National Cheng Kung University v. Apple Inc.
Filing
1
COMPLAINT against Apple Inc. ( Filing fee $ 400 receipt number 0540-4124092.), filed by National Cheng Kung University. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Huff, Winston)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
NATIONAL CHENG KUNG
UNIVERSITY
CIVIL ACTION NO.
Plaintiff,
v.
APPLE, INC.
JURY TRIAL DEMANDED
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff National Cheng Kung University (“NCKU” or “Plaintiff”) for its Complaint against
Apple, Inc. (“Apple” or “Defendant”), demands a trial by jury, and alleges as follows:
PARTIES
1.
Plaintiff National Cheng Kung University is a higher education institution with a
principal address of No. 1, University Road, Tainan, 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
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).
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COMPLAINT FOR PATENT INFRINGEMENT
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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 the making, using and/or selling of
devices having a voice activated assistant, including those devices commonly referred to as
“iPhones” and “iPads.”
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. 7,561,078
6.
NCKU is the owner of all rights, title and interest to United States Patent No.
7,561,078 (“the ‘078 Patent”) entitled “System and Method for Encoding A Data Sheet.” The
‘078 Patent was issued on July 14, 2009 after a full and fair examination by the United States
Patent and Trademark Office. The application leading to the ‘078 Patent was filed on November
9, 2007. Attached as Exhibit “A” is a copy of the ‘078 Patent.
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COMPLAINT FOR PATENT INFRINGEMENT
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7.
The ‘078 Patent is generally directed to an improved encoding system for
encoding a video data set.
8.
On information and belief, Apple has been and now is infringing the ‘078 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 used to determine the similarity between an
input speech data and sample speech date ouch devices that incorporate methods, and system
units according to the ‘078 Patent. On information and belief, examples of Apple products that
infringe the ‘078 Patent include, but are not limited to, all Apple products using block-orientated
motion compensation video compression as embodied in the ITU-T H.264 Standard, including
Apple FaceTime and Apple QuickTime. Apple is thus liable for infringement of the ‘078 Patent
pursuant to 35 U.S.C. § 271.
9.
To the extent that facts learned in discovery show that Apple’s infringement of
the ‘078 Patent is or has been willful, NCKU reserves the right to request such a finding at the
time of trial.
10.
As a result of Apple’s infringement of the ‘078 Patent, NCKU has suffered
monetary damages in an amount not yet determined, and NCKU will continue to suffer damages
in the future unless Apple’s infringing activities are enjoined by this Court.
11.
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 ‘078 Patent, NCKU will be greatly and irreparably harmed.
PRAYER FOR RELIEF
WHEREFORE, NCKU respectfully requests that this Court enter:
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COMPLAINT FOR PATENT INFRINGEMENT
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A.
A judgment in favor of NCKU that Apple has infringed the ‘078 Patent, and that
such infringement was willful;
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 ‘078 Patent;
C.
A judgment and order requiring Apple to pay NCKU its damages, costs,
expenses, and prejudgment and post-judgment interest for Apple infringement of the ‘078 Patent
as provided under 35 U.S.C. § 284;
D.
An award to NCKU for enhanced damages resulting from the knowing,
deliberate, and willful nature of Apple’s 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 NCKU its reasonable attorneys’ fees; and
F.
Any and all other relief to which NCKU may show itself to be entitled.
DEMAND FOR JURY TRIAL
NCKU, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
any issues so triable by right.
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COMPLAINT FOR PATENT INFRINGEMENT
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Dated: May 3, 2013
Respectfully submitted,
By: /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)
whuff@huffip.com
djagai@huffip.com
ATTORNEYS FOR PLAINTIFF,
NATIONAL CHENG KUNG UNIVERSITY
CERTIFICATE OF FILING
I hereby certify that on this 3rd day of May, 2013, I electronically filed the foregoing
document with the Clerk of the Court using the CM/ECF system.
/s/ Winston O. Huff
Winston O. Huff
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COMPLAINT FOR PATENT INFRINGEMENT
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