IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

RESHARE COMMERCE, LLC

: : Plaintiff : : v. : : STATE FARM MUTUAL AUTOMOBILE : INSURANCE COMPANY, THE : AMERICAN AUTOMOBILE : ASSOCIATION, AMERICAN FAMILY : MUTUAL INSURANCE COMPANY, : NATIONWIDE MUTUAL INSURANCE : COMPANY, SAFECO INSURANCE : COMPANY OF AMERICA, LIBERTY : MUTUAL INSURANCE COMPANY, : : Defendants. :

Civil Case No. ________________

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Reshare Commerce, LLC (Reshare), for its complaint against State Farm Mutual Automobile Insurance Company, (State Farm), The American Automobile Association, (AAA), American Family Mutual Insurance Company (American Family), and Nationwide Mutual Insurance Company, (Nationwide), Safeco Insurance Company of America (Safeco) and Liberty Mutual Insurance Company (Liberty Mutual) (collectively, Defendants), demands a jury trial and alleges as follows: NATURE OF THE ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 271 et seq., brought against Defendants for violations of those laws.

2.

Plaintiff Reshare is a Minnesota corporation with its principal place of business at

5051 Highway 7, Minneapolis, Minnesota 55416. 3. Upon information and belief, Defendant State Farm is an Illinois company with

its principal place of business at One State Farm Plaza, Bloomington, Illinois, 61710. 4. Upon information and belief, Defendant AAA is a Connecticut corporation with

its principal place of business at One Corporate Center, Floor 11, Hartford, Connecticut, 061033220. 5. Upon information and belief, Defendant American Family is a Wisconsin

company with its principal place of business at 6000 American Parkway, Madison, Wisconsin, 53783-0001. 6. Upon information and belief, Defendant Nationwide Mutual Insurance Company

is an Ohio company with its principal place of business at One Nationwide Plaza, Columbus, Ohio, 43215. 7. Upon information and belief, Defendant Safeco is a Washington company with its

principal place of business at Safeco Plaza, 1001 4th Avenue, Seattle, Washington, 98154. 8. Upon information and belief, Defendant Liberty Mutual is a Massachusetts

company with its principal place of business at 175 Berkeley Street, Boston, Massachusetts, 02116-5066. JURISDICTION AND VENUE 9. This action arises under the patent laws of the United States, Title 35 of the

United States code, 1, et seq.

10. 1338(a). 11.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

Upon information and belief, State Farm has contacts that are sufficiently

continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to State Farms products and services within this District. 12. Upon information and belief, AAA has contacts that are sufficiently continuous

and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to AAAs products and services within this District. 13. Upon information and belief, American Family has contacts that are sufficiently

continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to American Familys products and services within this District. 14. Upon information and belief, Nationwide has contacts that are sufficiently

continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to Nationwides products and services within this District. 15. Upon information and belief, Safeco has contacts that are sufficiently continuous

and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to Safecos products and services within this District.

16.

Upon information and belief, Liberty Mutual has contacts that are sufficiently

continuous and systematic to constitute doing business within the State of Minnesota and within this District and has engaged and continues to engage in sales and other conduct with respect to Liberty Mutuals products and services within this District. FACTUAL BACKGROUND 17. 18. Reshare is a leading software and strategy company. Reshare offers a complete range of consulting and development services along

with its software solutions. 19. Reshare provides software and strategies to its customers that resolve channel

conflict, guarantee complete brand control, and enhance relationships between all channel partners and end users. 20. On July 15, 2003, the United States Patent and Trademark Office duly and legally

issued U.S. Patent No. 6,594,641 (the 641 patent), entitled Computer Facilitated Product Selling System. 21. Complaint. 22. 641 patent. STATE FARM 23. insurance. State Farm is an insurance company providing insurance products including auto Reshare is the owner by assignment of all right, title, and interest in and to the A true and correct copy of the 641 patent is attached as Exhibit A to this

24.

