Apple Inc. v. High Tech Computer Corp. et al

Filing 38

First AMENDED COMPLAINT against Exedea Inc., HTC (BVI) Corp., HTC America Inc., High Tech Computer Corp.- filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B part 1, # 3 Exhibit B part 2, # 4 Exhibit C-E, # 5 Exhibit F, # 6 Exhibit G-H)(Herrmann, Richard)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE APPLE INC., Plaintiff, vs. High Tech Computer Corp., a/k/a HTC Corp., HTC (B.V.I.) Corp., HTC America, Inc., Exedea, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

CA No. 10-00167-RK JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Apple Inc. ("Apple"), for its First Amended Complaint against High Tech Computer Corp., a/k/a/ HTC Corp. ("HTC Corp."), HTC (B.V.I.) Corp. ("HTC BVI"), HTC America, Inc. ("HTC America"), and Exedea, Inc. ("Exedea") (collectively, "Defendants"), hereby alleges as follows: The Parties 1. Plaintiff Apple is a corporation organized under the laws of the state of California

with its principal place of business at 1 Infinite Loop, Cupertino, California 95014. Apple is a leading designer and manufacturer of innovative computer technologies, including personal computers, mobile communications devices, portable digital music and video players, and related software. 2. Upon information and belief, Defendant HTC Corp. is a corporation organized

and existing under the laws of Taiwan with its principal place of business at 23 Xinghau Road, Taoyuan 330, Taiwan, Republic of China. Upon information and belief, Defendant HTC Corp.

is engaged in the design, manufacture, importation into the United States, and sale after importation of mobile communication devices and services. 3. Upon information and belief, Defendant HTC BVI is a wholly-owned subsidiary

of Defendant HTC Corp. and is incorporated under the laws of the British Virgin Islands with its principal place of business at 3F, Omar Hodge Building, Wickhams Cay I, P.O. Box 362, Road Town, Tortola, British Virgin Islands. Upon information and belief, Defendant HTC BVI is engaged in global investing and related activities on behalf of its parent, Defendant HTC Corp. and is itself a parent company of additional Defendants. 4. Upon information and belief, Defendant HTC America is a wholly-owned

subsidiary of Defendant HTC BVI and is incorporated under the laws of the state of Texas, with its principal place of business at 13920 SE Eastgate Way, Suite 400, Bellevue, Washington 98005. Upon information and belief, Defendant HTC America performs several services to support the importation and sale of mobile communication devices produced by HTC Corp. into and within the United States, including marketing, repair, and after-sale services of mobile communication devices. 5. Upon information and belief, Defendant Exedea is a wholly-owned subsidiary of

Defendant HTC BVI and is incorporated under the laws of the state of Texas with its principal place of business at 5950 Corporate Drive, Houston, Texas 77036. Upon information and belief, Defendant Exedea imports mobile communication devices produced by HTC Corp. into the United States and distributes and sells such mobile communication devices after their importation. Nature of the Action 6. This is an action brought by Apple against Defendants for Defendants' Specifically, Apple seeks remedies for Defendants' 2

infringement of Apple's patents.

infringement of Apple's U.S. Patent Nos. 7,362,331 ("the `331 Patent"), 7,479,949 ("the `949 Patent"), 7,469,381 ("the `381 Patent"), 5,920,726 ("the `726 Patent"), 7,633,076 ("the `076 Patent"), 5,848,105 ("the `105 Patent"), 5,455,599 ("the `599 Patent"), and 6,424,354 ("the `354 Patent") (collectively, "the Asserted Patents").1 Jurisdiction and Venue 7. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a) because this action arises under the patent laws of the United States. 8. This Court has personal jurisdiction over the Defendants because the Defendants

have established minimum contacts with the forum state of Delaware. Defendants, directly and/or through third-party manufactures, manufacture or assemble products that are and have been offered for sale, sold, purchased, and used within the state of Delaware. In addition, Defendants, directly and/or through their distribution networks, regularly place their products within the stream of commerce, with the knowledge and/or understanding that such products will be sold in Delaware. Thus, Defendants have purposefully availed themselves of the benefits of the state of Delaware and the exercise of jurisdiction over Defendants would not offend traditional notions of fair play and substantial justice. 9. Defendants transact business in the state of Delaware because, among other

things, Defendants manufacture and distribute products that are offered for sale, sold, purchased, and used within the state of Delaware. Defendants have also committed tortious acts of patent infringement in Delaware and are subject to personal jurisdiction in Delaware. Venue is thus proper in this district pursuant to 28 U.S.C. §§ 1391(b), (c), (d) and 1400(b).

