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267611.01 


KEKER & VAN NEST, LLP 
JOHN W. KEKER - #49092 
HENRY C. BUNSOW - #60707 
JON B. STREETER - #101970 
MICHAEL H. PAGE - #154913 
RAGESH K. TANGRI - # 1 59477 
710 Sansome Street 
San Francisco, CA 941 1 1-1 704 
Telephone: (415)391-5400 
Facsimile: (415)397-7188 

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

Attorneys for Plaintiff 

INTERTRUST TECHNOLOGIES CORPORATION 


FILED 

APR % 6 2001 



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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 



INTERTRUST TECHNOLOGIES 

CORPORATION, 

a Delaware corporation, 


c 


Plaintiff, 


v. 


MICROSOFT CORPORATION, a 
Washington corporation, 


Defendant. 



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Case No. 


COMPLAINT FOR INFRINGEMENT OF 
U.S. PATENT NO. 6,185,683 Bl 


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. 6,185,683 Bl 


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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. 6,185,683 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 
attached hereto as Exhibit A. 

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. 

10. 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, using, selling, and offering for 
sale digital rights management software incorporating inventions claimed in the '683 patent. 
InterTrust is further informed and believes, and on that basis alleges, that Microsoft's 
infringement of the '683 patent under §271(a) will continue unless enjoined by this Court. 

1 1 . 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 


267611.01 


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COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,185,683 Bl 


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1 § 271 (a), thereby inducing infringement of the '683 patent under § 271(b). InterTrust is further 

2 I 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 2. 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 
I use and not staple articles or commodities of commerce suitable for substantial noninfringing 

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

9 II infringement of the '683 patent under §271 (c) will continue unless enjoined by this Court. 

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

1 1 II willfully infringing the '683 patent in the manner described above in paragraphs 10 through 12, 

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 

14 || derived and received, and will continue to derive and receive from the aforesaid acts of 

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

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

17 || 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 '683 patent under 35 U.S.C. § 

21 || 271(a); 

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

23 || 271(b) by inducing others to infringe directly the '683 patent under 35 U.S.C. § 271(a); 

24 II c - That Microsoft be adjudged to have contributorily infringed the '683 patent under 

25 || 35 U.S.C. § 271(c); 

26 H D - That Microsoft be adjudged to have willfully infringed the '683 patent under 35 

27 || U.S.C. §§ 271(a), (b), and (c); 

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


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COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,185,683 Bl 


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

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

H. 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 

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


Dated: April 26, 2001 


KEKER & VAN NEST, LLP 




W. KEKER 
ftorneys for Plaintiff 
JTERTRUST TECHNOLOGIES 
CORPORATION 


267611.01 


COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,185,683 Bl 


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DEMAND FOR JURY TRIAL 

PlaintifflnterTrust 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. 

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



JQJ1N W. KEKER 
Attorneys for Plaintiff 
INTERTRUST TECHNOLOGIES 
CORPORATION 


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COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,185,683 Bl 


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