automated transactions v. 1st colonial national bank

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  • 7/29/2019 Automated Transactions v. 1St Colonial National Bank

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    Daniel A. SuckermanTannenbaum HelpemSyracuse & Hirschtritt LLP900 Third AvenueNew York, New York 10022(212) 508-6700Attorney for PlaintiffAutomated Transactions LLC

    UNITEDSTATES DISTRICT COURT FOR THEDISTRICT OF NEW JERSEY

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    AUTOMATED TRANSACTIONS LLC,Plaintiff,- v.-

    1''. COLONIAL NATIONAL BANK,Defendant.

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    COMPLAINT

    Civil Action No.- - - -COMPLAINT AND

    DEMAND FOR JURYTRIAL.

    Plaintiff Automated Transactions LLC ("Automated Transactions") alleges as follows:PARTIES

    1. Automated Transactions is a limited liability company organized and e)[istingunder the laws of the state ofDelaware, having a principal place ofbusiness at 2711 CentervilleRoad, Suite 400, Wilmington, DE 19808.

    2. Upon information and belief, 1 '. Colonial National Bank ("Colonial") is a tate orfederally chartered savings bank with a principal place ofbusiness at 1150 Haddon Avenue,Collingswood, NJ 08108.

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    NATURE OF ACTION3. This is an action for patent infringement pursuant to 35 U.S.C. 101, et. seq.

    JURISDICTION AND VENUE

    4. This Court has jurisdiction over the subject matter of this action pursuant to 28U.S.C. 1331 and 1338.

    5. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400(b).FIRST CLAIM FOR RELIEF

    6. On August 18, 2009, U.S. Patent No. 7,575,158 (the '"158 patent") was duly andlegally issued to David M. Barcelou. A true and correct copy of the '158 patent is attached heretoas Exhibit A.

    7. By license, Automated Transactions is the exclusive licensee of he '158 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    8. The '158 patent discloses and' claims, among other things, integrated banking andtransaction machines. Claims 1"3, 11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services, comprising:an automated teller machine;a user interface to the automated teller machine;means for identifYing the user to the automated teller machine,further comprising a smart card/magnetic stripe reader/encoder anda sensor;an Internet interface to an Internet connection to the automatedteller machine that uses encryption services and security services to

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    provide the user access to the user interface and retail ATMservice; andaccess to the automated teller machine user interface whereuponthe consumer may selectively dispense currency using theintegrated banking and transaction machine providing the retailATM service;wherein the consumer can purchase access to the retail ATMservice through use of the user interface and Internet servicesconnections.2. The integrated banking and transaction machine according to claim1, further comprising means for consummating the purchase withcash.

    3. The integrated banking and transaction machine according to claim1, further comprising means for consummating the purchase withbills.11. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a credit card.12. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card

    9. Colonial is using ATMs withi)l this judicial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims of the '158 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '158 patent pursuant to 35 U.S.C.271.

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    10. Colonial was made aware of the '158 patent and Colonial 's infringement thereofby a letter sent to the Bank on about February 15,2013 addressed to Gerard M. Banmiller,President.

    11. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these A TMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '158 patent, either literally or under the doctrineof equivalents, whenever a customer uses one of the above ATMs to purchase access to retailATM services through the use of the user interface and Internet service connections. Colonial istherefore liable for inducing infringement of the '158 patent pursuant to 35 U.S.C. 271.

    12. Colonial's actions in infringing the '158 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of 35 U.S.C. 285.

    13. Colonial's infringement of the' 158 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementof the '158 patent by Colonial will continue unless enjoined bythis Court.

    SECOND CLAIM FOR RELIEF

    14. On October 6, 2009, U.S. Patent No. 7,597,248 (the "'248 patent") was duly andlegally issued to David M. Barcelou. A true and correct copy ofthe '248 patent is attached heretoas Exhibit B.

