1 CENTML DISTRICT OF ~f9l:t~!!a 1 ~ D~UN 10 CENTRAL DISTRICT OF CALIFORNIA. ) COMPLAINT FOR PATENT ) INFRINGEMENT 14 ) TRIAL BY JURY DEMANDED ) )

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1 1 Matt Olavi, Esq. (Bar No. 595) Brian J. Dunne, Esq. (Bar No. 59) OLA VI DUNNE LLP 00 Wilshire Blvd., Suite 0 5 Los Angeles, California 9001 Telephone: (1) Facsimile: (1) 5-9 Attorneys for Plaintiff Eclipse IP LLC FILED CLERK, U.S. DISTIIICTCOUi '. ; [ ; ;o_~~-- 1 CENTML DISTRICT OF ~f9l:t~!!a 1 ~ D~UN ' 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. ECLIPSE IP LLC, a Florida Limited ) cac VJ - 1 J'l-f>(!_ {_ f(! 1C_) 1 Liability Company, ) 1 Plaintiff, ) COMPLAINT FOR PATENT ) INFRINGEMENT 1 ) V. ) TRIAL BY JURY DEMANDED ) FLYWHEEL SOFTWARE, INC., a ) Delaware Corporation, ) 1 ) Defendant. 1 ) ) ) 0 ) 1 5

2 --._/ 1 Plaintiff Eclipse IP LLC ("Eclipse"), by and through counsel, complains against Flywheel Software, Inc. ("Flywheel") as follows: NATURE OF LAWSUIT 5 1. This is a suit for patent infringement arising under the patent laws of the United States, Title 5 of the United States Code 1 et seq. This Court has exclusive jurisdiction over the subject matter of the Complaint under U.S.C and 1(a). 1 PARTIES AND PATENTS. Eclipse is a company organized under the laws of Florida and having 1 a principal place of business at 1 NW 1th St, Delray Beach, Florida. 1. Eclipse owns all right, title, and interest in and has standing to sue for infringement of United States Patent No.,0,1 ("the '. ~ patent"), entitled 1 "Response systems and methods for notification systems" (Exhibit A); United 1 0 States Patent No.,,95 ("the '95 patent"), entitled "Response systems and methods for notification systems for modifying future notifications" (Exhibit B); 1 United States Patent No.,9,99 ("the '99 patent"), entitled "Notification systems and methods enabling a response to cause connection between a notified PCD and a delivery or pickup representative" (Exhibit C); United States Patent No. 5, 9,901 ("the '90 1 patent"), entitled "Mobile thing determination systems and methods based upon user-device location" (Exhibit D); and United States Patent No.,5,91 ("the '91 patent"), entitled "Mobile thing determination systems 1

3 1 and methods based upon user-device location" (Exhibit E) (collectively, "the Eclipse Patents").. On information and belief, Flywheel is a corporation existing under 5 the laws of Delaware. 5. On information and belief, Flywheel does regular business in this Judicial District and conduct leading to Flywheel's acts of infringement has 9 occurred in this Judicial District. 1. JURISDICTION AND VENUE This Court has personal jurisdiction over Flywheel because it has 1 engaged in continuous and systematic business in California; upon information and 1 belief, derives substantial revenues from commercial activities in California; and upon information and belief, is operating and/or supporting products or services 1 that fall within one or more claims of Eclipse's patents in this District. 1. Venue is proper in this District under U.S.C. 191(b) and (c) 0 and U.S.C. 0(a) at least because the claim arises in this Judicial District, 1 Flywheel may be found and transacts business in this Judicial District, and injuries suffered by Plaintiff took place in this Judicial District. Flywheel is subject to the general and specific personal jurisdiction of this Court at least because of its 5 contacts with the State of California. Ill Ill

4 1 FACTUAL BACKGROUND. On information and belief, Flywheel designs, makes, advertises, and/or distributes a mobile application ("the Flywheel Application") that connects 5 users of the Flywheel Application with drivers of cars for hire ("Flywheel Drivers"). 9. On information and belief, users of the Flywheel Application can use 9 their smartphone or tablet computer ("tablet") to request that a vehicle pick them 1 up from a given location.. On information and belief, when a user opens the Flywheel 1 Application, Flywheel tracks the location of the user's smartphone or tablet and 1 attempts to pinpoint the user on a map. Flywheel also tracks the location of Flywheel Drivers. A non-limiting, exemplary image appears below: Atllin Art Museum *tmi\r1 ) ~~~ : =~ 5 ///

