Cathas Advanced Technologies LLC v. Apple Inc.

Filing 1

COMPLAINT filed with Jury Demand against Apple Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1081617.) - filed by Cathas Advanced Technologies LLC. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(eam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

CATHAS ADVANCED TECHNOLOGIES
LLC,
Plaintiff,
v.

Civil Action No. _________
JURY TRIAL DEMANDED

APPLE, INC.,
Defendant.

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, Cathas Advanced Technologies, LLC (“Cathas”) by its undersigned attorneys
complains of Defendant Apple, Inc., (“Apple” or “Defendant”), and alleges as follows:
PARTIES
1.

Plaintiff Cathas is a limited liability company organized and existing under the

laws of the State of Delaware with offices located at 2961 Fontenay Road, Shaker Heights, OH
44120.
2.

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

its principal office at 1 Infinite Loop, Cupertino, CA 95014. Apple, Inc. has appointed C T
Corporation System, 818 West Seventh Street, Los Angeles, California, 90017, as its agent for
service of process.
3.

On information and belief, Defendant Apple is engaged in, designs, manufactures,

and markets mobile communication and media devices, personal computers, and portable digital
music players, and sells a range of related software, services, peripherals, networking solutions,
and third-party digital content and applications. Apple’s products and services include iPhone,

iPad, Mac, iPod, Apple TV, a portfolio of consumer and professional software applications, the
iOS and Mac OS X operating systems, iCloud, and a range of accessory, service and support
offerings.
JURISDICTION AND VENUE
4.

This action for infringement arises under the patent laws of the United States,

Title 35 of the United States Code.
5.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

§§ 1331 and 1338(a).
6.

On information and belief, Defendant Apple is subject to this Court’s specific and

general personal jurisdiction pursuant to due process and/or the Delaware Long Arm Statute, due
at least to its substantial business in this forum, including: (a) at least a portion of the
infringements alleged herein; and (b) regularly doing or soliciting business, engaging in other
persistent courses of conduct, and/or deriving substantial revenue from goods and services
provided to individuals in Delaware and in this Judicial District.
7.

This court has personal jurisdiction over Apple based on the following, among

other reasons: (a) Apple maintains a website and social media presence that are accessible to
residents of the State of Delaware; (b) Apple has purposefully availed itself of the benefits and
protections of Delaware law by doing and transacting business in the State of Delaware; and (c)
Apple has committed tortuous acts, including committing acts of patent infringement in violation
of 35 U.S.C. § 271, that it knew or should have known would cause injury to Cathas in the State
of Delaware. All of Apple’s contacts with the State of Delaware are systematic, continuous and
substantial.

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8.

Venue is proper in this district under at least 28 U.S.C. §§ 1391(b) and (c) and

1400(b) because Apple is subject to personal jurisdiction in this District and regularly transacts
business in this District; and because Defendant has committed one or more acts of patent
infringement within this Judicial District.
THE PATENT-IN-SUIT
9.

Plaintiff Cathas is the owner by Assignment of United States Patent No.

6,925,445 (“the ‘445 Patent”) entitled “Web-Based Design of Software for Keep-Alive Boards.”
The ‘445 Patent was duly and legally issued by the United States Patent & Trademark Office on
August 2, 2005. A true and correct copy of the ‘445 Patent is attached as Exhibit 1.
10.

Branislav Kisacanin is the inventor named on the ‘445 Patent.

11.

The ’445 Patent covers a method and system for developing and electronically

providing customized software to a customer based on a customer specification provided through
a web interface.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 6,925,445
12.

Plaintiff re-alleges paragraphs 1-11 as if fully incorporated herein.

13.

On information and belief, Defendant Apple has been and now is directly

infringing the ‘445 Patent in the State of Delaware, in this Judicial District, and elsewhere in the
United States.
14.

On information and belief, Defendant Apple has been and now is directly

infringing the ‘445 Patent in the State of Delaware, in this Judicial District, and elsewhere in the
United States, by, among other things, making, using, operating, selling or offering to sell the
Apple iOS Developer Program (“Apple iOS Developer”), a web application development tool,

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the use of which, via Apple’s website, www.apple.com, to create customized applications is
covered by at least the method of claim 1 and the system of claim 10 of the '445 Patent.
15.

Defendant is liable for infringement of the ‘445 Patent pursuant to 35 U.S.C.

16.

As a result of Defendant’s past infringement of the ‘445 Patent, Plaintiff Cathas

§ 271.

has suffered monetary damages in an amount adequate to compensate for Defendant’s past
infringement, but in no event less than a reasonable royalty for the use made of the invention by
Defendant, together with interest and cost as fixed by the Court, and Plaintiff Cathas will
continue to suffer damages in the future unless Defendant’s infringing activities are enjoined by
the Court.
17.

At least prior to the filing of this action and with respect to the ‘445 Patent,

Plaintiff had no marking obligations pursuant to 35 U.S.C. § 287(a).
18.

Plaintiff has incurred and will incur attorneys’ fees, costs, and expenses in the

prosecution of this action. The circumstances of this dispute create an exceptional case within
the meaning of 35 U.S.C. § 285, and Plaintiff is entitled to recover its reasonable and necessary
fees and expenses.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Cathas Advanced Technologies, LLC respectfully requests that
this Court enter:
1.

A judgment in favor of Plaintiff Cathas declaring that Defendant has infringed the

‘445 Patent;

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2.

A judgment and order requiring Defendant to pay Plaintiff Cathas its damages,

costs, expenses, and prejudgment and post-judgment interest for Defendant’s infringement of the
‘445 Patent as provided under 35 U.S.C. § 284;
3.

An award to Plaintiff Cathas for enhanced damages as provided under 35 U.S.C.

4.

A judgment and order finding that this is an exceptional case within the meaning

§ 284;

of 35 U.S.C. § 285 and awarding to Plaintiff Cathas its reasonable attorneys’ fees; and
5.

An award of any and all other relief to which Plaintiff Cathas may show itself to

be entitled.
DEMAND FOR JURY TRIAL
Plaintiff Cathas Advanced Technologies, LLC, under Rule 38 of the Federal
Rules of Civil Procedure, requests a trial by jury of any issues so triable by right.

Dated: May 29, 2012

BAYARD, P.A.
/s/ Stephen B. Brauerman (sb4952)
Richard D. Kirk (rk0922)
Stephen B. Brauerman (sb4952)
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 19899
[e-mail]
[e-mail]
[phone]
Attorneys for Plaintiff Cathas Advanced
Technologies, LLC

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