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    15. By license, Automated Transactions is the exclusive licensee of the '248 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    16. The '248 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3, 5, 11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services, comprising:an automated teller machine;a user interface to the automated teller machine;means for identifying the user to the automated teller machine,further comprising a smart card/magnetic stripe reader/encoder anda sensor;network services to financial network connections to the automatedteller machine that uses encryption services and security services toprovide the user access to the user interface and retail ATMservice; andaccess to the automated teller machine user interface whereuponthe consumer may selectively dispense cash using the integratedbanking and transaction machine providing the retail ATM service;wherein the consumer can purchase access to the retail ATMservice through use of the user interface and financial networkconnections.2. The integrated banking and transaction machine according to claim1, further comprising means for consummating the purchase withcash.3. The integrated banking and transaction machine according to claimI , further comprising means for consummating the purchase withbills.5. The integrated banking and transaction machine according to claimI, further comprising means for consummating the purchase withcurrency.

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    11. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a credit card.

    12. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card.

    17. Colonial is using ATMs within this judicial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims ofthe '248 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '248 patent pursuant to 35 U.S.C.271.

    18. Colonial was made aware of the '248 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15, 2013 addressed to Gerard M. Banmiller,President.

    19. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these A TMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '248 patent, either literally or under the doctrineofequivalents, whenever a customer uses one of the above ATMs to purchase access to retail

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    ATM services through the use of the user interface and financial network connections. Colonialis therefore liable for inducing infringement of the '248 patent pursuant to 35 U.S.C. 271.

    20. Colonia l's actions in infringing the '248 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of 35 U.S.C. 285.

    21. Colonial 's infringement of the '248 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementof the '248 patent by Colonial will continue unless enjoined by this Court.

    THIRD CLAIM FOR RELIEF22. On October 13,2009, U.S. Patent No. 7,600,677 (the '"677 patent") was duly and

    legally issued to David M. Barcelou. A true and correct copy of the '677 patent is attached heretoas Exhibit C.

    23. By license, Automated Transactions is the exclusive licensee of the '677 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    24. The '677 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3, 5, 11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services, comprising:an automated teller machine; a user interface to the automated teller machine;means for identifying the user to the automated teller machine,further comprising a smart card/magnetic stripe reader/encoder anda sensor;

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    an Internet interface to the World Wide Web to the automatedteller machine that uses encryption services and security services toprovide the user access to the user interface and retail ATMservice; and

    access to the automated teller machine user interface whereuponthe consumer may selectively dispense currency using theintegrated banking and transaction machine providing the retailATM service;wherein the consumer can purchase access to the retail ATMservice through use of the user interface and World Wide Webconnections.2. The integrated banking and transaction machine according to claim1, further comprising means for consummating the purchase withcash.3. The integrated banking and transaction machine according to claim1, further comprising means for consummating the purchase withbills.5. The integrated banking and transaction machine according to claim1, further comprising means for consummating the purchase withcurrency.11. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a credit card. 12. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card.

    25. Colonial is using ATMs within this judicial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly or

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    indirectly infringing at least the above claims of the '677 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '677 patent pursuant to 35 U.S.C.271.

    26. Colonial was made aware of the '677 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15, 2013 addressed to Gerard M. Banmiller,President.

    27. Colonial also provides the above A TMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '677 patent, either literally or under the doctrineof equivalents, whenever a customer uses one of the above ATMs to purchase access to retailATM services through the use of the user interface and World Wide Web connections. Colonialis therefore liable for inducing infringement of the '677 patent pursuant to 35 U.S.C. 271.

    28. Colonial's actions in infringing the '677 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of35 U.S.C. 285.

    29. Colonial's infringement of the '677 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementofthe '677 patent by Colonial will continue unless enjoined by this Court.

    FOURTH CLAIM FOR RELIEF

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    30. On April20, 2010, U.S. Patent No. 7,699,220 (the '"220 patent") was duly andlegally issued to David M. Barcelou. A true and correct copy of the '220 patent is attached heretoas Exhibit D.

