Motorola Mobility, Inc. v. Microsoft Corporation

Filing 74

RESPONSE in Opposition re 62 Defendant's MOTION to Change Venue Defendant's Motion to Transfer This Action to the Western District of Washington and Accompanying Memorandum of Law filed by Motorola Mobility, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Affidavit, # 29 Affidavit, # 30 Affidavit)(Giuliano, Douglas)

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EXHIBIT V Case 2:10-cv-01577-RSM Document 1 Filed 10/01/10 Page 1 of 243 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 MICROSOFT CORPORATION, a Washington Corporation, 12 Plaintiff, 13 14 15 v. Motorola, Inc., Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: COMPLAINT FOR PATENT INFRINGEMENT JURY DEMAND 18 19 20 Plaintiff Microsoft Corporation (“Microsoft”) for its Complaint for Patent Infringement against Motorola, Inc. (“Motorola”) alleges as follows: 21 22 23 24 PARTIES 1. Plaintiff Microsoft is a Washington corporation having its principal place of business at One Microsoft Way, Redmond, Washington 98052. 2. Upon information and belief, Defendant Motorola is a corporation organized 25 under the laws of Delaware with its principal place of business at 1303 East Algonquin Road, 26 Schaumburg, Illinois 60196. On information and belief, Motorola is engaged in the design, 27 manufacture, importation into the United States, and sale after importation of smartphones and 28 COMPLAINT – 1 Case 2:10-cv-01577-RSM Document 1 1 2 3 Filed 10/01/10 Page 2 of 243 associated software applications and services. Motorola markets and sells these products worldwide through its channel business partners, telecom service providers, and various retail companies, both at retail stores and through company websites. 4 JURISDICTION AND VENUE 5 6 7 8 9 10 11 12 13 14 3. This is an action for patent infringement arising under the patent laws of the United States, Title 35, United States Code. 4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 5. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c), 1391(d), and 1400(b). On information and belief, Defendant is subject to this Court’s personal jurisdiction, consistent with the principles of due process and the Washington Long Arm Statute, because Defendant maintains offices and facilities in the Western District of Washington, offer their products for sale in the Western District of Washington, have transacted business in this District, and/or have committed and/or induced acts of patent infringement in this District. 15 PATENT INFRINGEMENT COUNTS 16 17 18 19 20 21 22 23 24 25 26 6. Microsoft is the owner of all right, title, and interest in U.S. Patent No. 5,579,517 (“the ’517 patent”), U.S. Patent No. 5,758,352 (“the ’352 patent”), U.S. Patent No. 6,621,746 (“the ’746 patent”), U.S. Patent No. 6,826,762 (“the ’762 patent”), U.S. Patent No. 6,909,910 (“the ’910 patent”), U.S. Patent No. 7,644,376 (“the ’376 patent”), U.S. Patent No. 5,664,133 (“the ’133 patent”), U.S. Patent No. 6,578,054 (“the ’054 patent”), and U.S. Patent No. 6,370,566 (“the ’566 patent”) (collectively, “the Microsoft Patents”), which the Defendant is infringing and/or inducing others to infringe by making, using, offering to sell or selling in the United States, or importing into the United States, products or processes that practice inventions claimed in the Microsoft Patents. 7. The Defendant has profited through infringement of the Microsoft Patents. As a result of the Defendant’s unlawful infringement of the Microsoft Patents, Microsoft has suffered 27 28 COMPLAINT – 2 Case 2:10-cv-01577-RSM Document 1 1 2 3 4 5 6 7 8 9 Filed 10/01/10 Page 3 of 243 and will continue to suffer damage. Microsoft is entitled to recover from the Defendant the damages suffered by Microsoft as a result of the Defendant’s unlawful acts. 8. Upon information and belief, Defendant’s infringement of one or more of the Microsoft Patents is willful and deliberate, entitling Microsoft to enhanced damages and reasonable attorney fees and costs. 