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Greenberg Traurig Suite 400 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 (702) 792-3773 (702) 792-9002 (fax)

Mark G Tratos (Bar No. 1086) Rob Phillips (Bar No. 8225) GREENBERG TRAURIG LLP 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89109 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Gregory J. Casas (subject to admission pro hac vice) Texas Bar No. 00787213 Ross Spencer Garsson (subject to admission pro hac vice) Texas Bar No. 00784112 GREENBERG TRAURIG LLP 300 West 6th Street, Suite 2050 Austin, Texas 78701 Telephone: (512) 320-7200 Facsimile: (512) 320-7210 Counsel for GLOBAL CONNECT, LLC UNITED STATES DISTRICT COURT DISTRICT OF NEVADA GLOBAL CONNECT, LLC, a Nevada limited liability company, Plaintiff, v. NobelBiz, Inc., a Delaware corporation Defendant. Case No. COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND PATENT INVALIDITY

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Plaintiff, Global Connect, LLC, (Global Connect or Plaintiff), by and through its attorneys makes and files this Complaint against Defendant, NobelBiz, Inc., (NobelBiz or Defendant); and hereby alleges and demands a jury trial. THE PARTIES Global Connect is a limited-liability company formed organized under the laws of the

State of Nevada with its principal place of business located at 5218 Atlantic Avenue, Suite 300, Mays Landing, New Jersey 08330.
1. COMPLAINT

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Greenberg Traurig Suite 400 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 (702) 792-3773 (702) 792-9002 (fax)

2.

Upon information and belief, NobelBiz is a privately held company incorporated

under the laws of the State of Delaware with its principal place of business at 5973 Avenida Encinas, Suite 202, Carlsbad, California 92008. 3. On information and belief, NobelBiz is a provider of telecommunication solutions to

call centers worldwide. 4. NobelBiz has asserted it is the owner by assignment of U.S. Patent No. 7,899,169,

issued on March 1, 2011 (the 169 Patent), U.S. Patent No. 8,135,122 (the 122 Patent), issued March 13, 2012, and U.S. Patent No. 8,565,399, issued October 22, 2013 (the 399 Patent), which are all entitled System and Method for Modifying Communication Information (MCI). These three patents are all related, the 169 Patent is the grandparent patent of the 122 Patent and the 399 Patent (with the same parent patent application). A true and correct copy of the 399 Patent is attached hereto at Exhibit A. JURISDICTION AND VENUE 5. This is an action for declaratory relief of non-infringement and/or invalidity of the

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399 Patent that arises under United States patent laws (35 U.S.C. 101, et seq.). These claims arise under the Declaratory Relief Act, 28 U.S.C. 2201 and 2202. 6. The Court has jurisdiction over this case under Title 35 of United States Code and

U.S.C. 1331 and 1338(a). 7. This Court has personal jurisdiction over Defendant because Defendant has

established substantial contacts in and purposefully availed itself to the laws of the state of Nevada thus establishing personal jurisdiction over the Defendant, including because, on information and belief, NobelBiz is doing business in this District. 8. Venue is proper in the United States District Court for the District of Nevada under

28 U.S.C. 1391(b), 1391(c), 1391(d), 1400(b), 2201 and 2202, including because NobelBiz is subject to personal jurisdiction in this District and because a substantial part of the events or omissions giving rise to the claim occurred in this District. ... ...
2. COMPLAINT

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Greenberg Traurig Suite 400 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 (702) 792-3773 (702) 792-9002 (fax)

FACTUAL BACKGROUND 9. Global Connect is a business that provides web-based voice messaging, and since its

inception (on or before 2002) has helped a variety of organizations throughout the United States, Canada, and Puerto Rico to deliver personalized voice messages quickly and cost-effectively. 10. Global Connect has provided these services utilizing its interactive system (Global

Connects System). Global Connects System uses a Voice Over Internet Protocol (VoIP) to deliver prerecorded voice messages to designated telephone numbers over the Internet. Twice, Collection Advisor has named Global Connects System as one of the Top 100 Collection Technology Products of the year. 11. In general terms, Global Connects System allows its clients to connect to Global

Connects website, record a prerecorded message, select one or more call lists (having designated telephone numbers), and schedule a distribution time for broadcasting that prerecorded message to the designated telephone numbers. Global Connects System then broadcasts the prerecorded message from Global Connects data centers located in Philadelphia, New York, and Canada. 12. Since September 2004 (and earlier), Global Connects System can and has set the

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caller identification data (caller ID) for the client (such as one having the same area code as the receiving party) at the time each particular telephone call is originated. The process by which Global Connect has set the caller ID for a client has remained the same since before September 2004. 13. In 2011, NobelBiz contacted Global Connect to assert Global Connect infringed the

169 Patent. In September 2011, Global Connect explained to NobelBiz s counsel in detail why Global Connects System did not infringe the 169 Patent. 14. In a letter dated September 8, 2011, Global Connects Intellectual Property counsel

Robert Ryan Morishita informed NobelBizs counsel Frank A. Bruno that, among other things: [C]all broadcasts [from Global Connects System] originate with caller ID information selected by the system user. In short, the caller ID information is not modified; the caller ID information that will be seen by the target party is determined at the source of the call without modification by an intermediary. 15. 16. NobelBiz has conceded its 169 Patent infringement claim against Global Connect. On April 3, 2012 (just three weeks after issuance of the 122 Patent), NobelBiz filed a
COMPLAINT

complaint against Global Connect asserting infringement of the 122 Patent in the Eastern District of 3.

