WI-LAN Inc. v. Apple Inc.

Filing 1

COMPLAINT against Apple Inc. ( Filing fee $ 350 receipt number 0540-3904331.), filed by WI-LAN Inc.. (Attachments: # 1 Exhibit A - USP 6,381,211, # 2 Civil Cover Sheet)(Weaver, David)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
§
§
§
§
§
§
§
§
§
§
§
§
§
§

WI-LAN INC.,
Plaintiff,
v.
APPLE INC.

Defendant.

Civil Action No. 6:12-CV-920
JURY TRIAL DEMANDED

ORIGINAL COMPLAINT
Plaintiff Wi-LAN Inc. (“Wi-LAN”) files this Original Complaint for patent infringement
against Defendant Apple Inc. (“Apple”) for infringement of U.S. Patent No. 6,381,211 (the “’211
Patent”) pursuant to 35 U.S.C. § 271. A copy of the Patent-in-Suit is attached hereto as Exhibit
A.
PARTIES
1.

Plaintiff Wi-LAN Inc. is a corporation organized and existing under the laws of

Canada with its principal place of business at 11 Holland Ave., Suite 608, Ottawa, Ontario,
Canada.
2.

Upon 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 at 1 Infinite
Loop, Cupertino, California 95014. Apple manufactures for sale, sells, and/or offers for sale

1

wireless communication products, including but not limited to products compliant with the 3rd
Generation Partnership Project (“3GPP”).
3.

3GPP standard, in the United States and, more particularly, in the Eastern District

of Texas.
JURISDICTION AND VENUE
4.

This is an action for patent infringement under the Patent Laws of the United

States, 35 U.S.C. § 271.
5.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a).
6.

Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b).
THE PATENT-IN-SUIT

7.

On April 30, 2002, the USPTO duly and legally issued the ’211 Patent, entitled

“Processing Data Transmitted and Received Over a Wireless Link Connecting a Central
Terminal and a Subscriber Terminal of a Wireless Telecommunications System” after a full and
fair examination. Wi-LAN was assigned the ’211 Patent and possesses all rights of recovery
under the ’211 Patent, including the right to recover damages for past infringement. A true and
correct copy of the ’211 Patent is attached hereto as Exhibit A.
8.

The Patent-in-Suit is valid and enforceable.
COUNT I: INFRINGEMENT OF THE ’211 PATENT

9.

Upon information and belief, Apple makes, uses, offers for sale, imports, and/or

sells products compliant with the 3GPP standard, including but not limited to the iPhone 4S,
iPhone 5, and iPad (3rd Generation).
10.

Upon information and belief, the accused Apple products support at least Release

5, et seq. of the 3GPP standard.
2

11.

Upon information and belief, the accused Apple products use orthogonal codes to

transmit and/or receive a plurality of data items over a plurality of wireless links in a single
frequency channel.
12.

Upon information and belief, Apple has been and is now infringing, directly and

indirectly by way of inducement and/or contributory infringement, literally and/or under the
doctrine of equivalents, the ’211 Patent in this District and elsewhere by making, using, offering
for sale, importing, and/or selling, without authority from Wi-LAN, products compliant with the
3GPP standard, including but not limited to the iPhone 4S, iPhone 5, and iPad (3rd Generation),
that fall within the scope of one or more of the claims of the ’211 Patent. Apple contributes to
and induces infringement through supplying the accused Apple products to customers, and
Apple’s customers—who purchase the accused Apple products and operate those products in
accordance with Apple’s instructions—directly infringe one or more claims of the ’211 Patent.
13.

Apple, by way of its infringing activities, has caused and continues to cause Wi-

LAN to suffer damages, and Wi-LAN is entitled to recover from Defendant damages in an
amount to be determined at trial.
14.

Apple has had actual notice of the ’211 Patent and of its infringement of the Patent-

in-Suit since at least November 25, 2011.

15.

Apple’s direct and indirect infringement of the ’211 Patent has been willful and

deliberate, making this an exceptional case and justifying enhanced damages pursuant to 35
U.S.C. § 284 and attorney’s fees under 35 U.S.C. § 285.
16.

Wi-LAN has no adequate remedy at law against the Defendant’s acts of

infringement, and unless the Defendant is enjoined from its infringement of the ’211 Patent, WiLAN will suffer irreparable harm.

3

DEMAND FOR JURY TRIAL
Wi-LAN demands a trial by jury for any and all issues triable of right before a jury.
PRAYER FOR RELIEF
WHEREFORE, Wi-LAN requests entry of judgment in its favor and against Defendant
as follows:
A.

Declaring that Defendant has infringed U.S. Patent No. 6,381,211;

B.

Permanently enjoining Defendant and its officers, directors, agents, servants,

employees, affiliates, divisions, branches, subsidiaries, parents and all others acting in concert or
privity with Defendant from infringing, inducing the infringement of, or contributing to the
infringement of U.S. Patent No. 6,381,211;
C.

Awarding to Wi-LAN damages arising out of Defendant’s infringement of U.S.

Patent No. 6,381,211, including enhanced damages pursuant to 35 U.S.C. § 284, together with
prejudgment and post-judgment interest, in an amount to be determined at trial;
D.

Awarding to Wi-LAN its costs in connection with this action; and

E.

Such other and further relief in law or in equity to which Wi-LAN may be justly

entitled.

4

Dated: December 6, 2012

Respectfully submitted,

By:

/s/ David B. Weaver
Johnny Ward
Texas State Bar No. 00794818
Wesley Hill
Texas State Bar No. 24032294
WARD & SMITH LAW FIRM
111 W. Tyler Street
Longview, TX 75601
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

David B. Weaver – LEAD ATTORNEY
Texas State Bar No. 00798576
Efrén Garcia
Texas State Bar No. 24055524
VINSON & ELKINS LLP
2801 Via Fortuna, Suite 100
Austin, TX 78746
Tel: [phone]
[e-mail]
[e-mail]
Charles P. Ebertin
VINSON & ELKINS LLP
525 University Avenue, Suite 410
Palo Alto, CA 94301-1918
Tel: [phone]
[e-mail]
Attorneys for Plaintiff, Wi-LAN Inc.

5