Eastman Kodak Company v. Apple Inc.

Filing 1

COMPLAINT against Apple Inc. ( Filing fee $ 350 receipt number 003685.), filed by Eastman Kodak Company.(TO)

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Eastman Kodak Company v. Apple Inc. Doc. 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ) ) EASTMAN KODAK COMPANY, ) ) Plaint iff, ) vs. ) ) APPLE INC. ) Defendant. ) ) ___________________________________ ) Civil Action No. ___________________ JURY TRIAL DEMANDED COMPLAINT AND JURY CLAIM 1. This action arises under the patent laws of the United States, Title 35 of the United States Code, and relates to U.S. Patent No. 5,226,161, U.S. Patent No. 5,421,012, and U.S. Patent No. 5,303,379. The Parties 2. Plaint iff Eastman Kodak Company ("Kodak") is a New Jersey corporation with its principal place of business at 343 State Street, Rochester, New York 14650. 3. The Defendant is Apple Inc. ("Apple"). Apple Inc., is a California corporation having its principle place of business at 1 Infinite Loop, Cupertino, California 95014. Among other things, Apple Inc. designs, manufactures and markets personal computers, mobile communication devices and portable digital music and video players, and sells a variety of related software, services, peripherals and network solutions. Jurisdiction and Venue 4. (a). This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1338 Dockets.Justia.com 5. The personal jurisdiction of this Court over Apple is proper because Apple commits acts of infringement in violation of 35 U.S.C. 271 and places infringing products into the stream of commerce, via an established distribution channel, with the knowledge and/or understanding that such products are sold in the State of New York, including in this District. These acts cause injury to Kodak within the District. Upon information and belief, Apple derives substantial revenue from the sale of infringing products distributed within the District, and/or expects or should reasonably expect its actions to have consequences within the District and derives substantial revenue from interstate and international commerce. In addition, Apple has, and continues to, knowingly induce infringement within this State and within this District by contracting with others to market and sell infringing products with the knowledge and intent to facilitate infringing sales of the products by others within this District, by creating and/or disseminating user manuals for the products with like knowledge and intent, and by warranting the products sold by others within the District. 6. (b). First Claim for Relief (Patent Infringement) 7. Kodak is the owner by assignment of U.S. Patent No. 5,226,161 ("the `161 Venue is proper in this District under 28 U.S.C. 1391 (b), (c) and 1400 patent"), entitled "Integration of Data Between Typed Objects by Mutual, Direct Invocation Between Data Managers Corresponding to Data Types" a true copy of which is attached hereto as Exhibit A. The `161 patent was duly and legally issued on July 6, 1993. -2- 8. Apple has infringed and continues to infringe the `161 patent, by using, selling and/or offering to sell, within the United States, and/or by importing into the United States, products, including, but not limited to, the Mac mini, iMac, Mac Pro, Xserve Nehalem, MacBook, iMac, iPhone 3GS, and iPod Touch, which embody and/or practice Claim 1 of the `161 patent in violation of 35 U.S.C. 271. 9. Apple has induced, and continues to induce, others to infringe the `161 patent in violation of 35 U.S.C 271, by taking active steps to encourage and facilitate others' direct infringement of Claim 1 of the `161 patent with knowledge of that infringement, such as, upon information and belief, by contracting for the distribution of the infringing mobile devices for infringing sale such as by retail sales outlets, by marketing the infringing mobile devices, by creating and/or distributing user manuals for the infringing mobile devices, and by supplying warranty coverage for the infringing mobile devices sold in this State and in this District. 10. Apple has contributorily infringed the `161 patent in violation of 35 U.S.C. 271, by selling within the United States, offering for sale within the United States, and/or importing components that embody a material part of the inventions described in Claim 1 of the `161 patent, are known by Apple to be especially made or specially adapted for use in infringement of Claim 1 of the `161 patent, and are not staple articles or commodities suitable for substantial, non-infringing use, including certain mobile devices and non-staple constituent parts of those mobile devices. 11. Kodak has put Apple on notice of the `161 patent and Apple's infringement thereof through a series of communications and meetings between Kodak and Apple beginning at least as early as November, 2007. Moreover, upon information -3- and belief, Apple had actual knowledge of the `161 patent well in advance of November, 2007. 12. As a result of Apple's infringement, Kodak has suffered, and will continue to suffer, substantial damages. Kodak will also suffer irreparable harm unless Apple's infringement is enjoined by this Court. Second Claim for Relief (Patent Infringement) 13. Kodak is the owner by assignment of U.S. Patent No. 5,421,012 ("the `012 patent"), entitled "Multitasking Computer System for Integrating the Operation of Different Application Programs which Manipulate Data Objects of Different Types" a true copy of which is attached hereto as Exhibit B. The `012 patent was duly and legally issued on May 30, 1995. 14. Apple has infringed and continues to infringe the `012 patent, by using, selling and/or offering to sell, within the United States, and/or by importing into the United States, products, including, but not limited to, the Mac mini, iMac, Mac Pro, Xserve Nehalem, MacBook, iMac, iPhone 3GS, and iPod Touch, which embody and/or practice Claim 1 of the `012 patent in violation of 35 U.S.C. 271. 