Contemporaneously with the filing of this First Amended Complaint, Apple has filed a new action in this Court against Defendants asserting infringement of U.S. Patents Nos. 7,383,453, 7,657,849, 6,282,646, and 7,380,116. 3

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The Patents in Suit 10. The Asserted Patents cover generally various software and/or hardware

technologies that can be incorporated into mobile communication devices, including cellular phones and smart phones, among various other types of products. 11. Apple owns by assignment the entire right, title, and interest in and to the

Asserted Patents, including the right to bring this suit for injunctive relief and damages. 12. 13. All of the Asserted Patents are valid and enforceable. Upon information and belief, Defendants have infringed and continue to infringe

one or more claims of each of the Asserted Patents by engaging in acts that constitute infringement under 35 U.S.C. § 271, including but not necessarily limited to making, using, selling, and/or offering for sale, in Delaware and elsewhere in the United States, and/or importing into Delaware and elsewhere in the United States, certain mobile communication devices including cellular phones and smart phones, including at least phones incorporating the Android Operating System (collectively, "the Accused Products"). COUNT I - INFRINGEMENT OF U.S. PATENT NO. 7,362,331 14. 15. Paragraphs 1 through 13 are incorporated by reference as if fully stated herein. The `331 Patent, entitled "Time-Based, Non-Constant Translation Of User

Interface Objects Between States," was duly and legally issued on April 22, 2008 by the United States Patent and Trademark Office. A copy of the `331 Patent is attached hereto as Exhibit A. 16. Apple is the exclusive and current owner of all rights, title, and interest in the

`331 Patent, including the right to bring this suit for injunctive relief and damages. 17. Defendants have infringed and are infringing the `331 Patent by making, using,

selling, offering for sale, and/or importing, without authority, products and services that are

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covered by one or more claims of the `331 Patent, including but not limited to the Accused Products. 18. Defendants have contributed to and/or induced and will continue to contribute to

and/or induce the infringement of the `331 Patent by others in this District and elsewhere in the United States, with the direct infringement being accomplished by end users of at least the Accused Products. 19. Apple has been and continues to be damaged by Defendants' infringement of the

`331 Patent, in an amount to be determined at trial. 20. Apple has suffered irreparable injury for which there is no adequate remedy at

law and will continue to suffer such irreparable injury unless Defendants' infringement of the `331 Patent is enjoined by this Court. 21. Defendants' infringement of the `331 Patent is exceptional and entitles Apple to

attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. COUNT II - INFRINGEMENT OF U.S. PATENT NO. 7,479,949 22. 23. Paragraphs 1 through 21 are incorporated by reference as if fully stated herein. The `949 Patent, entitled "Touch Screen Device, Method, And Graphical User

Interface For Determining Commands By Applying Heuristics," was duly and legally issued on January 20, 2009 by the United States Patent and Trademark Office. A copy of the `949 Patent is attached hereto as Exhibit B. 24. Apple is the exclusive and current owner of all rights, title, and interest in the

`949 Patent, including the right to bring this suit for injunctive relief and damages. 25. Defendants have infringed and are infringing the `949 Patent by making, using,

selling, offering for sale, and/or importing, without authority, products and services that are

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covered by one or more claims of the `949 Patent, including but not limited to the Accused Products. 26. Defendants have contributed to and/or induced and will continue to contribute to

and/or induce the infringement of the `949 Patent by others in this District and elsewhere in the United States, with the direct infringement being accomplished by end users of at least the Accused Products. 27. Apple has been and continues to be damaged by Defendants' infringement of the

`949 Patent, in an amount to be determined at trial. 28. Apple has suffered irreparable injury for which there is no adequate remedy at

law and will continue to suffer such irreparable injury unless Defendants' infringement of the `949 Patent is enjoined by this Court. 29. Defendants' infringement of the `949 Patent is exceptional and entitles Apple to

attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. COUNT III - INFRINGEMENT OF U.S. PATENT NO. 7,469,381 30. 31. Paragraphs 1 through 29 are incorporated by reference as if fully stated herein. The `381 Patent, entitled "List Scrolling And Document Translation, Scaling, And

Rotation On A Touch-Screen Display," was duly and legally issued on December 23, 2008 by the United States Patent and Trademark Office. A copy of the `381 Patent is attached hereto as Exhibit C. 32. Apple is the exclusive and current owner of all rights, title, and interest in the

`381 Patent, including the right to bring this suit for injunctive relief and damages. 33. Defendants have infringed and are infringing the `381 Patent by making, using,

selling, offering for sale, and/or importing, without authority, products and services that are

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covered by one or more claims of the `381 Patent, including but not limited to the Accused Products. 34. Defendants have contributed to and/or induced and will continue to contribute to

and/or induce the infringement of the `381 Patent by others in this District and elsewhere in the United States, with the direct infringement being accomplished by end users of at least the Accused Products. 35. Apple has been and continues to be damaged by Defendants' infringement of the

