IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IMAGEVISION.NET, INC.

, Plaintiff,

v. INTERNET PAYMENT EXCHANGE, INC., Defendant.

Civil Action No. ______________ JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Imagevision.Net, Inc. (Imagevision), for its Complaint of patent infringement against Internet Payment Exchange, Inc. (IPX), alleges as follows: THE PARTIES 1. Plaintiff Imagevision is a Pennsylvania corporation having a principal place of

business at 5010 Ritter Road, Suite 101, Mechanicsburg, PA 17055. 2. Defendant IPX is a Delaware corporation headquartered at 1946 North 13th Street,

Suite 348, Toledo, Ohio 43604.

JURISDICTION AND VENUE 3. This action arises under the patent laws of the United States, 35 U.S.C. 1 et

seq. Accordingly, this Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). 4. corporation. 5. 1400(b). FACTUAL BACKGROUND 6. On July 28, 2009, United States Letters Patent No. 7,567,925 (the 925 patent), Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and (c), and IPX is subject to personal jurisdiction in this District because IPX is a Delaware

entitled Point of Service Transaction Management for Service Facilities, was issued to Plaintiff, naming David Millary, Ken Blessing, and Brian Clementoni as inventors. A true and correct copy of the 925 patent is attached as Exhibit A. 7. Imagevision is, and has been since the issuance of the 925 patent, the owner of

all rights, title, and interest in and to the 925 patent, including the right to recover damages for all past infringement, and the right to seek injunctive relief. 8. The 925 patent relates to the field of payment collection. The 925 patent

provides for the collection of customer co-pay and self-pay charges via an integrated point-ofservice transaction management system and method. 9. IPX offers point of service solutions for collecting customer payments in the

healthcare and commercial marketplaces. 10. On or about September 22, 2009, Imagevision sent a letter to IPX informing IPX

of its infringement of the 925 patent and offering a license. IPX subsequently responded on or

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about December 4, 2009 inquiring as to what licensing terms might be available. IPX thus had actual notice of its infringement of the 925 patent in at least December 2009. 11. Plaintiff seeks damages and injunctive relief for Defendants direct and indirect

infringement of the 925 patent. COUNT I INFRINGEMENT OF THE 925 PATENT 12. The allegations of paragraphs 1 through 11 are repeated and incorporated by

reference as if fully stated herein. 13. Upon information and belief, IPX has directly infringed, and continues to directly

infringe, the 925 patent at least by making, using, offering for sale, and/or selling products and services within the United States that embody or result in the practice of the patented invention, including point of service solutions for collecting customer payments. 14. Upon information and belief, IPX has actively induced infringement, and

continues to actively induce infringement, of the 925 patent by others at least by intentionally causing others to directly infringe the 925 patent and/or by intentionally instructing others how to use the infringing products and services, including to point of service solutions for collecting customer payments. 15. Upon information and belief, IPX has contributorily infringed, and continues to

contributorily infringe, the 925 patent at least by making, using, offering for sale, and/or selling products and services within the United States that (1) constitute a material part of an invention of the 925 patent; (2) IPX knows to be especially adapted for use in infringing the 925 patent; and (3) are not staple articles of commerce suitable for substantial noninfringing use with respect to the 925 patent.

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16.

IPX is not licensed by Imagevision or otherwise authorized by Imagevision to

conduct activities that infringe, or lead to the infringement of, the 925 patent. 17. Upon information and belief, IPX had actual notice of infringement of the 925

patent before the filing of this Complaint, at least by December 2009. The filing of this Complaint also constitutes notice to IPX of the 925 patent under 35 U.S.C. 287. 18. Upon information and belief, IPXs past and continuing infringement of the 925

patent has been, and continues to be, deliberate and willful, entitling Imagevision to enhanced damages and attorneys fees. 19. Upon information and belief, IPX has made, and continues to make, unlawful

gains and profits from its infringement of the 925 patent. 20. These actions by IPX have damaged Imagevision in an amount to be determined

at trial and have caused and will continue to cause IPX irreparable injury for which Imagevision has no adequate remedy at law. DEMAND FOR JURY TRIAL 21. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Imagevision

demands a trial by jury of this action. PRAYER FOR RELIEF WHEREFORE, Imagevision prays for the following judgment and relief against IPX: (A) patent; (B) For a judgment awarding Plaintiff compensatory damages as a result of For a judgment declaring the Defendant infringed at least one claim of the 925

Defendants infringement of the 925 patent, together with interest and costs, and in no event less than a reasonable royalty;

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(C)

For a judgment declaring that Defendants infringement of the 925 patent has

been willful and deliberate; (D) For a judgment awarding Plaintiff treble damages and pre-judgment interest under

35 U.S.C. 284 as a result of the Defendants willful and deliberate infringement of the 925 patent; (E) For a judgment declaring that this case is exceptional and awarding Plaintiff its

expenses, costs, and attorneys fees under 35 U.S.C. 285; (F) For a grant of permanent injunction pursuant to 35 U.S.C. 283, enjoining

Defendant from further acts of infringement; and (G) For such other and further relief as the Court deems just and proper.

Dated: January 18, 2012

Respectfully submitted, /s/ Thatcher A. Rahmeier Francis DiGiovanni (#3189) Thatcher A. Rahmeier (#5222) CONNOLLY BOVE LODGE & HUTZ LLP 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 Tel: (302) 658-9141 E-mail: fdigiovanni@cblh.com E-mail: trahmeier@cblh.com ATTORNEYS FOR PLAINTIFF Imagevision.Net, Inc.

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