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Us 


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284088.01 


KEKER & VAN NEST, LLP 
JOHN W. KEKER - #49092 
HENRY C. BUNSOW - #60707 
MICHAEL H. PAGE - #154913 
L. JAY KUO- #173293 
71 0 Sansome Street 
San Francisco, CA 94111-1704 
Telephone: (415)391-5400 
Facsimile: (415)397-7188 

FINNEGAN, HENDERSON, FARABOW, 
GARRETT & DUNNER, LLP 
CHRISTOPHER P. ISAAC 
1300 1 Street, N.W. 
Washington, D.C. 20005-3314 
Telephone: (202)408-4000 
Facsimile: (202)408-4400 

Attorneys for Plaintiff 

INTERTRUST TECHNOLOGIES CORPORATION 


// Ob 


UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 


INTERTRUST TECHNOLOGIES ; 

CORPORATION, 

a Delaware corporation, 


C 02 


Plaintiff, 


MICROSOFT CORPORATION, a 
Washington corporation, 


Defendant. 


COMPLAINT FOR 1NFR1NG 
U.S. PATENT NO. 6,157,721 

DEMAND FOR JURY TRIAL 


Plaintiff INTERTRUST TECHNOLOGIES CORPORATION (hereafter "InterTrust") 
hereby complains of Defendant MICROSOFT CORPORATION (hereafter "Microsoft"), and 
alleges as follows: 


COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,157,72 1 


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JURISDICTION AND VENUE 

1 . This action for patent infringement arises under the patent laws of the United States, 
Title 35, United States Code, more particularly 35 U.S.C. §§ 271 and 281. 

2. This Court has subject matter jurisdiction under 28 U.S.C §§ 1331 and 1338(a). 

3. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c) and 1400(b). 

THE PARTIES 

4. Plaintiff InterTrust is a Delaware corporation with its principal place of business 
at 4750 Patrick Henry Drive, Santa Clara, California. 

5. InterTrust is informed and believes, and on that basis alleges, that Defendant 
Microsoft is a Washington Corporation with its principal place of business at One Microsoft 
Way, Redmond, Washington. 

6. InterTrust is informed and believes, and on that basis alleges, that Defendant 
Microsoft does business in this judicial district and has committed and is continuing to commit 
acts of infringement in this judicial district. 

7. InterTrust is the owner of United States Patent No. 6, 1 57,72 1 , entitled "Systems 
*nd methods using cryptography to protect secure computing environments" ("the 6 721 patent"), 
3uly and lawfully issued on December 5, 2000. 

FIRST CLAIM FOR RELIEF 

8. InterTrust hereby incorporates by reference paragraphs 1 -7 as if restated herein. 

9. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281 . 

1 0. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
>een and is infringing the '721 patent under § 271(a). InterTrust is further informed and 
relieves, and on that basis alleges, that Microsoft's infringement of the *721 patent under 
1271(a) will continue unless enjoined by this Court. 

1 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
>een and is knowingly and intentionally inducing others to infringe directly the '721 patent under 
271(a), thereby inducing infringement of the *721 patent under § 271(b). InterTrust is further 


COMPLAINT FOR JNFRJNGEMENT OF U.S. PATENT NO. 6,157,721 


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informed and believes, and on that basis alleges, that Microsoft's infringement of the '721 patent 
under §27 1 (b) will continue unless enjoined by this Court. 

12. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is contributorily infringing the '721 patent under § 271(c) by providing software and 
related functions especially made or especially adapted for infringing use and not staple articles 
or commodities of commerce suitable for substantial noninfringing use. InterTrust is further 
informed and believes, and on that basis alleges, that Microsoft's infringement of the '721 patent 
under §27 1(c) will continue unless enjoined by this Court. 

13. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '721 patent in the manner described above in paragraphs 10 through 12, 
and will continue to do so unless enjoined by this Court. 

14. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
derived and received, and will continue to derive and receive from the aforesaid acts of 
infringement, gains, profits, and advantages, tangible and intangible, the extent of which are not 
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 
been, and will continue to be, irreparably harmed. 

PRAYER FOR RELIEF 
WHEREFORE, InterTrust prays for relief as follows: 

A. That Microsoft be adjudged to have infringed the '721 patent under 35 U.S.C. § 

271(a); 

B. That Microsoft be adjudged to have infringed the '721 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '721 patent under 35 U.S.C. § 271(a); 

C. That Microsoft be adjudged to have contributorily infringed the '721 patent under 
J5 U.S.C. § 271(c); 

D. That Microsoft be adjudged to have willfully infringed the '72 1 patent under 35 
J.S.C.§§ 271(a), (b), and (c); 

E. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
jersons in active concert or participation with them be preliminarily and permanently restrained 


COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,157,721 


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and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '721 patent; 

F. That this Court assess pre-judgment and post-judgment interest and costs against 
Microsoft, and award such interest and costs to InterTrust, pursuant to 35 U.S.C. § 284*and 

G. That InterTrust have such other and further relief as the Court may deep proper. 

Dated: February £, 2002 KEKER & \i 

By:. 

MICHAEL H. PAGE 
Attorneys for Plaintiff 
INTERTRUST TECHNOLOGIES 
CORPORATION 



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COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6, J 57.72 1 


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DEMAND FOR JURY TRIAL 

Plaintiff InterTrust herby demands a trial by jury as to all issues triable by jury, 
specifically including, but not limited to, the issue of infringement of United States Patent No. 



Attorneys for Plaintiff 
INTERTRUST TECHNOLOGIES 
CORPORATION 


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COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,157,721