5 1. On information and belief, when the user of the Flywheel Application selects a pickup location, Flywheel sends a pickup request to the closest available Flywheel Driver. If that Flywheel Driver declines or is non-responsive, Flywheel 5 sends the pickup request to other Flywheel Drivers. When Flywheel receives a 9 1 response indicating that a Flywheel Driver will accept the fare, Flywheel notifies the user in at least one way. A non-limiting, exemplary image appears below: On information and belief, through the Flywheel Application, Flywheel displays the location of the Flywheel Driver, the pickup location, and the 5 Ill time until the Flywheel Driver's arrival at the pickup location, allowing the user of the Flywheel Application to track the Flywheel Driver's progress. I I I

6 1 1. On information and belief, through the Flywheel Application, Flywheel allows the user to communicate with the driver or cancel the trip. Non- limiting, exemplary images appear below: On information and belief, Flywheel also notifies the user of the 1 Flywheel Application in at least one way when the Flywheel Driver is arriving at the indicated pickup location. A non-limiting, exemplary image appears below: Ill 5

7 1 FLYWHEEL'S ACTS OF PATENT INFRINGEMENT. Eclipse reiterates and reincorporates the allegations set forth in paragraphs 1 through 1 above as if fully set forth herein. 5. Flywheel owns, uses, deploys, and/or operates at least one service and/or system for booking a taxi electronically. 1. The at least one service and/or system allows users of a smartphone or 9 tablet to request a taxi to pick them up To implement the at least one service and/or system, Flywheel created and/or developed at least one smartphone application- the Flywheel Application- 1 which plays a material role in the at least one car booking service and/or system. 1. The Flywheel Application is available on several different platforms, including but not limited to on smartphones and tablets running versions of Apple 1 Inc.'s ios platform and Google, Inc.'s Android platform Among other things, the Flywheel Application allow users to schedule or arrange a pickup on their smartphone or tablet, and track the status of the 1 vehicle on a map. 1. Among other things, Flywheel tracks the location of the user's smartphone or tablet, tracks the location of a smartphone being used by each 5 Flywheel Driver, distributes requests for pickups received from users of the Flywheel Application, receives responses from at least one Flywheel Driver, and notifies the user when their vehicle is arriving at the pickup location.

8 1 CLAIMS FOR RELIEF COUNT1 (Patent Infringement of U.S. Patent No.,0,1 Under 5 U.S.C. 1 et seq.) 5. Eclipse reiterates and reincorporates the allegations set forth in paragraphs 1 through 1 above as if fully set forth herein.. On June 0, 00, the United States Patent and Trademark Office 9 duly and legally issued United States Patent No.,0,1, entitled "Response 1 systems and methods for notification systems." Eclipse is the owner of the entire right, title and interest in and to the '1 patent. A true and correct copy of the '1 1 patent is attached as Exhibit A to this Complaint. 1. The '1 patent is valid and enforceable. 5. Eclipse is informed and believes, and thereupol! ~lieges, that: 1 ( 1) Flywheel has infringed and continues to infringe one or more claims of the '1 1 0 patent, literally and/or under the doctrine of equivalents and additionally and/or in the alternative, () Flywheel has actively induced and continues to actively induce 1 and/or has contributed to and continues to contribute to the infringement of one or more claims of the '1 patent in this District and elsewhere in the United States.. On information and belief, Flywheel has directly infringed and 5 continues to directly infringe one or more claims of the '1 patent, in violation of 5 U.S.C. 1(a), by, among other things, making, using, offering for sale, and/or selling a method for communication in connection with a computer-based

