3This customization process significantly improves the web-surfing experience by providingcomputer users with selective access to a wide variety of network contents.8.
Microsoft has incurred substantial effort and expenses to develop the technologiesleading to the ’248 patent.
CLAIM FOR INFRINGEMENT OF THE ’248 PATENT
Microsoft incorporates herein the allegations of paragraphs 1-8. As described below, Robocast has infringed and continues to infringe the ’248 patent.10.
Robocast has infringed and continues to infringe the ’248 patent under 35 U.S.C.§ 271(a), either literally and/or under the doctrine of equivalents, by making, using, offering for sale, and/or selling within the United States or importing into the United States, web-basedservices via operation of its websites (
, http://www.robocast.com andhttp://beta.robocast.com) and related software, including but not limited to, Robocaster,RoboGuide, RoboMobile, RoboPublisher, RoboSearch, RoboStats, RoboSurf, RoboShow,Tricon, and Play The Web. Robocast’s websites and related software have infringed andcontinues to infringe one or more claims of the ’248 patent by at least obtaining and storingnetwork document customization information selected by one or more computer users.11.
As a result of Robocast’s past and continued unlawful infringement of the ’248 patent, Microsoft has suffered and will continue to suffer damages. Microsoft is entitled torecover damages adequate to compensate for Robocast’s infringement in an amount that will beascertained at trial, but in no event less than a reasonable royalty.
PRAYER FOR RELIEFWHEREFORE
, Microsoft respectfully requests the following relief:(1)
A judgment that Robocast has directly infringed the ’248 patent;