Adaptix, Inc. v. Apple, Inc. et al

Filing 1

COMPLAINT against Apple, Inc., Cellco Partnership ( Filing fee $ 350 receipt number 0540-3484567.), filed by Adaptix, Inc.. (Attachments: # 1 Exhibit A - US 7,454,212, # 2 Exhibit B - US 6,947,748, # 3 Civil Cover Sheet)(Hill, Jack)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION

ADAPTIX, INC.,
Plaintiff,
v.
APPLE, INC., and
CELLCO PARTNERSHIP d/b/a
VERIZON WIRELESS,
Defendants.

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Civil Action No. 6:12cv124
JURY TRIAL DEMANDED

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which plaintiff, ADAPTIX, Inc.
(“ADAPTIX”), complains against defendants, Apple, Inc. (“Apple”) and Cellco Partnership
d/b/a Verizon Wireless (“Verizon”), as follows:
THE PARTIES
1.

ADAPTIX is a Delaware corporation with its principal place of business at

4100 Midway Road, Suite 2010, Carrollton, Texas 75007.
2.

On information and belief, Apple is a California corporation with a principal

place of business at 1 Infinite Loop, Cupertino, California 95014 and does business in this
judicial district at 6121 West Park Boulevard, Plano, Texas 75093 and by, among other
things, committing directly and/or indirectly the tort of patent infringement giving rise to this
complaint. Apple’s registered agent for service of process in Texas is CT Corporation
System, 350 N. St. Paul St., Dallas, Texas 75201

06014197

3.

On information and belief, Verizon is a Delaware corporation with its principal

place of business at 1 Verizon Way, Basking Ridge, New Jersey 07920 and does business
throughout this judicial district and by, among other things, committing directly and/or
indirectly the tort of patent infringement giving rise to this complaint. Verizon’s registered
agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite
400, Wilmington, Delaware 19808. Alternatively, Verizon may be served with process by
serving the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute,
Texas Civil Practice & Remedies Code § 17.044 and asking the Secretary of State to serve
Verizon at its principal place of business at1 Verizon Way, Basking Ridge, New Jersey
07920.
JURISDICTION AND VENUE
4.

This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
and 1338(a).
5.

Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b-c) and

1400(b). On information and belief, each defendant has purposely transacted business in this
judicial district and has committed acts of joint, direct and/or indirect infringement in this
judicial district.
6.

On information and belief, each defendant is subject to this Court’s specific

and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute,
due at least to their substantial business in this forum, including: (A) at least part of their
infringing activities alleged herein, and (B) regularly doing or soliciting business, engaging in

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others persistent causes of conduct, and/or deriving substantial revenue from goods and
services provided to persons and other entities in Texas and this judicial district.
COUNT I
(INFRINGEMENT OF U.S. PATENT NO. 7,454,212)
7.

ADAPTIX is the owner by assignment of United States patent number

7,454,212, entitled “OFDMA WITH ADAPTIVE SUBCARRIER-CLUSTER
CONFIGURATION AND SELECTIVE LOADING” (“the ‘212 Patent”) with ownership of
all substantial rights in the ‘212 Patent, including the right to exclude others and to sue and
recover damages for the past and future infringement thereof. A true and correct copy of the
‘212 Patent is attached as Exhibit A.
8.

On information and belief, Apple is directly and/or indirectly infringing at least

one claim of the ‘212 Patent in this judicial district and elsewhere in Texas and the United
States by, among other things, making, using, offering for sale, selling and/or importing
computerized devices including without limitation Retina display iPads sold to Verizon
which, at a minimum, directly infringe the ‘212 Patent. Apple is thereby liable for
infringement of the ‘212 Patent pursuant to 35 U.S.C. § 271. Apple’s infringement has
caused damage to ADAPTIX, which infringement by defendants and damage to ADAPTIX
will continue unless and until Apple is enjoined.
9.

On information and belief, Verizon is directly and/or indirectly infringing at

least one claim of the ‘212 Patent in this judicial district and elsewhere in Texas and the
United States by, among other things, making, using, offering for sale, selling and/or
importing computerized devices including without limitation Retina display iPads which, at a
minimum, directly infringe the ‘212 Patent. Verizon is thereby liable for infringement of the
‘212 Patent pursuant to 35 U.S.C. § 271. Verizon’s infringement has caused damage to

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ADAPTIX, which infringement and damage will continue unless and until Verizon is
enjoined.
10.

