Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b). Oninformation and belief, Defendant has transacted business in this district, and has committedand/or induced acts of patent infringement in this district.6.
On information and belief, Amazon is subject to this Court’s specific and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at least toits substantial business in this forum, including: (i) at least a portion of the infringements allegedherein; and (ii) regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or deriving substantial revenue from goods and services provided to individuals inTexas and in this Judicial District.
COUNT IINFRINGEMENT OF U.S. PATENT NO. 7,113,996
Plaintiff is the owner by assignment of United States Patent No. 7,113,996 (“the'996 Patent”) entitled “Method and system for secured transport and storage of data on anetwork” – including all rights to recover for past and future acts of infringement. The '996Patent issued on September 26, 2006. A true and correct copy of the '996 Patent is attached asExhibit A.8.
Upon information and belief, Amazon has been and now is directly or throughintermediaries is making, made, having made, installing, installed, using, used, importing,imported, providing, provided, supplying, supplied, distributing, distributed, selling, sold,offering and/or offered for sale products and/or systems (the “infringing products/systems”) thatinfringe or, when used by their intended users in the manner intended by Amazon, infringe(d)one or more claims of the ‘996 Patent in the State of Texas, in this judicial district, and elsewherein the United States. The infringing products/systems are designed and/or programmed to provide secure transport of secure packets (referred to by Amazon as “Private Content”) along anetwork, comprising multiple nodes. A first and a second of those network nodes areoperationally coupled within or to, and operationally under control of, the infringing products/systems. The infringing products/systems are designed and/or programmed to providecreation of secure packets – related to a given data or communications transmission – at a node