Emblaze Ltd. v. Apple Inc.

Filing 76

Declaration of Lisa A. Ferrari in Support of 75 Motion for Leave to Amend Complaint, filed by Emblaze Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 75 ) (Ferrari, Lisa) (Filed on 12/15/2011) Modified on 12/16/2011 (jlm, COURT STAFF).

EXHIBIT A

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,MARTIN L. FINEMAN (CA_State Bar No. 104413)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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MARTIN B. PAVANE (admitted pro hac vice)
LISA A. FERRARI (admitted pro hac vice)
COZEN O'CONNOR
277 Park Avenue
New York, New York 10172
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
lferrari(&,cozen.com

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN-NORTHERN DISTRICT OF CALIFORNIANE-W-YORK
,OAKLAND DIVISION

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EMBLAZE LTD.
Plaintiff,
vs.

)

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APPLE INC., A CALIFORNIA CORPORATION, )
Defendant.
)

Case No: 4:11-cv-01079-SBA
[PROPOSED] FIRST AMENDED
COMPLAINT FOR PATENT
INFRINGEMENT
(Trial by Jury Demanded)

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IPR0P05ED1 FIRST AMENDED

COMPLAINT FOR PATENT INFRINGEMENT

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Plaintiff, Emblaze, Ltd. ("Emblaze"), formerly known as Geo Interactive Media Group, Ltd.,

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for its Complaint against Defendant, Apple Inc. ("Apple"), alleges as follows:
I.

PARTIES
1.

Emblaze is an intemational-Israeli corporation doing business world wide in

development and marketing of innovative high-tech technologies and products. Emblaze's main
offices are situated at Emblaze House, 22 Zarhin Street, Ra'anana, Israel 43662.
2.

Emblaze is a publicly held company with shares registered and traded on the main

London stock exchange continuously since 1996.

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3.

Upon information and belief, Apple is a California corporation, doing business

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worldwide, with its principal offices situated in this district, at One Infinite Loop, Cupertino,

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California 95014.

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Emblaze maintains several regular and established places of business, and this dif3trict

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the subject matter of this claim.

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5.

Upon information and belief, Apple maintains several regular and established places

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II.

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474.

Subject matter jurisdiction is based on 28 U.S.C. §§ 1331 and 1338(a), in that this

action arises under the patent laws of the United States (35 U.S.C. § 1, et seq.).

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JURISDICTION AND VENUE

775.

III.

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Venue lies in this Court pursuant to 28 U.S.C. §§ 1391(b)-(c) and 1400(b).

COUNT I
876.

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PATENT INFRINGEMENT

Emblaze is the owner of several United States Patents, including U.S. Patent No.

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6,389,473 ("the '473 Patent"). A true and correct copy of the '473 Patent is attached hereto as Exhibit

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A.

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977.

The '473 patent claims methods for real-time broadcasting over a network, such as

over the Internet.
4-078. Emblaze developed the technology described and claimed in the '473 patent and has
used this technology in its products.
1 1 .9.

Emblaze first unveiled the technology described and claimed in the '473 patent in a

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live video streaming broadcast from the White House during Easter, 1998. Emblaze's live streaming

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technology allows transmission of live audio and video to multiple devices, saves on data traffic,

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does not require devoted streaming servers, and allows reliable streaming even through firewalls.

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4-2710. Upon information and belief, Apple has used and continues to use, sold and/or

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offered to sell in New York and elsewhere and/or imported into New York and elsewhere products

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incorporating "HTTP Live Streaming Standard technology" that have been and can be used for real-

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time broadcasting and that infringe one or more of at least claims 1, 2, 8, 9, 10, 11, 12, 13, 14, 18, 19

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and 21 23, 24, 25, 26, 27, 28, 29, 36, 37, 38, 40, and 41 of the '473 patent in violation of 35 U.S.C. §

2 271.
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Apple announced the introduction of its HTTP Live Streaming Standard technology

4 into its products on or about mid-2009, and such technology is embedded into Apple's best selling
5 products in this district and world wide (iPhone; iPod Touch; iPad; and Quick Time X which is part
6 of Apple's Snow Leopard operating system installed in MAC notebooks and desktop
7 computers).(e.g., all Apple devices including Apple Stream Segmenter software or Apple File
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Segmenter software (components of HTTP Live Streaming included with MAC OS X version 10.6

