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Amazon.Com, Inc. v. Straight Path IP Group Inc

Docket 3:14-cv-04561, California Northern District Court (Oct. 13, 2014)
Hon. Edward J. Davila, presiding, Magistrate Judge Nathanael M. Cousins
Patent

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No. 44 REDACTED ORDER 14 Denying Motion to Dismiss; Granting 14 Motion to Transfer Venue

Document Amazon.Com, Inc. v. Straight Path IP Group Inc, 3:14-cv-04561, No. 44 (N.D.Cal. May. 28, 2015)
Presently before the Court is Defendant Straight Path IP Group, Inc.’s (“Straight Path” or “Defendant”) Motion to Dismiss for lack of subject matter jurisdiction over Plaintiff Amazon.com, Inc.’s (“Amazon” or “Plaintiff”) Complaint for Declaratory Judgment pursuant to Federal Rule of Civil Procedure 12(b)(1).
Straight Path has filed numerous suits, in various jurisdictions, against consumer electronic companies based on their sale of Internet-enabled devices (e.g., SmartTVs, Blu-ray players, tablets, or smartphones) with preinstalled video-streaming applications.
The parties to the Eastern District of Virginia actions agreed that a stay pending resolution of the inter partes reviews and Straight Path’s appeal would likely narrow the issues and conserve judicial resources.
Likewise, with respect to contributory infringement, the DataTern court found that the claim charts did not impliedly assert that Microsoft’s product was not a staple article or commodity of commerce suitable for substantial non-infringing use.
Amazon argues that this targeting of LGE and VIZIO by Straight Path in their infringement suits is similar to those found to support subject matter jurisdiction in DataTern.
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No. 1 COMPLAINT for Declaratory Judgment against Straight Path IP Group Inc ( Filing fee $ 400, receipt ...

Document Amazon.Com, Inc. v. Straight Path IP Group Inc, 3:14-cv-04561, No. 1 (N.D.Cal. Oct. 13, 2014)
Complaint
Plaintiff Amazon is a corporation organized and existing under the laws of the state of Delaware, with a principal place of business at 410 Terry Avenue North, Seattle, Washington 98109-5210.
On information and belief, Straight Path is a Delaware corporation with its principal place of business at 5300 Hickory Park Drive, Suite 218, Glen Allen, Virginia 23059.
Straight Path purports to be the owner of U.S. Patent No. 6,009,469 (the “’469 pa- tent”), entitled “Graphical User Interface for Internet Telephony Application,” a copy of which is attached as Exhibit A. 9.
On information and belief, Straight Path asserts that LGE directly and/or indirectly infringes one or more claims of the ’469, ’704, and ’121 patents by making, using, selling, offer- ing for sale, or importing devices that include the Amazon Instant Video software application.
An injunction against Straight Path, and all persons acting on its behalf or in concert with it, restraining them from further prosecuting or instituting any action alleging that any Ama- zon method, product, or technology, or others’ use thereof, infringes any claim of any of the pa- tents-in-suit; C. A declaration that this case is exceptional and that Amazon is entitled to an award of reasonable attorneys’ fees pursuant to 35 U.S.C. § 285; and D. Any such other and further relief as the Court may deem just and fair.
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No. 45

Document Amazon.Com, Inc. v. Straight Path IP Group Inc, 3:14-cv-04561, No. 45 (N.D.Cal. May. 29, 2015)

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