Graphics Properties Holdings Inc. v. Apple Inc.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Apple Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1045583.) - filed by Graphics Properties Holdings Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(lih)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GRAPHICS PROPERTIES
HOLDINGS, INC.,

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Plaintiff,
v.
APPLE INC.
Defendant.

CIVIL ACTION NO.

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
1.

Plaintiff Graphics Properties Holdings, Inc. (“GPH” or “Plaintiff”), by

and through its attorneys, hereby demands a jury trial and complains of Defendant Apple Inc.
(“Defendant” or “Apple”) as follows:
NATURE OF THE ACTION
2.

This is an action for patent infringement arising under the patent laws

of the United States, 35 U.S.C. §§ 271, et seq., to enjoin infringement and obtain damages
resulting from Defendant’s unauthorized manufacture, use, sale, offer to sell and/or
importation into the United States for subsequent use or sale of products, methods, processes,
services and/or systems that infringe one or more claims of United States Patent No.
8,144,158 (the “’158 Patent”), entitled “Display System Having Floating Point Rasterization
and Floating Point Framebuffering.” The claims and specification, as issued, as well as the
United States Patent Office Issue Notification, are attached as Exhibit A. Plaintiff seeks
injunctive relief to prevent Defendant from infringing the ’158 Patent. In addition, Plaintiff
seeks a recovery of monetary damages resulting from Defendant’s infringement of the ’158
Patent.

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3.

This action for patent infringement involves Defendant’s manufacture,

use, sale, offer for sale, and/or importation into the United States of infringing products,
methods, processes, services and systems that are primarily used or primarily adapted for use
in consumer electronics devices, including but not limited to Defendant’s mobile phones and
other consumer electronics devices.
THE PARTIES
4.

Plaintiff GPH is a Delaware corporation with its principal place of

business at 56 Harrison Street, Suite 505, New Rochelle, New York 10801.
5.

Plaintiff GPH is the lawful assignee of all right, title and interest in and

to the ’158 Patent.
6.

GPH was formerly named Silicon Graphics, Inc. (“Silicon Graphics”).

As Silicon Graphics, GPH developed technology and intellectual property used in the
graphics, computer processing, and display segments. GPH is owned by private investment
funds and other institutional investors, since the bankruptcy of Silicon Graphics.
7.

GPH continues to manage and license its intellectual property,

including the ’158 Patent.
8.

Defendant Apple is a California corporation headquartered at 1 Infinite

Loop, Cupertino, California 95014.
9.

Apple is in the business of making, offering for sale, selling, and

supporting a variety of consumer electronics and display devices and products containing
same that are imported into the United States including, but not limited to, handheld
computers, tablets, cellular telephones, and other consumer electronics and display devices.
10.

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Plaintiff will be irreparably harmed by the Defendant’s infringements

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of the ’158 Patent. Moreover, Defendant’s unauthorized and infringing uses of Plaintiff’s
patented systems and methods have threatened the value of this intellectual property because
Defendant’s conduct results in Plaintiff’s loss of its lawful patent rights to exclude others
from making, using, selling, offering to sell and/or importing the patented inventions.
11.

Defendant’s disregard for Plaintiff’s property rights threatens

Plaintiff’s relationships with existing licensees and potential licensees of Plaintiff’s consumer
electronics and display device patents, including the ’158 Patent. The Defendant will derive
a competitive advantage over any of Plaintiff’s existing licensees and future licensees from
infringing Plaintiff’s patented technology. Accordingly, unless the Defendant’s continued
acts of infringement are enjoined, Plaintiff will suffer irreparable harm for which there is no
adequate remedy at law.
JURISDICTION AND VENUE
12.

This Court has jurisdiction over the subject matter of this patent

infringement action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
13.

Defendant is subject to personal jurisdiction in the State of Delaware

because it regularly transacts business in this judicial district and division by, among other
things, offering its products and services to customers, business affiliates and partners located
in this judicial district. In addition, the Defendant has committed acts of direct infringement
of one or more of the claims of the ’158 Patent in this judicial district.
14.

Venue is proper in this judicial district pursuant to 28 U.S.C.

§§ 1391(b), 1391(c), and 1400(b) because the Defendant is subject to personal jurisdiction in
this district, and has committed acts of infringement in this district.
INFRINGEMENT OF UNITED STATES PATENT NO. 8,144,158

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15.

Paragraphs 1 through 14 are incorporated by reference as if fully restated

16.

Plaintiff GPH is the assignee and lawful owner of all right, title and interest in

herein.

and to the ’158 Patent.
17.

Defendant makes, uses, sells, offers to sell and/or imports into the United

States for subsequent sale or use products, services, methods or processes that infringe,
directly and/or indirectly, or which employ systems, components and/or steps that make use
of systems or processes that infringe, directly and/or indirectly, one or more of the claims of
the ’158 Patent. Such devices are handheld computers, tablets, cellular telephones, and other
consumer electronics and display devices and products containing the same, including
Defendant’s iPhone device and other substantially similar devices.
18.

The Defendant infringes one or more of the claims of the ’158 Patent through

the aforesaid acts, and will continue to do so unless enjoined by this Court. Defendant’s
wrongful conduct has caused Plaintiff to suffer irreparable harm resulting from the loss of its
lawful patent rights to exclude others from making, using, selling, offering to sell and
importing the patented inventions.
19.

Plaintiff is entitled to recover damages adequate to compensate for the

infringement.

WHEREFORE, Plaintiff prays for judgment against the Defendant, granting
Plaintiff the following relief:
A.

That this Court adjudge and decree that Defendant has infringed the

’158 Patent;

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B.

That this Court permanently enjoin the Defendant, and its parents,

subsidiaries, affiliates, successors and assigns, and each of its officers, directors, employees,
representatives, agents, and attorneys, and all persons acting in concert or active participation
with, or on its behalf, or within its control, from making, using, selling, offering to sell,
importing, or advertising products and/or services and/or employing systems, hardware,
software and/or components and/or making use of systems or processes that infringe any of
the claims of the ’158 Patent, or otherwise engaging in acts of infringement of the ’158
Patent, all as alleged herein;
C.

That this Court order an accounting, including a post-verdict

accounting, to determine the damages to be awarded to Plaintiff as a result of the Defendant’s
infringement;
D.

That this Court, pursuant to 35 U.S.C. § 284, enter an award to

Plaintiff of such damages as it shall prove at trial against the Defendant that is adequate to
compensate Plaintiff for said infringement, said damages to be no less than a reasonable
royalty together with interest and costs;
E.

That this Court assess pre-judgment and post-judgment interest and

costs against the Defendant, together with an award of such interest and costs, in accordance
with 35 U.S.C. § 284;
F.

Grant to Plaintiff such other, further, and different relief as may be just

and proper.
JURY DEMAND
Plaintiff demands a trial by jury of all matters to which it is entitled to trial
by jury pursuant to FED. R. CIV. P. 38.

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Dated: March 27, 2012

/s/ Edmond D. Johnson
Edmond D. Johnson (Del. Bar No. 2257)
James G. McMillan (Del. Bar No. 3979)
PEPPER HAMILTON LLP
Hercules Plaza, Suite 5100
1313 N. Market Street
P.O. Box 1709
Wilmington, DE 19899-1709
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, Graphics Properties
Holdings, Inc.

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