CpuMate Inc et al v Apple Inc

Filing 1

COMPLAINT against Apple, Inc. ( Filing fee $ 350 receipt number 0540-4089072.), filed by CpuMate Inc., Golden Sun News Techniques Co., Ltd.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Huff, Winston)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

CPUMATE INC. and GOLDEN SUN
TECHNIQUES CO., LTD.

CIVIL ACTION NO.

Plaintiffs,
v.
APPLE, INC.

JURY TRIAL DEMANDED

Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs CpuMate Inc. and Golden Sun News Techniques Co., Ltd. (“Plaintiffs”) for its
Complaint against Apple, Inc. (“Apple” or “Defendant”), demands a trial by jury and alleges as
follows:
PARTIES
1.

Plaintiffs CpuMate Inc. is a Taiwanese company with a principal address of No.

13, Wu-chiuan 5th Rd., Wu-Ku Industrial District, Taipei Hsien, 248, Taiwan, R.O.C. and
Golden Sun New Techniques Co., Ltd. is a Taiwanese company with a principal address of No.
60 Wucyuan Rd., Wugu District, New Taipei City 248, Taiwan R.O.C.
2.

On information and belief, Defendant Apple is incorporation under the laws of

California with its principal place of business at 1 Infinite Loop, Cupertino, CA 95014. This
defendant is registered to do business in the State of Texas and has appointed CT Corporation
Systems, 350 N. St. Paul Street, Suite 2900, Dallas, TX 75201, as its agent for service of process.
On information and belief, Apple regularly conducts and transacts business in the United States,
throughout the State of Texas, and within the Eastern District of Texas, either itself and/or

COMPLAINT FOR PATENT INFRINGEMENT – Page 1

through one or more subsidiaries, affiliates, business divisions, or business units and has
committed acts of infringement within the meaning of 28 U.S.C. § 1400(b).

JURISDICTION AND VENUE
3.

This action arises under the Patent Laws of the United States, namely, 35 U.S.C.

§§ 1 et seq. This Court has exclusive subject matter jurisdiction over this action pursuant to 28
U.S.C. §§ 1331 and 1338(a).
4.

Venue is proper in this district under 28 U.S.C. §§ 1391(b)(2) and (c) and/or

1400(b). On information and belief, Apple has transacted business in this district, and has
committed acts of patent infringement in this district, by making, using, selling, and /or offering
for sale at least the iMac and MacBook Pro products.
5.

On information and belief, Apple is subject to this Court’s general and specific

personal jurisdiction because: Apple has minimum contacts within the State of Texas and the
Eastern District of Texas and, pursuant to due process and/or the Texas Long Arm Statute, Apple
has purposefully availed itself of the privileges of conducting business in the State of Texas and
in the Eastern District of Texas; Apple regularly conducts and solicits business within the State
of Texas and within the Eastern District of Texas; and causes of action arise directly from
Apple’s business contacts and other activities in the State of Texas and in the Eastern District of
Texas.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 8,322,403
6.

Plaintiffs are the owners of all rights, title and interest to United States Patent No.

8,322,403 (“the ‘403 Patent”) entitled “Fixing Assembly for Heat-Absorbing Surfaces of
Juxtaposed Heat Pipes and Heat Sink Having the Same.” The ‘403 Patent was issued on

COMPLAINT FOR PATENT INFRINGEMENT – Page 2

December 4, 2012 after a full and fair examination by the United States Patent and Trademark
Office. The application leading to the ‘403 Patent was filed on September 4, 2009. Attached as
Exhibit “A” is a copy of the ‘403 Patent.
7.

The ‘403 Patent is generally directed to a fixing assembly for heat conducting

structures.
8.

On information and belief, Apple has been and now is infringing the ‘403 Patent

in the State of Texas, in this judicial district, and elsewhere in the United States by making,
using, importing, selling or offering to sell devices having a fixed assembly for heat conducting
structures according to the ‘403 Patent. On information and belief, examples of Apple products
that infringe the ‘403 Patent include, its iMac desktop computers and its MacBook Pro laptop
computers. Apple is thus liable for infringement of the ‘403 Patent pursuant to 35 U.S.C. § 271.
9.

As a result of Apple’s infringement of the ‘403 Patent, Plaintiffs have suffered

monetary damages in an amount not yet determined, and will continue to suffer damages in the
future unless Apple’s infringing activities are enjoined by this Court.
10.

Unless a permanent injunction is issued enjoining Apple and its agent, servants,

employees, representatives, affiliates, and all others acting on or in active concert therewith from
infringing the ‘403 Patent, Plaintiffs will be greatly and irreparably harmed.

COMPLAINT FOR PATENT INFRINGEMENT – Page 3

PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully requests that this Court enter:
A.

A judgment in favor of Plaintiffs that Apple has infringed the ‘403 Patent.

B.

A permanent injunction enjoining Apple and its officers, directors, agents,

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
active concert therewith from infringing the ‘403 Patent;
C.

A judgment and order requiring Apple to pay Plaintiffs its damages, costs,

expenses, and prejudgment and post-judgment interest for Apple infringement of the ‘403 Patent
as provided under 35 U.S.C. § 284;
D.

An award to Plaintiffs for enhanced damages resulting from the knowing,

deliberate, and willful nature of Defendants’ prohibited conduct with notice being made at least
as early as the date of the filing of this Complaint, as provided under 35 U.S.C. § 284;
E.

A judgment and order finding that this is an exceptional case within the meaning

of 35 U.S.C. § 285 and awarding to Plaintiffs its reasonable attorneys’ fees; and
F.

Any and all other relief to which Plaintiffs may show itself to be entitled.

COMPLAINT FOR PATENT INFRINGEMENT – Page 4

DEMAND FOR JURY TRIAL
Plaintiffs, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury
of any issues so triable by right.

Dated: April 11, 2013

Respectfully submitted,
CPUMATE INC. and GOLDEN SUN
TECHNIQUES CO., LTD.
/s/ Winston O. Huff
Winston O. Huff, Attorney in Charge
Texas State Bar No. 24068745
Deborah Jagai
Texas State Bar No. 24048571
W. O. Huff & Associates, PLLC
302 N. Market Street, Suite 450
Dallas, TX 75202
214.749.1220 (Firm)
469.206.2173 (Fax)
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFFS
CPUMATE INC. and GOLDEN SUN
TECHNIQUES CO., LTD.

COMPLAINT FOR PATENT INFRINGEMENT – Page 5

CERTIFICATE OF FILING
I hereby certify that on April 11, 2013 I electronically filed the foregoing document
with the Clerk of the Court using the CM/ECF system.

Respectfully submitted,

/s/ Winston O. Huff
Winston O. Huff, Attorney in Charge

COMPLAINT FOR PATENT INFRINGEMENT – Page 6