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    Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01656-UNA: . Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7dY for more info.

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    Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01656-UNA: . Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7dY for more info.

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    Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01656-UNA: . Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7dY for more info.

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    92 views4 pages

    Uploaded by

    PriorSmart
    Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01656-UNA: . Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l7dY for more info.

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    of 4

    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PRAGMATUS TELECOM, LLC, Civil Action No.

    _____________ Plaintiff, v. MEDIACOM COMMUNICATIONS CORPORATION, Defendant. JURY TRIAL DEMANDED

    COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Pragmatus Telecom, LLC (Pragmatus) complains and alleges as follows against Defendant Mediacom Communications Corporation (Mediacom): THE PARTIES 1. Pragmatus is a limited liability company organized and existing under the laws of

    the Commonwealth of Virginia with its principal place of business at 601 North King Street, Alexandria, Virginia 22314. 2. Pragmatus is informed and believes that Mediacom is a corporation organized and

    existing under the laws of the State of Delaware with its principal place of business at 100 Crystal Run Road, Middletown, New York 10941. JURISDICTION AND VENUE 3. This is an action for patent infringement arising under the patent laws of the

    United States, United States Code, 35 U.S.C. 271 et seq. This Court has subject matter jurisdiction over this action under Title 28 United States Code, 1331 and 1338. 4. Pragmatus is informed and believes that this Court has personal jurisdiction over

    Mediacom because Mediacom in incorporated within this district and has committed, and continues to commit, acts of infringement in Delaware. Pragmatus is informed and believes that Mediacom also maintains a registered agent in Delaware, namely The Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801.

    5.

    Venue is proper under 28 U.S.C. 1391 and 1400 because Mediacom has

    committed acts of infringement in this district and/or is deemed to reside in this district. THE PATENTS-IN-SUIT 6. On October 30, 2001, the United States Patent and Trademark Office (USPTO)

    duly and legally issued United States Patent No. 6,311,231 (the 231 Patent), entitled Method and System for Coordinating Data and Voice Communications Via Customer Contract Channel Changing System Using Voice Over IP. Pragmatus holds all right, title, and interest in and to the 231 Patent. A true and correct copy of the 231 Patent is attached as Exhibit A. 7. On December 23, 2003, the USPTO duly and legally issued United States Patent

    No. 6,668,286 (the 286 Patent), entitled Method and System for Coordinating Data and Voice Communications Via Customer Contact Channel Changing System Over IP. Pragmatus holds all right, title and interest in and to the 286 Patent. A true and correct copy of the 286 Patent is attached as Exhibit B. 8. On January 2, 2007, the USPTO duly and legally issued United States Patent No.

    7,159,043 (the 043 Patent), entitled Method and System for Coordinating Data and Voice Communications Via Contact Channel Changing System. Pragmatus holds all right, title and interest in and to the 043 Patent. A true and correct copy of the 043 Patent is attached as Exhibit C. COUNT I (INFRINGEMENT OF THE 231 PATENT) 9. Pragmatus incorporates by reference herein the averments set forth in paragraphs

    1 through 8 above. 10. Mediacom has and continues to infringe directly one or more claims of the 231

    Patent, including at least by using the system of claim 1 of the 231 Patent to provide live chat service over the Internet. 11. As a result of Mediacoms acts of infringement, Pragmatus has suffered and will

    continue to suffer damages in an amount to be proved at trial.

    COUNT II (INFRINGEMENT OF THE 286 PATENT) 12. Pragmatus incorporates by reference herein the averments set forth in paragraphs

    1 through 8 above. 13. Mediacom has and continues to infringe directly one or more claims of the 286

    Patent, including at least by using the system of claim 9 of the 286 Patent to provide live chat service over the Internet. 14. As a result of Mediacoms acts of infringement, Pragmatus has suffered and will

    continue to suffer damages in an amount to be proved at trial. COUNT III (INFRINGEMENT OF THE 043 PATENT) 15. Pragmatus incorporates by reference herein the averments set forth in paragraphs

    1 through 8 above. 16. Mediacom has and continues to infringe directly one or more claims of the 043

    Patent, including at least by using the system of claim 1 of the 043 Patent to provide live chat service over the Internet. 17. As a result of Mediacoms acts of infringement, Pragmatus has suffered and will

    continue to suffer damages in an amount to be proved at trial. PRAYER FOR RELIEF WHEREFORE, Pragmatus respectfully requests the following relief: a) A judgment that Mediacom has infringed one or more claims of United States

    Patent Nos. 6,311,231, 6,668,286, and 7,159,043; b) A judgment that United States Patent Nos. 6,311,231, 6,668,286, and 7,159,043

    are valid and enforceable; c) Pragmatus be awarded damages adequate to compensate Pragmatus for

    Mediacoms infringement of United States Patent Nos. 6,311,231, 6,668,286, and 7,159,043 up until the date such judgment is entered, including prejudgment and post-judgment interest, costs,

    and disbursements as justified under 35 U.S.C. 284 and, if necessary adequately to compensate Pragmatus for Mediacoms infringement, an accounting; d) A judgment that Pragmatus be awarded attorneys fees, costs, and expenses

    incurred in prosecuting this action; and e) A judgment that Pragmatus be awarded such further relief at law or in equity as

    the Court deems just and proper. DEMAND FOR JURY TRIAL Pragmatus hereby demands trial by jury on all claims and issues so triable. Dated: December 5, 2012 Respectfully submitted, FARNAN LLP

    /s/ Brian E. Farnan Brian E. Farnan (Bar No. 4089) 919 North Market Street, 12th Floor Wilmington, DE 19801 (302) 777-0300 (302)777-0301 [email protected] Of Counsel Margaret Elizabeth Day Ian N. Feinberg David L. Alberti Clayton Thompson Marc C. Belloli Sal Lim Yakov Zolotorev FEINBERG DAY ALBERTI &THOMPSON LLP 401 Florence Street, Suite 200 Palo Alto, CA 94301 Telephone: (650) 618.4360 Facsimile: (650) 618.4368 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

    Attorneys for Plaintiff PRAGMATUS TELECOM, LLC

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