c4cast.com, Inc. v. Apple Inc.

Filing 1

COMPLAINT against Apple Inc. ( Filing fee $ 400 receipt number 0540-4627191.), filed by c4cast.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Ni, Hao)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

C4CAST.COM, INC.,
Plaintiff,
Civil Action No. 2:14-cv-493

v.

JURY TRIAL DEMANDED

APPLE INC.,
Defendant.

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff c4cast.com, Inc. (“c4cast” or “Plaintiff”) files this Complaint for patent
infringement against Defendant Apple Inc. (“Apple” or “Defendant”) alleging as follows:
PARTIES
1.

Plaintiff c4cast.com is a Delaware corporation having a principal place of

business of 750 E. Walnut St., Pasadena, California 91101.
2.

On information and belief, Defendant Apple is a corporation organized and

existing under the laws of the State of California, with its principal place of business located at 1
Infinite Loop, Cupertino, CA 95014. On information and belief, Apple may be served via its
registered agent, CT Corporation System, 818 West Seventh St., 2nd Floor, Los Angeles, CA
90017.
JURISDICTION AND VENUE
3.

This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
1338(a).

4.

Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b). On

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

On information and belief, 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 its 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 Judicial District.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,958,204
6.

Plaintiff is the owner by assignment of United States Patent No. 7,958,204 (“the

’204 Patent”) entitled “Community-Selected Content.” The ’204 Patent issued on June 7, 2011.
A true and correct copy of the ’204 Patent is attached as Exhibit A.
7.

Upon information and belief, Defendant has been and is now infringing the ’204

Patent in the State of Texas, in this judicial district, and elsewhere in the United States, by,
among other things, directly or through intermediaries, making, using, importing, providing,
supplying, distributing, selling, and/or offering for sale apparatuses and systems and providing
methods practiced on Defendant’s iTunes system for maintaining a collection of interactive
resources, assigning points to individual resources based on amount of participant access, and
modifying the collection based on the points assigned to the resources covered by one or more
claims of the ’204 Patent to the injury of c4cast. Defendant is directly infringing, literally

infringing, and/or infringing the ’204 Patent under the doctrine of equivalents. Defendant is thus
liable for infringement of the ’204 Patent pursuant to 35 U.S.C. § 271.
8.

On information and belief, to the extent any marking was required by 35 U.S.C. §

287, all predecessors in interest to the ’204 Patent complied with any such requirements.
9.

As a result of Defendant’s infringement of the ’204 Patent, Plaintiff has suffered

monetary damages and is entitled to a money judgment in an amount adequate to compensate for
Defendant’s infringement, but in no event less than a reasonable royalty for the  use made of the
invention by Defendant, together with interest and costs as fixed by the court,  and Plaintiff will
continue to suffer damages in the future unless Defendant’s infringing activities  are enjoined by
this Court.
10.

Unless a permanent injunction is issued enjoining Defendant and its agents, 

servants, employees, representatives, affiliates, and all others acting in active concert  therewith
from infringing the ’204 Patent, Plaintiff will be greatly and irreparably harmed.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter:
1.

A judgment in favor of Plaintiff that Defendant has infringed the ’204 Patent;

2.

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

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in 
active concert therewith from infringement of the ’204 Patent, or such other equitable relief the
Court determines is warranted;
3.

A judgment and order requiring Defendant pay to Plaintiff its damages, costs, 

expenses, and prejudgment and post-judgment interest for Defendant’s infringement of the ’204

Patent as provided under 35 U.S.C. § 284, and an accounting of ongoing post-judgment 
infringement;
4.

Any and all other relief, at law or equity, to which Plaintiff may show itself to be 

entitled.
DEMAND FOR JURY TRIAL
C4cast, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of 
any issues so triable by right.

DATED April 23, 2014.

Respectfully submitted,
By: \s\ Hao Ni
Hao Ni
Texas Bar No. 24047205
[e-mail]
Timothy T. Wang
Texas Bar No. 24067927
[e-mail]
Neal G. Massand
Texas Bar No. 24039038
[e-mail]
Stevenson Moore V
Texas Bar No. 24076573
[e-mail]
Ni, Wang & Massand, PLLC
8140 Walnut Hill Ln., Ste. 310
Dallas, TX 75251
Tel: [phone]
Fax: [phone]
ATTORNEYS FOR PLAINTIFF
C4CAST.COM, INC.