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1EKER & VAN NEST, LLP 
OHN W. KEKER - #49092 
IENRY C. BUNSOW - #60707 
ON B. STREETER - #101970 
4ICHAEL H. PAGE - #154913 
LAGESH K. TANGRI - # 1 59477 
lOSansome Street 
lan Francisco, CA 94 1 1 1 - 1 704 
'elephone: (415)391-5400 
'acsimile: (415)397-7188 

TNNEGAN, HENDERSON, FARABOW, 
iARRETT & DUNNER, LLP 

:hristopher p. isaac 

300 I Street, N.W. 
Washington, D.C. 20005-33 1 4 
elephone: (202) 408-4000 
acsimile: (202) 408-4400 

attorneys for Plaintiff 

NTERTRUST TECHNOLOGIES CORPORATION 


FILED 

JUN 2 6 2001 


RICHARD W. WIEKING 

CLERK, U.S. DISTRICT COURT, 
NORTHERN DISTRICT OF CALIFORNIA 


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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 


NTERTRUST TECHNOLOGIES 
:ORPORATION, 
Delaware corporation, 


Plaintiff, 


MICROSOFT CORPORATION, a 
Washington corporation, 


Defendant. 


Case No. C 01 1640 JL 

FIRST AMENDED COMPLAINT FOR 
INFRINGEMENT OF U.S. PATENT NOS. 
6,185,683 Bl AND 6,253,193 Bl 


DEMAND FOR JURY TRIAL 


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


FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 Bl & 6,253,193 Bl 


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JURISDICTION AND VENUE 

1 . This action for patent infringement arises under the patent laws of the United States, 
tie 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 
4750 Patrick Henry Drive, Santa Clara, California. 

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

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

7. InterTrust is the owner of United States Patent No. 6,185,683 Bl, entitled 
Trusted and secure techniques, systems and methods for item delivery and execution" ("the 
683 patent"), duly and lawfully issued on February 6, 2001. A copy of the '683 patent is 
ttached hereto as Exhibit A. 

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. A copy of the '193 patent is attached 
lereto as Exhibit B. 

FIRST CLAIM FOR RELIEF 

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

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

1 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
3 een and is infringing the '683 patent under § 271(a) by making, using, selling, and offering for 
sale digital rights management software incorporating inventions claimed in the '683 patent. 


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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. 

1 2. 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, and on that basis alleges, that Microsoft's infringement of the '683 patent 
under §271 (b) will continue unless enjoined by this Court. 

1 3. 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 
use. InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
infringement of the '683 patent under §271 (c) will continue unless enjoined by this Court. 

14. 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 1 1 through 13, 
and will continue to do so unless enjoined by this Court. 

15. 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. 

SECOND CLAIM FOR RELIEF 
InterTrust hereby incorporates by reference paragraphs 1-6 and 8 as if restated 


16. 


herein. 


17. 
18. 


This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281. 
InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the '193 patent under § 271(a) by making, using, selling, and offering for 
sale digital rights management software incorporating inventions claimed in the '193 patent. 


271790.01 


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FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 Bl & 6,253,193 Bl 


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1 InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 

2 infringement of the ' 1 93 patent under §27 1 (a) will continue unless enjoined by this Court. 

3 19 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has 

4 been and is knowingly and intentionally inducing others to infringe directly the < 1 93 patent under | 

5 § 271(a), thereby inducing infringement of the '193 patent under § 271(b). InterTrust is further 

6 informed and believes, and on that basis alleges, that Microsoft's infringement of the '193 patent 

7 under §27 1(b) will continue unless enjoined by this Court. 

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

9 been and is contributorily infringing the '193 patent under § 271(c) by providing digital rights 

10 management software and related functions especially made or especially adapted for infringing 

1 1 use and not staple articles or commodities of commerce suitable for substantial noninfringing 

12 use. InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 

13 infringement of the '193 patent under §27 1(c) will continue unless enjoined by this Court. 

14 21. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 

1 5 willfully infringing the ' 1 93 patent in the manner described above in paragraphs 1 8 through 20, 

16 and will continue to do so unless enjoined by this Court. 

