Free Complaint - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
WALL CORPORATION, Plaintiff,
`,,

) ) ) ) ) ) COMPLAINT C.A. No. DEMAND FOR JURY TRIAL

BONDDESK GROUP, L.L.C.. AND BONDDESK TRADING. L.L.C.. Defendants.

Plaintiff Wall Corporation (::Plaintiff') brings this action for patent infringement against Defendants BondDesk Group, L.L.C. and BondDesk Trading, L.L.C. (collectively.

"Defendants"), and requests a jury on all issues so triable. Wall Corporation alleges as follows: 1. THE PARTIES 1. Plaintiff Wall Corporation is a Delaware corporation with a principal office. at 325

N. St. Paul Street, Suite 4450, Dallas, TX 75201. ?. Upon information, and belief Defendant BondDesk Group, L.L.C. is a Delaware

limited liability company having a principal place of business at One Lovell Avenue, Mill Valley, CA 94941. Upon information and belief, Defendant BondDesk Group, L.L.C. niay be served with process by serving its Registered Agent, Corporation Service Company. 2711 Centerville Road, Suite 400, Wilmington, DE 19808. 3. Upon information and belief, Defendant BondDesk Trading. L.L.C. is a Delaware

limited liability company having a principal place of business at a50 Madison Avenue, 21nd Floor, New York, NY 10017. Upon information and belief; Defendant BondDesk Trading.

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L.L.C. may be served with process by serving its Registered Agent, Corporation Service Company, 2711 Centerville Road. Suite 400, Wilmington, DE 19808. II. JURISDICTION AND VENUE 4. This action arises under the patent laws of the United States- Title 35 of the

United States Code. The Court's jurisdiction over this action is proper under the above statutes. including 35 U.S.C. §271 et seq. and 28 U.S.C. 5§ 1331 and 1338(a). 5. Personal jurisdiction exists over the Defendants because they are organized and

exist under the laws of the State of Delaware. Additionally, personal jurisdiction exists generally over the Defendants because they have sufficient mininnm contacts with the forruT1 as a rest4lt of' business conducted within the State of Delaware and ,vithin the District of Delaware. Personal jurisdiction also exists specifically over the Defendants because they practice the claimed invention of Plaintiffs patent and induce and contribute to others' acts of practicing the claimed invention of Plaintiff's patent. 6. Venue is proper in this Court under 28 U.S.C. §§1391(b) and (c), as well as 28

SU.S.C. 1400(b).

III. INFRINGEMENT OF U.S. PATENT NO. 7,231,363
7. Plaintiff repeats and re-alleges the allegations in Paragraphs 1 through 6 as though

frill}, set forth herein. 8. Plaintiff is the owner of all right, title, and interest in and under United States

Patent No. 7,231,363 ("the `363 Patent"), titled "Method and System for Re-brokering Orders in

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a Trading System," which was duly and legally issued on June 12, 2007. A true and correct copy of the '363 Patent is attached hereto as Exhibit A. 9. 10. The `363 Patent is valid and enforceable. Upon information and belief; Defendants acting individually or in concert have

been practicing in the United States. without authority, methods that fall within the scope of the claims of the '363 Patent by means of at least Defendants' BondDesk Alternative Trading System, Liaison Workstation, Trader Workstation, and Advisor Workstation. 11. By practicing in the United States, without authority, methods that fall within the

scope of the claims of the `363 Patent, Defendants acting individually or in concert among themselves or others have also induced infringement of the '363 Patent inkier 35 U.S.C. §271(b) and/or have contributed to the infringement of the '363 Patent under 35 U.S.C. §271(c). The infringing methods have no substantial non-infringing uses. 12. By importing into the United States, offering to sell, selling and or using within

the United States, without authority, a product made by the process of the '363 Patent. Defendants acting alone or in concert have infringed the '363 Patent under 35 U.S.C. §271(g). 13. Plaintiff
has

As a direct and proximate result of Defendants' acts of patent infringement. been
and continues to be inur ed and

h as

sustain ed and will continue to s u st a i n

substantial
14.

damages in an amount not presently

known.

Plaintiff has no adequate remedy at law against these acts of patent infringement.

Unless Defendants are permanently enjoined from their unlawfiil infringement of the `363 Patent, Plaintiff will stiffer irreparable harm.

15.

Upon information and belief. Defendants' infringement has been, and continues to

be, willful so as to warrant enhancement of damages awarded as a result of their- infringement.

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16.

Plaintiff has complied 35 U.S.C. §287.

