Pragmatus Telecom [NPE] filed suit against 1-800-Flowers.com, Bank of America, Capital One, Cheaper than Dirt, ICON Health & Fitness, Kmart, Marriot, Newsom Designs, PETCO, Team Express Distributing, and Neiman Marcus, alleging that defendants’ implementation of  ”click-to-chat” help (supplied by Live Person) on their websites infringe three patents related to contact center communications.  This is the first patent infringement suit initiated by the plaintiff entity, Pragmatus Telecom.  The patents-in-suit originated with The New Brunswick Telephone Company, and were subsequently assigned to Bell Aliant Regional Communications in October 2009. Pragmatus Telecom is the most recent Pragmatus patent enforcement entity; others include Pragmatus AV and Pragmatus VOD.  In August 2011, RPX obtained pre-litigation sublicense rights to the Bell Aliant portfolio for RPX clients at the time of acquisition.  11/15, Eastern District of Texas, 6:2011cv00620.