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KEKER & VAN NEST, LLP 
JOHN W. KEKER - #49092 
HENRY C. BUNSOW - #60707 
MICHAEL H. PAGE - #154913 
710Sansome Street 
San Francisco, CA 941 1 1-1704 
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 


0C T 2 6 2001 


Attorneys for Plaintiff 

INTERTRUST TECHNOLOGIES CORPORATION 


UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 


INTERTRUST TECHNOLOGIES 

CORPORATION, 

a Delaware corporation, 


Plaintiff, 


MICROSOFT CORPORATION, a 
Washington corporation, 


Defendant. 


Case No. C 01 1640 SBA 

THIRD AMENDED COMPLAINT FOR 
INFRINGEMENT OF U.S. PATENT NOS. 
6,185,683 Bl; 6,253,193 Bl; 5,940, 504; 
5,920,861; 5,892,900; 5,982,891; AND 
5,917,912. 


DEMAND FOR JURY TRIAL 


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

JURISDICTION AND VENUE 
1 . This action for patent infringement arises under the patent laws of the United States, 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6, 185.683 Bl; 6.253.193 Bl; 5.940.504; 5. 920.861 ; 
5.892.900; 5.982.891; & 5.917.912; CASE NO. C 01 1640 SBA 


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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 85,683 B 1 , entitled 
'Trusted and secure techniques, systems and methods for item delivery and execution" ("the 
'683 patent"), duly and lawfully issued on February 6, 2001. 

8. InterTrust is the owner of United States Patent No. 6,253,193 Bl, entitled 
"Systems and methods for secure transaction management and electronic rights protection" ("the 
'193 patent"), duly and lawfully issued on June 26, 2001 . 

9. InterTrust is the owner of United States Patent No. 5,940,504, entitled "Licensing 
management system and method in which datagrams including an address of a licensee and 
indicative of use of a licensed product are sent from the licensee's site" ("the '504 patent"), duly 
and lawfully issued on August 17, 1999. 

10. InterTrust is the owner of United States Patent No. 5,920,861, entitled 
'Techniques for defining, using and manipulating rights management data structures" ("the '861 
patent"), duly and lawfully issued on July 6, 1999. 

1 1 . InterTrust is the owner of United States Patent No. 5,892,900, entitled "Systems 
and methods for secure transaction management and electronic rights protection" ("the '900 
patent"), duly and lawfully issued on April 6, 1999. 

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3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6,253,193 Bl; 5,940.504; 5, 920,861 ; 
5.892.900; 5.982,891; & 5,917,912; CASE NO. C 01 1640 SBA 


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12. InterTrust is the owner of United States Patent No. 5,982,891, entitled "Systems 
and methods for secure transaction management and electronic rights protection" ("the '891 
patent"), duly and lawfully issued on November 9, 1999. 

13. InterTrust is the owner of United States Patent No. 5,917,912 entitled "System 
and methods for secure transaction management and electronic rights protection" ("the '912 
patent"), duly and lawfully issued on June 29, 1999. 

FIRST CLAIM FOR RELIEF 

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

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

16. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the '683 patent under § 271(a) by making and using systems incorporating 
Windows Media Player Versions 7 and 8. In addition, on information and belief, InterTrust 
alleges that Microsoft is making and using other systems and/or is in the process of developing 
other systems, which infringe the '683 patent under § 271(a). InterTrust is further informed and 
believes, and on that basis alleges, that Microsoft's infringement of the '683 patent under 

§27 1(a) will continue unless enjoined by this Court. 

17. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is knowingly and intentionally inducing others to infringe directly the '683 patent under 
§ 271(a), thereby inducing infringement of the '683 patent under § 271(b). InterTrust is further 
informed and believes that Microsoft's inducement has at least included the manner in which 
Microsoft has promoted and marketed use of Windows Media Player Versions 7 and 8. 
InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
infringement of the '683 patent under §27 1(b) will continue unless enjoined by this Court. 

18. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is contributorily infringing the '683 patent under § 271(c) by providing digital rights 
management software and related functions especially made or especially adapted for infringing 
use and not staple articles or commodities of commerce suitable for substantial noninfringing 

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3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl;6.253,193 Bl; 5.940,504; 5,920.861; 
5.892,900; 5.982.891; & 5.917.912; CASE NO. C 01 1640 SBA 


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use, including at least Windows Media Player Versions 7 and 8. InterTrust is further informed 
md believes, and on that basis alleges, that Microsoft's infringement of the '683 patent under 
&271(c) will continue unless enjoined by this Court. 

19. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the *683 patent in the manner described above in paragraphs 16 through 18, 
ind will continue to do so unless enjoined by this Court. 

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

SECOND CLAIM FOR RELIEF 

21. InterTrust hereby incorporates by reference paragraphs 1-6 and 8 as if restated 

lerein. 

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

23. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
een and is infringing the '193 patent under § 271(a) by using Windows Media Player Versions 
and 8. In addition, on information and belief, InterTrust alleges that Microsoft is making and 
sing other systems and/or is in the process of developing other systems, which infringe the '193 
atent under § 271(a). InterTrust is further informed and believes, and on that basis alleges, that 
licrosoft's infringement of the ' 193 patent under §271(a) will continue unless enjoined by this 
lourt. 

24. 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 '193 patent under 
271(a), thereby inducing infringement of the '193 patent under § 271(b). InterTrust is further 
iformed and believes that Microsoft's inducement has at least included the manner in which 
licrosoft has promoted and marketed use of Windows Media Player Versions 7 and 8. 
iterTrust is further informed and believes, and on that basis alleges, that Microsoft's 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6.253,193 Bl; 5.940,504; 5, 920,861; 
5.892.900; 5.982.891; & 5.917.912; CASE NO. C 01 1640 SBA 


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infringement of the '193 patent under §271(b) will continue unless enjoined by this Court. 

25. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is contributorily infringing the '193 patent under § 271(c) by providing digital rights 
management 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, including at least Windows Media Player Versions 7 and 8. InterTrust is further informed 
and believes, and on that basis alleges, that Microsoft's infringement of the *193 patent under 
§271(c) will continue unless enjoined by this Court. 

26. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '193 patent in the manner described above in paragraphs 23 through 25, 
and will continue to do so unless enjoined by this Court. 

27. 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. 

THIRD CI, AIM FOR RELIEF 

28. InterTrust hereby incorporates by reference paragraphs 1-6 and 9 as if restated 

herein. 

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

30. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the *504 patent under § 271(a) by Microsoft's use of the Product 
Activation feature of Windows XP, Office XP, and other Microsoft products. In addition, on 
information and belief, InterTrust alleges that Microsoft is making and using other systems 
and/or is in the process of developing other systems, which infringe the '504 patent under § 
271(a). InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
infringement of the '504 patent under §27 1(a) will continue unless enjoined by this Court. 

3 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has 

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3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185,683 Bl; 6.253.193 Bl; 5.940304; 5. 920.861; 
5,892.900; 5,982.891; & 5,917,912; CASE NO. C 01 1640 SBA 


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been and is knowingly and intentionally inducing others to infringe directly the '504 patent under 
§ 271(a), thereby inducing infringement of the '504 patent under § 271(b). InterTrust is further 
informed and believes that Microsoft's inducement has at least included the manner in which 
Microsoft has promoted and marketed use of the Product Activation feature of Windows XP, 
Office XP, and other Microsoft products. InterTrust is further informed and believes, and on that 
basis alleges, that Microsoft's infringement of the '504 patent under §271(b) will continue unless 
enjoined by this Court. 

32. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is contributorily infringing the '504 patent under § 271(c) by providing digital rights 
management 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, including the Product Activation feature of Windows XP, Office XP, and other Microsoft 
products. InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
infringement of the '504 patent under §27 1(c) will continue unless enjoined by this Court. 

33. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '504 patent in the manner described above in paragraphs 30 through 32, 
and will continue to do so unless enjoined by this Court. 

34. 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. 

FOURTH CLAIM FOR RELIEF 

35. InterTrust hereby incorporates by reference paragraphs 1-6 and 10 as if restated 

herein. 

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

37. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the '861 patent under § 271(a) by making, using, selling, and offering for 

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3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185,683 Bl; 6^53.193 Bl; 5,940.504; 5. 920.861; 
5,892,900; 5.982.891; & 5,917.912; CASENO.C01 I640SBA 


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;ale digital rights management software incorporating inventions claimed in the '861 patent, 
ncluding but not limited to the Digital Asset Server and Microsoft Reader. In addition, on 
nformation and belief, InterTrust alleges that Microsoft is making and using other systems 
md/or is in the process of developing other systems, including Microsoft's .NET architecture, 
vhich infringe the '86 J patent under § 271(a). InterTrust is further informed and believes, and 
>n that basis alleges, that Microsoft's infringement of the '861 patent under §271(a) will 
;ontinue unless enjoined by this Court. 