9. Upon information and belief, the Defendant intends to continue their unlawful infringing activity, and Microsoft continues to and will continue to suffer irreparable harm—for which there is no adequate remedy at law—from such unlawful infringing activity unless the Defendant is enjoined by this Court. 10 COUNT I 11 INFRINGEMENT OF U.S. PATENT NO. 5,579,517 12 13 14 15 16 17 18 19 20 21 22 23 10. Microsoft realleges and incorporates by reference the allegations set forth in paragraphs 1-9. 11. Microsoft is the owner of all right, title, and interest in U.S. Patent No. 5,579,517 (“the ’517 patent”), entitled “Common Name Space for Long and Short File Names,” duly and properly issued by the U.S. Patent and Trademark Office on November 26, 1996 (a reexamination certificate for the ’517 issued on November 28, 2006). A copy of the ’517 patent is attached as Exhibit A. 12. The Defendant has been and/or is directly infringing and/or inducing infringement of and/or is contributorily infringing the ’517 patent by, among other things, making, using, offering to sell or selling in the United States, or importing into the United States, products and/or services that are covered by one or more claims of the ’517 patent, including, by way of example and not limitation, the Motorola Droid 2. 24 COUNT II 25 INFRINGEMENT OF U.S. PATENT NO. 5,758,352 26 27 13. Microsoft realleges and incorporates by reference the allegations set forth in paragraphs 1-12. 28 COMPLAINT – 3 Case 2:10-cv-01577-RSM Document 1 1 2 3 4 5 6 7 8 9 10 14. Filed 10/01/10 Page 4 of 243 Microsoft is the owner of all right, title, and interest in U.S. Patent No. 5,758,352 (“the ’352 patent”), entitled “Common Name Space for Long and Short File Names,” duly and properly issued by the U.S. Patent and Trademark Office on November 26, 1996 (a reexamination certificate was issued for the ‘352 patent on October 10, 2006). A copy of the ’352 patent is attached as Exhibit B. 15. The Defendant has been and/or is directly infringing and/or inducing infringement of and/or is contributorily infringing the ’352 patent by, among other things, making, using, offering to sell or selling in the United States, or importing into the United States, products and/or services that are covered by one or more claims of the ’352 patent, including, by way of example and not limitation, the Motorola Droid 2. 11 COUNT III 12 INFRINGEMENT OF U.S. PATENT NO. 6,621,746 13 14 15 16 17 18 19 20 21 22 23 16. Microsoft realleges and incorporates by reference the allegations set forth in paragraphs 1-15. 17. Microsoft is the owner of all right, title, and interest in U.S. Patent No. 6,621,746 (“the ’746 patent”), entitled “Monitoring Entropic Conditions of a Flash Memory Device as an Indicator for Invoking Erasure Operations,” duly and properly issued by the U.S. Patent and Trademark Office on September 16, 2003. A copy of the ’746 patent is attached as Exhibit C. 18. The Defendant has been and/or is directly infringing and/or inducing infringement of and/or is contributorily infringing the ’746 patent by, among other things, making, using, offering to sell or selling in the United States, or importing into the United States, products and/or services that are covered by one or more claims of the ’746 patent, including, by way of example and not limitation, the Motorola Charm. 24 COUNT IV 25 INFRINGEMENT OF U.S. PATENT NO. 6,826,762 26 27 19. Microsoft realleges and incorporates by reference the allegations set forth in paragraphs 1-18. 