IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION VIBES MEDIA, LLC,

a Delaware limited liability company, Civil Action No. ____________________ Plaintiff, v. DIGIGRAPH.ME, INC., a Delaware corporation, Defendant. JURY DEMANDED

COMPLAINT FOR DECLARATORY JUDGMENT Plaintiff, Vibes Media, LLC ( Vibes) hereby alleges for its Complaint for Declaratory Judgment against Defendant Digigraph.me, Inc. (Defendant) on knowledge as to its own actions and on information and belief as to the actions of others, as follows: NATURE OF THE ACTION 1. This is an action for a declaratory judgment that Vibes does not infringe any valid

claim of United States Patent Nos. 6,907,131 (the 131 patent) and/or 7,697,713 (the 713 patent) (collectively, the Asserted Patents), and for a declaratory judgment that the claims of each of the Asserted Patents are invalid. 2. 3. A true and correct copy of the 131 patent is attached hereto as Exhibit A. A true and correct copy of the 713 patent is attached hereto as Exhibit B. THE PARTIES 4. Plaintiff Vibes Media, LLC is a Delaware limited liability company with its

principal place of business at 300 W. Adams Street, 7th Floor, Chicago, Illinois 60606.

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On information and belief, Defendant Digigraph.me, Inc. is a Delaware

corporation having a place of business at 4804 Laurel Canyon Blvd., Ste. 537, Valley Village, California 91067. JURISDICTION AND VENUE 6. This action arises under the Patent Laws of the United States, Title 35, United

States Code 35 U.S.C. 1, et seq., and under the Federal Declaratory Judgment Act, 28 U.S.C. 2201 and 2202. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331, 1338(a), 2201 and 2202. 7. This action is filed to resolve an actual and justiciable controversy between the

parties hereto. Defendants conduct has put, and continues to put, Vibes under a reasonable and serious apprehension of imminent suit alleging that use of Vibes products or services infringe the 131 patent and the 713 patent. As set forth in paragraphs herein, there is a conflict of asserted rights among the parties and an actual controversy exists between Vibes and the Defendant with respect to the infringement, validity and scope of the 131 patent and the 713 patent. 8. Upon information and belief, this Court has personal jurisdiction over Defendant

because Defendant regularly offers and transacts business in and throughout the State of Illinois, including through the URL: www.digigraph.me. Defendant has further sought to assert the 131 patent and the 713 patent against Vibes business operations in this District by demanding Vibes cease sale, offer of sale, use, and promotion of Vibes allegedly infringing products and services. 9. Venue is proper in this District pursuant to 28 U.S.C. 1391 and/or 1400 as

Defendant seeks to restrict Vibes business operations, which arises from Vibes sale, offer of sale, use and promotion of Vibes allegedly infringing products and services within this District. 2

ALLEGATIONS IN SUPPORT OF DECLARATORY JUDGMENT JURISDICTION 10. Vibes realleges and incorporates herein by reference each and every allegation

contained in paragraphs 1-9. 11. Through communications and conduct, Defendant has threatened assertion of the

131 patent and the 713 patent against Vibes and customers of Vibes (e.g., 3M) because of their marketing campaign involving the transmittal of a personalized digitally autographed image of an individual via the internet. 12. On or about March 23, 2012, Defendant sent a letter to Vibes alleging that Vibes

are infringing at least claim 1 of the 131 patent and the 713 patent. The March 23, 2012 letter also offered a license to Vibes under the Asserted Patents. 13. As part of the referenced March 23, 2012 letter, Defendant also asserted that an

employee of Vibes allegedly misappropriated trade secret of Defendants purported proprietary technology. FIRST CLAIM FOR RELIEF Declaratory Judgment of Non-infringement of the 131 Patent 14. Vibes realleges and incorporates herein by reference each and every allegation

contained in paragraphs 1-13. 15. Based on the above-stated conduct, Vibes is informed and believes, and on that

basis avers, the Defendant contends that Vibes products and/or services infringe one or more claims of the 131 patent. 16. Accordingly, an actual controversy exists between Vibes and the Defendant as to

whether or not Vibes has infringed, or is infringing the 131 patent; has contributed to

infringement, or is contributing to infringement of the 131 patent; and has induced infringement, or is inducing infringement of the 131 patent. 17. The controversy is such that, pursuant to Federal Rule of Civil Procedure 57 and

28 U.S.C. 2201 et seq., Vibes is entitled to a declaration, in the form of a judgment, that by its activities Vibes has not infringed and is not infringing any valid and enforceable claim of the 131 patent; has not contributed to infringement and is not contributing to infringement of the 131 patent; and/or has not induced infringement and is not inducing infringement of the 131 patent. Such a determination and declaration is necessary and appropriate at this time. SECOND CLAIM FOR RELIEF Declaratory Judgment of Non-infringement of the 713 Patent 18. Vibes realleges and incorporates herein by reference each and every allegation

contained in paragraphs 1-17. 19. Based on the above-stated conduct, Vibes is informed and believes, and on that

basis avers, the Defendant contends that Vibes products and/or services infringe one or more claims of the 713 patent. 20. Accordingly, an actual controversy exists between Vibes and the Defendant as to

whether or not Vibes has infringed, or is infringing the 713 patent; has contributed to infringement, or is contributing to infringement of the 713 patent; and has induced infringement, or is inducing infringement of the 713 patent. 21. The controversy is such that, pursuant to Federal Rule of Civil Procedure 57 and

