UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SOUTHWEST EFUEL NETWORK, LLC, a Texas company

Plaintiff, vs. CATALINA MARKETING CORPORATION, a Delaware Corporation; Defendant.

Civil Action No. 3:12-cv-00675 JURY TRIAL DEMANDED

ORIGINAL COMPLAINT Plaintiff Southwest Efuel Network, LLC (Plaintiff or Southwest Efuel), files this Original Complaint against Catalina Marketing Corporation (Catalina) alleging as follows: THE PARTIES 1. Plaintiff, Southwest Efuel is a limited liability company organized under the laws

of the state of Texas, having its principal place of business at 5070 Mark IV Parkway, Fort Worth, Texas 76106. 2. Defendant Catalina, on information and belief, is a corporation organized under

the laws of the state of Delaware, and has a principal place of business at 200 Carillon Parkway, St. Petersburg, Florida 33716. Catalina may be served by issuing the citation through its registered agent, CT Corporation System at 350 N. Saint Paul St, Dallas, Texas 75201. JURISDICTION & VENUE 3. This is an action for infringement of a United States patent. Accordingly, this

action arises under the patent laws of the United States of America, 35 U.S.C. 1 et seq., and jurisdiction is properly based on 35 U.S.C. 271 and 28 U.S.C. 1338(a). 4. Venue is proper in this district under 28 U.S.C. 1391(b-c) and 1400(b). The

Plaintiff resides in this judicial district and, upon information and belief, the Defendant transacts or has transacted business in this judicial district, or committed and/or induced acts of patent infringement in this district. These purposeful acts and/or transactions in Texas are such that Catalina should reasonably know and expect that it could be hailed into a Texas court. PATENT INFRINGEMENT COUNT 5. On June 1, 1999, United States Patent No. 5,909,673 (the 673 patent) entitled

Method and System for Creating Site Specific Coupons at a Plurality of Remote Locations Which Are Controlled by a Central Office was duly and legally issued. Southwest Efuel is the assignee of the 673 patent with rights to sue for past, present, and future damages. A copy of the 673 patent is attached hereto as Exhibit A. The 673 patent describes a method and system for creating a site specific coupon or other document that is printed out at a remote location, thereby eliminating the need for preprinted forms. 6. 7. Pursuant to 35 U.S.C. 282, the 673 patent is presumed valid. To the extent necessary, Plaintiff has complied with the notice and marking

requirements of 35 U.S.C. 287. 8. Catalina offers, through its Catalina Real-Time (CRT) system, a centralized

server that delivers the information necessary to generate coupons at stores. Upon information and belief, Catalina operates two central data processing facilities or servers that transmit instructions to computers or servers installed in retail stores that then transmit printing instructions to remote printers located adjacent to each cash register. The system combines general coupon templates with site specific information including codes and information identifying the store at which the coupon was printed. The CRT system captures a consumers transactions and delivers coupons in near real time to the store and subsequently the printer at the

consumers checkout station. 9. Catalina, on information and belief, utilizes a system for creating site specific

coupons at a plurality of remote locations which are controlled by a home office that infringes at least claims 1, 2, 5, 6, 9, and 11 of the 673 patent. By making, operating, using, and/or selling such a coupon system Catalina has infringed and continues to infringe, contribute to the infringement of, or induce the infringement of at least claims least claims 1, 2, 5, 6, 9, and 11 of the 673 patent, either literally or under the doctrine of equivalents. 10. Accordingly, Catalinas acts of infringement of the 673 patent, as alleged above,

have injured Plaintiff and thus, Plaintiff is entitled to recover damages adequate to compensate it for Catalinas acts of infringement, which in no event can be less than a reasonable royalty. DEMAND FOR JURY TRIAL 11. Plaintiff hereby demands a jury trial on all claims and issues. PRAYER FOR RELIEF Wherefore, Plaintiff prays for entry of judgment: A. that Defendant Catalina Marketing Corporation has infringed one or more claims,

specifically claims 1, 2, 5, 6, 9, and 11 of the 673 patent; B. that Defendant Catalina Marketing Corporation accounts for and pays to Plaintiff

all damages caused by the infringement of the 673 patent, which by statute can be no less than a reasonable royalty; C. that Plaintiff be granted pre-judgment and post-judgment interest on the damages

caused to it by reason of Defendant Catalina Marketing Corporations infringement of the 673 patent; D. that costs be awarded to Plaintiff; and

E.

that Plaintiff be granted such other and further relief as the Court may deem just

and proper under the current circumstances.

Dated: March 6, 2012

Respectfully submitted, /s/ Edward W. Goldstein Edward W. Goldstein Texas Bar No. 08009500 Gregg L. Goldstein Texas Bar No. 24044918 GOLDSTEIN & LIPSKI, PLLC 1177 West Loop South, Suite 400 Houston, Texas 77027 Tel: (713) 877-1515 Fax: (713) 877-1515 Email: egoldstein@gliplaw.com Email: ggoldstein@gliplaw.com

Of Counsel Alisa A. Lipski Texas Bar No. 24041345 GOLDSTEIN & LIPSKI, PLLC 1177 West Loop South, Suite 400 Houston, Texas 77027 Tel: (713) 877-1515 Fax: (713) 877-1515 Email: alipski@gliplaw.com Jonathan T. Suder FRIEDMAN, SUDER & COOKE Tindall Square Warehouse No. 1 604 East Fourth Street, Suite 200 Fort Worth, Texas 76102 Tel: (817) 334-0400 Fax: (817) 334-0401 Email: jts@gsclaw.com ATTORNEYS FOR PLAINTIFF