THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
COQUI TECHNOLOGIES, LLC,
Plaintiff,
v.
BEST BUY CO., INC., BEST BUY
STORES, L.P., AND BESTBUY.COM,
LLC
Defendants.
Civil Action No. 2:15-cv-90
JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which Coqui Technologies, LLC (“Coqui” or
“Plaintiff”) makes the following allegations against Best Buy Co., Inc. (“Best Buy”), Best Buy
Stores, L.P. (“Best Buy Stores”), and BestBuy.com, LLC (“BestBuy.com”) (collectively,
“Defendants”):
PARTIES
1. Plaintiff Coqui is a Texas limited liability company, having a principal place of
business of 3001 S. Hardin Blvd., Ste. 110, McKinney, TX 75070.
2. Defendant Best Buy is a corporation organized and existing under the laws of the
State of Minnesota, with its principal place of business located at 7601 Penn Avenue South,
Richfield, MN 55423. Best Buy may be served via its registered agent for service of process: C
T Corporation System Inc., 100 South 5th Street, Ste. 1075, Minneapolis, MN 55402.
3. Defendant Best Buy Stores is a subsidiary of Best Buy and a limited partnership
organized and existing under the laws of the State of Virginia, with its principal place of business
Case 2:15-cv-00090 Document 1 Filed 01/28/15 Page 1 of 5 PageID #: 1
located at 7601 Penn Avenue South, Richfield, MN 55423. Best Buy Stores may be served via
its registered agent for service of process: C T Corporation System Inc., 100 South 5th Street,
Ste. 1075, Minneapolis, MN 55402.
4. Defendant BestBuy.com a subsidiary of Best Buy and a limited liability company
organized and existing under the laws of the State of Virginia, with its principal place of business
located at 7601 Penn Avenue South, Richfield, MN 55423. BestBuy.com may be served via its
registered agent for service of process: C T Corporation System Inc., 100 South 5th Street, Ste.
1075, Minneapolis, MN 55402.
JURISDICATION AND VENUE
5. This action arises under the patent laws of the United States, Title 35 of the
United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
1338(a).
6. Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b). On
information and belief, Defendants have transacted business in this district, and has committed
and/or induced acts of patent infringement in this district.
7. On information and belief, Defendants are subject to this Court’s specific and
general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at
least to its substantial business in this forum, including: (i) at least a portion of the infringements
alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
of conduct, and/or deriving substantial revenue from goods and services provided to individuals
in Texas and in this Judicial District.
Case 2:15-cv-00090 Document 1 Filed 01/28/15 Page 2 of 5 PageID #: 2
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,580,864
8. Plaintiff is the owner by assignment of United States Patent No. 7,580,864 (“the
’864 Patent”) titled “Method for Circulating an Electronic Gift Certificate in Online and Offline
System.” The ’864 Patent issued on August 25, 2009. A true and correct copy of the ’864 Patent
is attached as Exhibit A.
9. Upon information and belief, Defendants have been and are now infringing the
’864 Patent in the State of Texas, in this judicial district, and elsewhere in the United States, by,
among other things, directly or through intermediaries, making, using, importing, providing,
supplying, distributing, selling, and/or offering for sale apparatuses and systems (including,
without
limitation, Best Buy e-Gift Cards) that is a gift certificate service system for managing
sales, gifting, and usage of electronic gift certificates according to a request by a user’s
communication terminal through a wired network, wireless network, or both, comprising: a gift
certificate service server for managing purchase, gifting, and usage operations on the electronic
gift certificates from the communication terminal; a gift certificate database, accessed by the gift
certificate service server, for storing electronic gift certificate information prior to transferring
the gift certificate to a transferee, and processing a reply to an inquiry of electronic gift
certificate usage from the gift certificate service server; and a network server, accessed by the
gift certificate service server and accessed by the user's communication terminal through the
wired network, wireless network, or both, for performing a client interface function with the
purchase, gifting, and usage of the electronic gift certificates, and transmitting the user's gift
certificate purchase particulars and gift certificate information for usage of the corresponding gift
certificate to the communication terminal, wherein the electronic gift certificate is a multimedia
message including barcode data, wherein the network server is responsive to use of the electronic
Case 2:15-cv-00090 Document 1 Filed 01/28/15 Page 3 of 5 PageID #: 3
gift certificate occasioned by displaying the barcode data on the communication terminal, and
wherein the electronic gift certificate information stored by the gift certificate database includes
at least one of a gifting history of the gift certificates or a usage history of the gift certificates,
covered by one or more claims of the ’864 Patent to the injury of Coqui. Defendants are directly
infringing, literally infringing, and/or infringing the ’864 Patent under the
doctrine of
equivalents. Defendant are thus liable for infringement of the ’864 Patent pursuant to
35 U.S.C.
§ 271.
10. On information and belief, to the extent any marking was required by 35 U.S.C.§
287, all predecessors in interest to the ’864 Patent complied with any such requirements.
11. As a result of Defendants’ infringement of the ’864 Patent, Plaintiff has suffered
monetary damages and is entitled to a money judgment in an amount adequate tocompensate for
Defendants’ infringement, but in no event less than a reasonable royalty for theuse made of the
invention by Defendants’, together with interest and costs as fixed by the court,and Plaintiff will
continue to suffer damages in the future unless Defendants’ infringing activitiesare enjoined by
this Court.
12. Unless a permanent injunction is issued enjoining Defendants and their agents,
servants, employees, representatives, affiliates, and all others acting on in active concert
therewith from infringing the ’864 Patent, Plaintiff will be greatly and irreparably harmed.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter:
1. A judgment in favor of Plaintiff that Defendants have infringed the ’864 Patent;
2. A permanent injunction enjoining Defendants and their officers, directors, agents
servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
Case 2:15-cv-00090 Document 1 Filed 01/28/15 Page 4 of 5 PageID #: 4
active concert therewith from infringement, inducing the infringement of, or contributing to the
infringement of the ’864 Patent, or such other equitable relief the Court determines is warranted;
3. A judgment and order requiring Defendants pay to Plaintiff its damages, costs,
expenses, and prejudgment and post-judgment interest for Defendants’ infringement of the ’864
Patent as provided under 35 U.S.C. § 284, and an accounting of ongoing post-judgment
infringement; and
4. Any and all other relief, at law or equity, to which Plaintiff may show itself to be
entitled.
DEMAND FOR JURY TRIAL
Coqui, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
any issues so triable by right.
DATED January 28, 2015. Respectfully submitted,
By: /s/ Hao Ni
Hao Ni
Texas Bar No. 24047205
Timothy T. Wang
Texas Bar No. 24067927
Neal G. Massand
Texas Bar No. 24039038
nmassand@nilawfirm.com
Stevenson Moore V
Texas Bar No. 24076573
smoore@nilawfirm.com
Ni, Wang & Massand, PLLC
8140 Walnut Hill Ln., Ste. 310
Dallas, TX 75231
Tel: (972) 331-4600
Fax: (972) 314-0900
ATTORNEYS FOR PLAINTIFF COQUI
TECHNOLOGIES, LLC
Case 2:15-cv-00090 Document 1 Filed 01/28/15 Page 5 of 5 PageID #: 5