9 1 notification system to, for example: notify a Flywheel Driver of a requested pickup; receive a response indicating whether or not the Flywheel Driver will perform the pickup; if the Flywheel Driver will perform the pickup, refrain from 5 sending additional notifications to the Flywheel Driver until detection of one or more events indicating that the user's trip is complete; and if the Flywheel Driver will not pickup the user, notify another Flywheel Driver in order to request 9 assistance in picking up the user.. Additionally and/or in the alternative, on information and belief, 1 Flywheel has actively induced and continues to actively induce and/or has 1 contributed to and continues to contribute to the infringement of one or more 1 claims of the '1 patent, in violation of5 U.S.C. 1(b) and/or (c), by, among other things, actively, knowingly, and intentionally encouraging, aiding, and/or 1 abetting others to make, use, offer for sale, and/or sell portions of a computer- 1 based notification system that infringes one or more claims of the '1 patent, with 0 the specific intent to encourage infringement and with the knowledge that the 1 making, using, offering to sell, and/or selling of such a system would constitute infringement.. On information and belief, Flywheel has had knowledge of the '1 5 patent at least as early as the filing of this Complaint. Additionally, at least as early as the filing of this Complaint, Flywheel knew or should have known that its continued offering, use, deployment, and/or operation of the at least one service

10 1 and/or system for booking a taxi electronically and its continued support of others, ; if those parties perform any limitations of one or more of the claims of the '1 patent, would induce direct infringement of the '1 patent On information and belief, Flywheel's aforesaid infringing activity 1 has been done with knowledge and willful disregard of Eclipse's patent rights, making this an exceptional case within the meaning of 5 U.S.C Flywheel's aforesaid infringing activity has directly and proximately caused damage to Plaintiff Eclipse, including loss of profits from sales and/or licensing revenues it would have made but for the infringements. Unless enjoined, 1 the aforesaid infringing activity will continue and cause irreparable injury to Eclipse for which there is no adequate remedy at law. COUNT (Patent Infringement of U.S. Patent No.,,95 Under 5 U.S.C. 1 et seq.) 1. Eclipse reiterates and reincorporates the allegations set forth in paragraphs 1 through 0 above as if fully set forth herein. 1. On January, 009, the United States Patent and Trademark Office duly and legally issued United States Patent No.,,95, entitled "Response systems and methods for notification systems for modifying future notifications." 5 Eclipse is the owner of the entire right, title and interest in and to the '95 patent. A true and correct copy of the '95 patent is attached as Exhibit B to this Complaint.

11 ~ 1. The '95 patent is valid and enforceable.. Eclipse is informed and believes, and thereupon alleges, that: ( 1) Flywheel has infringed and continues to infringe one or more claims of the '95 5 patent, literally and/or under the doctrine of equivalents and additionally and/or in, the alternative, () Flywheel has actively induced and continues to actively induce and/or has contributed to and continues to contribute to the infringement of one or 9 more claims of the '95 patent in this District and elsewhere in the United States On information and belief, Flywheel has directly infringed and continues to directly infringe one or more claims of the '95 patent, in violation of 1 5 U.S.C. 1(a), by, among other things, making, using, offering for sale, 1 and/or selling a method for a computer-based notification system to, for example: schedule a time for a taxi to arrive at a pickup location; schedule a notification 1 communication when the taxi arrives; determine a change in the schedule of the 1 0 taxi; notify the user of the change in schedule; and allow the user to cancel the later-scheduled notification. 1. Additionally and/or in the alternative, on information and belief, Flywheel has actively induced and continues to actively induce and/or has contributed to and continues to contribute to the infringement of one or more 5 claims of the '95 patent, in violation of5 U.S.C. 1(b) and/or (c), by, among other things, actively, knowingly, and intentionally encouraging, aiding, and/or abetting others to make, use, offer for sale, and/or sell portions of a computer-