IV. PRAYER FOR RELIEF 17. Plaintiff respectfully requests that judgment be entered in its favor and against the

Defendants and that the Court grants the following relief to the Plaintiff: a) and enforceable; b) C) infringement; d) the '363 Patent; e) Enter a permanent injunction against Defendants' active inducements of Enter a permanent injunction against Defendants' direct infringement of Declare that the Defendants are liable for infringement of the `363 Patent. Award damages to the Plaintiff to which it is entitled for patent Declare that the `363 Patent is exclusively owned by Plaintiff and is valid

the infringement and/or contributory infringements of the `363 Patent;

0

Award costs and reasonable attorneys ' fees incurred in connection with

this action pursuant to 35 U.S.C. §285; g) h) Award the Plaintiff damages; and Award any such other relief as the Court deers just and proper.

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V. JURY DEMAND In accordance with Federal Rules of Civil Procedure 38 and 39. Plaintiff asserts i ts rights under the Seventh Anlendment of the United States Constitution and demands a trial by jury on all issues. YOUNG CONAWAY STARGATT & TAYLOR, LLP

John W. Shaw (No. 3362) Karen E. Feller (No. 4489) The Brandywine Building 1000 West Street. 17t1' Floor Wilmington. Delaware 19801 (302) 571-6600 kkeller @ycst.corn flttvjnej's fvr Plaintiff' 'Vrr11 Corporation

OF COUNSEL:
Michael W. Shore, Esquire Alfonso Garcia Chan, Esquire Patrick Traister. Esquire SHORE CHAN BRAGALONE LLP 325 North Saint Paul Street Suite 4450 Dallas. Texas 75201 (214) 593-9110

Dated: December 26. 2007

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EXHIBIT A

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JS 44 (Rev 3199)

Case 1:07-cv-00844-GMS

Document 1-3 Filed 12/26/2007 CIVIL COVER SHEET

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The JS 44 civil cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by late, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1994, is required for the use ofthe Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 1. (a) PLAINTIFFS WALL CORPORATION
(b)

( DEFENDANT BONDDESK GROUP, L. L.C. and BONDDESK TRADING, L.L.C.
County Of Residence Of First Listed Defendant: (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED Attorneys (If Known)

County Of Residence. Of First Listed Plaintiff (Except In U.S. Plaintiff Cases) Dallas County, Texas Attorneys ( First; ?lame, Address , And Telephone Number)

(c)

John W. Shaw (No. 3362) Karen E. Keller (No. 4489) Young Conaway Stargatt & Taylor, LLP 1000 West Street, 171h Floor Wilmington, DE 19801 (302) 571-6600 11. BASIS OF JURISDICTION
u 1 U.S. Governmeni Plaintiff 0 2 U.S. Government Defendant 1@
(PLACE AN X IN ONE BOX ONLY)

111. CITIZENSHIP OF PRINCIPAL PARTIES (Place An X In One Box For PlainlifFAnd (For Diversity Cases Only) One Box For Defendant)
Citizen orThis State PTF DEF 1 01 Incorporated or Principal Place PTF DEF 04 0 4

3 Federal Question (U.S. Government Not a Parry) (Indicate Citizenship of Parties in Rent II)

El 4 Diversity

Citizen of Another State Citizen or Subject ofa Foreign Country

0202 0303

of Business in This State Incorporased and Principal Place orBusiness in This State Foreign Nation

05 05 o6 n6

V. NATURE OF SUIT
CONTRACT u 110 Insurance 0 120 Marine EI 130 Miller Act u 140 Negotiable Instrument u 150 Recovery of Overpayment & Enforcement ofrudgment u 151 Medicare Act
u 152 Recovery of Defaulted

(Place An X In One Box Only)

TORTS PERSONAL INJURY 0 310 Airplane u 315 Airptana Product Liability u 320 Assault, Libel C Slander u 330 Federal Employers Liabitity u 340 Marine u 345 Marine Product
Liability 0 350 Nfotar Vehicle

FORFEITURF.IPENALTY Q 610 Agriculture u 620 Other Food & Drug 12 625 Drug Related Stizurc of Properly 21 U.S.C. 861 D 630 Liquor Laws 13 640 R R & Truck 0 680 Airline Regs
u 660 Occupational

BANKRUPTCY u 422 Appeal 28 U.S C. 158 u 423 Withdrawal 28 U.S.C. 157 PROPERTY RIGHTS
10 820 Copyrights

OTHER STATUTES u 400 State Reapportionment u 410 Antitrust fO 430 Banks and Banking 0 450 CDmmerceACC Rates, etc· u 460 Deportation L'1470 Racketeer Influenced and
Corrupt Organizations

