Free Amended Complaint - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MICROSOFT CORPORATION, Plaintiff, v. ALCATEL BUSINESS SYSTEMS and GENESYS TELECOMMUNICATIONS LABORATORIES, INC. Defendants. Case No.: 07-90-SLR

JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT Plaintiff Microsoft Corporation, by and through the undersigned attorneys, hereby files this Complaint against Alcatel Business Systems and Genesys Telecommunications Laboratories, Inc., requesting damages and injunctive relief based upon its personal knowledge as to its own facts and circumstances, and based upon information and belief as to the acts and circumstances of others. PARTIES 1. Plaintiff Microsoft Corporation ("Microsoft") is a Washington corporation having

a principal place of business at One Microsoft Way, Redmond, Washington 98052. 2. Defendant Alcatel Business Systems ("ABS" or "Defendant") is incorporated in

France and has its offices at 32 Avenue Kléber, 92707 Colombes, France. ABS is a whollyowned company of Alcatel-Lucent.

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3.

Defendant Genesys Telecommunications Laboratories, Inc. (" Genesys" or

" Defendant" ) is incorporated in California and has its offices at 2001 Junipero Serra Blvd., Daly City, California 94014. Genesys is a wholly-owned company of Alcatel-Lucent. JURISDICTION AND VENUE 4. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. This Court has subject matter jurisdiction over this action under 28 U. S. C. §§ 1331 and 1338(a). 5. This Court has personal jurisdiction over Defendants because, among other

things, they have directly infringed, contributed to the infringement of, and/or actively induced infringement of Microsoft's patents within this judicial district, as set forth herein. 6. Venue is proper in this Court under 28 U.S.C. §§ 1391 and 1400(b) because

Defendants have committed acts of infringement in and are subject to personal jurisdiction in this judicial district. FACTS 7. Microsoft is the owner by valid assignment of the entire right, title, and interest in

and to United States Letters Patent No. 6,421,439 (" the '439 Patent" ) entitled " System and Method for User Affiliation in a Telephone Network." The '439 patent, which was duly and legally issued by the United States Patent and Trademark Office on July 16, 2002, is attached hereto as Exhibit A. The '439 Patent issued from U.S. Patent Application Serial No. 09/275, 689 filed March 24, 1999. The inventor of the '439 Patent is Stephen M. Liffick. 8. Microsoft is the owner by valid assignment of the entire right, title, and interest in

and to United States Letters Patent No. 6,430,289 (" the '289 Patent" ) entitled " System and Method for Computerized Status Monitor and use in a Telephone Network." The '289 patent,

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which was duly and legally issued by the United States Patent and Trademark Office on August 6, 2002, is attached hereto as Exhibit B. The ' 289 Patent issued from U.S. Patent Application Serial No. 09/291,693, filed April 13, 1999. The inventor of the ' 289 Patent is Stephen M. Liffick. 9. Microsoft is the owner by valid assignment of the entire right, title, and interest in

and to United States Letters Patent No. 6,263,064 B1 (" the ' 064 Patent" ) entitled " Centralized Communication Control Center for Visually and Audibly Updating Communication Options Associated With Communication Services of a Unified Messaging System and Methods Therefor." The ' 064 patent, which was duly and legally issued by the United States Patent and Trademark Office on July 17, 2001, is attached hereto as Exhibit C. The ' 064 Patent issued from U.S. Patent Application Serial No. 09/239,585, filed January 29, 1999. The inventors of the ' 064 Patent are Stephen C. O' Neal and John Jiang. 10. Microsoft is the owner by valid assignment of the entire right, title, and interest in

and to United States Letters Patent No. 6,728,357 (" the ' 357 Patent" ) entitled " Centralized Communication Control Center and Methods Therefore." The ' 357 patent, which was duly and legally issued by the United States Patent and Trademark Office on April 27, 2004, is attached hereto as Exhibit D. The ' 357 Patent issued from U.S. Patent Application Serial No. 09/907,051, filed July 17, 2001, which is a continuation of Application Serial No. 09/239,585, filed on January 29, 1999, now the ' 064 Patent. The inventors of the ' 357 Patent are Stephen C. O' Neal and John Jiang. COUNT I: ABS'S INFRINGEMENT OF U.S. PATENT NO. 6,421,439 11. Microsoft incorporates paragraphs 1-10 as if fully set forth herein.

