jedi technologies v. zoosk

7/30/2019 Jedi Technologies v. Zoosk

1/6

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

RUSING LOPEZ & LIZARDI, P.L.L.C.Edward Moomjian II (AZ 016667)

[email protected] North Swan Road, Suite 151Tucson, AZ 85718(520) 792-4800Fax: (520) 529-4262

NIRO, HALLER & NIRORaymond P. Niro, Jr. (IL 6207468)

[email protected] E. Haan (IL 6296654)

[email protected] R. Ferri (IL 6303286)

[email protected] West Madison, Suite 4600Chicago, IL 60602-4515

(312) 236-0733Fax: (312) 236-3137Pro Hac Vice Applications Pending

Attorneys for Jedi Technologies, Inc.

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ARIZONA

Jedi Technologies, Inc., an Arizonacorporation,

Plaintiff,

v.

Zoosk, Inc., a Delaware corporation,

Defendant.

Case No.

COMPLAINT FOR PATENTINFRINGEMENT

JURY TRIAL DEMANDED

Plaintiff Jedi Technologies, Inc. complains of Defendant Zoosk, Inc. as follows:

NATURE OF CASE

1. This is a claim for patent infringement that arises under the patent laws ofthe United States, Title 35 of the United States Code. This Court has original jurisdiction

over the subject matter of this claim under 28 U.S.C. 1331 and 1338(a).


2/6

2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

PARTIES

2. Jedi Technologies, Inc. ("Jedi Technologies") is an Arizona corporation thathas a principal place of business at 11353 East Chuckwagon Circle, Tucson, Arizona,

85749. Jedi Technologies is a privately held technology company that is involved in the

research and development of social networking and associated Internet technologies.

3. Jedi Technologies owns and has standing to sue for infringement of UnitedStates Patent No. 8,417,729 B2 (the "'729 Patent"), entitled "System and Method for the

Automated Notification of Compatibility Between Real-Time Network Participants,"

which issued on April 9, 2013.

4. Jedi Technologies also owns and has standing to sue for infringement ofUnited States Patent No. 7,885,977 B2 (the "'977 Patent"), entitled "System and Method

for the Automated Notification of Compatibility Between Real-Time Network

Participants," which issued on February 8, 2011.

5. Defendant Zoosk, Inc. ("Zoosk") is a Delaware corporation that has aprincipal place of business at 989 Market Street, San Francisco, California 94103.

JURISDICTION AND VENUE

6. Zoosk owns and operates an interactive online dating service which itprovides via its website www.zoosk.com and related URLs, as well as via its Zoosk

Messenger desktop client and its Zoosk applications for iPhone, iPad, and Android

mobile devices.

7. Zoosk provides its interactive online dating service throughout the UnitedStates and conducts substantial business in this judicial district, including providing the

interactive online dating services, technologies and methods accused of infringement to

residents in this judicial district.
http://www.zoosk.com/http://www.zoosk.com/http://www.zoosk.com/


3/6

3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

8. Zoosk has provided and/or continues to provide its interactive online datingservice to numerous Zoosk members that are residents of Tucson, Arizona, including the

following exemplary Zoosk members: Amina, Ekeltra, Vanessa B, Juan, el feo, tuctown

bad boy, Cori 32, jwes, Tilis, and others.

9. Zoosk promotes the use of its interactive online dating service for "OnlineDating in Tucson."

10. Zoosk has solicited and/or continues to solicit paid subscriber membershipsto its website members, including residents of Tucson, Arizona, for $12.49 per month,

payable by Visa, Mastercard, Amex, or Diners Club, via its www.zoosk.com website

For at least this reason, Zoosk's online interaction with its members, including residents

of Tucson, Arizona, is commercial in nature.

11. Zoosk is doing business in this judicial district, has purposefully availeditself of the privilege of conducting business in this judicial district, thereby invoking its

benefits and protections, has established sufficient minimum contacts with the State of

Arizona such that it should reasonably and fairly anticipate being brought into court in

Arizona, and has purposefully reached out to and directed its activities at residents of

Arizona. The patent infringement claims alleged herein arise out of or result from one or

more of the foregoing activities.