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

1 8 derived and received, and will continue to derive and receive from the aforesaid acts of 

19 infringement gains, profits, and advantages, tangible and intangible, the extent of which are not 

20 presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 

21 been, and will continue to be, irreparably harmed. 

22 PRAYER FOR RELIEF 

23 WHEREFORE, InterTrust prays for relief as follows: 

2 4 A. That Microsoft be adjudged to have infringed the '683 patent under 35 U.S.C. § 

25 271(a); 

26 B. That Microsoft be adjudged to have infringed the '683 patent under 35 U.S.C. § 

27 271(b)byinducingotherstoinfringedirectlythe'683 patentunder35U.S.C. §271(a); 

28 C. That Microsoft be adjudged to have contributorily infringed the '683 patent under 


271790.01 


- FIRST AMENDED COMPLAINT F OR INFRINGEMENT OF U.S. PATbNT NOS. 6,185 


,683 Bl & 6,253,193 B1 


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35 U.S.C. § 271(c); 

D. That Microsoft be adjudged to have willfully infringed the 4 683 patent under 35 
U.S.C §§ 271(a), (b), and (c); 

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. § 


G. That Microsoft be adjudged to have infringed the 4 1 93 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 
35 U.S.C. § 271(c); 


U.S.C. §§27 1(a), (b), and (c); 

J. That Microsoft, its officers, agents, servants, employees and attorneys, and those 


and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '193 patent; 

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

L. That this Court adjudge this case to be exceptional and award reasonable 
attorney's fees to InterTrust pursuant to 35 U.S.C. § 285; 

M. 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 

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


271(a); 


That Microsoft be adjudged to have willfully infringed the '193 patent under 35 


persons in active concert or participation with them be preliminarily and permanently restrained 


Dated: June 26, 2001 



FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 Bl & 6,253,193 Bl 


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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. 
6,185,683 Bl and the issue of infringement of United States Patent No. 6,253,193 Bl. 

Dated: June 26, 2001 KEKER & VAN NEST, LLP 



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FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NOS. 6,185,683 Bl & 6,253,193 Bl 


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PROOF OF SERVICE 

I am employed in the City and County of San Francisco, State of California in the office of a 
member of the bar of this court at whose direction the following service was made. I am over the 
age of eighteen years and not a party to the within action. My business address is Keker & Van 
Nest, LLP, 710 Sansome Street, San Francisco, California 941 11. 

On June 26, 2001, 1 served the following document(s): 

FIRST AMENDED COMPLAINT FOR INFRINGEMENT OF 
U.S. PATENT NOS. 6,185,683 Bl AND 6,253,193 Bl 

DEMAND FOR JURY TRIAL 


XX by regular UNITED STATES MAIL by placing a true and correct copy in a sealed envelope addressed as 
shown below. I am readily familiar with the practice of Keker & Van Nest, LLP for collection and 
processing of correspondence for mailing. According to that practice, items are deposited with the United 
States Postal Service at San Francisco, California on that same day with postage thereon fully prepaid. I 
am aware that, on motion of the party served, service is presumed invalid if the postal cancellation date or 
the postage meter date is more than one day after the date of deposit for mailing stated in this affidavit. 

Select by COURIER, by placing a true and correct copy in a sealed envelope addressed as shown below, and 

dispatching a messenger from [MESSENGER COMPANY], whose address is [MESSENGER COMPANY 
ADDRESS], with instructions to hand-carry the above and make delivery to the following during normal 
business hours, by leaving a true copy thereof with the person whose name is shown or the person 
authorized to accept courier deliveries on behalf of the addressee. 


via Courier 

Eric L. Wesenberg, Esq. 

Mark R. Weinstein, Esq. 

Orrick, Herrington & Sutcliffe LLP 

1000 Marsh Road 

Menlo Park CA 94025 

Fax:650-614-74401 


via U.S. Mail 

John D. Vandenberg, Esq. 

James E. Geringer, Esq. 

Klarquist Sparkman Campbell, et al. 