28 U.S.C. 2201 et seq., Vibes is entitled to a declaration, in the form of a judgment, that by its activities Vibes has not infringed and is not infringing any valid and enforceable claim of the 713 patent; has not contributed to infringement and is not contributing to infringement of the 4

713 patent; and/or has not induced infringement and is not inducing infringement of the 713 patent. Such a determination and declaration is necessary and appropriate at this time. THIRD CLAIM FOR RELIEF Declaratory Judgment of Invalidity of the 131 Patent 22. Vibes realleges and incorporates herein by reference each and every allegation

contained in paragraphs 1-21. 23. Based on the above-stated conduct, Vibes is informed and believes, and on that

basis avers, that the Defendant contends that Vibes infringe one or more claims of the 131 patent. 24. Vibes denies that it infringes any valid and enforceable claim of the 131 patent,

and avers that the assertions of infringement cannot be maintained consistently with statutory conditions of patentability and the statutory requirements for disclosure and claiming that must be satisfied for patent validity under at least one of 35 U.S.C. 101, 102, 103, and 112. 25. Accordingly, an actual controversy exists between Vibes and the Defendant as to

the validity of the 131 patent. The controversy is such that, pursuant to Federal Rule of Civil Procedure 57 and 28 U.S.C. 2201 et seq., Vibes is entitled to a declaration, in the form of a judgment, that the 131 patent is invalid. Such a determination and declaration is necessary and appropriate at this time. FOURTH CLAIM FOR RELIEF Declaratory Judgment of Invalidity of the 713 Patent 26. Vibes realleges and incorporate herein by reference each and every allegation

contained in paragraphs 1-25.

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Based on the above-stated conduct, Vibes is informed and believes, and on that

basis avers, that the Defendant contends that Vibes infringe one or more claims of the 713 patent. 28. Vibes denies that it infringes any valid and enforceable claim of the 713 patent,

and avers that the assertions of infringement cannot be maintained consistently with statutory conditions of patentability and the statutory requirements for disclosure and claiming that must be satisfied for patent validity under at least one of 35 U.S.C. 101, 102, 103, and 112. 29. Accordingly, an actual controversy exists between Vibes and the Defendant as to

the validity of the 713 patent. The controversy is such that, pursuant to Federal Rule of Civil Procedure 57 and 28 U.S.C. 2201 et seq., Vibes is entitled to a declaration, in the form of a judgment, that the 713 patent is invalid. Such a determination and declaration is necessary and appropriate at this time. PRAYER FOR RELIEF WHEREFORE, Plaintiff Vibes prays for a judgment as follows: A. For a declaration that assertions of infringement of the 131 patent cannot be

maintained consistently with statutory conditions of patentability and the statutory requirements for disclosure and claiming that must be satisfied for patent validity under one or more of 35 U.S.C. 101, 102, 103, and 112; B. For a declaration that the claims of the 131 patent are invalid under one or more

of 35 U.S.C. 101, 102, 103, and 112; C. For a declaration that Vibes products and services do not infringe any valid claim

of the 131 patent;

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For a declaration that assertions of infringement of the 713 patent cannot be

maintained consistently with statutory conditions of patentability and the statutory requirements for disclosure and claiming that must be satisfied for patent validity under one or more of 35 U.S.C. 101, 102, 103, and 112; E. For a declaration that the claims of the 713 patent are invalid under one or more

of 35 U.S.C. 101, 102, 103, and 112; F. For a declaration that Vibes products and services do not infringe any valid claim

of the 713 patent; G. For a preliminary and permanent injunction enjoining and restraining Defendant

and its respective officers, partners, employees, agents, parents, subsidiaries or anyone in privity with them, and all persons acting in concert with them and each of them: 1) from making any claims to any person or entity that any product or service of Vibes infringe the 131 patent and/or the 713 patent; 2) from interfering with, or threatening to interfere with the use of any Vibes products by Vibes, its customers, distributors, predecessors, successors or assigns; and 3) from instituting or prosecuting any lawsuit or proceeding, placing in issue the right of Vibes, its customers, distributors, predecessors, successors or assigns, to make, use or sell products and/or services which allegedly infringe the 131 patent and/or the 713 patent. H. herein; and I. For such other and further relief as the Court may deem proper. 7 For an award to Vibes of its reasonable attorneys fees and costs of suit incurred

JURY DEMAND Plaintiff respectfully requests a trial by jury. DATED: May 29, 2012 Respectfully Submitted,

/s/Edward L. Bishop_____ Edward L. Bishop ebishop@bishoppatents.com Nicholas S. Lee nlee@bishoppatents.com BISHOP & DIEHL, LTD. 1750 E. Golf Rd., Suite 390 Schaumburg, IL 60173 Tel: (847) 969-9123 Fax: (847) 969-9124 Attorneys for Plaintiff Vibes Media, LLC