State Farm offers its products for resale, including its auto insurance products,

through authorized State Farm agents (State Farm agents). 25. State Farm offers its products for direct sale, including its auto insurance

products, on its website (the State Farm website) located at www.statefarm.com. 26. State Farm provides its customers with the option to purchase State Farm

Products, including its auto insurance products, directly from the State Farm website or through a State Farm agent. 27. When purchasing directly from the State Farm website State Farm customers can

search for State Farm agents based on address information entered by the consumer. 28. When purchasing directly from the State Farm website, State Farm customers can

select a State Farm agent from a list of State Farm agents generated from the address information entered by the consumer. 29. State Farm calculates an amount of compensation to be designated for receipt by a

State Farm agent for purchases made by its customers directly from the State Farm website. 30. State Farm compensates State Farm agents for purchases made by its customers

directly from the State Farm website. 31. State Farm agents do not participate in the purchases made by customers directly

from the State Farm website. AAA 32. insurance. AAA is an insurance company providing insurance products including auto

33.

AAA offers its products for resale, including its auto insurance products, through

authorized AAA agents (AAA agents). 34. AAA offers its products for direct sale, including its auto insurance products, on

its website (the AAA website) located at www.AAA.com. 35. AAA provides its customers with the option to purchase AAA Products, including

its auto insurance products, directly from the AAA website or through a AAA agent. 36. When purchasing directly from the AAA website AAA customers can search for

AAA agents based on address information entered by the consumer. 37. When purchasing directly from the AAA website, AAA customers can select a

AAA agent from a list of AAA agents generated from the address information entered by the consumer. 38. AAA calculates an amount of compensation to be designated for receipt by a

AAA agent for purchases made by its customers directly from the AAA website. 39. AAA compensates AAA agents for purchases made by its customers directly

from the AAA website. 40. AAA agents do not participate in the purchases made by customers directly from

the AAA website. AMERICAN FAMILY 41. American Family is an insurance company providing insurance products

including auto insurance. 42. American Family offers its products for resale, including its auto insurance

products, through authorized American Family agents (American Family agents).

43.

American Family offers its products for direct sale, including its auto insurance

products, on its website (the American Family website) located at www.amfam.com. 44. American Family provides its customers with the option to purchase American

Family Products, including its auto insurance products, directly from the American Family website or through an American Family agent. 45. When purchasing directly from the American Family website American Family

customers can search for American Family agents based on address information entered by the consumer. 46. When purchasing directly from the American Family website, American Family

customers can select an American Family agent from a list of American Family agents generated from the address information entered by the consumer. 47. American Family calculates an amount of compensation to be designated for

receipt by an American Family agent for purchases made by its customers directly from the American Family website. 48. American Family compensates American Family agents for purchases made by its

customers directly from the American Family website. 49. American Family agents do not participate in the purchases made by customers

directly from the American Family website. NATIONWIDE 50. insurance. Nationwide is an insurance company providing insurance products including auto

51.

Nationwide offers its products for resale, including its auto insurance products,

through authorized Nationwide agents (Nationwide agents). 52. Nationwide offers its products for direct sale, including its auto insurance

products, on its website (the Nationwide website) located at www.nationwide.com. 53. Nationwide provides its customers with the option to purchase Nationwide

Products, including its auto insurance products, directly from the Nationwide website or through an Nationwide agent. 54. When purchasing directly from the Nationwide website Nationwide customers

can search for Nationwide agents based on address information entered by the consumer. 55. When purchasing directly from the Nationwide website, Nationwide customers

can select a Nationwide agent from a list of Nationwide agents generated from the address information entered by the consumer. 56. Nationwide calculates an amount of compensation to be designated for receipt by

a Nationwide agent for purchases made by its customers directly from the Nationwide website. 57. Nationwide compensates Nationwide agents for purchases made by its customers

directly from the Nationwide website. 58. Nationwide agents do not participate in the purchases made by customers directly

from the Nationwide website. Safeco 59. insurance. Safeco is an insurance company providing insurance products including auto

60.