12 ~. 1 based notification system that infringes one or more claims of the '95 patent, with the specific intent to encourage infringement and with the knowledge that the making, using, offering to sell, and/or selling of such a system would constitute 5 infringement.. On information and belief, Flywheel has had knowledge of the '95 patent at least as early as the filing of this Complaint. Additionally, at least as 9 early as the filing of this Complaint, Flywheel knew or should have known that its 1 continued offering, use, deployment, and/or operation of the at least one service and/or system for booking a taxi electronically and its continued support of others, 1 if those parties perform any limitations of one or more of the claims of the '95 1 patent, would induce direct infringement of the '95 patent.. On information and belief, Flywheel's aforesaid infringing activity 1 has been done with knowledge and willful disregard of Eclipse's patent rights, 1 mak-ing this an exceptional case within the meaning of5 U.S.C Flywheel's aforesaid infringing activity has directly and proximately 1 caused damage to Plaintiff Eclipse, including loss of profits from sales and/or licensing revenues it would have made but for the infringements. Unless enjoined, the aforesaid infringing activity will continue and cause irreparable injury to 5 Eclipse for which there is no adequate remedy at law. Ill I I I 1

13 1 COUNT (Patent Infringement of U.S. Patent No.,9,99 Under 5 U.S.C. 1 et seq.) 0. Eclipse reiterates and reincorporates the allegations set forth in 5 paragraphs 1 through 9 above as if fully set forth herein. 1. On January 0, 009, the United States Patent and Trademark Office duly and legally issued United States Patent No.,9,99, entitled "Notification 9 systems and methods enabling a response to cause connection between a notified 1 PCD and a delivery or pickup representative." Eclipse is the owner of the entire right, title and interest in and to the '99 patent. A true and correct copy of the '99 1 patent is attached as Exhibit C to this Complaint. 1. The '99 patent is valid and enforceable.. Eclipse is informed and believes, and thereupon alleges, that: (1) 1 Flywheel has infringed and continues to infringe one or more claims of the ' patent, literally and/or under the doctrine of equivalents and additionally and/or in the alternative, () Flywheel has actively induced and continues to actively induce 1 and/or has contributed to and continues to contribute to the infringement of one or more claims of the '99 patent in this District and elsewhere in the United States.. On information and belief, Flywheel has directly infringed and 5 continues to directly infringe one or more claims of the '99 patent, in violation of 5 U.S.C. 1(a), by, among other things, making, using, offering for sale, and/or selling a method for an automated notification system to, for example: 1

14 1 monitor the location of a FlywheeVuser; notify the user when the taxi is approaching the pickup location; and enable the user to communicate with the Flywheel Driver Additionally and/or in the alternative, on information and belief, Flywheel has actively induced and continues to actively induce and/or has contributed to and continues to contribute to the infringement of one or more 9 claims of the '99 patent, in violation of5 U.S.C. 1(b) and/or (c), by, among other things, actively, knowingly, and intentionally encouraging, aiding, and/or 1 abetting others to make, use, offer for sale, and/or sell portions of an automated 1 notification system that infringes one or more claims of the '99 patent, with the 1 specific intent to encourage infringement and with the knowledge that the making, using, offering to sell, and/or selling of such a system would constitu~e 1 infringement. 1. On information and belief, Flywheel has had knowledge of the '99 0 patent at least as early as the filing of this Complaint. Additionally, at least as 1 early as the filing of this Complaint, Flywheel knew or should have known that its continued offering, use, deployment, and/or operation of the at least one service and/or system for booking a taxi electronically and its continued support of others, 5 if those parties perform any limitations of one or more of the claims of the '99 patent, would induce direct infringement of the '99 patent. Ill

15 1. On information and belief, Flywheel's aforesaid infringing activity has been done with knowledge and willful disregard of Eclipse's patent rights, making this an exceptional case within the meaning of 5 U.S.C Flywheel's aforesaid infringing activity has directly and proximately caused damage to Plaintiff Eclipse, including loss of profits from sales and/or licensing revenues it would have made but for the infringements. Unless enjoined, 9 the aforesaid infringing activity will continue and cause irreparable injury to Eclipse for which there is no adequate remedy at law. COUNT (Patent Infringement of U.S. Patent No.,9,901 Under 5 U.S.C. 1 et seq.) 9. Eclipse reiterates and reincorporates the allegations set forth in paragraphs 1 through above as if fully ~e~ _forth herein On January 0, 009, the United States Patent and Trademark Office 1 0 duly and legally issued United States Patent No.,9,901, entitled "Mobile thing determination systems and methods based upon user-device location." Eclipse is 1 the owner of the entire right, title and interest in and to the '901 patent. A true and correct copy of the '90 1 patent is attached as Exhibit D to this Complaint. 51. The '90 1 patent is valid and enforceable Eclipse is informed and believes, and thereupon alleges, that: ( 1) Flywheel has infringed and continues to infringe one or more claims of the '901 patent, literally and/or under the doctrine of equivalents and additionally and/or in 1