28 COMPLAINT – 4 Case 2:10-cv-01577-RSM Document 1 1 2 3 4 5 6 7 8 9 10 20. Filed 10/01/10 Page 5 of 243 Microsoft is the owner of all right, title, and interest in U.S. Patent No. 6,826,762 (“the ’762 patent”), entitled “Radio Interface Layer in a Cell Phone with a Set of APIs Having a Hardware-Independent Proxy Layer and a Hardware-Specific Driver Layer,” duly and properly issued by the U.S. Patent and Trademark Office on November 30, 2004. A copy of the ’762 patent is attached as Exhibit D. 21. The Defendant has been and/or is directly infringing and/or inducing infringement of and/or is contributorily infringing the ’762 patent by, among other things, making, using, offering to sell or selling in the United States, or importing into the United States, products and/or services that are covered by one or more claims of the ’762 patent, including, by way of example and not limitation, the Motorola Droid 2. 11 COUNT V 12 INFRINGEMENT OF U.S. PATENT NO. 6,909,910 13 14 15 16 17 18 19 20 21 22 23 22. Microsoft realleges and incorporates by reference the allegations set forth in paragraphs 1-21. 23. Microsoft is the owner of all right, title, and interest in U.S. Patent No. 6,909,910 (“the ’910 patent”), entitled “Method and System for Managing Changes to a Contact Database,” duly and properly issued by the U.S. Patent and Trademark Office on June 21, 2005. A copy of the ’910 patent is attached as Exhibit E. 24. The Defendant has been and/or is directly infringing and/or inducing infringement of and/or is contributorily infringing the ’910 patent by, among other things, making, using, offering to sell or selling in the United States, or importing into the United States, products and/or services that are covered by one or more claims of the ’910 patent, including, by way of example and not limitation, the Motorola Droid 2. 24 COUNT VI 25 INFRINGEMENT OF U.S. PATENT NO. 7,644,376 26 27 25. Microsoft realleges and incorporates by reference the allegations set forth in paragraphs 1-24. 28 COMPLAINT – 5 Case 2:10-cv-01577-RSM Document 1 1 2 3 4 5 6 7 8 9 26. Filed 10/01/10 Page 6 of 243 Microsoft is the owner of all right, title, and interest in U.S. Patent No. 7,644,376 (“the ’376 patent”), entitled “Flexible Architecture for Notifying Applications of State Changes,” duly and properly issued by the U.S. Patent and Trademark Office on January 5, 2010. A copy of the ’376 patent is attached as Exhibit F. 27. The Defendant has been and/or is directly infringing and/or inducing infringement of and/or is contributorily infringing the ’376 patent by, among other things, making, using, offering to sell or selling in the United States, or importing into the United States, products and/or services that are covered by one or more claims of the ’376 patent, including, by way of example and not limitation, the Motorola Droid 2. 10 COUNT VII 11 INFRINGEMENT OF U.S. PATENT NO. 5,664,133 12 13 14 15 16 17 18 19 20 21 22 28. Microsoft realleges and incorporates by reference the allegations set forth in paragraphs 1-27. 29. Microsoft is the owner of all right, title, and interest in U.S. Patent No. 5,664,133 (“the ’133 patent”), entitled “Context Sensitive Menu System/Menu Behavior,” duly and properly issued by the U.S. Patent and Trademark Office on September 2, 1997. A copy of the ’133 patent is attached as Exhibit G. 30. The Defendant has been and/or is directly infringing and/or inducing infringement of and/or is contributorily infringing the ’133 patent by, among other things, making, using, offering to sell or selling in the United States, or importing into the United States, products and/or services that are covered by one or more claims of the ’133 patent, including, by way of example and not limitation, the Motorola Droid 2. 23 COUNT VIII 24 INFRINGEMENT OF U.S. PATENT NO. 6,578,054 25 26 31. Microsoft realleges and incorporates by reference the allegations set forth in paragraphs 1-30. 