NobelBiz v. InsideSales.com

7/30/2019 NobelBiz v. InsideSales.com

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF TEXAS

TY LER DIVISION

NOBELBIZ, INC.

Plaintiff,

v.

INSIDESALES.COM, INC.,

Defendant.

Civil Action No. ________

J URY TRIAL DEMANDED

COMPLAINT

Plaintiff, NobelBiz, Inc. (NobelBiz), by and through its counsel, Capshaw DeRieux,

L.L.P. and Gibbons P.C., as for its Complaint against Defendant, InsideSales.com, Inc. (hereafter

referred to as Defendant), states as follows:

THE PARTIES

1. Plaintiff NobelBiz is a privately held company incorporated under the laws of theState of Delaware, and having its principal place of business at 5973 Avenida Encinas, Suite 202,

Carlsbad, California 92008. NobelBiz also has an office in Plano, Texas, within this District.

2. NobelBiz is a provider of innovative telecommunications solutions to call centersand collection agencies, among other clientele, worldwide, including within this District.

3. Defendant is a corporation organized and existing under the laws of the State ofUtah, having its principal place of business at 34 East 1700 South, Suite A113, Provo, Utah

84606.


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J URISDICTION AND VENUE

4. This is an action for patent infringement arising under the patent laws of theUnited States, Title 35 of the United States Code 1, et seq.

5. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a).

6. This Court has personal jurisdiction over Defendant because of Defendantscontinuous and systematic business contacts with the State of Texas.

7. Venue is appropriate in this district pursuant to 28 U.S.C. 1391(b) and (c),and/or 28 U.S.C. 1400(b).

NOBELBIZS PATENT

8. On March 13, 2012, the USPTO issued United States Patent No. 8,135,122 (the122 patent), entitled SYSTEM AND METHOD FOR MODIFYING COMMUNICATION

INFORMATION (MCI). A copy of the 122 patent is attached hereto as Exhibit A.

9. NobelBiz is the assignee of the 122 patent.10. By way of a general description, the 122 patent discloses a system for processing

a telephone call from a call originator (also referred to as a calling party) to a call target (also

referred to as a receiving party), where the system accesses a database storing outgoing

telephone numbers, selects a replacement telephone number from the outgoing telephone

numbers based on the telephone number of the call target, and originates an outbound call to the

call target with a modified outgoing caller identification (caller ID). See, e.g., 122 patent,

Abstract.

11. In practice, the invention of the 122 patent allows a calling party in onegeographical region to originate a call to a receiving party in another geographical region, and


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Click-to-Call, and other platforms. Hereinafter, Defendants local caller ID management

service is referred to as the InsideSales.com Service.

18. The InsideSales.com Service is a caller ID modifying service which, likeNobelBizs LocalTouch Service, is provided to call centers, commercial dialing operations,

and businesses that conduct outbound dialing.

19. The InsideSales.com Service claims to improve answer rates (e.g., dramaticallyimprove response rates by an average of 58%) because people are more likely to answer a call

from a local area.

20.

The InsideSales.com Service, based on the area code dialed (e.g., by a call

originator), specifies the caller ID seen by the recipient of that call (i.e., the receiving party).

21. The InsideSales.com Service modifies the caller ID for an outgoing telephonecall to appear as a local number (e.g., a number having the same area code and/or local area

code) to the recipient of that call.

22. Defendant can supply its clients with local and toll-free numbers (e.g., a blockof numbers or Presence Block) to transmit when placing outbound calls.

23. The InsideSales.com Service can, for example, automatically display to a callrecipient a local number selected from a block of numbers. The automatically displayed number

may be, for example, a local area code number selected from the block of numbers that is closest

to the call recipients location.

24. The caller ID displayed to the receiving party, if called, is a viable number thatwill be mapped back to the originating call center, or any other number the system user may

choose.


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25. Defendants InsideSales.com Service practices each and every element of one ormore of the claims of the 122 patent.

26. Upon information and belief, Defendant is knowingly and willfully, directly andindirectly infringing the 122 patent by offering to sell and selling its InsideSales.com Service in

the United States, including within this judicial district.

