Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1043

Declaration of Nathan Sabri in Support of #1042 Opposition/Response to Motion, #1041 Administrative Motion to File Under Seal Apple Inc.'s Opposition to Samsung's Motion to Enforce April 12, 2012 Order filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Related document(s) #1042 , #1041 ) (Jacobs, Michael) (Filed on 6/5/2012)

DECLARATION OF NATHAN SABRI IN
SUPPORT OF APPLE’S OPPOSITIONS TO
SAMSUNG’S MOTION FOR SANCTIONS AND
MOTION TO ENFORCE

EXHIBIT 21

Case 1:05-cv-03408-WMN Document 5 Filed 05/11/06 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
____________________________________
)
QRG, Ltd.
)
d/b/a Quantum Research Group
)
1 Mitchell Point
)
Ensign Way, Hamble
)
Southampton S031 4RF United Kingdom )
)
Civil Action No.
Plaintiff
)
v.
)
)
APPLE COMPUTER COMPANY, INC.
)
1 Infinite Loop, M/S 3-PAT
)
Cupertino, CA 95401-2084
)
)
Cypress Semiconductor/MicroSystems, Inc. )
198 Champion Ct.
)
San Jose, CA 95134
)
)
and
)
)
FINGERWORKS LTD.
)
1209 Orange Street
)
Wilmington, Delaware 19801
)
)
Defendants
)
____________________________________)

AMENDED COMPLAINT FOR PATENT INFRINGEMENT
AND INJUNCTIVE RELIEF
Plaintiff, QRG, Ltd (Quantum), complains of Defendants, Apple, Cypress and
FingerWorks, as follows:
JURISDICTION AND VENUE
1.

This is an action for patent infringement under Title 35 United States Code.

2.

This Court has jurisdiction of this action under 28 U.S.C. §§ 1331, 1338(a).

3.

Plaintiff, Quantum is a corporation organized under the laws of England and

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Wales and registered as QRG, Ltd. is the owner of United States Letters Patent Number
5,730,165.
4.

Defendant Apple is, upon information and belief, a corporation existing under the

law of the state of California. Apple is engaged in making and using products which utilize
capacitive field sensing as taught and claimed in the '165 patent in suit and is offering for sale
and selling or licensing such products covered under the claims of the '165 patent in suit.
Apple does substantial business in Maryland has sold infringing product in the State of
Maryland, in this Judicial District. Venue is proper in this District as to Defendant Apple under
28 U.S.C. §1391(b) and §1400(a).
5.

Defendant Cypress is, upon information and belief, a corporation existing under

the laws of the State of California. Cypress is engaged in making and selling product covered
under the claims of the '165 patent in suit and is offering for sale and selling or licensing such
products covered under the claims of the '165 patent in suit, generally known as capacitively
actuated switches and including a product identified as CY8C21x34 PSoC™ Mixed-Signal
Array. Cypress products are included in products which are distributed widely through out the
United States, including substantial business and sales of infringing product in the State of
Maryland, in this Judicial District. Venue is proper in this District as to Defendant Cypress under
28 U.S.C. §1391(b) and §1400(a).
6.

Defendant FingerWorks is, upon information and belief, a corporation existing

under the laws of the State of Delaware. FingerWorks is engaged in making and selling
components, including electronic chips covered under the claims of the '165 patent in suit and is
offering for sale and selling or licensing such components using the patented methods and
software and systems covered under the claims of the '165 patent in suit. FingerWorks products

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are included in products which are distributed widely through out the United States, including
substantial business and sales of infringing product in the State of Maryland, in this Judicial
District. Venue is proper in this District as to Defendant FingerWorks under 28 U.S.C. §1391(b)
and §1400(a).
GENERAL ALLEGATIONS
7.

Harald Philipp, invented a time domain capacitive field detector for measuring

the capacitance of a plate to ground. Mr. Philipp filed a patent application entitled TIME
DOMAIN CAPACITIVE FIELD DETECTOR for the protection of his invention. The patent
application was subsequently examined by the United States Patent and Trademark office, and
issued on March 24, 1998. Plaintiff Quantum subsequently obtained the rights to the '165 patent
from Mr. Philipp.
8.

The '165 patent teaches a capacitive field sensor using charge transfer.

