Mirror Worlds Technologies, LLC v. Apple Inc. et al
Filing
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COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-4150200.), filed by Mirror Worlds Technologies, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1)(Franzini, Simon)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MIRROR WORLDS TECHNOLOGIES, LLC, a
Texas corporation,
Plaintiff,
CASE NO.
vs.
JURY DEMANDED
APPLE, INC., a California corporation; BEST BUY
CO. INC., a Minnesota corporation; DELL, INC., a
Delaware Corporation; HEWLETT PACKARD
COMPANY, a California Corporation; LENOVO
GROUP LTD., a Chinese Corporation; LENOVO
(UNITED STATES) INC., a Delaware Corporation,
MICROSOFT CORPORATION, a Washington
corporation; SAMSUNG ELECTRONICS USA,
INC., a Delaware Corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware corporation,
Defendants.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Mirror Worlds Technologies, LLC (“Mirror Worlds”) sues the above-listed
Defendants and on information and belief alleges as follows:
Introduction
1.
Plaintiff Mirror Worlds owns the inventions described and claimed in United
States Patent No. 6,006,227 entitled “Document Stream Operating System” (the “’227 Patent”).
Defendants, without Mirror Worlds’ permission, (a) have used and continued to use Mirror
Worlds’ patented technology in connection with products that they make, use, sell, and offer to
sell that include document stream software; and (b) have contributed to and/or induced, and
continue to contribute to and/or induce, others to use Mirror Worlds’ patented technology.
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Mirror Worlds seeks damages for patent infringements and an injunction preventing Defendants
from making, using, selling, or offering to sell, and from contributing to and inducing others to
make, use, sell, or offer to sell, Mirror Worlds’ patented technology without permission.
Jurisdiction and Venue
2.
This is an action for patent infringement arising under the patent laws of the
United States, 35 U.S.C. §§ 271 and 281, et seq. The Court has original jurisdiction over this
patent infringement action under 28 U.S.C. §§ 1331 and 1338(a).
3.
Venue is proper in this Court because Defendants are responsible for acts of
infringement occurring in the Eastern District of Texas as alleged in this Complaint, and have
delivered or caused to be delivered their infringing products in the Eastern District of Texas. In
addition, this Court has presided over prior matters relating to the asserted patent, including the
matter of Mirror Worlds v. Apple, Inc., 6:08-cv-00088-LED, in which the Court has entered a
Markman order (dkt. # 302, entered August 11, 2010) and has presided over a five-day jury trial.
Plaintiff Mirror Worlds
4.
Plaintiff Mirror Worlds Technologies is a Texas limited liability company with
principal place of business in Tyler, Texas.
The Patent
5.
The United States Patent and Trademark Office issued the ‘227 patent (attached
as exhibit A) on December 21, 1999.
6.
Through assignment, Plaintiff is the owner of all right, title, and interest to,
including all rights to pursue and collect damages for past infringements of the ‘227 patent.
Defendants
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7.
Defendant Apple, Inc. (“Apple”) is a California corporation with its principle
place of business in Cupertino, California.
8.
Defendant Best Buy Company, Inc. (“Best Buy”) is a Minnesota corporation with
its principal place of business in Richfield, Minnesota.
9.
Defendant Dell Corporation (“Dell”) is a Delaware Corporation with its principal
place of business in Round Rock, Texas.
10.
Defendant Hewlett Packard Ltd. (“HP”) is a Delaware Corporation with its United
States Headquarters and its principal place of business for United States operations in Houston,
Texas.
11.
Defendant Lenovo Group Limited (“Lenovo Group”) is a Chinese Corporation
with a principal place of business in Morrisville, North Carolina.
12.
Defendant Lenovo (United States) Inc. (“Lenovo USA”) is a Delaware
Corporation with its principal place of business in Morrisville, North Carolina.
13.
Defendant Microsoft Corporation (“Microsoft”) is a Washington corporation with
its principal place of business in Redmond, Washington.
14.
Defendant Samsung Electronics America, Inc. (“Samsung Electronics”) is a
Delaware Corporation with its principal place of business in Ridgefield Park, New Jersey.
15.
Defendant Samsung Telecommunications America, L.L.C. (“Samsung
Telecommunications”) is a Delaware corporation with its principal place of business in
Richardson, Texas.
CLAIM FOR PATENT INFRINGEMENT (‘227 PATENT)
16.
Plaintiff incorporates by reference each of the allegations in paragraphs 1-15
above.
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17.
On December 21, 1999, the ‘227 Patent, disclosing and claiming a “Document
Stream Operating System,” was duly and legally issued by the United States Patent and
Trademark Office.
18.
Each claim of the ‘227 patent is valid and enforceable.
19.
Plaintiff Mirror Worlds is the owner of the ‘227 Patent with full rights to pursue
recovery of royalties or damages for infringement of such patent, including full rights to recover
past and future damages.
Apple
20.
Since at least October 2nd, 2010, Defendant Apple has infringed the ‘227 patent
and, unless enjoined, will continue to do so, by making, using, selling, offering for sale and/or
importing infringing products, without a license or permission from Mirror Worlds. Apple’s
infringing products include, without limitation, its products that generate streams of data units,
including without limitation Mac computers and certain versions of Mac OS X.