15. Apple has induced, and continues to induce, others to infringe the `012 patent in violation of 35 U.S.C 271, by taking active steps to encourage and facilitate others' direct infringement of Claim 1 of the `012 patent with knowledge of that infringement, such as, upon information and belief, by contracting for the distribution of the infringing mobile devices for infringing sale such as by retail sales outlets, by marketing the infringing mobile devices, by creating and/or distributing user manuals for -4- the infringing mobile devices, and by supplying warranty coverage for the infringing mobile devices sold in this State and in this District. 16. Apple has contributorily infringed the `012 patent in violation of 35 U.S.C. 271, by selling within the United States, offering for sale within the United States, and/or importing components that embody a material part of the inventions described in Claim1 of the `012 patent, are known by Apple to be especially made or specially adapted for use in infringement of Claim 1 of the `012 patent, and are not staple articles or commodities suitable for substantial, non-infringing use, including certain mobile devices and non-staple constituent parts of those mobile devices. 17. Kodak has put Apple on notice of the `012 patent and Apple's infringement thereof through a series of communications and meetings between Kodak and Apple beginning at least as early as November, 2007. Moreover, upon information and belief, Apple had actual knowledge of the `012 patent well in advance of November, 2007. 18. As a result of Apple's infringement, Kodak has suffered, and will continue to suffer, substantial damages. Kodak will also suffer irreparable harm unless Apple's infringement is enjoined by this Court. Third Claim for Relief (Patent Infringement) 19. Kodak is the owner by assignment of U.S. Patent No. 5,303,379 ("the `379 patent"), entitled "Link Mechanism for Linking Data Between Objects and for Performing Operations on the Linked Data in an Object Based System" a true copy of which is attached hereto as Exhibit C. The `379 patent was duly and legally issued on April 12, 1994. -5- 20. Apple has infringed and continues to infringe the `379 patent, by using, selling and/or offering to sell, within the United States, and/or by importing into the United States, products, including, but not limited to, the Mac mini, iMac, Mac Pro, Xserve Nehalem, MacBook, iMac, iPhone 3GS, and iPod Touch, which embody and/or practice Claim 1 of the `379 patent in violation of 35 U.S.C. 271. 21. Apple has induced, and continues to induce, others to infringe the `379 patent in violation of 35 U.S.C 271, by taking active steps to encourage and facilitate others' direct infringement of Claim 1 of the `379 patent with knowledge of that infringement, such as, upon information and belief, by contracting for the distribution of the infringing mobile devices for infringing sale such as by retail sales outlets, by marketing the infringing mobile devices, by creating and/or distributing user manuals for the infringing mobile devices, and by supplying warranty coverage for the infringing mobile devices sold in this State and in this District. 22. Apple has contributorily infringed the `379 patent in violation of 35 U.S.C. 271, by selling within the United States, offering for sale within the United States, and/or importing components that embody a material part of the inventions described in Claim 1 of the `379 patent, are known by Apple to be especially made or specially adapted for use in infringement of Claim 1 of the `379 patent, and are not staple articles or commodities suitable for substantial, non-infringing use, including certain mobile devices and non-staple constituent parts of those mobile devices. 23. Kodak has put Apple on notice of the `379 patent and Apple's infringement thereof through a series of communications and meetings between Kodak and Apple beginning at least as early as November, 2007. Moreover, upon information -6- and belief, Apple had actual knowledge of the `379 patent well in advance of November, 2007. 24. As a result of Apple's infringement, Kodak has suffered, and will continue to suffer, substantial damages. Kodak will also suffer irreparable harm unless Apple's infringement is enjoined by this Court. WHEREFORE, Kodak requests that the Court: 1. Adjudge that Apple has infringed and continues to infringe the asserted claims of the `161, `012, and `379 patents; 2. Preliminarily and permanently enjoin Apple from further infringement of the `161, `012, and `379 patents; 3. 4. infringement; 5. and Award Kodak its costs and reasonable experts' fees and attorneys' fees; Award Kodak compensatory damages; Award Kodak enhanced damages of treble its actual damages for willful -7- 6. Award Kodak such other relief as the Court deems just and proper. PLAINTIFF CLAIMS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE. EASTMAN KODAK COMPANY By its attorneys, HARRIS BEACH PLLC Neal L. Slifkin Paul J. Yesawich, III Neal L. Slifkin Laura W. Smalley Attorneys for Eastman Kodak Company 99 Garnsey Road Pittsford, New York 14534 Tel: (585) 419-8800 Fax: (585) 419-8813 pyesawich@harrisbeach.co m nslifkin@harrisbeach.co m lsmalley@harrisbeach.com D ted: January 14, 2009 Daated: January 14, 2010 Seeking Admission Pro Hac Vice: Michael J. Bettinger Stephen M. Everett Elaine Chow Curt Holbreich K&L Gates LLP Four Embarcadero Ctr., Ste. 1200 San Francisco, CA 94111 Tel: (415) 882-8200 Fax: (415) 882-8220 michael.bettinger@klgates.com stephen.everett@klgates.com elaine.chow@klgates.com curt.holbreich@klgates.com -8- Michael J. Abernathy K&L Gates LLP 70 West Madison St., Ste. 3100 Chicago, IL 60602-4207 Tel: (312) 372-1121 Fax: (312) 287-8000 michael.abernathy@klgates.com David T. McDonald K&L Gates LLP 925 Fourth St., Ste. 2900 Seattle, WA 98104-1158 Tel: (206) 623-7580 Fax: (206) 623-7072 david.mcdonald@klgates.com -9- EXHIBIT A: U.S. PATENT 5,226,161 - 10 - EXHIBIT B: U.S. PATENT 5,421,012 - 11 - EXHIBIT C: U.S. PATENT 5,303,379

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