    31. By license, Automated Transactions is the exclusive licensee of the '220 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    32. The '220 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3,41-43, 48, 50 and 88 state as follows:

    1. An automated retail terminal for use by a consumer to purchasefrom a banking or commercial ATM provider, cash access services,comprising:an automated teller machine;an Internet interface to the automated teller machine for providingthe user with services for immediately realizing access todispensable currency;a user interface to the automated teller machine;means for identifying the user. to the automated teller machine;network services to the automated teller machine that includeencryption services, security services and at least one ATMnetwork connection;and means for selectively dispensing at least one form ofdispensable currency using the automated teller machine videocommand or control touchscreen;where the consumer may purchase cash access services through theuse of the user interface and the ATM network connection, incombination with Intranet services, Internet services or the WorldWide Web on the Internet.

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    2. The automated retail terminal according to claim I, furthercomprising meatis for accepting cash, checks or removable mediadeposits.3. The automated retail terminal according to claim I, furthercomprising means for check cashing by use of coins, cash or encodingdevices.41. The automated retail terminal for use by a consumer to purchasefrom a banking or commercial A TM provider cash access servicesaccording to claim 1, where, the consumer may consummate thepurchase by means of the use of a credit card.42. The automated retail terminal for use by a consumer to purchasefrom a banking or commercial ATM provider cash access servicesaccording to claim 1, where, the consumer may consummate thepurchase by means of the use of a debit card.43. The automated retail terminal for use by a consumer to purchasefrom a banking or commercial ATM provider cash access servicesaccording to claim 1, where, the consumer may consurumate thepurchase by means of the use of a stored value card.48. The automated retail terminal for use by a consumer topurchase from a banking or commercial ATM provider cash accessservices according to claim 1, where, the consumer may consurumatethe purchase by means of the use of an identification card.50. The automated retail terminal for use by a consumer topurchase from a banking or commercial ATM provider cash accessservices according to claim I, where, the consumer may consummatethe purchase by means of the use of a check cashing service.88. Integrated banking and transaction apparatus for use by aconsumer, comprising:an automated teller machine; andmeans for providing a retail transaction to the consumer through anInternet interface and an Intranet service to the automated tellermachine.

    33. Colonial is usingATMs within this judicial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly or

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    indirectly infringing at least the.above claims of the '220 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '220 patent pursuant to 35 U.S.C.271.

    34. Colonial was made aware of the '220 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15,2013 addressed to Gerard M. Banmiller,President.

    35. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '220 patent, either literally or under the doctrineof equivalents, whenever a customer uses one of the above ATMs to purchase access to retailATM services through the use of the user interface and Internet service connections. Colonial istherefore liable for inducing infringement of the '220 patent pursuant to 35 U.S.C. 271.

    36. Colonial's actions in infringing the '220 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of35 U.S.C. 285.

    37. Colonial's infringement of the '220 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementof the '220 patent by Colonial will continue unless enjoined by this Court.

    FIFTH CLAIM FORRELIEF

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    38. On August 11, 2009, U.S. Patent No. 7,571,850 (the "'850 patent") was duly andlegally issued to David M. Barcelou. A true and correct copy of the '850 patent is attached heretoas Exhibit E.

    39. By license, Automated Transactions is the exclusive licensee of the '850 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    40. The '850 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3, 11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services, comprising:an automated teller machine;a user interface to the automated teller machine; means foridentifYing the user to the automated teller machine, furthercomprising a smart card/magnetic stripe reader/encoder and asensor;an Internet interface to an Intranet connection to the automatedteller machine that uses encryption services and security services toprovide the useraccess to the user interface and retail ATMservice;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense encodable creditusing the integrated banking and transaction machine providing theretail ATM service;wherein the consumer can purchase access to the retail ATMservice through use of the user interface, Intranet and Internetconnections.2. The integrated banking and transaction machine according toclaim 1, further comprising means for consunnnating the purchasewith cash.3. The integrated banking and transaction machine according toclaim I, further comprising means for consummating the purchasewith bills.

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    11. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a credit card.12. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim 1, further comprising rneans for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card.

    41. Colonial is using ATMs within this judicial district which incorporate everyelement ofthe above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims of the '850 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '850 patent pursuant to 35 U.S.C.271.

    42. Colonial was made aware of the '850 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15, 2013 addressed to Gerard M. Banmiller,President.

