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Activision TV v. Build-A-Bear Workshop

Activision TV v. Build-A-Bear Workshop

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01087-UNA: Activision TV Inc. v. Build-A-Bear Workshop Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8BL for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01087-UNA: Activision TV Inc. v. Build-A-Bear Workshop Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8BL for more info.

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Published by: PriorSmart on Jun 18, 2013
Copyright:Public Domain

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04/23/2014

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1
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
ACTIVISION TV, INC., §§Plaintiff, §
 
§
Civil Action No. ____________
 v. §
 
§
JURY TRIAL DEMANDED
 BUILD-A-BEAR WORKSHOP, INC., §§
 
Defendant. §
 COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Activision TV, Inc. ("Plaintiff"), by way of this Complaint for PatentInfringement ("Complaint") against Defendant Build-A-Bear Workshop, Inc. ("Defendant"),hereby alleges as follows:
THE PARTIES
1.
 
Plaintiff Activision is a corporation organized under the laws of Delaware with its principal place of business at 5400 Yahl Street, Suite D, Naples, Florida 34109.2.
 
Upon information and belief, Defendant is a corporation organized under the lawsof Delaware with a place of business at 174 Christina Mall, Newark DE 19702, and a registered agent for service of process at Corporation Service Company, 2711 Centerville Road, Suite 400,Wilmington, Delaware 19808.
 JURISDICTION AND VENUE
3.
 
This is an action for patent infringement arising under the patent laws of theUnited States, 35 U.S.C. § 271
et seq
.4.
 
This Court has subject matter jurisdiction over this action under 28 U.S.C.§§ 1331 and 1338(a).
 
25.
 
This Court has personal jurisdiction over Defendant at least because Defendanthas ongoing and systematic contacts with this District and the United States. Specifically,Defendant is a corporation organized under the laws of Delaware, and has thereby availed itself of the privileges and the protections of the laws of the State of Delaware. Furthermore, uponinformation and belief, Defendant owns and operates a business within this judicial district.6.
 
Venue is proper in this District under 28 U.S.C. §§ 1400 (b) and 1391.
COUNT IINFRINGEMENT OF U.S. PATENT NOS. 7,369,058 and 8,330,613
7.
 
Plaintiff repeats and realleges the allegations of paragraphs 1 through 6 as thoughfully set forth herein.8.
 
On May 6, 2008, United States Patent No. 7,369,058 ("the '058 Patent,"), entitled "REMOTE CONTROL ELECTRONIC DISPLAY SYSTEM," was duly and legally issued bythe United States Patent and Trademark Office. A true and correct copy of the '058 Patent isattached as Exhibit A to this Complaint.9.
 
On December 11, 2012, United States Patent No. 8,330,613 ("the '613 Patent," or,collectively with the '058 Patent, the "Activision Patents"), entitled "REMOTE CONTROLELECTRONIC DISPLAY SYSTEM," was duly and legally issued by the United States Patentand Trademark Office. A true and correct copy of the '613 Patent is attached as Exhibit B to thisComplaint.10.
 
Plaintiff Activision, as the assignee and owner of all right, title, and interest in and to the Activision Patents, has the right to assert causes of action arising under said patents and the right to any remedies for infringement thereof.
 
311.
 
Defendant has been directly infringing and continues to directly infringe one or more claims of each of the Activision Patents in the United States at least by using interactivedigital kiosk systems in its locations throughout the United States in violation of 35 U.S.C.§ 271(a).
 
12.
 
Because of Defendant's infringement of the Activision Patents, Plaintiff hassuffered damages and will continue to suffer damages in the future.
 
13.
 
Plaintiff has suffered irreparable injury due to the acts of infringement byDefendant and will continue to suffer such irreparable injury unless Defendant's infringingactivities are enjoined.
 
14.
 
Defendant has had notice of its infringement of the '058 Activision Patent since atleast February 7, 2013, when counsel for Activision sent Defendant a notice letter by certified mail.
 
15.
 
Upon information and belief, Defendant has continued to infringe despite itsknowledge of the Activision patents and Activision's notice of infringement.
 JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands a trial by jury on all issues triable as such.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully demands judgment for itself and against Defendantas follows:A.
 
An adjudication that Defendant has infringed the Activision Patents;

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