Silver State Intellectual Technologies, Inc. v. Apple Inc.

Filing 1

COMPLAINT Complaint for Patent Infringement against Apple Inc. (Filing fee $400 receipt number 0978-2836871), filed by Silver State Intellectual Technologies, Inc.. Certificate of Interested Parties due by 6/9/2013. Proof of service due by 9/27/2013. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A - F) (Leascher-Works, Kendelee)

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R. Scott Weide (NV Bar No. 5541)
Kendelee L. Works (NV Bar No. 9611)
WEIDE & MILLER, LTD.
Bank of Nevada Building
5th Floor, Suite 530
7251 West Lake Mead Blvd.
Las Vegas, NV 89128
Phone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Brenton R. Babcock (pending pro hac vice)
Marko R. Zoretic (pending pro hac vice)
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main St., 14th Floor
Irvine, CA 92614
Phone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Frederick S. Berretta (pending pro hac vice)
KNOBBE, MARTENS, OLSON & BEAR, LLP
12790 El Camino Real
San Diego, CA 92130
Phone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff
SILVER STATE INTELLECTUAL TECHNOLOGIES, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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SILVER STATE INTELLECTUAL
TECHNOLOGIES, INC., a Nevada
corporation,

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Plaintiff,
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v.
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APPLE INC., a California corporation,
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Defendant.
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W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

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Case No.: 2:13-cv-00957
COMPLAINT FOR PATENT
INFRINGEMENT

DEMAND FOR JURY TRIAL

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COMPLAINT FOR PATENT INFRINGEMENT

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Plaintiff SILVER STATE INTELLECTUAL TECHNOLOGIES, INC. by and

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through its undersigned attorneys, hereby complains of Defendant APPLE INC., for

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infringement of the United States Patents identified herein, and alleges as follows:

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JURISDICTION AND VENUE
1.

United States, Title 35, United States Code, and more particularly 35 U.S.C. §§ 271 and 281.
2.

This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. §§ 1331 and 1338(a).
3.

Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c),

and 1400(b).

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

THE PARTIES
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Plaintiff SILVER STATE INTELLECTUAL TECHNOLOGIES, INC.

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(hereinafter, “SILVER STATE”) is a Nevada corporation with its principal place of business

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at 9811 Charleston Blvd., #2-787, Las Vegas, Nevada 89117.

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5.

SILVER STATE is the owner by assignment of United States Patent No.

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6,525,768, entitled POSITIONAL CAMERA AND GPS DATA INTERCHANGE DEVICE,

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duly and lawfully issued on February 25, 2003 (“the ’768 patent”), attached hereto as Exhibit A;

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United States Patent No. 6,529,824, entitled PERSONAL COMMUNICATION SYSTEM

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FOR COMMUNICATING VOICE DATA POSITIONING INFORMATION, duly and

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lawfully issued on March 4, 2003 (“the ’824 patent”), attached hereto as Exhibit B; United

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States Patent No. 6,868,335, entitled PERSONAL COMMUNICATION SYSTEM FOR

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COMMUNICATING VOICE DATA POSITIONING INFORMATION, duly and lawfully

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issued on March 15, 2005 (“the ’335 patent”), attached hereto as Exhibit C; United States Patent

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No. 7,522,992, entitled TECHNIQUE FOR EFFECTIVE NAVIGATION BASED ON USER

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PREFERENCES, duly and lawfully issued on April 21, 2009 (“the ’992 patent”), attached

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hereto as Exhibit D; United States Patent No. 7,593,812, entitled TECHNIQUE FOR

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EFFECTIVE NAVIGATION BASED ON USER PREFERENCES, duly and lawfully issued

W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

KLW-W-0345

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Complaint

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on September 22, 2009 (“the ’812 patent”), attached hereto as Exhibit E; and United States

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Patent No. 7,650,234, entitled TECHNIQUE FOR EFFECTIVE NAVIGATION BASED ON

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USER PREFERENCES, duly and lawfully issued on January 19, 2010 (“the ’234 patent”),

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attached hereto as Exhibit F; among other patents and pending patent applications.

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Upon information and belief, Defendant APPLE INC. (hereinafter, “APPLE”)

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is a California corporation with its principal place of business at 1 Infinite Loop, Cupertino,

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California 95014.

