JURISDICTION AND VENUE
This action arises under the patent laws of the United States, 35 U.S.C. § 1,
, including § 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331and 1338(a).5.
This Court has personal jurisdiction over Defendants because, among other reasons, CDW Corporation is a Delaware corporation, and Defendants have done business in thisDistrict, committed acts of patent infringement in this District, and harmed Data Carriers in thisDistrict, by, among other things, using, selling, offering for sale, and importing infringing products and services in this District.6.
Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(d) and 1400(b) because, among other reasons, CDW Corporation is a Delaware corporation, and Defendants aresubject to personal jurisdiction in this District, and have committed acts of patent infringement inthis District. On information and belief, for example, Defendants have used, sold, offered for sale, and imported infringing products in this District.
COUNT IINFRINGEMENT OF U.S. PATENT NO. 5,388,198
Data Carriers is the owner by assignment of United States Patent No. 5,388,198(the “‘198 patent”), entitled “Proactive Presentation of Automating Features to a Computer User.” The application for the ‘198 patent was filed on April 16, 1992. The patent issued onFebruary 7, 1995, and was originally assigned to Symantec Corporation. A true and correct copyof the ‘198 patent is attached as Exhibit A.8.
Defendants have directly infringed at least claim 5 of the ‘198 patent, in this judicial district and elsewhere in the United States, by, among other things, making, using,importing, offering for sale, and/or selling products or services that automatically intervene in