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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF VIRGINIA
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`FILED
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`INNOVATIVE COMMUNICATIONS
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`TECHNOLOGIES, INC.,
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`)
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`)
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`c,
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`Plaintiff,
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`)
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`Case No.
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`vs.
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`)
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`VIVOX, INC.,
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`) JURY TRIAL DEMANDED
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`Defendant.
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`)
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Innovative Communications Technologies, Inc. ("ICTI") for its Complaint
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`against Defendant Vivox, Inc. ("Vivox" or "Defendant") alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff ICTI is a Delaware corporation, with its principal place of business at
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`1655 Fort Mycr Drive, #700. Arlington, VA 22209.
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`2.
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`Defendant Vivox is a Delaware corporation with a principal place of business at
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`2-4 Mercer Road. Natick, MA 01760.
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`3.
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`On information and belief. Defendant Vivox designs, develops, manufactures,
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`and/or sells voice over internet protocol ("VoIP") products and/or services in the United States
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`including Vivox's VoiceEverywhere Game Connect. For example, on information and belief.
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`Vivox offers to sell and sells its VoIP products and/or services to game publishers to incorporate
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`into online games.
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`JURISDICTION AND VENUE
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`4.
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`This is an action for patent infringement that arises under the patent laws of the
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`United States, Title 35 U.S.C. §1 el seq. and seeks damages and injunctive relief as provided in
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`Case 2:12-cv-00007-RGD-LRL Document 1 Filed 01/04/12 Page 2 of 7 PageID# 2
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`35 U.S.C. § 281, §§ 283-285. This Court has subject matter jurisdiction under 28 U.S.C. § 1331
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`and§ 1338(a).
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`5.
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`Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b).
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`6.
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`This Court has personal jurisdiction over Defendant because Defendant has done
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`and is doing substantial business in this District, both generally and with respect to the
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`allegations in this Complaint, and Defendant has committed one or more acts of infringement in
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`this District.
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`THE ASSERTED PATENTS
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`7.
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`ICTI is the assignee of United States Patent Nos. 6,108,704; 6,513,066;
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`6,701,365; 6,131,121; and 6,009,469 (collectively, the "Asserted Patents").
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`8.
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`The Asserted Patents were previously litigated in Nel2Phone, Inc. v. eliay, Inc., et
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`ai, Civil Action No. 06-2469 (D.N.J.) ("Prior Litigation").
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`9.
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`In 2009, Skype, Inc. ("Skype"). one of the defendants in the Prior Litigation,
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`requested that certain claims of the Asserted Patents be reexamined by the United States Patent
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`and Trademark Office.
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`10.
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`During reexamination, the Hxamincr considered over one thousand cited
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`references.
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`11.
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`During reexamination, the Examiner also considered Skypc's submissions,
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`including its brief in support of its request for ex pctrle reexamination. a supporting declaration,
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`claim charts, its comments on Net2Phone's validity expert's opinions, and the parties* claim
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`construction briefing from the prior litigation.
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`Case 2:12-cv-00007-RGD-LRL Document 1 Filed 01/04/12 Page 3 of 7 PageID# 3
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`12.
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`The Examiner confirmed the validity of numerous claims of the Asserted Patents,
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`many without any amendments, over all of the cited references and over all of Skype's
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`submissions.
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`INFRINGEMENT OF U.S. PATENT NO. 6,108,704
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`COUNT I
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`13.
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`ICTI incorporates paragraphs 1 through 12 as if fully set forth herein.
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`14.
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`On August 22, 2000, United States Patent No. 6,108,704 ("the '704 Patent"),
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`entitled "POINT-TO-POINT INTERNET PROTOCOL" (Exhibit A), duly and legally issued.
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`ICTI owns all rights, title, and interest in and to the '704 Patent, including the right to sue for
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`past infringement.
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`15.
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`On October 26, 2010, an Ex Parte Reexamination Certificate (Exhibit B) duly and
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`legally issued for the '704 Patent.
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`16.
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`The claims of the '704 Patent are valid and enforceable.
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`17.
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`Defendant Vivox has infringed and is infringing the '704 Patent, by at least
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`selling, offering to sell, and using VoIP products and/or services, such as VoiceEverywhere
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`Game Connect, that infringe one or more claims of the '704 Patent. Defendant Vivox has done
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`so without authority and therefore has infringed the "704 Patent as set forth in 35 U.S.C. § 271.
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`INFRINGEMENT OF U.S. PATENT NO. 6,513,066
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`COUNT II
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`18.
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`ICTI incorporates paragraphs 1 through 12 as if fully set forth herein.
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`19.
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`On January 28, 2003, United States Patent No. 6.513.066 ("the '066 Patent"),
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`entitled "ESTABLISHING A POINT-TO-POINT INTERNET COMMUNICATION" (Exhibit
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`C), duly and legally issued. ICTI owns all rights, title, and interest in and to the '066 Patent,
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`including the right to sue for past infringement.
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`Case 2:12-cv-00007-RGD-LRL Document 1 Filed 01/04/12 Page 4 of 7 PageID# 4
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`20.
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`On November 23, 2010, an Ex Parte Reexamination Certificate (Exhibit D) duly
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`and legally issued for the '066 Patent.
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`21.
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`The claims of the '066 Patent are valid and enforceable.
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`22.
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`Defendant Vivox has infringed and is infringing the '066 Patent, by at least
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`selling, offering to sell, and using VoIP products and/or services, such as VoiceEverywhere
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`Game Connect, that infringe one or more claims of the '066 Patent. Defendant Vivox has done
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`so without authority and therefore has infringed the '066 Patent as set forth in 35 U.S.C. § 271.
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`INFRINGEMENT OF U.S. PATENT NO. 6,701,365
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`COUNT III
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`23.
