Remote Locator Systems, LLC v. Apple, Inc.

Filing 1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-4285630.), filed by Remote Locator Systems, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Hansley, Austin)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
REMOTE LOCATOR SYSTEMS, LLC,
Plaintiff,

CIVIL ACTION NO. 2:13-cv-678

v.
APPLE INC.

JURY TRIAL DEMANDED
Defendant.
PLAINTIFF’S ORIGINAL COMPLAINT

This is an action for patent infringement in which Remote Locator Systems LLC
(“Remote Locator Systems”) makes the following allegations against Apple Inc. (“Defendant” or
“Apple”):
PARTIES
1.

Remote Locator Systems LLC is a limited liability company formed under the

laws of the State of Texas with a principle place of business located in Plano, Texas, 75020.
2.

Defendant Apple Inc. is a corporation organized and existing under the laws of

the State of California with a principle place of business located at 1 Infinite Loop Cupertino,
CA 95014. Apple can be served via its registered agent for service of process: The Corporation
Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801.
JURISDICTION AND VENUE
3.

This is an action for infringement of a United States patent arising under 35

U.S.C. §§ 271, 281, and 284 - 85, among others. This Court has subject matter jurisdiction over
this action under 28 U.S.C. §1331 and §1338(a).

4.

Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400(b). Upon

information and belief, Defendant has transacted business in this district, and has committed
and/or induced acts of patent infringement in this district.
5.

Defendant is subject to this Court’s specific and general personal jurisdiction

pursuant to due process and/or the Texas Long Arm Statute, due at least to Defendant’s
substantial business in this forum, including: (i) at least a portion of the infringements alleged
herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses of
conduct, and/or deriving substantial revenue from goods and services provided to individuals in
Texas and in this district.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 5,548,637
6.

On August 20, 1996, United States Patent No. 5,548,637 (the “’637 patent”) was

duly and legally issued by the United States Patent and Trademark Office for an invention
entitled “Method and Apparatus for Locating Personnel and Objects in Response to Telephone
Inquiries”. A true and correct copy of the ’637 patent is attached hereto as Exhibit A.
7.

Remote Locator Systems is the owner of the ’637 patent with all substantive

rights in and to that patent, including the sole and exclusive right to prosecute this action and
enforce the ’637 patent against infringers, and to collect damages for all relevant times.
8.

Apple directly or through intermediaries, made, had made, used, imported,

provided, supplied, distributed, sold, and/or offered for sale products and/or systems (including
at least the Find my Friends and Find my iPhone Applications for iOS) that infringed one or
more claims of the ’637 patent.
JURY DEMAND
Remote Locator Systems hereby requests a trial by jury on all issues so triable by right.

PRAYER FOR RELIEF
Remote Locator Systems requests that the Court find in its favor and against Defendant,
and that the Court grant Remote Locator Systems the following relief:
a.

Judgment that one or more claims of the ’637 patent have been infringed, either

literally and/or under the doctrine of equivalents, by Defendant and/or by others to whose
infringement Defendant has contributed and/or by others whose infringement has been induced
by Defendant;
b.

A permanent injunction enjoining Defendant and their officers, directors, agents,

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
active concert therewith from infringement, inducing infringement of, or contributing to
infringement of the ’637 patent;
c.

Judgment that Defendant account for and pay to Remote Locator Systems all

damages and costs incurred by Remote Locator Systems, caused by Defendant’s infringing
activities and other conduct complained of herein;
d.

That Remote Locator Systems be granted pre-judgment and post-judgment

interest on the damages caused by Defendant’s infringing activities and other conduct
complained of herein;
e.

That this Court declare this an exceptional case and award Remote Locator

Systems reasonable attorneys’ fees and costs in accordance with 35 U.S.C. § 285; and
f.

That Remote Locator Systems be granted such other and further relief as the

Court may deem just and proper under the circumstances.

Dated: August 27, 2013

Respectfully submitted,
By: /s/ Austin Hansley
AUSTIN HANSLEY P.L.L.C.
Austin Hansley
Texas Bar No.: 24073081
5050 Quorum Dr. Suite 700
Dallas, Texas 75254
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
www.TheTexasLawOffice.com
ATTORNEY FOR PLAINTIFF
REMOTE LOCATOR SYSTEMS, LLC