Exhibit 99.2
SIMPSON THACHER & BARTLETT
GEORGE M. NEWCOMBE (202898)
JEFFREY E. OSTROW (213118)
HARRISON J. FRAHN IV (206822)
CATHERINE N. MORRIS (208412)
3330 Hillview Avenue
Palo Alto, California 94304
Telephone: (650) 251-5000
Facsimile: (650) 251-5002
SIMPSON THACHER & BARTLETT
HENRY B. GUTMAN (pro hac vice pending)
JEREMY S. PITCOCK (pro hac vice pending)
425 Lexington Avenue
New York, New York 10017
Telephone: (212) 455-2000
Facsimile: (212) 455-2502
Attorneys for Plaintiff
COLLABORATION PROPERTIES, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
COLLABORATION PROPERTIES, INC., a ) Case No.
Nevada corporation, )
) COMPLAINT FOR PATENT
Plaintiff, ) INFRINGEMENT
)
) DEMAND FOR JURY TRIAL
v. )
)
)
POLYCOM, INC., a Delaware corporation, )
)
Defendant. )
)
)
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Plaintiff COLLABORATION PROPERTIES, INC. ("CPI"), by and through its
undersigned counsel, hereby alleges as follows:
PARTIES
1. CPI is a Nevada corporation, with its headquarters and principal
place of business in Redwood Shores, California.
COMPLAINT FOR PATENT INFRINGEMENT
DEMAND FOR JURY TRIAL
2. CPI (and its predecessor) sought and obtained patent protection
pertaining to many inventions covering leading innovations in teleconferencing
hardware and software. The inventions protected by CPI's patents resulted from
the investments of large monetary sums in research and development.
3. On information and belief, Polycom, Inc. ("Polycom") is a Delaware
corporation, with its headquarters and principal place of business in
Pleasanton, California.
4. Polycom distributes and sells teleconferencing hardware and software
products, including but not limited to the following lines of products: the
Viewstation series, ViaVideo, the iPower series, WebOffice and Path Navigator.
Collectively, the above products will be called "the Accused Polycom Products."
5. CPI is informed and believes and based thereon alleges that the
Accused Polycom Products have infringed and continue to infringe several U.S.
Patents owned by CPI. CPI accordingly seeks monetary damages to remedy Polycom's
past infringement of the patents and an injunction to prevent Polycom from
further acts of infringement.
JURISDICTION AND VENUE
6. This is an action arising under the patent laws of the United States,
Title 35 of the United States Code. This court has jurisdiction over the subject
matter of this action pursuant to 28 U.S.C. Sections 1331 (federal question) and
1338(a) (action arising under an Act of Congress relating to patents).
7. Venue is proper in this district pursuant to 28 U.S.C. Sections
1391(b) and (c) and 28 U.S.C. Section 1400(b).
8. Polycom is doing business within the United States, including this
Judicial District, by manufacturing, selling, offering to sell, and/or using its
products directly or through other intermediaries in this Judicial District and
throughout the United States.
INTRADISTRICT ASSIGNMENT
9. This action is appropriate for assignment to the San Francisco
division of this Court because a substantial part of the events or omissions
giving rise to CPI's claims occurred in counties located within the San
Francisco division of this Court.
COMPLAINT FOR PATENT INFRINGEMENT
DEMAND FOR JURY TRIAL
2
FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
10. United States Patent No. 5,867,654 ("the '654 patent"), entitled Two
Monitor Videoconferencing Hardware, was duly and lawfully issued on February 2,
1999. CPI is the assignee of all right, title and interest in the '654 patent. A
true and correct copy of the '654 patent is attached hereto as Exhibit A.
11. United States Patent No. 5,896,500 ("the '500 patent"), entitled
System For Call Request Which Results In First And Second Call Handle Defining
Call State Consisting Of Active Or Hold For Its Respective AV Device, was duly
and lawfully issued on April 20, 1999. CPI is the assignee of all right, title
and interest in the '500 patent. A true and correct copy of the `500 patent is
attached hereto as Exhibit B.
