Timebase Pty Ltd v. Thomson Corporation, The

Filing 22

EXHIBIT re 21 MOTION for Leave to File and Serve Amended Complaint Exhibit A by Timebase Pty Ltd filed by Timebase Pty Ltd. (Cunningham, Michael)

Timebase Pty Ltd v. Thomson Corporation, The

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA TIMEBASE PTY LTD., Plaintiff, vs. THE THOMSON CORPORATION, WEST PUBLISHING CORPORATION, AND WEST SERVICES, INC. Defendants. ) ) ) ) ) ) ) ) ) )

File No. 07-CV-1687 (JNE/JJG)

AMENDED COMPLAINT

JURY TRIAL DEMANDED

Plaintiff, TimeBase Pty Ltd. ("TimeBase"), for its Amended Complaint, complains of defendants, The Thomson Corporation, West Publishing Corporation and West Services, Inc., as follows: PARTIES. JURISDICTION AND VENUE
1.

This is a claim for patent infringement arising under the patent laws of the

United States, including 35 U.S.C. §271. This Court has exclusive jurisdiction over the subject matter of this action under 28 U.S.C. §1338(a).
2.

TimeBase is organized under the laws of Australia, with its principal place of 362 Kent Street, Sydney, NSW 2000.

business at Levell,
3.

TimeBase is the owner by assignment and has standing to sue for infringement

of United States Patent No. 6,233,592, "System for Electronic Publishing."
4.

The Thomson Corporation ("Thomson") is an alien corporation incorporated

under the laws of Canada. Thomson sells publishing services and products nationwide and in this judicial district.

EXHIBIT A
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5.

West Publishing Corporation ("West Publishing") is incorporated under the

laws of Minnesota with its headquarters at 610 Opperman Drive, Eagan, Minnesota.
6.

West Services Inc. ("West Services") is incorporated under the laws of

Delaware with its headquarters at 610 Opperman Drive, Eagan, Minnesota.
7.

Thomson, West Publishing, and West Services have used, sold, or offered to

sell products and services that infringe the '592 patent within this judicial district, and have advertised the sale of such products in this judicial district.
8.

Thomson, West Publishing and West Services are subject to personal

jurisdiction in this judicial district.
9.

Venue is proper in this district under 28 D.S.C. §§139l(d) and l400(b). PATENT INFRINGEMENT

10.

The defendants have infringed the '592 patent at least by making, using,

importing, selling or offering to sell, and by inducing, aiding and/or abetting, encouraging or contributing to others' use of products and services that fall within the scope of one or more claims of the '592 patent. At present, the products embodying the patented invention are PastS tat Locator, RegulationsPlus and Graphical Statutes. The claims asserted are 1 to 5 and 14 to 18. Additional products or claims may be identified in the course of discovery. Defendants have received notice of their infringement of the' 592 patent.
11.

The defendants' acts of infringement have injured TimeBase, and TimeBase is

entitled to recover damages adequate to compensate it for the infringement that has occurred, but in no event less than a reasonable royalty.

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12.

The infringement by the defendants has injured and will continue to injure

TimeBase unless and until such infringement is enjoined by this Court. WHEREFORE, TimeBase respectfully requests judgment against the defendants and their subsidiaries and affiliates as follows: A. An award of damages adequate to compensate TimeBase for the infringement

that has occurred, together with prejudgment interest from the date infringement of the patent began and through the lifetime of the patent; B. D.S.C. § 284; C. A finding that this case is exceptional and an award to TimeBase of its Any other damages permitted, including any for willful infringement, under 35

attorneys' fees and expenses as provided by 35 D.S.C. § 285; D. An injunction permanently prohibiting the defendants and all persons in active

concert or participation with them, from further acts of infringement of the '592 patent; and E. Such other and further relief as this Court or a jury may deem proper. JURY DEMAND Plaintiff demands a trial by jury.

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Dated: May 10, 2007

GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A.

s/Michael R. Cunningham Michael R. Cunningham Attorney No. 20424 500 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 Telephone: [phone] Fax: [phone] michael. [e-mail] Attorneys for Plaintiff

By

Of Counsel Joseph N. Hosteny (jhosteny @hosteny.com) Arthur A. Gasey ([e-mail] Niro, Scavone, Haner & Niro 181 West Madison Street, Suite 4600 Chicago, Illinois 60602 Telephone: [phone] Fax: [phone]

GP:2080018

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