ALLMAN & NIELSEN, P.C.
100 Larkspur Landing Circle Suite 212 Larkspur, CA 94939 Telephone: 415) 461-2700 Facsimile: 415) 461-2726
COMPLAINT FOR DECLARATORY JUDGMENT RE PATENT Case No.
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activities to this district by,
, offering for sale desks specifically within California by use of his website www.edesk.us.
Upon Murray’s above referenced website,
in the Contact / Where to Buy section, there is a specific hyperlink on a map of California, as shown herein in Exhibit A.
The California hyperlink leads to a display of Murray’s contact information in Connecticut.
9. Not all states
on Murray’s website map
have hyperlinks and not all hyperlinks lead to the contact information of Murray. Thus, Murray has specifically and
intentionally made offers of desk sales within the Court’s jurisdiction.
10. An immediate, real and justiciable controversy exists between SAUSALITO CRAFTWORKS and Murray as to whether the Desktops at Issue, as shown in Exhibit C, infringe upon U.S. Patent 7,438,002 (sometimes refer
red to as the “Patent
). 11. An immediate, real and justiciable controversy exists between SAUSALITO CRAFTWORKS and Murray as to whether the Patent-in-Suit is valid and enforceable. 12. The various actions of Murray have created uncertainty as to SAUSALITO
CRAFTWORKS’ exposure to liability for patent infringement
, costs of patent litigation and current plans to sell the Desktops at Issue on a national basis. Pictures of the Desktops at Issue may be found within Exhibit C. 13. A copy of the Patent-in-Suit is attached hereto as Exhibit B. 14. On or about November of 2012 Murray and SAUSALITO CRAFTWORKS entered into an agreement comprising a non-exclusive license, but exclusive as to 13 states, to the Patent-in-Suit, manufacturing and marketing agreements, proprietary information agreements and an agreement for SAUSALITO CRAFTWORKS to receive a percentage of
Murray’s future sale of certain rights.