X2Y ATTENUATORS, LLC v. INTEL CORPORATION et al

Filing 1

COMPLAINT against APPLE INC., HEWLETT-PACKARD COMPANY, INTEL CORPORATION (Filing fee $350, receipt number 0315-1981005), filed by X2Y ATTENUATORS, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit a, # 3 Exhibit b, # 4 Exhibit c, # 5 Exhibit d, # 6 Exhibit e) (dm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
X2Y ATTENUATORS, LLC,
Plaintiff,
v.
INTEL CORPORATION, APPLE INC., and
HEWLETT-PACKARD COMPANY,
Defendants.

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) Civil Action No.
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) JURY TRIAL DEMANDED
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COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff X2Y Attenuators, LLC (“X2Y”), by its undersigned counsel, files this
Complaint against Defendants Intel Corporation (“Intel”), Apple Inc. (“Apple”), and HewlettPackard Company (“Hewlett-Packard”) (collectively “Defendants”).
NATURE OF THE ACTION
1.

This action arises under the patent laws of the United States, 35 U.S.C. §§ 1, et

seq., from Defendants’ direct infringement and indirect infringement of United States Patent
Nos. 6,738,249 (“the 249 patent”); 7,110,227 (“the 227 patent”); 7,609,500 (“the 500 patent”);
7,733,621 (“the 621 patent”); and 7,916,444 (“the 444 patent”).
PARTIES
2.

Plaintiff X2Y is a Nevada Limited Liability Company with its principal place of

business located at 2730-B West 21st Street, Erie, PA 16506.
3.

Defendant Intel is a Delaware corporation with its principal place of business

located at 2200 Mission Boulevard, Santa Clara, CA 95054.

4.

Defendant Apple is a California corporation with its principal place of business

located at 1 Infinite Loop, Cupertino, CA 95014.
5.

Defendant Hewlett-Packard is a Delaware corporation with its principal place of

business located at 3000 Hanover Street, Palo Alto, CA 94304.
JURISDICTION AND VENUE
6.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1332

and 1338(a).
7.

This Court has personal jurisdiction over Defendants because they have

continuous and systematic contacts with this forum as a result of business activities regularly
conducted within the Commonwealth of Pennsylvania and the Western District of Pennsylvania
(“this District”), which business activities introduce into the stream of commerce products and/or
components of products that infringe the 249 patent, the 227 patent, the 500 patent, the 621
patent, and the 444 patent.
8.

Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and (c) because

Defendants as corporations are deemed to reside in this District, transact and conduct business
within this district, and are subject to personal jurisdiction in this District.
9.

Separately, venue is proper in this District pursuant to 28 U.S.C. § 1400(b)

because Defendants as corporations are deemed to reside in this district and have committed acts
of infringement in this District and Defendants have regular and established places of business in
this District.
COUNT I – INFRINGEMENT OF THE 249 PATENT
10.

X2Y incorporates by reference, as if fully set forth herein, each and every one of

the foregoing numbered paragraphs.

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11.

On May 18, 2004, the United States Patent and Trademark Office (“USPTO”)

issued the 249 patent, entitled “Universal Energy Conditioning Interposer With Circuit
Architecture,” with Anthony A. Anthony and William M. Anthony named as inventors. A true
and correct copy of the 249 patent is provided as Exhibit A.
12.

X2Y is the owner of the 249 patent.

13.

Intel, Apple, and Hewlett-Packard have infringed and continue to infringe the 249

patent by engaging in acts constituting direct infringement, contributory infringement, and/or
inducement of infringement under 35 U.S.C. § 271 et seq., including but not necessarily limited
to one or more of making, using, selling, and offering to sell, in this District and elsewhere in the
United States, and importing into this District and elsewhere in the United States, without
authority, products and services including but not necessarily limited to microprocessors and
products that contain microprocessors, including personal computers.
14.

Upon information and belief, one such microprocessor includes the Intel Core i7-

950 3.06GHz 8M L3 Cache LGA1366 Desktop Processor.
15.

Upon information and belief, one such personal computer includes the Apple

iMac 27"/3.20/2x2GB Model No: A1312 personal computer sold with an Intel Core i3 processor.
16.

Upon information and belief, one such personal computer includes the Hewlett-

Packard TouchSmart 610 Series personal computer.
17.

