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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Personalweb Technologies

Tham khảo sách 'in the united states district court for the eastern district of texas tyler division personalweb technologies', kinh doanh - tiếp thị, quản trị kinh doanh phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Personalweb Technologies LLC and Level 3 Communications LLC. Plaintiffs v. Civil Action No. 6 12-cv-659 Rackspace US Inc. and Rackspace Hosting JURY TRIAL REQUESTED Inc. Defendants. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff PersonalWeb Technologies LLC PersonalWeb files this Complaint for Patent Infringement against Rackspace US Inc. and Rackspace Hosting Inc. collectively Rackspace or Defendant . Plaintiff PersonalWeb Technologies LLC alleges PRELIMINARY STATEMENT 1. PersonalWeb and Level 3 Communications LLC Level 3 are parties to an agreement between Kinetech Inc. and Digital Island Inc. dated September 1 2000 the Agreement . Pursuant to the Agreement PersonalWeb and Level 3 each own a fifty percent 50 undivided interest in and to the patents at issue in this action U.S. Patent Nos. 5 978 791 6 415 280 6 928 442 7 802 310 7 945 539 7 945 544 7 949 662 8 001 096 and 8 099 420 Patents-in-Suit . Level 3 has joined in this Complaint pursuant to its contractual obligations under the Agreement at the request of PersonalWeb. 2. Pursuant to the Agreement Level 3 has among other rights certain defined rights to use practice license sublicense and enforce and or litigate the Patents-in-Suit in connection McKool 725107v1 with a particular field of use Level 3 Exclusive Field . Pursuant to the Agreement PersonalWeb has among other rights certain defined rights to use practice license sublicense enforce and or litigate the Patents-in-Suit in fields other than the Level 3 Exclusive Field the PersonalWeb Patent Field . 3. All infringement allegations statements describing PersonalWeb statements describing any Defendant or any Defendant products and any statements made regarding jurisdiction and venue are made by PersonalWeb alone and not by Level 3. PersonalWeb alleges that the infringements at issue in this case all occur within and are limited to the PersonalWeb Patent Field. Accordingly .