vacation exchange v. interval international

7/31/2019 Vacation Exchange v. Interval International

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Case 2:12-cv-04230-CAS-FFM Document 1 Filed 05/15/12 Page 1 of 35 Page ID #:4


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COMPLAINT

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JURISDICTION AND VENUE

3. This is a civil action for patent infringement arising under the Patent Act the United States, 35 U.S.C. 1 et seq. This court has subject matter jurisdiction of su

federal question claims pursuant to 28 U.S.C. 1331 and 1338(a).

4. Venue is proper under 28 U.S.C. 1391(b), 1391(c) and 1400(b) in that tacts and transactions complained of herein were conceived, carried out, made effective, a

had effect within the State of California and within this district, among other plac

Defendant resides in this judicial district by virtue of its business activities in this distri

have committed acts of infringement in this judicial district, or have committed acts

contributory infringement and inducement of infringement within this judicial district.

VACATION EXCHANGES PATENT-IN-SUIT

5. On July 20, 1999, the United States Patent & Trademark Office duly andlegally issued United States Letters Patent No. 5,926,793 (the 793 Patent), entitled

Digital-Timeshare-Exchange.

6. The 793 patent claims, among other things, a computer-based exchangesystem for trading vacation timeshare interests. This invention allows for users to remote

and electronically communicate with a timeshare exchange database to trade timeshare

interests in vacation properties.

7. The 793 Patent is owned by Vacation Exchange, LLC.FIRST CLAIM FOR RELIEF

AGAINST DEFENDANT FOR DIRECT, CONTRIBUTORY AND INDUCING

INFRINGEMENT OF U.S. PATENT NO. 5,926,793

8. Plaintiff incorporates herein by reference the allegations set forth paragraphs 1-7 of the Complaint as though fully set forth herein.

9. A true and correct copy of the 793 Patent is attached as Exhibit A aincorporated herein by reference.

10. On information and belief, Defendant Interval has been and now is infringithe 793 patent in the State of California, in this judicial district, and elsewhere in t



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COMPLAINT

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United States by providing its electronic exchange system(s) for trading timeshare intere

in vacation properties to at least its U.S. customers over the Internet, including its Depo

First exchange system.

11. By making, using, selling, and offering for sale such systems, and all liproducts and related services that are covered by one or more claims of the 793 pate

Defendant Interval has infringed and continues to infringe the 793 Patent, includi

infringement under 35 U.S.C. 271.

12. On information and belief, Defendant will continue to infringe the 793 Pateunless enjoined by this Court.

13. As a direct and proximate result of Defendants infringement of the 7Patent, Vacation Exchange has been and continues to be damaged in an amount yet to

determined.

14. Unless a preliminary and permanent injunction are issued enjoiniDefendant and its officers, agents, servants and employees, and all others acting on th

behalf or in concert with Defendant, from infringing the 793 Patent, Vacation Exchang

will be greatly and irreparably harmed.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Vacation Exchange, LLC prays for judgment agai

Defendant as follows:

(1) For a judicial determination and declaration that Defendant has infringed, acontinues to infringe, United States Letters Patent No. 5,926,793;

(2) For a judicial determination and decree that Defendant, its respectisubsidiaries, officers, agents, servants, employees, licensees, and all other persons

entities acting or attempting to act in active concert or participation with it or acting on

behalf, be preliminarily and permanently enjoined from further infringement of the 7

Patent;

(3) For a declaration that Defendant notify all of its customers, vendors and useof the infringing system and customers participation in the infringement with Defendan



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encouragement, and that Defendant encourage its customers, vendors and users to cease

such infringing actions;

(4) For a judicial decree that orders Defendant to account for and pay to VacatiExchange, LLC all damages caused to Vacation Exchange, LLC by reason of Defendan

infringement pursuant to 35 U.S.C. Section 284, including enhanced damages under

U.S.C. Section 285;

(5) For an award of damages according to proof at trial;(6) For a judicial order awarding to Vacation Exchange, LLC pre-judgment and

post-judgment interest on the damages caused to it by Defendants infringement; and

(7) For any such other and further relief as the Court may deem just and proper

under the circumstances.

Dated: May 15, 2012 ONE LLP

By:

Joseph K. Liu, Esq.

Attorneys for Plaintiff,

Vacation Exchange, LLC



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DEMAND FOR JURY TRIAL

Plaintiff Vacation Exchange, LLC hereby demands trial by jury in this action.

Dated: May 15, 2012 ONE LLP

By:

Joseph K. Liu, Esq.

Attorneys for Plaintiff,

Vacation Exchange, LLC



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EXHIBIT A



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vacation exchange v. interval international

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