    43. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '850 patent, either literally or under the doctrineof equivalents, whenever a customer uses one of the above ATMs to purchase access to retail

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    ATM services through the use of the user interface, Intranet and Internet service connections.Colonial is therefore liable for inducing infringement of the '850 patent pursuant to 35 U.S.C.271.

    44. Colonial 's actions in infringing the '850 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of35 U.S.C. 285.

    45. Colonial's infringement of the '850 patent has caused and continues to causeirreparable harm to AutomatedTransactions in an amount to be proven at trial. The infringementof the '850 patent by Colonial will continue unless enjoined by this Court.

    SIXTH CLAIM FOR RELIEF46. On September 22, 2009, U.s: Patent No. 7,591,420 (the '"420 patent") was duly

    and legally issued to David M. Barcelou. A true and correct copy of the '420 patent is attachedhereto as Exhibit F.

    47. By license, Automated Transactions is the exclusive licensee of the '420 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    48. The '420 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3, 11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services, comprising:an automated teller machine;a user interface to the automated teller machine;means for identifYing the user to the automated teller machine,further comprising a smart card/magnetic stripe reader/encoder anda sensor;

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    an Internet interface to an Intranet connection to the automatedteller machine that uses encryption services and security services toprovide the user access to the user interface and retail ATMservice;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense encodablecurrency using the integrated banking and transaction machineproviding the retail ATM service;wherein the consumer can purchase access to the retail ATMservice through use of the user interface, Intranet and Internetconnections.2. The integrated banking and transaction machine according toclaim I, further comprising means for consummating the purchasewith cash.3. The integrated banking and transaction machine according toclaim I, further comprising means for consummating the purchasewith bills.II. The integrated banking and transaction machine according toclaim I, further comprising means for consummating the purchasewith a credit card.12. The integrated banking and transaction machine according toclaim I, further comprising means for consummating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim I, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim I, further comprising means for consummating the purchasewith an identification card.

    49. Colonial is using ATMs within this judicial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims of the '420 patent, either literally or under the

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    doctrine of equivalents, and is liable for infringement of the '420 patent pursuant to 35 U.S.C.271.

    50. Colonial was made aware of the '420 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15, 2013 addressed to Gerard M. Banmiller,President.

    51. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '420 patent, either literally or under the doctrineof equivalents, whenever a customer uses one of the above ATMs to purchase access to retailATM services through the use of the user interface, Intranet and Internet service connections.Colonial is therefore liable for inducing infringement of the '420 patent pursuant to 35 U.S.C.271.

    52. Colonial's actions in infringing the '420 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of35 U.S.C. 285.

    53. Colonial's infringement ofthe '420 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementof the '420 patent by Colonial will continue unless enjoined by this Court.

    SEVENTH CLAIM FOR RELIEF

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    54. On October 6, 2009, U.S. Patent No. 7,597,251 (the '"251 patent") was duly andlegally issued to David M. Barcelou. A true and correct copy of the '251 patent is attached heretoas Exhibit G.

    55. By license, Automated Transactions is the exclusive licensee of the '251 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    56. The '251 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3, 11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services, comprising:an automated teller machine;a user interface to the automated teller machine;means for identifYing the user to the automated teller machine,further comprising a smart card/magnetic stripe reader/encoder anda sensor;network services to wireless network connections to the automatedteller machine that use encryption services and security services toprovide the user access to the user interface and retail ATMservice;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense cash using theintegrated banking and transaction machine providing the retailATM service;wherein the consumer can purchase access to the retail ATMservice through use of the user interface and wireless networkconnections.2. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith cash.

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    3. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith bills.11. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a credit card.12. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card.

    57. Colonial is using ATMs within this judicial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims of the '251 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '251 patent pursuant to 35 U.S.C.271.

    58. Colonial was made aware of the '251 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15, 2013 addressed to Gerard M. Banmiller,President.

    59. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '251 patent, either literally or under the doctrine

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    of equivalents, whenever a customer uses one of the above ATMs to purchase access to retailATM services through the use of he user interface and wireless network connections. Colonial istherefore liable for inducing infringement of the '251 patent pursuant to 35 U.S.C. 271.

