Overstock.com 2012 Annual Report Download - page 115

Table of Contents
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we made untrue or misleading statements concerning our pricing, price reductions, sources of products and shipping charges. The complaint asks for
damages in the amount of not less than $15 million. The suit is in the discovery stage. Trial has been set tentatively for September 9, 2013. The nature of
the loss contingencies relating to claims that have been asserted against us are described above. We intend to vigorously defend this action.
On September 11, 2011, Droplets, Inc. filed suit against us and eight other defendants in the United States District Court in the Eastern District of
Texas for infringement of a patent covering strings of programming code downloaded from a server to a client computer. We have answered the
complaint. The case is in its early stages. The nature of the loss contingencies relating to claims that have been asserted against us are described above.
However, no estimate of the loss or range of loss can be made. We intend to vigorously defend this action and pursue our indemnification rights with
our vendors.
On September 13, 2011, Select Retrieval, LLC filed suit against us and 79 other defendants in the United States District Court for the District of
Delaware for infringement of a patent covering the hierarchical display of interactive links on a webpage. We filed a motion to dismiss which was
denied. The case is in its early stages. The nature of the loss contingencies relating to claims that have been asserted against us are described above.
However, no estimate of the loss or range of loss can be made. We intend to vigorously defend this action and pursue our indemnification rights, if any,
with our vendors.
On November 18, 2011 Smartfit Solutions, LLC filed suit against us and 43 other defendants in the United States District Court for the Eastern
District of Texas for infringement of a patent covering certain "methods for presenting exercise protocols to a user and evaluating the effectiveness of
the same." We tendered the defense of this action to an indemnitor which accepted the defense. We have answered the complaint. The case is in its early
stages. The nature of the loss contingencies relating to claims that have been asserted against us are described above. However, no estimate of the loss
or range of loss can be made. We intend to vigorously defend this action and pursue our indemnification rights with our vendors.
On January 27, 2012, Pragmatus Telecom, LLC filed suit against us in the United States District Court for the District of Delaware for
infringement of two patents covering a system for coordinating data and voice communications via customer contact channel changing system using
voice over IP and infringement of one patent for coordinating data and voice communications via customer contact channel changing system. We have
answered the complaint. We tendered the defense of the case to an indemnitor, who has accepted the defense and moved to stay the case against us
pending the disposition of a declaratory action which the indemnitor brought against Pragmatus Telecom. The case against us was stayed July 10, 2012,
pending resolution of the declaratory action. The nature of the loss contingencies relating to claims that have been asserted against us are described
above. However, no estimate of the loss or range of loss can be made. We intend to vigorously defend this action and pursue our indemnification rights
with our vendors.
On March 1, 2012, H-W Technology, L.C. filed suit against us in the United States District Court in the Northern District of Texas for
infringement of a patent entitled "Internet Protocol (IP) Phone with Search and Advertising Capability." We have answered the complaint. The case is in
its early stages. The nature of the loss contingencies relating to claims that have been asserted against us are
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