12. United States Patent No. 6,212,547 ("the '547 patent"), entitled UTP
Based Video And Data Conferencing, was duly and lawfully issued on April 3,
2001. CPI is the assignee of all right, title and interest in the '547 patent. A
true and correct copy of the '547 patent is attached hereto as Exhibit C.
13. United States Patent No. 6,343,314 B1 ("the '314 patent"), entitled
Remote Participant Hold And Disconnect During Videoconferencing, was duly and
lawfully issued on January 29, 2002. CPI is the assignee of all right, title and
interest in the '314 patent. A true and correct copy of the `314 patent is
attached hereto as Exhibit D.
14. Collectively, the '654, '500, '547 and '314 patents will be called
"the CPI Patents."
15. CPI gave actual notice of infringement of the `654, `500, and `547
patents to Polycom verbally on September 18, 2001 and in writing on September
26, 2001.
16. Upon information and belief, the Accused Polycom Products infringe
one or more claims of the CPI Patents.
17. Polycom has manufactured, used, caused to be used, offered to sell
and/or sold the Accused Polycom Products in this Judicial District and elsewhere
in the United States.
COMPLAINT FOR PATENT INFRINGEMENT
DEMAND FOR JURY TRIAL
3
CLAIMS
FIRST COUNT
(INFRINGEMENT OF THE '654 PATENT)
18. CPI incorporates by reference the allegations set forth in
Paragraphs 1-17 of this Complaint, as though fully set forth herein.
19. CPI is informed and believes, and on that basis alleges, that
Polycom has infringed and is currently infringing the '654 patent, has
contributed and is currently contributing to the infringement of the '654
patent, and/or has actively induced and is actively inducing others to infringe
the '654 patent, by committing acts defined in 35 U.S.C. Section 271 as unlawful
and infringing, including but not limited to the making, using, offering for
sale or selling one or more of the Accused Polycom Products. All such acts have
been without authority or license from CPI.
20. Since September 2001, Polycom has been aware of the '654 patent and
was placed on actual notice of CPI's claim of infringement of the '654 patent.
21. Upon information and belief, Polycom's infringement, inducement of
infringement and/or contributory infringement of the '654 patent has been and
continues to be willful and deliberate, and without regard for CPI's rights in
the '654 patent. Upon information and belief, unless enjoined by this Court,
Polycom will continue activities causing damage and irreparable harm to CPI.
SECOND COUNT
(INFRINGEMENT OF THE '500 PATENT)
22. CPI incorporates by reference the allegations set forth in
Paragraphs 1-21 of this Complaint, as though fully set forth herein.
23. CPI is informed and believes, and on that basis alleges, that
Polycom has infringed and is currently infringing the '500 patent, has
contributed and is currently contributing to the infringement of the '500
patent, and/or has actively induced and is actively inducing others to infringe
the '500 patent, by committing acts defined in 35 U.S.C. Section 271 as unlawful
and infringing, including but not limited to the making, using, offering for
sale or selling one or more of the Accused Polycom Products. All such acts have
been without authority or license from CPI.
COMPLAINT FOR PATENT INFRINGEMENT
DEMAND FOR JURY TRIAL
4
24. Since September 2001, Polycom has been aware of the '500 patent and
was placed on actual notice of CPI's claim of infringement of the '500 patent.
25. Upon information and belief, Polycom's infringement, inducement of
infringement and/or contributory infringement of the '500 patent has been and
continues to be willful and deliberate, and without regard for CPI's rights in
the '500 patent. Upon information and belief, unless enjoined by this Court,
Polycom will continue activities causing damage and irreparable harm to CPI.
THIRD COUNT
(INFRINGEMENT OF THE '547 PATENT)
26. CPI incorporates by reference the allegations set forth in
Paragraphs 1-25 of this Complaint, as though fully set forth herein.
27. CPI is informed and believes, and on that basis alleges, that
Polycom has infringed and is currently infringing the '547 patent, has
contributed and is currently contributing to the infringement of the '547
patent, and/or has actively induced and is actively inducing others to infringe
the '547 patent, by committing acts defined in 35 U.S.C. Section 271 as unlawful
and infringing, including but not limited to the making, using, offering for
sale or selling one or more of the Accused Polycom Products. All such acts have
been without authority or license from CPI.
