1 in the UNITED STATES DISTRICT COURT for the DISTRICT of DELAWARE VIATECH TECHNOLOGIES, INC., ) ) Plaintiff, ) Case No. 1:17Cv5
Case 1:17-cv-00570-RGA Document 11 Filed 10/01/17 Page 1 of 37 PageID #: 145 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE VIATECH TECHNOLOGIES, INC., ) ) Plaintiff, ) Case No. 1:17cv570 v. ) ) MICROSOFT CORPORATION, ) DEMAND FOR JURY TRIAL ) Defendant. ) AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff ViaTech Technologies, Inc. (“plaintiff” or “ViaTech”), through its attorneys, for its complaint against defendant Microsoft Corporation (“defendant” or “Microsoft”), alleges as follows: THE PARTIES 1. Plaintiff is a corporation organized and existing under the laws of the State of Delaware having a place of business at 1136 Ashbourne Circle, Trinity, FL 34655-7103. 2. Defendant Microsoft is a corporation organized and existing under the laws of the State of Washington having its principal place of business at One Microsoft Way, Redmond, WA 98052. JURISDICTION AND VENUE 3. This action arises under the patent laws of the United States, Title 35 of the United States Code. Subject matter jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 and 1338(a). 4. Defendant Microsoft is subject to this Court’s specific and general personal jurisdiction consistent with due process and the Delaware Long Arm Statute, 10 Del. C. § 3104. 1 Case 1:17-cv-00570-RGA Document 11 Filed 10/01/17 Page 2 of 37 PageID #: 146 5. Venue in this Judicial District is proper under 28 U.S.C. § 1400(b). 6. Microsoft is registered to do business in Delaware, and has appointed Corporation Service Company, 2711 Centerville Rd., Suite 400, Wilmington, DE 19808, as its registered agent, and either directly, or indirectly through its distribution network, has transacted and/or continues to transact business in Delaware, and has regularly solicited and continues to regularly solicit business in Delaware.
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