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Upon information and belief, APPLE makes, uses, offers for sale and sells in

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the United States, and imports into the United States certain mobile digital devices, including

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the APPLE iPhone, iPad, and iPod touch, and associated systems, that SILVER STATE

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alleges infringe the ’768 patent, the ’824 patent, the ’335 patent, the ’992 patent, the ’812

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patent, and the ’234 patent as alleged further herein.
8.

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Upon information and belief, APPLE does business in this judicial district and

has committed acts of infringement in this judicial district.

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FIRST CLAIM FOR RELIEF

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INFRINGEMENT OF U.S. PATENT NO. 6,525,768

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SILVER STATE realleges and incorporates herein by reference the allegations

stated in paragraphs 1–8 of this Complaint.

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10.

Upon information and belief, in violation of 35 U.S.C. § 271(a), APPLE has

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directly infringed and is continuing to directly infringe one or more claims of the ’768 patent

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by making, using, offering for sale and selling in the United States, and by importing into the

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United States, without authority, certain mobile digital devices, including, without limitation,

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infringement of Claim 2 of the ’768 patent by one or more versions of the APPLE iPhone and

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iPad.

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11.

As a direct and proximate result of APPLE’s infringement of the ’768 patent,

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SILVER STATE has been and continues to be damaged in an amount to be determined at

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trial.

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///

W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

KLW-W-0345

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Complaint

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SECOND CLAIM FOR RELIEF

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INFRINGEMENT OF U.S. PATENT NO. 6,529,824

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SILVER STATE realleges and incorporates herein by reference the allegations

stated in paragraphs 1–8 of this Complaint.

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13.

Upon information and belief, in violation of 35 U.S.C. § 271(a), APPLE has

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directly infringed and is continuing to directly infringe one or more claims of the ’824 patent,

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including, without limitation, by practicing the method of Claim 8 of the ’824 patent in

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connection with APPLE’s mobile digital devices, such as the APPLE iPhone, iPad and iPod

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touch.
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As a direct and proximate result of APPLE’s infringement of the ’824 patent,

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SILVER STATE has been and continues to be damaged in an amount to be determined at

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trial.

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THIRD CLAIM FOR RELIEF

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INFRINGEMENT OF U.S. PATENT NO. 6,868,335

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SILVER STATE realleges and incorporates herein by reference the allegations

stated in paragraphs 1–8 of this Complaint.
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Upon information and belief, in violation of 35 U.S.C. § 271(b), APPLE, upon

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notice of this complaint, is inducing infringement, and shall continue to induce infringement

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of one or more claims of the ’335 patent including, without limitation, infringement of

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Claim 1 of the ’335 patent by inducing others, including entities such as end users of one or

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more versions of the APPLE iPhone, iPad, and iPod touch, to perform one or more of the

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claimed methods of the ’335 patent, including at least Claim 1.

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17.

Upon information and belief, APPLE designs and manufactures the APPLE

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iPhone, iPad, and iPod touch, and has taken active steps to encourage use of the iPhone, iPad,

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and iPod touch by others, including, for example, providing customers with one or more

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versions of iPhones, iPads, and iPod touches that practice, at least, Claim 1 of the ’335 Patent,

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and providing options or instructions to its customers to use these products in a manner that

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infringes, at least, Claim 1 of the ’335 patent.

W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

KLW-W-0345

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Complaint

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As a direct and proximate result of APPLE’s infringement of the ’335 patent,

SILVER STATE shall continue to be damaged in an amount to be determined at trial.

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FOURTH CLAIM FOR RELIEF

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INFRINGEMENT OF U.S. PATENT NO. 7,522,992

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SILVER STATE realleges and incorporates herein by reference the allegations

stated in paragraphs 1–8 of this Complaint.

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20.

Upon information and belief, in violation of 35 U.S.C. § 271(a), APPLE has

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directly infringed and is continuing to directly infringe one or more claims of the ’992 patent

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by making, using, offering for sale and selling in the United States, and by importing into the

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United States, without authority, certain mobile digital devices, including, without limitation,

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infringement of Claim 23 of the ’992 patent by one or more versions of the APPLE iPhone,

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iPad, and iPod touch.
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As a direct and proximate result of APPLE’s infringement of the ’992 patent,

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SILVER STATE has been and continues to be damaged in an amount to be determined at

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trial.

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FIFTH CLAIM FOR RELIEF

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INFRINGEMENT OF U.S. PATENT NO. 7,593,812

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SILVER STATE realleges and incorporates herein by reference the allegations

stated in paragraphs 1–8 of this Complaint.

