2019 10-24 Complaint

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 1 of 114 1 MARC BELLOLI (SBN 244290) [email protected] 2 M. ELIZABETH DAY (SBN 177125) 3 [email protected] DAVID ALBERTI (SBN 220265) 4 [email protected] FEINBERG DAY KRAMER ALBERTI 5 LIM TONKOVICH & BELLOLI LLP 1600 El Camino Real, Suite 280 6 Menlo Park, CA 94025 7 Tel: 650.618.4360/Fax: 650.618.4368 8 George I. Lee (pro hac vice to be filed) [email protected] 9 Sean M. Sullivan (pro hac vice to be filed) [email protected] 10 Michael P. Boyea (pro hac vice to be filed) 11 [email protected] Cole B. Richter (pro hac vice to be filed) 12 [email protected] Jae Y. Pak (pro hac vice to be filed) 13 [email protected] LEE SULLIVAN SHEA & SMITH LLP 14 656 W Randolph St, Floor 5W 15 Chicago, IL 60661 Tel: (312) 754-0002/Fax: (312) 754-0003 16 Attorneys for Plaintiff Corrino Holdings LLC 17 UNITED STATES DISTRICT COURT 18 19 FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 CORRINO HOLDINGS LLC, Case No. 3:19-cv-06990 21 Plaintiff, 22 COMPLAINT FOR PATENT 23 v. INFRINGEMENT 24 BOOKING HOLDINGS INC, JURY TRIAL DEMANDED 25 Defendant. 26 27 28 Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 2 of 114 1 COMPLAINT FOR PATENT INFRINGEMENT 2 Plaintiff Corrino Holdings LLC (“Corrino” or “Plaintiff”) hereby asserts the following 3 claims for patent infringement against Defendant Booking Holdings Inc. (“Booking Holdings” 4 or “Defendant”), and alleges as follows: 5 SUMMARY 6 1. Corrino owns United States Patent Nos. 6,457,009, 6,741,188, 7,385,501, 7 7,716,149, 7,847,685, 7,958,104, and 9,262,533 (collectively, the “Patents-in-Suit”). 8 2. Booking Holdings infringes the Patents-in-Suit by implementing, without 9 authorization, Corrino’s proprietary technologies in a number of its commercial products and 10 services throughout its brands, including, inter alia, the www.Booking.com website, 11 Booking.com mobile application, and Pulse mobile application, the www.Kayak.com website 12 and Kayak mobile application, the www.Priceline.com website and Priceline mobile application, 13 the www.Rentalcars.com website and Rentalcars mobile application, the www.Agoda.com 14 website and Agoda mobile application, and the www.OpenTable.com website and OpenTable 15 mobile application, which are marketed, offered, and distributed to users of mobile and other 16 devices by Booking Holdings throughout the United States, including in this District. 17 3. By this action, Corrino seeks to obtain compensation for the harm Corrino has 18 suffered as a result of Booking Holdings’ unauthorized implementation of Corrino’s patented 19 technologies. 20 NATURE OF THE ACTION 21 4. This is a civil action for patent infringement arising under the patent laws of the 22 United States, 35 U.S.C. § 1 et seq. 23 5. Booking Holdings has infringed and/or continues to infringe, has induced and/or 24 continues to induce infringement of, and/or has contributed to and/or continues to contribute to 25 infringement of one or more claims of each of Corrino’s Patents-in-Suit at least by making, using, 26 selling, and/or offering to sell its products and services for mobile and other devices in the United 27 States, including in this District. 28 1 Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 3 of 114 1 6. Corrino is the legal owner by assignment of the Patents-in-Suit, which were duly 2 and legally issued by the United States Patent and Trademark Office (“USPTO”). 3 INTRADISTRICT ASSIGNMENT 4 7. Pursuant to Local Rule 3-2(c), this case is subject to district-wide assignment 5 because it is an Intellectual Property Action. 6 THE PARTIES 7 8. Plaintiff Corrino Holdings LLC is a Texas limited liability company with its 8 principal place of business at 17330 Preston Road, Suite 200, Dallas, Texas 75252. Corrino is 9 the owner of intellectual property rights at issue in this action. 10 9. Defendant Booking Holdings is a Delaware corporation with a principal place of 11 business at 800 Connecticut Avenue, Norwalk, Connecticut 06854. On information and belief, 12 Booking Holdings maintains at least one regular and established place of business in this District 13 via its office located at 101 Mission St #800, San Francisco, California, 94105. 14 10. Booking Holdings offers online travel and restaurant searching and reservation 15 products and services, including the infringing products and services, throughout the United 16 States, including in this District. In particular, Booking Holdings markets and provides these 17 products and services through six widely-used and recognized e-commerce brands: (1) 18 “Booking.com,” which includes the www.Booking.com website, Booking.com mobile 19 application, and Pulse mobile application, (2) “KAYAK,” which include the www.Kayak.com 20 website and Kayak mobile application, (3) “Priceline,” which includes the www.Priceline.com 21 website and Priceline mobile application, (4) “Rentalcars.com,” which includes the 22 www.Rentalcars.com website and Rentalcars mobile application, (5) “Agoda,” which includes 23 the www.Agoda.com website and Agoda mobile application, and (6) “OpenTable,” which 24 includes the www.OpenTable.com website and OpenTable mobile application. See 25 https://ir.bookingholdings.com/node/24076/html, pp. 1-4 (“We operate six primary brands: . 