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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PI-NET INTERNATIONAL, INC., Plaintiff, v.

BANK OF AMERICA CORP. and MERRILL LYNCH & CO., INC. Defendants. ____________________________________________ C.A. No. _______ _

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Pi-Net International, Inc. hereby files this complaint for patent infringement against Bank Of America Corp. and Merrill Lynch & Co., Inc., and alleges upon information and belief as follows: PARTIES 1. Plaintiff Pi-Net International, Inc. ("Pi-Net") is a California corporation

with its principal place of business at 222 Stanford Avenue, Menlo Park, California 94025. Pi-Net has been a provider of innovative software products, services and solutions that enable distributed transaction processing and control over public and private networks, including, without limitation, the Internet and the World-Wide Web. 2. The patents asserted here were issued to Dr. Lakshmi Arunachalam, Pi-

Net’s founder. Having a priority date of 1995, the patents disclose the fundamental technology underlying Web commerce by use of Web applications, which had

exemplified the pioneering technology by reference to the specific online banking services on the Web that are reflected in the Defendants’ accused systems. 3. Defendant Bank of America Corporation (“BOA”) is a Delaware

corporation with its registered office at The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street Wilmington, New Castle County, DE 19801. BOA maintains a principal place of business at 100 North Tryon Street, Charlotte, North Carolina 28255. BOA is one of the world’s largest financial institutions, serving individual consumers, small- and middle-market businesses, institutional investors, large corporations and governments with a full range of banking, investing, asset management and other financial and risk management products and services. Through its banking and various nonbanking subsidiaries throughout the United States and in international markets, BOA provides a diversified range of banking and nonbanking financial services and products through business segments which include Deposits, Card Services, Consumer Real Estate Services (CRES), Global Commercial Banking, Global Banking & Markets (GBAM) and Global Wealth & Investment Management (GWIM), and Other. 4. Defendant Merrill Lynch & Co., Inc. (“MLC”) is a Delaware corporation

with its registered office at The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street Wilmington, New Castle County, DE 19801. MLC is one of the wholly-owned subsidiaries of Defendant Bank of America Corporation and it maintains a principal place of business at 4 World Financial Center, 250 Vesey Street, New York, NY 10080.

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JURISDICTION AND VENUE 5. This is an action for patent infringement arising 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. This Court has personal jurisdiction over the Defendants by virtue of their

incorporation in the State of Delaware, and their presence and business activities within this judicial district. 7. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b),

1391(c) and 1400(b). BACKGROUND 8. On November 16, 1999, the United States Patent and Trademark Office

duly and legally issued U.S. Patent No. 5,987,500 (“the ’500 Patent”), entitled “ValueAdded Network System For Enabling Real-Time, By-Directional Transactions On A Network,” to Dr. Lakshmi Arunachalam. Pi-Net is the assignee of all rights, title, and interest in the ’500 Patent, including the right to recover damages for past infringement. A copy of the ’500 Patent is attached to the Complaint as Exhibit A. 9. On October 11, 2011, the United States Patent and Trademark Office duly

and legally issued U.S. Patent No. 8,037,158 (“’158 Patent”), entitled “Multimedia Transactional Services,” to Dr. Lakshmi Arunachalam. Pi-Net is the assignee of all rights, title, and interest in the ’158 Patent, including the right to recover damages for past infringement. A copy of the ’158 Patent is attached to the Complaint as Exhibit B. 10. On January 31, 2012, the United States Patent and Trademark Office duly

and legally issued U.S. Patent No. 8,108,492 (“’492 Patent”), entitled “Web Application

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Network Portal,” to Dr. Lakshmi Arunachalam. Pi-Net is the assignee of all rights, title, and interest in the ’492 Patent, including the right to recover damages for past infringement. A copy of the ’492 Patent is attached to the Complaint as Exhibit C. 11. BOA provides online banking services via electronic means accessible at

least through its website including, but not limited to the website https://www.bankofamerica.com, whose features are exemplified, in part, by the following screenshot:

12.

