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Tech Law Journal |
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| News, records, and analysis of legislation, litigation, and regulation affecting the computer, internet, communications and information technology sectors | |
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UNITED STATES DISTRICT COURT
COMPLAINT AND JURY DEMAND 1. Plaintiff Open Market, Inc. (“Open Market”) is a Delaware corporation with a principal place of business at One Wayside Rd., Burlington, MA 01803. 2. Defendant Intershop Communications, Inc. (“Intershop”) is a Delaware corporation with a principal place of business at 303 2nd St., 10th Floor North, San Francisco, CA 94107. 3. This action arises under the patent laws of the United States, Title 35 of the United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1338(a). 4. Venue is proper in this district under 28 U.S.C. § 1400(b) and §1331(b) because Intershop is a Delaware Corporation and therefore resides and is subject to personal jurisdiction in Delaware. [begin page 2] 5. Open Market is the owner by assignment of U.S. Patent No. 5,708,780 (“the ‘780 patent”), entitled “Internet Server Access Control and Monitoring Systems,” a true copy of which is attached hereto as Exhibit A, which duly issued on January 13, 1998. 6. Open Market is the owner by assignment of U.S. Patent No. 5,715,314 (“the ‘314 patent”), entitled “Network Sales System,” a true copy of which is attached hereto as Exhibit B, which duly issued on February 3, 1998. 7. Open Market is the owner by assignment of U.S. Patent No. 5,909,492 (“the ‘492 patent”), entitled “Network Sales System,” a true copy of which is attached hereto as Exhibit C, which duly issued on June 1, 1999. 8. Intershop is infringing and has infringed, and contributed to and induced infringement of, one or more claims of the ‘780 patent, the ‘314 patent, and the ‘492 patent by, without limitation, making, using and selling "e-commerce" software products to businesses. 9. Intershop’s infringement has been and continues to be willful and deliberate. 10. As a result of Intershop’s infringement, Open Market will suffer severe and irreparable harm, unless that infringement is enjoined by this Court, and has suffered substantial damages. WHEREFORE, Open Market requests that this Court: 1. Permanently enjoin Intershop, its officers, directors, employees, agents, licensees, successors, and assigns, and all persons in concert with them, from further infringement of the ‘780 patent, the ‘314 patent, and the ‘482 patent; [begin page 3] 2. Award Open Market compensatory damages; 3. Treble the damages assessed; 4. Award Open Market its costs and reasonable attorney’s fees; and 5. Award Open Market such other relief as the Court deems just and proper. PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE
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