Allstate Insurance Company v. Nationwide Mutual Insurance Company et. al.

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Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-03609: Allstate Insurance Company v. Nationwide Mutual Insurance Company et. al. Filed in U.S. District Court for the Northern District of Illinois, no judge yet assigned. See http://news.priorsmart.com/-l5ZG for more info.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION _____________________________________________ ) Allstate Insurance Company, ) ) Civil Action No. Plaintiff, ) ) v. ) Jury Trial Demanded ) Nationwide Mutual Insurance Company, ) Nationwide Mutual Fire Insurance Company, ) Nationwide General Insurance Company, and ) Nationwide Insurance Company of America, ) ) Defendants. ) _____________________________________________) COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, Allstate Insurance Company (“Allstate”), by and through its attorneys, hereby demands a jury trial and complains of Defendants, Nationwide Mutual Insurance Company, Nationwide Mutual Fire Insurance Company, Nationwide General Insurance Company, and Nationwide Insurance Company of America (collectively, “Nationwide”) as follows: NATURE OF THE ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. §§ 1, et seq., to enjoin infringement and obtain damages resulting from Nationwide’s infringement of one or more claims of United States Patent No. 8,046,246 (“the ‘246 patent”) based on activities related at least to Nationwide’s insurance products that provide reductions over time in the deductible, such as those sold to customers under the name Vanishing Deductible®, or, alternatively, “Diminishing Deductible.” Allstate seeks injunctive relief to prevent Nationwide from continuing to infringe Allstate’s ‘246 patent. In addition, Allstate

seeks a recovery of monetary damages resulting from Nationwide’s past infringement of Allstate’s ‘246 patent. THE PARTIES 2. Plaintiff Allstate is a corporation organized and existing under the laws of the

State of Delaware and has its principal place of business within this district at 2775 Sanders Rd., Northbrook, IL 60062. 3. Upon information and belief, Defendant Nationwide Mutual Insurance Company

is a corporation organized and existing under the laws of the State of Ohio, with a place of business at One Nationwide Plaza, Columbus, OH, 43215. 4. Upon information and belief, Defendant Nationwide Mutual Fire Insurance

Company is a corporation organized and existing under the laws of the State of Ohio, with a place of business at One Nationwide Plaza, Columbus, OH, 43215. 5. Upon information and belief, Defendant Nationwide General Insurance Company

is a corporation organized and existing under the laws of the State of Ohio, with a place of business at One Nationwide Plaza, Columbus, OH, 43215. 6. Upon information and belief, Defendant Nationwide Insurance Company of

America is a corporation organized and existing under the laws of the State of Wisconsin, with a place of business at One Nationwide Plaza, Columbus, OH, 43215. JURISDICTION AND VENUE 7. This action is for patent infringement under the patent laws of the United States,

35 U.S.C. § 1 et seq. 8. This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C.

§§ 1331 and 1338(a). 2

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Upon information and belief, this Court has personal jurisdiction over Nationwide

because Nationwide regularly transacts business in this judicial district by, among other things, offering its products and services to customers located in this judicial district. In addition, upon information and belief, Nationwide has committed acts of direct patent infringement, contributory patent infringement, and/or inducement of patent infringement of one or more of the claims of the ‘246 patent in this judicial district. 10. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c), and

1400(b). Upon information and belief, Nationwide resides in this district and has committed acts of patent infringement of one or more claims of the ‘246 patent in this district. GENERAL ALLEGATIONS 11. On October 25, 2011, the United States Patent and Trademark Office duly and

legally issued the ‘246 patent to Floyd M. Yager and Thomas J. Wilson, who assigned to Allstate the entire right, title, and interest to the ‘246 patent. Allstate is the owner by assignment of the ‘246 patent. A true and correct copy of the ‘246 patent is attached as Exhibit A. 12. Allstate is also the owner by assignment of a number of pending patent

applications related to the ‘246 patent. Allstate may seek leave to add one or more additional patents to this action that mature from these patent applications. COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,046,246 13. Allstate incorporates by reference the allegations set forth in paragraphs 1 through

12 as though fully set forth herein. 14. On information and belief, Nationwide has been infringing and continues to

infringe the ‘246 patent by making, using, offering to sell, and/or selling in the United States, and/or importing into the United States, products, methods, processes, services, and/or systems 3

that are covered by one or more claims of the ‘246 patent, including, but not limited to, activities related to Nationwide’s insurance products that provide reductions over time in the deductible, such as those sold to customers under the name Vanishing Deductible®, or, alternatively, “Diminishing Deductible.” 15. On information and belief, Nationwide has also been inducing and contributing

to, and continues to induce and contribute to, infringement of the ‘246 patent in violation of 35 U.S.C. §§ 271(b) and (c), by acts that include, but are not limited to, providing Nationwide agents with information and equipment that is used to process applications and/or renewals related to insurance coverage by methods, processes, services, and/or systems covered by one or more claims of the ‘246 patent. 16. 17. Allstate has been damaged by Nationwide’s infringement. Furthermore, Nationwide’s acts of infringement have been without express or

implied license by Allstate, are in violation of Allstate’s rights, and will continue unless enjoined by this Court. 18. Allstate has been and will continue to be irreparably harmed by Nationwide’s

infringement of the ‘246 patent. 19. Upon information and belief, Nationwide’s acts of infringement have been or will

be undertaken with knowledge of the ‘246 patent. Such acts constitute willful infringement and make this case exceptional pursuant to 35 U.S.C. §§ 284 and 285, and entitle Allstate to enhanced damages and reasonable attorneys’ fees. JURY DEMAND 20. Trial by jury is hereby demanded.

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RELIEF SOUGHT WHEREFORE, Allstate prays: A. patent; B. For injunctive relief against further infringement of the ‘246 patent by For this Court to adjudge and decree that Nationwide has infringed the ‘246

Nationwide, its officers, agents, servants, employees, attorneys, and all those persons in active concert or participation with any one or more of them; C. For an award of damages to compensate Allstate for the infringement of the ‘246

patent, together with pre-judgment and post-judgment interest; D. For an award of enhanced damages up to three times the amount found or

assessed based on Nationwide’s willful infringement, pursuant to 35 U.S.C. §284; E. For this Court to declare this case exceptional and direct Nationwide to pay

Allstate’s attorneys’ fees incurred in connection with this lawsuit pursuant to 35 U.S.C. § 285; F. G. That Allstate be awarded its fees and costs; and For all such other and further relief as this Court deems just and proper.

Dated: May 10, 2012

Respectfully submitted,

By: /s/ Binal J. Patel Christopher J. Renk (IL Bar No. 6199012) Binal J. Patel (IL Bar No. 6237843) Azuka C. Dike (IL Bar No. 6303185) BANNER & WITCOFF, LTD. 10 South Wacker Drive – Suite 3000 Chicago, Illinois 60606 Telephone: (312) 463-5000 Facsimile: (312) 463-5001 5

[email protected] [email protected] [email protected] Attorneys for Plaintiff Allstate Insurance Co.

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