One World Trade Center, Suite 1600 

121 S.W. Salmon Street 

Portland OR 97204 

Fax: 503-228-9446 


I declare under penalty of perjury under the laws of the State of California that the above is true 
and correct. 



.01 


CASE NO. 


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L0 FAI 41 5 394 0134 


KEKER & VAN NEST LLP 


IS002 


CEKER & VAN NEST, LLP 
OHN W. KEKER - #49092 
JENRY C BUNSOW - #60707 
fON B. STREETER- #101970 
MICHAEL H. PAGE - #154913 
3AGESH K. TANGRI - #159477 
7l0Sansome Street 
San Francisco, CA 94111-1704 
relephone: (415) 391-5400 
Facsimile: (415)397-7188 

FINNEGAN, HENDERSON, FARABOW, 
QARRETT & 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 


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 1640JL 

SECOND AMENDED COMPLAINT FOR 
INFRINGEMENT OF U.S. PATENT NOS. 
$485,683 Bl AND 6,253,193 Bl; 5,920,861; 
5,940,504 


DEMAND FOR JURY TRIAL 


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


2nd AM. CMPLT FOR INFRINGEMEN T OF U.S. PATENT NOS. 6,185,683 Bl ; 6,253,193; 5,940,504 Bl & 5, 920,861 

CASE NO. C 01 1640 JL 


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FAX 415 394 0134 KEKER & VAN NEST LLP 1^003 


gJWTSMCTlO N ANT) VENUE 

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

2. Tins 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 InterTnist is a Delaware corporation with its principal place of business 
4750 Patrick Henry Drive, Santa Clara, California. 

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

fay, Redmond, Washington. 

6. InterTnist is informed and believes, and on that basis alleges, that Defendant 
licrosoft does business in this judicial district and has committed and is continuing to commit 
:ts of infringement in this judicial district 

7. InterTnist is the owner of United States Patent No. 6,1 85,683 Bl, entitled 
rrusted and secure techniques, systems and methods for item delivery and execution" ("the 
583 patent"), duly and lawfully issued on February 6, 2001. A copy of the '683 patent is 

ttached hereto as Exhibit A. 

8. InterTnist 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. A copy of the « 193 patent is attached 

icreto as Exhibit B. 

9. InterTnist is the owner of United States Patent No. 5,940,504, entitled "Licensing 
aanagement system and method in which datagrams including an addressee of a licensee and 
ndicative of use of a licensed product are sent from the licensee's site" ("the '504 patent"), duly 

lawfully issued on August 1 7. 1 999. A copy of the '504 patent is attached hereto as Exhibit 

10. InterTrust is the owner of United Stales PatentNo. 5,920.861, entitled 


08/10/2001 10:10 FAX 415 394 01 34_ 


_KEKER & VAN NEST LLP 


1^004 


i-e,hn„ues for defining, -* ^ - *» 5mK ^' ^ 

^du lym d 1 a^yi^on M y6.>9 9 9.Acopyof t he- 8 6,pa.em«^=dh e «.o 
; Exhibit D. 
riKST CLAIM RELIEF 
U . Intrust hereby incorporates preference paragraphs 1-7 as if rented herein. 
12 Thisiaaelaimforpa.enlinfringementunderSSUS.C. §§271 and281. 
13 to^.i.infonnedandbeUeves.andontt.a.basisalleges.teMierosorl^ 
Vmdows Media Player Versions 7 and 8. In addition, on information and beUef, Inter!**, 
.elieves, and on ft* basis alleges, ft* Microsoft's infringement of to "683 p*en, nnder 
5271(a) will continue unless enjoined by this Court. 
,4 mterTrust is informed and believe* and on that basis alleges, that Microsoft has 
informed and believes that Micron's inducement has a. leas, included the manner in who* 
Microsoft has promoted and marketed use of Windows Media PUyer Versions 7 and 8. 
Interims! is further informed and believes, and on that basis alleges, that Microsoft's 
infringement of the '683 paten, under §2710) will continue unless enjoinedby this Court. 

