IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CROSS ATLANTIC CAPITAL Ei
PARTNERS, INC. 7 CIVIL ACTION
100 Matsonford Road :
Building 5, Suite 555 t NO.: 07-CV-_
Radnor, PA 19087, :
Plaintiff, : JURY TRIAL DEMANDED
vs.
FACEBOOK, INC.
156 University Avenue
Palo Alto, CA 94301-1605,
AND
THEFACEBOOK, LLC
156 University Avenue
Palo Alto, CA 94301-1605,
Defendants.
COMPLAINT
Plaintiff, Cross Atlantic Capital Partners, Inc., by and through its undersigned
counsel, complaining of the defendants, Facebook, Inc. and Thefacebook, LLC, avers as
follows:
JURISDICTION AND VENUE
1. This action is a claim for patent infringement arising under the Patent Laws
of the United States, Title 35, United States Code §§ 1 er seg.
2. This Court has subject matter jurisdiction based upon Title 28, U.S.C.
§§ 1331 & 1338(a)3. Venue is proper in this judicial district pursuant to Title 28, U.S.C.
§§ 1391(b) & (c), as well as 28 U.S.C. § 1400(b) in that acts of patent infringement are
occurring within this judicial district, and the defendants are subject to jurisdiction in this
judicial district.
THE PARTIES
4, Atall times relevant hereto, plaintiff Cross Atlantic Capital Partners, Inc.
(“XACP") is a corporation organized and existing pursuant to the laws of the State of
Delaware and has a principal place of business at 100 Matsonford Road, Building 5, Suite
585, Radnor, PA 19087.
5. On information and belief, defendant Facebook, Inc. is a corporation
organized and existing pursuant to the laws of the State of Delaware and has a principal
place of business at 156 University Avenue, Palo Alto, CA 94301-1605. Facebook, Inc.
was formally named Thefacebook, Inc., and it is interchangeably referred to herein as
Facebook, Inc.
6. On information and belief, defendant Thefacebook, LLC is a limited
liability corporation organized and existing pursuant to the laws of the State of Florida
and has a principal place of business at 156 University Avenue, Palo Alto, CA 94301-
1605. Its sole member is Facebook, Inc.
7, Defendants are in the business of, inter alia, owning, making, operating,
maintaining, marketing, selling advertising for, and generating income and profits from
®,
an Internet website called “Facebook®” with a domain address of “facebook.com”(formally “thefacebook.com”) that facilitates the creation of online communities by its
registered users (hereafter, “the Facebook® web site”).
8. Atall times relevant hereto, defendants acted through their respective
agents, representatives, employees and servants, all of whom acted within the course and
scope of their duties and responsibilities
FACTS
9. Plaintiff XACP is the assignee of complete interest in United States Patent
No, 6,519,629 B2 (“"629 Patent”), entitled System for Creating a Community for Users
with Common Interests to Interact In. A copy of the ‘629 Patent is attached hereto as
Exhibit “A.”
10. On February 25, 2000, Jamey Harvey, Andrew Fegley, Matt Hulan, and
Robert Dekelbaum (collectively, “the inventors”), filed United States Patent Application
Serial No. 09/513,844, which was a continuation-in-part of application No. 09/264,988,
filed on September 15, 1998.
11. On or about November 13, 2001, the inventors assigned their complete
interest in the aforementioned patent application and any patent that issued therefrom to
iKimbo, Inc.
12, On February 11, 2003, the United States Patent and Trademark Office
issued the ‘629 Patent in the name of the inventors and iKimbo, Inc., as assignee.
13. The ‘629 Patent discloses and claims, inter alia, novel systems and methods
for creating a community for users with common interests to interact in.
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