38. 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 '861 patent under 
\ 271(a), thereby inducing infringement of the '861 patent under § 271(b). InterTrust is further 
nformed and believes that Microsoft's inducement has at least included the manner in which 
Microsoft has promoted and marketed use of Digital Asset Server, Microsoft Reader, and the 
NET architecture. InterTrust is further informed and believes, and on that basis alleges, that 
Microsoft's infringement of the *861 patent under §271(b) will continue unless enjoined by this 
^ourt. 

39. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
een and is contributorily infringing the 4 861 patent under § 271(c) by providing digital rights 
management software and related functions especially made or especially adapted for infringing 
se and not staple articles or commodities of commerce suitable for substantial noninfringing 
se, including but not limited to the Digital Asset Server and Microsoft Reader. InterTrust is 
irther informed and believes, and on that basis alleges, that Microsoft's infringement of the 
561 patent under §27 1(c) will continue unless enjoined by this Court. 

40. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
'illfully infringing the '861 patent in the manner described above in paragraphs 37 through 39, 
id will continue to do so unless enjoined by this Court. 

41. InteiTrust is informed and believes, and on that basis alleges, that Microsoft has 
srived and received, and will continue to derive and receive from the aforesaid acts of 
ifringement gains, profits, and advantages, tangible and intangible, the extent of which are not 

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3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185,683 B I; 6,253,193 Bl; 5,940,504; 5, 920,861; 
5,892.900; 5,982,891; & 5,917,912; CASE NO. C 01 1640 SBA 


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presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 
>een, and will continue to be, irreparably harmed. 

FIFTH CLAIM FOR RELIEF 

42. InterTrust hereby incorporates by reference paragraphs 1-6 and 1 1 as if restated 

lerein. 

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

44. InteiTrust is informed and believes, and on that basis alleges, that Microsoft has 
>een and is infringing the '900 patent under § 271(a) by Microsoft's use of the Product 
Activation feature of Windows XP, Office XP, and other Microsoft products. In addition, on 
nformation and belief, InteiTrust alleges that Microsoft is making and using other systems 
nd/or is in the process of developing other systems, which infringe the '900 patent under § 
71(a). InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
nfringement of the '900 patent under §27 1(a) will continue unless enjoined by this Court. 

45. 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 '900 patent under 
271(a), thereby inducing infringement of the 4 900 patent under § 271(b). InterTrust is further 
iformed and believes that Microsoft's inducement has at least included the manner in which 
licrosoft has promoted and marketed use of the Product Activation feature of Windows XP, 
>ffice XP, and other Microsoft products. InterTrust is further informed and believes, and on that 
asis alleges, that Microsoft's infringement of the '900 patent under §271(b) will continue unless 
njoined by this Court. 

46. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
een and is contributorily infringing the '900 patent under § 271(c) by providing digital rights 
management software and related functions especially made or especially adapted for infringing 
se and not staple articles or commodities of commerce suitable for substantial noninfringing 
se, including the Product Activation feature of Windows XP, Office XP, and other Microsoft 
roducts. InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
fringement of the '900 patent under §27 1(c) will continue unless enjoined by this Court. 


3rd AM, CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6.253 J 93 B I ; 5,940,504; 5, 920,861; 
5,892.900; 5.982,891; & 5,917.912; CASE NO. C 01 1640 SB A 


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47. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '900 patent in the manner described above in paragraphs 44 through 46, 
ind will continue to do so unless enjoined by this Court. 

48. 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 
nfringement gains, profits, and advantages, tangible and intangible, the extent of which are not 
jresently known to InterTrust By reason of the aforesaid acts of infringement, InterTrust has 
>een, and will continue to be, irreparably harmed. 

SIXTH CLAIM FOR RELIEF 

49. InterTrust hereby incorporates by reference paragraphs 1-6 and 12 as if restated 

lerein. 

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

5 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
>een and is infringing the '891 patent under § 271(a) by Microsoft's implementation of its .NET 
trchitecture. In addition, on information and belief, InterTrust alleges that Microsoft is making 
ind using other systems and/or is in the process of developing other systems, which infringe the 
891 patent under § 271(a). InterTrust is further informed and believes, and on that basis alleges, 
hat Microsoft's infringement of the '891 patent under §27 1(a) will continue unless enjoined by 
his Court. 