15 I n«erTru S .istaformedandbe»eves,and^ 
been and is contribute* infringing the -683 paent under 5 271(c) by providing digftal rights 

and no, staple articles or commodities of commerce suitable for substantial noninfringmg 
including, leas. Windows Media Play* Versions 7 and 8. Imerlnst is further informed 
_d beheves. and on ma. basis aUegea. ft* Microsoft's infringe of the 'o83 patent under 
§271 (c) will continue unless enjoined by this Court. 

, 6. interims, is informed and believes, and on mat basis alleges, that Miemsoft is 

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use : 
use, 


08/10/2001 10:11 FAX 415 394 0134 


KEKER & VAN NEST LLP 


14005 


) 


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willfully infringing the '683 patent in the manner described above in paragraphs 13 through 15, 
and will continue to do so unless enjoined by this Court 

17. 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.. 

SECOND CLAIM FOR RELIEF 

18. InterTrustherebyincorporatesbyreferenceparagraphs 1-6 and 8 as if restated 

lerein. 

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

20. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the ■ 193 patent under § 271(a) by using 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 < 193 
patent under § 271 (a). InterTrust is further informed and believes, and on that basis alleges, that 
Microsoft's infringement of the '193 patent under 8271(a) will continue unless enjoined by this 
Court 

21. InterTiust is informed and believes, and on that basis alleges, that Microsoft has 
been and is knowingly and intentionally inducing others to infringe directly the '193 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 '193 patent under §271(b) will continue unless enjoined by this Court 

22. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is contributorily infringing the • 1 93 patent under § 27 1(c) by providing digital rights 
management software and related functions especially made or especially adapted for infringing 


27390B.02 


~ ndAM. CMPLTPORrtlFIWGEMB^OFU^P^^^ '^y^^^l^ Bl»6»253,193; 5,940,304 Bt & 5, 920,661 


OS/10/2001 10:11 FAX 415 394 0134 


KE KER & VAN NEST LLP 


0006 


,L emd no, aapfe arScles or commodito of commerce .Mb for snbs.ar.na. nontafringing 

2 L Wudmgatl^Window.M.di.PlayerVersionsVanas. HMKMrtW 

3 I and believe and on M basis alleges, M Microsoft irJHngeme* of .he • 193 paten, under 

4 II §271(c) will continue unless enjoined by tmsCourt: _ 

23. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
willfully infrmging the < 193 patent in the manner described above in paragraphs 20 through 22, 
and will continue to do so unless enjoined by this Court. 

24. 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 arts of 

10 I infringement gains, profits, and advantages, tangible and intangible, the extent of which are not 

11 presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has 

12 | been, and will continue to be, irreparably harmed. 

THIRD CLAI M FOR RELIEF 

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


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26. This is a claim for patent rrmingement under 35 U,S.C. §§ 271 and 281- 

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

1 8 I been and is infringing the '504 patent under § 27 1 (a) by Microsoft's use of the Product 

19 Activation feature of Microsoft XP and other Microsoft products. In addition, on information and J 

20 belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the 

21 process of developing other systems, which irfringe the '504 patent under § 271(a). mterTrust is | 

22 I further informed and believes, and on that basis alleges, that Microsoft's infringement of the 
'504 patent under §271(a) will continue unless enjoined by this Court 

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

25 Len and isknowingly and intentionally inducing others to infringe directly the '504 patentunder | 

26 § 271(a), thereby inducing infringement of the '504 patent under § 271(b). InterTrust is further 

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

28 | Microsoft promoted and marketed use of the Product Activation feature of Wmdow^ 


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2nd AM- CMPLT FOR INFRlNOKMm I » >»£»> ™Z^"^^"*^ 


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. FAX 415 394 0134 


KEKER & VAN NEST LLP 


l£007 


ther Microsoft products. InterTrust is further informed and believes, and on that basis alleges, 
,at Microsoft's infringement of the '504 patent under §271(b) will continue unless enjoined by 
lis Court 

29. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
een 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 infnnging 
ise and not staple articles or commodities of commerce suitable for substantial noninfringing 
ise, including the Product Activation feature of Windows XP and other Microsoft products. 
nterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
nfiingement of the '504 patent under §271(c) will continue unless enjoined by this Court. 

30. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
villfully infringing the '504 patent in the manner described above in paragraphs 27 through 29, 
ind will continue to do so unless enjoined by this Court. 

31. 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 
nfiingement gains, profits, and advantages, tangible and intangible, the extent of which are not 
presently known to InterTmsL By reason of the aforesaid acts of infringement, InterTrust has 
jeen, and will continue to be, irreparably harmed. 

FOURTH CT AIM FOR RELIEF 

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

herein. 

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

34. InterTrust is informed and believes, and on that basis alleges, that Microsoft has 
been and is infringing the '861 patent under § 27 1 (a) by making, using, selling, and offering for 
sale digital rights management software incorporating inventions claimed in the '861 patent, 
including but not limited to the Digital Asset Server and Microsoft Reader. 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 mfringe the '861 patent under § 


2nd AM- CMPLT FOR INFRINGEMENT OF U-S. P ATENT WOS. 1^185^683 B>; 6,253,193; 54*40,504 Bl *5,920, 8 61 

CASE NO. C 01 1640 JL 


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I FAX 4 1 5 394 0 134 KEKER & VAN NEST LLP 141008 

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i 

71(a). InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
uringement of the '861 patent under §271(a) will continue unless enjoined by this Court. 

35. 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 
iformed and believes that Microsoft's inducement has at least included the manner in which 
Microsoft has promoted and marketed use of Digital Asset Server and Microsoft Reader. 
AterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
afringement of the '861 patent under §271(b) will continue unless enjoined by this Court. 

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

37. InterTrust is informed and believes, and on that basis alleges, that Microsoft is 
villfully infiinging the '861 patent in the manner described above in paragraphs 32 through 34, 
md will continue to do so unless enjoined by mis Court. 

38. 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 
presently known to InterTrust. By reason of the aforesaid acts of unhingement, InterTrust has 
seen, 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 '683 patent under 35 U.S.C. § 

271(a); 


~M AM. CMPLT FOR INFRINGEMENT OF U.S. PATENT N»W Bl; 6,253,193; 5,940,504 Bl &5.920.B61 

CASE NO. C 01 1640 JL 


08/10/2001 10:12 FAX 415 394 _0134_. 


KEKER & VAN NEST LLP 


1^009 


1 

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B. ThatMicro^ftbeadjudgedtohaveinfnngedthe'eSapaientunderSSU.S-C § 
271(b)by inducing others to infringe directly the '683 pate* under 35 U.S.C. § 271(a); 

C That Microsoft be adjudged to have contributor^ infringed the '683 patent under 

35 U.S.C. § 271(c); 

D . That Microsoft be adjudged to have willfully infringed the '683 patent under 35 

U.S.C. §§ 271(a), (b), and (c); 

E That Microsoft, its officers, agents, servants, employees and attorneys, and those 

8 ILons in acuve concert or participation with 0,ern be prehnnnanly and pennanently restrained 

9 I and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '683 patent; 

10 II F. ThatMicrosoftbeadjudgedtohaveinfiringedthe'WSpatentunderSSU.S.C. § 

11 II 271(<0* 

12 „ G. That Microsoft be adjudged to have ir^^^ § 

13 271(b)byinducingothers^ § ^ 

14 H. ThatMicrosoftbeadjudged^ 

15 1 35 U.S.C. § 271(c); 

16 N I. TnatMicrosoftbeadjudged^ 

17 || U.S.CJ§ 271(a), (b), and (c); 

18 „ J ThatMicrosoft,its.officer S , agents, servants, employees and attorneys, and those 
^ Lexsons inactive concert orparticipauon with U.emb^ 

20 l and enjoined unde* 35 U.S.C. § 283 from direcuy or mdn^tlyirrfnnging the '193 patent; 

K. ThatMicr OS oftbead j ud g edtohaveinf^gedthe- 5 04pat e ntunder35U.S.a § 

L . ThatMicrcsoftbeadjudgedtoha^ § 
271 (b) by inducing others to infringe directly the '504 patent under 35 US.C. § 271(a); 
M. ThatMicrcsoftbeadjudged*^^ 

