Motorola Mobility, Inc. v. Apple, Inc.
Filing
361
MOTION to Amend/Correct (84 in 1:12-cv-20271-RNS) Scheduling Order,,, MEMORANDUM OF LAW AND MOTION TO AMEND THE PROCEDURAL SCHEDULE by Apple Inc.. Responses due by 10/29/2012 (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)Associated Cases: 1:12-cv-20271-RNS, 1:10-cv-23580-RNS(Pace, Christopher)
EXHIBIT 10
Case 1:12-cv-01053-GMS Document 1 Filed 08/17/12 Page 1 of 13 PageID #: 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MOTOROLA MOBILITY LLC,
MOTOROLA MOBILITY IRELAND, and
MOTOROLA MOBILITY
INTERNATIONAL LIMITED,
Plaintiffs,
v.
APPLE INC.,
Defendant.
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C. A. No. _ __ __ __
JURY TRIAL DEMANDED
COMPLAINT
Plaintiffs, Motorola Mobility LLC, Motorola Mobility Ireland, and Motorola Mobility
International Limited (collectively, "Plaintiffs"), for their Complaint against Defendant Apple Inc.
("Apple"), allege as follows:
INTRODUCTION
1.
Plaintiffs bring this action against Apple to seek remedies for Apple's infringement of
U.S. Patent Nos. 5,883,580 ("the '580 Patent"), 5,922,047 ("the '047 Patent"), 6,425,002 ("the
'002 patent"), 6,493,673 ("the '673 Patent"), 6,983,370 ("the '370 Patent"), 7,007,064 ("the
'064 Patent"), and 7,383,983 ("the '983 Patent") (collectively, the "Asserted Patents").
PARTIES
2.
Motorola Mobility LLC ("Mobility") is Delaware limited liability company with a
principal place of business at 600 North U.S. Highway 45, Libertyville, Illinois 60048.
3.
Motorola Mobility LLC was formerly known as Motorola Mobility, Inc., a
corporation organized and existing under the laws of Delaware with a principal place of business at
600 North U.S. Highway 45, Libertyville, Illinois 60048.
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4.
Motorola Mobility, Inc. was formerly a wholly-owned subsidiary of Motorola, Inc.
On July 31, 2010, Motorola, Inc. assigned all its rights, title and interest in each ofthe Asserted
Patents to Motorola Mobility, Inc.
5.
Motorola Mobility Ireland ("Mobility Ireland") is an unlimited liability company
organized and existing under the laws of Ireland with a place of business at Clarendon House,
2 Church Street, P.O. Box HM666, Hamilton HMCX, Bermuda.
6.
Motorola Mobility International Limited ("Mobility International") is a company
organized and existing under the laws of Bermuda limited by shares with a place of business at
Clarendon House, 2 Church Street, Hamilton HM11, Bermuda.
7.
On information and belief, Apple is a corporation organized under the laws of
California that has its principal place of business at 1 Infinite Loop, Cupertino, California 95014.
JURISDICTION AND VENUE
8.
This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a)
because this lawsuit is a civil action for patent infringement arising under the patent laws of the
United States, 35 U.S.C. § 101 et seq.
9.
This Court has personal jurisdiction over Apple. On information and belief, Apple
has significant contacts with this forum because Apple manufactures (directly or indirectly through
third-party manufacturers) and/or assembles products that are and have been offered for sale, sold,
purchased, and used in this District. On information and belief, Apple directly and/or through its
distribution network, places infringing devices within the stream of commerce, with the knowledge
and/or understanding that such infringing devices will be sold in this District. Moreover, Apple
transacts business in this District by means of retail operations within this District and expects or
should reasonably expect its infringing actions to have consequences in this District. On information
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and belief, Apple also has a registered agent for the purposes of, inter alia, accepting service of
process and thus it lacks any objection to this Court's personal jurisdiction. Moreover, Apple has
brought suit for patent infringement in this District (see C.A. Nos. 10-166 and 10-167). Thus,
exercise of jurisdiction over Apple will not offend traditional notions of fair play and substantial
justice. Such an exercise is consistent with the Delaware long-arm statute, 10 Del. Code § 3104.
10.
Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(c) and 1400(b) because
Apple resides in this District and because a substantial part ofthe events or omissions giving rise to
this claim occurred in this District.
COUNT 1: INFRINGEMENT OF U.S. PATENT NO. 5,883,580
11.
Plaintiffs incorporate by reference paragraphs 1-10.
12.
The '580 patent, entitled "Geographic-Temporal Significant Messaging," issued on
March 16, 1999. A true and correct copy of the '5 80 patent is attached to this Complaint as Exhibit
1.
13.
Mobility has record title and legal ownership in and to the '580 patent, including the
right to bring this suit for injunctive relief and damages. Mobility Ireland and Mobility International
have an exclusive license to use and exercise certain rights under the '580 patent, subject to certain
substantial rights retained by Mobility, such as the right to bring the present action.
