Openwave Systems Inc. v. Apple Inc. et al

Filing 1

COMPLAINT filed with Jury Demand against Apple Inc., Research In Motion Corp., Research In Motion LTD. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-938647.) - filed by Openwave Systems Inc.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-E, # 3 Civil Cover Sheet)(els)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

OPENWAVE SYSTEMS INC.,
Plaintiff,
v.

C.A. No. ____________

APPLE INC., RESEARCH IN MOTION
LTD., and RESEARCH IN MOTION
CORP.,

DEMAND FOR JURY TRIAL

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Openwave Systems Inc. (“Openwave”), for its Complaint, alleges as
follows:
INTRODUCTION
1.

This is an action brought by Openwave against Apple Inc., Research in

Motion Ltd., and Research in Motion Corp. (collectively, “Defendants”) for Defendants’
infringement of Openwave’s patents. In particular, Defendants have infringed Openwave’s U.S.
Patent Nos. 6,233,608 (the “608 Patent”), 6,289,212 (the “212 Patent”), 6,405,037 (the “037
Patent”), 6,430,409 (the “409 Patent”), and 6,625,447 (the “447 Patent”) (collectively, the
“Asserted Patents”).

PARTIES
2.

Plaintiff Openwave is a corporation organized under the laws of the State

of Delaware and has its principal place of business at 2100 Seaport Boulevard, Redwood City,
CA 94063.
3.

Defendant Apple Inc. (“Apple”) is a corporation existing under the laws of

the State of California, with its principal place of business at 1 Infinite Loop, Cupertino, CA
95014.
4.

Defendant Research In Motion Ltd. is a foreign corporation existing under

the laws of Canada, with its principal place of business at 295 Phillip Street, Waterloo, Ontario
N2L 3W8, Canada.
5.

Defendant Research In Motion Corp. is a wholly-owned subsidiary of

Defendant Research In Motion Ltd., with its principal place of business at 122 West John
Carpenter Parkway, Suite 430, Irving, TX 75039.
6.

Defendants Research In Motion Ltd. and Research In Motion Corp. are

referred to herein collectively as “RIM.”
JURISDICTION
7.

This is an action arising under the patent laws of the United States. This

Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
8.

This Court has personal jurisdiction over each Defendant because each

Defendant has established minimum contacts with the forum. Each Defendant manufactures
(directly or indirectly through third party manufacturers) and/or assembles products that are and
have been used, offered for sale, sold, and purchased in Delaware. Each Defendant, directly
and/or through its distribution network, places electronic devices within the stream of commerce,

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which stream is directed at this District, with the knowledge and/or understanding that such
products will be sold in the State of Delaware. Therefore, the exercise of jurisdiction over each
Defendant would not offend traditional notions of fair play and substantial justice.
9.

Each Defendant does business in this District, including providing

products that are used, offered for sale, sold, and have been purchased in Delaware. Venue is
proper in this District pursuant to 28 U.S.C. §§ 1391(b), (c), (d) and 1400(b).
GENERAL ALLEGATIONS
10.

Openwave owns by assignment the entire right, title, and interest in and to

the 608 Patent, the 212 Patent, the 037 Patent, the 409 Patent, and the 447 Patent.
11.

Apple has infringed and continues to infringe each of the Asserted Patents

by engaging in acts constituting infringement under 35 U.S.C. § 271, including but not
necessarily limited to one or more of making, using, selling and offering to sell, in this District
and elsewhere in the United States, and importing into this District and elsewhere in the United
States, certain electronic devices, including, but not limited to, Apple’s iPhone 3G, 3GS, and 4,
iPod Touch and iPad 1 and 2 models of devices for mobile data communication.
12.

RIM has infringed and continues to infringe each of the Asserted Patents

by engaging in acts constituting infringement under 35 U.S.C. § 271, including but not
necessarily limited to one or more of making, using, selling and offering to sell, in this District
and elsewhere in the United States, and importing into this District and elsewhere in the United
States, certain electronic devices, including, but not limited to, RIM’s BlackBerry Curve 9330
and Playbook models of devices for mobile data communication.

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COUNT I
INFRINGEMENT OF U.S. PATENT NO. 6,233,608
13.

Openwave incorporates by reference the allegations set forth in

paragraphs 1-12 as though fully set forth herein.
14.