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Greenberg Traurig Suite 400 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 (702) 792-3773 (702) 792-9002 (fax)

Texas in a lawsuit presently styled NobelBiz, Inc. v. Global Connect, L.L.C, Civil Action No. 6:12cv-00244-MHS (the 122 Patent Lawsuit). 17. Global Connect has denied infringement of the 122 Patent in the 122 Patent

Lawsuit. Global Connect has also brought a counterclaim in the 122 Patent Lawsuit, seeking a declaratory judgment that Global Connect does not infringe any claim of the 122 Patent, and all claims of the 122 Patent are invalid. 18. 19. The 122 Patent Lawsuit is presently pending. In a letter dated September 19, 2013, NobelBizs counsel Ralph A. Dengler informed

Global Connect that the 399 Patent was soon to be issued (within 60 days of that letter), that the allowed claims in the then soon to be issued 399 Patent were broader than the claims in the 122 Patent (which NobelBiz contended were being infringed by Global Connect in the 122 Patent Lawsuit), and that when the 399 Patent issued, NobelBiz would file claims against Global Connect in Federal Court that Global Connect was infringing one or more claims of the 399 Patent. 20. In a Notice to the Court presiding over the 122 Patent Lawsuit, NobelBiz likewise

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indicated that, once the 399 Patent issued, NobelBiz intended to file claims against Global Connect in Federal Court that Global Connect was infringing one or more claims of the 399 Patent. COUNT ONE (Declaration of Non-Infringement Under the Declaratory Judgment Act, 28 U.S.C. 2201, et seq). 21. 22. The allegations set forth in paragraphs 1-20 are incorporated herein by reference. A case and controversy exists between Global Connect and NobelBiz concerning the

399 Patent as to whether Global Connect is infringing the 399 Patent, which requires a declaration of rights by the Court. 23. Global Connects System and the use of Global Connects System in the United

States does not infringe, contributorily infringe, nor constitute inducement of infringement of any valid claim of the 399 Patent. 24. While NobelBiz contends otherwise, Global Connect is not directly infringing, and
4.

has not directly infringed the 399 Patent, including literally or under the doctrine of equivalents.
COMPLAINT

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Greenberg Traurig Suite 400 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 (702) 792-3773 (702) 792-9002 (fax)

25.

While NobelBiz contends otherwise, Global Connect is not indirectly infringing, and

has not indirectly infringed, the 399 Patent, including contributorily and/or by active inducement. 26. Global Connect is entitled to a declaratory judgment that it has not infringed and it is

not now infringing, has not contributorily infringed and is not now contributorily infringing, and has not induced and is not now inducing infringement any valid claim of the 399 Patent. 27. Under the Declaratory Judgment Act, 28 U.S.C. 2201 et seq., Global Connect

requests a declaration that Global Connect is not infringing and has not infringed, directly or indirectly, the 399 Patent (literally and under the doctrine of equivalents). COUNT TWO (Declaration of Invalidity Under Declaratory Judgment Act, 28 U.S.C. 2201, et seq.) 28. 29. The allegations set forth in paragraphs 1-27 are incorporated herein by reference. A case and controversy exists between Global Connect and NobelBiz concerning

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NobelBizs 399 Patent as to whether the claims of the 399 Patent are valid, which requires a declaration of rights by the Court. 30. While NobelBiz contends otherwise, the claims of the 399 Patent are invalid because

they each fail to satisfy one or more conditions for patentability specified in Title 35 of the United States Code, including, but not limited to, 35 U.S.C. 101, 102, 103, 112, and 112. 31. 32. The bases for invalidity of the claims include the following: Each of the claims of the 399 Patent are anticipated under 35 U.S.C. 102, including

in view of, but not limited to, (a) Global Connects System as it existed on or before September 2004 (Global Connects 2004 System) (in view of NobelBizs indication that the claims of the 399 Patent are broader than the claims of the 122 Patent and in view of the breadth of the claims of the 122 Patent that NobelBiz is asserting in the 122 Patent Lawsuit); (b) Lippincott, Melanie G., Users Guide (September 2004), Global Connect Strategic Voice Broadcasting, produced by Global Connect, (September 15,
5. COMPLAINT

