Legal action

["Geoff Thompson" <gthompso@xxxxxxxxxxxxxxxxxx>]

(Unfortunately I sent this only to the detection mail list earlier in the
week.
It was my intention to send it to the entire Task Force. My apologies!
Geoff)

Colleagues in P802.3af-

I have been notified that there is a legal action that has been filed
that may relate to the work that we are doing in P802.3af.

Cisco Systems has notified me via one of their attorneys, Robert Barr,
that they have been sued by CMS for patent infringement. The text of the
filing derived from a scan is included below.

I have been told that it is Cisco's position that their current product
that provides DTE Power is (a) not conformant to the draft being
developed by P802.3af and (b) does not infringe the 260 patent.

The following seem to be the case:

        

(a) CMS
has indicated that they do not wish to participate in the development of
the 802.3af Standard

        

(b) CMS
has not indicated that they will provide an assurance letter to
IEEE.

As there is the possibility that this legal action may have some
influence on the approach that individuals wish to take in developing the
draft, it seemed prudent on my part to notify you of the existence of
this action. It is only because of this unusual set of circumstances that
I am taking this action.

This document is being distributed to you "FOR INFORMATION
ONLY"

It's contents will not be discussed at the meeting.
We will not examine the merits of either the patent or the lawsuit in our
meetings.
We will not discuss in our meetings the relationship between our draft
and any patent.
We are a technical group and these are legal matters.

It is up to each member to decide on their own, outside the committee,
(presumably with the assistance of whatever resources are available from
their sponsoring company) as to what action is appropriate on their part
and whether this legal action has any impact on our work.

If you have questions about this please direct them to me and or Steve
Carlson, NOT to the reflector.

I look forward to seeing you at the meeting in St. Louis.

Geoff

|=========================================|
| Geoffrey O.
Thompson                   
|
| Chair IEEE
802.3                       
|
| Nortel Networks, Inc.  M/S
SC5-02       |
| 4401 Great America
Parkway             
|
| P. O. Box
58185                        
|
| Santa Clara, CA 95052-8185 
USA         |
| Phone: +1 408 495
1339                 
|
| Fax:   +1 408 495
5615                 
|
| E-Mail:
thompson@xxxxxxxx              
|
| Please see the IEEE 802.3 web page at   |
 
http://www.ieee802.org/3/index.html

x----x----x----x----x----x----x----x----x----x----x----x----x----x----x

From: Robert Barr <rbarr@xxxxxxxxx>
To: "Thompson, Geoff [SC5:321:EXCH]"
<gthompso@xxxxxxxxxxxxxxxxxx>
Subject: Fw: Chrimar Systems v. Cisco
Date: Tue, 17 Apr 2001 17:41:41 -0700




("Captured" from the PDF scan of the court filing and edited to
correct for scanning errors by GOT):
=========================================================

IN THE, UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

CHRIMAR SYSTEMS, INC.
d/b/a CMS Technologies, Inc.,
a Michigan Corporation,

        Plaintiff,
v.

CISCO SYSTEMS, INC.,            Civil Action No. 01-71113
a California Corporation,       

(other
Court filing stamps not shown)

        Defendant.

______________________________________/

COMPLAINT FOR PATENT INFRINGEMENT
AND REQUEST FOR JURY TRIAL

Plaintiff, ChriMar Systems, Inc. d/b/a CMS Technologies, Inc., for its
Complaint against Defendant, Cisco Systems, Inc., alleges as
follows:

The Parties

1. Plaintiff, ChriMar Systems, Inc. d/b/a CMS Technologies, Inc.
("CMS") is
a corporation organized and existing under the laws of the state, of
Michigan, having a
place of business at 13955 Farmmgton Road, Livonia, MI 48154.

2. Defendant, Cisco Systems; Inc., ("Cisco"), on information
and belief, is a
corporation organized under the laws of the State of California, and has
its principal place
of business at 170 West Tasman Drive, San Jose, California 95134 and is
doing business
within the Eastern District :of Michigan.

