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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 SUITIN 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 COURTFOR 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 COURTFOR 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 REPORTA 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 itemsa. 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 itemsa. 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: | 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) |