Overstock.com 2011 Annual Report Download - page 128

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Table of Contents
Overstock.com, Inc.
Notes to Consolidated Financial Statements (Continued)
13. COMMITMENTS AND CONTINGENCIES (Continued)
providing to purchasers a substitution recommendation for goods offered for purchase on a website. We answered the complaint and filed a declaratory
judgment counterclaim. We have since settled this matter, providing plaintiff a declaration. No money was paid to Walker Digital in settlement of its claim.
The case has been dismissed.
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 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 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
have not 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 December 29, 2011 The Tobin Family Education and Health Foundation filed suit against us in the United States District Court for the District of
New Jersey for infringement of a patent covering a method and system for customizing marketing services on networks communication with hypertext
tagging conventions. We have not 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 not yet 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 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 not been served, nor have we answered the complaint.The
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