16 1 the alternative, () Flywheel has actively induced and continues to actively induce and/or has contributed to and continues to contribute to the infringement of one or more claims of the '901 patent in this District and elsewhere in the United States On information and belief, Flywheel has directly infringed and continues to directly infringe one or more claims of the '90 1 patent, in violation of 5 U.S.C. 1(a), by, among other things, making, using, offering for sale, 9 and/or selling a method for a notification system to, for example: monitor the 1 user's location; receive a request for a pickup; notify a Flywheel Driver of the requested pickup; receive a response from the Flywheel Driver; and communicate 1 the response to the user Additionally and/or in the alternative, on information and belief, Flywheel h~s _actively induced and continues to actively induce and/or has 1 contributed to and continues to contribute to the infringement of one or more 1 0 claims of the '901 patent, in violation of5 U.S.C. 1(b) and/or (c), by, among other things, actively, knowingly, and intentionally encouraging, aiding, and/or 1 abetting others to make, use, offer for sale, and/or sell portions of a notification system that infringes one or more claims of the '90 1 patent, with the specific intent. to encourage infringement and with the knowledge that the making, using, offering 5 to sell, and/or selling of such a system would constitute infringement. 55. On information and belief, Flywheel has had knowledge of the '901 patent at least as early as the filing of this Complaint. Additionally, at least as

17 -/ 1 early as the filing of this Complaint, Flywheel knew or should have known that its continued offering, use, deployment, and/or operation of the at least one service and/or system for booking a taxi electronically and its continued support of others, 5 if those parties perform any limitations of one or more of the claims of the '90 1 patent, would induce direct infringement of the '90 1 patent. 5. On information and belief, Flywheel's aforesaid infringing activity 9 has been done with knowledge and willful disregard of Eclipse's patent rights, 1 making this an exceptional case within the meaning of5 U.S.C Flywheel's aforesaid infringing activity has directly and proximately 1 caused damage to Plaintiff Eclipse, including loss of profits from sales and/or 1 licensing revenues it would have made but for the infringements. Unless enjoined, the aforesaid infringing activity will continue and cause irreparable injury to 1 Eclipse for which there is no adequate remedy at law. 1 0 COUNTS (Patent Infringement of U.S. Patent No.,5,91 Under 5 U.S.C. 1 et seq.) 1 5. Eclipse reiterates and reincorporates the allegations set forth in paragraphs 1 through 5 above as if fully set forth herein. 59. On May, 009, the United States Patent and Trademark Office 5 duly and legally issued United States Patent No.,5,91, entitled "Mobile thing determination systems and methods based upon user-device location." Eclipse is 1

18 1 the owner of the entire right, title and interest in and to the '91 patent. A true and correct copy of the '91 patent is attached as Exhibit E to this Complaint. 0. The '91 patent is valid and enforceable Eclipse is informed and believes, and thereupon alleges, that: ( 1) Flywheel has infringed and continues to infringe one or more claims of the '91 patent, literally and/or under the doctrine of equivalents and additionally and/or in 9 the alternative, () Flywheel has actively induced and continues to actively induce and/or has contributed to and continues to contribute to the infringement of one or 1 more claims of the '91 patent in this District and elsewhere in the United States. 1. On information and belief, Flywheel has directly infringed and 1 continues to directly infringe one or more claims of the '91 patent, in violation of 5 U.S.C. l(a), by, among other things, making, using, offering for sale, 1 and/or selling a method for implementation in connection with a computer-based 1 notification system to, for example: determine the user's location; identify a pickup 0 location; and notify the user when the taxi is approaching the pickup location. 1. Additionally and/or in the alternative, on information and belief, Flywheel has actively induced and continues to actively induce and/or has contributed to and continues to contribute to the infringement of one or more abetting others to make, use, offer for sale, and/or sell portions of a computer- 1

