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Tierra Intelectual Borinquen v. HTC et. al.

Tierra Intelectual Borinquen v. HTC et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00039: Tierra Intelectual Borinquen, Inc. v. HTC Corporation et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7w3 for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-00039: Tierra Intelectual Borinquen, Inc. v. HTC Corporation et. al. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l7w3 for more info.

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Published by: PriorSmart on Jan 23, 2013
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02/01/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONTIERRA INTELECTUAL BORINQUEN, §INC. §Plaintiff, § CIVIL ACTION NO. 2:13-cv-39§v. § JURY TRIAL DEMANDED§HTC CORPORATION, HTC AMERICA §HOLDING, INC., HTC AMERICA, INC., §HTC (B.V.I.) CORPORATION, and §EXEDEA, INC., §§Defendants. §COMPLAINT FOR PATENT INFRINGEMENT
TO THE HONORABLE COURT:COMES NOW, Plaintiff Tierra Intelectual Borinquen, Inc.
(“T
IB
”), through the
undersigned attorneys, for its Complaint against
HTC Corporation (“HTC Corp.”), HTCAmerica Holding, Inc. (“HTC Holding”), HTC America, Inc. (“HTC America”), HTC(B.V.I.) Corporation (“HTC BVI”), and Exedea, Inc. (“Exedea”) (collectively,“Defendants”), alleges as follows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement arising under the patent laws of 
the United States, Title 35 of the United States Code (“U.S.C.”) to prevent and enjoin
Defendants from infringing and profiting, in an illegal and unauthorized manner andwithout authorization and/or consent from TIB, from U.S. Patent No. 7,350,078 (the
“‘078 Patent”) and U.S. Patent No. 7,725,725 (the “’725 Patent”), (attached hereto as
Exhibits A and B, respectively) pursuant to 35 U.S.C. §271, and to recover damages,
attorneys’ fees, and costs.
 
 
 2
THE PARTIES
2.
 
Plaintiff TIB is a corporation organized under the laws of Puerto Rico withits principal place of business at 1414 Aldea St., Suite 402, San Juan, Puerto Rico 00907.3.
 
Defendant HTC Corp. is a corporation organized and existing under thelaws of Taiwan with its principal place of business at 23 Xinghau Road, Taoyuan 330,Taiwan, Republic of China. HTC Corp. is engaged in the design, manufacture,importation into the United States, and sale after importation into the United States of mobile devices and related software.4.
 
Defendant HTC Holding is a wholly-owned subsidiary of HTC Corp. andis incorporated under the laws of the state of Washington with its principal place of business at 13920 SE Eastgate Way, Suite 400, Bellevue, Washington 98005. HTCHolding can be served with process through its agent National Registered Agents, Inc.,17809 Barnes Blvd., SW Tumwater, Washington 98512-0410. HTC Holding is engagedin the activities on behalf of its parent, HTC Corp., and is the parent company HTCAmerica.5.
 
Defendant HTC America is a wholly-owned subsidiary of HTC Holdingand is incorporated under the laws of the state of Washington, with its principal place of business at 13920 SE Eastgate Way, Suite 400, Bellevue, Washington 98005. HTCAmerica can be served with process through its agent National Registered Agents, Inc.,17809 Barnes Blvd., SW Tumwater, Washington 98512-0410. HTC America performsseveral services to support the importation and sale of mobile devices and relatedsoftware made by or on behalf of HTC Corp. into and within the United States, includingmarketing, repair, and after-sale services of mobile devices.
 
 36.
 
Defendant HTC BVI is a wholly-owned subsidiary of HTC Corp. and isincorporated under the laws of the British Virgin Islands with its principal place of business at 3F, Omar Hodge Building, Wickhams Cay I, P.O. Box 362, Road Town,Tortola, British Virgin Islands. HTC BVI is engaged in activities on behalf of its parent,HTC Corp., and is the parent company of Exedea.7.
 
Defendant Exedea is a wholly-owned subsidiary of HTC BVI and isincorporated under the laws of the state of Texas with its principal place of business at5950 Corporate Drive, Houston, Texas 77036. Exedea imports mobile devices made byor on behalf of HTC Corp. into the United States and distributes and sells such mobiledevices after their importation.8.
 
Defendants are in the business of making, using, selling, offering for saleand/or importing mobile devices.
JURISDICTION AND VENUE
9.
 
This Court has subject matter jurisdiction over this action pursuant to 28U.S.C. §§1331 and 1338(a) because the action arises under the patent laws of the UnitedStates, 35 U.S.C. §§1 et seq.10.
 
This Court has personal jurisdiction over Defendants by virtue of theirsystematic and continuous contacts with this jurisdiction, as well as because of the injuryto TIB and the cause of action TIB has raised, as alleged herein.11.
 
Defendants are subject to this Court’s sp
ecific and general personal jurisdiction pursuant to due process and/or the Texas Long-Arm Statute, due to at leasttheir substantial business in this forum, including: (i) at least a portion of theinfringement alleged herein; and (ii) regularly doing or soliciting business, engaging in

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