Number 8,135,122 (the '122 Patent ). NobelBiz never disclosed to SafeSoft the
existence of either the '122 Patent or the application that matured into the '122 Patent prior to filing the litigation.
United States Patent Number 8,565,399 entitled SYS
METHOD FOR MODIFYING COMMUNICATION INFORMATION (MCI)
(the '399 Patent) issued on October 22, 2013. A true and correct copy of the '399
Patent is attached hereto as Exhibit A.
On information and belief, the '399 Patent has been assigned to NobelBiz.
On September 20, 2013, Ralph A. Dengler, counsel for NobelBiz, sent correspondence to counsel for SafeSoft stating that the '399 Patent would issue within the next 60 days or so and that [i]t is NobelBiz's intent to seek leave to add this patent to the '122 Patent litigation.
In a letter the same day to the Court presiding over the '122 Patent litigation, NobelBiz stated that, once the '399 Patent issued, NobelBiz intended to file claims against SafeSoft in federal court that SafeSoft was infringing one or more claims of the '399 Patent.
SafeSoft has not and will not infringe, either directly or indirectly, any valid claim of the '399 Patent, either literally or under the doctrine of equivalents.
By virtue of the foregoing, a substantial controversy exists between the parties that is of sufficient immediacy and reality to warrant declaratory relief.
FIRST COUNT — DECLARATORY JUDGMENT OF NON-
INFRINGEMENT ( 399 PATENT)
SafeSoft incorporates the foregoing paragraphs by reference as if fully
SafeSoft's local caller ID feature does not infringe any valid and enforceable claim of the '399 Patent.
Fa rella Braun + Martel LLP
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