Cambridge Technology Development, Inc. v. Microsoft Corporation

Filing 1

Cambridge Technology Development, Inc. v. Microsoft Corporation

Doc. 1

Case 1:07-cv-06511

Document 1

Filed 11/16/2007

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FILED

NOVEMBER 16, 2007
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Steven G. Lisa (Ill. State Bar # 6187348) Jon E. Kappes (Ill. State Bar # 6291678) LAW OFFICES OF STEVEN G. LISA, LTD. 55 West Monroe Street, Suite 3200 Chicago, Illinois 60603 Tel. & Fax: [phone] Attorneys for Plaintiff

MICHAEL W. DOBBINS CLERK, U.S. DISTRICT COURT

07 C 6511
JUDGE GUZMAN

IN THE UNITED STATES DISTRICT COURTGISTRATE JUDGE DENLOW MA FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

LI
CAMBRIDGE TECHNOLOGY DEVELOPMENT, INC., a Massachusetts Corporation, Plaintiff, vs. MICROSOFT CORPORATION, a Washington Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) No. ____________ COMPLAINT (Jury Trial Demanded)

Plaintiff, against defendant, Microsoft Corporation 1. Microsoft , as follows:

, complains

This action arises under the Patent Laws of the United States, 35 United

States Code. This Court has jurisdiction of this action under 28 U.S.C. § 1338(a). 2. Cambridge Technology Development, Inc. is a Massachusetts corporation

e to which U.S. Patent 6,172,665
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ntitled to sue for and recover the relief requested below, including all past damages. 3. Defendant Microsoft is a corporation incorporated under the laws of the

State of Washington, having its headquarters at One Microsoft Way; Redmond,
STEVEN G. LISA, LTD.
COMPLAINT - 1
A Professional Corporation 55 West Monroe Street, Suite 3200 Chicago, Illinois 60603 Telephone and Facsimile: [phone] LAW OFFICES OF

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Washington; 98052-6399.

Microsoft manufactures and sells software and devices,

including selling or offering to sell within the last six years trackballs (including the accused devices) within this judicial district and by conducting other business within this judicial district or elsewhere in the United States that impacts this jurisdiction. 4. The Asserted Patent issued on January 9, 2001, and was duly and legally

issued to Dr. Edward T. Bullister for the inventions claimed therein. In 2003, Dr. Bullister assigned all right, title and interest in the Asserted Patent to Cambridge,

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including the right to sue for past damages. 5. c laim 13 of the Asserted Patent as part of a reexamination of the Asserted Patent (reexamination number 90/007,471). 6. Microsoft has manufactured, used, sold and offered for sale devices In an Official Action dated September 18, 2007, the United States Patent

covered by at least claim 13 of the Asserted Patent, including the computer trackball devices identified as the Microsoft Trackball Optical and Microsoft Trackball Explorer. 7. In the six-year period preceding the filing of this action, Microsoft has

infringed the Asserted Patent in violation of 35 U.S.C. § 271 with resultant damage to Cambridge, in an amount to be proven at trial. Cambridge and Dr. Bullister gave written t notice to Microsoft of the Asserted Patent after

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hereof. 8. Thus, Defendant, with actual knowledge of the Asserted Patent and without

lawful justification, willfully and deliberately infringed the Asserted Patent.
STEVEN G. LISA, LTD.
COMPLAINT - 2
A Professional Corporation 55 West Monroe Street, Suite 3200 Chicago, Illinois 60603 Telephone and Facsimile: [phone] LAW OFFICES OF

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WHEREFORE, CAMBRIDGE PRAYS FOR: (a) Judgment on the Complaint that Defendant has infringed, contributed to the

infringement of, or actively induced others to infringe U.S. Patent No. 6,172,665; (b) A permanent injunction to be issued enjoining and restraining Defendant,

and its officers, directors, agents, servants, employees, attorneys, licensees, successors, assigns, and those in active concert and participation with them, and each of them, from making, using, selling, offering for sale, or importing any products which fall within the

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scope of any or all claims of the Asserted Patent, and from inducing or contributing to the infringement of any such claims by others; (c) An award of damages against Defendant adequate to compensate

Cambridge for past infringement of the Asserted Patent, together with interest and costs as fixed by the Court, such damages to be trebled because of the willful and deliberate character of the infringement; a (d) al e

nd that Cambridge is entitled to an award of its prosecution of this action; and (e) /// /// Such other and further relief as the Court may deem just and proper.

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/// /// ///
STEVEN G. LISA, LTD.
COMPLAINT - 3
A Professional Corporation 55 West Monroe Street, Suite 3200 Chicago, Illinois 60603 Telephone and Facsimile: [phone] LAW OFFICES OF

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DEMAND FOR JURY TRIAL Plaintiff hereby makes a demand for a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedures as to all issues in this lawsuit. RESPECTFULLY SUBMITTED this 16th day of November, 2007. STEVEN G. LISA, LTD.
By:___s/Steven G. Lisa__________________________

Steven G. Lisa (Ill. State Bar # 6187348) Law Offices of Steven G. Lisa, Ltd. 55 West Monroe Street, Suite 3200 Chicago, Illinois 60603 Tel. & Fax: [phone]

Attorney for Plaintiff

STEVEN G. LISA, LTD.
COMPLAINT - 4
A Professional Corporation 55 West Monroe Street, Suite 3200 Chicago, Illinois 60603 Telephone and Facsimile: [phone]

LAW OFFICES OF