Case 8:18-Cv-03019-GJH Document 1 Filed 10/02/18 Page 1 of 29
Case 8:18-cv-03019-GJH Document 1 Filed 10/02/18 Page 1 of 29 UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND AMERICAN CHEMICAL SOCIETY 1155 16th Street NW Washington, DC 20036, ELSEVIER INC. 230 Park Avenue New York, NY 10169, Case No. ELSEVIER LTD. COMPLAINT FOR DECLARATORY AND The Boulevard, Langford Lane, INJUNCTIVE RELIEF AND DAMAGES Kidlington, Oxford OX5 1GB, United Kingdom, DEMAND FOR JURY TRIAL and ELSEVIER B.V., Radarweg 29 Amsterdam, 1043 NX, Netherlands, Plaintiffs, v. RESEARCHGATE GMBH Invalidenstrasse 115 10115 Berlin, Germany, Defendant. Plaintiffs, the American Chemical Society (“ACS”) and Elsevier Inc., Elsevier Ltd., and Elsevier B.V. (collectively, “Elsevier”), for their Complaint against Defendant, ResearchGate GmbH (“ResearchGate”), allege, on personal knowledge as to matters relating to themselves, and on information and belief as to all other matters, as follows: Case 8:18-cv-03019-GJH Document 1 Filed 10/02/18 Page 2 of 29 NATURE OF THE CASE 1. This action arises from the massive infringement of peer-reviewed, published journal articles (“PJAs”). Plaintiffs publish the articles in their journals and own the respective copyrights. Defendant deliberately uses infringing copies of those PJAs to drive its business. 2. Founded in 1876, Plaintiff ACS is an internationally renowned professional and scientific society. It publishes over 50 peer-reviewed scientific journals, primarily in the field of chemistry and related disciplines. Founded in 1880, Plaintiff Elsevier is an international multimedia publishing company. Elsevier publishes hundreds of thousands of articles annually in over 2,500 peer-reviewed journals it maintains. Founded in 2008, Defendant ResearchGate is a for-profit business that owns and operates an online social network and file sharing / download service.
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