B.E. Technology, L.L.C. v. Apple Inc.

Filing 1

COMPLAINT for Patent Infringement against Apple Inc. (Filing fee $ 350 receipt number 0651-1562479), filed by B.E. Technology, L.L.C.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Freitas, Robert)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
B.E. TECHNOLOGY, L.L.C.,
Plaintiff,
v.
APPLE INC.,
Defendant.

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Civil Action No.____________
JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff B.E. Technology, L.L.C. (“B.E.”) hereby brings this action against Apple Inc.
(“Apple”) for infringement of United States Patent No. 6,628,314 (the “’314 patent”) and United
States Patent No. 6,771,290 (the “’290 patent”), and alleges as follows:
NATURE OF THE ACTION AND PARTIES
1.

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

United States, Title 35 of the United States Code.
2.

B.E. is a limited liability company organized and existing under the laws of the

State of Delaware with its principal place of business in Memphis, Tennessee.
3.

Apple is a corporation organized and existing under the laws of the State of

California with its principal place of business in Cupertino, California.
JURISDICTION
4.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

§§ 1331 and 1338(a), as this is an action arising under the Patent Act, 35 U.S.C. § 1 et seq.

VENUE
5.

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

1391(d), and 1400(b).
FACTUAL BACKGROUND
6.

The ’314 patent is entitled “Computer Interface Method And Apparatus With

Targeted Advertising.” A copy of the ’314 patent is attached hereto as Exhibit A.
7.

The invention of the ’314 patent generally relates to user interfaces for accessing

computer applications and information resources and, in particular, to user interfaces that provide
advertising obtained over a global computer network such as the Internet. The invention of the
’314 patent also relates to user interfaces for maintaining, organizing and communicating
information accessible to a computer network such as the Internet and, in particular, to user
interfaces that provide the user with availability to that information in a personalized manner.
8.

The application that issued as the ’314 patent was filed on October 30, 2000, and

the United States Patent and Trademark Office duly and legally issued the ’314 patent on
September 30, 2003. The ’314 patent claims priority to U.S. Patent Application No. 09/118,351,
filed on July 17, 1998.
9.

The ’290 patent is entitled “Computer Interface Method And Apparatus With

Portable Network Organization System And Targeted Advertising.” A copy of the ’290 patent is
attached to this Complaint as Exhibit B.
10.

The invention of the ’290 patent generally relates to user interfaces for accessing

computer applications and information resources and, in particular, to user interfaces that provide
advertising obtained over a global computer network such as the Internet. The invention of the
’290 patent also relates to user interfaces for maintaining, organizing and communicating

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information accessible to a computer network such as the Internet and, in particular, to user
interfaces that provide the user with availability to that information in a personalized manner.
11.

The application that issued as the ’290 patent was filed on July 16, 1999, and the

United States Patent and Trademark Office duly and legally issued the ’290 patent on August 3,
2004. The ’290 patent claims priority to U.S. Patent Application No. 09/118,351, filed on July
17, 1998.
COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,628,314
12.

B.E. realleges and incorporates by reference the allegations of paragraphs 1-11.

13.

B.E. owns all right, title, and interest in the ’314 patent, and has owned all right,

title, and interest throughout the period of the infringement complained of herein.
14.

Apple has infringed the ’314 patent by using a method of providing

demographically targeted advertising that directly infringes at least Claim 11 of the ’314 patent
either literally or under the doctrine of equivalents.
COUNT II: INFRINGEMENT OF U.S. PATENT NO. 6,771,290
15.

B.E. realleges and incorporates by reference the allegations of paragraphs 1-14.

16.

B.E. owns all right, title, and interest in the ’290 patent, and has owned all right,

title, and interest throughout the period of the infringement complained of herein.
17.

Apple has infringed at least Claim 2 of the ’290 patent by using, selling, and

offering to sell in the United States tablet computer products that directly infringe at least Claim
2 of the ’290 patent either literally or under the doctrine of equivalents. The accused products
include Ipad, Ipod Touch, Iphone, Macbook Air/Pro, Mac Mini, iMac, Apple TV.
JURY DEMAND
B.E. requests a trial by jury for all issues so triable.

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PRAYER FOR RELIEF
WHEREFORE, B.E. prays for relief as follows:
1.

Judgment that Apple has infringed the ’314 patent and the ’290 patent as alleged

2.

Compensatory damages in an amount according to proof, and in no event less

herein;

than a reasonable royalty;
3.

Prejudgment interest on the compensatory damages awarded to B.E.;

4.

Post-judgment interest on all sums awarded to B.E. from the date of judgment;

5.

A preliminary and permanent injunction forbidding Apple and its officers, agents,

servants, employees, and attorneys, and all those in active concert or participation with them,
from further infringing the’314 patent and the ’290 patent;
6.

Costs of suit incurred herein; and

7.

Any and all other relief that the Court deems just and equitable.

Dated: September 21, 2012
By: s/Robert E. Freitas
Robert E. Freitas
Craig R. Kaufman
FREITAS TSENG & KAUFMAN LLP
100 Marine Parkway, Suite 200
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Richard M. Carter (TN B.P.R. #7285)
Adam C. Simpson (TN B.P.R. #24705)
MARTIN, TATE, MORROW & MARSTON, P.C.
6410 Poplar Avenue, Suite 1000
Memphis, TN 38119-4839
Telephone: [phone]
Facsimile: [phone]

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[e-mail]
[e-mail]
Attorneys for Plaintiff
B.E. Technology, L.L.C.

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EXHIBIT A

EXHIBIT B