Re: Microsoft going after Linux?

[Alexander Terekhov]

Andrew Halliwell wrote:
> 
> amicus_curious <ACDC@sti.net> 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 Court’s 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.

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