27 28 COMPLAINT – 6 Case 2:10-cv-01577-RSM Document 1 1 2 3 4 5 6 7 8 9 32. Filed 10/01/10 Page 7 of 243 Microsoft is the owner of all right, title, and interest in U.S. Patent No. 6,578,054 (“the ’054 patent”), entitled “Method and System for Supporting Off-line Mode of Operation and Synchronization Using Resource State Information,” duly and properly issued by the U.S. Patent and Trademark Office on June 10, 2003. A copy of the ’054 patent is attached as Exhibit H. 33. The Defendant has been and/or is directly infringing and/or inducing infringement of and/or is contributorily infringing the ’054 patent by, among other things, making, using, offering to sell or selling in the United States, or importing into the United States, products and/or services that are covered by one or more claims of the ’054 patent, including, by way of example and not limitation, the Motorola Droid 2. 10 COUNT IX 11 INFRINGEMENT OF U.S. PATENT NO. 6,370,566 12 13 14 15 16 17 18 19 20 21 22 34. Microsoft realleges and incorporates by reference the allegations set forth in paragraphs 1-33. 35. Microsoft is the owner of all right, title, and interest in U.S. Patent No. 6,370,566 (“the ’566 patent”), entitled “Generating Meeting Requests and Group Scheduling from a Mobile Device,” duly and properly issued by the U.S. Patent and Trademark Office on April 9, 2002. A copy of the ’566 patent is attached as Exhibit I. 36. The Defendant has been and/or is directly infringing and/or inducing infringement of and/or is contributorily infringing the ’566 patent by, among other things, making, using, offering to sell or selling in the United States, or importing into the United States, products and/or services that are covered by one or more claims of the ’566 patent, including, by way of example and not limitation, the Motorola Droid 2. 23 DEMAND FOR JURY TRIAL 24 25 37. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Microsoft respectfully requests a trial by jury on all issues properly triable by jury. 26 PRAYER FOR RELIEF 27 WHEREFORE, Microsoft prays for relief as follows: 28 COMPLAINT – 7 Case 2:10-cv-01577-RSM Document 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A. Filed 10/01/10 Page 8 of 243 For a judgment declaring that Defendant has infringed each of the Microsoft Patents; B. For a judgment awarding Microsoft compensatory damages as a result of Defendant’s infringement of the Microsoft Patents, together with interest and costs, and in no event less than a reasonable royalty; C. For a judgment declaring that Defendant’s infringement of Microsoft Patents has been willful and deliberate; D. For a judgment awarding Microsoft treble damages and pre-judgment interest under 35 U.S.C. § 284 as a result of Defendant’s willful and deliberate infringement of the Microsoft Patents; E. For a judgment declaring that this case is exceptional and awarding Microsoft its expenses, costs, and attorneys fees in accordance with 35 U.S.C. §§ 284 and 285 and Rule 54(d) of the Federal Rules of Civil Procedure; F. For a grant of a permanent injunction pursuant to 35 U.S.C. § 283, enjoining Defendant from further acts of infringement; and G. For such other and further relief as the Court deems just and proper. 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT – 8 Case 2:10-cv-01577-RSM Document 1 Filed 10/01/10 Page 9 of 243 1 Dated: October 1, 2010 2 s/David E. Killough David E. Killough 3 4 5 6 Of counsel: 7 T. ANDREW CULBERT (SBN 35925) andycu@microsoft.com DAVID E. KILLOUGH (SBN 40185) davkill@microsoft.com MICROSOFT CORPORATION 1 Microsoft Way Redmond, Washington 98052 Telephone: 425-882-8080 Facsimile: 425-869-1327 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DAVID T. PRITIKIN dpritikin@sidley.com RICHARD A. CEDEROTH rcederoth@sidley.com DOUGLAS I. LEWIS dilewis@sidley.com JOHN W. MCBRIDE jwmcbride@sidley.com SIDLEY AUSTIN LLP One South Dearborn Chicago, IL 60603 Telephone: 312-853-7000 Facsimile: 312-853-7036 BRIAN R. NESTER bnester@sidley.com KEVIN C. WHEELER kwheeler@sidley.com SIDLEY AUSTIN LLP 1501 K Street, NW Washington, DC 20005 Telephone: 202-736-8000 Facsimile: 202-736-8711 25 26 Counsel for Plaintiff Microsoft Corp. 27 28 COMPLAINT – 9

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