Operating Systems Solutions, LLC v. Apple, Inc.

Filing 1

COMPLAINT against Apple, Inc. with Jury Demand (Filing fee $ 350 receipt number TPA-6633) filed by Operating Systems Solutions, LLC. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(LYB)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
OPERATING SYSTEMS SOLUTIONS, LLC
95437 Barnwell Road
Fernandina Beach, Florida 32034

)
)

)
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Plaintiff,
CIV. CASE NO:
v.

INJUNCTIVE RELIEF
REQUESTED

APPLE,INC.
1 Infinite Loop
Cupertino, CA 95014
Defendant.

COMPLAINT AND
ruRY TRIAL REQUEST
COMES NOW the Plaintiff, Operating Systems Solutions, LLC (hereinafter
"OSS"), and for its cause of action against Defendant, Apple, Incorporated (hereinafter
"Apple"), for patent infringement for which OSS alleges:

Parties and Jurisdictron

l.

OSS is a limited

liability company formed under the laws of Florida having its

principal place of business at95437 Barnwell Road, Fernandina Beach, Florida 32034.

2. On information and belief Apple is a California

corporation having its

principal place of business at 1 Infinite Loop, Cupertino, California 95014.
3. This is a complaint for infringement of U.S. Patent No. R840,092 (hereinafter
"the OSS Patenf') under 35 U.S.C. 5271.

4. The Court has original and exclusive jurisdiction over the subject matter of the
complaint under 28 U.S.C. $$ 1331, 1338(a). Venue is proper under 28 U.S.C. $$ 1391
and 1400(b).
General Allegations

5. The OSS Patent was originally filed on May
States Patent

ll,

1999 and issued as United

No. 6,434,696 (hereinafter the *'696 Patenf') on August 13,2002.

6. A Reissue Application based on the '696 Patent was filed on August 12,2004
and issued on February 19,2008 as the OSS Patent.

hereto as Exhibit

l, which

A copy of the OSS Patent is attached

is incorporated herein by reference.

7. OSS owns all right, title and interest in the OSS Patent by reason of

an

assignment recorded by the U.S. Patent and Trademark Office at reel 026640, frame
0965.8. The OSS Patent is in force and is presumed valid by virtue of 35 U.S.C. $ 282.

9. Upon information and belief, without license or permission from OSS, Apple

has infringed, actively induced others

to infringe,

andlor contributorily infringed,

literally or under the doctrine of equivalents, one or more claims of the OSS Patent.
Apple did so by importing, making, using, offering to sell, and/or selling products and
devices that embody and./or practice the patented invention.

COUNT

I

Patent Infringement
10. Paragraphs 1 through 9 are adopted and incorporatedhereinby reference as

fully

set out in this paragraph 10.

11. OSS is the owner of the OSS Patent.

if

12. Apple uses and has used within this judicial district methods covered by the
OSS Patent.
13. Apple has infringed, actively induced others to infringe, and/or contributorily

infringed, literally or under the doctrine of equivalents, one or more claims of the OSS
Patent

in violation of Title 35 U.S.C. $271(a)-(c). Apple has infringed by importing,

making, using, offering to sell, and/or selling products and devices that practice the
patented invention, all to the damage and injury of OSS.

14. Apple has infringed the OSS Patent after constructive notice of the OSS
Patent, and upon information and belief continues

to use the

accused methods after

having actual notice of the infringement.
15. Apple uses the infringing methods within the United States without license

from OSS.

16. Apple sells or offers to sell within this district computer systems, including
but not limited to the MacBook Pro, that utilize the Mac OSX operating system that
infringes at least claim 1 of the OSS Patent.
17. Upon information and belief Apple's actions were and have been

in direct disregard of Plaintiff

18. Plaintiff

s

willful

and

patent rights.

OSS has suffered and continues to suffer irreparable damage and

injury for which there is no adequate remedy at law against Apple for its infringement of
the OSS Patent.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff OSS prays that judgment be entered by this Court in its
favor and against the Defendant Apple providing the following reliefl

A. That Apple, its

agents, affiliates, subsidiaries, servants, employees and

attorneys and those persons in active concert with or controlled by them be permanently
enjoined from:

1.

2.

Inducing others to infringe the OSS paten! and

3.
B.

Using methods which infringe any claim of the OSS patent;

Contributing to the infringement of the OSS patent.

That Apple be required to account to Plaintiff for PlaintifPs lost profits and

for all damages sustained by Plaintiff and to which Plaintiff is entitled by reason of the
infringement of the OSS Patent (35 U.S.C. g 2Sa);

C.

That judgment be entered against Apple

for Plaintiffs damages in an amount

to be determined at trial, and for prejudgment interest based on infringement

damages

accruing from the date of Apple's respective acts of infringement;

D.

That a determination be made that Apple's actions were in willful disregard

of

PlaintifPs rights and that Apple is required to pay to Plaintiffthe costs of this action and

Plaintiff s reasonable attorney fees (35 U.S.C.

$ 285), and that damages be trebled;

E. An order directing Apple to deliver to OSS for

immediate destruction all

remaining advertisements, circulars, brochures or other promotional or advertising items,
web site or other materials for the infringing method; and

F.

Such other and further relief as may be proper and just.

Plaintiff requests

a

trial by jury.

Operating System Solutions, LLC

Plaintifl

Stephen Maclsaac
Stephen Maclsaac, PA

Florida Bar #: 0061480
2525Park City Way
Tampa, FL33609
Phone: [phone]
Facsimile: 866-689-07 63
Maclsaaclaw@,gmail.com
Cotrnsel For Plaintiff
Operating Systems Solutions, LLC
and
Joseph W. Berenato,

jbqq@

III

Matthew W. Stavish

@

Berenato & White, LLC
6550 Rock Spring Drive, Ste.240
Bethesda, Maryland 20817
Phone: [phone]
Fax: [phone]