IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ENTERTAINMENT PRINTING ENTERPRISES,

LTD. Plaintiff, v. TICKTBOX, LLC Defendants . ORIGINAL COMPLAINT For its complaint against Ticktbox LLC (Ticktbox), plaintiff Entertainment Printing Enterprises, LTD. (EPE) alleges: PARTIES 1. EPE is a limited partnership organized under the laws of the State of Texas and JURY CASE NO. ______________________

has its principal place of business at 1400 Crestdale Drive Houston, TX, Texas 77080. 2. Ticktbox is, upon information and belief, a limited liability corporation organized

under the laws of the State of Washington and has its principal place of business at 4001 SW Cloverdale Street, Seattle, Washington 98146. Service of process may be effected pursuant to Fed. R. Civ. P. 4 upon its registered agent, Mr. Larry Setchell, located at 1001 Fourth Avenue, Suite 4200, Seattle, Washington 98154.

NATURE OF ACTION, JURISDICTION AND VENUE 3. seq. 4. This Court has subject matter jurisdiction under 28 U.S.C. 1331 (Federal This is an action for patent infringement under the Patent Act, 35 U.S.C. 1 et

Question), 1332 (Diversity of Citizenship), and 1338 (Patents).

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5.

Venue is proper under 28 U.S.C. 1391(b) & (c), 1400(a), and/or 1400(b)

because, among other things, Ticktbox resides in this district, a substantial part of the events or omissions giving rise to the claims occurred in this district, and/or a substantial part of the property that is the subject of the action is situated in this district.

FACTS 6. EPE is the owner by assignment of U.S. Patent No. 7,472,823 issued January 6,

2009 (the 823 Patent), which was duly and legally issued. The 823 Patent is directed to methods for issuing a promotional ticket to a show. A true and correct copy of the 823 Patent is attached as Exhibit A. 7. EPE is the owner and operator of the website, www.gofobo.com, that creates an

online experience designed to help [its guests] see movies first and . . . build new relationships with other [guests] who love movies . . . . www.gofobo.com/about. Attached as Exhibit B is a true and correct copy of a screenshot of www.gofobo.com/about as it existed on March 11, 2014. 8. Through Gofobo.com, EPE allows its guests not only to experience new movies,

contests and live events, but also to [permit guests to] share comments, get information on [their] favorite movies or stars . . . . Id. 9. Ticktbox is the owner and operator of the website, www.tickbox.com. Attached

as Exhibit C is a true and correct copy of a screenshot of www.ticktbox as it existed on March 11, 2014. 10. At least through Ticktbox.com, Ticktbox allows its guests to create local and Once [the]

national marketing campaigns for movies, concerts, and other similar events.

marketing campaign has been created, [promoters] can then create and distribute passes for individual screenings or showings. http://ticktbox.com/how-it-works.html. Attached as Exhibit

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D is a true and correct copy of a screenshot of http://ticktbox.com/how-it-works.html existed on March 11, 2014. 11. platform.

as it

Ticktbox states that it offers an online integrated marketing and ticketing See e.g., id. (With ticktBox, inviting guests is made easy. This online platform

centralizes distribution, allowing [promoters] to distribute tickets locally or nationally, through email and online redemption. When the attendees go to redeem their passes, they will log in (or create an account) and be prompted to fill out demographic data . . . .); www.tickbox.com ([ticktBox] allows for the creation of marketing campaigns, analysis of marketing data, and distribution of passes.); http://ticktbox.com/how-it-works.html (With ticktBox, [promoters] can collect demographic data and hone [their] marketing campaign. 12. Ticktbox further states that it has created a marketing platform to aid the creation See http://ticktbox.com/about.html (Combining

and distribution of promotional passes.

integrated marketing and ticketing into one online platform, ticktBox . . . . Designed to aid in the creation and distribution of promotional passes; the management of local and national marketing campaigns; and the collection, management, and analysis of user data, including consumer demographics, ticktBox is the future of marketing.). Attached as Exhibit E is a true and correct copy of a screenshot of http://ticktbox.com/about.html as it existed on March 11, 2014. 13. On or before February 21, 2014, Ticktbox made available through the Apple

App Store, a mobile application-based platform. True and correct copies of screenshots of Ticktboxs mobile application-based platform offered through the Apple App Store as they existed on March 11, 2014 are reproduced below.

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14.

On March 5, 2014, Ticktbox posted an instructional video for its mobile

application-based platform on YouTube at http://www.youtube.com/watch?v=bHieg736uac (ticktBox Instructional Video). A portion of a page from that website is reproduced below:

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15.

