Andrew Halliwell wrote: > > amicus_curious <[email protected]> wrote: > >> Who? Tomtom? > >> In europe? (I presume as they're a european company, that's where the > >> trial > >> will be held...?) > >> > > It will be held in the US District Court for the Western District of > > Washington at Seattle. > > > >> If not, tomtom could just utterly ignore anything microsoft says. They're > >> out of their jurisdiction. American laws do not apply. > >> > > > > They do in the USofA, where the suit is filed and the complaint was served. > > It is like saying that the EU cannot do anything to Microsoft because they > > are an American company. > > That depends if tomtom have any offices in america.
>From the complaint: MICROSOFT CORPORATION, a Washington Corporation, Plaintiff, v. TOMTOM N.V., a Netherlands Corporation, and TOMTOM, INC., a Massachusetts Corporation, Defendants. COMPLAINT FOR PATENT INFRINGEMENT JURY DEMAND Plaintiff Microsoft Corporation (Microsoft) for its Complaint For Patent Infringement against Defendants TomTom N.V. and TomTom, Inc. (collectively, the Defendants), alleges as follows: PARTIES 1. Plaintiff Microsoft Corporation is a Washington corporation having its principal place of business at One Microsoft Way, Redmond, Washington 98052. 2. Founded in 1975, Microsoft is a worldwide leader in computer software, services and solutions for businesses and consumers. Since 1979, Microsoft has been headquartered in the Seattle, Washington metropolitan area, currently employs more than 20,000 people in the Seattle area, and occupies nearly 8 million square feet of facilities at its Redmond campus. 3. Microsoft has a long history of technical innovation in the software and hardware products it develops and distributes. These software products include operating systems for servers, personal computers, embedded devices, smartphones, PDAs, and other intelligent devices; server applications for distributed computing environments; information worker productivity applications; business solution applications; high-performance computing applications; software development tools; operating systems for automotive applications; and various navigation-related software products and services. 4. Upon information and belief, Defendant TomTom N.V. is a Dutch corporation organized and existing under the laws of the Netherlands having a principal place of business at Rembrandtplein 35, Amsterdam 1017 CT, Netherlands. 5. Upon information and belief, Defendant TomTom, Inc. is a corporation organized and existing under the laws of Massachusetts and is a wholly-owned subsidiary of TomTom N.V. TomTom, Inc.s principal place of business is located at 150 Baker Ave Ext., Concord, Massachusetts 01742. 6. Upon information and belief, Defendants are in the business of developing, manufacturing, and selling portable navigation computing devices and software for use on those devices, personal computers, PDAs, and smartphones (hereinafter known collectively as Portable Navigation Devices and Software). Upon information and belief, Defendants market and distribute their products worldwide, including in the United States, through their channel business partners and various retail companies, at retail stores, through the websites of retail companies, and on their own websites. Upon information and belief, Defendants do business within the Western District of Washington. JURISDICTION AND VENUE 7. This is an action for patent infringement arising under the patent laws of the United States, Title 35, United States Code. 8. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 9. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c) and 1400(b). On information and belief, Defendants are subject to this Courts personal jurisdiction, consistent with the principles of due process and the Washington Long Arm Statute, because each Defendant offers for sale and sells Portable Navigation Devices and Software in the Western District of Washington, has transacted business in this District, and/or has committed and/or induced acts of patent infringement in this District. For example, Defendants own website (e.g., http://www.tomtom.com/page/giftguide?Lid=4&selector=true) allows users to purchase Defendants products for delivery within this District. The website at http://www.tomtom.com/stores/type.php?ID=2&Country=223 directs users of the Defendants website to retail outlets selling Defendants products within this District. Additionally, the website at http://www.tomtom.com/stores/type.php?ID=1&Country=223 directs users of the Defendants website to online merchants selling Defendants products for delivery within this District. regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