9 and later, and available for download on the internet), including Macbook Air, Macbook, Macbook
10 Pro, Mac mini, iMac and Mac Pro; all Apple devices including Apple's Safari browser version 5 and
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later for Mac OS, and available for download on the internet, included in Macbook Air, Macbook,

12 Macbook Pro, Mac mini, iMac and Mac Pro; all Apple devices including Apple's Quicktime X and
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later, and available for download on the internet, included in Macbook Air, Macbook, Macbook Pro,

14 Mac mini, iMac and Mac Pro; all Apple devices including Apple iOS 3.0 and later, included in iPod
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touch 3 rd and 4th generations (1Ast and 2nd generations of iPod touch software upgradable to support

16 HTTP Liye Streaming), iPhone 3GS, 4 and 4S (iPhone and iPhone 3G software upgradable to
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su 111ort HTTP Live Streamin iPad 1 and 2 and A. s le TV 4.0 4.3 and 4.4 all devices includin

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iTunes 10.1 and later.

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1/.12. Upon information and belief, the acts of infringement by Apple are willful,

20 intentional and in conscious disregard of Emblaze's rights under the '473 patent.
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4-5,13. Shortly after Apple's CEO, Steve Jobs, announced Apple's adoption of the HTTP

22 Live Streaming Standard technology into its products, Emblaze informed Apple that Apple's HTTP
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Live Streaming Standard technology infringes the '473 patent and offered Apple a license to practice

24 under the '473 patent.
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44A4. To date, Apple has declined to take a license under the '473 patent.

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-1-7715. As a result of Apple's infringement of the claims of the '473 patent, Apple has made

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deprived of revenue that it would otherwise have generated but for such infringement.

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18.16 Emblaze has been and will continue to be irreparably harmed by Apple's infringement
of the '473 patent.

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19.17. The extent of Emblaze's damages cannot be determined except by an accounting.
IV.

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JURY DEMAND
Pursuant to Fed. R. Civ. P. 38(b), Emblaze requests a trial by jury.

V.

PRAYER FOR RELIEF
Wherefore, Emblaze prays for relief as follows:

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A.

A judgment that Apple has infringed the '473 Patent in violation of 35 U.S.C.

B.

An order enjoining and restraining Apple, its officers, directors, agents,

§§§ 271(a)-(c);

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servants, employees, affiliates, attorneys and all others in active concert or participation with Apple,

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from infringing the '473 Patent, pursuant to 35 U.S.C. § 283;

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C.

A judgment awarding Emblaze its damages, but not less than a reasonable

royalty, resulting from Apple's infringement, pursuant to 35 U.S.C. § 284;
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An accounting of Apple's revenue from the sale, licensing or other distribution

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of Apple's infringing products;

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E.

A judgment that Apple's acts of infringement have been in willful, knowing,

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and deliberate disregard of Emblaze's patent rights, and awarding Emblaze enhanced damages

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pursuant to 35 U.S.C. § 284;

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F.

A judgment awarding Emblaze its costs, disbursements, and attorneys' fees

incurred in prosecuting this action pursuant to 35 U.S.C. §§ 284 and/or 285;
G.

A judgment awarding Emblaze pre- and post-judgment interest on any

monetary award; and

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H.

Such other relief as the Court may deem just, equitable, and proper.
COHEN PONTANI LIEBERMAN & PAVANE, LLP

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Date: July 28, 2010

By:

DATED: December , 2011

Martin B. Pavane (MP 1871)
Edward M. Weisz (EW 4461)
Roger S. Thompson (RT 211-7)
551 Fifth Avenue
New York, New York 10176
Attorneys for Plaintiff Emblaze, Ltd.
DAVIS WRIGHT TREMAINE LLP

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By: /s Martin L. Fineman
Martin L. Fineman

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MARTIN L. FINEMAN (CA State Bar No. 104413)
505 Montgomery Street, Suite 800
San Francisco, CA 94111
[phone]
Telephone:
[phone]
Facsimile:
[e-mail]
Email:

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COZEN O'CONNOR
Martin B. Pavane (admitted pro hac vice)
Lisa A. Ferrari (admitted pro hac vice)
277 Park Avenue
New York, New York 10172
[phone]
Telephone:
[phone]
Facsimile:
[e-mail]
Email:
[e-mail]

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Attorneys for Plaintiff
Emblaze Ltd,

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