Among other things, the ticktBox Instructional Video provides a primer as to how

ticktBoxs Verify Mobile App provides the ability to verify QR codes on screening passes and tickets. For example, the ticktBox Instructional Video provides the following guidance for using its mobile application-based platform:

Using our ticktBox app couldnt be easier. If you manage or operate promotional screenings created through the ticktBox desktop platform, then this app is for you. TicktBox Instructional Video at 0:110:20; Simply use what you already have in your pocket, your smartphone. Id. at 0:230:27; Using our app is a breeze. . . . Logging in and using our app is easy. Simply use your existing ticktBox access credentials. Id. at 0:31 0:40; Youll find that each event lists the film title, screening location, and the time. Id. at 1:081:13; This is our event confirmation page:

In addition to the details found on the previous page, youll find the seat count total. Using our Verify app, this seat count total can be monitored and updated in real time by multiple persons using the system simultaneously. Id. at 1:191:34;

The verify page. This page utilizes your phones built in camera to read QR codes. As each QR code is read the app will automatically update your seat count total in the top left portion of the screen. Even if multiple people are simultaneously using the system, your seat count total will always be updated in real time. Id. at 2:03 2:24;

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To verify passes, simply click on the big green button that says Verify. Place the QR code between the cursers. Id. at 2:553:02; How do you know passes are being verified? Well, in addition to the seat count total being updated in real time, youll see this screen:

If a pass has already been used . . . youll see this screen:

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And when the total number of seats has been filled, youll see this page:

Id. at 3:19 3:39;

Once you have completed verifying passes simply click Im done on the screen. This will take you to the following page:

This page will show you both event and verification details. Under verification details, youll find the total number of guest verified [and] the manual number of passes . . . . Id. at 4:064 22;

Once done you will arrive at a confirmation page that looks like this:

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Id. at 4:464:51.

16.

On March 5, 2014, Ticktbox and/or its agents caused, supervised, induced,

and/or contributed to a promotional event at Cinemark Movies 18 and XD, located at 1401 Earl Rudder Freeway South, College Station, Texas 77845 (College Station Promotional Event). Attached as Exhibit F is a true and correct copy of promotional materials distributed in connection with the College Station Promotional Event (College Station Promotional Screening Materials). 17. Included within the College Station Promotional Screening Materials is a

screening pass (College Station Screening Pass) intended to be used to obtain admission to the College Station Promotional Event. See Exhibit G at p. 8. 18. The College Station Screening Pass includes at least one validation code ( i.e.,

QR Code) provided by Ticktbox that may be used to verify the pass. A true and correct copy of a portion of the College Station Screening Pass including this QR Code is reproduced below:

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The College Station Screening Pass further includes invitee information, show

information, and show artwork. A true and correct copy of a portion of the College Station Screening Pass including this information and artwork is reproduced below:

20.

One or more of the steps of the 823 Patent were performed by Ticktbox and/or

its agents, performed under Ticktboxs direction, and/or performed under Ticktboxs supervision during the College Station Promotional Event. The allegations and factual contentions set forth in this paragraph are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. See Fed. R. Civ. P. 11(b)(3). 21. On March 6, 2014, Ticktbox and/or its agents caused, supervised, induced,

and/or contributed to a promotional event at The Landmark, 10850 West Pico Boulevard, Suite 520, Los Angeles, California 90064 (Los Angeles Promotional Event). Attached as Exhibit H is a true and correct copy of a screening pass (Los Angeles Screening Pass) intended to be used to obtain admission to the Los Angeles Promotional Event.

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22.

The Los Angeles Screening Pass includes at least one validation code (i.e., QR

Code) provided by Ticktbox that may be used to verify the pass. A true and correct copy of a portion of the Los Angeles Screening Pass including this QR Code is reproduced below:

23.

The Los Angeles Screening Pass further includes invitee information, show A true and correct copy of a portion of the Los Angeles

information, and show artwork.

Screening Pass including this information and artwork is reproduced below:

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24.

One or more of the steps of the 823 Patent were performed by Ticktbox and/or

its agents, performed under Ticktboxs direction, and/or performed under Ticktboxs supervision during the Los Angeles Promotional Event. The allegations and factual contentions set forth in this paragraph are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. See Fed. R. Civ. P. 11(b)(3). 25. Ticktbox and/or its agents caused, supervised, induced, and/or contributed to a

promotional event that is planned to take place at 7:00 pm on March 11, 2014 at Edwards Theaters Greenway Grand Palace Stadium 24 RPX Movie Theater, located at 3839 Weslayan Street, Houston, TX 77027. (Houston Promotional Event). Attached as Exhibit I is a true and correct copy of a screening pass (Houston Screening Pass) intended to be used to obtain admission to the Houston Promotional Event.