Intel is not, and has not been at any time, licensed under the 249 patent.

18.

Apple is not, and has not been at any time, licensed under the 249 patent.

19.

Hewlett-Packard is not, and has not been at any time, licensed under the 249

patent.

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20.

X2Y has suffered monetary damages and other injuries by Defendants’ past and

continuing infringement, contributory infringement, and/or inducement of infringement of the
249 patent in an amount to be proven at trial.
21.

X2Y has been irreparably injured by Defendants’ past and continuing

infringement, contributory infringement, and/or inducement of infringement of the 249 patent,
and Defendants’ infringing activities will continue unless enjoined by this Court pursuant to 35
U.S.C. § 283.
22.

Defendant Intel has been aware of the 249 Patent, and has acted in an objectively

reckless manner and has known or should have known of the risk of its actions such that its
infringement, contributory infringement, and/or inducement of infringement of the 249 patent
have been and continue to be willful and deliberate, and X2Y is entitled to recover enhanced
damages pursuant to 35 U.S.C. § 284 and attorneys’ fees and other expenses of litigation
pursuant to 35 U.S.C. § 285.
COUNT II – INFRINGEMENT OF THE 227 PATENT
23.

X2Y incorporates by reference, as if fully set forth herein, each and every one of

the foregoing numbered paragraphs.
24.

On September 19, 2006, the United States Patent and Trademark Office

(“USPTO”) issued the 227 patent, entitled “Universal Energy Conditioning Interposer With
Circuit Architecture,” with Anthony A. Anthony and William M. Anthony named as inventors.
A true and correct copy of the 227 patent is provided as Exhibit B.
25.

X2Y is the owner of the 227 patent.

26.

Intel, Apple, and Hewlett-Packard have infringed and continue to infringe the 227

patent by engaging in acts constituting direct infringement, contributory infringement, and/or
inducement of infringement under 35 U.S.C. § 271 et seq., including but not necessarily limited
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to one or more of making, using, selling, and offering to sell, in this District and elsewhere in the
United States, and importing into this District and elsewhere in the United States, without
authority, products and services including but not necessarily limited to microprocessors and
products that contain microprocessors, including personal computers.
27.

Upon information and belief, one such microprocessor includes the Intel Core i7-

950 3.06GHz 8M L3 Cache LGA1366 Desktop Processor.
28.

Upon information and belief, one such personal computer includes the Apple

iMac 27"/3.20/2x2GB Model No: A1312 personal computer sold with an Intel Core i3 processor.
29.

Upon information and belief, one such personal computer includes the Hewlett-

Packard TouchSmart 610 Series personal computer.
30.

Intel is not, and has not been at any time, licensed under the 227 patent.

31.

Apple is not, and has not been at any time, licensed under the 227 patent.

32.

Hewlett-Packard is not, and has not been at any time, licensed under the 227

33.

X2Y has suffered monetary damages and other injuries by Defendants’ past and

patent.

continuing infringement, contributory infringement, and/or inducement of infringement of the
227 patent in an amount to be proven at trial.
34.

X2Y has been irreparably injured by Defendants’ past and continuing

infringement, contributory infringement, and/or inducement of infringement of the 227 patent,
and Defendants’ infringing activities will continue unless enjoined by this Court pursuant to 35
U.S.C. § 283.
35.

Defendant Intel has been aware of the 227 Patent, and has acted in an objectively

reckless manner and has known or should have known of the risk of its actions such that its

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infringement, contributory infringement, and/or inducement of infringement of the 227 patent
have been and continues to be willful and deliberate, and X2Y is entitled to recover enhanced
damages pursuant to 35 U.S.C. § 284 and attorneys’ fees and other expenses of litigation
pursuant to 35 U.S.C. § 285.
COUNT III – INFRINGEMENT OF THE 500 PATENT
36.

X2Y incorporates by reference, as if fully set forth herein, each and every one of

the foregoing numbered paragraphs.
37.

On October 27, 2009, the United States Patent and Trademark Office (“USPTO”)

issued the 500 patent, entitled “Universal Energy Conditioning Interposer With Circuit
Architecture,” with Anthony A. Anthony and William M. Anthony named as inventors. A true
and correct copy of the 500 patent is provided as Exhibit C.
38.

X2Y is the owner of the 500 patent.

39.

