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Message: Original Complaint filed by Asusek,-sorry for formating

Original Complaint filed by Asusek,-sorry for formating

posted on Dec 21, 2008 10:55AM

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WILLIAM SLOAN COATS (SBN 98464)

MARK R. WEINSTEIN (SBN 193043)

SAM O'ROURKE (SBN 205233)

KYLE D. CHEN (SBN 239501) ..lft

WHITE & CASE LLP C.f \\\W&

3000 El Camino Real

Five Palo Alto Square, 9th Floor

Palo Alto, California 94306

Telephone: (650) 213-0300

Facsimile: (650)213-8158

Attorneys for Plaintiff ASUSTEK COMPUTER, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JUDGMENT

ASUSTEK COMPUTER, INC., Plaintiff,

V.

TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION and ALLIACENSE LIMITED,

Defendants.



PA1X1AJ-TO 86J25 v! (2K)


COMPLAINT FOR DECLARATORY JUDGMENT

------------------------------------...

1 Plaintiff ASUSTeK Computer, Inc. ("ASUSTeK" or "Plaintiff'), by and through

2 its attorneys, alleges as follows:

3 1. This is a civil action arising under the Patent Laws of the United States, 35

4 U.S.C. §§101, et seq., seeking a declaratory judgment that no valid and enforceable claim of

5 United States Patent Numbers 5,809,336 ('336 patent); 5,784,584 ('584 patent); 5,440,749 ('749

6 patent); 6,438,638 ('638 patent); and 6,976,623 ('623 patent) (collectively the "patents-in-suit")

7 are infringed by Plaintiff.

8 PARTIES

9 2. Plaintiff ASUSTeK is a Taiwan corporation with its principal place of

10 business in Taipei, Taiwan, R.O.C.

11 3. Defendant Technology Properties Ltd. ("TPL") is, on information and

12 belief, a California corporation with its principal place of business in Cupertino, California. On

13 information and belief, TPL is a co-owner of the patents-in-suit.

14 4. Defendant Patriot Scientific Corporation ("Patriot") is, on information and

15 belief, incorporated under the laws of the State of Delaware and maintains its principal place of

16 business in Carlsbad, California. On information and belief, Patriot is a co-owner of the patents-

17 in-suit.

18 5. Defendant Alliacense Ltd. ("Alliacense") is, on information and belief, a

19 California corporation with its principal place of business in CuperdhofCalifornia. On

20 information and belief, Alliacense is responsible for negotiating possible licenses to the patents-

21 in-suit with third parties, on behalf of TPL.

22 JURISDICTION AND VENUE

23 6. The Plaintiff files this complaint against TPL, Patriot and Alliacense

24 (collectively "Defendants") pursuant to the patent laws of the United States, Title 35 of the

25 United States Code, with a specific remedy sought based upon the laws authorizing actions for

26 declaratory judgment in the federal courts of the United States, 28 U.S.C. §§ 2201 and 2202.

27 7. This Court has subject matter jurisdiction over this action, which arises

28 under the patent laws of the United States, pursuant to 28 U.S.C. §§ B31, 1338(a), and 2201.

FIRST AMENDED COMPLAINT FOR DECLARATORY JUDGMENT

PAU>ALTo,«25v,<2K) -1- CASENO. C-05-04838 MHP

------------------------------------...

1 paragraphs 1 through 14 and incorporates them by reference.

2 16. No valid and enforceable claim of the '336 patent is infringed by the

3 Plaintiff.

4 SECOND CLAIM

5 DECLARATORY JUDGMENT REGARDING THE '584 PATENT

6 17. The Plaintiff hereby restates and realleges the allegations set forth in

7 paragraphs 1 through 14 and incorporates them by reference.

8 18. No valid and enforceable claim of the '584 patent is infringed by the

9 Plaintiff.

10 THIRD CLAIM

11 DECLARATORY JUDGMENT REGARDING THE '749 PATENT

12 19. The Plaintiff hereby restates and realleges the allegations set forth in

13 paragraphs 1 through 14 and incorporates them by reference.

14 20. No valid and enforceable claim of the'749 patent is infringed by the

15 Plaintiff.

16 FOURTH CLAIM

17 DECLARATORY JUDGMENT REGARDING THE '638 PATENT

18 21. The Plaintiff hereby restates and realleges the allegations set forth in

19 paragraphs 1 through 14 and incorporates them by reference.

20 22. No valid and enforceable claim of the '638 patent is infringed by the

21 Plaintiff.

22 FIFTH CLAIM

23 DECLARATORY JUDGMENT REGARDING THE '623 PATENT

24 23. The Plaintiff hereby restates and realleges the allegations set forth in

25 paragraphs 1 through 14 and incorporates them by reference.

26 24. No valid and enforceable claim of the '623 patent is infringed by the

27 Plaintiff.
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PALOALTO16325 vl (2K) - 3 -


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COMPLAINT FOR DECLARATORY JUDGMENT

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