    60. Colonial's actions in infringing the '251 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of 35 U.S.C. 285.

    61. Colonial 's infringement of the '251 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringement

    of the '251 patent by Colonial will continue unless enjoined by this Court.EIGHTH CLAIM FOR RELIEF

    62. On November 17, 2009, U.S. Patent No. 7,617,973 (the '"973 patent") was dulyand legally issued to David M. Barcelou. A true and correct copy of the '973 patent is attachedhereto as Exhibit H.

    63. By license, Automated Transactions is the exclusive licensee of the '973 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    64. The '973 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3, 11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services, comprising:an automated teller machine;a user interface to the automated teller machine;means for identifying the user to the automated teller machine,further comprising a smart card/magnetic stripe reader/encoder anda sensor;

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    network services to Intranet services connections to the automatedteller machine that use encryption services and security services toprovide the user access to the user interface and retail A TMservice;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense currency usingthe integrated banking and transaction machine providing the retailATM service;wherein the consumer can purchase access to the retail ATMservice through use of the user interface and Intranet servicesconnections.2. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith cash.3. The integrated banking and transaction machine according toclaim 1, further comprising m.eans for consummating the purchasewith bills.11. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a credit card.12. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card.

    65. Colonial is using ATMs within this judicial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims of the '973 patent, either literally or under the

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    doctrine of equivalents, and is liable for infringement of the '973 patent pursuant to 35 U.S.C.271.

    66. Colonial was made aware of the '973 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15,2013 addressed to Gerard M. Banmiller,President.

    67. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing marmer. These acts constituteinducement to infringe the above claims of the '973 patent, either literally or under the doctrineof equivalents, whenever a customer uses one of the above ATMs to purchase access to retailA TM services through the use ofnetwork services. Colonial is therefore liable for inducinginfringement of the '973 patent pursuant to 35 U.S.C. 271.

    68. Colonial's actions in infringing the '973 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of35 U.S.C. 285.

    69. Colonial's infringement of the '973 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementof the '973 patent by Colonial will continue unless enjoined by this Court.

    NINTH CLAIM FOR RELIEF

    70. On November 24,2009, U.S. Patent No. 7,621,444 (the '"444 patent") was dulyand legally issued to David M. Barcelou. A true and correct copy of the '444 patent is attachedhereto as Exhibit I.

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    71. By license, Automated Transactions is the exclusive licensee of the '444 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    72. The '444 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3, 11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services, comprising:an automated teller machine;a user interface to the automated teller machine;

    and means for identifYing the user to the automated teller machine,further comprising a smart card/magnetic stripe reader/encoder anda sensor;network services to banking network connections to the automatedteller machine that use encryption services and security services toprovide the user access to the user interface and retail ATMservice;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense cash using theintegrated banking and transaction machine providing the retailATM service;wherein the consumer can purchase access to the retail ATMservice through use of the user interface and banking networkconnections.2. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith cash.3. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith bills.11. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a credit card.

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    12. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a debit card.

    13. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card.

    73. Colonial is using ATMs within this judicial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims of the '444 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '444 patent pursuant to 35 U.S.C.271.

    74. Colonial was made aware of the '444 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15,2013 addressed to Gerard M. Banmiller,President.

    75. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '444 patent, either literally or under the doctrineof equivalents, whenever a customer uses one ofthe above ATMs to purchase access to retailATM services through the use ofnetwork services. Colonial is therefore liable for inducinginfringement of the '444 patent pursuant to 35 U.S.C. 271.

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    76. Colonial's actions in infringing the '444 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of35 U.S.C. 285.

    77. Colonial's infringement of the '444 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementof the '444 patent by Colonial will continue unless enjoined by this Court.

    TENTH CLAIM FOR RELIEF

    78. On September 14, 2010, U.S. Patent No. 7,793,830 (the "'830 patent") was dulyand legally issued to David M. Barcelou. A true and correct copy of the '830 patent is attachedhereto as Exhibit J.

