IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION VOICEFILL, LLC, Plaintiff, v.

BLUE CROSS AND BLUE SHIELD OF TEXAS, INC., Defendant. COMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement in which VoiceFill, LLC (VoiceFill or Plaintiff) makes the following allegations against Blue Cross and Blue Shield of Texas, Inc. (BCBSTX or Defendant). PARTIES 1. VoiceFill is a California limited liability company with its principal place of JURY TRIAL DEMANDED Case No. 2:13-CV-00072

business at 547 South Marengo Ave., Ste. 104, Pasadena, CA 91101. 2. On information and belief, BCBSTX is a Texas corporation with its principal

places of business at 1001 E. Lookout Drive, Richardson, Texas 75082. On information and belief, BCBSTX may be served with process at its principal places of business at 1001 E. Lookout Drive, Richardson, Texas 75082. JURISDICTION AND VENUE 3. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a).

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Venue is proper in this district under 28 U.S.C. 1391(c) and 1400(b). On

information and belief, BCBSTX has transacted business in this district, and has committed and/or induced acts of patent infringement in this district. 5. Further, on information and belief, BCBSTX has its principal place of business in

this District and therefore, on information and belief, possesses key evidence and witnesses within this District. See for example BCBSTXs contact us page, attached as Exhibit A, as accessed at http://www.bcbstx.com/contact_us/index.html which lists the address at 1001 E. Lookout Drive in Richardson, TX, which is in this District. COUNT I INFRINGEMENT OF U.S. PATENT NO. 7,738,740 6. Plaintiff is the owner by assignment of United States Patent No. 7,738,740 (the

740 Patent) entitled Speech Recognition System for Interactively Gathering and Storing Verbal Information to Generate Documents including all rights to recover for past and future acts of infringement. The 740 Patent issued on May 18, 2004. A true and correct copy of the 740 Patent is attached as Exhibit B. 7. On information and belief, BCBSTX has been and now is infringing the 740

Patent in this judicial district, and elsewhere in the United States. Acts of infringement by BCBSTX include, without limitation, making, using, offering for sale, and/or selling within the United States, and/or importing into the United States, at least a speech recognition system for interactively gathering and storing verbal information to generate documents. Such infringing systems include, for example, BCBSTXs iEXCHANGE Interactive Voice Response (IVR) System (Accused System). BCBSTX is thus liable for infringement of the 740 Patent under 35 U.S.C. 271.

8.

BCBSTX infringes at least Claim 11 of the 740 Patent, by way of example only,

and without limitation on VoiceFills assertion of infringement by BCBSTX of other claims of the 740 Patent. Claim 11 of the 740 Patent reads as follows: 11. A voice recognition system for interactively gathering information from a plurality of users over a communications network, comprising: a remote device for establishing a voice connection with said system over the communications network; a processor for generating and transmitting a plurality of verbal questions interactively to a user associated with said remote device to complete a textual document; and a storage device for storing user's verbal responses to said plurality of questions to provide a verbal document; and wherein said processor converts said verbal document into said textual document; and wherein said processor is operable to transmit a portion of said textual document to a third party for verification or confirmation. On information and belief, the Accused System comprises each element of at least Claim 11 of the 740 Patent. 9. On information and belief, the Accused System constitutes a voice recognition

system for interactively gathering information from a plurality of users over a communications network, as made evident by BCBSTXs description in its September 12, 2012 announcement entitled Attention Current iEXCHANGE Users, regarding the upgraded iEXCHANGE tool. The announcement is available at http://www.bcbstx.com/provider/news/2012_09_12.html, and is attached as Exhibit C. According to the announcement: Interactive Voice Response (IVR) Option Now Available Our new telephone-based option has also been added to our IVR system for submission of preauthorization requests and receiving approval of benefits for select outpatient services, inpatient admissions and referral authorizations. The new application offers both voice-activated and touch-tone telephone options for preauthorization and referral request. To access the IVR system, contact Medical management at 800-441-9188 and follow the prompts for preauthorization requests.

