Klausner Technologies, Inc. v. Microsoft Corporation

Filing 1

COMPLAINT for Patent Infringement against Microsoft Corporation ( Filing fee $ 350 receipt number 0540-3412194.), filed by Klausner Technologies, Inc.. (Attachments: # 1 Exhibit A - 576 Patent, # 2 Exhibit B - 818 Patent, # 3 Civil Cover Sheet)(Capshaw, Sidney)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION

KLAUSNER TECHNOLOGIES, INC.,
a New York corporation,
Plaintiff,

CASE NO. ________________

vs.
MICROSOFT CORPORATION;

JURY TRIAL DEMANDED

Defendant.

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Klausner Technologies, Inc. (“Klausner Technologies”) sues Defendant
Microsoft Corporation (“Microsoft”) and on information and belief, alleges as follows:

Introduction
1.

Plaintiff Klausner Technologies owns the inventions described and

claimed in United States Patent Nos. 5,572,576 entitled “Telephone Answering Device Linking
Displayed Data with Recorded Audio Message” (the “„576 Patent”) and 5,283,818 entitled
“Telephone Answering Device Linking Displayed Data with Recorded Audio Message” (the
“„818 Patent”). Defendant (a) has used and continues to use Plaintiff‟s patented technology in
products that it makes, uses, sells, and offers to sell, without Plaintiff‟s permission, and (b) has
contributed to or induced, and continues to contribute to or induce, others to infringe the „576
and „818 Patents. Plaintiff Klausner Technologies seeks damages for patent infringements and
an injunction preventing Defendant from making, using, selling, or offering to sell, and from
contributing to and inducing others to make, use, sell, or offer to sell, Plaintiff‟s patented
technology without permission.

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Jurisdiction and Venue
2.

This is an action for patent infringement arising under the patent laws of

the United States, 35 U.S.C. §§ 271 and 281, et seq. The Court has original jurisdiction over this
patent infringement action under 28 U.S.C. §§ 1338(a).
3.

Venue is proper in this Court because the Defendant is responsible for acts

of infringement occurring in the Eastern District of Texas as alleged in this Complaint, and has
delivered or caused to be delivered its infringing products in the Eastern District of Texas.

Plaintiff Klausner Technologies
4.

Plaintiff Klausner Technologies, Inc. is a corporation existing under and

by virtue of the laws of the State of New York.

The ‘576 Patent
5.

The United States Patent and Trademark Office issued the „576 Patent on

November 5, 1996. A copy of the „576 Patent is attached as Exhibit A. Through assignment,
Plaintiff is the owner of all right, title, and interest, including rights for damages for past
infringements, in the „576 Patent.

The ‘818 Patent
6.

The United States Patent and Trademark Office issued the „818 Patent on

February 1, 1994. A copy of the „818 Patent is attached as Exhibit B. Through assignment,
Plaintiff is the owner of all right, title, and interest, including rights for damages for past
infringements, in the „818 Patent.

Defendant Microsoft
7.

Upon information and belief, Defendant Microsoft is a Washington

corporation with its principal place of business at 1 Microsoft Way, Redmond, Washington,

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98052.

First Claim for Patent Infringement (‘576 Patent)
8.

Plaintiff incorporates by reference each of the allegations in paragraphs 1

through 7 above.
9.

On or about November 5, 1996, the „576 Patent, disclosing and claiming a

“Telephone Answering Service Linking Displayed Data with Recorded Audio Message,” was
duly and legally issued by the United States Patent and Trademark Office.
10.

Plaintiff Klausner Technologies is the owner of the „576 Patent with full

rights to pursue recovery of royalties or damages for infringement of such patent, including full
rights to recover past and future damages.
11.

Defendant Microsoft has infringed, contributed to the infringement, and

induced others to infringe the „576 Patent and, unless enjoined, will continue to infringe the „576
Patent by manufacturing, using, selling, offering for sale, or by using the method(s) claimed in
the Patent or by contributing to or inducing others to make, use, sell, or offer to sell, the claimed
invention or use the claimed methods(s) without a license or permission from Plaintiff.
12.

Plaintiff has been damaged by Defendant Microsoft‟s infringement of the

„576 Patent and will suffer additional irreparable damage and impairment of the value of its
patent rights unless Defendant Microsoft is enjoined from continuing to infringe the „576 Patent.
13.

Defendant Microsoft‟s acts of infringement have been, and continued to

be committed with full knowledge of Plaintiff‟s rights in the „576 Patent, and in willful and
wanton disregard of Plaintiff‟s rights, rendering this an exceptional case under 35 U.S.C. §285.

Second Claim for Patent Infringement (‘818 Patent)
14.

Plaintiff incorporates by reference each of the allegations in paragraphs 1

through 13 above.

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14.

On or about February 1, 1994, the „818 Patent, disclosing and claiming a

“Telephone Answering Service Linking Displayed Data with Recorded Audio Message,” was
duly and legally issued by the United States Patent and Trademark Office.
15.

Plaintiff Klausner Technologies is the owner of the „818 Patent with full

rights to pursue recovery of royalties or damages for infringement of such patent, including full
rights to recover past and future damages.
16.

Defendant Microsoft has infringed, contributed to the infringement, and

induced others to infringe the „818 Patent and, unless enjoined, will continue to infringe the „818
Patent by manufacturing, using, selling, offering for sale, or by using the method(s) claimed in
the Patent or by contributing to or inducing others to make, use, sell, or offer to sell, the claimed
invention or use the claimed methods(s) without a license or permission from Plaintiff.
17.

Plaintiff has been damaged by Defendant Microsoft‟s infringement of the

„818 Patent and will suffer additional irreparable damage and impairment of the value of its
patent rights unless Defendant Microsoft is enjoined from continuing to infringe the „818 Patent.
18.

Defendant Microsoft‟s acts of infringement have been, and continued to

be committed with full knowledge of Plaintiff‟s rights in the „818 Patent, and in willful and
wanton disregard of Plaintiff‟s rights, rendering this an exceptional case under 35 U.S.C. §285.

19.

Plaintiff demands trial by jury of all issues.

WHEREFORE, Plaintiff prays for judgment as follows:
A.

A decree preliminarily and permanently enjoining Defendant, its officers,
directors, employees, agents, and all persons in active concert with them, from
infringing, and contributing to or inducing others to infringe, the „576 and „818
Patents;

B.

Compensatory damages awarding Plaintiff damages caused by Defendant‟s
infringement of the „576 and „818 Patents;

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C.

Enhancement of Plaintiff‟s damages by reason of the nature of Defendant‟s
infringement pursuant to 35 U.S.C. §284;

D.

For costs of suit and attorneys fees;

E.

For pre-judgment interest; and

F.

For such other relief as justice requires.

Dated: January 23, 2012

Respectfully submitted,

By: _/s/ Calvin Capshaw____________________
S. Calvin Capshaw, III
State Bar No. 03783900
Elizabeth L. DeRieux
State Bar No. 05770585
D. Jeffrey Rambin
State Bar No. 00791478
Capshaw DeRieux, LLP
114 E. Commerce Ave.
Gladewater, Texas 75647
[phone] Telephone
[phone] Facsimile
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Gregory S. Dovel
State Bar No. 135387
Sean A. Luner
State Bar No. 165443
Dovel & Luner, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: 310-657-7069
Email: [e-mail]

ATTORNEYS FOR PLAINTIFF,
KLAUSNER TECHNOLOGIES, INC.

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