MLC provides online brokerage and banking services via electronic means

accessible at least through its website including, but not limited to the website http://www.ml.com, whose features are partially exemplified by the following screenshot demonstrating the MLC system affords the transferring of funds from an MLC checking account to a savings account in real-time:

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COUNT I C (Infringemen of the ’500 Patent) ( nt 0 13. 14. i-Net incorpo orates and re ealleges para agraphs 1- 12 2. Pi BO has direc infringe and is con OA ctly ed ntinuing to in nfringe one o more or

claim of the ’500 Patent by operating wi ms 0 o ithout author one or m rity more systems which are reflec in the website https://www.bank cted w kofamerica.c com. Specif fically, BOA infringed A and in nfringes, bec cause (i) it operated and continues to operate app o o plications an software nd including, but not limited to, those maintained on ser rvers located in and/or ac d ccessible from the United States under BOA’s control that, as r S reflected in t website, inter alia, the provi a means for switchin to a plural of bankin transactio applicat ide ng lity ng onal tions in respo onse to a user specificatio from one of several n on e network appl lications on one of the g website’s webpag with the transaction applicatio providing a plurality of ges, e nal ons y transa actional inte eractive real time service managed b BOA to t user, whi BOA es by the ile

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keeps the transaction flow captive, and including a means for transmitting a transaction request from the transactional application; and means for processing the transaction request, and (ii) utilized and is utilizing computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs the foregoing. The BOA system infringes at least claims 1-3, 5 and 6, and its operation of the system infringes claims 10-12, 15 and 16. 15. MLC has directly infringed and is continuing to infringe one or more

claims of the ’500 Patent by operating without authority one or more systems which are reflected in the website http://www.ml.com. Specifically, MLC infringed and infringes, because (i) it operated and continues to operate applications and software including, but not limited to, those maintained on servers located in and/or accessible from the United States under MLC’s control that, as reflected in the website, inter alia, provide a means for switching to a plurality of banking transactional applications in response to a user specification from one of several network applications on one of the website’s webpages, with the transactional applications providing a plurality of transactional interactive real time services managed by BOA to the user, while BOA keeps the transaction flow captive, and including a means for transmitting a transaction request from the transactional application; and means for processing the transaction request, and (ii) utilized and is utilizing computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs the foregoing. The MLC system infringes at least claims 1-3, 5 and 6, and its operation of the system infringes the claims 10-12, 15 and 16.

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16.

Defendants’ infringement has injured Plaintiff. Accordingly, Plaintiff is

entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty, and an injunction to prohibit further infringement of the ‘500 Patent or future compensation for use of the inventions. COUNT II (Infringement of the ’158 Patent) 17. 18. Pi-Net incorporates and realleges paragraphs 1- 12. BOA has directly infringed and is continuing to infringe one or more

claims of the ’158 Patent by operating without authority one or more systems which are reflected in the website https://www.bankofamerica.com. Specifically, BOA has operated applications and software including, but not limited to, those maintained on servers located in and/or accessible from the United States under BOA’s control that, as reflected in the website, inter alia, provide a Web page for display on a computer system coupled to an input device; provide a point-of-service application as a selection within the Web page, wherein the point-of-service application provides access to both a checking and savings account, the point-of-service application operating in a service network atop the World Wide Web; accept a first signal from the Web user input device to select the point-of-service application; accept subsequent signals from the Web user input device; and transfer funds from the checking account to the savings account in realtime utilizing a routed transactional data structure that is both complete and non-deferred, in addition to being specific to the point-of-service application, the routing occurring in response to the subsequent signals. BOA infringes at least claims 1-6 of the ‘158 Patent.

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19.

MLC has directly infringed and is continuing to infringe one or more

claims of the ’158 Patent by operating without authority one or more systems which are reflected in the website https://www.ml.com. Specifically, MLC has operated applications and software including, but not limited to, those maintained on servers located in and/or accessible from the United States under BOA’s control that, as reflected in the website, inter alia, provide a Web page for display on a computer system coupled to an input device; provide a point-of-service application as a selection within the Web page, wherein the point-of-service application provides access to both a checking and savings account, the point-of-service application operating in a service network atop the World Wide Web; accept a first signal from the Web user input device to select the pointof-service application; accept subsequent signals from the Web user input device; and transfer funds from the checking account to the savings account in real-time utilizing a routed transactional data structure that is both complete and non-deferred, in addition to being specific to the point-of-service application, the routing occurring in response to the subsequent signals. MLC infringes at least claims 1-6 of the ‘158 Patent. 20. Defendants’ infringement has injured Plaintiff. Accordingly, Plaintiff is

entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty, and an injunction to prohibit further infringement of the ‘158 Patent or future compensation for use of the inventions. COUNT III (Infringement of the ’492 Patent) 21. Pi-Net incorporates and realleges paragraphs 1- 12.