Intel, Apple, and Hewlett-Packard have infringed and continue to infringe the 500

patent by engaging in acts constituting direct infringement, contributory infringement, and/or
inducement of infringement under 35 U.S.C. § 271 et seq., including but not necessarily limited
to one or more of making, using, selling, and offering to sell, in this District and elsewhere in the
United States, and importing into this District and elsewhere in the United States, without
authority, products and services including but not necessarily limited to microprocessors and
products that contain microprocessors, including personal computers.
40.

Upon information and belief, one such microprocessor includes the Intel Core i7-

950 3.06GHz 8M L3 Cache LGA1366 Desktop Processor.
41.

Upon information and belief, one such personal computer includes the Apple

iMac 27"/3.20/2x2GB Model No: A1312 personal computer sold with an Intel Core i3 processor.

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42.

Upon information and belief, one such personal computer includes the Hewlett-

Packard TouchSmart 610 Series personal computer.
43.

Intel is not, and has not been at any time, licensed under the 500 patent.

44.

Apple is not, and has not been at any time, licensed under the 500 patent.

45.

Hewlett-Packard is not, and has not been at any time, licensed under the 500

46.

X2Y has suffered monetary damages and other injuries by Defendants’ past and

patent.

continuing infringement, contributory infringement, and/or inducement of infringement of the
500 patent in an amount to be proven at trial.
47.

X2Y has been irreparably injured by Defendants’ past and continuing

infringement, contributory infringement, and/or inducement of infringement of the 500 patent,
and Defendants’ infringing activities will continue unless enjoined by this Court pursuant to 35
U.S.C. § 283.
48.

Defendant Intel has been aware of the 500 Patent, and has acted in an objectively

reckless manner and has known or should have known of the risk of its actions such that its
infringement, contributory infringement, and/or inducement of infringement of the 500 patent
have been and continue to be willful and deliberate, and X2Y is entitled to recover enhanced
damages pursuant to 35 U.S.C. § 284 and attorneys’ fees and other expenses of litigation
pursuant to 35 U.S.C. § 285.
COUNT IV – INFRINGEMENT OF THE 621 PATENT
49.

X2Y incorporates by reference, as if fully set forth herein, each and every one of

the foregoing numbered paragraphs.
50.

On June 8, 2010, the United States Patent and Trademark Office (“USPTO”)

issued the 621 patent, entitled “Energy Conditioning Circuit Arrangement for Integrated
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Circuit,” with Anthony A. Anthony and William M. Anthony named as inventors. A true and
correct copy of the 621 patent is provided as Exhibit D.
51.

X2Y is the owner of the 621 patent.

52.

Intel, Apple, and Hewlett-Packard have infringed and continue to infringe the 621

patent by engaging in acts constituting direct infringement, contributory infringement, and/or
inducement of infringement under 35 U.S.C. § 271 et seq., including but not necessarily limited
to one or more of making, using, selling, and offering to sell, in this District and elsewhere in the
United States, and importing into this District and elsewhere in the United States, without
authority, products and services including but not necessarily limited to microprocessors and
products that contain microprocessors, including personal computers.
53.

Upon information and belief, one such microprocessor includes the Intel Core i7-

950 3.06GHz 8M L3 Cache LGA1366 Desktop Processor.
54.

Upon information and belief, one such personal computer includes the Apple

iMac 27"/3.20/2x2GB Model No: A1312 personal computer sold with an Intel Core i3 processor.
55.

Upon information and belief, one such personal computer includes the Hewlett-

Packard TouchSmart 610 Series personal computer.
56.

Intel is not, and has not been at any time, licensed under the 621 patent.

57.

Apple is not, and has not been at any time, licensed under the 621 patent.

58.

Hewlett-Packard is not, and has not been at any time, licensed under the 621

59.

X2Y has suffered monetary damages and other injuries by Defendants’ past and

patent.

continuing infringement, contributory infringement, and/or inducement of infringement of the
621 patent in an amount to be proven at trial.

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60.

X2Y has been irreparably injured by Defendants’ past and continuing

infringement, contributory infringement, and/or inducement of infringement of the 621 patent,
and Defendants’ infringing activities will continue unless enjoined by this Court pursuant to 35
U.S.C. § 283.
61.

