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
Alcorn Communications v. Business Wire

Alcorn Communications v. Business Wire

Ratings: (0)|Views: 49 |Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00755-UNA: Alcorn Communications LLC v. Business Wire Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l87W for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00755-UNA: Alcorn Communications LLC v. Business Wire Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l87W for more info.

More info:

Published by: PriorSmart on May 01, 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

05/01/2013

pdf

text

original

 
 
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
ALCORN COMMUNICATIONS LLC, ::Plaintiff, ::v. : Civil Case No. __________ :BUSINESS WIRE, INC. ::
 JURY TRIAL DEMANDED
 Defendant. ::
COMPLAINT
Plaintiff Alcorn Communications LLC ("Plaintiff"), for its Complaint against DefendantBusiness Wire, Inc. ("Defendant"), hereby alleges as follows:
PARTIES
 1.
 
Plaintiff is a Delaware limited liability company.2.
 
Upon information and belief, Defendant is a Delaware corporation having aprincipal place of business at 44 Montgomery Street, 39th Floor, San Francisco, CA 94104.Upon information and belief, Defendant may be served with process through its registered agent, The Corporation Trust Company, at Corporation Trust Center, 1209 Orange Street, Wilmington,DE 19801.
NATURE OF THE ACTION
3.
 
 This is a civil action for the infringement of United States Patent No. 6,289,350(the "'350 Patent") and United States Patent No. 6,363,390 (the "'390 Patent") (collectively, the"Patents-In-Suit") under the Patent Laws of the United States, 35 U.S.C. § 1 et seq.
 
 
 JURISDICTION AND VENUE
4.
 
 This Court has jurisdiction over the subject matter of this action pursuant to 28U.S.C. §§ 1331 and 1338(a) because this action arises under the Patent Laws of the UnitedStates, 35 U.S.C. § 271
et seq.
 5.
 
 This Court has personal jurisdiction over Defendant because it is incorporated inDelaware and has purposely availed itself of the privileges and benefits of the laws of the Stateof Delaware.6.
 
Upon information and belief, more specifically, Defendant, directly and/orthrough authorized intermediaries, ships, distributes, offers for sale, sells, and/or advertises(including the provision of an interactive web page) its products and services in the United Statesand the State of Delaware. Upon information and belief, Defendant has committed patentinfringement in the State of Delaware. Defendant solicits customers in the State of Delaware.Defendant has many paying customers who are residents of the State of Delaware and who eachuse Defendant's products and services in the State of Delaware.7.
 
Venue is proper in this judicial district as to Defendant pursuant to 28 U.S.C.§§ 1391 and 1400(b).
 THE PATENTS-IN SUIT
8.
 
Paragraphs 1-7 are incorporated by reference as if fully set forth herein.9.
 
On September 11, 2001, the '350 Patent entitled "System and Method ForStructured News Release Generation and Distribution" was duly and lawfully issued by theUnited States Patent and Trademark Office ("PTO"). The '350 Patent is attached hereto asExhibit A.
 
 
10.
 
On March 26, 2002, the '390 Patent entitled "System and Method For StructuredNews Release Generation and Distribution" was duly and lawfully issued by the PTO. The '390Patent is attached hereto as Exhibit B.11.
 
Plaintiff is the exclusive licensee of the Patents-In-Suit and possesses all rights of recovery under the Patents-In-Suit, including the right to sue and recover all damages forinfringement thereof, including past infringement.
COUNT I – PATENT INFRINGEMENT
 12.
 
Paragraphs 1-11 are incorporated by reference as if fully restated herein.13.
 
Upon information and belief and in violation of 35 U.S.C. § 271(a), Defendanthas infringed and continues to infringe at least one or more claims of the '350 Patent by making,using, providing, offering to sell, and selling (directly or through intermediaries), in this districtand elsewhere in the United States, a method for structured generation of a news release ("NXNetwork"), as described via Defendant’s website http://www.businesswire.com.14.
 
For purposes of the '350 patent, Defendant's NX Network service receivesspecified content of each of a plurality of pre-determined sections of the news release, thepredetermined sections and their ordering determining in part a desired format for the newsrelease. Customers upload information to the NX Network service regarding specified sectionssuch as Header, Summary, Body, Contact, and the like. Once the customer has uploaded theircontent, experienced editorial professionals format the content into a press release. The NXNetwork service stores, in a digital storage medium, the content specified for each of thesections. That is, the NX Network stores the received content in a digital storage medium, suchas a datastore (e.g., database). The NX Network service then assembles the news release by

You're Reading a Free Preview

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