Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Stec Ip v. Google

Stec Ip v. Google

Ratings:
(0)
|Views: 204|Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00639-UNA: Stec Ip LLC v. Google Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l69C for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00639-UNA: Stec Ip LLC v. Google Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l69C for more info.

More info:

Published by: PriorSmart on May 23, 2012
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

11/14/2013

pdf

text

original

 
 
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
STEC IP, LLC,Plaintiff,v.GOOGLE, INC.,Defendant.Civil Action No. _________ JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement arising under the Patent Laws of the UnitedStates of America, 35 U.S.C. § 1
et seq.
in which Plaintiff STEC IP, LLC makes the followingallegations against Defendant Google, Inc.:
PARTIES
 1.
 
Plaintiff STEC IP, LLC (“STEC”) is a Delaware limited liability company havinga principal place of business at 2 Terrace Way, Suite C, Greensboro, North Carolina 27403.2.
 
On information and belief, Defendant Google, Inc. (“Google”) is a Delawarecorporation with its principal place of business located at 1600 Amphitheatre Parkway, MountainView, California 94043. On information and belief, Google may be served through its registeredagent, The Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware 19801.
JURISDICTION AND VENUE
3.
 
This action arises under the patent laws of the United States, Title 35 of theUnited States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C.§§ 1331 and 1338(a).4.
 
On information and belief, Google is subject to this Court's specific and general personal jurisdiction pursuant to due process and/or the Delaware Long Arm Statute, due to
 
 
2having availed itself of the rights and benefits of Delaware by incorporating under Delaware lawand due to its substantial business in this forum, including: (i) at least a portion of theinfringements alleged herein; 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 in Delaware and in this Judicial District.5.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(b), 1391(c) and 1400(b).Google is incorporated in this District, and on information and belief, has transacted business inthis district and has committed and/or induced acts of patent infringement in this district.
COUNT IINFRINGEMENT OF U.S. PATENT NO. 7,596,784
6.
 
Plaintiff STEC realleges and incorporates by reference paragraphs 1-5 above, as if fully set forth herein.7.
 
Plaintiff STEC is the owner by assignment of United States Patent No. 7,596,784(“the ’784 patent”) titled “Method System and Apparatus for Providing Pay-Per-Use DistributedComputing Resources.” The ’784 patent was duly and legally issued by the United States Patentand Trademark Office on September 29, 2009. STEC is the owner by assignment fromSymantec Corporation of the ’784 patent. A true and correct copy of the ’784 patent is includedas Exhibit A.8.
 
Google makes, uses, sells, and/or offers for sale in the United States productsand/or services for cloud computing. On information and belief, at least some of Google’s cloudcomputing products and/or services provide or support pay-per-use cloud computing.9.
 
On information and belief, Google has infringed and continues to infringe the’784 patent by, among other things, making, using, offering for sale, and/or selling pay-per-usecloud computing products and/or services patented under the ’784 patent. Such pay-per-use
 
 
3cloud computing products and/or services include, by way of example and without limitation,use of Google App Engine, which is covered by one or more claims of the ’784 patent, including but not limited to claim 1. By making, using, offering for sale, and/or selling pay-per-use cloudcomputing products and/or services patented under the ’784 patent, Google has injured STECand is liable to STEC for infringement of the ’784 patent pursuant to 35 U.S.C. § 271.10.
 
As a result of Google’s infringement of the ’784 patent, Plaintiff STEC hassuffered monetary damages in an amount adequate to compensate for Google’s infringement, butin no event less than a reasonable royalty for the use made of the invention by Google, together with interest and costs as fixed by the Court.
 COUNT IIINFRINGEMENT OF U.S. PATENT NO. 7,065,637
11.
 
Plaintiff STEC realleges and incorporates by reference paragraphs 1-10 above, asif fully set forth herein.12.
 
Plaintiff STEC is the owner by assignment of United States Patent No. 7,065,637(“the ’637 patent”) titled “System for Configuration of Dynamic Computing EnvironmentsUsing a Visual Interface.” The ’637 patent was duly and legally issued by the United StatesPatent and Trademark Office on June 20, 2006. STEC is the owner by assignment fromSymantec Corporation of the ’637 patent. A true and correct copy of the ’637 patent is includedas Exhibit B.13.
 
Google makes, uses, sells, and offers for sale in the United States products and/or services for cloud computing. On information and belief, at least some of Google’s cloudcomputing products and/or services provide or support use of a visual interface to configurecloud computing resources.14.
 
On information and belief, Google has infringed and continues to infringe the

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->