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Brandywine Communications Technologies v. Aastra et. al.

Brandywine Communications Technologies v. Aastra et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01780-UNA: Brandywine Communications Technologies LLC v. Aastra USA Inc. et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7mH for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01780-UNA: Brandywine Communications Technologies LLC v. Aastra USA Inc. et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7mH for more info.

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Published by: PriorSmart on Dec 28, 2012
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02/01/2013

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_____________________________________________________________________________
PLAINTIFF BRANDYWINE COMMUNICATIONS TECHNOLOGIES, LLC'sCOMPLAINT FOR PATENT INFRINGEMENT Page 1 of 12
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREBRANDYWINE COMMUNICATIONSTECHNOLOGIES, LLC,Plaintiff,v.AASTRA USA, INC. AND AASTRATECHNOLOGIES, LTD.,Defendants.Civil Action No.JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Brandywine Communications Technologies, LLC ("Brandywine" or "Plaintiff"),by way of Complaint against the above-named Defendants (collectively, "Aastra" or"Defendant"), alleges the following:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. § 1
et seq
.
THE PARTIES
2.
 
Plaintiff Brandywine is a limited liability company organized under the laws of the State of Delaware with a place of business at 1612 Mt. Pleasant Road, Villanova,Pennsylvania, 19085.3.
 
Defendant Aastra Technologies, Ltd. is a corporation organized under the laws of Canada with its principal place of business at 155 Snow Blvd., Concord, Ontario, Canada, L4K4N9.
 
_____________________________________________________________________________
PLAINTIFF BRANDYWINE COMMUNICATIONS TECHNOLOGIES, LLC'sCOMPLAINT FOR PATENT INFRINGEMENT Page 2 of 12
4.
 
Defendant Aastra USA, Inc. is a corporation organized under the laws of the Stateof Delaware with its principal place of business at 2811 Internet Boulevard, Frisco, Texas 75034.
JURISDICTION AND VENUE
5.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, Title 35 of the United States Code.6.
 
This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338.7.
 
On information and belief, Defendant Aastra USA, Inc. is subject to the jurisdiction of this Court because it is incorporated in this State. On information and belief, eachDefendant is subject to the jurisdiction of this Court by virtue of its acts of patent infringementwhich have been committed in this Judicial District, and by virtue of its regularly conducted andsystematic business contacts in this State. As such, each Defendant has purposefully availeditself of the privilege of conducting business within this Judicial District; has establishedsufficient minimum contacts with this Judicial District such that it should reasonably and fairlyanticipate being haled into court in this Judicial District; has purposefully directed activities atresidents of this State; and at least a portion of the patent infringement claims alleged herein ariseout of or are related to one or more of the foregoing activities.8.
 
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c) and 1400(b).
FACTUAL BACKGROUND
9.
 
On December 13, 1994, U.S. Patent No. 5,881,142 (the "'142 Patent"), entitled“Integrated Communications Control Device for a Small Office Configured for Coupling Withina Scalable Network,” was duly and legally issued by the United States Patent and Trademark Office to inventors David P. Frankel, Gregory E. Pounds, and William D. Strauss, and has beenduly and legally assigned to Brandywine. A copy of the '142 patent is attached as Exhibit A.
 
_____________________________________________________________________________
PLAINTIFF BRANDYWINE COMMUNICATIONS TECHNOLOGIES, LLC'sCOMPLAINT FOR PATENT INFRINGEMENT Page 3 of 12
10.
 
On February 17, 1998, U.S. Patent No. 5,719,922 (the "'922 Patent"), entitled“Simultaneous Voice/Data Answering Machine,” was duly and legally issued by the UnitedStates Patent and Trademark Office to inventors Gordon Bremer and Richard Kent Smith, andhas been duly and legally assigned to Brandywine. A copy of the '922 patent is attached asExhibit B.11.
 
On May 22, 2001, U.S. Patent No. 6,236,717 (the "'717 Patent"), entitled“Simultaneous Voice/Data Answering Machine” was duly and legally issued by the UnitedStates Patent and Trademark Office to inventors Gordon Bremer and Richard Kent Smith, andhas been duly and legally assigned to Brandywine. A copy of the '717 patent is attached asExhibit C.12.
 
On December 11, 2012, Brandywine sent a letter to Defendant notifyingDefendant that it has been infringing the '142, '922, and '717 Patents through the use and sale of its office phone and voicemail systems, software, and services. This letter was sent by certifiedmail with return receipt requested. Upon information and belief, Defendant has received theletter.13.
 
On December 19, 2012, Brandywine’s counsel conferred with counsel forDefendant regarding issues identified in Brandywine’s December 11, 2012 letter.14.
 
On December 27, 2012, Brandywine’s counsel again conferred with counsel forDefendant, and provided Defendant additional notice regarding its infringing systems, software,and services.

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