The 608 Patent, entitled “Method and System for Securely Interacting

with Managed Data from Multiple Devices,” duly and lawfully issued on May 15, 2001.
Openwave is the current owner of all rights, title, and interest in the 608 Patent. A copy of the
608 Patent is attached as Exhibit A.
APPLE’S INFRINGEMENT OF THE 608 PATENT
15.

Apple has infringed and is infringing the 608 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the iPhone
3G, 3GS, and 4 models of devices for mobile data communication, that infringe one or more
claims of the 608 Patent.
16.

Apple has contributed and is contributing to the infringement of the 608

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief,
Apple performed the acts that constitute contributory infringement with knowledge of the 608
Patent and knowing that the accused products were especially made or especially adapted for use
in an infringement of the 608 Patent, and are not a staple article or commodity of commerce
suitable for substantial non-infringing use.
17.

Apple has induced and is inducing the infringement of the 608 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the
activities of end users of the accused products. Upon information and belief, Apple performed
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the acts that constitute the induced infringement with knowledge of the 608 Patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
18.

Apple’s infringement of the 608 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.
19.

Apple’s acts have caused, and unless restrained and enjoined, will

continue to cause, irreparable injury and damage to Openwave for which there is no adequate
remedy at law. Unless enjoined by this Court, Apple will continue to infringe the 608 Patent.
20.

Apple’s infringement of the 608 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
21.

Openwave put Apple on notice of the 608 Patent and Apple’s

infringement prior to the service of this Complaint. Apple’s continued infringement of the 608
Patent since it was put on notice of the Patent constitutes willful infringement.
RIM’S INFRINGEMENT OF THE 608 PATENT
22.

RIM has infringed and is infringing the 608 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the
BlackBerry Curve 9330 model of devices for mobile data communication, that infringe one or
more claims of the 608 Patent.
23.

RIM has contributed and is contributing to the infringement of the 608

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief, RIM
performed the acts that constitute contributory infringement with knowledge of the 608 Patent
and knowing that the accused products were especially made or especially adapted for use in an

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infringement of the 608 Patent, and are not a staple article or commodity of commerce suitable
for substantial non-infringing use.
24.

RIM has induced and is inducing the infringement of the 608 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the
activities of end users of the accused products. Upon information and belief, RIM performed the
acts that constitute the induced infringement with knowledge of the 608 Patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
25.

RIM’s infringement of the 608 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.
26.

RIM’s acts have caused, and unless restrained and enjoined, will continue

to cause, irreparable injury and damage to Openwave for which there is no adequate remedy at
law. Unless enjoined by this Court, RIM will continue to infringe the 608 Patent.
27.

RIM’s infringement of the 608 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
28.

Openwave put RIM on notice of the 608 Patent and RIM’s infringement

prior to the service of this Complaint. RIM’s continued infringement of the 608 Patent since it
was put on notice of the Patent constitutes willful infringement.
COUNT II
INFRINGEMENT OF U.S. PATENT NO. 6,289,212
29.

Openwave incorporates by reference the allegations set forth in

paragraphs 1-28 as though fully set forth herein.
30.

The 212 Patent, entitled “Method and Apparatus for Providing Electronic

Mail Services During Network Unavailability,” duly and lawfully issued on September 11, 2001.

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Openwave is the current owner of all rights, title, and interest in the 212 Patent. A copy of the
212 Patent is attached as Exhibit B.
APPLE’S INFRINGEMENT OF THE 212 PATENT
31.

Apple has infringed and is infringing the 212 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the iPhone
3G, 3GS, and 4, iPod Touch, and iPad 1 and 2 models of devices for mobile data
communication, that infringe one or more claims of the 212 Patent.
32.

Apple has contributed and is contributing to the infringement of the 212

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief,
Apple performed the acts that constitute contributory infringement with knowledge of the 212
Patent and knowing that the accused products were especially made or especially adapted for use
in an infringement of the 212 Patent, and are not a staple article or commodity of commerce
suitable for substantial non-infringing use.
33.

Apple has induced and is inducing the infringement of the 212 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the
activities of end users of the accused products. Upon information and belief, Apple performed
the acts that constitute the induced infringement with knowledge of the 212 Patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
34.

Apple’s infringement of the 212 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.

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35.

Apple’s acts have caused, and unless restrained and enjoined, will

continue to cause, irreparable injury and damage to Openwave for which there is no adequate
remedy at law. Unless enjoined by this Court, Apple will continue to infringe the 212 Patent.
36.

