Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Microsoft v. Robocast

Microsoft v. Robocast

Ratings: (0)|Views: 144|Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00313-UNA: Microsoft Corporation v. Robocast Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7JE for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00313-UNA: Microsoft Corporation v. Robocast Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7JE for more info.

More info:

Published by: PriorSmart on Feb 26, 2013
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/26/2013

pdf

text

original

 
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
MICROSOFT CORPORATION,Plaintiff 
 ,
v.ROBOCAST, INC.,Defendant
.
C. A. No. ______________________ 
COMPLAINT
Plaintiff Microsoft Corporation, by and through the undersigned attorneys, files thisComplaint for patent infringement against Defendant Robocast, Inc., requesting damages andother relief and alleging as follows:
PARTIES
1.
 
Plaintiff Microsoft Corporation (hereinafter “Microsoft”) is a Washingtoncorporation, with its principal place of business located at One Microsoft Way, Redmond, WA98052.2.
 
On information and belief, Defendant Robocast, Inc. (hereinafter “Robocast”) is aDelaware corporation having its principal place of business at 90 Lexington Avenue, New York, NY 10003. On information and belief, Robocast’s registered agent for service in Delaware isDelaware Corporation Organizers, Inc., 1201 North Market Street, 18
th
Floor, P.O. Box 1347,Wilmington, DE 19808.
 
2
JURISDICTION AND VENUE
3.
 
This is a civil action for patent infringement arising under the Patent Laws of theUnited States, Title 35 of the United States Codes. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338.4.
 
The Court has personal jurisdiction over Robocast because Robocast is aDelaware corporation and it has voluntarily invoked this Court’s jurisdiction by filing an earlier suit against Microsoft in this Court (
 Robocast Inc. v. Microsoft Corporation
, 1:10-cv-1055).Robocast has purposefully directed its activities at residents of Delaware, including by touting itsinfringing websites (
e.g.
, http://www.robocast.com and http://beta.robocast.com) during thecourse of the aforementioned litigation.5.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400 because Robocast is a Delaware corporation, it already has filed the earlier suit in this Court,and it has purposefully directed its activities relating to its infringing website in this Court.
PATENT-IN-SUIT
6.
 
Microsoft is the owner by assignment of all right, title, and interest in and toUnited States Patent No. 6,632,248 (“the ’248 patent”), entitled “Customization of Network Documents by Accessing Customization Information on A Server Computer Using Uniquie [sic]User Identifiers.” The ’248 patent was issued on October 14, 2003, from U.S. Patent Application No. 08/761,566, which was filed on December 6, 1996. A true and correct copy of the ’248 patent is attached hereto as Exhibit A.7.
 
The ’248 patent generally discloses methods and apparatuses for providingcustomized information to a user who accesses network documents via a computer network.
 
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
9.
 
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 (
e.g.
, 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;

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->