Data Carriers LLC v. Apple Inc.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Apple Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350.00, receipt number 0311-1040192.) - filed by Data Carriers LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(rwc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DATA CARRIERS, LLC,
Plaintiff,

Civil Action No. _____________
v.

APPLE INC.,

JURY TRIAL DEMANDED

Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement in which Plaintiff Data Carriers, LLC (“Data
Carriers”) makes the following allegations against Defendant Apple Inc. (“Defendant”).
PARTIES
1.

Data Carriers is a Delaware limited liability company having a principal place of

business at 4023 Kennett Pike, Suite 531, Wilmington, Delaware 19807.
2.

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

office at 1 Infinite Loop, Cupertino, California 95014. Apple Inc. has appointed CT
Corporation System, 818 West Seventh Street, Los Angeles, California 90017, as its agent for
service of process.
JURISDICTION AND VENUE
3.

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

seq., including § 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
and 1338(a).
4.

This Court has personal jurisdiction over Defendant because, among other

reasons, Defendant has done business in this District, filed suit in this District, has committed
and continues to commit acts of patent infringement in this District, and has harmed and

continues to harm Data Carriers in this District, by, among other things, using, selling, offering
for sale, and importing infringing products and services in this District.
5.

Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(d) and 1400(b)

because, among other reasons, Defendant is subject to personal jurisdiction in this District, has
filed suit in this District, and has committed acts of patent infringement in this District. On
information and belief, for example, Defendant has used, sold, offered for sale, and imported
infringing products in this District.
COUNT I
(INFRINGEMENT OF U.S. PATENT NO. 5,388,198)
6.

Data Carriers is the owner by assignment of United States Patent No. 5,388,198

(the “‘198 patent”), entitled “Proactive Presentation of Automating Features to a Computer
User.” The application for the ‘198 patent was filed on April 16, 1992. The patent issued on
February 7, 1995, and was originally assigned to Symantec Corporation. A true and correct copy
of the ‘198 patent is attached as Exhibit A.
7.

Defendant has been and now is directly and/or jointly infringing at least claims 1

and 5 of the ‘198 patent, in this judicial district and elsewhere in the United States, by, among
other things, making, using, importing, offering for sale, and/or selling products and services that
automatically intervene in the use of a computer system to suggest or present features based on
information on the use of the system, including but not limited to autocomplete features of
certain electronic devices, including smartphones, tablet computers, other handheld devices,
desktop computers, and software loaded onto and used on such devices. Such products and
services include, for example, Defendant’s iPad, iPhone, iPod Touch, iTunes, Macbook,
desktops, Safari, iOS, and OS X, and various versions thereof, and www.apple.com. Such
products and services continuously monitor and compare user manipulations and program

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context with feature templates stored in memory, and present automating features if a match is
found.
8.

Defendant has also knowingly contributed to the infringement, and continues to

contribute to the infringement, of at least claims 1 and 5 of the ‘198 patent by making and
unlawfully selling or offering to sell such products and services to customers, which products
and services constitute a material part of the claimed inventions and are not staple articles or
commodities of commerce suitable for substantial noninfringing use. Further, Defendant has
induced infringement, and continues to induce infringement, of at least claims 1 and 5 of the
‘198 patent by making and unlawfully selling or offering to sell such products and services to
customers, with specific intent that such products and services be used by its customers to
infringe the ‘198 patent. On information and belief, Defendant knew of or should have known of
the ‘198 patent prior to the filing of this action because the ‘198 patent is cited in Defendant’s
own patents and patent applications.
9.

By engaging in the conduct described herein, Defendant has injured Data Carriers

and is thus liable for infringement of the ‘198 patent pursuant to 35 U.S.C. § 271.
10.

On information and belief, Defendant’s infringement of the ‘198 patent has been

and continues to be willful and deliberate. For example, on information and belief, Defendant
knew of the ‘198 patent prior to the filing of this action because the ‘198 patent is cited in
Defendant’s own patents and patent applications. On information and belief, Defendant’s
infringing actions were taken despite an objectively high likelihood of infringement of the ‘198
patent, which risk was known or should have been known to Defendant.
11.

Defendant has committed these acts of infringement without license or

authorization.

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12.

As a result of Defendant’s infringement of the ‘198 patent, Data Carriers has

suffered monetary damages in an amount not yet determined, but in no event less than a
reasonable royalty for the use made of the invention by Defendant, together with interest and
costs as fixed by the Court.
PRAYER FOR RELIEF
Data Carriers respectfully requests that this Court enter:
A.

A judgment in favor of Data Carriers that Defendant has infringed, directly,
jointly, and/or indirectly, the ‘198 patent, and that such infringement was willful;

B.

A judgment and order requiring Defendant to pay Data Carriers its damages,
costs, expenses, and prejudgment and post-judgment interest for Defendant’s
infringement of the ‘198 patent as provided under 35 U.S.C. § 284;

C.

A judgment and order finding that this is an exceptional case within the meaning
of 35 U.S.C. § 285 and awarding to Data Carriers its reasonable attorneys’ fees
against Defendant;

D.

A judgment and order requiring Defendant to provide an accounting and to pay
supplemental damages to Data Carriers, including without limitation, prejudgment and post-judgment interest; and

E.

Any and all other relief to which Data Carriers may show itself to be entitled.
DEMAND FOR JURY TRIAL

Data Carriers, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by
jury of any issues so triable by right.

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March 16, 2012

BAYARD, P.A.
/s/ Richard D. Kirk (rk0922)
Richard D. Kirk (rk0922)
Stephen B. Brauerman (sb4952)
Vanessa R. Tiradentes (vt5398)
222 Delaware Avenue, Suite 900
Wilmington, DE 19801
[phone]
[e-mail]
[e-mail]
vtiradentes@bayardlawcom
Attorneys for Plaintiff Data Carriers, LLC

OF COUNSEL:
Marc A. Fenster
Benjamin T. Wang
RUSS, AUGUST & KABAT
12424 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90025-1031
[phone]
[e-mail]
[e-mail]

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