Round 1, Freedom Scientific and GW Micro square off to dual, with
Freedom Scientific the favored to win. Place your bets folks.
DING! The fight has begun! Apple sits in the audience cheering
them both on! Have a knock down drag out you two, because Apple
escapes this fiasco unscathed!
janet
From: joe harcz [mailto:[EMAIL PROTECTED]
Sent: Thursday, July 24, 2008 8:10 PM
To: [EMAIL PROTECTED]
Subject: [acb-l] freedomscientific sues gw micro
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
FREEDOM SCIENTIFIC, INC. - Plaintiff
Civil Action No.: 8:08-cv-01365-JDW-TBM Freedom Scientific, Inc. v.
GW Micro, Inc.
GW MICRO, INC. - Defendant.
COMPLAINT AND JURY DEMAND
INJUNCTIVE RELIEF SOUGHT
List of 10 items
1. Plaintiff Freedom Scientific, Inc. ("Freedom Scientific") is a
Delaware corporation with its principal place of business in St.
Petersburg, Florida.
2. On information and belief, GW Micro, Inc. ("GW Micro"), is a
corporation organized and existing under the laws of the State of
Indiana and having a place
of business at 725 Airport North Office Park, Fort Wayne, Indiana.
3. This action arises under the patent laws of the United States, 35
U.S.C. § 101 et seq.
4. This Court has subject matter jurisdiction under one or more of
28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).
5. GW Micro has infringed, and is continuing to infringe, Freedom
Scientific's United States patent identified below by making,
importing, selling, offering
to sell, and/or using within the United States certain computer
software.
Count I (Patent Infringement)
6. Freedom Scientific repeats and realleges the foregoing
paragraphs.
7. Freedom Scientific is the owner of United States Patent No.
6,993,707 (the '"707 patent"), issued on January 31, 2006, and has
the right to sue on the
'707 patent. A copy of the '707 patent is attached as Exhibit A.
8. GW Micro has infringed, and is continuing to infringe, the '707
patent by making, importing, selling, offering to sell, and/or using
within the United
States computer software covered by the '707 patent.
9. GW Micro has induced and contributed to infringement by others of
the '707 patent by causing or aiding others to make, use, import,
sell, and/or offer
to sell goods covered by the '707 patent within the United States.
10. GW Micro's infringement of the '707 patent is and has been
willful, has caused and will continue to cause Freedom Scientific to
suffer substantial damages,
and has caused and will continue to cause Freedom Scientific to
suffer irreparable harm for which there is no adequate remedy at
law.
list end
WHEREFORE, Freedom Scientific requests that this Court:
List of 5 items
1. Enter a preliminary and permanent injunction enjoining GW Micro
and its affiliates, subsidiaries, officers, directors, employees,
agents, representatives,
licensees, successors, assigns, and all those acting for any of them
or on their behalf, or acting in concert with them, from further
infringement of the
'707 patent;
2. Award Freedom Scientific compensatory damages, costs, and
interest for patent infringement;
3. Award Freedom Scientific treble damages for the willful
infringement of the '707 patent;
4. Award Freedom Scientific its reasonable attorneys' fees under 35
U.S.C. § 285;and
5. Award Freedom Scientific such other relief as the Court deems
just and proper.
list end
JURY DEMAND
Freedom Scientific demands a trial by jury on all issues so triable.
Respectfully submitted, FREEDOM SCIENTIFIC, INC.
Dated: July 15,2008
Case Summary and Attorneys from Court Filing
8:08-cv-01365-JDW-TBM Freedom Scientific, Inc. v. GW Micro, Inc.
James D. Whittemore, presiding
Thomas B. McCoun III, referral
Date filed: 07/15/2008
Date of last filing: 07/21/2008
Office: Tampa
Filed: 07/15/2008
Jury Demand: Plaintiff
Nature of Suit: 830
Cause: 35:145 Patent Infringement
Jurisdiction: Federal Question
County: Pinellas
Origin: 1
Plaintiff: Freedom Scientific, Inc.
represented by: Michael John Colitz, III
Phone: 813/227-6598
Fax: 813/229-0134
Email: [EMAIL PROTECTED]
Plaintiff: Freedom Scientific, Inc.
represented by: Matthew B. Lowrie
Phone: 617/395-7000
Plaintiff: Freedom Scientific, Inc.
represented by: Aaron W. Moore
Phone: 617/395-7000
Email: [EMAIL PROTECTED]
Plaintiff: Freedom Scientific, Inc.
represented by: Woodrow Heath Pollack
Phone: 813/227-8500
Email: [EMAIL PROTECTED]
Defendant: GW Micro, Inc.
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