    79. By license, Automated Transactions is the exclusive licensee of the '830 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    80. The '830 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3, 11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail ATM services, comprising:an automated teller machine;a user interface to the automated teller machine;means for identifying the user to the automated teller machine,further comprising a smart card/magnetic stripe reader/encoder anda sensor;an Internet interface to the automated teller machine that usesencryption services and security services to provide the user accessto the user interface and retail ATM service;

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    and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense currency usingthe integrated banking and transaction machine providing the retailATM service;

    wherein the consumer can purchase access to the retail ATMservice through use of the user interface and the Internet interface.2. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith cash.3. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith bills.

    11. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a credit card.12. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card.

    81. Colonial is using ATMs within this judicial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims of the '830 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '830 patent pursuant to 35 U.S.C.271.

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    82. Colonial was made aware of the '830 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15, 2013 addressed to Gerard M. Banmiller,President.

    83. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing manner. These acts constituteinducement to infringe the above claims ofthe '830 patent, either literally or under the doctrine

    of equivalents, whenever a customer uses one of the above ATMs to purchase access to retailATM services through the use of the user interface and Internet service connections. Colonial istherefore liable for inducing infringement of the '830 patent pursuant to 35 U.S.C. 271.

    84. Colonial's actions in infringing the '830 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of35 U.S.C. 285.

    85. Colonial's infringement of the '830 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementof the '830 patent by Colonial will continue unless enjoined by this Court.

    ELEVENTH CLAIM FOR RELIEF

    86. On September 28,2010, U.S. Patent No. 7,802,718 (the '"718 patent") was dulyand legally issued to David M. Barcelou. A true and correct copy of the '718 patent is attachedhereto as Exhibit K.

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    87. By license, Automated Transactions is the exclusive licensee of the '718 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    88. The '718 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3,11-13 and 15 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail automated teller machineservices, comprising: an automated teller machine;a user interface to the automated teller machine;an identification device for identifying the user to the automatedteller machine, further comprising a smart card/magnetic stripereader/encoder and a sensor;an Internet interface to an Intranet connection to the automatedteller machine that uses encryption services and security services toprovide the user access to the user interface and retail automatedteller machine service;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense bills and/orcoins using the integrated banking and transaction machineproviding the retail automated teller machine service;wherein the consumer can purchase access to the retail automatedteller machine service through use of the user interface, Intranetand Internet connections.2. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith cash.3. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith bills.

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    11. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a credit card.12. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card.

    89. Colonial is using ATMs within this judic ial district which incorporate everyelement of the above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims of the '718 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '718 patent pursuant to 35 U.S.C.271.

    90. Colonial was made aware of the '718 patent and Colonia l's infringement thereofby a letter sent to the Bank on about February 15,2013 addressed to Gerard M. Banmiller,President.

    91. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '718 patent, either literally or under the doctrineof equivalents, whenever a customer uses one of the above ATMs to purchase access to retailATM services through the use of the user interface, Intranet and Internet service connections.

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    Colonial is therefore liable for inducing infringement of the '718 patent pursuant to 35 U.S.C.271.

    92. Colonial 's actions in infringing the '718 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of35 U.S.C. 285.

    93. Colonial's infringement of the '718 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementof the '718 patent by Colonial will continue unless enjoined by this Court.

    TWELTH CLAIM FOR RELIEF94. On November 23,2010, U.S. Patent No. 7,837,101 (the '"101 patent") was duly

    and legally issued to David M. Barcelou. A true and correct copy of the '1 01 patent is attachedhereto as Exhibit L.

    95. By license, Automated Transactions is the exclusive licensee of the '101 patentwith the right to sue for past and future infringement and collect damages therefore in its ownname.