`381 Patent, in an amount to be determined at trial. 36. Apple has suffered irreparable injury for which there is no adequate remedy at

law and will continue to suffer such irreparable injury unless Defendants' infringement of the `381 Patent is enjoined by this Court. 37. Defendants' infringement of the `381 Patent is exceptional and entitles Apple to

attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. COUNT IV - INFRINGEMENT OF U.S. PATENT NO. 5,920,726 38. 39. Paragraphs 1 through 37 are incorporated by reference as if fully stated herein. The `726 Patent, entitled "System And Method For Managing Power Conditions

Within A Digital Camera Device," was duly and legally issued on July 6, 1999 by the United States Patent and Trademark Office. A copy of the `726 Patent is attached hereto as Exhibit D. 40. Apple is the exclusive and current owner of all rights, title, and interest in the

`726 Patent, including the right to bring this suit for injunctive relief and damages. 41. Defendants have infringed and are infringing the `726 Patent by making, using,

selling, offering for sale, and/or importing, without authority, products and services that are covered by one or more claims of the `726 Patent, including but not limited to the Accused Products. 7

42.

Defendants have contributed to and/or induced and will continue to contribute to

and/or induce the infringement of the `726 Patent by others in this District and elsewhere in the United States, with the direct infringement being accomplished by end users of at least the Accused Products. 43. Apple has been and continues to be damaged by Defendants' infringement of the

`726 Patent, in an amount to be determined at trial. 44. Apple has suffered irreparable injury for which there is no adequate remedy at

law and will continue to suffer such irreparable injury unless Defendants' infringement of the `726 Patent is enjoined by this Court. 45. Defendants' infringement of the `726 Patent is exceptional and entitles Apple to

attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. COUNT V - INFRINGEMENT OF U.S. PATENT NO. 7,633,076 46. 47. Paragraphs 1 through 45 are incorporated by reference as if fully stated herein. The `076 Patent, entitled "Automated Response To And Sensing Of User Activity

In Portable Devices," was duly and legally issued on December 15, 2009 by the United States Patent and Trademark Office. A copy of the `076 Patent is attached hereto as Exhibit E. 48. Apple is the exclusive and current owner of all rights, title, and interest in the

`076 Patent, including the right to bring this suit for injunctive relief and damages. 49. Defendants have infringed and are infringing the `076 Patent by making, using,

selling, offering for sale, and/or importing, without authority, products and services that are covered by one or more claims of the `076 Patent, including but not limited to the Accused Products. 50. Defendants have contributed to and/or induced and will continue to contribute to

and/or induce the infringement of the `076 Patent by others in this District and elsewhere in the 8

United States, with the direct infringement being accomplished by end users of at least the Accused Products. 51. Apple has been and continues to be damaged by Defendants' infringement of the

`076 Patent, in an amount to be determined at trial. 52. Apple has suffered irreparable injury for which there is no adequate remedy at

law and will continue to suffer such irreparable injury unless Defendants' infringement of the `076 Patent is enjoined by this Court. 53. Defendants' infringement of the `076 Patent is exceptional and entitles Apple to

attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. COUNT VI - INFRINGEMENT OF U.S. PATENT NO. 5,848,105 54. 55. Paragraphs 1 through 53 are incorporated by reference as if fully stated herein. The `105 Patent, entitled "GMSK Signal Processors For Improved

Communications Capacity And Quality," was duly and legally issued on December 8, 1998 by the United States Patent and Trademark Office. A copy of the `105 Patent is attached hereto as Exhibit F. 56. Apple is the exclusive and current owner of all rights, title, and interest in the

`105 Patent, including the right to bring this suit for injunctive relief and damages. 57. Defendants have infringed and are infringing the `105 Patent by making, using,

selling, offering for sale, and/or importing, without authority, products and services that are covered by one or more claims of the `105 Patent, including but not limited to the Accused Products. 58. Defendants have contributed to and/or induced and will continue to contribute to

and/or induce the infringement of the `105 Patent by others in this District and elsewhere in the

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United States, with the direct infringement being accomplished by end users of at least the Accused Products. 59. Apple has been and continues to be damaged by Defendants' infringement of the

`105 Patent, in an amount to be determined at trial. 60. Apple has suffered irreparable injury for which there is no adequate remedy at

law and will continue to suffer such irreparable injury unless Defendants' infringement of the `105 Patent is enjoined by this Court. 61. Defendants' infringement of the `105 Patent is exceptional and entitles Apple to

attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. COUNT VII - INFRINGEMENT OF U.S. PATENT NO. 5,455,599 62. 63. Paragraphs 1 through 61 are incorporated by reference as if fully stated herein. The `599 Patent, entitled "Object-Oriented Graphic System," was duly and legally

issued on October 3, 1995 by the United States Patent and Trademark Office. A copy of the `599 Patent is attached hereto as Exhibit G. 64. Apple is the exclusive and current owner of all rights, title, and interest in the