Apple’s infringement of the 212 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
37.

Openwave put Apple on notice of the 212 Patent and Apple’s

infringement prior to the service of this Complaint. Apple’s continued infringement of the 212
Patent since it was put on notice of the Patent constitutes willful infringement.
RIM’S INFRINGEMENT OF THE 212 PATENT
38.

RIM has infringed and is infringing the 212 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the
BlackBerry Curve 9330 and Playbook models of devices for mobile data communication, that
infringe one or more claims of the 212 Patent.
39.

RIM has contributed and is contributing to the infringement of the 212

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief, RIM
performed the acts that constitute contributory infringement with knowledge of the 212 Patent
and knowing that the accused products were especially made or especially adapted for use in an
infringement of the 212 Patent, and are not a staple article or commodity of commerce suitable
for substantial non-infringing use.
40.

RIM has induced and is inducing the infringement of the 212 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the

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activities of end users of the accused products. Upon information and belief, RIM performed the
acts that constitute the induced infringement with knowledge of the 212 Patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
41.

RIM’s infringement of the 212 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.
42.

RIM’s acts have caused, and unless restrained and enjoined, will continue

to cause, irreparable injury and damage to Openwave for which there is no adequate remedy at
law. Unless enjoined by this Court, RIM will continue to infringe the 212 Patent.
43.

RIM’s infringement of the 212 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
44.

Openwave put RIM on notice of the 212 Patent and RIM’s infringement

prior to the service of this Complaint. RIM’s continued infringement of the 212 Patent since it
was put on notice of the Patent constitutes willful infringement.
COUNT III
INFRINGEMENT OF U.S. PATENT NO. 6,405,037
45.

Openwave incorporates by reference the allegations set forth in

paragraphs 1-44 as though fully set forth herein.
46.

The 037 Patent, entitled “Method and Architecture for an Interactive Two-

Way Data Communication Network,” duly and lawfully issued on June 11, 2002. Openwave is
the current owner of all rights, title, and interest in the 037 Patent. A copy of the 037 Patent is
attached as Exhibit C.

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APPLE’S INFRINGEMENT OF THE 037 PATENT
47.

Apple has infringed and is infringing the 037 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the iPhone
3G, 3GS, and 4, iPod Touch and iPad 1 and 2 models of devices for mobile data communication,
that infringe one or more claims of the 037 Patent.
48.

Apple has contributed and is contributing to the infringement of the 037

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief,
Apple performed the acts that constitute contributory infringement with knowledge of the 037
Patent and knowing that the accused products were especially made or especially adapted for use
in an infringement of the 037 Patent, and are not a staple article or commodity of commerce
suitable for substantial non-infringing use.
49.

Apple has induced and is inducing the infringement of the 037 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the
activities of end users of the accused products. Upon information and belief, Apple performed
the acts that constitute the induced infringement with knowledge of the 037 Patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
50.

Apple’s infringement of the 037 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.
51.

Apple’s acts have caused, and unless restrained and enjoined, will

continue to cause, irreparable injury and damage to Openwave for which there is no adequate
remedy at law. Unless enjoined by this Court, Apple will continue to infringe the 037 Patent.

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52.

Apple’s infringement of the 037 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
53.

Openwave put Apple on notice of the 037 Patent and Apple’s

infringement prior to the service of this Complaint. Apple’s continued infringement of the 037
Patent since it was put on notice of the Patent constitutes willful infringement.
RIM’S INFRINGEMENT OF THE 037 PATENT
54.

RIM has infringed and is infringing the 037 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the
BlackBerry Curve 9330 and Playbook models of devices for mobile data communication, that
infringe one or more claims of the 037 Patent.
55.

RIM has contributed and is contributing to the infringement of the 037

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief, RIM
performed the acts that constitute contributory infringement with knowledge of the 037 Patent
and knowing that the accused products were especially made or especially adapted for use in an
infringement of the 037 Patent, and are not a staple article or commodity of commerce suitable
for substantial non-infringing use.
56.

RIM has induced and is inducing the infringement of the 037 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the
activities of end users of the accused products. Upon information and belief, RIM performed the
acts that constitute the induced infringement with knowledge of the Asserted Patents and with
the knowledge or willful blindness that the induced acts would constitute infringement.

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57.

RIM’s infringement of the 037 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.
58.

