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VCSY - A Laughing Place #2
Thursday, 11 June 2009
You Can Pull That String All You Want, I ain't Gonna Talk!
Mood:  cheeky
Now Playing: "What It Were" - Hiphop Easter egg list of egoes and blown heads (violins and brutality)
Topic: Apple Fritters

Just so you don't have to wade through the RagingBull swamp for an important display of information:

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=248289

The SUIT 

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TEXAS 
MARSHALL DIVISION 
Vertical Computer Systems, Inc., § 
§ 
Plaintiff, § 
§ Civil Action No. 2:07-cv-144 
v. § 
§ JURY TRIAL DEMANDED 
Microsoft Corporation, § 
§ 
Defendant. § 
ORIGINAL COMPLAINT 
Plaintiff Vertical Computer Systems, Inc. ("Vertical") brings this action against DefendantMicrosoft Corporation ("Microsoft") alleging as follows: 
I. PARTIES 
1. Plaintiff Vertical is a Delaware corporation with a principal place of business in Fort Worth, Texas. 

2. Defendant Microsoft is a Washington corporation and has its principal place of business at One Microsoft Way, Redmond, Washington. Microsoft is doing business in this judicial district and may be served with process through its Registered Agent, Corporation Service Company located at 701 Brazos Street, Suite 1050, Austin, Texas 78701. 

 

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=248290

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TEXAS 
MARSHALL DIVISION 
VERTICAL COMPUTER SYSTEM, INC. § 
§ 
V. § No. 2:07cv144 (DF-CE) 
§ 
MICROSOFT CORPORATION § 
ORDER APPOINTING MEDIATOR 
IT IS ORDERED that James W Knowles, 909 ESE Loop 323, Suite 400, P.O. Box 7339, 
Tyler, Texas 75711-7339, telephone number 903.509.5000 and fax number 903.509.5091, is hereby 
appointed as mediator in the above referenced case. The Court designates plaintiff’s counsel to be 
responsible for timely contacting the mediator and defendant’s counsel to coordinate a date for the 

mediation. Mediation shall be completed by March 7, 2008. 

 http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=248291

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TEXAS 
MARSHALL DIVISION 
VERTICAL COMPUTER SYSTEMS, § 
INC., § 
§ 
Plaintiff, § 
§ Civil Action No. 2:07-CV-144 –DF-CE 
v. § 
§ JURY TRIAL 
MICROSOFT CORPORATION § 
§ 
Defendants. § 
UNOPPOSED MOTION FOR LEAVE TO SERVE AMENDED 
INFRINGEMENT CONTENTIONS 
Vertical Computer Systems, Inc. (“Vertical”), plaintiff in the above-entitled and numbered civil action, moves the Court for leave to serve amended infringement contentions. In support, Vertical will show the following. 
On November 30, 2007, the plaintiff served its infringement contents against the defendant.Subsequent to serving such contentions, the plaintiff determined that Microsoft’s SharePoint 200 should be accused of infringement in addition to the products originally accused. 
Thus, the plaintiff requests leave to serve such amended contentions pursuant to P.R. 3-6(b). 

The defendant does not oppose the plaintiff serving the amended infringement contentions. 

 http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=248293

MEDIATOR’S REPORT 

A mediation conference was held on July 24, 2008. All proper parties attended. The case has settled and the parties are in the process of circulating documents for appropriate signatures, and to be filed with the Court. 
Signed this 25th day of July, 2008. 
/s/ James W. Knowles 

JAMES W. KNOWLES, MEDIATOR 

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=248294

What VCSY asked or in the suit....six items 

a. Judgment that one or more claims of United States Patent No. 6,826,744 have been infringed, either literally and/or under the doctrine of equivalents, by Microsoft and/or by others to whose infringement Microsoft has contributed and/or by other whose infringement has been induced by Microsoft; 

b. Judgment that Microsoft account for and pay to Vertical all damages to and costs incurred by Vertical because of Microsoft’s infringing activities and other conduct complained of herein;

c. That Vertical be granted pre-judgment and post-judgment interest on the damages caused to it by reason of Microsoft’s infringing activities and other conduct complained of herein; 

d. That this Court declare this an exceptional case and award Vertical its reasonable attorneys’ fees and costs in accordance with 28 U.S.C. § 285; 

e. That Microsoft’s infringement be found willful and that the Court award increased damages of three times the actual damages awarded; 

f. That Microsoft be permanently enjoined from any further activity or conduct that infringes any claims of United States Patent No. 6,824,744; and 

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=248296

It should be seven items 

a. Judgment that one or more claims of United States Patent No. 6,826,744 have been infringed, either literally and/or under the doctrine of equivalents, by Microsoft and/or by others to whose infringement Microsoft has contributed and/or by other whose infringement has been induced by Microsoft; 

b. Judgment that Microsoft account for and pay to Vertical all damages to and costs incurred by Vertical because of Microsoft’s infringing activities and other conduct complained of herein;

c. That Vertical be granted pre-judgment and post-judgment interest on the damages caused to it by reason of Microsoft’s infringing activities and other conduct complained of herein; 

d. That this Court declare this an exceptional case and award Vertical its reasonable attorneys’ fees and costs in accordance with 28 U.S.C. § 285; 

e. That Microsoft’s infringement be found willful and that the Court award increased damages of three times the actual damages awarded; 

f. That Microsoft be permanently enjoined from any further activity or conduct that infringes any claims of United States Patent No. 6,824,744; and 

g. That Vertical be granted such other and further relief as the Court or jury may deem just and proper under the circumstances. 

Thanks for posting the facts, BIFT.

 

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=248286

By: LV_GaryD  
11 Jun 2009, 09:25 PM EDT 
Rating: post rating 1
Msg. 248286 of 248296 
Jump to msg. #  
The future of this stock 

rests in huge part on the patent of Emily. The company will continue to move forward in spite of Emily, but the stock price should surge when the Emily patent is finally granted. 

If my thinking is correct, at that point we will hear of several billion dollar lawsuits being filed by VCSY and Niro. These companies know they have been infringing on the patent-pending Emily software for their own purposes and most will attempt to settle quickly. 

Mr. Wade's silence is likely mandated by our attorneys.

(Voluntary Disclosure: Position- Long; ST Rating- Strong Buy; LT Rating- Strong Buy)

 


Posted by Portuno Diamo at 10:49 PM EDT
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