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Data Carriers v. Nordstrom Et. Al.

Data Carriers v. Nordstrom Et. Al.

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Published by PatentBlast
Data Carriers v. Nordstrom et. al.
Data Carriers v. Nordstrom et. al.

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Published by: PatentBlast on May 09, 2013
Copyright:Attribution Non-commercial

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05/09/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
DATA CARRIERS, LLC,Plaintiff,v. NORDSTROM, INC., NORDSTROM.COMINC., and NORDSTROM.COM LLC,Defendants.C.A. No. _________ 
JURY TRIAL DEMANDEDCOMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Data Carriers, LLC (“Data Carriers”) alleges the following for its complaintagainst Defendants Nordstrom, Inc., Nordstrom.com Inc., and Nordstrom.com LLC (collectively“Defendants”).
THE PARTIES
1.
 
Plaintiff Data Carriers is a Delaware limited liability company having a principal place of business at 4023 Kennett Pike, Suite 531, Wilmington, Delaware 19807-2018.2.
 
Defendant Nordstrom Inc. is a corporation organized under the laws of the Stateof Delaware with a principal office at 1617 6
th
Avenue, Seattle, WA 98101-1707. Defendant Nordstrom Inc. may be served with process via its registered agent The Corporation TrustCompany, 1209 Orange Street, Wilmington, DE 19801.3.
 
Defendant Nordstrom.com Inc. is a corporation organized under the laws of theState of Delaware with a principal office at 1617 6
th
Avenue, Seattle, WA 98101-1707.Defendant Nordstrom Inc. may be served with process via its registered agent IncorporatingServices, Ltd., 3500 S. Dupont Hwy, Dover, DE 19901.
 
 24.
 
Defendant Nordstrom.com LLC is a limited liability company organized under the laws of the State of Delaware with a principal office at 1617 6
th
Avenue, Seattle, WA 98101-1707. Defendant Nordstrom.com LLC may be served with process via its registered agent TheCorporation Trust Company, 1209 Orange Street, Wilmington, DE 19801.
JURISDICTION AND VENUE
5.
 
This is a patent infringement action. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §§1331 and 1338.6.
 
The Court has personal jurisdiction over Defendants, because Defendants conduct business in this jurisdiction, including by selling products throughout this District. The Courtalso has personal jurisdiction over Defendants, because Defendants are Delaware corporations.7.
 
Venue is proper in this District pursuant to 28 U.S.C. §§1391(b)-(c) and §1400(b), because Defendants reside in this District and substantial acts of infringement have occurred inthis District.
COUNT ONEINFRINGEMENT OF U.S. PATENT NO. 5,388,198
8.
 
Plaintiff Data Carriers is the owner by assignment of United States Patent No.5,388,198 (the “’198 patent”), entitled “Proactive Presentation of Automating Features to aComputer User.” The application for the ’198 patent was filed on April 16, 1992. The patentissued on February 7, 1995 and was originally assigned to Symantec Corporation. A true andcorrect copy of the ’198 Patent is attached as Exhibit A hereto.9.
 
Plaintiff Data Carriers holds the exclusive right to take all actions, including thefiling of this patent infringement lawsuit, necessary to enforce its rights to the ’198 Patent.Plaintiff also has the right to recover all damages for past, present, and future infringement of the’198 Patent and to seek injunctive relief as appropriate under the law.
 
 310.
 
Defendants have infringed and continue to directly and/or jointly infringe, either literally or by equivalents, one or more claims of the ’198 Patent, including at least Claim 5, byusing the claimed method or system in operating the websiteshop.nordstrom.comin a way thatautomatically intervenes in a customer or potential customer’s use of the website to suggest or  present features based on information on the use of the system, including but not limited toautocomplete features. While a user is accessing theshop.nordstrom.comwebsite, Defendantscontinuously monitor and compare user manipulations and program context with featuretemplates stored in memory and present automating features if a match is found.11.
 
Defendants’ operation of the website in the above-described manner in the UnitedStates is without the permission of Plaintiff and constitutes infringement under 35 U.S.C. §271for which Defendant is liable.12.
 
As a result of Defendants’ infringement, Plaintiff Data Carriers has been damagedmonetarily and is entitled to adequate compensation of no less than a reasonable royalty pursuantto 35 U.S.C. § 284.
JURY DEMAND
Plaintiff requests a jury on all issues so triable.

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