William L. Mentlik Stephen F. Roth Russell W. Faegenburg Cicero H. Brabham, Jr.

LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP 600 South Avenue West Westfield, NJ 07090-1497 Tel: 908.654.5000 Fax: 908.654.7866 Attorneys for Plaintiff IPEG Limited Liability Company Document Filed Electronically UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY IPEG LIMITED LIABILITY COMPANY, Plaintiff, v. VALLEY NATIONAL BANCORP, Defendant. : : : : : : : : x

Civil Action No. District Judge Magistrate Judge

COMPLAINT AND DEMAND FOR TRIAL BY JURY Plaintiff IPEG Limited Liability Company ("IPEG"), as and for its complaint against defendant Valley National Bancorp ("Valley"), hereby alleges and avers as follows: JURISDICTION AND VENUE 1. This is an action for damages and injunctive relief against Defendant Valley

arising under the patent laws of the United States, 35 U.S.C. 1 et seq. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a). 2. Venue is proper in this judicial district under 28 U.S.C. 1391(c) and 1400(b),

as, upon information and belief, Defendant resides in this judicial district within the meaning of 28 U.S.C. 1391(c), and has engaged in acts of infringement within this judicial district.

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This Court has personal jurisdiction over Defendant because, among other things,

Defendant is committing acts of patent infringement in this district, regularly conducts business within this district, and has a regular and established place of business within this district. PARTIES 4. Plaintiff IPEG is a limited liability company organized and existing under the

laws of the State of New Jersey, having its principal place of business at 3 Elkridge Way, Manalapan, New Jersey 07726. 5. Upon information and belief, Defendant Valley is a corporation organized and

existing under the laws of the State of New Jersey, having its principal place of business at 1455 Valley Road, Wayne, New Jersey 07470. FIRST CLAIM FOR RELIEF Infringement Of United States Patent No. 7,035,824 The foregoing allegations are restated and incorporated by reference as though

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fully set forth herein. 7. United States Patent No. 7,035,824 ("the '824 Patent"), entitled "Interactive

System For And Method Of Performing Financial Transactions From A User Base," was duly and legally issued by the United States Patent and Trademark Office on April 25, 2006. A true and correct copy of the '824 Patent is attached as Exhibit A. 8. Plaintiff IPEG is the owner by assignment of the '824 Patent and has the right to

sue and recover damages for infringement thereof. 9. Upon information and belief, Defendant Valley operates a mobile banking service

and system that permits customers to communicate with Valley and perform banking operations using telephones and/or cellular communications. For example, Valley's "Mobile Web Banking" interface provides an interface for customers in this judicial district and throughout the United States to communicate with Valley's computer networks through the VNBMobile.com website

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and to conduct banking transactions using telephones and/or cellular communications. Valley also distributes software to its customers and literature instructing those customers on how to use Valley's service and system for mobile banking. 10. By such acts, among other things, Defendant Valley has been and continues to

infringe the '824 Patent in violation of 35 U.S.C. 271. By such acts, Valley also has been and continues to induce and contribute to the infringement of the '824 Patent by Valley's customers, by causing, urging, encouraging, and/or aiding the performance of infringing acts by customers, and by knowingly and intentionally, or with willful blindness, abetting the infringement of the '824 Patent by customers. 11. Defendant Valley's conduct as set forth hereinabove has caused irreparable harm

to Plaintiff for which Plaintiff has no adequate remedy at law, and will continue to cause irreparable harm unless enjoined by this Court. SECOND CLAIM FOR RELIEF Infringement Of United States Patent No. 6,363,364 The foregoing allegations are restated and incorporated by reference as though

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fully set forth herein. 13. United States Patent No. 6,363,364 ("the '364 Patent"), entitled "Interactive

System For And Method Of Performing Financial Transactions From A User Base," was duly and legally issued by the United States Patent and Trademark Office on March 26, 2002. A true and correct copy of the '364 Patent is attached as Exhibit B. 14. Plaintiff IPEG is the owner by assignment of the '364 Patent and has the right to

sue and recover damages for infringement thereof. 15. Upon information and belief, Defendant Valley operates a mobile banking service

and system that permits customers to communicate with Valley and perform banking operations

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using telephones and/or cellular communications. For example, Valley's "Mobile Web Banking" interface provides an interface for customers in this judicial district and throughout the United States to communicate with Valley's computer networks through the VNBMobile.com website and to conduct banking transactions using telephones and/or cellular communications. Valley also distributes software to its customers and literature instructing those customers on how to use Valley's service and system for mobile banking. 16. By such acts, among other things, Defendant Valley has been and continues to

infringe the '364 Patent in violation of 35 U.S.C. 271. By such acts, Valley also has been and continues to induce and contribute to the infringement of the '364 Patent by Valley's customers, by causing, urging, encouraging, and/or aiding the performance of infringing acts by customers, and by knowingly and intentionally, or with willful blindness, abetting the infringement of the '364 Patent by customers. 17. Defendant Valley's conduct as set forth hereinabove has caused irreparable harm

to Plaintiff for which Plaintiff has no adequate remedy at law, and will continue to cause irreparable harm unless enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff IPEG prays for the following relief: A. '364 Patent; B. An order preliminarily and permanently enjoining Defendant Valley, including its An order adjudging Defendant Valley to have infringed the '824 Patent and the

subsidiaries, parents, divisions, officers, agents, servants, employees, attorneys, and all other persons who are in active concert or participation with any of the foregoing, from infringing, contributing to the infringement of, or actively inducing infringement of the '824 Patent and the '364 Patent;

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An award of compensatory damages, along with prejudgment and postjudgment

interest and costs, but in no event less than a reasonable royalty, such damages increased as provided in 35 U.S.C. 284; D. Pursuant to 35 U.S.C. 285, a finding that this case is exceptional and an award

of Plaintiff's reasonable attorney fees; and E. Such other and further relief as this Court may deem just and proper.

JURY DEM AND

Pursuant to Fed. R. Civ. P. 38(b), Plaintiff hereby demands a trial by a jury on all issues so triable. Respectfully submitted, LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP Attorneys for Plaintiff IPEG Limited Liability Company Dated: August 31, 2012 By: s/ William L. Mentlik William L. Mentlik Tel: 908.654.5000 E-mail:wmentlik@ldlkm.com litigation@ldlkm.com

CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 11.2 The undersigned hereby certifies, pursuant to Local Civil Rule 11.2, that with respect to the matter in controversy herein, neither plaintiff nor plaintiff's attorney is aware of any other action pending in any court, or of any pending arbitration or administrative proceeding, to which this matter is subject. LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP Attorneys for Plaintiff IPEG Limited Liability Company Dated: August 31, 2012 By: s/ William L. Mentlik William L. Mentlik Tel: 908.654.5000 E-mail: wmentlik@ldlkm.com litigation@ldlkm.com

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