`599 Patent, including the right to bring this suit for injunctive relief and damages. 65. Defendants have infringed and are infringing the `599 Patent by making, using,

selling, offering for sale, and/or importing, without authority, products and services that are covered by one or more claims of the `599 Patent, including but not limited to the Accused Products. 66. Defendants have contributed to and/or induced and will continue to contribute to

and/or induce the infringement of the `599 Patent by others in this District and elsewhere in the United States, with the direct infringement being accomplished by end users of at least the Accused Products. 10

67.

Apple has been and continues to be damaged by Defendants' infringement of the

`599 Patent, in an amount to be determined at trial. 68. Apple has suffered irreparable injury for which there is no adequate remedy at

law and will continue to suffer such irreparable injury unless Defendants' infringement of the `599 Patent is enjoined by this Court. 69. Defendants' infringement of the `599 Patent is exceptional and entitles Apple to

attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. COUNT VIII - INFRINGEMENT OF U.S. PATENT NO. 6,424,354 70. 71. Paragraphs 1 through 69 are incorporated by reference as if fully stated herein. The `354 Patent, entitled "Object-Oriented Event Notification System With

Listener Registration Of Both Interests And Methods," was duly and legally issued on July 23, 2002 by the United States Patent and Trademark Office. A copy of the `354 Patent is attached hereto as Exhibit H. 72. Apple is the exclusive and current owner of all rights, title, and interest in the

`354 Patent, including the right to bring this suit for injunctive relief and damages. 73. Defendants have infringed and are infringing the `354 Patent by making, using,

selling, offering for sale, and/or importing, without authority, products and services that are covered by one or more claims of the `354 Patent, including but not limited to the Accused Products. 74. Defendants have contributed to and/or induced and will continue to contribute to

and/or induce the infringement of the `354 Patent by others in this District and elsewhere in the United States, with the direct infringement being accomplished by end users of at least the Accused Products.

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75.

Apple has been and continues to be damaged by Defendants' infringement of the

`354 Patent, in an amount to be determined at trial. 76. Apple has suffered irreparable injury for which there is no adequate remedy at

law and will continue to suffer such irreparable injury unless Defendants' infringement of the `354 Patent is enjoined by this Court. 77. Defendants' infringement of the `354 Patent is exceptional and entitles Apple to

attorneys' fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. PRAYER FOR RELIEF WHEREFORE, Plaintiff Apple prays for the following judgment and relief against Defendants: (A) (B) That Defendants have infringed each and every one of the Asserted Patents; That Defendants, their officers, agents, employees, and those persons in active

concert or participation with any of them, and their successors and assigns, be permanently enjoined from infringement, inducement of infringement, and contributory infringement of each and every one of the Asserted Patents, including but not limited to an injunction against making, using, selling, and/or offering for sale within the United States, and/or importing into the United States, any products and/or services that infringe the Asserted Patents; (C) That Apple be awarded all damages adequate to compensate it for Defendants'

infringement of the Asserted Patents, such damages to be determined by a jury, and if necessary to adequately compensate Apple for the infringement, an accounting; (D) That Apple be awarded treble damages and pre-judgment and post-judgment

interest at the maximum rate allowed by law;

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(E)

That this case be declared an exceptional case within the meaning of 35 U.S.C. §

285 and that Apple be awarded attorneys' fees, costs, and expenses incurred in connection with this action; (F) proper. That Apple be awarded such other and further relief as this Court deems just and

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Dated: June 21, 2010

/s/ Richard K. Herrmann Richard K. Herrmann (I.D. #405) Mary B. Matterer (I.D. #2696) Amy A. Quinlan (I.D. #3201) MORRIS JAMES LLP 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801 Telephone: [phone] Facsimile: [phone] [e-mail] Robert G. Krupka, P.C. KIRKLAND & ELLIS LLP 333 South Hope Street Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] Gregory S. Arovas, P.C. KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022 Telephone: [phone] Facsimile: [phone] Bryan S. Hales, P.C. Marcus E. Sernel, P.C. KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, IL 60654 Telephone: [phone] Facsimile: [phone] Kenneth H. Bridges Michael T. Pieja Brian C. Kwok WONG, CABELLO, LUTSCH, RUTHERFORD & BRUCCULERI LLP 540 Cowper Street, Suite 100 Palo Alto, CA 94301 Telephone: [phone] Facsimile: [phone] Attorneys for Apple Inc.

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