Defendants directly contribute and induce infringement through supplying

infringing systems and components to customers. Defendants’ customers who purchase
systems and components thereof and operate such systems and components thereof in
accordance with defendants’ instructions directly infringe one or more claims of the ‘212
Patent in violation of 35 U.S.C. § 271.
11.

The infringement by each defendant identified in this Count has caused

irreparable injury to ADAPTIX for which remedies at law are inadequate. Considering the
balance of the hardships between the parties, a remedy in equity, such as a permanent
injunction is warranted and such a remedy would be in the public interest.
COUNT II
(INFRINGEMENT OF U.S. PATENT NO. 6,947,748)
12.

ADAPTIX is the owner by assignment of United States patent number

6,947,748 entitled “OFDMA WITH ADAPTIVE SUBCARRIER-CLUSTER
CONFIGURATION AND SELECTIVE LOADING” (“the ‘748 patent”) with ownership of
all substantial rights in the ‘748 patent, including the right to exclude others and to sue and
recover damages for the past and future infringement thereof. A true and correct copy of the
‘748 patent is attached as Exhibit B.
13.

On information and belief, Apple is directly and/or indirectly infringing at least

one claim of the ‘748 Patent in this judicial district and elsewhere in Texas and the United
States by, among other things, making, using, offering for sale, selling and/or importing
computerized communications devices including without limitation Retina display iPads sold
to Verizon which, at a minimum, directly infringe the ‘748 Patent. Apple is thereby liable for

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infringement of the ‘748 Patent pursuant to 35 U.S.C. § 271. Apple’s infringement has
caused damage to ADAPTIX, which infringement by defendants and damage to ADAPTIX
will continue unless and until Apple is enjoined.
14.

On information and belief, Verizon is directly and/or indirectly infringing at

least one claim of the ‘748 patent in this judicial district and elsewhere in Texas and the
United States by, among other things, making, using, offering for sale, selling and/or
importing computerized devices including without limitation Retina display iPads which, at a
minimum, directly infringe the ‘748 patent. Verizon is thereby liable for infringement of the
‘748 patent pursuant to 35 U.S.C. § 271. Verizon’s infringement has caused damage to
ADAPTIX, which infringement and damage will continue unless and until Verizon is
enjoined.
15.

Defendants directly contribute and induce infringement through supplying

infringing systems and components to customers. Defendants’ customers who purchase
systems and components thereof and operate such systems and components thereof in
accordance with defendants’ instructions directly infringe one or more claims of the ‘748
patent in violation of 35 U.S.C. § 271.
16.

The infringement by each defendant identified in this Count has caused

irreparable injury to ADAPTIX for which remedies at law are inadequate. Considering the
balance of the hardships between the parties, a remedy in equity, such as a permanent
injunction is warranted and such a remedy would be in the public interest.

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PRAYER FOR RELIEF
Wherefore, ADAPTIX respectfully requests that this Court enter:
A.

Judgment in favor of ADAPTIX that each defendant has infringed the ‘212 and

‘748 patents as aforesaid;
B.

A permanent injunction enjoining each defendant, its officers, directors,

agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents and all others
acting in active concert or privity therewith from direct, indirect and/or joint infringement of
the ‘212 and ‘748 patents pursuant to 35 U.S.C. § 283;
C.

Judgment and order requiring each defendant to pay ADAPTIX its damages

with pre- and post-judgment interest thereon pursuant to 35 U.S.C. § 284;
D.

Any and all further relief to which the Court may deem ADAPTIX entitled.
DEMAND FOR JURY TRIAL

ADAPTIX requests a trial by jury on all issues so triable by right pursuant to Fed. R.
Civ. P. 38.

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Date: March 9, 2012

ADAPTIX, INC.
By: /s/ Paul J. Hayes (w/permission W. Hill)
Paul J. Hayes – LEAD ATTORNEY
Dean G. Bostock
HAYES, BOSTOCK & CRONIN LLC
300 Brickstone Square, 9th Fl.
Andover, Massachusetts 01810
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
T. John Ward, Jr.
Texas State Bar. No. 00794818
J. Wesley Hill
Texas State Bar. No. 24032294
WARD & SMITH LAW FIRM
P.O. Box 1231
Longview, Texas 75606
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
ATTORNEYS FOR THE PLAINTIFF
ADAPTIX, INC.

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