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Cogent Medicine v. Webmd

Cogent Medicine v. Webmd

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: Cogent Medicine Inc. v. Webmd LLC. Filed in U.S. District Court for the Northern District of California, no judge yet assigned. See http://news.priorsmart.com/-l9ds for more info.
Official Complaint for Patent Infringement in Civil Action No. None: Cogent Medicine Inc. v. Webmd LLC. Filed in U.S. District Court for the Northern District of California, no judge yet assigned. See http://news.priorsmart.com/-l9ds for more info.

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Published by: PriorSmart on Sep 27, 2013
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09/27/2013

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Comlaint for Patent Infrinement
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GUTRIDE SAFIER LLP
 ADAM J. GUTRIDE (State Bar No. 181446)adam@gutridesafier.comSETH A. SAFIER (State Bar No. 197427)seth@gutridesafier.comANTHONY PATEK (State Bar No. 228964)anthony@gutridesafier.comMARIE A. MCCRARY (State Bar No. 262670)marie@gutridesafier.com835 Douglass StreetSan Francisco, California 94114Telephone: (415) 529-4995Facsimile: (415) 449-6469Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIASAN FRANCISCO DIVISIONCOGENT MEDICINE INC.,Plaintiff,v.WEBMD LLC,Defendant.
 
Case No. 3:13-cv-4481
COMPLAINT FOR PATENTINFRINGEMENTDEMAND FOR JURY TRIALDate: September 27, 2013
 
 
- 2 -Comlaint for Patent Infrinement
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Plaintiff Cogent Medicine Inc. states its complaint against Defendant WebMD LLC,and alleges as follows:
THE PARTIES
1.
 
Plaintiff Cogent Medicine Inc. (“Plaintiff” or “Cogent”) is a corporationorganized and existing under the laws of the State of Delaware, with its principal place of  business at 4104 24
th
St., Suite 402, San Francisco, CA 94114.2.
 
Defendant WebMD LLC is a limited liability company organized and existingunder the laws of the State of Delaware with its principal place of business at 111 EighthAve., 7th Fl., New York, New York, 10011.
JURISDICTION AND VENUE
3.
 
Plaintiff realleges and incorporates by reference paragraphs the above paragraphs of this Complaint, inclusive, as though fully set forth herein.4.
 
This action is for patent infringement pursuant to the patent laws of the UnitedStates, 35 U.S.C. §§ 1,
et seq.
This Court has subject matter jurisdiction over the action pursuant to 28 U.S.C. §§ 1331 and 1338(a).5.
 
Personal jurisdiction exists generally over Defendant because it has sufficientminimum contacts with the forum as a result of business conducted within the State of California and within the Northern District of California. Personal jurisdiction also existsspecifically over Defendant because it, directly or through subsidiaries or intermediaries,makes, uses, offers for sale, sells, imports, advertises, makes available and/or markets one or more products and/or services within the State of California, and more particularly, withinthe Northern District of California, that infringe the patent-in-suit, as described more particularly below.6.
 
Venue is proper in the Northern District of California pursuant to 28 U.S.C. §§1391 and 1400(b), because Defendant has committed acts of infringement in the NorthernDistrict of California and has transacted business in the Northern District of California.
 
 
- 3 -Comlaint for Patent Infrinement
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CLAIM FOR RELIEF(Infringement of United States Patent No. 7,133,879)
7.
 
Plaintiff realleges and incorporates by reference the above paragraphs of thisComplaint, inclusive, as though fully set forth herein.8.
 
Plaintiff is the owner of all right, title, and interest in United States Patent No.7,133,879, entitled “Personalized Library Interface for Providing Data to a User,” duly andlegally issued by the United States Patent and Trademark Office on November 7, 2006 (the“’879 patent”). A true and correct copy of the ’879 patent is attached hereto as Exhibit A.9.
 
The ’879 patent generally describes and claims a computer-implementedmethod for providing users with a personal library interface containing medical literature.In the method of claim 1 of the ’879 patent, one or more search strategies directed towardmedical literature in data folders are accepted from users and stored. Further, user requeststo view medical information are accepted and, based on said requests, medical informationhaving been preselected by a specialist and placed in data folders is selectively provided tothe user. The medical information provided, which corresponds to the saved searchstrategies directed toward medical literature, is either added to one or more data sets sincethe last time the user accessed the data sets or is not limited in time. Claims 2-21 of the ’879 patent describe various other methods and a system of personalized library interface for  providing users with medical data.10.
 
Defendant has infringed and continues to infringe, literally and/or under thedoctrine of equivalents, one or more claims of the ’879 patent under 35 U.S.C. § 271 bymaking, using, offering to sell, selling, and/or importing into the United States the patentedinvention within the United States. Specifically, Defendant has infringed and continues toinfringe the ’879 patent by making, using, offering to sell, selling, and/or importing into theUnited States the Medscape product and service, accessible through at leastwww.medscape.com, and the Medscape iOS and Android mobile applications.11.
 
As a result of Defendant’s infringing activities with respect to the ’879 patent,Plaintiff has suffered damages in an amount not yet ascertained. Plaintiff is entitled to

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