14.
On information and belief, Apple has infringed and is still infringing, contributorily
infringing and/or inducing infringement of the '580 patent under 35 U.S.C. §§ 271(a), (b), (c) and/or
(g), directly and/or indirectly, literally or under the doctrine of equivalents, by activities including
making, using, offering for sale and selling in the United States, and by importing into the United
States, without authority, products and services including but not limited to the Apple iPhone 4 and
the Apple iPhone 4S. Moreover, Apple is aware of the '580 patent through discussions with
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Mobility in 2010.
On information and belief, Apple indirectly infringes the '580 patent by
knowingly and intentionally inducing the infringement of this patent by end users of its accused
products. Further, on information and belief, Apple contributes to the infringement of the '580
patent because Apple knows that its mobile devices are made for use in infringement and are not
staple articles of commerce suitable for substantial non-infringing use.
15.
Apple's infringing activities have caused and will continue to cause Plaintiffs
irreparable harm, for which they have no adequate remedy at law, unless Apple's infringing
activities are enjoined by this Court in accordance with 35 U.S.C. § 283.
16.
Plaintiffs have been and continue to be damaged by Apple's infringement of the
'580 patent in an amount to be determined at trial.
17.
On information and belief, Apple's infringement ofthe '580 patent is willful and
deliberate, and justifies an increase in damages of up to three times in accordance with 35 U.S.C.
§ 284.
18.
On information and belief, Apple's infringement of the' 580 patent is exceptional and
entitles Plaintiffs to attorneys' fees and costs in prosecuting this action under 35 U.S.C. § 285.
COUNT II: INFRINGEMENT OF U.S. PATENT NO. 5,922,047
19.
Plaintiffs incorporate by reference paragraphs 1-1 0.
20.
The '04 7 patent, entitled "Apparatus, Method and System for Multimedia Control and
Communication," lawfully issued on July 13, 1999. A true and correct copy of the '047 patent is
attached to this Complaint as Exhibit 2.
21.
Mobility has record title and legal ownership in and to the '047 patent, including the
right to bring this suit for injunctive relief and damages. Mobility Ireland and Mobility International
4
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have an exclusive license to use and exercise certain rights under the '047 patent, subject to certain
substantial rights retained by Mobility, such as the right to bring the present action.
22.
On information and belief, Apple has infringed and is still infringing the '047 patent
at least under 35 U.S.C. §§ 271(a) and/or (g), literally or under the doctrine of equivalents, by
activities including making, using, offering for sale and selling in the United States, and by
importing into the United States, without authority, products and services including but not limited
to the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad 2, and the Apple
iPad 3.
23.
Apple's infringing activities have caused and will continue to cause Plaintiffs
irreparable harm, for which they have no adequate remedy at law, unless Apple's infringing
activities are enjoined by this Court in accordance with 35 U.S.C. § 283.
24.
Plaintiffs have been and continue to be damaged by Apple's infringement of the
'047 patent in an amount to be determined at trial.
25.
On information and belief, Apple's infringement ofthe '047 patent is exceptional and
entitles Plaintiffs to attorneys' fees and costs in prosecuting this action under 35 U.S.C. § 285.
COUNT III: INFRINGEMENT OF U.S. PATENT NO. 6,425,002
26.
Plaintiffs incorporate by reference paragraphs 1-10.
27.
The '002 patent, entitled "Apparatus and Method for Handling Dispatching Messages
for Various Applications of a Communication Device," lawfully issued on July 23, 2002. A true and
correct copy of the '002 patent is attached to this Complaint as Exhibit 3.
28.
Mobility has record title and legal ownership in and to the '002 patent, including the
right to bring this suit for injunctive relief and damages. Mobility Ireland and Mobility International
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have an exclusive license to use and exercise certain rights under the '002 patent, subject to certain
substantial rights retained by Mobility, such as the right to bring the present action.
29.
On information and belief, Apple has infringed and is still infringing the '002 patent
at least under 35 U.S.C. §§ 271(a) and/or (g), literally or under the doctrine of equivalents, by
activities including making, using, offering for sale and selling in the United States, and by
importing into the United States, without authority, products and services including but not limited
to the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad 2, and the Apple
iPad 3.
30.
Apple's infringing activities have caused and will continue to cause Plaintiffs
irreparable harm, for which they have no adequate remedy at law, unless Apple's infringing
activities are enjoined by this Court in accordance with 35 U.S.C. § 283.
31.
Plaintiffs have been and continue to be damaged by Apple's infringement of the
'002 patent in an amount to be determined at trial.
32.
On information and belief, Apple's infringement of the '002 patent is exceptional and
entitles Plaintiffs to attorneys' fees and costs in prosecuting this action under 35 U.S.C. § 285.
COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 6,493,673
33.
Plaintiffs incorporate by reference paragraphs 1-10.
34.
The '673 patent, entitled "Markup Language For Interactive Services And Methods
Thereof," lawfully issued on December 10, 2002. A true and correct copy of the '673 patent is
attached to this Complaint as Exhibit 4.
35.
Mobility has record title and legal ownership in and to the '673 patent, including the
right to bring this suit for injunctive relief and damages. Mobility Ireland and Mobility International
6
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have an exclusive license to use and exercise certain rights under the '673 patent, subject to certain
substantial rights retained by Mobility, such as the right to bring the present action.
36.
On information and belief, Apple has infringed and is still infringing the '673 patent
at least under 35 U.S.C. §§ 27l(a) and/or (g), literally or under the doctrine of equivalents, by
activities including making, using, offering for sale and selling in the United States, and by
importing into the United States, without authority, products and services including but not limited
to the Apple iPhone 4S.
37.
Apple's infringing activities have caused and will continue to cause Plaintiffs
irreparable harm, for which they have no adequate remedy at law, unless Apple's infringing
activities are enjoined by this Court in accordance with 35 U.S.C. § 283.
38.
Plaintiffs have been and continue to be damaged by Apple's infringement of the
'673 patent in an amount to be determined at trial.
39.
On information and belief, Apple's infringement of the '673 patent is exceptional and
entitles Plaintiffs to attorneys' fees and costs in prosecuting this action under 35 U.S.C. § 285.
COUNT V: INFRINGEMENT OF U.S. PATENT NO. 6,983,370
40.
Plaintiffs incorporate by reference paragraphs 1-10.
41.
The '370 patent, entitled "System for Providing Continuity Between Messaging
Clients and Method Therefor," lawfully issued on January 3, 2006. A true and correct copy of the
'370 patent is attached to this Complaint as Exhibit 5.
42.
Mobility has record title and legal ownership in and to the '370 patent, including the
right to bring this suit for injunctive relief and damages. Mobility Ireland and Mobility International
have an exclusive license to use and exercise certain rights under the '370 patent, subject to certain
substantial rights retained by Mobility, such as the right to bring the present action.
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43.
On information and belief, Apple has infringed and is still infringing, contributorily
infringing and/or inducing infringement of the '370 patent under 35 U.S.C. §§ 271(a), (b), (c) and/or
(g), directly and/or indirectly, literally or under the doctrine of equivalents, by activities including
making, using, offering for sale and selling in the United States, and by importing into the United
States, without authority, products and services including but not limited to the Apple iPhone 4, the
Apple iPhone 4S, the Apple iPad 2, the Apple iPad 3, the Mac Pro, the iMac, the Mac mini, the
MacBook Pro, and the MacBook Air. Moreover, Apple is aware of the '370 patent, at least because
this patent was previously asserted against Microsoft in Motorola Mobility, Inc. v. Microsoft Corp.,
Case No. 2:11-CV-01408-JLR (W.D. Wash.), and Apple has been monitoring that litigation. On
information and belief, Apple indirectly infringes the '370 patent by knowingly and intentionally
inducing the infringement of this patent by end users of its accused products.
Further, on
information and belief, Apple contributes to the infringement of the '370 patent because Apple
knows that its accused products are made for use in infringement and are not staple articles of
commerce suitable for substantial non-infringing use.
44.
Apple's infringing activities have caused and will continue to cause Plainti'ffs
irreparable harm, for which they have no adequate remedy at law, unless Apple's infringing
activities are enjoined by this Court in accordance with 35 U.S.C. § 283.
45 .
Plaintiffs have been and continue to be damaged by Apple's infringement of the
'370 patent in an amount to be determined at trial.
46.
On information and belief, Apple's infringement of the '370 patent is willful and
deliberate, and justifies an increase in damages ofup to three times in accordance with 35 U.S.C.
§ 284.
8
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4 7.
On information and belief, Apple's infringement of the '370 patent is exceptional and
entitles Plaintiffs to attorneys' fees and costs in prosecuting this action under 35 U.S. C. § 285.
COUNT VI: INFRINGEMENT OF U.S. PATENT NO. 7,007,064
48.
Plaintiffs incorporate by reference paragraphs 1-10.
49.
The '064 patent, titled "Method and Apparatus for Obtaining and Managing
Wirelessly Communicated Content," lawfully issued on February 28, 2006. A true and correct copy
of the '064 patent is attached to this Complaint as Exhibit 6.
50.
Mobility has record title and legal ownership in and to the '064 patent, including the
right to bring this suit for injunctive relief and damages. Mobility Ireland and Mobility International
have an exclusive license to use and exercise certain rights under the '064 patent, subject to certain
substantial rights retained by Mobility, such as the right to bring the present action.