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`ICTI incorporates paragraphs 1 through 12 as if fully set forth herein.
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`24.
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`On March 2, 2004, United States Patent No. 6.701,365 ("the '365 Patent"),
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`entitled "POINT-TO-POINT INTERNET PROTOCOL" (Exhibit E), duly and legally issued.
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`ICTI owns all rights, title, and interest in and to the '365 Patent, including the right to sue for
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`past infringement.
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`25.
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`On August 3, 2010, an Ex Parte Reexamination Certificate (Exhibit F) duly and
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`legally issued for the '365 Patent.
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`26.
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`The claims of the '365 Patent are valid and enforceable.
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`27.
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`Defendant Vivox has infringed and is infringing the "365 Patent, by at least
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`selling, offering to sell, and using VoIP products and/or services, such as VoiceEverywhere
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`Game Connect, that infringe one or more claims of the '365 Patent. Defendant Vivox has done
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`so without authority and therefore has infringed the '365 Patent as set forth in 35 U.S.C. § 271.
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`INFRINGEMENT OF U.S. PATENT NO. 6,131,121
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`COUNT IV
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`28.
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`ICTI incorporates paragraphs 1 through 12 as if fully set forth herein.
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`Case 2:12-cv-00007-RGD-LRL Document 1 Filed 01/04/12 Page 5 of 7 PageID# 5
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`29.
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`On October 10, 2000, United States Patent No. 6,131,121 ("the '121 Patent"),
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`entitled "POINT-TO-POINT COMPUTER NETWORK COMMUNICATION UTILITY
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`UTILIZING DYNAMICALLY ASSIGNED NETWORK PROTOCOL ADDRESSES" (Exhibit
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`G), duly and legally issued. ICTI owns all rights, title, and interest in and to the '121 Patent,
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`including the right to sue for past infringement.
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`30.
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`On December 14, 2010, an Ex Parte Reexamination Certificate (Exhibit H) duly
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`and legally issued for the '121 Patent.
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`31.
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`The claims of the ' 121 Patent are valid and enforceable.
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`32.
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`Defendant Vivox has infringed and is infringing the '121 Patent, by at least
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`selling, offering to sell, and using VoIP products and/or services, such as VoiceEverywhere
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`Game Connect, that infringe one or more claims of the '121 Patent. Defendant Vivox has done
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`so without authority and therefore has infringed the ' 121 Patent as set forth in 35 U.S.C. § 271.
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`INFRINGEMENT OF U.S. PATENT NO. 6,009,469
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`COUNT V
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`33.
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`ICTI incorporates paragraphs 1 through 12 as if fully set forth herein.
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`34.
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`On December 28, 1999, United States Patent No. 6,009,469 ("the *469 Patent"),
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`entitled "GRAPHIC USER INTERFACE FOR INTERNET TELEPHONY APPLICATION"
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`(Exhibit 1), duly and legally issued. ICTI owns all rights, title, and interest in and to the '469
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`Patent, including the right to sue for past infringement.
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`35.
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`On May 10, 2011, an Ex Parte Reexamination Certificate (Exhibit J) duly and
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`legally issued for the '469 Patent.
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`36.
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`The claims of the '469 Patent are valid and enforceable.
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`37.
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`Defendant Vivox has infringed and is infringing the '469 Patent, by at least
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`selling, offering to sell, and using VoIP products and/or services, such as VoiceEverywhere
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`Case 2:12-cv-00007-RGD-LRL Document 1 Filed 01/04/12 Page 6 of 7 PageID# 6
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`Game Connect, that infringe one or more claims of the '469 Patent. Defendant Vivox has done
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`so without authority and therefore has infringed the '469 Patent as set forth in 35 U.S.C. § 271.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays that this Court:
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`(A)
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`Enter a judgment in favor of ICTI that Defendant Vivox has infringed the '704
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`Patent, the '066 Patent, the '365 Patent, the '121 Patent, and the '469 Patent;
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`(B)
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`Enter an injunction prohibiting Vivox from making, using, selling, or offering for
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`sale infringing products and/or services in the United States;
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`(C)
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`Award ICTI damages in an amount sufficient to compensate ICTI for Vivox's
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`infringement of the Asserted Patents, but no less than a reasonable royalty, together with interest
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`(both pre-and post-judgment), costs, and disbursements as fixed by this Court under 35 U.S.C.
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`§284;
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`(D)
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`Declare this case exceptional under 35 U.S.C. § 285 and award ICTI its
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`reasonable attorneys' fees, expenses and costs incurred in this action; and
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`(E)
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`Grant ICTI such other and further relief as this Court may deem just and proper.
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`Case 2:12-cv-00007-RGD-LRL Document 1 Filed 01/04/12 Page 7 of 7 PageID# 7
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`DEMAND FOR JURY TRIAL
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`Pursuant to Fed. R. Civ. P. 38, ICTI respectfully demands a trial by jury on all issues
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`properly triable by a jury in this action.
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`Dated: January 4, 2012
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`D. Sean TraindT(43260)
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`KIRKLAND & ELLIS LLP
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`655 Fifteenth Street, N.W.
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`Washington, D.C. 20005-5793
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`(202) 879-5000
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`(202) 879-5200
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`dtrainor@ki rkl and .com
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`Co wise I for Plaintiff Innovative
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`Communications Technologies, Inc.
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`Of Counsel:
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`David K. Callahan, P.C.
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`Jessica C. Kaiser
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`Archit P. Shah
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`Kirkland & Ellis LLP
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`300 North LaSalle
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`Chicago, IL 60654
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`Phone: (312)862-2000
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`Facsimile: (312)862-2200
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`david.callahan@kirkland.com
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`jessica.kaiser@kirkland.com
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`archit.shah@kirkland.com