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Stec Ip v. Amazon.com et. al.

Stec Ip v. Amazon.com et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00641-UNA: Stec Ip LLC v. Amazon.com Inc. et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l69y for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-00641-UNA: Stec Ip LLC v. Amazon.com Inc. et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l69y for more info.

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

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02/01/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
STEC IP, LLC,Plaintiff,v.AMAZON.COM, INC. andAMAZON WEB SERVICES, LLC,Defendants.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 (“STEC”) makes thefollowing allegations against Defendants Amazon Web Services, LLC and Amazon.com, Inc.(collectively “Amazon”):
PARTIES
 1.
 
Plaintiff STEC IP, LLC is a Delaware limited liability company having a principal place of business at 2 Terrace Way, Suite C, Greensboro, North Carolina 27403.2.
 
On information and belief, Defendant Amazon.com, Inc. is a Delawarecorporation with its principal place of business at 10 Terry Avenue North, Seattle, Washington98109. On information and belief, Amazon.com, Inc. may be served via its registered agent,Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.3.
 
On information and belief, Defendant Amazon Web Services, LLC is a Delawarelimited liability company with its principal place of business at 10 Terry Avenue North, Seattle,Washington 98109. On information and belief, Amazon Web Services, LLC may be served viaits registered agent, Corporation Service Company, 2711 Centerville Road, Suite 400,
 
 
2Wilmington, Delaware 19808. On information and belief, Defendant Amazon Web Services,LLC is a wholly owned subsidiary of Defendant Amazon.com, Inc.
JURISDICTION AND VENUE
4.
 
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).5.
 
On information and belief, Amazon is subject to this Court's specific and general personal jurisdiction pursuant to due process and/or the Delaware Long Arm Statute, due tohaving 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.6.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(b), 1391(c) and 1400(b).Amazon 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
7.
 
Plaintiff STEC realleges and incorporates by reference paragraphs 1-6 above, as if fully set forth herein.8.
 
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 from
 
 
3Symantec Corporation of the ’784 patent. A true and correct copy of the ’784 patent is includedas Exhibit A.9.
 
Amazon makes, uses, sells, and offers for sale in the United States productsand/or services for cloud computing. On information and belief, at least some of Amazon’scloud computing products and/or services that provide or support pay-per-use cloud computing.10.
 
On information and belief, Amazon 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-usecloud computing products and/or services include, by way of example and without limitation,use of Amazon’s Elastic Compute Cloud, 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 cloud computing products and/or services patented under the ’784 patent, Amazonhas injured STEC and is liable to STEC for infringement of the ’784 patent pursuant to 35 U.S.C.§ 271.11.
 
As a result of Amazon’s infringement of the ’784 patent, Plaintiff STEC hassuffered monetary damages in an amount adequate to compensate for Amazon’s infringement, but in no event less than a reasonable royalty for the use made of the invention by Amazon,together with interest and costs as fixed by the Court.
 COUNT IIINFRINGEMENT OF U.S. PATENT NO. 7,065,637
12.
 
Plaintiff STEC realleges and incorporates by reference paragraphs 1-11 above, asif fully set forth herein.13.
 
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 Environments

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