19 1 based notification system that infringes one or more claims of the '91 patent, with the specific intent to encourage infringement and with the knowledge that the making, using, offering to sell, and/or selling of such a system would constitute 5 infringement.. On information and belief, Flywheel has had knowledge of the '91 patent at least as early as the filing of this Complaint. Additionally, at least as 9 early as the filing of this Complaint, Flywheel knew or should have known that its continued offering, use, deployment, and/or operation of the at least one service 1 and/or system for booking a taxi electronically and its continued support of others, 1 if those parties perform any limitations of one or more of the claims of the '91 1 patent, would induce direct infringement of the '91 patent. 5. On information and belief, Flywheel's aforesaid infringing activity 1 caused damage to Plaintiff Eclipse; including loss of profits from sales and/or licensing revenues it would have made but for the infringements. Unless enjoined, the aforesaid infringing activity will continue and cause irreparable injury to 5 Eclipse for which there is no adequate remedy at law. Ill Ill 1

20 1 PRAYER FOR RELIEF WHEREFORE, Plaintiff Eclipse asks this Court to enter judgment against Flywheel and against each of Flywheel's respective subsidiaries, affiliates, agents, ' 5 servants, employees and all persons in active concert or participation with it, granting the following relief: 1. A judgment that Flywheel has infringed each and every one of the 9 Eclipse Patents;. A permanent injunction against Flywheel, its respective officers, 1 agents, servants, employees, attorneys, parent and subsidiary corporations, assigns 1 and successors in interest, and those persons in active concert or participation with 1 them, enjoining them from direct and indirect infringement of each and every one of the Eclipse Patents; 1. An award of damages adequate to compensate Eclipse for the 1 infringement that has occurred, together with prejudgment interest from the date 0 infringement of the Eclipse Patents began; 1. A reasonable royalty for Flywheel's use of Eclipse's patented technology, as alleged herein; 5. An award to Eclipse of all remedies available under 5 U.S.C. 5 and 5, including enhanced damages up to and including trebling of Eclipse's damages for Flywheel's willful infringement, and reasonable attorneys' fees and costs; and

21 1. Such other and further relief as this Court or a jury may deem proper and just. 5 DATED: August 0, OLA VI DUNNE LLP ~/~; By:_~----~ JURY DEMAND Matt Olavi Brian J. Dunne Attorneys for Plaintiff Eclipse IP LLC Eclipse demands a trial by jury on all issues so triable pursuant to Federal 1 Rule of Civil Procedure. 1 0 DATED: August 0, OLA VI DUNNE LLP Matt Olavi Brian J. Dunne Attorneys for Plaintiff Eclipse IP LLC

22 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES This case has been assigned to District Judge Magistrate Judge is Jacqueline Chooljian A_u_d_re...~..y_B_._C_ol_li_n_s and the assigned The case number on all documents ft.led with the Court should read as follows: CV1-1-ABC(JCx) Pursuant to General Order 05-0 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions. All discovery related motions should be noticed on the calendar of the Magistrate Judge. Clerk, U. S. District Court August 0, 01 Date By C. Sawyer Deputy Clerk NOTICE TO COUNSEL A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs). Subsequent documents must be filed at the following location: ~ Western Division 1 N. Spring Street, G- Los Angeles, CA 9001 D Southern Division West Fourth St., Ste 5 Santa Ana, CA 901 D Eastern Division 0 Twelfth Street, Room 1 Riverside, CA 9501 Failure to fde at the proper location will result in your documents being returned to you. CV-1 (0/1) NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES

23 Name & Address: Matt Olavi (SBN 595) Brian J. Dunne (SBN 59) OLA VI DUNNE LLP 00 Wilshire Blvd, Suite 0 Los Angeles, CA, 9001 ECLIPSE IP LLC, a Florida Limited Liability Company FLYWHEEL SOFTWARE, INC., a Delaware Corporation v. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PLAINTIFF(S) DEFENDANT(S). CASE NUMBER CV1- SUMMONS TO: DEFENDANT{S): A lawsuit has been filed against you. Within 1 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached l!f complaint D amended complaint D counterclaim D cross-claim or a motion under Rule 1 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, Matt Olavi, whose address is Olavi Dunne LLP, 00 Wilshire Blvd, Suite 0, Los Angeles, CA, Ifyou fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Dated: f-!s Clerk, U.S. [Use 0 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed 0 days by Rule 1(a)()]. CV-OIA (/ SUMMONS