PERSONAL INJURY u 362 Personal Injury Nied Malpractice u 365 Personal InjuryProduct Liability u 368 Asbestos Personal InjuryProduct Liability PERSONAL ROPERTY
u 370 Other Fraud u 371 Truth in Lending

(Excl. Veterans) 0 153 Recnvtry of Ovcrpayment
of veteran's Benefits 0 160 Stockholders' Suits

Safctylf-tcalth Q 690 Other TABOR 0 710 Fair Labor Standards Act 0 720 I.aborlMgmt Relations D 730 Laborllsdgmi . Reporting & Disclosure Act u 740 R a il way L a b or A c t
n 790 Other Labor Litigation

® 830 Patent 0 640 Trademark SOCIAL SECURITY u 861 111A (139511) u 862 Black Lung (923) 0 863 DIWCJOl1Vw (405(8)) u 864 SSID Titlc XVI 10 865 RSI (405(8)) FEDERAL TAX SUITS

0 610 Selective Service 0 850 SecuritieslCemmeditiesl
Exchange u 875 Customer Challenge

ID 190 Other contract 0 195 Contract Product Liability

0 355 Motor Vch68t Product Liability u 360 Other Personal Injury

0 380 Othtr Personal Property Damage Q 385 Property Damage Product Liability PRISONER PETITIONS 0 S 10 M[nsians to Vacate Sentence
IIabeas Corpus

REAL PROPERTY 0 210 Land Condemnation 0 220 Foreclosure
u 230 Rent Lease & Ejectment

CIVIL RIGHTS 0 441 Voting u 442 Employment
C] 443 HqusineJ

12 U S.C. 3410 0 691 Agricultural Acls 0 892 Economic Stabilization Act 0 693 Environmental Matters u 894 Encrgy Allocation Act 0 895 Freedom of Information Act u 900 Appeal of Fee u 950 Constitutionality of
Dctermination Undcr E q ua l A ccess to J ust i ce

13 240 Torts to Land 0 245 Tan Product Liability 0 290 All Other Real Property

Accommodations CJ 444 Welfare D 440 Other Civil Rights

0 530 General t] S35 Death Penally 0 540 Mandamus & Other
0 550 Civil Rights u 555 P ri son C on diti on

u 791 Empl Ret Inc
Security Act

13 870 Taxes (U.S. Plaintirr
or Defendant ) fJ 871 IRS - Third Party

State Statutes u 890 Other Statutory Actions

26 U.S, C. 7609

IV. ORIGIN
El 1 Original Proceeding

(PLACE AN "X" IN ONE BOX ONLY)

Transferred from another district
u 2 Removed from Court u 3 Remanded from Appellate Court u 4 Reinstated or Reopened u 5 (specify) u 6 Multidistrict Litigation

Appeal to District Judge from
u 7 Magistrate Judgment

VI. CAUSE OF ACTION

(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE BRIEF STATEMENT OF CAUSE DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.):

35 U.S.C. §271 et seq.
Briefdeseription of cause: Patent Infringement.

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A UNDER F.R.C.P. 23

CLASS ACTION YES NO

DEMAND S

Check YES only ifdemnnded :ncomplaint JURY DEMAND: 0 YES NO

VIII. RELATED CASE(S) {See instructions) IF ANY

JUDGE:

DOCKET NUMBER:

DATE

December 26, 2007

SIGN

. RE OF ATTORNF T R `ff(^J

FOR OFFICE USE ONLY
RECEIPT ^AMOUNT

APPLYING IFP

JUDGE

N1AG- JUDGE

JS 44 Reverse (Rev 3199)

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL. COVER SHEET FORM JS44 Authority For Civil Cover Sheet
The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: 1. (a) Plaintiffs -Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is agovernment agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first die agency and then die official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved). (c) Attorneys. Enter firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)." II. Jurisdiction . The basis ofjurisdiction is set forth under Rule 8(a), F.R,C.P,, which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below, United States plaintiff. (1) Jurisdiction is based on 28 U_S.C. 1345 and 1348. Suits by agencies and officers of die United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies , place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States, In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box I or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
Ill. Residence ( citizenship ) of Principal Parties . This section of the JS44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. V.

Cause of Action, Report the civil statute directly related to the cause of action and give a brief description of the cause. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV above, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. Origin. Place an "X" in one of the seven boxes.

VI.

Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C. Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use die date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court, Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section H04(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (b) Check this box when a multidistrict case is transferred into die district under authority of title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above,

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate's decision. VII. Requested in Complaint, Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
Vil 1. Related Cases. This section of the JS44 is used to reference relating pending cases if any. If there are related pending cases, insert die docket numbers and the corresponding judge names for such cases. Date and Attorney Signature, Bate and sign the civil cover sheet.

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