Penovia LLC v. Apple Inc

Filing 1

COMPLAINT against Apple Inc ( Filing fee $ 400 receipt number 0540-4547640.), filed by Penovia LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Spangler, Andrew)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PENOVIA LLC,
Plaintiff,
v.
APPLE INC.,
Defendant.

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) Civil Action No. _______________
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) JURY TRIAL DEMANDED
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COMPLAINT

For its Complaint, Plaintiff Penovia LLC ("Penovia"), by and through the undersigned
counsel, alleges as follows:
THE PARTIES
1.

Penovia is a Texas limited liability company with a place of business located at

3400 Silverstone Drive, Suite 191B, Plano, Texas 75023.
2.

Defendant Apple Inc. is a California corporation with, upon information and

belief, a place of business at 1 Infinite Loop, Cupertino, California 95014.
JURISDICTION AND VENUE
3.

This action arises under the Patent Act, 35 U.S.C. § 1 et seq.

4.

Subject matter jurisdiction is proper in this Court under 28 U.S.C.

§§ 1331 and 1338.
5.

Upon information and belief, Defendant conducts substantial business in this

forum, directly or through intermediaries, 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 this district.
6.

Venue is proper in this district pursuant to §§ 1391(b), (c) and 1400(b).
THE PATENT-IN-SUIT

7.

On October 13, 1998, United States Patent No. 5,822,221 (the "'221 patent"),

entitled "Office Machine Monitoring Device" was duly and lawfully issued by the U.S. Patent
and Trademark Office. A true and correct copy of the '221 patent is attached hereto as Exhibit A.
8.

Penovia is the assignee and owner of the right, title and interest in and to the '221

patent, including the right to assert all causes of action arising under said patent and the right to
any remedies for infringement of it.
COUNT I – INFRINGEMENT OF U.S. PATENT NO. 5,822,221
9.

Penovia repeats and realleges the allegations of paragraphs 1 through 8 as if fully

set forth herein.
10.

Without license or authorization and in violation of 35 U.S.C. § 271(a), Defendant

has infringed and continues to infringe the '221 patent by making, using, offering for sale, and/or
selling within this district and elsewhere in the United States and/or importing into this district
and elsewhere in the United States, products or services related to office machine monitoring
systems, including but not limited to the Apple iPad.
11.

Penovia is entitled to recover from Defendant the damages sustained by Penovia

as a result of Defendant's infringement of the '221 patent in an amount subject to proof at trial,
which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed
by this Court under 35 U.S.C. § 284.
JURY DEMAND
Penovia hereby demands a trial by jury on all issues so triable.

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PRAYER FOR RELIEF
WHEREFORE, Penovia requests that this Court enter judgment against Defendant as
follows:
A.

An adjudication that Defendant has infringed the '221 patent;

B.

An award of damages to be paid by Defendant adequate to compensate Penovia

for Defendant's past infringement of the '221 patent and any continuing or future infringement
through the date such judgment is entered, including interest, costs, expenses and an accounting
of all infringing acts including, but not limited to, those acts not presented at trial;
C.

A declaration that this case is exceptional under 35 U.S.C. § 285 and an award of

Penovia's reasonable attorneys' fees; and
D.

An award to Penovia of such further relief at law or in equity as the Court deems

just and proper.
Dated: March 3, 2014

/s/Andrew W. Spangler
Andrew W. Spangler TX SB #24041960
[e-mail]
Spangler Law P.C.
208 N. Green Street, Suite 300
Longview, TX 75601
Telephone: [phone]
Facsimile: [phone]
Stamatios Stamoulis DE SB #4606
[e-mail]
Richard C. Weinblatt DE SB #5080
[e-mail]
Stamoulis & Weinblatt LLC
Two Fox Point Centre
6 Denny Road, Suite 307
Wilmington, DE 19809
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Penovia LLC
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