Jurisdiction and Venue

3. This is an action for patent infringement under the patent laws of the
United States, Title 35, United States Code.

4. This Court has subject matter jurisdiction under 28 U.S.C. § 1338
(a).

5. Venue is proper before this Court under 28 U.S.C. §§ 1391 and 1400.

Causes of Action For Patent Infringement

6. On April ll, 1995, United States Patent No. 5,406,260 (the "'260
Patent")
was duly and legally issued to Marshall B. Cummings and Christopher R.
Young, on an
invention entitled "Network Security System For Detecting Removal Of
Electronic
Equipment". Such patent was assigned to ChriMar Systems, Inc. A copy
of the ‘260
patent is attached hereto as Exhibit A.

7. Upon information and belief, Defendant Cisco Systems, Inc. has
infringed, contributorily infringed, and/or actively induced infringement
of the ‘260 patent in
violation of 35 U.S.C. § 271 by making, using, inducing others to use,
offering for sale and/or selling computer networking switches and other
computer networking peripheral devices, including without limitation IP
phones, that infringe one or more of the claims of the ‘260 patent, both
within and outside this judicial district, without authority to do
so.

9. Upon information and belief, Defendant’s infringement of the ‘260
patent has been willful.

10. CMS Technologies, Inc. has been irreparably damaged and will continue
to be irreparably damaged by Defendant’s infringement unless this Court
enjoins Defendant from continuing their infringement.

Prayer For Relief

Wherefore, Plaintiff, CMS Technologies, Inc., prays for the entry of
judgment from this Court that:

        

(a) United
States Patent No. 5,406,260 was duly and legally issued, and is valid and
enforceable;

        

(b) Cisco
Systems, Inc. has directly and/or contributorily infringed United States
Patent No. 5,406,260 and/or actively induced infringement of United
States Patent No. 5,406,260 by others;

        

(c) Cisco
Systems, Inc. be preliminarily and permanently enjoined from engaging in
any further acts of infringement of United States Patent No.
5,406,260;

        

(d) CMS
Technologies, Inc. be awarded damages adequate to compensate for the
infringement by Cisco Systems, Inc., pursuant to 35 U.S.C. § 284;

        

(e) Cisco
Systems, Inc.‘s infringement has been willful, thereby entitling CMS Inc.
to recover treble damages, pursuant to 35 U.S.C. § 284;

        

(f) The
infringement by Cisco Systems, Inc. has been such as to render this
action exceptional, and CMS Technologies, Inc. be awarded reasonable
attorney’s fees,
pursuant to 35 U.S.C. § 285;

        

(g) CMS
Technologies, Inc. awarded such other and further relief as this Court
may deem to be right and just.

Request for Jury Trial

        

Plaintiff,
CMS Technologies, Inc. hereby makes demand for a trial by jury pursuant
to Rule 38 of the Federal Rules of Civil Procedure as to all issues of
this lawsuit.

        

        

        

        

        

RADER,
FISHMAN & GRAUER PLLC
Dated: March
21,2001

    

        

        

By________(Signed)________

        

        

        

        

        

Terrance
Rader, Esq.

        

        

        

        

        

Glenn
E. Forbis, Esq.

        

        

        

        

        

39533
Woodward Avenue, Suite 140

        

        

        

        

        

Bloomfield
Hills, Michigan 48304

        

        

        

        

        

Tel.:
(248) 594-0600

        

        

        

        

        

Fax:
(248) 594-0610

                                        Attorneys for Plaintiff
                                        CMS Technologies, Inc.

|=========================================|

| Geoffrey O. Thompson                    |

| Chair IEEE 802.3                        |

| Nortel Networks, Inc.  M/S SC5-02       |

| 4401 Great America Parkway              |

| P. O. Box 58185                         |

| Santa Clara, CA 95052-8185  USA         |

| Phone: +1 408 495 1339                  |

| Fax:   +1 408 495 5615                  |

| E-Mail: thompson@xxxxxxxx               |

| Please see the IEEE 802.3 web page at   |

http://www.ieee802.org/3/index.html