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Telinit Technologies v. Microsoft et. al.

Telinit Technologies v. Microsoft et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:12-cv-00662: Telinit Technologies, LLC v. Microsoft Corporation et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l6UM for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:12-cv-00662: Telinit Technologies, LLC v. Microsoft Corporation et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l6UM for more info.

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Published by: PriorSmart on Oct 13, 2012
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11/17/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONTELINIT TECHNOLOGIES, LLC §§Plaintiff, § CIVIL ACTION NO. 2:12-cv-662§v. § JURY TRIAL DEMANDED§MICROSOFT CORPORATION; §SKYPE COMMUNICATIONS S.A R.L.; §and SKYPE INC. §§Defendants. §COMPLAINT FOR PATENT INFRINGEMENT
COMES NOW, Plaintiff Telinit Technologies, LLC (“Telinit”), through the undersigned
attorneys, and respectfully alleges, states, and prays as follows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement under the Patent Laws of the United
States, Title 35 of the United States Code (“U.S.C.”), involving U.S. Patent 6,192,123(hereinafter the “‘123 Patent”, attached hereto as Exhibit “A”) in which Plaintiff TelinitTechnologies, LLC (hereinafter “Telinit”) makes the following allegations against defendantsMicrosoft Corporation (hereinafter “Microsoft”), Skype Communications S.à. r.l. (hereinafter “Skype Communications”) and Skype Inc. (hereinafter “Skype Inc.”) (collectively “Defendants”)
to prevent and enjoin Defendants from infringing and profiting, in an illegal and unauthorized
manner and without authorization or consent from the ‘123 Patent pursuant to 35 U.S.C. § 271,
and to recover damages, attorneys fees, and costs.
 
2
THE PARTIES
2.
 
Plaintiff Telinit is a Texas corporation with its principal place of business at 2500Dallas Parkway, Suite 260, Plano, Texas 75093-4871.3.
 
Defendant Microsoft is a Washington corporation and maintains a place of business within this state at 7000 State Highway 161, Irving, TX 75039. Microsoft maintains aregistered agent within this state at Corporation Service Company, 211 E. 7th Street, Suite 620,Austin, TX 78701.4.
 
Defendant Skype Communications is a Luxembourg limited liability partnershipwith a principal place of business at 23-29 Rives de Clausen, L-2165 Luxembourg, Luxembourgand may be served with process there by via an officer, a managing or general agent, or any otheragent authorized by appointment or by law to receive service of process.5.
 
Defendant Skype Inc. is a Delaware corporation with a place of business at 3210Porter Drive, Palo Alto, CA 94304. Skype maintains a registered agent at Corporation ServiceCompany, 2710 Gateway Oaks Dr., Suite 150 N, Sacramento, CA 95833.6.
 
On or around May 10, 2011, Microsoft issued a press release announcing anagreement with Skype Global S.à.
r.l. under which Microsoft would “acquire Skype,” andexplaining that “Skype will become
 
a new business division within Microsoft”. (
See
Exhibit
B
”).
 7.
 
Skype Communications was a separately incorporated subsidiary of Microsoft, atleast as recently as June 30, 2012, and may be served via an officer, a managing or general agent,or any other agent authorized by appointment or by law to receive service of process. In thealternative, Skype Communications may be served at 23-29 Rives de Clausen, L-2165
 
3Luxembourg, Luxembourg, via an officer, a managing or general agent, or any other agentauthorized by appointment or by law to receive service of process.8.
 
Defendants are in the business of manufacturing, distributing and/or sellingnetwork-based telephony initiation systems and/or services throughout the United States,including in this judicial jurisdiction.
JURISDICTION AND VENUE
9.
 
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.§§1331 and 1338(a) because the action arises under the Patent Laws of the United States, 35U.S.C. §§ 1
et seq
.10.
 
This Court has personal jurisdiction over Defendants by virtue of their systematicand continuous contacts with this jurisdiction, as alleged herein, as well as because of the injuryto Telinit, and the cause of action Telinit has risen, as alleged herein.11.
 
Each of the Defendants is subject to this Court’s specific a
nd general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least to itssubstantial business in this forum, including: (i) at least a portion of the infringements allegedherein; and (ii) regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or deriving substantial revenue from goods and services provided to individuals inTexas and in this Judicial District.12.
 
Defendants have conducted and do conduct business within the state of Texas,including the geographic region within the Eastern District of Texas, directly or throughintermediaries, resellers or agents, or offer for sale, sell, advertise (including the use of interactive web pages with promotional material) products or services, or use or induce others to
use services or products in Texas that infringe the ‘123 Patent, knowingly induce others to

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