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23.

Upon information and belief, in violation of 35 U.S.C. § 271(a), APPLE has

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directly infringed and is continuing to directly infringe one or more claims of the ’812 patent

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by making, using, offering for sale and selling in the United States, and by importing into the

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United States, without authority, certain mobile digital devices and associated systems,

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including, without limitation, infringement of Claim 10 of the ’812 patent by one or more

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versions of the APPLE iPhone.

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24.

As a direct and proximate result of APPLE’s infringement of the ’812 patent,

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SILVER STATE has been and continues to be damaged in an amount to be determined at

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trial.

W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

KLW-W-0345

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Complaint

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SIXTH CLAIM FOR RELIEF

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INFRINGEMENT OF U.S. PATENT NO. 7,650,234

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SILVER STATE realleges and incorporates herein by reference the allegations

stated in paragraphs 1–8 of this Complaint.

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Upon information and belief, in violation of 35 U.S.C. § 271(a), APPLE has

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directly infringed and is continuing to directly infringe one or more claims of the ’234 patent

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by making, using, offering for sale and selling in the United States, and by importing into the

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United States, without authority, certain mobile digital devices and associated systems,

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including, without limitation, infringement of Claim 17 of the ’234 patent by one or more

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versions of the APPLE iPhone, iPad, and iPod touch.
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As a direct and proximate result of APPLE’s infringement of the ’234 patent,

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SILVER STATE has been and continues to be damaged in an amount to be determined at

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trial.

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PRAYER FOR RELIEF
WHEREFORE, Plaintiff SILVER STATE prays for judgment in its favor against
APPLE for the following relief:

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A.

For an Order adjudging APPLE to have infringed the ’768 patent under

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35 U.S.C. § 271;

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B.

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35 U.S.C. § 271;

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C.

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35 U.S.C. § 271;

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D.

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35 U.S.C. § 271;

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E.

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35 U.S.C. § 271;

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F.

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35 U.S.C. § 271;

For an Order adjudging APPLE to have infringed the ’824 patent under

For an Order adjudging APPLE to have infringed the ’335 patent under

For an Order adjudging APPLE to have infringed the ’992 patent under

For an Order adjudging APPLE to have infringed the ’812 patent under

For an Order adjudging APPLE to have infringed the ’234 patent under

W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

KLW-W-0345

-5-

Complaint

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G.

That the Court award SILVER STATE recovery of damages to compensate it for

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APPLE’s infringement of SILVER STATE’s patents as alleged herein, pursuant to 35 U.S.C.

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§ 284;

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H.

That the Court order APPLE to pay supplemental damages to SILVER STATE,

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including, without limitation, pre-judgment and post-judgment interest, and costs of suit herein

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pursuant to 35 U.S.C. § 284; and

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I.

That SILVER STATE have such other and further relief as this Court may deem

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just and proper.

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Respectfully submitted,

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WEIDE & MILLER, LTD.

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Dated: May 30, 2013

By:
R. Scott Weide, Esq.
Kendelee L. Works, Esq.

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and

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KNOBBE, MARTENS, OLSON & BEAR, LLP

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Brenton R. Babcock, Esq. (pending pro hac vice)
Frederick S. Berretta, Esq. (pending pro hac vice)
Marko R. Zoretic, Esq. (pending pro hac vice)

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Attorneys for Plaintiff
SILVER STATE INTELLECTUAL
TECHNOLOGIES, INC.

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W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

KLW-W-0345

-6-

Complaint

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DEMAND FOR TRIAL BY JURY

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Plaintiff SILVER STATE hereby demands a trial by jury on all issues so triable.

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Respectfully submitted,

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WEIDE & MILLER, LTD.

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Dated: May 30, 2013

By:
R. Scott Weide, Esq.
Kendelee L. Works, Esq.

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and
KNOBBE, MARTENS, OLSON & BEAR, LLP

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Brenton R. Babcock, Esq. (pending pro hac vice)
Frederick S. Berretta, Esq. (pending pro hac vice)
Marko R. Zoretic, Esq. (pending pro hac vice)

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Attorneys for Plaintiff
SILVER STATE INTELLECTUAL
TECHNOLOGIES, INC.

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SSITL.003L
15392785

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W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

KLW-W-0345

-7-

Complaint