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26.

The Houston Screening Pass includes at least one validation code (i.e., QR

Code) provided by Ticktbox that may be used to verify the pass. A true and correct copy of a portion of the Houston Screening Pass including this QR Code is reproduced below:

27.

The Houston Screening Pass further includes invitee information, show

information, and show artwork. A true and correct copy of a portion of the Houston Screening Pass including this information and artwork is reproduced below:

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28.

One or more of the steps of the 823 Patent are to be performed by Ticktbox

and/or its agents, performed under Ticktboxs direction, and/or performed under Ticktboxs supervision during the Houston Promotional Event. The allegations and factual contentions set forth in this paragraph are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. See Fed. R. Civ. P. 11(b)(3).

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COUNT I Infringement of the 823 Patent 29. The allegations in the preceding paragraphs of this Complaint are hereby

restated and incorporated by reference. 30. On January 6, 2009, U.S. Patent No. 7,472,823 (the 823 Patent) entitled

Method for Issuing a Promotional Ticket to a Show was duly and legally issued to Alvin S. Guggenheim, Jr., Alvin S. Guggenheim, III, and Hildred P. Guggenheim, and assigned to Entertainment Printing Services LLC and thereafter was duly and legally assigned to EPE. 31. EPE is the assignee and owner of all rights and title to the823 Patent (the

Patent-In-Suit) with exclusive right to enforce the patent against infringers and to sue for and collect damages for all relevant times, including the right to assert the present cause of action. 32. Ticktbox was placed on notice of the existence of the 823 patent at least as early

as December 5, 2013 by letter addressed to Andrew Ly (Notice Letter), and sent by certified mail, return receipt requested. A true and correct copy of the Notice Letter with proof of receipt is attached hereto as Exhibit J. On information and belief, Mr. Ly is a principal of Ticktbox. The allegations and factual contentions set forth in this paragraph are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. See Fed. R. Civ. P. 11(b)(3). 33. Despite knowledge of the 823 patent, Ticktbox has developed, made, used, and

marketed an application-based platform that provides the ability to, among other things, verify QR codes on screening passes and tickets 34. Ticktbox has committed acts of direct and/or indirect patent infringement by

making, using, selling, offering to sell, and/or importing an application-based platform that infringes one or more claims of the 823 Patent. The allegations and factual contentions set forth in this paragraph are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. See Fed. R. Civ. P. 11(b)(3). Page 14 of 16

35.

Upon information and belief, TicktBox acts of infringement have been and are

willful. The allegations and factual contentions set forth in this paragraph are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. See Fed. R. Civ. P. 11(b)(3). 36. At all times relevant to this cause of action, EPE and its predecessors have

complied with the marking requirements of 35 U.S.C. 287.

PRAYER WHEREFORE, EPE requests judgment against Ticktbox as follows: 1. Enter a judgment that one or more claims of United States Patent No. 7,472,823

have been infringed, either literally and/or under the doctrine of equivalents, by Ticktbox and/or by others whose infringement Ticktbox have contributed and/or by others whose infringement has been induced by Ticktbox. 2. A preliminary and permanent injunction against continued patent infringement in

such form as the Court deems just; 3. An award to EPE of damages adequate to compensate for the infringement, but

in no event less than a reasonable royalty for use made of the invention, together with interest and costs as fixed by the Court; 4. That this case be declared exceptional under the patent laws and this Court

award enhanced damages under 35 U.S.C. 284; and attorney fees and costs under 35 U.S.C. 285 or other applicable statute; 5. 6. proper. Demand for Jury Trial EPE demands a trial by jury of all issues so triable. Page 15 of 16 An award of prejudgment interest and costs of the action; and EPE be granted such other and further relief as the Court may deem just and

March 11, 2014

Respectfully submitted, /s/ Albert B. Deaver, Jr. Albert B. Deaver, Jr. Attorney In Charge TX State Bar No. 05703800 Craig E. Walter TX State Bar No. 24079540 SUTTON MCAUGHAN DEAVER PLLC Three Riverway Suite 900 Houston, TX 77056 (713) 800-5700 Attorneys for Plaintiff ENTERTAINMENT PRINTING ENTERPRISES, LTD.

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