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22.

BOA has directly infringed and is continuing to infringe one or more

claims of the ’492 Patent by operating without authority one or more systems which are reflected in the website https://www.bankofamerica.com. Specifically, BOA infringed and infringes, because (i) it operated and continues to operate applications and software including, but not limited to, those maintained on servers located in and/or accessible from the United States under BOA’s control that, as reflected in the website, comprise, inter alia, a Web server, including a processor and a memory, for offering one or more Web applications as respective point-of-service applications in a point-of-service application list on a Web page; each Web application of the one or more Web applications for requesting a real-time Web transaction; a value-added network (VAN) switch running on top of a facilities network selected from a group consisting of the World Wide Web, the Internet and an e-mail network, the VAN switch for enabling the real-time Web transactions from the one or more Web applications; a service network running on top of the facilities network for connecting through the Web server to a backend transactional application; and a computer system executing the Back-end transactional application for processing the transaction request in real-time, and (ii) utilized and is utilizing computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs the foregoing. BOA’s system infringes at least claims 1-3 and 5-8, and BOA’s method of operating the system infringes claim 10. 23. MLC has directly infringed and is continuing to infringe one or more

claims of the ’492 Patent by operating without authority one or more systems which are reflected in the website https://www.ml.com. Specifically, MLC infringed and infringes, because (i) it operated and continues to operate applications and software including, but

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not limited to, those maintained on servers located in and/or accessible from the United States under MLC’s control that, as reflected in the website, comprise, inter alia, a Web server, including a processor and a memory, for offering one or more Web applications as respective point-of-service applications in a point-of-service application list on a Web page; each Web application of the one or more Web applications for requesting a realtime Web transaction; a value-added network (VAN) switch running on top of a facilities network selected from a group consisting of the World Wide Web, the Internet and an email network, the VAN switch for enabling the real-time Web transactions from the one or more Web applications; a service network running on top of the facilities network for connecting through the Web server to a back-end transactional application; and a computer system executing the Back-end transactional application for processing the transaction request in real-time, and (ii) utilized and is utilizing computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs the foregoing. MLC’s system infringes at least claims 1-3 and 5-8, and MLC’s method of operating the system infringes claim 10. 24. Defendants’ infringement has injured Plaintiff. Accordingly, Plaintiff is

entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty. 25. Defendants’ infringement has injured and will continue to injure Plaintiff,

unless and until this Court enters an injunction prohibiting further infringement of the ‘492 Patent.

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PRAYER FOR RELIEF WHEREFORE, Plaintiff asks this Court to enter judgment against Defendants and against Defendants’ subsidiaries, affiliates, agents, servants, employees and all persons in active concert or participation with them, granting the following relief: A. An award of damages adequate to compensate Plaintiff for the

infringement that has occurred, together with prejudgment interest from the date infringement of the ‘500, ‘158 and ‘492 Patents began; B. C. D. An award to Plaintiff of all remedies available under 35 U.S.C. § 284; An award to Plaintiff of all remedies available under 35 U.S.C. § 285; A permanent injunction under 35 U.S.C. § 283 prohibiting further

infringement of the ‘500, ‘158 and ‘492 Patents, and, in the alternative, in the event injunctive relief is not granted as requested by Plaintiff, an award of a compulsory future royalty; and E. just. JURY DEMAND Plaintiff demands a trial by jury on all issues so triable. Such other and further relief as this Court or a jury may deem proper and

DATED:

March 6, 2012

/s/ George Pazuniak__________ George Pazuniak (DE Bar No. 478) PAZUNIAK LAW OFFICE LLC 1201 North Orange Street 7th floor, Suite 7114 Wilmington, DE 19801-1186 Tel: 302-478-4230 GP@del-iplaw.com Attorneys for Plaintiff Pi-Net International, Inc.

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