26 Booking.com . KAYAK . priceline . agoda . Rentalcars.com . OpenTable . We 27 connect consumers wishing to make travel reservations with providers of travel services around 28 the world through our online platforms. Through one or more of our brands, consumers can: book 2 Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 4 of 114 1 a broad array of accommodations (including hotels, motels, resorts, homes, apartments, bed and 2 breakfasts, hostels and other properties); make a car rental reservation or arrange for an airport 3 taxi; make a dinner reservation; or book a cruise, flight, vacation package, tour or activity. 4 Consumers can also use our meta-search services to easily compare travel reservation 5 information, such as airline ticket, hotel reservation and rental car reservation information, from 6 hundreds of online travel platforms at once. In addition, we offer various other services to 7 consumers, such as certain insurance products and restaurant management services to 8 restaurants.”); see also https://www.bookingholdings.com/about/factsheet/; 9 https://ir.bookingholdings.com/investor-relations. 10 11. Booking Holdings operates these brands as a single business entity that it controls. 11 See https://ir.bookingholdings.com/node/24076/html, pp. 1-4 (“We refer to our company and all 12 of our subsidiaries and brands collectively as "Booking Holdings," the "Company," "we," "our" 13 or "us.”). In particular, Booking Holdings explains: 14 The Booking Holdings Strategy 15 We aim to achieve our mission to help people experience the world through global leadership in online travel and restaurant reservation and related 16 services by: • providing consumers with the best choices and prices at any time, 17 in any place, on any device; • making it easy for people to find, book and experience their travel 18 desires; and • providing platforms, tools and insights to our business partners to 19 help them be successful. 20 Id. Booking Holdings considers employees of its brands to be employees of Booking Holdings 21 and revenues collected by its brands to be Booking Holdings’ revenues. Id. at 14 (“The number 22 of our employees worldwide has grown from approximately 9,500 at December 31, 2013 to 23 approximately 24,500 at December 31, 2018 . expansion increases the complexity of our 24 business and places additional strain on our management, operations, technical performance, 25 financial resources and internal control and financial reporting functions.”); id. at 2 (“For the year 26 ended December 31, 2018, we had revenues of $14.5 billion comprised of ‘agency’ revenues, 27 ‘merchant’ revenues and ‘advertising and other’ revenues.”). 28 3 Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 5 of 114 1 12. Booking Holdings provides, operates, and controls the infringing online travel and 2 restaurant searching and reservation products and services utilized by its brands. In particular, 3 back-end servers, computing systems, user information, and other technology are provided, 4 operated, and controlled by Booking Holdings and are connected and/or shared amongst the 5 Booking Holdings brands. For instance, Booking Holdings explains “we aim to be the world 6 leader in online travel and restaurant reservation and related services by . operating multiple 7 brands that collaborate with each other.” Id. Booking Holdings explains further: 8 Our business is supported by multiple systems and platforms, which were designed with an emphasis on scalability, performance, reliability, 9 redundancy and security. These systems and platforms are generally independent among our brands, though some have become increasingly 10 connected or shared. 11 [W]e employ a strategy of operating multiple brands, which we believe allows us the opportunity to offer our services in ways that appeal to 12 different consumers, pursue different marketing and business strategies, encourage experimentation and innovation, provide different service 13 offerings and focus on different markets, while benefiting all of our brands from opportunities to share best practices and learnings and to collaborate . 14 . We believe that by promoting our brands worldwide, sharing travel service reservation availability and customer demand, and applying our 15 industry experiences across brands and markets, we can more effectively expand our services globally and maintain and grow our position as a 16 leading provider of worldwide online travel and restaurant reservation and related services.

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