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12.

ABS has been and is now making, using, selling, offering for sale within the

United States, or importing into the United States, unified communication systems that infringe the ' 439 patent. 13. ABS has been and is now contributing to the infringement of and/or actively

inducing the infringement of the ' 439 patent by others by, among other things, distributing or offering for sale unified communication systems and documentation that teaches third parties to operate said unified communication systems in a manner that directly infringes the ' 439 patent. 14. 15. ABS is aware of the `439 patent and thus, its infringement is willful. ABS' s past and continued acts of infringement have injured Microsoft and thus

Microsoft is entitled to recover damages adequate to compensate for that infringement. 16. ABS' s acts of infringement have caused and will continue to cause irreparable

injury to Microsoft unless and until enjoined by this Court. COUNT II: ABS'S INFRINGEMENT OF U.S. PATENT NO. 6,430,289 17. 18. Microsoft incorporates paragraphs 1-16 as if fully set forth herein. ABS has been and is now making, using, selling, offering for sale within the

United States, or importing into the United States, unified communication systems that infringe the ' 289 patent. 19. ABS has been and is now contributing to the infringement of and/or actively

inducing the infringement of the ' 289 patent by others by, among other things, distributing or offering for sale unified communication systems and documentation that teaches third parties to operate said unified communication systems in a manner that directly infringes the ' 289 patent. 20. ABS is aware of the `289 patent and thus, its infringement is willful.

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21.

ABS' s past and continued acts of infringement have injured Microsoft and thus

Microsoft is entitled to recover damages adequate to compensate for that infringement. 22. ABS' s acts of infringement have caused and will continue to cause irreparable

injury to Microsoft unless and until enjoined by this Court. COUNT III: ABS'S INFRINGEMENT OF U.S. PATENT NO. 6,263,064 23. 24. Microsoft incorporates paragraphs 1-22 as if fully set forth herein. ABS has been and is now making, using, selling, offering for sale within the

United States, or importing into the United States, unified communication systems that infringe the ' 064 patent. 25. ABS has been and is now contributing to the infringement of and/or actively

inducing the infringement of the ' 064 patent by others by, among other things, distributing or offering for sale unified communication systems and documentation that teaches third parties to operate said unified communication systems in a manner that directly infringes the ' 064 patent. 26. 27. ABS is aware of the `064 patent and thus, its infringement is willful. ABS' s past and continued acts of infringement have injured Microsoft and thus

Microsoft is entitled to recover damages adequate to compensate for that infringement. 28. ABS' s acts of infringement have caused and will continue to cause irreparable

injury to Microsoft unless and until enjoined by this Court. COUNT IV: ABS'S INFRINGEMENT OF U.S. PATENT NO. 6,728,357 29. 30. Microsoft incorporates paragraphs 1-28 as if fully set forth herein. ABS has been and are now making, using, selling, offering for sale within the

United States, or importing into the United States, unified communication systems that infringe the ' 357 patent.

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31.

ABS has been and is now contributing to the infringement of and/or actively

inducing the infringement of the ' 357 patent by others by, among other things, distributing or offering for sale unified communication systems and documentation that teaches third parties to operate said unified communication systems in a manner that directly infringes the ' 357 patent. 32. 33. ABS is aware of the `357 patent and thus, its infringement is willful. ABS' s past and continued acts of infringement have injured Microsoft and thus

Microsoft is entitled to recover damages adequate to compensate for that infringement. 34. ABS' s acts of infringement have caused and will continue to cause irreparable

injury to Microsoft unless and until enjoined by this Court. COUNT V: GENESYS'S INFRINGEMENT OF U.S. PATENT NO. 6,421,439 35. 36. Microsoft incorporates paragraphs 1-34 as if fully set forth herein. Genesys has been and is now making, using, selling or offering for sale within the