28. Since September 2001, Polycom has been aware of the '547 patent and
was placed on actual notice of CPI's claim of infringement of the '547 patent.
29. Upon information and belief, Polycom's infringement, inducement of
infringement and/or contributory infringement of the '547 patent has been and
continues to be willful and deliberate, and without regard for CPI's rights in
the '547 patent. Upon information and belief, unless enjoined by this Court,
Polycom will continue activities causing damage and irreparable harm to CPI.
FOURTH COUNT
(INFRINGEMENT OF THE '314 PATENT)
30. CPI incorporates by reference the allegations set forth in
Paragraphs 1-29 of this Complaint, as though fully set forth herein.
COMPLAINT FOR PATENT INFRINGEMENT
DEMAND FOR JURY TRIAL
5
31. CPI is informed and believes, and on that basis alleges, that
Polycom has infringed and is currently infringing the '314 patent, has
contributed and is currently contributing to the infringement of the '314
patent, and/or has actively induced and is actively inducing others to infringe
the '314 patent, by committing acts defined in 35 U.S.C. Section 271 as unlawful
and infringing, including but not limited to the making, using, offering for
sale or selling one or more of the Accused Polycom Products. All such acts have
been without authority or license from CPI.
32. Upon information and belief, Polycom's infringement, inducement of
infringement and/or contributory infringement of the '314 patent has been and
continues to be willful and deliberate, and without regard for CPI's rights in
the '314 patent. Upon information and belief, unless enjoined by this Court,
Polycom will continue activities causing damage and irreparable harm to CPI.
PRAYER FOR RELIEF
WHEREFORE, CPI prays for the following relief:
a) A judgment by the Court that the Accused Polycom Products infringe
the CPI Patents;
b) A judgment by the Court that Polycom is liable for contributory
infringement and inducement of infringement of the CPI Patents;
c) A judgment by the Court that Polycom's infringement of the CPI
Patents has been and continues to be willful;
e) Preliminary and permanent injunctive relief pursuant to 35 U.S.C.
Section 283 enjoining Polycom, its officers, agents, servants, employees,
successors, assigns and all other persons or entities acting in concert or
participation with Polycom, from further infringement, including contributory
infringement and inducement of infringement, of the CPI Patents;
f) An award of damages from CPI to compensate CPI for Polycom's past and
present infringement, including preliminary, pre- and post-judgment interests
and costs, pursuant to 35 U.S.C. Section 284, first paragraph;
g) An award of treble damages based on the willfulness of Polycom's
infringement, pursuant to 35 U.S.C. Section 284, second paragraph;
COMPLAINT FOR PATENT INFRINGEMENT
DEMAND FOR JURY TRIAL
6
h) A judgment by the Court that this case is exceptional and an award to
CPI of its reasonable attorney fees, disbursements, and costs in accordance with
the law, including, but not limited to, 35 U.S.C. Section 285; and
i) For such other, further or different relief as this Court deems just
and proper.
DEMAND FOR JURY TRIAL
CPI demands a trial by jury for all claims in this action.
Dated: September 23, 2002 Respectfully submitted,
/s/ George M. Newcombe
By ________________________________
GEORGE M. NEWCOMBE
Attorneys for Plaintiff
COLLABORATION PROPERTIES, INC.
SIMPSON THACHER & BARTLETT
GEORGE M. NEWCOMBE (202898)
JEFFREY E. OSTROW (213118)
HARRISON J. FRAHN IV (206822)
CATHERINE N. MORRIS (208412)
3330 Hillview Avenue
Palo Alto, California 94304
Telephone: (650) 251-5000
Facsimile: (650) 251-5002
SIMPSON THACHER & BARTLETT
HENRY B. GUTMAN (pro hac vice pending)
JEREMY S. PITCOCK (pro hac vice pending)
425 Lexington Avenue
New York, New York 10017
Telephone: (212) 455-2000
Facsimile: (212) 455-2502
COMPLAINT FOR PATENT INFRINGEMENT
DEMAND FOR JURY TRIAL
7