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Zyme Solutions v. Infonow Corporation, dba Channelinsight

Zyme Solutions v. Infonow Corporation, dba Channelinsight

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-04082: Zyme Solutions, Inc. v. Infonow Corporation, dba Channelinsight. Filed in U.S. District Court for the Northern District of California, no judge yet assigned. See http://news.priorsmart.com/-l93S for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-04082: Zyme Solutions, Inc. v. Infonow Corporation, dba Channelinsight. Filed in U.S. District Court for the Northern District of California, no judge yet assigned. See http://news.priorsmart.com/-l93S for more info.

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Published by: PriorSmart on Sep 04, 2013
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COMPLAINT FOR DECLARATORY RELIEF
Jacob Song #265371 jacob.song@kutakrock.comKutak Rock LLPSuite 15005 Park PlazaIrvine, CA 92614-8595Telephone: (949) 417-0999Facsimile: (949) 417-5394Chad T. Nitta
(pro hac vice pending)
chad.nitta@kutakrock.comBlair E. Kanis
(pro hac vice pending)
 blair.kanis@kutakrock.comKutak Rock LLP1801 California St., Suite 3100Denver, CO 80202Telephone: (303) 297-2400Attorneys for Plaintiff ZYME SOLUTIONS, INC.UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISIONZYME SOLUTIONS, INC.,Plaintiff,v.INFONOW CORPORATION, d/b/aCHANNELINSIGHT, and DOES 1 through100, INCLUSIVEDefendants.COMPLAINT FOR:
DECLARATORY RELIEF
DEMAND FOR JURY TRIAL
 
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COMPLAINT FOR DECLARATORY RELIEF
Plaintiff Zyme Solutions, Inc. (“Zyme”) for its Complaint for Declaratory Relief againstDefendant InfoNow Corporation d/b/a Channelinsight (“Channelinsight”) alleges as follows:
PARTIES
1. Zyme is corporation duly organized and existing under the laws of the State of Delaware having its principal place of business at 240 Twin Dolphin Drive, Suite E, RedwoodShores, CA 94065.2. On information and belief, Channelinsight is a corporation duly organized andexisting under the laws of the State of Delaware having its principal place of business at 1875Lawrence Street, Suite 1100, Denver, CO 80202. On information and belief, Channelinsight alsomaintains a place of business in this jurisdiction at 525 University Avenue, Suite #1350, PaloAlto, California 94301.
JURISDICTION AND VENUE
3. This action arises under the patent laws of the United States, 35 U.S.C. §§ 1 et seq.and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§1331 and 1338.5. This Court has personal jurisdiction over Channelinsight because Channelinsightmaintains a place of business in this judicial district, transacts business and/or offers to transact business within this judicial district (directly or through intermediaries) and because Zyme is being damaged in the State of California.6. Venue is proper in the United States District Court for the Northern District oCalifornia pursuant to 28 U.S.C. § 1391.
FACTUAL BACKGROUND
7. On December 14, 2012, Channelinsight filed a Complaint for Patent Infringement(the “Colorado Complaint”) against Zyme in the United States District Court for the District of Colorado (the “Colorado Action”). A true and correct copy of the Colorado Complaint isattached hereto as Exhibit A./ / /
 
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COMPLAINT FOR DECLARATORY RELIEF
8. In the Colorado Complaint, Channelinsight alleged that it was the owner andassignee of all right, title, and interest in and to United States Patent No. 8,296,258 B2 (the “‘258Patent”). A true and correct copy of the ’258 Patent is attached hereto as Exhibit B.9. Channelinsight further alleged that Zyme “has been and now is infringing, literallyand/or under the doctrine of equivalents, the ‘258 Patent … by, among other things, making,using, importing, offering to sell, and/or selling in the United States products and services thatembody the inventions claimed in the ‘258 Patent, including, but not limited to, it’s channel datasolutions products and services.” (
See
Exh. A, Colorado Complaint at ¶ 9.)10. In the Colorado Action, Channelinsight sought preliminary and permanentinjunctive relief and damages for Zyme’s alleged infringement of the ‘258 Patent.11. Despite engaging Zyme in communications related to Channelinsight’s intellectual property in general, Channelinsight did not inform Zyme of its belief that Zyme was infringingthe ‘258 Patent prior to initiating the Colorado Action.12. On January 7, 2013, Zyme filed a Motion to Dismiss for Failure to State a ClaimUpon Which Relief Can Be Granted and for Lack of Personal Jurisdiction (the “Motion toDismiss”). In support of its request for dismissal of the Colorado Complaint, Zyme asserted,among other things, that it was not subject to the personal jurisdiction of the United States DistrictCourt for the District of Colorado.13. In response to the Motion to Dismiss, Channelinsight requested and received fromthe Colorado Court the right to take limited discovery related to Zyme’s alleged business contactswith Colorado.14. While the Motion to Dismiss remained pending, the parties engaged in writtendiscovery related to Channelinsight’s allegation that Zyme sold or offered to sell products andservices that embody the inventions claimed in the ‘258 Patent as well as related to the validity of the ‘258 Patent.15. During the course of discovery, Channelinsight identified multiple products or services offered by Zyme that it alleged infringed the ‘258 Patent./ / /

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