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Greenberg Traurig Suite 400 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 (702) 792-3773 (702) 792-9002 (fax)

2004) (in view of NobelBizs indication that the claims of the 399 Patent NobelBizs are broader than the claims in the 122 Patent and in view of the breadth of the claims of the 122 Patent that NobelBiz is asserting in the 122 Patent Lawsuit); (c) (d) (e) (f) (g) (h) (i) (j) (k) U.S. Patent No. 7,640,009 to Belkin, et al.; U.S. Patent No. 8,027,332 to Martin, et al.; U.S. Patent No. 5,901,209 to Tannenbaum, et al.; U.S. Patent No. 7,925,003 to Haug, Jr., et al.; U.S. Patent Application No. 11/286,310 to Black, et al.; U.S. Patent No. 7,756,253 to Breen, et al.; U.S. Patent No. 5,590,184 to London; U.S. Patent Application No. 10/655.880 to Giannoit; Torrone, Phillip, Questions about the Caller ID falsification service answered, www.engadget.com (August 31, 2004); and (l) TCN Inc.s (TCN) method and system as it existed on or before September 2004 that TCN provided its customers with the ability to enter any of their phone numbers to be displayed on the recipients caller ID (in view of NobelBizs indication that the claims of the 399 Patent NobelBizs are broader than the claims in the 122 Patent and in view of the breadth of the claims of the 122 Patent that NobelBiz is asserting in the 122 Patent Lawsuit). 33. 34. Each of the claims of the 399 Patent is obvious under 35 U.S.C. 103. Each of the anticipatory prior art references identified in Paragraph 32, either alone or

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in combination with other prior art, render each of the 399 Patent claims invalid as obvious. 35. Each of the claims of the 399 Patent is invalid for lack of enablement and for lack of
6.

written description under 35 U.S.C. 112, 1.


COMPLAINT

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Greenberg Traurig Suite 400 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 (702) 792-3773 (702) 792-9002 (fax)

36.

In view of NobelBizs indication that the claims of the 399 Patent NobelBizs are

broader than the claims in the 122 Patent and in view of the breadth of the claims of the 122 Patent that NobelBiz is asserting in the 122 Patent Lawsuit, all claims are not supported by the written description of the 399 Patent and are not enabled in the 399 Patent. 37. 112, 2. 38. Global Connect is entitled to a declaratory judgment that each of the claims of the Each of the claims of the 399 Patent is invalid for indefiniteness under 35 U.S.C.

399 Patent is invalid. 39. Under the Declaratory Judgment Act, 28 U.S.C. 2201 et seq., Global Connect

requests a declaration that each of the claims of the 399 Patent is invalid. EXCEPTIONAL CASE 40. 41. The allegations set forth in paragraphs 1-39 are incorporated herein by reference. This is an exceptional case entitling Global Connect to an award of its attorneys fees

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incurred in connection with this action pursuant to 35 U.S.C. 285. 42. It was necessary for Global Connect to retain and employ legal counsel to defend this

legal action. Global Connect requests the recovery of its reasonable attorneys fees. Global Connect reserves the right to plead for compensatory and exemplary damages, if, during discovery or during the pendency of this action, NobelBiz causes injury, loss or damage to Global Connect. PRAYER FOR RELIEF WHEREFORE, Global Connect respectfully prays that the Court enter declaratory judgment, relief and Order against NobelBiz as follows: (A) A declaration that Global Connect has not, and is not currently infringing,

contributorily infringing, or inducing infringement of any valid claim of U.S. Patent No. 8,565,399; (B) (C) A declaration that each of the claims of U.S. Patent No. 8,565,399 is invalid; A declaration that this suit exceptional under 35 U.S.C. 285 and Global Connect be

awarded its costs, expenses, and reasonable attorneys fees, including, without limitation prejudgment interest and post-judgment interest; and ...
7. COMPLAINT

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Greenberg Traurig Suite 400 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 (702) 792-3773 (702) 792-9002 (fax)

(D)

Awarding such other and further relief as this Court may deem just and proper. JURY DEMAND

Global Connect hereby demands a trial by jury on all issues so triable.

Respectfully submitted this 23rd day of October, 2013. GREENBERG TRAURIG LLP

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Mark G Tratos (Bar No. 1086) Rob L. Phillips (Bar No. 8225) Greenberg Traurig 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Gregory J. Casas (subject to admission pro hac vice) Texas Bar No. 00787213 Ross Spencer Garsson (subject to admission pro hac vice) Texas Bar No. 00784112 GREENBERG TRAURIG LLP 300 West 6th Street, Suite 2050 Austin, Texas 78701 Telephone: (512) 320-7200 Facsimile: (512) 320-7210 Counsel for GLOBAL CONNECT, LLC

8.

COMPLAINT

Exhibit A