Defendant Intel has been aware of the 621 Patent, and has acted in an objectively

reckless manner and has known or should have known of the risk of its actions such that its
infringement, contributory infringement, and/or inducement of infringement of the 621 patent
have been and continue to be willful and deliberate, and X2Y is entitled to recover enhanced
damages pursuant to 35 U.S.C. § 284 and attorneys’ fees and other expenses of litigation
pursuant to 35 U.S.C. § 285.
COUNT V – INFRINGEMENT OF THE 444 PATENT
62.

X2Y incorporates by reference, as if fully set forth herein, each and every one of

the foregoing numbered paragraphs.
63.

On March 29, 2011, the United States Patent and Trademark Office (“USPTO”)

issued the 444 patent, entitled “Arrangement for Energy Conditioning,” with Anthony A.
Anthony and William M. Anthony named as inventors. A true and correct copy of the 444
patent is provided as Exhibit E.
64.

X2Y is the owner of the 444 patent.

65.

Intel, Apple, and Hewlett-Packard have infringed and continue to infringe the 444

patent by engaging in acts constituting direct infringement, contributory infringement, and/or
inducement of infringement under 35 U.S.C. § 271 et seq., including but not necessarily limited
to one or more of making, using, selling, and offering to sell, in this District and elsewhere in the
United States, and importing into this District and elsewhere in the United States, without

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authority, products and services including but not necessarily limited to microprocessors and
products that contain microprocessors, including personal computers.
66.

Upon information and belief, one such microprocessor includes the Intel Core i7-

950 3.06GHz 8M L3 Cache LGA1366 Desktop Processor.
67.

Upon information and belief, one such personal computer includes the Apple

iMac 27"/3.20/2x2GB Model No: A1312 personal computer sold with an Intel Core i3 processor.
68.

Upon information and belief, one such personal computer includes the Hewlett-

Packard TouchSmart 610 Series personal computer.
69.

Intel is not, and has not been at any time, licensed under the 444 patent.

70.

Apple is not, and has not been at any time, licensed under the 444 patent.

71.

Hewlett-Packard is not, and has not been at any time, licensed under the 444

72.

X2Y has suffered monetary damages and other injuries by Defendants’ past and

patent.

continuing infringement, contributory infringement, and/or inducement of infringement of the
444 patent in an amount to be proven at trial.
73.

X2Y has been irreparably injured by Defendants’ past and continuing

infringement, contributory infringement, and/or inducement of infringement of the 444 patent,
and Defendants’ infringing activities will continue unless enjoined by this Court pursuant to 35
U.S.C. § 283.
74.

Defendant Intel has been aware of the 444 Patent, and has acted in an objectively

reckless manner and has known or should have known of the risk of its actions such that its
infringement, contributory infringement, and/or inducement of infringement of the 444 patent
have been and continue to be willful and deliberate, and X2Y is entitled to recover enhanced

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damages pursuant to 35 U.S.C. § 284 and attorneys’ fees and other expenses of litigation
pursuant to 35 U.S.C. § 285.
RELIEF REQUESTED
WHEREFORE, X2Y respectfully requests that this Court:
A.

Enter judgment in favor of X2Y and against Defendants Intel, Apple, and

Hewlett-Packard;
B.

Award X2Y its actual damages, together with prejudgment interest and

costs, as a result of Defendants’ infringing activities;
C.

Preliminarily and permanently enjoin Defendants from continuing to

infringe, induce infringement, or contribute to infringement of the 249, 227, 500, 621, and 444
patents;
D.

Enhance by three times the damages awarded to X2Y as a result of Intel’s

willful infringement of the 249, 227, 500, 621, and 444 patents;
E.

Award all other damages permitted by 35 U.S.C. § 284, including

increased damages up to three times the amount of compensatory damages found;
F.

Declare this case exceptional under 35 U.S.C. § 285 and award X2Y its

costs and reasonable attorneys’ fees incurred in this action; and
G.

Award X2Y such other relief as this Court deems just and proper.

JURY DEMAND
Pursuant to Federal Rule of Civil Procedure 38(b), X2Y hereby demands a trial by jury
on all issues triable of right by a jury.

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Respectfully Submitted,
Date: May 31, 2011

/s Michael J. Chapman
Michael J. Chapman
VA 78355
Alston & Bird
950 F Street, NW
Washington, DC 20004
Phone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiff,
X2Y Attenuators, LLC

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