We at Blind Access Journal believe it is absolutely critical that everyone in the blind community understand how our assistive technology industry operates, how the competitors operate with respect to one another and how these interactions may impact the extent to which we are able to acquire access to the information and technology available in the world around us. It is to this end that we must, once again, report on another case in which Freedom Scientific is suing one of its competitors. This time, the defendant is GW Micro, makers of Window-Eyes, the second most popular screen reader in the world. In this latest lawsuit, Freedom Scientific claims that GW Micro has violated its patent number 6,993,707 concerning the implementation of support for placemarkers on web pages in Window-Eyes 7.0. Doug has posted an article entitled Do companies really compete on who has the best lawyers? to the GW Micro Blog in response to this lawsuit. We urge everyone to review the text of the complaint below, read Doug’s blog post, make your own judgements and let us know how you believe the connected online blind community should respond. We ask that you understand that this complaint has been acquired at our own expense, and considerable effort and time have been expended in order to provide its content in an accessible format. The text below does not represent an exact replication of the original Federal Court filing.
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
FREEDOM SCIENTIFIC, INC. – Plaintiff
Civil Action No.: 8:08-cv-01365-JDW-TBM Freedom Scientific, Inc. v. GW Micro, Inc.
GW MICRO, INC. – Defendant.
COMPLAINT AND JURY DEMAND
INJUNCTIVE RELIEF SOUGHT
- Plaintiff Freedom Scientific, Inc. (“Freedom Scientific”) is a Delaware corporation with its principal place of business in St. Petersburg, Florida.
- On information and belief, GW Micro, Inc. (“GW Micro”), is a corporation organized and existing under the laws of the State of Indiana and having a place of business at 725 Airport North Office Park, Fort Wayne, Indiana.
- This action arises under the patent laws of the United States, 35 U.S.C. § 101 et seq.
- This Court has subject matter jurisdiction under one or more of 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).
- GW Micro has infringed, and is continuing to infringe, Freedom Scientific’s United States patent identified below by making, importing, selling, offering to sell, and/or using within the United States certain computer software.
Count I (Patent Infringement)
- Freedom Scientific repeats and realleges the foregoing paragraphs.
- Freedom Scientific is the owner of United States Patent No. 6,993,707 (the ‘”707 patent”), issued on January 31, 2006, and has the right to sue on the ‘707 patent. A copy of the ‘707 patent is attached as Exhibit A.
- GW Micro has infringed, and is continuing to infringe, the ‘707 patent by making, importing, selling, offering to sell, and/or using within the United States computer software covered by the ‘707 patent.
- GW Micro has induced and contributed to infringement by others of the ‘707 patent by causing or aiding others to make, use, import, sell, and/or offer to sell goods covered by the ‘707 patent within the United States.
- GW Micro’s infringement of the ‘707 patent is and has been willful, has caused and will continue to cause Freedom Scientific to suffer substantial damages, and has caused and will continue to cause Freedom Scientific to suffer irreparable harm for which there is no adequate remedy at law.
WHEREFORE, Freedom Scientific requests that this Court:
- Enter a preliminary and permanent injunction enjoining GW Micro and its affiliates, subsidiaries, officers, directors, employees, agents, representatives, licensees, successors, assigns, and all those acting for any of them or on their behalf, or acting in concert with them, from further infringement of the ‘707 patent;
- Award Freedom Scientific compensatory damages, costs, and interest for patent infringement;
- Award Freedom Scientific treble damages for the willful infringement of the ‘707 patent;
- Award Freedom Scientific its reasonable attorneys’ fees under 35 U.S.C. § 285;and
- Award Freedom Scientific such other relief as the Court deems just and proper.
JURY DEMAND
Freedom Scientific demands a trial by jury on all issues so triable.
Respectfully submitted, FREEDOM SCIENTIFIC, INC.
Dated: July 15,2008
Case Summary and Attorneys from Court Filing
8:08-cv-01365-JDW-TBM Freedom Scientific, Inc. v. GW Micro, Inc.
James D. Whittemore, presiding
Thomas B. McCoun III, referral
Date filed: 07/15/2008
Date of last filing: 07/21/2008
Office: Tampa
Filed: 07/15/2008
Jury Demand: Plaintiff
Nature of Suit: 830
Cause: 35:145 Patent Infringement
Jurisdiction: Federal Question
County: Pinellas
Origin: 1
Plaintiff: Freedom Scientific, Inc.
represented by: Michael John Colitz, III
Phone: 813/227-6598
Fax: 813/229-0134
Email: michael.colitz@hklaw.com
Plaintiff: Freedom Scientific, Inc.
represented by: Matthew B. Lowrie
Phone: 617/395-7000
Plaintiff: Freedom Scientific, Inc.
represented by: Aaron W. Moore
Phone: 617/395-7000
Email: amoore@11-a.com
Plaintiff: Freedom Scientific, Inc.
represented by: Woodrow Heath Pollack
Phone: 813/227-8500
Email: woodrow.pollack@hklaw.com
Defendant: GW Micro, Inc.