Hilltop Technology LLC v. Apple Inc.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT against Apple Inc. ( Filing fee $ 400 receipt number 0540-4499255.), filed by Hilltop Technology LLC. (Attachments: # 1 Exhibit A - United States Patent No. 7,864,503, # 2 Civil Cover Sheet)(Huff, Winston)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
HILLTOP TECHNOLOGY LLC,

CIVIL ACTION NO. 2:14-cv-00050

Plaintiff,
v.
APPLE INC.,

JURY TRIAL DEMANDED

Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Hilltop Technology LLC for its Complaint against Apple Inc. (“Apple” or
“Defendant”), demands a trial by jury and alleges as follows:
PARTIES
1.

Plaintiff Hilltop Technology LLC is a Texas Limited Liability corporation.

2.

On information and belief, Defendant Apple Inc. is incorporated under the laws of

California with its principal place of business at 1 Infinite Loop, Cupertino, CA 95014. This
Defendant is registered to conduct business in Texas and has appointed CT Corporation System,
1999 Bryan Street, Suite 900, Dallas, TX 75201 as its agent for service of process. Apple Inc.
regularly conducts and transacts business in Texas, throughout the United States, and within the
Eastern District of Texas, itself and/or through one or more subsidiaries, affiliates, business
divisions, or business units.
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).

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COMPLAINT FOR PATENT INFRINGEMENT - 1

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 touchscreen devices and modules.
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 Hilltop Technology LLC’s 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. 7,864,503
6.

Hilltop Technology LLC is the owner of all rights, title and interest to United

States Patent No. 7,864,503 (“the ‘503 Patent”) entitled “Capacitive Type Touch Panel.” The
‘503 Patent was issued on January 4, 2011 after a full and fair examination by the United States
Patent and Trademark Office. The application leading to the ‘503 Patent was filed on April 23,
2008. Attached as Exhibit “A” is a copy of the ‘503 Patent.
7.

The ‘503 Patent is directed to a capacitive type touch panel having a transparent

substrate having opposite top and bottom surfaces; an array of first and second conductors
formed on said top surface of said transparent substrate; an array of second conductors; and a
plurality of spaced apart conductive first and second bridging lines.

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COMPLAINT FOR PATENT INFRINGEMENT - 2

8.

On information and belief, Apple has been and now is infringing the ‘503 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 touch panel devices that incorporate the touch panel
structure according to the ‘503 Patent. On information and belief, examples of Apple’s products
that infringe the ‘503 Patent include, but are not limited to, all Apple products having a
capacitive type touch panel, including its iPad Air having capacitive-type Touch-On-Lens (TOL)
touch panels. Apple is thus liable for infringement of the ‘503 Patent pursuant to 35 U.S.C. §
271.
9.

On information and belief, the capacitive type touch screens in Apple’s accused

products are known by Apple to be especially made or especially adapted for use in a manner
that infringes the ‘503 Patent and are not staple articles of commerce capable of substantial noninfringing uses. Apple has thereby contributed to and contribute to the infringement of the ‘503
Patent.
10.

On information and belief, Apple, by its sales and/or offers for sale of the accused

products to third parties, has induced and continues to induce the acts by third parties that Apple
knew or should have known would constitute direct infringement of the ‘503 Patent. Apple
actively induced infringement of the ‘503 Patent by designing the accused products to be capable
of infringement and by promoting and encouraging the use of its products by third parties in
ways that infringe the ‘503 Patent.
11.

As a result of Apple’s infringement of the ‘503 Patent, Hilltop Technology LLC

has 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.

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COMPLAINT FOR PATENT INFRINGEMENT - 3

12.

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 ‘503 Patent, Hilltop Technology LLC will be greatly and irreparably harmed.
PRAYER FOR RELIEF
WHEREFORE, Hilltop Technology LLC respectfully requests that this Court enter:
A.

A judgment in favor of Hilltop Technology LLC that Apple has infringed the ‘503

B.

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

Patent;

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
active concert therewith from infringing the ‘503 Patent;
C.

A judgment and order requiring Apple to pay Hilltop Technology LLC its

damages, costs, expenses, and prejudgment and post-judgment interest for Apple’s infringement
of the ‘503 Patent as provided under 35 U.S.C. § 284;
D.

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

of 35 U.S.C. § 285 and awarding to Hilltop Technology LLC its reasonable attorneys’ fees; and
E.

Any and all other relief to which Hilltop Technology LLC may show itself to be

entitled.
DEMAND FOR JURY TRIAL

Hilltop Technology LLC, 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 - 4

Dated: January 29, 2014

Respectfully submitted,
By: /s/ Winston O. Huff
Winston O. Huff, Attorney in Charge
State Bar No. 24068745
Deborah Jagai
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 PLAINTIFF
HILLTOP TECHNOLOGY LLC

CERTIFICATE OF FILING
I hereby certify that on January 29, 2014 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 - 5