    96. The '101 patent discloses and claims, among other things, integrated banking andtransaction machines. Claims 1-3, 11-13 and"l5 state as follows:

    1. An integrated banking and transaction machine for use by aconsumer to purchase access to retail automated teller machineservices, comprising: an automated teller machine;a user interface to the automated teller machine;means for identifying the user to the automated teller machine,further comprising a smart card/magnetic stripe reader/encoder anda sensor;network services to satellite network connections to the automatedteller machine that use encryption services and security services to

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    provide the user access to the user interface and retail ATMservice;and access to the automated teller machine user interfacewhereupon the consumer may selectively dispense cash using theintegrated banking and transaction machine providing the retailATM service;wherein the consumer can purchase access to the retail automatedteller machine service through use of the user interface and satellitenetwork connections.2. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith cash.3. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith bills.11. The integrated banking and transaction machine according toclaim 1, further comprising means for consurnniating the purchasewith a credit card.12. The integrated banking and transaction machine according toclaim 1, further comprising means for consurnniating the purchasewith a debit card.13. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith a stored value card.15. The integrated banking and transaction machine according toclaim 1, further comprising means for consummating the purchasewith an identification card.

    97. Colonial is using ATMs within this judicial district which incorporate everyelement of he above claims or substantial equivalents thereof. Therefore, Colonial is directly orindirectly infringing at least the above claims of the '1 01 patent, either literally or under thedoctrine of equivalents, and is liable for infringement of the '1 01 patent pursuant to 35 U.S.C.271.

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    98. Colonial was made aware of the '101 patent and Colonial's infringement thereofby a letter sent to the Bank on about February 15, 2013 addressed to Gerard M. Banrniller,President.

    99. Colonial also provides the above ATMs for use by customers and others withinthis judicial district, and provides those customers and others with detailed explanations,instructions and information as to arrangements, applications and uses of these ATMs thatpromote and demonstrate how to use these ATMs in an infringing manner. These acts constituteinducement to infringe the above claims of the '1 0 I patent, either literally or nnder the doctrine

    of equivalents, whenever a customer uses one of the above ATMs to purchase access to retailATM services through the use of network services. Colonial is therefore liable for inducinginfringement of the '101 patent pursuant to 35 U.S.C. 271.

    100. Colonial's actions in infringing the' 101 patent have been, and continue to be,willful, deliberate and/or in conscious disregard to the rights ofAutomated Transactions, makingthis an exceptional case within the meaning of 35 U.S.C. 285.

    101. Colonial's infringement ofthe '101 patent has caused and continues to causeirreparable harm to Automated Transactions in an amount to be proven at trial. The infringementof the '1 01 patent by Colonial will continue unless enjoined by this Court.

    PRAYER FOR RELIEFWHEREFORE, Automated Transactions prays for judgment against Colonial asfollows:

    1) Declaring Colonial has infringed United States Patent No. 7,575,158;

    2) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

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    employees, and those in privity or in active concert with tern, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,575,158;

    3) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,575,158 including treble damages, toAutomated Transactions, together with prejudgment and post-judgment interest,in an amount according to proof;

    4) This case be declared an "exceptional case" within the meaning of35 U.S.C. 285and awarding treble damages and reasonable attorneys' fees to AutomatedTransactions;

    5) Declaring Colonial has infringed United States Patent No. 7,597,248;6) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from further

    activities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,597,248.

    7) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,597,248 including treble damages, toAutomated Transactions, together with prejudgment and post-judgment interest,in an amount according to proof;

    8) This case be declared an "exceptional case" within the meaning of35 U.S.C. 285and awarding treble damages artd reasonable attorneys' fees to AutomatedTransactions;

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    9) Declaring Colonial has infringed United States Patent No. 7,600,677;10) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,600,677.

    11) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,600,677 including treble damages, toAutomated Transactions, together with prejudgment and post-judgment interest,

    in an amount according to proof;12) This case be declared an "exceptional case" within the meaning of35 U.S.C. 285

    and awarding treble damages and reasonable attorneys' fees to AutomatedTransactions;

    13)Declaring Colonial has infringed United States Patent No. 7,699,220;14) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,699,220.

    15) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,699,220 including treble damages, toAutomated Transactions, together with prejudgment and post-judgment interest,in an amount according to proof;

    16)This case be declared an "exceptional case" within the meaning of35 U.S.C. 285

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    and awarding treble damages and reasonable attorneys' fees to AutomatedTransactions.

    17)Declaring Colonial has infringed United States Patent No. 7,571,850;18) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,571,850.

