Innovative Automation LLC v. Apple, Inc.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT against Apple, Inc. ( Filing fee $ 350 receipt number 0540-3877327.), filed by Innovative Automation LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(Ainsworth, Charles)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
INNOVATIVE AUTOMATION LLC,
Plaintiff,

Case No. 6:12-cv-882

v.
JURY TRIAL DEMANDED
APPLE INC.,
Defendant.

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Innovative Automation LLC states its Complaint against Defendant Apple Inc.
and alleges as follows:
THE PARTIES
1.

Plaintiff Innovative Automation LLC is a limited liability company organized and

existing under the laws of the State of California, with its principal place of business at 606
North First Street, San Jose, California 95112.
2.

Upon information and belief, Defendant Apple Inc. is a corporation organized and

existing under the laws of the State of California, with its principal place of business at 1 Infinite
Loop, Cupertino, California 95014.
JURISDICTION AND VENUE
3.

Plaintiff realleges and incorporates by reference the above paragraphs of this

Complaint, inclusive, as though fully set forth herein.
4.

This action is for patent infringement pursuant to the patent laws of the United

States, 35 U.S.C. §§ 1 et seq. This Court has subject matter jurisdiction over the action pursuant
to 28 U.S.C. §§ 1331 and 1338(a).

5.

Personal jurisdiction exists generally over Defendant because Defendant has

sufficient minimum contacts with the forum as a result of business conducted within the State of
Texas and within the Eastern District of Texas. Personal jurisdiction also exists specifically over
Defendant because it, directly or through subsidiaries or intermediaries, makes, uses, offers for
sale, sells, imports, advertises, makes available and/or markets one or more products and/or
services within the State of Texas, and more particularly, within the Eastern District of Texas,
that infringe the patent-in-suit, as described more particularly below.
6.

Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. §§ 1391 and

1400(b), because Defendant has committed acts of infringement in the Eastern District of Texas
and has transacted business in the Eastern District of Texas.
COUNT ONE
INFRINGEMENT OF U.S. PATENT NO. 7,174,362
7.

Plaintiff realleges and incorporates by reference the above paragraphs of this

Complaint, inclusive, as though fully set forth herein.
8.

Plaintiff is the owner of all right, title, and interest in United States Patent No.

7,174,362, entitled “Method and System for Supplying Products from Pre-Stored Digital Data in
Response to Demands Transmitted via Computer Network,” duly and legally issued by the
United States Patent and Trademark Office on February 6, 2007 (the “‟362 patent”). A true and
correct copy of the „362 patent is attached hereto as Exhibit A.
9.

Defendant has infringed and continues to infringe, literally and/or under the

doctrine of equivalents, one or more claims of the ‟362 patent under 35 U.S.C. § 271 by making,
using, offering to sell, selling, and/or importing into the United States the patented invention
within the United States. Specifically, Defendant has infringed and continues to infringe the „362

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patent by making, using, offering to sell, selling, and/or importing into the United States its
iCloud product and service, which uses the claimed method of duplicating digital data.
10.

As a result of Defendant‟s infringing activities with respect to the „362 patent,

Plaintiff has suffered damages in an amount not yet ascertained. Plaintiff is entitled to recover
damages adequate to compensate it for Defendant‟s infringing activities in an amount to be
determined at trial, but in no event less than reasonable royalties, together with interest and costs.
Defendant‟s infringement of Plaintiff‟s exclusive rights under the ‟362 patent will continue to
damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless
enjoined by this Court.
11.

Plaintiff reserves the right to allege, after discovery, that Defendant‟s infringement

of the „362 patent is willful and deliberate, entitling Plaintiff to increased damages under 35
U.S.C. § 284, and to attorneys‟ fees incurred in prosecuting this action under 35 U.S.C. § 285.
COUNT TWO
INFRINGEMENT OF U.S. PATENT NO. 7,392,283
12.

Plaintiff realleges and incorporates by reference the above paragraphs of this

Complaint, inclusive, as though fully set forth herein.
13.

Plaintiff is the owner of all right, title, and interest in United States Patent No.

7,392,283, entitled “Method and System for Supplying Products from Pre-Stored Digital Data in
Response to Demands Transmitted Via Computer Network,” duly and legally issued by the
United States Patent and Trademark Office on June 24, 2008 (the “‟283 patent”). A true and
correct copy of the ‟283 patent is attached hereto as Exhibit B.
14.

Defendant has infringed and continues to infringe, literally and/or under the

doctrine of equivalents, one or more claims of the ‟283 patent under 35 U.S.C. § 271 by making,
using, offering to sell, selling, and/or importing into the United States the patented invention

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within the United States. Specifically, Defendant has infringed and continues to infringe the „283
patent by making, using, offering to sell, selling, and/or importing into the United States its
iCloud product and service, which uses the claimed method of duplicating digital data.
15.

As a result of Defendant‟s infringing activities with respect to the ‟283 patent,

Plaintiff has suffered damages in an amount not yet ascertained. Plaintiff is entitled to recover
damages adequate to compensate it for Defendant‟s infringing activities in an amount to be
determined at trial, but in no event less than reasonable royalties, together with interest and costs.
Defendant‟s infringement of Plaintiff‟s exclusive rights under the ‟283 patent will continue to
damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unless
enjoined by this Court.
16.

Plaintiff reserves the right to allege, after discovery, that Defendant‟s infringement

of the ‟283 patent is willful and deliberate, entitling Plaintiff to increased damages under 35
U.S.C. § 284, and to attorneys‟ fees incurred in prosecuting this action under 35 U.S.C. § 285.
PRAYER FOR RELIEF
Plaintiff requests entry of judgment in its favor against Defendant as follows:
a)

For a declaration that Defendant has infringed one or more claims of the ‟362

patent and ‟283 patent;
b)

For an award of damages adequate to compensate Plaintiff for Defendant‟s

infringement of the ‟362 patent and ‟283 patent, but in no event less than a reasonable royalty,
together with prejudgment and post-judgment interest and costs, in an amount according to
proof;
c)

For an entry of a permanent injunction enjoining Defendant, and its respective

officers, agents, employees, and those acting in privity with them, from further infringement of

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the ‟362 patent and „283 patent, or in the alternative, awarding a royalty for post-judgment
infringement; and
d)

For an award to Plaintiff of such other costs and further relief as the Court may

deem just and proper.
DEMAND FOR JURY TRIAL
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
requests a trial by jury.
Dated: November 16, 2012

Respectfully submitted,

/s/ Charles Ainsworth
Charles Ainsworth
State Bar No. 00783521
PARKER BUNT & AINSWORTH , P.C.
100 E. Ferguson, Suite 1114
Tyler, Texas 75702
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Adam J. Gutride, Esq.
Seth A. Safier, Esq. – pending admission
Todd Kennedy, Esq. – pending admission
Anthony J. Patek, Esq.
GUTRIDE SAFIER, LLP
835 Douglass Street
San Francisco, California 94114
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Victoria L.H. Booke
Peter Ajlouny
BOOKE & AJLOUNY LLP
606 North First Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Innovative Automation LLC

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