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GlobeTecTrust v. FairPoint Communications

GlobeTecTrust v. FairPoint Communications

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00953-UNA: GlobeTecTrust LLC v. FairPoint Communications Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8va for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00953-UNA: GlobeTecTrust LLC v. FairPoint Communications Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8va for more info.

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Published by: PriorSmart on May 30, 2013
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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREGLOBETECTRUST LLCPlaintiff,v.FAIRPOINT COMMUNICATIONS,INC.Defendant.Civil Action No. ___________JURY TRIAL DEMANDED
 
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff GlobeTecTrust LLC, files this complaint for patent infringement againstDefendant Fairpoint Communications, Inc.:
THE PARTIES
1.
 
Plaintiff GlobeTecTrust LLC (“GlobeTecTrust”) is a Delaware limitedliability company with its principal place of business located at GlobeTecTrust LLC, c/oWilmington Trust SP Services, Inc., 1105 North Market Street, Suite 1300, Wilmington,Delaware 19801.2.
 
On information and belief, Defendant Fairpoint Communications, Inc.(“Defendant”) is a Delaware corporation with a principal place of business at 521 EastMorehead Street, Suite 250, Charlotte, North Carolina 28202. Defendant has appointedThe Corporation Trust Company, Corporation Trust Center, 1209 Orange Street,Wilmington, Delaware 19801, as its agent for service of process.
 
2
JURISDICTION
3.
 
This action arises under the patent laws of the United States, Title 35 of theUnited States Code. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331and 1338(a).4.
 
On information and belief, Defendant is subject to this Court's jurisdictionbecause Defendant has, upon information and belief, transacted business in the Districtand in the State of Delaware. For example, Defendant is incorporated and has appointedan agent for receipt of service of process in this District. Defendant thus has, uponinformation and belief, minimum contacts with this District and State, has purposefullyavailed itself of the privileges of conducting business in this District and State, regularlyconducts and solicits business within the State of Delaware, and has committed acts of patent infringement in this District and State.5.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c), and1400(b).
COUNT I(Infringement of U.S. Patent No. 6,272,548)
6.
 
GlobeTecTrust incorporates and realleges the allegations of paragraphs 1-5 asif fully set forth herein.7.
 
On August 7, 2001, the USPTO duly and legally issued U.S. Patent No.6,272,548 (the “’548 patent”), entitled “Dead Reckoning Routing of Packet Data Withina Network of Nodes Having Generally Regular Topology,” to David Cotter and MartinC. Tatham, who assigned their rights and interests in the ’548 patent to British
 
3Telecommunications Public Limited Company. A true and correct copy of the ’548patent is attached as Exhibit A.8.
 
GlobeTecTrust is the exclusive licensee of the ’548 patent and has the legalright to enforce rights under the ’548 patent, sue for infringement, and seek all availablerelief and damages.9.
 
Upon information and belief, Defendant is infringing (literally and/or underthe doctrine of equivalents) the ’548 patent in this District and throughout the UnitedStates by, among other things, making, using, importing, offering for sale and/or selling acommunications network that includes nodes as claimed in the ’548 patent that routenetwork traffic according to the method claimed in the ’548 patent. Defendant’sinfringing networks include, without limitation, networks utilizing a Multiprotocol LabelSwitching (MPLS) architecture, which allows Defendant to sell MPLS-based productsand services, such as Vantage Point. (See
http://www.fairpoint.com/enterprise/vantagepoint/ 
: “VantagePoint is a fully redundant,always-on network through which we offer a suite of economical, reliable high-bandwidth services. Our state-of-the-art fiber-based core network is the largest IP/MPLSbased network in northern New England.”)10.
 
Defendant committed these acts of infringement without license orauthorization.11.
 
As a result of Defendant’s infringement of the ’548 patent, GlobeTecTrust hassuffered monetary damages in an amount not yet determined, and will continue to sufferdamages in the future unless Defendant’s infringing activities are enjoined by this Court.

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