RIM’s acts have caused, and unless restrained and enjoined, will continue

to cause, irreparable injury and damage to Openwave for which there is no adequate remedy at
law. Unless enjoined by this Court, RIM will continue to infringe the 037 Patent.
59.

RIM’s infringement of the 037 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
60.

Openwave put RIM on notice of the 037 Patent and RIM’s infringement

prior to the service of this Complaint. RIM’s continued infringement of the 037 Patent since it
was put on notice of the Patent constitutes willful infringement.
COUNT IV
INFRINGEMENT OF U.S. PATENT NO. 6,430,409
61.

Openwave incorporates by reference the allegations set forth in

paragraphs 1-60 as though fully set forth herein.
62.

The 409 Patent, entitled “Method and Architecture for an Interactive Two-

Way Data Communication Network,” duly and lawfully issued on August 6, 2002. Openwave is
the current owner of all rights, title, and interest in the 409 Patent. A copy of the 409 Patent is
attached as Exhibit D.
APPLE’S INFRINGEMENT OF THE 409 PATENT
63.

Apple has infringed and is infringing the 409 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the

12

iPhone 3G, 3GS, and 4 models of devices for mobile data communication, that infringe one or
more claims of the 409 Patent.
64.

Apple has contributed and is contributing to the infringement of the 409

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief,
Apple performed the acts that constitute contributory infringement with knowledge of the 409
Patent and knowing that the accused products were especially made or especially adapted for use
in an infringement of the 409 Patent, and are not a staple article or commodity of commerce
suitable for substantial non-infringing use.
65.

Apple has induced and is inducing the infringement of the 409 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the
activities of end users of the accused products. Upon information and belief, Apple performed
the acts that constitute the induced infringement with knowledge of the 409 Patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
66.

Apple’s infringement of the 409 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.
67.

Apple’s acts have caused, and unless restrained and enjoined, will

continue to cause, irreparable injury and damage to Openwave for which there is no adequate
remedy at law. Unless enjoined by this Court, Apple will continue to infringe the 409 Patent.
68.

Apple’s infringement of the 409 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.

13

69.

Openwave put Apple on notice of the 409 Patent and Apple’s

infringement prior to the service of this Complaint. Apple’s continued infringement of the 409
Patent since it was put on notice of the Patent constitutes willful infringement.
RIM’S INFRINGEMENT OF THE 409 PATENT
70.

RIM has infringed and is infringing the 409 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the
BlackBerry Curve 9330 model of devices for mobile data communication, that infringe one or
more claims of the 409 Patent.
71.

RIM has contributed and is contributing to the infringement of the 409

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief, RIM
performed the acts that constitute contributory infringement with knowledge of the 409 Patent
and knowing that the accused products were especially made or especially adapted for use in an
infringement of the 409 Patent, and are not a staple article or commodity of commerce suitable
for substantial non-infringing use.
72.

RIM has induced and is inducing the infringement of the 409 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the
activities of end users of the accused products. Upon information and belief, RIM performed the
acts that constitute the induced infringement with knowledge of the 409 Patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
73.

RIM’s infringement of the 409 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.

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74.

RIM’s acts have caused, and unless restrained and enjoined, will continue

to cause, irreparable injury and damage to Openwave for which there is no adequate remedy at
law. Unless enjoined by this Court, RIM will continue to infringe the 409 Patent.
75.

RIM’s infringement of the 409 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
76.

Openwave put RIM on notice of the 409 Patent and RIM’s infringement

prior to the service of this Complaint. RIM’s continued infringement of the 409 Patent since it
was put on notice of the Patent constitutes willful infringement.
COUNT V
INFRINGEMENT OF U.S. PATENT NO. 6,625,447
77.

Openwave incorporates by reference the allegations set forth in

paragraphs 1-76 as though fully set forth herein.
78.

The 447 Patent, entitled “Method and Architecture for an Interactive Two-

Way Data Communication Network,” duly and lawfully issued on September 23, 2003.
Openwave is the current owner of all rights, title, and interest in the 447 Patent. A copy of the
447 Patent is attached as Exhibit E.
APPLE’S INFRINGEMENT OF THE 447 PATENT
79.

Apple has infringed and is infringing the 447 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the
iPhone 3G, 3GS, and 4, iPod Touch and iPad 1 and 2 models of devices for mobile data
communication, that infringe one or more claims of the 447 Patent.

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80.