51.
On information and belief, Apple has infringed and is still infringing the '064 patent
at least under 35 U.S.C. §§ 271(a) and/or (g), literally or under the doctrine of equivalents, by
activities including making, using, offering for sale and selling in the United States, and by
importing into the United States, without authority, products and services including but not limited
to the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad 2, and the Apple
iPad 3.
52.
Apple's infringing activities have caused and will continue to cause Plaintiffs
irreparable harm, for which they have no adequate remedy at law, unless Apple's infringing
activities are enjoined by this Court in accordance with 35 U.S.C. § 283.
53.
Plaintiffs have been and continue to be damaged by Apple's infringement of the
'064 patent in an amount to be determined at trial.
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54.
On information and belief, Apple's infringement of the '064 patent is exceptional and
entitles Plaintiffs to attorneys' fees and costs in prosecuting this action under 35 U.S.C. § 285.
COUNT VII: INFRINGEMENT OF U.S. PATENT NO. 7,383,983
55.
Plaintiffs incorporate by reference paragraphs 1-10.
56.
The '983 patent, entitled "System and Method for Managing Content Between
Devices In Various Domains," lawfully issued on June 10, 2008. A true and correct copy of the
'983 patent is attached to this Complaint as Exhibit 7.
57.
Mobility has record title and legal ownership in and to the '983 patent, including the
right to bring this suit for injunctive relief and damages. Mobility Ireland and Mobility International
have an exclusive license to use and exercise certain rights under the '983 patent, subject to certain
substantial rights retained by Mobility, such as the right to bring the present action.
58.
On information and belief, Apple has infringed and is still infringing, contributorily
infringing and/or inducing infringement of the '983 patent under 35 U.S.C. §§ 271(a), (b), (c) and/or
(g), directly and/or indirectly, literally or under the doctrine of equivalents, by activities including
making, using, offering for sale and selling in the United States, and by importing into the United
States, without authority, products and services including but not limited to the Apple iPod Touch,
the Apple iPhone 3GS, the Apple iPhone 4, the Apple iPhone 4S, the Apple iPad, the Apple iPad 2,
and the Apple iPad 3. Moreover, Apple is aware of the '983 patent through discussions with
Mobility in 2010.
On information and belief, Apple indirectly infringes the '983 patent by
knowingly and intentionally inducing the infringement of this patent by end users of its accused
products. Further, on information and belief, Apple contributes to the infringement of the '983
patent because Apple knows that its mobile devices are made for use in infringement and are not
staple articles of commerce suitable for substantial non-infringing use.
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59.
Apple's infringing activities have caused and will continue to cause Plaintiffs
irreparable harm, for which they have no adequate remedy at law, unless Apple's infringing
activities are enjoined by this Court in accordance with 35 U.S.C. § 283.
60.
Plaintiffs have been and continue to be damaged by Apple's infringement of the
'983 patent in an amount to be determined at trial.
61.
On information and belief, Apple's infringement of the '983 patent is willful and
deliberate, and justifies an increase in damages ofup to three times in accordance with 35 U.S.C.
§ 284.
62.
On information and belief, Apple's infringement of the '983 patent is exceptional and
entitles Plaintiffs to attorneys' fees and costs in prosecuting this action under 35 U.S.C. § 285.
DEMAND FOR JURY TRIAL
63.
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs demand a
jury trial.
REQUEST FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that:
(a)
Judgment be entered that Apple has infringed one or more claims of each of the
Asserted Patents;
(b)
Judgment be entered permanently enjoining Apple, its directors, officers, agents,
servants and employees, and those acting in privity or in concert with them, and their subsidiaries,
divisions, successors and assigns, from further acts of infringement, contributory infringement, or
inducement of infringement of the Asserted Patents;
(c)
Judgment be entered awarding Plaintiffs all damages adequate to compensate them
for Apple's infringement of the Asserted Patents including all pre-judgment and post-judgment
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interest of the Asserted Patents including all pre-judgment and post-judgment interest at the
maximum rate permitted by law;
(d)
Judgment be entered that Apple's infringement of at least the '580 patent, the
'370 patent, and the '983 patent is willful and deliberate, and therefore that Plaintiffs are entitled to
treble damages as provided by 35 U.S.C. § 284;
(e)
Judgment be entered that this is an exceptional case entitling Plaintiffs to an award of
their attorneys' fees for bringing and prosecuting this action, together with interest, and costs of the
action, pursuant to 35 U.S.C. § 285; and
(f)
Judgment be entered awarding Plaintiffs such other and further relief as this Court
may deem just and proper.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
_ALt
OF COUNSEL:
Charles K. Verhoeven
QUINN EMANUEL URQUHART &
SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
(415) 875-6600
LJ~
Jack Blumenfeld
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