12. Zoosk has specifically committed acts of infringement in this judicialdistrict and throughout the State of Arizona.

13. Venue is proper in this district under 28 U.S.C. 1391(b)-(d) and 1400(b).CLAIMS FOR PATENT INFRINGEMENT

COUNT I INFRINGEMENT OF U.S. PATENT NO. 8,417,729 B2

14. Paragraphs 1-13 are incorporated by reference.
http://www.zoosk.com/http://www.zoosk.com/http://www.zoosk.com/


4/6

4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

15. Zoosk has infringed and continues to infringe at least claim 26 of the '729Patent under 35 U.S.C. 271(a) by, among other activities, making, using and/or

conducting business through its interactive online dating service websitewww.zoosk.com

and its Zoosk Messenger client. Zoosk has expanded and continues to expand its

infringement of claim 26 of the '729 Patent to the mobile market by developing,

providing, serving and supporting its Zoosk application for iPhone, iPad, and Android

mobile devices.

16. To the extent required by law, Jedi Technologies has complied with theprovisions of 35 U.S.C. 287 with respect to the '729 Patent.

17. The acts of infringement of the '729 Patent by Zoosk have injured JediTechnologies, and Jedi Technologies is entitled to recover damages adequate to

compensate it for such infringement from Zoosk, but, in no event less than a reasonable

royalty. Further, the acts of infringement of the '729 Patent by Zoosk have injured and

will continue to injure Jedi Technologies unless and until this Court enters an injunction

prohibiting further infringement of the '729 Patent.

COUNT II INFRINGEMENT OF U.S. PATENT NO. 7,885,977 B2

18. Paragraphs 1-13 are incorporated by reference.19. Zoosk has infringed and continues to infringe at least claim 1 of the '977

Patent under 35 U.S.C. 271(a) by, among other activities, making, using and/or

conducting business through its interactive online dating service websitewww.zoosk.com

and its Zoosk Messenger client. Zoosk has expanded and continues to expand its

infringement of claim 1 of the '977 Patent to the mobile market by developing, providing

serving and supporting its Zoosk application for iPhone, iPad, and Android mobile

devices.
http://www.zoosk.com/http://www.zoosk.com/http://www.zoosk.com/http://www.zoosk.com/http://www.zoosk.com/http://www.zoosk.com/


5/6

5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

20. To the extent required by law, Jedi Technologies has complied with theprovisions of 35 U.S.C. 287 with respect to the '977 Patent.

21. The acts of infringement of the '977 Patent by Zoosk have injured JediTechnologies, and Jedi Technologies is entitled to recover damages adequate to

compensate it for such infringement from Zoosk, but, in no event less than a reasonable

royalty. Further, the acts of infringement of the '977 Patent by Zoosk have injured and

will continue to injure Jedi Technologies unless and until this Court enters an injunction

prohibiting further infringement of the '977 Patent.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Jedi Technologies respectfully asks this Court to enter

judgment against Defendant Zoosk, Inc. and against its subsidiaries, successors, parents

affiliates, officers, directors, agents, servants, employees, and all persons in active

concert or participation with them, granting the following relief:

a. The entry of judgment in favor of Jedi Technologies and against Zoosk;b. An award of damages adequate to compensate Jedi Technologies for the

infringement that has occurred, but in no event less than a reasonable

royalty as permitted by 35 U.S.C. 284, together with prejudgment interest

from the date the infringement began;

c. A finding that this case is exceptional and an award to Jedi Technologies ofits reasonable attorneys' fees and costs as provided by 35 U.S.C. 285;

d. A permanent injunction prohibiting further infringement of the '729 and'977 Patents; and

e. Such other relief that Jedi Technologies is entitled to under law, and anyother and further relief that this Court or a jury may deem just and proper.


6/6

6

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

JURY DEMAND

Jedi Technologies demands a trial by jury on all issues presented in this

Complaint.

Respectfully submitted this 23rdday of May, 2013.

s/ Edward Moomjian IIRUSING LOPEZ & LIZARDI, P.L.L.C.Edward Moomjian II

(AZ 016667)[email protected]

NIRO, HALLER & NIRORaymond P. Niro, Jr. (IL 6207468)

[email protected] E. Haan (IL 6296654)[email protected]

Daniel R. Ferri (IL 6303286)[email protected]

Pro Hac Vice Applications Pending

Attorne s for Jedi Technolo ies, Inc.

M:\DOCS\500045\001\PLDGS\2296969.DOCX

jedi technologies v. zoosk

Documents