Original Complaint for Patent Infringement.
Case: Tulip v. Dell, U.S. District Court, D. Del., No. 00-981.
Date filed: November 24, 2000.

Editor's Notes:
 • This document was transcribed from a fax copy which was kindly provided by Dirk Thomas of the law firm of Robins, Kaplan, Miller and Ciresi.
 • The original also bears the file stamp of the Clerk of the Court, which records that it was filed on November 24, 2000.
 • Tech Law Journal added hyperlinks.
 • The sole exhibit attached to the complaint (United States Letters Patent No. 5,594,621) is not reproduced here.
 • Copyright Tech Law Journal. All rights reserved.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

PLAINTIFF'S COMPLAINT FOR PATENT
INFRINGEMENT AND DEMAND FOR JURY TRIAL

Nature of Action

1.  This is an action for patent infringement under the Patent Laws of the United States, Title 35, United States Code, §§ 101 et seq.

Parties

2.  Plaintiff Tulip Computers International B.V. ("Tulip") is a Dutch corporation having its principal place of business at Burg. Burerslaan 40, Rosmalen, The Netherlands.

3.  On information and belief, defendant Dell Computer Corporation ("Dell") is a corporation of the State of Delaware having its principal place of business at One Dell Way, Round Rock, Texas, 78682.

4.  Defendant Dell is in the business of making and selling personal computer products.

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Jurisdiction

5.  On information and belief, Dell is incorporated in, has transacted and continues to transact business in, has contracted and continues to contract to supply personal computer products in, and regularly has solicited and regularly continues to solicit business in this judicial district.

6.  This Court has jurisdiction under 28 U.S.C. §§ 1331, 1332 and 1338(a).

7.  Venue is proper under 28 U.S.C. §§ 1391(b) and 1400(b).

Infringement of U.S. Letters Patent No. 4,594,621

8.  On January 14, 1997, United States Letters Patent No. 5,594,621 ("the '621 patent") (attached as Exhibit 1 hereto pursuant to D.Del.L.R. 3.2), entitled "Motherboard for a computer of the AT type, and a computer of the AT type comprising such motherboard," was duly and legally issued. Plaintiff has been and still is the owner of hte '621 patent.

9.  Upon information and belief, defendant Dell has been and is infringing one or more claims of the '621 patent by making, offering to sell, and selling personal computers embodying the patented invention, and will continue to do so unless enjoined by this Court.

10.  Upon information and belief, defendant Dell's infringing activities have resulted in sales in excess of $17 billion worth of infringing products, in connection with which Tulip is entitled to recover damages in an amount not less than a reasonable royalty.

11.  Upon information and belief, the foregoing infringement by Dell has been willfully and deliberate and will continue unless enjoined by this Court.

12.  Dell's infringement of the '621 patent has caused irreparable injury to Tulip and, unless the acts complained of are enjoined by the Court, they will continue to occur and will continue to cause irreparable injury to Tulip for which there is no adequate remedy at law.

13.  Tulip respectfully requests a jury trial as to all issues in this action that are so triable.

PRAYER FOR RELIEF

WHEREFORE, Tulip prays for the entry of judgment in favor of Tulip and against Dell, and respectfully requests that Tulip be granted the following relief:

A. entry of a permanent injunction enjoining Dell, its officers, agents, servants, and employees, and those persons acting in active concert or participation with any of them, from infringing, either directly, by inducement, or by contribution, the '621 patent pursuant to 35 U.S.C. § 283;

B. an award of damages sufficient to compensate Tulip for Dell's infringement of the '621 patent, in an amount not less than a reasonable royalty, pursuant to 35 U.S.C. § 284;

C. an award of increased damages of three times the amount of the damages found by the jury or assessed by this Court, for Dell's willful infringement, pursuant to 35 U.S.C. § 284;

D. an award of increased damages of three times the amount of the damages found by the jury or assessed by this Court, for Dell's willful infringement, pursuant to 35 U.S.C. § 284;

E. an award of reasonable attorneys' fees, pursuant to 35 U.S.C. § 285, and Tulip's costs of suit, pursuant to 35 U.S.C. 284;

F. an accounting for damages;

G. an award of costs; and

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H. such further relief as this Court deems appropriate.

OF COUNSEL:

Dirk D. Thomas
Robert A. Auchter
Robins, Kaplan, Miller & Ciresi, L.L.P.
1801 K Street, N.W.
Washington, D.C. 20006
(202) 775-0725

Dated: November 24, 2000