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COMPLAINT FOR PATENTINFRINGEMENT -

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LAW OFFICES

DANIELSON HARRIGAN LEYH & TOLLEFSON LLP

999 THIRD AVENUE, SUITE 4400SEATTLE, WASHINGTON 98104TEL, (206) 623-1700 FAX, (206) 623-8717

12345678910111213141516171819202122232425IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WASHINGTONAT SEATTLEMICROSOFT CORPORATION,Plaintiff,vs.BARNES & NOBLE, INC.,BARNESANDNOBLE.COM LLC, HONHAI PRECISION INDUSTRY CO., LTD.,FOXCONN INTERNATIONALHOLDINGS LTD., FOXCONNELECTRONICS, INC., FOXCONNPRECISION COMPONENT (SHENZHEN)CO., LTD., and INVENTECCORPORATION,Defendants.Case No.

COMPLAINT FOR PATENTINFRINGEMENTJURY DEMANDED

Plaintiff Microsoft Corporation (“Microsoft”), for its Complaint for PatentInfringement against Defendants Barnes & Noble, Inc.; barnesandnoble.com LLC; Hon HaiPrecision Industry Co., Ltd.; Foxconn International Holdings Ltd.; Foxconn Electronics, Inc.;Foxconn Precision Component (Shenzhen) Co., Ltd.; and Inventec Corporation (collectively,“Defendants”), alleges as follows:

Case 2:11-cv-00485 Document 1 Filed 03/21/11 Page 1 of 9


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PARTIES

1.Plaintiff Microsoft is a Washington corporation having its principal place of business at One Microsoft Way, Redmond, Washington 98052.2.On information and belief, Defendant Barnes & Noble, Inc. is a Delawarecorporation with its principal place of business at 122 Fifth Avenue, New York, New York 10011.3.On information and belief, Defendant barnesandnoble.com LLC is a Delawarelimited liability company with its principal place of business at 122 Fifth Avenue, New York, New York 10011.4.On information and belief, Defendant Hon Hai Precision Industry Co., Ltd.operates under the registered trade name “Foxconn,” and exists under the laws of the Republicof China, with its principal place of business at 2 Zihyou Street, Tucheng City, Taipei County,236 Taiwan.5.On information and belief, Defendant Foxconn International Holdings Ltd. is asubsidiary of Hon Hai Precision Industry Co., Ltd. and exists under the laws of the People’sRepublic of China in the Special Administrative Region of Hong Kong, with its principal placeof business at 8F Peninsula Tower, 538 Castle Peak Road, Cheung Sha Wan Kowloon, NewTerritories, Hong Kong.6.On information and belief, Defendant Foxconn Electronics, Inc. is a subsidiaryof Defendant Hon Hai Precision Industry Co., Ltd., and exists under the laws of the Republicof China, with its principal place of business at 2 Zihyou Street, Tucheng City, Taipei County,236 Taiwan.7.On information and belief, Defendant Foxconn Precision Component(Shenzhen) Co. Ltd. is a wholly owned subsidiary of Defendant Foxconn Electronics, Inc., andexists under the laws of the Republic of China, with a principal place of business at No. 2, EastRing Road, No. 10 Industrial Zone, Yousong, Longhua, Shenzhen, Guandong 518109, PRC.



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123456789101112131415161718192021222324258.On information and belief, Defendant Inventec Corporation exists under thelaws of the Republic of China, with its principal place of business at Inventec Building, No. 66Hou-Kang Street, Shin-Lin District, Taipei County, 111 Taiwan.9.On information and belief, Defendants are engaged in the design, manufacture,sale within the United States, offering for sale in the United States, use within the UnitedStates, importation into the United States, and/or sale after importation into the United Statesof handheld electronic computing devices utilizing the Android operating system, includingrelated software, and components thereof. On information and belief, Defendants market andsell these devices worldwide through their channel business partners and various retailers,including through retail stores and company websites.

JURISDICTION AND VENUE

10.This is an action for patent infringement arising under the patent laws of theUnited States, Title 35, United States Code.11.This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and1338(a).12.On information and belief, Defendants are subject to personal jurisdiction in theWestern District of Washington (the “District”), consistent with the principles of due processand the Washington Long Arm Statute, because Defendants maintain offices and facilities inthis District, offer their products for sale in this District, have transacted business in thisDistrict, have committed and/or induced acts of patent infringement in this District, and/or have placed infringing products into the stream of commerce through established distributionchannels with the expectation that such products will be purchased by residents of this District.13.Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c),1391(d), and 1400(b).

PATENT INFRINGEMENT COUNTS

14.Microsoft is the owner of all right, title, and interest in U.S. Patent No.


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