52. 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 '891 patent under 

271(a), thereby inducing infringement of the '891 patent under § 271(b). InterTrust is further 
nformed and believes that Microsoft's inducement has at least included the manner in which 
Microsoft has promoted and marketed use of its .NET architecture. InterTrust is further 
^formed and believes, and on that basis alleges, that Microsoft's infringement of the '891 patent 
nder §27 1(b) will continue unless enjoined by this Court. 

53. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6.253.193 Bl ; 5,940.504; 5, 920.861 ; 
5.892.900; 5.982,891; & 5.917,912; CASE NO. C 01 1640 SB A 


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been and is contributorily infringing the *891 patent under § 271(c) by providing .NET 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 
*891 patent under §271(c) will continue unless enjoined by this Court. 

54. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '891 patent in the manner described above in paragraphs 51 through 53, 
and will continue to do so unless enjoined by this Court. 

55. 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. 

SEVENTH CLAIM FOR RELIEF 

56. InterTrust hereby incorporates by reference paragraphs 1-6 and 13 as if restated 

herein. 

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

58. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the 4 912 patent under § 271(a) by Microsoft's implementation of its .NET 
architecture. In addition, on information and belief, InterTrust alleges that Microsoft is making 
and using other systems and/or is in the process of developing other systems, which infringe the 
'912 patent under § 271(a). InterTrust is further informed and believes, and on that basis alleges, 
that Microsoft's infringement of the '912 patent under §271(a) will continue unless enjoined by 
this Court. 

59. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 

been and is knowingly and intentionally inducing others to infringe directly the '912 patent under 

§ 271(a), thereby inducing infringement of the '912 patent under § 271(b). InterTrust is further 

informed and believes that Microsoft's inducement has at least included the manner in which 
io 

3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6.253,193 B I ; 5,940,504; 5, 920,861; 
5,892.900; 5,982.891; & 5,917,912; CASE NO. C 01 1640 SBA 


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Vlicrosoft has promoted and marketed use of its .NET architecture. InteiTrust is further 
nformed and believes, and on that basis alleges, that Microsoft's infringement of the '912 patent 
inder §271(b) will continue unless enjoined by this Court. 

60. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
>een and is contributorily infringing the '912 patent under § 271(c) by providing .NET software 
md related functions especially made or especially adapted for infringing use and not staple 
trticles or commodities of commerce suitable for substantial noninfringing use. InterTrust is 
urther informed and believes, and on that basis alleges, that Microsoft's infringement of the 
912 patent under §271(c) will continue unless enjoined by this Court. 

61. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infringing the '912 patent in the manner described above in paragraphs 58 through 60, 
nd will continue to do so unless enjoined by this Court. 

62. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
erived and received, and will continue to derive and receive from the aforesaid acts of 
ifringement gains, profits, and advantages, tangible and intangible, the extent of which are not 
resently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 
een, 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 4 683 patent under 35 U.S.C. § 

71(a); 

B. That Microsoft be adjudged to have infringed the '683 patent under 35 U.S.C. § 
71(b) by inducing others to infringe directly the l 683 patent under 35 U.S.C. § 271(a); 

C. That Microsoft be adjudged to have contributorily infringed the '683 patent under 
> U.S.C. § 271(c); 

D. That Microsoft be adjudged to have willfully infringed the '683 patent under 35 
.S.C.§§ 271(a), (b), and (c); 

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3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 Bl; 6,253.193 Bl; 5.940.504; 5, 920,861; 
5.892,900; 5.982.891; St. 5,917,912; CASE NO. C 01 1640 SBA 


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E. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '683 patent; 

F. That Microsoft be adjudged to have infringed the ' 193 patent under 35 U.S.C. § 

271(a); 

G. That Microsoft be adjudged to have infringed the '193 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '193 patent under 35 U.S.C. § 271(a); 

H. That Microsoft be adjudged to have contributorily infringed the '193 patent under 
35U.S.C. § 271(c); 

I. That Microsoft be adjudged to have willfully infringed the 4 193 patent under 35 
U.S.C. §§ 271(a), (b), and (c); 

J. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '193 patent; 

K. That Microsoft be adjudged to have infringed the '504 patent under 35 U.S.C. § 

271(a); 

L. That Microsoft be adjudged to have infringed the '504 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '504 patent under 35 U.S.C. § 271(a); 