United States communication products that infringe the ' 439 patent. 37. Genesys has been and is now contributing to the infringement of and/or actively

inducing the infringement of the ' 439 patent by others by, among other things, distributing or offering for sale communication products and documentation that teaches third parties to operate said communication products in a manner that directly infringes the ' 439 patent. 38. 39. Genesys is aware of the `439 patent and thus, its infringement is willful. Genesys' s past and continued acts of infringement have injured Microsoft and

thus Microsoft is entitled to recover damages adequate to compensate for that infringement. 40. Genesys' s acts of infringement have caused and will continue to cause irreparable

injury to Microsoft unless and until enjoined by this Court.

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COUNT VI: GENESYS'S INFRINGEMENT OF U.S. PATENT NO. 6,430,289 41. 42. Microsoft incorporates paragraphs 1-40 as if fully set forth herein. Genesys has been and is now making, using, selling, or offering for sale within

the United States communication products that infringe the ' 289 patent. 43. Genesys has been and is now contributing to the infringement of and/or actively

inducing the infringement of the ' 289 patent by others by, among other things, distributing or offering for sale communication products and documentation that teaches third parties to operate said communication products in a manner that directly infringes the ' 289 patent. 44. 45. Genesys is aware of the `289 patent and thus, its infringement is willful. Genesys' s past and continued acts of infringement have injured Microsoft and

thus Microsoft is entitled to recover damages adequate to compensate for that infringement. 46. Genesys' s acts of infringement have caused and will continue to cause irreparable

injury to Microsoft unless and until enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, Plaintiff Microsoft Corporation prays that this Court enter judgment: a) declaring that Defendants have infringed United States Patent Nos. 6,421,439, 6,430,289, 6,263,064, and/or 6,728,357; b) declaring that Defendants' infringement of United States Patent Nos. 6,421,439, 6,430,289, 6,263,064, and/or 6,728,357 is willful; c) preliminarily and permanently enjoining Defendants and their officers, agents, employees, representatives, successors and assigns, and any others acting in concert with them, from infringing United States Patent Nos. 6,421,439, 6,430,289, 6,263,064, and/or 6,728,357; 7

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d) awarding plaintiff Microsoft damages resulting from Defendants' infringement adequate to compensate for that infringement; e) awarding plaintiff Microsoft enhanced damages under 35 U.S.C. § 284 resulting from Defendants' willful infringement; f) declaring this to be an exceptional case within the meaning of 35 U.S.C. § 285; g) awarding plaintiff Microsoft its costs in this action, together with reasonable attorney' s fees and pre-judgment and post-judgment interest; and h) granting plaintiff Microsoft such other relief as this court deems just and proper.

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Microsoft respectfully demands a trial by jury. FISH & RICHARDSON P.C. Dated: May 30, 2007 By: /s/ Thomas L. Halkowski Thomas L. Halkowski (#4099) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Tel: (302) 652-5070 Fax: (302) 652-0607 [email protected] Of counsel: Ruffin B. Cordell Linda Liu Kordziel Joseph V. Colaianni, Jr. Ahmed J. Davis Rama G. Elluru William E. Sekyi Fish & Richardson P.C. 1425 K Street, N.W., 11th Floor Washington, DC 20005 Tel: (202) 783-5070 Fax: (202) 783-2331 John E. Gartman Fish & Richardson P.C. 12390 El Camino Real San Diego, CA 92130 Tel: (858) 678-5070 Fax: (858) 678-5099 Attorneys for Plaintiff Microsoft Corporation

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 30, 2007, I electronically filed the attached FIRST AMENDED COMPLAINT with the Clerk of Court, using CM/ECF which will send notification of such filing to the following Delaware counsel. In addition, the filing will also be served via hand delivery. Jack B. Blumenfeld Morris, Nichols, Arsht & Tunnell LLP 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 Attorneys for Defendant Alcatel-Lucent

/s/ Thomas L. Halkowski Thomas L. Halkowski (#4099)

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Exhibit A

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