Long Corner Consumer Electronics LLC v. Apple Inc.
Filing
1
COMPLAINT against Apple Inc. ( Filing fee $ 400 receipt number 0540-4420861.), filed by Long Corner Consumer Electronics LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Tadlock, Charles)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
LONG CORNER CONSUMER
ELECTRONICS LLC,
Case No. 2:13-cv-1000
Plaintiff,
v.
PATENT CASE
APPLE INC.,
JURY TRIAL DEMANDED
Defendant.
COMPLAINT
Plaintiff Long Corner Consumer Electronics LLC files this Complaint against Apple Inc.,
for infringement of United States Patent No. 7,808,483 (the “‘483 Patent”).
PARTIES AND JURISDICTION
1.
This is an action for patent infringement under Title 35 of the United States Code.
Plaintiff is seeking injunctive relief as well as damages.
2.
Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal
Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising
under the United States patent statutes.
3.
Plaintiff Long Corner Consumer Electronics LLC (“Plaintiff” or “Long Corner”)
is a Texas limited liability company with its principal office located in the Eastern District of
Texas, at 1002 Raintree Circle, Suite 100, Office #178, Allen, Texas 75013.
4.
Upon information and belief, Defendant Apple Inc. (“Defendant”) is a California
corporation with a principal office located at One Infinite Loop, Cupertino, California 95014.
This Court has personal jurisdiction over Defendant because Defendant has committed, and
continues to commit, acts of infringement in the state of Texas, has conducted business in the
state of Texas, and/or has engaged in continuous and systematic activities in the state of Texas.
5.
On information and belief, Defendant’s products that are alleged herein to
infringe were and/or continue to be made, used, imported, offered for sale, and/or sold in the
Eastern District of Texas.
VENUE
6.
Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. §§ 1391(c)
and 1400(b) because Defendant is deemed to reside in this district. In addition, and in the
alternative, Defendant has committed acts of infringement in this district.
COUNT I
(INFRINGEMENT OF UNITED STATES PATENT NO. 7,808,483)
7.
Plaintiff incorporates paragraphs 1 through 6 herein by reference.
8.
This cause of action arises under the patent laws of the United States, and in
particular, 35 U.S.C. §§ 271, et seq.
9.
Plaintiff is the owner by assignment of the ‘483 Patent with sole rights to enforce
the ‘483 Patent and sue infringers.
10.
A copy of the ‘483 Patent, titled “System, Device, and Method for Extending a
Stroke of a Computer Pointing Device,” is attached hereto as Exhibit A.
11.
The ‘483 Patent is valid and enforceable, and it was duly issued in full
compliance with Title 35 of the United States Code.
(Direct Infringement)
12.
Upon information and belief, Defendant has infringed and continues to directly
infringe one or more claims of the ‘483 Patent, including at least claim 1, by making, using,
importing, selling and/or offering for sale computer input devices (which may include, by way of
2
example and without limitation, tablets and/or smartphones) covered by one or more claims of
the ‘483 Patent, including without limitation the Apple iPad (the “Accused Instrumentalities”).
Generally for descriptive purposes, and without limitation in any way, characteristics of the
Accused Instrumentalities include a sensor (for example, an accelerometer and/or a gyroscope),
an input element (for example, a touch screen), and auto-rotation capability with the ability to
inhibit such auto-rotation.
13.
Defendant’s actions complained of herein are causing irreparable harm and
monetary damage to Plaintiff and will continue to do so unless and until Defendant is enjoined
and restrained by this Court.
14.
Plaintiff is in compliance with 35 U.S.C. § 287.
DEMAND FOR JURY TRIAL
Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
all issues so triable by right.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests the Court to:
a)
Enter judgment for Plaintiff on this Complaint on all causes of action asserted
herein;
b)
Enjoin Defendant, its agents, officers, servants, employees, attorneys and all
persons in active concert or participation with Defendant who receive notice of the
order from further infringement of United States Patent No. 7,808,483;
c)
Award Plaintiff damages resulting from Defendant’s infringement in accordance
with 35 U.S.C. § 284;
d)
Award Plaintiff pre-judgment and post-judgment interest and costs; and
3
e)
Award Plaintiff such further relief to which the Court finds Plaintiff entitled under
law or equity.
Dated: November 26, 2013
Respectfully submitted,
/s/ Craig Tadlock
Craig Tadlock
State Bar No. 00791766
John J. Harvey, Jr.
State Bar No. 09179770
Keith Smiley
State Bar No. 24067869
TADLOCK LAW FIRM PLLC
2701 Dallas Parkway, Suite 360
Plano, Texas 75093
903-730-6789
craig@tadlocklawfirm.com
john@tadlocklawfirm.com
keith@tadlocklawfirm.com
Attorneys for Plaintiff Long Corner
Consumer Electronics LLC
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?