ices me becauseof the relef ( haven't had
`
`PREPARATION H Hemorrhoid Symptom Treatment Suppositories, Burning, Itching and Discomfort Relief - CVS Pharmacy
`
`and
`
`performing, by
`the computer
`system, an
`action on the
`
`word or phrase
`associated
`
`with the user-
`
`specified or
`user-desired
`
`semantic
`
`attribute,
`wherein the
`
`action includes
`
`at least
`
`extracting,
`displaying,
`storing,
`showing or
`hiding, or
`highlighting or
`un-highlighting
`the word or
`
`phrase.
`
`
`
`
`
`12
`12
`
`
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 13 of 15
`
`These allegations of infringement are preliminary and are therefore subject to change.
`
`10. CVS has and continues to induce infringement. CVS has actively encouraged or instructed
`
`others (e.g., its customers and/or the customers of its related companies), and continues to
`
`do so, on how to use its products and services (e.g., discovering and presenting information
`
`in text content with different view formats) such as to cause infringement of one or more
`
`of claims 1–20 of the ‘428 patent, literally or under the doctrine of equivalents. Moreover,
`
`CVS has known of the ‘428 patent and the technology underlying it from at least the date
`
`of issuance of the patent and from the date of the filing of the lawsuit.
`
`11. CVS has and continues to contributorily infringe. CVS has actively encouraged or
`
`instructed others (e.g., its customers and/or the customers of its related companies), and
`
`continues to do so, on how to use its products and services (e.g., discovering and presenting
`
`information in text content with different view formats) and related services such as to
`
`cause infringement of one or more of claims 1–20 of the ‘428 patent, literally or under the
`
`doctrine of equivalents. Moreover, CVS has known of the ‘428 patent and the technology
`
`underlying it from at least the date of issuance of the patent and from the date of the filing
`
`of the lawsuit.
`
`12. CVS has caused and will continue to cause LINFO damage by direct and indirect
`
`infringement of (including inducing infringement of) the claims of the ‘428 patent.
`
`JURY DEMAND
`
`IV.
`
`LINFO hereby requests a trial by jury on issues so triable by right.
`
`V.
`
`
`
`PRAYER FOR RELIEF
`
`13
`
`
`
`
`
`
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 14 of 15
`
`WHEREFORE, LINFO prays for relief as follows:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`enter judgment that Defendant has infringed the claims of the ‘428 patent;
`
`award LINFO damages in an amount sufficient to compensate it for Defendant’s
`
`infringement of the ‘428 patent in an amount no less than a reasonable royalty or lost
`
`profits, together with pre-judgment and post-judgment interest and costs under 35 U.S.C.
`
`§ 284;
`
`award LINFO an accounting for acts of infringement not presented at trial and an award
`
`by the Court of additional damage for any such acts of infringement;
`
`declare this case to be “exceptional” under 35 U.S.C. § 285 and award LINFO its attorneys’
`
`fees, expenses, and costs incurred in this action;
`
`declare Defendant’s infringement to be willful and treble the damages, including attorneys’
`
`fees, expenses, and costs incurred in this action and an increase in the damage award
`
`pursuant to 35 U.S.C. § 284;
`
`a decree addressing future infringement that either (i) awards a permanent injunction
`
`enjoining Defendant and its agents, servants, employees, affiliates, divisions, and
`
`subsidiaries, and those in association with Defendant from infringing the claims of the
`
`Patents-in-Suit, or (ii) awards damages for future infringement in lieu of an injunction in
`
`an amount consistent with the fact that for future infringement the Defendant will be an
`
`adjudicated infringer of a valid patent, and trebles that amount in view of the fact that the
`
`future infringement will be willful as a matter of law; and
`
`g.
`
`award LINFO such other and further relief as this Court deems just and proper.
`
`
`
`
`
`
`
`
`
`14
`
`
`
`Case 6:21-cv-01074-ADA Document 1 Filed 10/15/21 Page 15 of 15
`
`Respectfully submitted,
`
`Ramey & Schwaller, LLP
`
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`William P. Ramey, III
`Texas State Bar No. 24027643
`5020 Montrose Blvd., Suite 800
`Houston, Texas 77006
`(713) 426-3923 (telephone)
`(832) 900-4941 (fax)
`wramey@rameyfirm.com
`
`Attorneys for LINFO IP, LLC
`
`15
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