M. That Microsoft be adjudged to have contributorily infringed the '504 patent under 
35 U.S.C. § 271(c); 

N. That Microsoft be adjudged to have willfully infringed the '504 patent under 35 
U.S.C. §§ 271(a), (b), and (c); 

O. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
jersons in active concert or participation with them be preliminarily and permanently restrained 
ind enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '504 patent; 

P. That this Court award damages to compensate InterTrust for Microsoft's 
nfringement, as well as enhanced damages, pursuant to 35 U.S.C. § 284; 

Q. That this Court adjudge this case to be exceptional and award reasonable 

12 . 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185,683 B I; 6.253.193 Bt; 5.940,504; 5, 920,861; 
5.892.900; 5,982,891; & 5.917,912; CASENO.C01 1640 SB A 


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attorney's fees to InterTrust pursuant to 35 U.S.C. § 285; 

R. That Microsoft be adjudged to have infringed the '861 patent under 35 U.S.C. § 

271(a); 

S. That Microsoft be adjudged to have infringed the '861 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '861 patent under 35 U.S.C. § 271(a); 

T. That Microsoft be adjudged to have contributorily infringed the '861 patent under 
35U.S.C. § 271(c); 

. U. That Microsoft be adjudged to have willfully infringed the '861 patent under 35 
U.S.C. §§ 271(a), (b), and (c); 

V. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '861 patent; 

W. That Microsoft be adjudged to have infringed the '900 patent under 35 U.S.C. § 

271(a); 

X. That Microsoft be adjudged to have infringed the '900 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '900 patent under 35 U.S.C. § 271(a); 

Y. That Microsoft be adjudged to have contributorily infringed the '900 patent under 
35 U.S.C. § 271(c); 

Z. That Microsoft be adjudged to have willfully infringed the '900 patent under 35 
U.S.C. §§ 271(a), (b), and (c); 

AA. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '900 patent; 

BB. That Microsoft be adjudged to have infringed the '891 patent under 35 U.S.C. § 

271(a); 

CC. That Microsoft be adjudged to have infringed the '891 patent under 35 U.S.C. § 

271(b) by inducing others to infringe directly the '891 patent under 35 U.S.C. § 271(a); 

DD. That Microsoft be adjudged to have contributorily infringed the *891 patent under 

13 

3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 Bl; 6.253.193 Bl: 5,940.504; 5. 920.861 ; 
5.892.900; 5.982.891; & 5.917.912; CASE NO. C 01 1640 SBA 


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35U.S.C. § 271(c); 

EE. That Microsoft be adjudged to have willfully infringed the '891 patent under 35 
U.S.C.§§ 271(a), (b), and (c); 

FF. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the *891 patent; 

GG. That Microsoft be adjudged to have infringed the '912 patent under 35 U.S.C. § 

271(a); 

HH. That Microsoft be adjudged to have infringed the '912 patent under 35 U.S.C. § 
271(b) by inducing others to infringe directly the '912 patent under 35 U.S.C. § 271(a); 

II. That Microsoft be adjudged to have contributorily infringed the '912 patent under 
35 U.S.C. § 271(c); 

JJ. That Microsoft be adjudged to have willfully infringed the '912 patent under 35 
U.S.C. §§27 1(a), (b),and(c); 

KK. That Microsoft, its officers, agents, servants, employees and attorneys, and those 
persons in active concert or participation with them be preliminarily and permanently restrained 
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '912 patent; 

LL. 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£.§ 284; and 

MM. That InterTrust have such other and further relief as the Court may deem proper. 

Dated: October 26, 2001 KEKER^^p^ST, LLP 

y Mld^EL H. PAGE 
Attorneys for Plaintiff 
INTERTRUST TECHNOLOGIES 
CORPORATION 


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3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 BI ; 6.253.193 Bl; 5.940.504; 5. 920.861; 
5,892.900; 5.982.891; & 5.917,912; CASE NO. C 01 1640 SBA 


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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 Nos. 
6,185,683 Bl; 6,253,193 Bl; 5,940,504; 5,920,861; 5,892,900; 5,982,891; and 5,917, 912. 


Dated: October 26, 2001 KEKER & VAN NEST, 



MICHAEL H. PAGE 
Attorneys for Plaintiff 
INTERTRUST TECHNOLOGIES 
CORPORATION 


is 


3rd AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT NOS. 6.185.683 Bl; 6.253.193 Bl; 5.940,504; 5. 920.861; 
5.892.900; 5.982.891; & 5.917.912; CASE NO. C 01 1640 SB A