9.

Plaintiff is the owner of United States Patent Number 5,730,165 granted on

March 24, 1998 on an application originally filed on December 26, 1995, because the United
States Patent and Trademark Office, after careful examination, determined this invention to be
New, Useful and Unobvious.
10.

One embodiment for the technique for capacitive charge detection taught in the

'165 patent and implemented in the apparatus and methods claimed therein is illustrated by
exemplary claim 42, which reads as follows:
42. A method of operating a capacitive sensor for sensing the
presence of an object proximate a sensing plate by measuring a
change in a capacitance to an electrical ground, the method
comprising the steps of:
a) setting an output of a charge detector to a first predetermined
voltage, the charge detector comprising filter means;

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Case 1:05-cv-03408-WMN Document 5 Filed 05/11/06 Page 4 of 12

b) charging the plate from a voltage source to a second
predetermined voltage;
c) discharging, for a predetermined discharging interval, the plate
into the charge detector;
d) repeating steps b) through c); and
e) reading an output of the charge detector as a representation of
the capacitance of the plate.
11.

The components of FingerWorks and/or Cypress alone or when combined with

other components and/or when combined into the products of Apple, either separately or
together and/or with other components, measure a change in a capacitance, by setting an output
of a charge detector to a first predetermined voltage, charging to a second predetermined
voltage, discharging, for a predetermined discharging interval, and reading an output of the
charge detector as a representation of capacitance.
12. The accused products of Apple, in performing their intended functions, measure a
change in a capacitance, by setting an output of a charge detector to a first predetermined
voltage, charging to a second predetermined voltage, discharging, for a predetermined
discharging interval, and reading an output of the charge detector as a representation of
capacitance.
13.

Each of the Defendants, Apple Cypress and FingerWorks, have been contacted

and notified of Plaintiff's rights in the '165 patent and the infringement. Defendants have refused
to cease infringement.
COUNT I
PATENT INFRINGEMENT APPLE
14.

Plaintiff realleges each and every allegation set forth above and incorporates them

herein by reference.

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15.

Plaintiff owns and has at all times owned and has had standing to sue for

infringement of United States Letters Patent 5,730,165 which was duly and legally issued on
March 24, 1998.
16.

The '165 patent properly names Harald Philipp as inventor, is entitled "TIME

DOMAIN CAPACITIVE FIELD DETECTOR" and includes independent Claims 1, 6,
21, 28, 33, 42, 50 and 58. Apple infringes at least claims 42 - 62.
17.

Upon information and belief, Defendant Apple has infringed and continues to

infringe the apparatus claims of the '165 patent.
18.

Upon information and belief, Defendant Apple has infringed and continues to

infringe the method claims of the '165 patent.
19.

Upon information and belief, Defendant Apple has infringed and continues to

infringe the claims of the '165 patent by manufacturing or causing to be manufactured,
distributing, using, selling and licensing products which infringe the claims of the '165 patent, by
using the invention claimed in the '165 patent, by manufacturing or causing to be manufactured,
distributing, using, selling and licensing products which infringe the method claims of the '165
patent in their operation.
20.

Plaintiff is entitled to recover from the Defendant Apple the damages sustained as

a result of Defendant's infringing acts.
21.

Defendant Apple has been notified of Plaintiff's rights in the '165 patent and of

Plaintiff's intent to enforce those rights. Defendant has, with full knowledge of those rights,
wilfully proceeded to infringe in disregard of Plaintiff's rights.

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COUNT II
PATENT INFRINGEMENT FINGERWORKS
22.

Plaintiff realleges each and every allegation set forth above and incorporates them

herein by reference.
23.

Plaintiff owns and has at all times owned and has had standing to sue for

infringement of United States Letters Patent 5,730,165 which was duly and legally issued on
March 24, 1998.
24.

The '165 patent properly names Harald Philipp as inventor, is entitled "TIME

DOMAIN CAPACITIVE FIELD DETECTOR" and includes independent Claims 1, 6,
21, 28, 33, 42, 50 and 58. FingerWorks infringes at least claims 42 - 62 .
25.

Upon information and belief, Defendant FingerWorks has infringed and continues

to infringe the apparatus claims of the '165 patent.
26.