35 U.S.C § 271(c); 

N . T^tMicrosoftbeadjudgedtohavevviUfullymfringe^ 

U.S.C.§§ 271(a), (b), and (c); 


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08/10/2001 10:12 FAI 415 3 94 013 1 


_ffiKER & VAN NEST LLP 


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O That Microsoft its officer*, agents, servants, employees ™> — » -* 


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Md eojoinedunde r 35U.S^ 

P. That this Court award damag^a compensate InterTrust for Microsoft's 

infringement, 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 
attorney's fees to InterTrust pursuant to 35 U.S.CJ 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 irdnnged the '861 patent under 35 US.C. § 
2710) by inducing other* .0 infringe directly the '861 patent under 35 U.S.C. § 271(a); 

T. mtMicro^ftbeadjudged.obavecontn-bu.orayinffinged^'861 patentunder 

35U.S.C. § 271(c); 

U. That Microsoft be adjudged to have willfully infringed the ta paten, under 35 
15 |lu.S.C. §§ 271(a). O* ■ Dd ("* 

w , V That Microsoft, its officers, agents, servants, employees and a«c^ and ft.se 
,7 persons in ^^o,^^^^^^^^^^^^ 
,8 Lenjoinedunder35 O.S.C. §283 from direcuy or indirectly infringing the "861 paten,; 

20 Microsoft, and award such interest and costs to Interim*. P«suan« - 35 U.S.C. 5 284; and 

KEKER &.VAN NEST, LLP 

22 Dated: July 25, 2001 


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273908-02 


'Attorneys tor Plaintiff 

SStrust TECHNOLOGIES 
CORPORATION 


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FAX 415 394 0134 

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KEKER & VAN NEST LLP 


IS Oil 


DEMAND FOR JURY TRIAL 

Plaintiff InterTmst berby demands a trial by jury as to all issues triable by jury, 
pecifically including, but not limited to, the issue of mfringement of United States Patent Nos. 
,185,683 Bl; 6,253,193 Bl; 5,940,504; and-5,920,861. 

)ated: July 25,2001 KEKER & VAN NEST, LLP 



t&rneys for Plaintiff . 

1TRUST TECHNOLOGIES 
CORPORATION 


FAX 415 394 0134 


KEKER & VAN NEST LLP 


l<2012 


PROOF OF. SERVICE 

I am employed in the City and County of San Francisco, State of California in the office 
a member of the bar of this court at whose direction the following service was made. I arn 
^fage of eighteen years and not a party to the within action. My ^usmess address is Keker 
& Van Nest, LLP, 710 Sansome Street, San Francisco, California 941 1 1. 

On July 26, 2001 , 1 served the following documents): 

SECOND AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NOS. 
6,185,683 Bl AND 6,253,193 BJ; 5,920,861; 5,940, 504 

0 bv COURIER, by placing a true and correct copy in a scaled envelope addressed as shown below, and 

d^tebS mcVsengcr from FIRST LEGAL with instructions to hand-carry the above and make delivery 
1X£££^JS£***» ^ »>y leaving a true W^g**™ ^ 
is shown or the person authorized to accept courier deliveries on behalf of the addressee. 


Eric L. Wesenberg, Esq. 
Mark R. Weinstein, Esq. 
Orrick, Herrington & Sutcliffe LLP 
1000 Marsh Road 
MenloPark,CA 94015 

_ . wnruAi fyphf«?S bvt»lacuiH a true and correct copy in a sealed envelope addressed as shown 
0 ffSSSSSSS. of Keker * vVnNest, LLP for ccirespondence for delivery 
by ^bSSSL. According to that practice, items are retrieved daily by a FedEx Corporation 

employee for overnight delivery. 

John D. Vandenberg, Esq. 
James E. Geringer, Esq. 
Steven R. Alexander, Esq. # 
Klarquist Sparkman Campbell Leigh & Whinston 
One World Trade Center, Suite 1600 
121 S.W. Salmon Street 
Portland, OR 97204 

1 declare under penalty of perjury under the laws of the State of CaBfomia that the above 
is true and correct 

Executed on July 26, 2001, at San Francisco, California. 

! 



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