Apple has contributed and is contributing to the infringement of the 447

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief,
Apple performed the acts that constitute contributory infringement with knowledge of the 447
Patent and knowing that the accused products were especially made or especially adapted for use
in an infringement of the 447 Patent, and are not a staple article or commodity of commerce
suitable for substantial non-infringing use.
81.

Apple has induced and is inducing the infringement of the 447 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the
activities of end users of the accused products. Upon information and belief, Apple performed
the acts that constitute the induced infringement with knowledge of the 447 Patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
82.

Apple’s infringement of the 447 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.
83.

Apple’s acts have caused, and unless restrained and enjoined, will

continue to cause, irreparable injury and damage to Openwave for which there is no adequate
remedy at law. Unless enjoined by this Court, Apple will continue to infringe the 447 Patent.
84.

Apple’s infringement of the 447 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
85.

Openwave put Apple on notice of the 447 Patent and Apple’s

infringement prior to the service of this Complaint. Apple’s continued infringement of the 447
Patent since it was put on notice of the Patent constitutes willful infringement.

16

RIM’S INFRINGEMENT OF THE 447 PATENT
86.

RIM has infringed and is infringing the 447 Patent in this District and

elsewhere in the United States by making, using, offering for sale, selling, and importing,
without authority, products and services including electronic devices, such as at least the
BlackBerry Curve 9330 and Playbook models of devices for mobile data communication, that
infringe one or more claims of the 447 Patent.
87.

RIM has contributed and is contributing to the infringement of the 447

Patent by others in this District and elsewhere in the United States. The direct infringement
occurs by the activities of end users of the accused products. Upon information and belief, RIM
performed the acts that constitute contributory infringement with knowledge of the 447 Patent
and knowing that the accused products were especially made or especially adapted for use in an
infringement of the 447 Patent, and are not a staple article or commodity of commerce suitable
for substantial non-infringing use.
88.

RIM has induced and is inducing the infringement of the 447 Patent by

others in this District and elsewhere in the United States. The direct infringement occurs by the
activities of end users of the accused products. Upon information and belief, RIM performed the
acts that constitute the induced infringement with knowledge of the 447 Patent and with the
knowledge or willful blindness that the induced acts would constitute infringement.
89.

RIM’s infringement of the 447 Patent has caused and continues to cause

damage to Openwave in an amount to be determined at trial.
90.

RIM’s acts have caused, and unless restrained and enjoined, will continue

to cause, irreparable injury and damage to Openwave for which there is no adequate remedy at
law. Unless enjoined by this Court, RIM will continue to infringe the 447 Patent.

17

91.

RIM’s infringement of the 447 Patent is exceptional and entitles

Openwave to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
92.

Openwave put RIM on notice of the 447 Patent and RIM’s infringement

prior to the service of this Complaint. RIM’s continued infringement of the 447 Patent since it
was put on notice of the Patent constitutes willful infringement.
DEMAND FOR JURY TRIAL
93.

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Openwave

demands a trial by jury of all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, Openwave prays for judgment and seeks relief against
Defendants as follows:
(a)

That the Asserted Patents have been and continue to be directly and/or

indirectly infringed by each of the Defendants;
(b)

That the Asserted Patents are not invalid and are enforceable;

(c)

For all damages sustained as a result of each Defendant’s infringement of

Openwave’s patents as herein alleged, including an award of enhanced damages pursuant to
35 U.S.C. § 284;
(d)

For pre-judgment interest and post-judgment interest at the maximum rate

allowed by law;
(e)

For a permanent injunction enjoining each Defendant, its officers, agents,

servants, employees and all other persons acting in concert or participation with it from further
infringement, contributory infringement, and inducement of infringement of the Asserted
Patents;
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(f)

For an award of attorneys’ fees pursuant to 35 U.S.C. § 285 or as

otherwise permitted by law;
(g)

For all costs of suit; and

(h)

For such other and further relief as the Court may deem just and proper.

MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Rodger D. Smith II
_______________________________________
Jack B. Blumenfeld (#1014)
Rodger D. Smith II (#3778)
1201 North Market Street
P.O. Box 1347
Wilmington, DE 19899
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Openwave Systems Inc.

OF COUNSEL:
Scott J. Pivnick
ALSTON & BIRD LLP
The Atlantic Building
950 F Street, NW
Washington, DC 20004
[phone]
August 31, 2011
4468795.1

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