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Case: 1:11-cv-09276 Document #: 1 Filed: 12/29/11 Page 1 of 4 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION AVMARKETS INCORPORATED, Plaintiff, v. INVENTORY LOCATOR SERVICE, LLC, Defendant. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff AvMarkets Incorporated complains of Defendant Inventory Locator Service, LLC as follows: NATURE OF CASE 1. This is a claim for patent infringement that arises under the patent laws of the JURY TRIAL DEMANDED Civil Action No. 1:11-cv-9276

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). PARTIES 2. AvMarkets Incorporated (AvMarkets) is a Pennsylvania corporation that has a

principal place of business at 1004 Fifth Avenue, Suite 9, Coraopolis, Pennsylvania, 15108. 3. AvMarkets owns and has standing to sue for infringement of United States Patent

No. 7,856,430 B1 (the "'430 patent"), entitled "Method for Generating Increased Numbers of Leads Via the Internet," which issued on December 21, 2010. 4. Inventory Locator Service, LLC (ILS) is a Delaware limited liability company

that has a principal place of business at 100 North Riverside, Chicago, Illinois, 60606. Upon information and belief, ILS also lists its mailing address more precisely as 100 N Riverside, MC 5003-4551, Chicago, Illinois, 60606-1596, USA. ILS is registered to do business in the State of

Case: 1:11-cv-09276 Document #: 1 Filed: 12/29/11 Page 2 of 4 PageID #:2

Illinois. ILS registered its four limited liability company managers, Bruce Langsen, Jacqueline Collier, Christopher Wolter and Michael F. Lohr, as having addresses at 100 North Riverside Plaza, Chicago, Illinois, 60661. JURISDICTION AND VENUE 5. ILS owns, operates and/or and conducts business through the website

www.ilsmart.com in this judicial district and throughout the United States. ILS is headquartered and is doing business in this judicial district, has purposefully availed itself of the privilege of conducting business with residents of this judicial district, has established sufficient minimum contacts with the State of Illinois such that it should reasonably and fairly anticipate being brought into court in Illinois, and has purposefully reached out to residents of Illinois. 6. Venue is proper in this district under 28 U.S.C. 1391(b)-(d) and 1400(b). CLAIM FOR PATENT INFRINGEMENT 7. 8. 9. 10. 11. ILS owns the website www.ilsmart.com. ILS operates the website www.ilsmart.com. ILS provides its www.ilsmart.com website to the public via the Internet. ILS provides its www.ilsmart.com website via one or more servers. The one or more servers providing ILSs www.ilsmart.com website house and run

software designed to provide the www.ilsmart.com website. 12. ILSs www.ilsmart.com website is a marketplace, which it calls ILSmart, that

provides suppliers a venue to list parts and services to increase sales. 13. ILS solicits new subscribers to its ILSmart marketplace through its

www.ilsmart.com website.

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14.

ILS generates sales leads for new subscribers to its ILSmart marketplace through

its www.ilsmart.com website. 15. ILSs www.ilsmart.com website allows subscribers to update their ILSmart

inventory listing. 16. ILS enables subscribers to access its www.ilsmart.com website with usernames

and passwords. 17. 18. ILS receives part numbers from its subscribers for inventory listing. ILS lists and/or has listed part numbers as a hyperlink on a web page on

www.ilsmart.com. 19. ILS provides and/or has provided a web page that incorporates a part number into

its uniform resource locator (URL) on www.ilsmart.com. 20. ILS provides and/or has provided a web page that incorporates a part number into

its text on www.ilsmart.com. 21. 22. ILS generates revenue and profits through its www.ilsmart.com website. ILS has infringed at least claims 1, 5, 9 and 13 of the '430 patent within the

meaning of 35 U.S.C. 271(a) through the foregoing activities including, without limitation, making, using, operating and conducting business through the website www.ilsmart.com, including generating sales leads for new subscribers to its ILSmart marketplace through its www.ilsmart.com website. 23. U.S.C. 287. 24. ILSs direct infringement by manufacturing, using, operating and/or conducting To the extent required by law, AvMarkets has complied with the provisions of 35

business through its website has injured AvMarkets and AvMarkets is entitled to recover

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damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty. WHEREFORE, Plaintiff AvMarkets respectfully asks this Court to enter judgment against Defendant Inventory Locator Service, LLC and against each of 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. b. The entry of judgment in favor of AvMarkets and against Defendant; An award of damages as to Defendant adequate to compensate AvMarkets

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 AvMarkets of its

reasonable attorneys' fees and costs as provided by 35 U.S.C. 285; and d. Such other relief that AvMarkets is entitled to under law, and any other

and further relief that this Court or a jury may deem just and proper. JURY DEMAND AvMarkets demands a trial by jury on all issues presented in this Complaint. Respectfully submitted, /s/ Timothy J. Haller Timothy J. Haller Brian E. Haan NIRO, HALLER & NIRO 181 West Madison, Suite 4600 Chicago, Illinois 60602 4515 Phone: (312) 236 0733 Fax: (312) 236 3137 haller@nshn.com; bhaan@nshn.com Attorneys for Plaintiff AvMarkets Incorporated 4

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