Actual controversy exists despite removal of accused references from website
Cordance Corporation v. Amazon.com.Inc., C.A. No. 06-491-MPT, November 20, 2007.
Thynge, M.J. Motion to dismiss counterclaim of infringement on the basis of no actual controversy is denied.
The disputed technology involves on-line internet-based transaction infrastructures, in particular i-name technology and software which links users and their respective personal address book information. Defendant asserts that an actual controversy exists because the two patents-in-suit concern the same subject matter – i-name technology. I t further claims that plaintiff’s creation and marketing of a standard covering the accused i-name technology constitutes infringement, and selling i-name services through i-brokers is evidence of indirect infringement. The Court finds that although plaintiff removed disputed references from its website, proof of cessation of other accused was not provided. The motion to dismiss is denied.
A copy of the full opinion is available here.