Upon information and belief, Defendant FingerWorks has infringed and continues

to infringe the method claims of the '165 patent.
27.

Upon information and belief, Defendant FingerWorks has directly infringed and

continues to infringe by manufacture, use, sales and offers for sale of products made according
to the invention claimed in the ‘165 patent.
28.

Upon information and belief, Defendant FingerWorks has contributed to the

infringement and continues to contribute to infringement by manufacture, use, sales and offers
for sale of products incorporated into the final infringing product made according to the
invention claimed in the ‘165 patent. The actions of FingerWorks are activities of contributory
infringement of the claims of the ‘165 patent.
29.

Defendant FingerWorks includes product information which provides instruction

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for using the FingerWorks products in a manner which infringes the claims of the ‘165 patent.
The actions of FingerWorks are activities which induce infringement of the claims of the ‘165
patent.
30.

Upon information and belief, Defendant FingerWorks infringes the claims of the

'165 patent.
31.

Upon information and belief, Defendant FingerWorks contributorily infringes the

claims of the '165 patent.
32.

Upon information and belief, Defendant FingerWorks induces infringement of the

claims of the '165 patent.
33.

Upon information and belief, Defendant FingerWorks has infringed and continues

to infringe the claims of the '165 patent by manufacturing or causing to be manufactured,
distributing, using, selling, offering for sale and licensing products which infringe the claims of
the ‘165 patent, by using the invention claimed in the ‘165 patent, by manufacturing or causing
to be manufactured, distributing, using, selling, offering for sale and licensing products which
infringe the method claims of the '165 patent in their operation.
34.

Plaintiff is entitled to recover from the Defendant FingerWorks the damages

sustained as a result of Defendant’s infringing acts.
35.

Defendant FingerWorks has been notified of Plaintiff's rights in the '165 patent

and of Plaintiff's intent to enforce those rights. Defendant has, with full knowledge of those
rights, wilfully proceeded to infringe in disregard of Plaintiff's rights.

COUNT III
PATENT INFRINGEMENT CYPRESS
36.

Plaintiff realleges each and every allegation set forth above and incorporates them

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herein by reference.
37.

Plaintiff owns and has at all times owned and has had standing to sue for

infringement of United States Letters Patent 5,730,165 which was duly and legally issued on
March 24, 1998.
38.

The '165 patent properly names Harald Philipp as inventor, is entitled "TIME

DOMAIN CAPACITIVE FIELD DETECTOR" and includes independent Claims 1, 6,
21, 28, 33, 42, 50 and 58. Cypress infringes at least claims 42 - 62.
39.

Upon information and belief, Defendant Cypress has infringed and continues to

infringe the apparatus claims of the '165 patent.
40.

Upon information and belief, Defendant Cypress has infringed and continues to

infringe the method claims of the '165 patent.
41.

Upon information and belief, Defendant Cypress has directly infringed and

continues to infringe by manufacture, use, sales and offers for sale of products made according
to the invention claimed in the ‘165 patent.
42.

Upon information and belief, Defendant Cypress has contributed to the

infringement and continues to contribute to infringement by manufacture, use, sales and offers
for sale of products incorporated into the final infringing product made according to the
invention claimed in the ‘165 patent. The actions of Cypress are activities of contributory
infringement of the claims of the ‘165 patent.
43.

Defendant Cypress provides products, including chips and provides information

which instruct the use of Cypress products in a manner which infringes the claims of the ‘165
patent. The actions of Cypress are activities which induce infringement of the claims of the ‘165
patent.
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44.

Upon information and belief, Defendant Cypress infringes the claims of the '165

45.

Upon information and belief, Defendant Cypress contributorily infringes the

patent.

claims of the '165 patent.
46.

Upon information and belief, Defendant Cypress induces infringement of the

claims of the '165 patent.
47.

Upon information and belief, Defendant Cypress has infringed and continues to

infringe the claims of the '165 patent by manufacturing or causing to be manufactured,
distributing, using, selling, offering for sale and licensing products which infringe the claims of
the ‘165 patent, by using the invention claimed in the ‘165 patent, by manufacturing or causing
to be manufactured, distributing, using, selling, offering for sale and licensing products which
infringe the method claims of the '165 patent in their operation.
48.