24 UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET I. (a) PLAINTIFFS ( Check box if you are representing yourself D ) ECLIPSE IP LLC, a Florida limited liability Company DEFENDANTS ( Check box if you are repr~nting yourself D ) FlYWHEEL SOFTWARE, INC., a Delaware Corporation (b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.) Matt Olavi (SBN 595), Brian J. Dunne (SBN 59) Olavi Dunne LLP 00 Wilshire Blvd, Suite 0, los Angeles, CA, 9001 Telephone: ; Facsimile: II. BASIS OF JURISDICTION (Place an X in one box only.) 0 1. U.S. Government Plaintiff D. U.S. Government Defendant 1&1. Federal Question (U.S. Government Not a Party) 0. Diversity (Indicate Citizenship of Parties in Item Ill) (b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.) Ill. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant) PTF DEF PTF DEF Citizen of This State O 1 D 1 Incorporated or Principal Place D D of Business in this State Citizen of Another State O D Incorporated and Principal Place D 5 D 5 of Business in Another State Citizen or Subject of a Foreign Country Foreign Nation D D IV. ORIGIN (Place an X in one box only.) lvi 1. Original D. Removed from D. Remanded from ~ Proceeding State Court Appellate Court D. Reinstated or Reopened D 5. Transferred from Another District (Specify).Multi D District litigation V. REQUESTED IN COMPLAINT: JURY DEMAND: (g) Yes 0 No (Check "Yes" only if demanded in complaint.) CLASS ACTION under F.R.Cv.P. : 0 Yes l&j No (g] MONEY DEMANDED IN COMPLAINT:$ TB_D VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.) U.S.C. 11 and 1(a) VII. NATURE OF SUIT (Place an X in one box only). OTHER STATUTES CONTRACT REAL PROPERTY CONT IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS 0 5 False Claims Act D 0 Insurance D 0Torts to Land D Naturalization Habeas Corpus: D 0 Copyrights D 5 Tort Product Application 0 Alien Detainee 0 00 State D Marine ~ liability 5 Other 0Patent Reapportionment 0 5 Motions to Vacate D Immigration Actions 0 10 Miller Act 90 Afl Other Real Sentence 0 0 Trademark D 1 0 Antitrust D 0 50 General D Negotiable Property TORTS SOCIAL SECURITY D 0 Banks and Banking Instrument TORTS.I"KUI"~KI'I' 0 55 Death Penalty D 1 HIA (195ff) D 50 Commerce/ICC 0 Recovery of PERSONAL INJURY D 0 Other Fraud Other: Rates/Etc. 0 Overpayment & 0 Airplane 0 Black lung (9} 0 50 Mandamus/Other D 0 Deportation Enforcement of D Airplane D 1 Truth in lending D 550 Civil Rights D DIWC/DIWW (05 (g)) Judgment 0 Racketeer lnflu- Product liability D 0 0 Other Personal 555 Prison Condition 0 SSID Title XVI enced & Corrupt Org. D 1 Medicare Act 0 Assault, libel & Property Damage D D Slander 50 Civil Detainee D 5 RSI (05 (g)) : 0 0 Consumer Credit Recovery of D. 5 Property Damage 0 Fed. Employers' 0 Conditions of D 0 Defaulted Student D Product liability liability Confinement FEDERAL TAX SUITS 90 Cable/Sat TV Loan (Excl. Vet.) BANKRUPTCY FORFEITURE/PENALTY 0 Taxes (U.S. Plaintiff or 50 Securities/Com- 0 0Marine Appeal D D Defendant} D Recovery of modities/exchange 5 Marine Product 5 Drug Related usc D Overpayment of 0 liability 0 Seizure of Property 1 0 D Actions usc 0 Stockholders' 0 50 Motor Vehicle D 91 Agricultural Acts D Suits 55 Motor Vehicle CIVIL RIGHTS 0 900ther 0 Product liability D 0 Other Civil Rights 0 9 Environmental D 00ther 0 Other Personal LABOR Matters Contract 0 Injury 0 1 Voting 0 Fair labor Standards D 95 Freedom of Info. D 5 Contract Personal Injury- 0 Employment Act Act Product liability D Med Malpratice 0 0 labor/mgmt. 1 IRS-Third Party USC 90 OtherStatutory Vet. Benefits D Withdrawal USC1 09 D 9 Arbitration 5 Personal Injury- O Housing/ Relations I 0 Franchise 0 Product liability Accomodations REAL PROPERTY 0 0 Railway Labor Act 99 Admin. Procedures Health Care/ 5 American with D Act/Review of Appeal of land Pharmaceutical 0 Disabilities- D 51 Family and Medical Agency Decision 0 Condemnation D Personal Injury Employment leave Act 0 0 Foreclosure Product liability D American with D 90 Other Labor Constitutionality of Asbestos Disabilities-Other litigation State Statutes D 0 Rent lease & 0 Personallnjury D Education D 91 Employee Ret. Inc. Ejectment Product uahilltv Security Act FOR OFFICE USE ONLY: Case Number: AFTER complett_n_g_p_a_g_e... ~---=F V:-:::o:-I-.--~---r-1--:-c_o_M_{i.~---~=. ~=-IN;LRMATION REQUESTED on PAGE. CV-1 (0/1) CIVIL COVER SHEET Page 1 of