Safeco offers its products for resale, including its auto insurance products,

through authorized Safeco agents (Safeco agents). 61. Safeco offers its products for direct sale, including its auto insurance products, on

its website (the Safeco website) located at www.safeco.com. 62. Safeco provides its customers with the option to purchase Safeco Products,

including its auto insurance products, directly from the Safeco website or through a Safeco agent. 63. When purchasing directly from the Safeco website Safeco customers can search

for Safeco agents based on address information entered by the consumer. 64. When purchasing directly from the Safeco website, Safeco customers can select a

Safeco agent from a list of Safeco agents generated from the address information entered by the consumer. 65. Safeco calculates an amount of compensation to be designated for receipt by an

Safeco agent for purchases made by its customers directly from the Safeco website. 66. Safeco compensates Safeco agents for purchases made by its customers directly

from the Safeco website. 67. Safeco agents do not participate in the purchases made by customers directly from

the Safeco website. Liberty Mutual 68. Liberty Mutual is an insurance company providing insurance products including

auto insurance. 69. Liberty Mutual offers its products for resale, including its auto insurance

products, through authorized Liberty Mutual agents (Liberty Mutual agents).

70.

Liberty Mutual offers its products for direct sale, including its auto insurance

products, on its website (the Liberty Mutual website) located at www.Liberty Mutual.com. 71. Liberty Mutual provides its customers with the option to purchase Liberty Mutual

Products, including its auto insurance products, directly from the Liberty Mutual website or through a Liberty Mutual agent. 72. When purchasing directly from the Liberty Mutual website Liberty Mutual

customers can search for Liberty Mutual agents based on address information entered by the consumer. 73. When purchasing directly from the Liberty Mutual website, Liberty Mutual

customers can select a Liberty Mutual agent from a list of Liberty Mutual agents generated from the address information entered by the consumer. 74. Liberty Mutual calculates an amount of compensation to be designated for receipt

by a Liberty Mutual agent for purchases made by its customers directly from the Liberty Mutual website. 75. Liberty Mutual compensates Liberty Mutual agents for purchases made by its

customers directly from the Liberty Mutual website. 76. Liberty Mutual agents do not participate in the purchases made by customers

directly from the Liberty Mutual website. COUNT 1 (INFRINGEMENT OF U.S. PATENT NO. 6,594,641) (ALL DEFENDANTS) 77. Reshare realleges and incorporates herein by reference the allegations contained

in Paragraphs 1 through 76. 10

78.

The Defendants have been, and/or continue to be, literally or equivalently

infringing the 641 patent, directly and/or indirectly, by making, using, marketing, selling, offering to sell, licensing and/or supporting systems, websites, products and/or services covered by one or more claims of the 641 patent. 79. Reshare has been damaged by the Defendants infringement, and will continue to

suffer damage and irreparable injury until the infringement is enjoined by this Court. 80. Reshare is entitled to injunctive relief and damages in accordance with 35 U.S.C.

271, 281, 283, 284, and 287. JURY DEMAND 81. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Reshare hereby

respectfully requests a jury trial on all issues and claims so triable. PRAYER FOR RELIEF WHEREFORE, Reshare prays for judgment as follows: A. That the Defendants have infringed, contributorily infringed and/or

actively induced others to infringe the 641 patent. B. That, in accordance with 35 U.S.C. 283, the Defendants, and all

affiliates, employees, agents, officers, directors, attorneys, successors and assigned, and all those acting on behalf of or in active concert or participation with any of them, be enjoined from infringing, contributorily infringing and/or inducing others to infringe the 641 patent. C. That Reshare be awarded damages sufficient to compensate it for the

Defendants infringement of the 641 patent. D. That Reshare be awarded pre-judgment and post-judgment interest; and

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E. just and proper.

That Reshare be awarded such other and further relief as this Court deems

Respectfully submitted, Dated: September 12, 2011 s/ Dwight G. Rabuse Dwight G. Rabuse (0209429) Joshua P. Brotemarkle (386581) Erin E. Neils (390381) RABUSE LAW FIRM, P.A. The Historic Rand Tower 527 Marquette Avenue, Suite 1530 Minneapolis, MN 55402 Tel.: 612-843-3333 Fax: 612-843-3330 Email: dwight@rabuselaw.com Email: josh@rabuselaw.com Email: erin@rabuselaw.com

Steven R. Daniels W. Bryan Farney Mary C. Jacob FARNEY DANIELS, LLP 800 S. Austin Avenue, Suite 200 Georgetown, Texas 78626 Tel: 512-582-2828 Fax: 512-582-2829 Email: sdaniels@farneydaniels.com Email: bfarney@farneydaniels.com Email: mjacob@farneydaniels.com Attorneys for Plaintiff Reshare Commerce, LLC

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