27. Upon information and belief, Defendant knew or should have known of the 122patent upon its issuance.

28. Upon information and belief, Defendants infringement of the 122 patent hasbeen and continues to be willful.

29. Defendant has disregarded and continues to disregard an objectively highlikelihood that its actions constitute infringement of the 122 patent. This objectively-defined

risk has been known or is so obvious that it should have been known to Defendant.

COUNT I PATENT INFRINGEMENT OF THE 122 PATENT

30. NobelBiz restates and incorporates by reference paragraphs 1 through 29 as ifstated fully herein.

31. In violation of 35 U.S.C. 271(a), Defendant has, literally and under thedoctrine of equivalents, infringed the 122 patent and still is, literally and under the doctrine of

equivalents, infringing the 122 patent, by, among other things, making, using, offering for

sale, and/or selling its InsideSales.com Service in the United States, and will continue to do so

unless such infringing activities are enjoined by this Court.

32. Upon information and belief, prior to this lawsuit, Defendant had knowledge orshould have known of the 122 patent upon its issuance.


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33. Nonetheless, in violation of 35 U.S.C. 271(b), Defendant knowingly inducedinfringement and possessed specific intent to encourage anothers infringement of one or more

claims of the 122 patent by, among other things, offering for sale, selling and/or by soliciting

end users to purchase and use its InsideSales.com Service in the United States, and will

continue to do so unless such infringing activities are enjoined by this Court.

34. Upon information and belief, in violation of 35 U.S.C. 271(c), Defendant hascontributorily infringed and continues to contributorily infringe, by selling and/or offering to

sell within the United States the InsideSales.com Service, which:

(a)

constitutes a material part of the invention of the 122 patent;

(b) is known by Defendant to be especially adapted for use in infringing the122 patent; and

(c) is not suitable for substantial noninfringing use.35. NobelBiz will be substantially and irreparably harmed if Defendants

infringement of the 122 patent is not enjoined. Plaintiffs do not have an adequate remedy at

law.

36. NobelBiz is entitled to recover from Defendant the damages sustained as aresult of Defendants infringing acts.

37. Plaintiff demands trial by jury of all issues so triable.


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PRAYER FOR RELIEF

Plaintiffs request that:

(a) Judgment be entered that Defendant has directly and indirectly infringedthe 122 patent;

(b) Judgment be entered that Defendants infringement of the 122 patent waswillful;

(c) An accounting be had for the damages resulting from Defendantsinfringement of the 122 patent, including, without limitation, lost profits caused by the

infringing activities of Defendant, and that the damages so ascertained be trebled and awarded

together with interest and costs plus expenses, and pre- and post-judgment interest;

(d) Judgment be entered that this is an exceptional case, and that NobelBiz isentitled to its reasonable attorney fees pursuant to 35 U.S.C. 285;

(e) A permanent injunction be issued, restraining and enjoining Defendant, itsofficers, agents, attorneys, and employees, and those acting in privity or concert with them, from

engaging in the commercial manufacture, use, offer for sale, or sale within the United States, or

importation into the United States, of systems claimed in the 122 patent; and

(f) The Court award such other and further relief as the Court may deem justand proper under the circumstances.


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DATED: April 25, 2013

NOBELBIZ, INC.

By: /s/ Elizabeth L. DeRieuxS. Calvin Capshaw, IIITexas Bar No. 03783900Elizabeth L DeRieuxTexas Bar No. 05770585D. J effrey RambinTexas Bar No. 00791478Capshaw DeRieux LLP114 E Commerce AvenueGladewater, TX 75647Phone: (903) 233-4816Facsimile: (903) 236-8787Email: [email protected]: [email protected]:[email protected]

Of Counsel:

Ralph A. DenglerNew York Bar No. 2796712GIBBONS P.C.One Gateway CenterNewark, NJ 07102Phone: (973) 596-4825Facsimile: (973) 639-6381Email: [email protected]

Andrew P. MacArthurNew York Bar No. 4573226William A. HectorNew York Bar No. 4825030GIBBONS P.C.One Pennsylvania Plaza, 37th FloorNew York, New York 10119Phone: (212) 613-2000Facsimile: (212) 290-2018Email: [email protected]

[email protected]

Attorneys for PlaintiffNobelBiz, Inc.

NobelBiz v. InsideSales.com

Documents

Transcript of NobelBiz v. InsideSales.com