Plaintiff is entitled to recover from the Defendant Cypress the damages sustained

as a result of Defendant’s infringing acts.
49.

Defendant Cypress has been notified of Plaintiff's rights in the '165 patent and of

Plaintiff's intent to enforce those rights. Defendant has, with full knowledge of those rights,
wilfully proceeded to infringe in disregard of Plaintiff's rights.

COUNT IV
DEFAMATION

50.

Plaintiff realleges each and every allegation as set forth above and incorporates

them herein by reference.
51.

On multiple occasions, Defendant Cypress has published to third parties false and

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defamatory statements disparaging Plaintiff Quantum and Plaintiff Quantum's products and
Plaintiff's business reputation.
52.

Cypress' defamatory statements to third parties have included false disparagement

of the products of Quantum and false claims of origin and innovation by Cypress. Such false
claims include false disparagement of Quantum's products, claims of origination for current
transfer and charge transfer techniques for capacitive touch sensing, claims of credit for
invention of Apple iPod design, and inaccurate comparison of Cypress and Quantum designs.
53.

Cypress has made the aforementioned false and defamatory statements with

malice and/or negligence. Quantum has suffered harm as a result of Cypress's false and
defamatory statements.
COUNT V
FALSE LIGHT
54.

Plaintiff realleges each and every allegation set forth above and incorporates them

herein by reference.
55.

Cypress's aforementioned false and defamatory statements have portrayed

Quantum in a false light before the public at large.
56.

Cypress had knowledge of and/or acted in a reckless disregard as to the falsity of

its statements regarding Quantum and the false light in which Cypress' statements portrayed
Quantum.
57.

A reasonable person would find Cypress' false portrayal of Quantum highly

offensive.
58.

Quantum has suffered harm as a result of Cypress' portrayal of Quantum in a false

light.

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COUNT VI
UNFAIR COMPETITION
59.

Plaintiff realleges each and every allegation set forth above and incorporates them

herein by reference.
60.

Cypress' aforementioned false and defamatory statements constitute deceitful and

unfair practices that have damaged and/or jeopardized Quantum's business.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgement against Defendants as follows:
61.

That Defendants be held to have infringed the '165 patent.

62.

That Defendants, their directors, officers, agents, servants, employees and all

other persons in active concert or privity or in participation with them, be enjoined from directly
or indirectly infringing Plaintiff's patent.
63.

That Defendants be enjoined to deliver upon oath, to be impounded during the

pendency of this action, and delivered to Plaintiff pursuant to judgement herein, all originals,
copies, facsimiles, or duplicates of any product and/or software shown by the evidence to
infringe any of Plaintiff's patent.
64.

That Defendants be required to file with the Court and to serve on Plaintiff,

within 30 days after service of the Court's order as herein prayed, a report in writing under oath
setting forth in detail the manner and form in which Defendants have complied with the Court's
order.
65.

That judgement be entered for Plaintiff against Defendants, for Plaintiff's actual

damages, including but not limited to lost profits, according to proof, and for any additional
profits attributable to infringements of Plaintiff's patent.
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66.

That judgement be entered for Plaintiff against Defendants, for statutory damages

based upon Defendants' acts of patent infringement and for its other violations of law.
67.

That Defendants be required to account for all gains, profits, and advantages

derived from its acts of infringement and for its other violations of law.
68.

That judgement be entered for Plaintiff and against Defendants, for trebling of the

damages awarded for patent infringement.
69.

Award Quantum special damages, general damages and punitive damages on

Counts IV, V and VI.
70.

Enjoin Defendant Cypress from making any further false and/or defamatory

statements regarding Quantum;
71.

That Plaintiff have judgement against the Defendants for Plaintiff's costs and

attorney's fees.
72.

That the Court grant such other, further, and different relief as the Court deems

proper under the circumstances.
DEMAND FOR JURY TRIAL
Plaintiff hereby requests and demands a trial by jury on all issues so triable.

Respectfully submitted,
/s/ Joseph J. Zito
Joseph J. Zito 5,640
ZITO tlp
26005 Ridge Road, Suite 203
Damascus, Maryland 20872
Tel: [phone]
Fax: [phone]
[e-mail]

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