    19) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,571,850 including treble damages, toAutomated Transactions, together with prejudgment and post-judgment interest,in an amount according to proof;

    20)This case be declared an "exceptional case" within the meaning of35 U.S.C. 285and awarding treble damages and reasonable attorneys' fees to Automated

    Transactions.21)Declaring Colonial has infringed United States Patent No. 7,591,420;22) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,591,420.

    23) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,591,420 including treble damages, toAutomated Transactions, together with prejudgment and post -judgment interest,

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    in an amount according to proof;

    24) This case be declared an "exceptional case" within the meaning of 35 U.S.C. 285and awarding treble damages and reasonable attorneys' fees to AutomatedTransactions.

    25)Declaring Colonial has infringed United States Patent No. 7,597,251;26)Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,597,251.

    27) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,597,251 including treble damages, toAutomated Transactions, together with prejudgment and post-judgment interest,in an amount according to proof;

    28) This case be declared an "exceptional case" within the meaning of35 U.S.C. 285and awarding treble damages and reasonable attorneys' fees to AutomatedTransactions.

    29)Declaring Colonial has infringed United States Patent No. 7,617,973;30) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,617,973.

    31) Awarding lost profits or a reasonable royalty and other damages arising from Colonial's

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    infringement of United States Patent No. 7,617,973 including treble damages, toAutomated Transactions, together with prejudgment and post-judgment interest,in an amount according to proof;

    32) This case be declared an "exceptional case" within the meaning of 35 U.S.C. 285and awarding treble damages and reasonable attorneys' fees to AutomatedTransactions.

    33)Declaring Colonial has infringed United States Patent No. 7,621,444;34) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,621,444.

    35) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,621,444 including treble damages, to

    Automated Transactions, together with prejudgment and post-judgment interest,in an amount according to proof;

    36) This case be declared an "exceptional case" within the meaning of 35 U.S.C. 285and awarding treble damages and reasonable attorneys' fees to AutomatedTransactions.

    37)Declaring Colonial has infringed United States Patent No. 7, 793,830;38)Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducing

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    infringement of United States Patent No. 7, 793,830.

    39) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,793,830 including treble damages, toAutomated Transactions, together with prejudgment and post-judgment interest,in an amount according to proof;

    40)This case be declared an "exceptional case" within the meaning of35 U.S.C. 285and awarding treble damages and reasonable attorneys' fees to AutomatedTransactions.

    41)Declaring Colonial has infringed United States Patent No. 7,802,718;42) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement of United States Patent No. 7,802, 718.

    43) Awarding lost profits or a reasonable royalty and other damages arising from Colonial'sinfringement of United States Patent No. 7,802,718 including treble damages, toAutomated Transactions, together with prejudgment and post-judgment interest,in an amount according to proof;

    44) This case be declared an "exceptional case" within the meaning of 35 U.S.C. 285and awarding treble damages and reasonable attorneys ' fees to AutomatedTransactions.

    45)Declaring Colonial has infringed United States Patent No . 7,837,101;46) Permanently enjoining Colonial, its officers, directors, agents, subsidiaries and

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    employees, and those in privity or in active concert with them, from furtheractivities that constitute infringement, contributory infringement and/or inducinginfringement ofUnited States Patent No. 7,837,101.

    47) Awarding lost profits or a reasonable royalty and other damages arising fromColonial's infringement ofUnited States Patent No. 7,837,101 including trebledamages, to Automated Transactions, together with prejudgment and post-judgment interest, in an amount according to proof;

    48) This case be declared an "exceptional case" within the meaning of 35 U.S.C. 285and awarding treble damages and reasonable attorneys' fees to AutomatedTransactions.

    49) Awarding Automated Transactions such other and further relief as the Courtdeems just and proper.

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    DEMAND FOR JURY TRIALPlainti ff requests a trial by jury of all issues.

    Dated: February 15, 2013

    Respectfully submitted,AUTOMATED TRANSACTIONS LLCBy its attorneys,

    By: s/ Daniel A. SuckermanDaniel A. SuckermanTannenbaum HelpemSyracuse & Hirschtritt LLP900 Third AvenueNew York, New York 10022(212) 508-6700OfCounsel:Albert L. Jacobs, Jr.Gerard F. DiebnerJohn Murray

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