see also BCBSTXs July 5, 2012 Blue Review, Issue 7 announcement, which describes the same voice-activated IVR referral system at

http://www.bcbstx.com/provider/pdf/bluereview/br_issue7_2012.pdf, attached as Exhibit D. 10. The Accused System further comprises the next element of Claim 11, requiring a

remote device for establishing a voice connection with said system over a communications network as made evident by BCBSTXs description in its September 12, 2012 announcement entitled Attention Current iEXCHANGE Users which is available at

http://www.bcbstx.com/provider/news/2012_09_12.html, attached as Exhibit C. According to the announcement: Interactive Voice Response (IVR) Option Now Available Our new telephone-based option has also been added to our IVR system for submission of preauthorization requests and receiving approval of benefits for select outpatient services, inpatient admissions and referral authorizations. The new application offers both voice-activated and touch-tone telephone options for preauthorization and referral request. To access the IVR system, contact Medical management at 800-441-9188 and follow the prompts for preauthorization requests. see also BCBSTXs July 5, 2012 Blue Review, Issue 7 announcement, which describes the same voice-activated IVR referral system at

http://www.bcbstx.com/provider/pdf/bluereview/br_issue7_2012.pdf, attached as Exhibit D. Further, on information and belief, a voice connection is established with the Accused System by dialing the appropriate number on a telephone device that is positioned remotely, at the physicians office, from the Accused System. The callers telephone and the Accused System rely on standardized network communication protocols to establish and maintain an interactive connection. Further, it is well understood in the marketplace that IVR is a technology that allows a computer to interact with humans through the use of voice and DTMF keypad inputs. See e.g.,

http://en.wikipedia.org/wiki/Interactive_voice_response, a screenshot of which is attached hereto as Exhibit E. 11. The Accused System further comprises the next element of Claim 11 requiring, a

processor for generating and transmitting a plurality of verbal questions interactively to a user associated with said remote device to complete a textual document; and a storage device for storing users verbal responses to said plurality of questions to provide a verbal document; and wherein said processor converts said verbal document into said textual document. On information and belief the Accused System creates referral records that must comply with information security standards, such as ISO 17799 and HIPAA. The verbal responses must be stored in verbal document, and those responses are converted into text, which must be stored and maintained in a verifiable textual document. Further, the Accused System provides a caller with a set of verbal questions and prompts the caller to respond. See Reference Guide for

iEXCHANGE IVR System dated 2/13/2012 downloaded from BCBSTXs website at http://www.bcbstx.com/provider/pdf/iexchange_ivr_refguide.pdf attached as Exhibit F, pp. 5-6. Upon information and belief, the new IVR Option discussed above allows for voice activated options for referral requests. 12. The Accused System further comprises the final element of Claim 11, requiring,

wherein said processor is operable to transmit a portion of said textual document to a third party for verification and confirmation. The Accused System provides an iEXCHANGE Response to the caller after a successful posting of an IVR referral transaction, such as indicating that the referral has been approved, providing a specific case ID number and/or providing a confirmation number. See Exhibit F, p. 6. Furthermore, it is believed the referred-to

physician receives a portion of the textual information relating to the submitted referral as a

confirmation of the completed referral. As stated in the September 12, 2012 announcement attached as Exhibit C, the upgraded iEXCHANGE tool will now support submission of preauthorization requests and online approval of benefits for select outpatient services, in addition to continuing support of inpatient admissions and referral authorizations. 13.
As a result of BCBCTXs infringement of the 740 Patent, Plaintiff has suffered

monetary damages and is entitled to a money judgment in an amount adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by Defendant, together with interest and costs as fixed by the court, and Plaintiff will continue to suffer damages in the future unless Defendants infringing activities are enjoined by this Court.

PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court enter a judgment: 1. In favor of Plaintiff that Defendant has infringed the 740 Patent; 2. Requiring Defendant to pay Plaintiff its damages, costs, expenses, and prejudgment and post-judgment interest for Defendants infringement of the 740 Patent as provided under 35 U.S.C. 284; 3. Finding that this is an exceptional case within the meaning of 35 U.S.C. 285 and awarding to Plaintiff its reasonable attorneys fees; and 4. Granting Plaintiff any and all other relief to which Plaintiff may show itself to be entitled. DEMAND FOR JURY TRIAL Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right.

January 31, 2013

Respectfully submitted, /s/ Darrell G. Dotson Scott E. Stevens (State Bar No. 00792024) Gregory P. Love (State Bar No. 24013060) Darrell G. Dotson (State Bar No. 24002010) STEVENS LOVE 222 N. Fredonia St. Longview, Texas 75601 (903) 7536760 scott@stevenslove.com greg@stevenslove.com darrell@stevenslove.com Todd Y. Brandt (State Bar No. 24027051) STEVENS LOVE 5020 Montrose Blvd., Suite 800 Houston, Texas 77006 (713) 284-5200 todd@stevenslove.com Counsel for Plaintiff VoiceFill, LLC