25 UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET Vlll(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? f&1 NO D YES If yes, list case number(s): Vlll(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? f&l NO DYES If yes, list case number(s): Civil cases are deemed related if a previously filed case and the present case: (Check all boxes that apply) D A. Arise from the same or closely related transactions, happenings, or events; or 0 B. Call for determination of the same or substantially related or similar questions of Jaw and fact; or 0 C. For other reasons would entail substantial duplication of labor if heard by different judges; or D D. Involve the same patent, trademark or copyright. and one of the factors identified above in a, b or c also is present. IX. VENUE: (When completing the following information, use an additional sheet if necessary.) (a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides. D Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b). County in this District:* California County outside of this District; State, if other than California; or Foreign Country Eclipse IP LLC - Palm Beach County, Aorida (b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides. D Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c). County in this District:* Flywheel Software, Inc. -los Angeles California County outside of this District; State, if other than California; or Foreign Country (c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose. NOTE: In land condemnation cases, use the location of the tract of land involved. County in this District:* California County outside of this District; State, if other than California; or Foreign Country Los Angeles *Los Angeles, Orange, San Bernardino, R1vers1de, Ventura, Santa Barbara, or San Lu1s Ob1spo Counties Note: In land condemnation cases, use the location of the tract of land in1 DATE: August 0, 01 Notice to Counsel/Parties: The CV-1 (JS-) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form, approved by the Judicial Conference of the United States in September, is required pursuant to Local Rule -1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet). Key to Statistical codes relating to Social Security Cases: Nature of Suit Code Abbreviation Substantive Statement of Cause of Action All claims for health insurance benefits (Medicare) under Title 1, Part A, of the Social Security Act, as amended. Also, 1 HIA include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. ( U.S.C. 5FF(b)) BL DIWC DIWW All claims for "Black Lung" benefits under Title, Part B, of the Federal Coal Mine Health and Safety Act of 9. (0 U.S.C. 9) All claims filed by insured workers for disability insurance benefits under Title of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. ( U.S. C. 05 (g)) All claims filed for widows or widowers insurance benefits based on disability under Title of the Social Security Act, as amended. ( U.S.C. 05 (g)) 5 SSID RSI All claims for supplemental security income payments based upon disability filed under Title of the Social Security Act, as amended. All claims for retirement (old age) and survivors benefits under Title of the Social Security Act, as amended. ( u.s.c. 05 (g)) CV-1 (0/1) CIVIL COVER SHEET Page of