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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CRS, LLC, a Washington Limited Liability Company, Plaintiff, v. JURY DEMAND BITTORRENT, INC., a California Corporation, Defendant.
CASE NO.: COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff CRS, LLC ("Plaintiff"), hereby alleges as follows: I. 1. JURISDICTION AND VENUE
This is an action for patent infringement arising under the patent laws of the
United States, specifically 35 U.S.C. §§ 271 and 281. 2. 3. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1332, and 1338(a). Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400(b). II. 4. THE PARTIES
Plaintiff is a Washington limited liability company with its principal place of
business in Seattle, Washington. 5. Plaintiff alleges that defendant Bittorrent, Inc. ("Bittorrent") is a California
corporation with its principal place of business in San Francisco, CA. 6. Plaintiff is the owner by assignment of United States Patent No. 6,073,124
("`124 Patent"), which the United States Patent Office issued on June 6, 2000. This patent describes and claims the invention of Gnapathy Krishnan, John Guthrie and Scott Oyler entitled Method and System for Securely Incorporating Electronic Information into an Online Purchasing
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Application. Plaintiff is the owner by assignment of the `124 Patent. A true and correct copy of the `124 Patent is attached hereto as Exhibit A. III. 7. 8. PATENT INFRINGEMENT
Plaintiff repeats the allegations of paragraphs 1 through 6. Defendant maintains websites, including a website called Bittorrent
(www.bittorrent.com) that is accessible over the internet. Defendant uses Bittorrent and other websites and computer systems for conducting electronic commerce over the internet. Defendant has been infringing and continues to infringe the `124 Patent under 35 U.S.C. §271(a) by using without authorization a method of online purchasing movies, television shows, electronic games or other products through its Bittorrent website and other websites, and by using computer systems for conducting electronic commerce which embody one or more claims of the `124 Patent. Defendant has induced customers and others to infringe under 35 U.S.C. §271(b) by inducing them to use methods and computer systems to conduct electronic commerce that embody one or more claims of the `124 Patent. Plaintiff alleges, on information and belief, that Defendant will continue to use such infringing methods unless restrained by this Court. 9. Even if Defendant's methods do not literally infringe the `124 Patent, they are
substantially similar to the inventions claimed in the `124 Patent such that, under the doctrine of equivalents, they infringe. 10. Defendant's acts of infringement have occurred in this district. Defendant has
offered for sale and has sold movies, television shows, electronic games or other products through infringing methods to customers in this district. Defendant has also offered for sale and
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sold movies, television shows, electronic games and other products through infringing computer systems which are in part located in this district. 11. Defendant has derived and will continue to derive and receive from the above-
alleged acts of infringement, profits and revenues in an amount that is not presently known to Plaintiff. Further, with respect to the `124 Patent, such acts of infringement were made with knowledge of one or more of the patents and were thus committed intentionally and willfully. By reason of the above acts of infringement, Plaintiff has been and will continue to be damaged in an amount to be determined at trial. 12. This is an exceptional case under 35 U.S.C. § 284. IV. DEMAND FOR RELIEF
WHEREFORE Plaintiff prays for relief as follows: A. B. That Defendant be adjudged to have infringed the `124 Patent; That Defendant and its officers, agents, servants, employees, attorneys and all
other persons acting in concert, participation or privity with it who receive actual notice of the order by a personal service or otherwise and Defendant's successors and assigns be permanently restrained and enjoined from directly or indirectly infringing the `124 Patent; C. For an accounting and award of damages by reason of Defendant's infringement
of the `124 Patent; D. For an award of prejudgment and postjudgment interest, exemplary damages and
costs against Defendant in accordance with 35 U.S.C. § 284; E. interest; For an award of damages, punitive damages, attorney's fees and prejudgment
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F.
That Plaintiff be awarded such other further relief as this Court may deem just,
equitable and proper. V. JURY DEMAND
Plaintiff demands a trial by jury of all issues which may be tried to a jury.
DATED this 30th day of July, 2008.
/s/ Michael Busenkell Michael Busenkell, Bar No. 3933 James M. Lennon, Bar No. 4570 A. Martina Tyreus, Bar No. 4771 WOMBLE CARLYLE SANDRIDGE & RICE, PLLC 222 Delaware Avenue, Suite 1501 Wilmington, DE 19801 Tel. 302.252.4320 AND Robert Rohde, WSBA No. 12809 ROHDE & VAN KAMPEN PLLC 1001 Fourth Avenue, Suite 4050 Seattle, Washington 98154-1000
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EXHIBIT A
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