21.
Apple has actively induced, and will continue to actively induce, users of its
infringing products to infringe the ‘227 patent. Apple offered and continues to offer its
infringing products for sale, and instructed and continues to instruct users to operate them in an
infringing manner through, without limitation, advertisements, product documentation, and
customer support. Apple knew of the ‘227 patent since at least July 2, 2001, and knew that its
actions would induce and will continue to induce users of its infringing products to infringe the
‘227 patent. As a result of Apple’s inducement, users of Apple’s infringing products have
infringed and continue to infringe the ‘227 patent.
22.
Apple has contributed to and continues to contribute to the infringement of the
’227 patent by the users of its infringing products and services. Apple sold, offered to sell,
and/or imported and continues to sell, offer to sell, and or/import its infringing products and
services for use in a data unit stream generation and data unit search, organization, and display
process that constitutes a material part of the invention claimed in the ‘227 patent. Apple knew
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that its infringing products were especially made for infringement of the ‘227 patent; that they
were not a staple article or commodity of commerce; and that they have no substantial noninfringing use.
23.
Apple’s infringement of the ‘227 patent has been and continues to be willful.
Apple knew of the ‘227 patent since at least July 2, 2001. Apple has disregarded and continues
to disregard an objectively high likelihood that its actions infringe the ’227 patent. This risk has
been known to Apple, or is so obvious that it should have been known to it.
24.
Plaintiff has been damaged by Apple’s infringement of the ‘227 Patent and will
suffer additional irreparable damage and impairment of the value of its patent rights unless Apple
is enjoined from continuing to infringe the ‘227 patent.
Microsoft
25.
Defendant Microsoft has infringed the ‘227 patent and, unless enjoined, will
continue to do so, by making, using, selling, offering for sale and/or importing infringing
products and services, without a license or permission from Plaintiff. Microsoft’s infringing
products and services include, without limitation, its products that generate streams of data units,
including without limitation versions of the Windows operating system.
26.
Microsoft has actively induced, and will continue to actively induce, users of its
infringing products to infringe the ‘227 patent. Microsoft offered and continues to offer its
infringing products for sale, and instructed and continues to instruct users to operate them in an
infringing manner through, without limitation, advertisements, product documentation, and
customer support. Microsoft knew of the ‘227 patent before this lawsuit was filed, and knew that
its actions would induce and will continue to induce users of its infringing products to infringe
the ‘227 patent. As a result of Microsoft’s inducement, users of Microsoft’s infringing products
have infringed and continue to infringe the ‘227 patent.
27.
Microsoft has contributed to and continues to contribute to the infringement of the
’227 patent by the users of its infringing products and services. Microsoft sold, offered to sell,
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and/or imported and continues to sell, offer to sell, and or/import its infringing products and
services for use in a data unit stream generation and data unit search organization process that
constitutes a material part of the invention claimed in the ‘227 patent. Microsoft knew that its
infringing products were especially made for infringement of the ‘227 patent; that they were not
a staple article or commodity of commerce; and that they have no substantial non-infringing use.
28.
Microsoft’s infringement of the ‘227 patent has been and continues to be willful.
Microsoft knew of the ‘227 patent since at least August 28, 2002. Microsoft has disregarded and
continues to disregard an objectively high likelihood that its actions infringe the ’227 patent.
This risk has been known to Microsoft, or is so obvious that it should have been known to it.
29.
Plaintiff has been damaged by Microsoft’s infringement of the ‘227 Patent and
will suffer additional irreparable damage and impairment of the value of its patent rights unless
Microsoft is enjoined from continuing to infringe the ‘227 patent.
Dell
30.
Defendant Dell has infringed the ‘227 patent and, unless enjoined, will continue
to do so, by making, using, selling, offering for sale and/or importing infringing products and
services, without a license or permission from Plaintiff. Dell’s infringing products include,
without limitation, personal computers and tablets that include versions of the Windows
operating system obtained from Defendant Microsoft.
31.
Dell has actively induced, and will continue to actively induce, users of its
infringing products to infringe the ‘227 patent. Dell offered and continues to offer its infringing
products for sale, and instructed and continues to instruct users to operate them in an infringing
manner through, without limitation, advertisements, product documentation, and customer
support. Dell knew of the ‘227 patent since at least May 22, 2013, and knew that its actions
would induce and will continue to induce users of its infringing products to infringe the ‘227
patent. As a result of Dell’s inducement, users of Dell’s infringing products have infringed and
continue to infringe the ‘227 patent.
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32.
Dell has contributed to and continues to contribute to the infringement of the ’227
patent by the users of its infringing products and services. Dell sold, offered to sell, and/or
imported and continues to sell, offer to sell, and or/import its infringing products and services for
use in a data unit organization process that constitutes a material part of the invention claimed in
the ‘227 patent. Dell knew that its infringing products were especially made for infringement of
the ‘227 patent; that they were not a staple article or commodity of commerce; and that they have
no substantial non-infringing use.
33.
Dell’s infringement of the ‘227 patent has been and continues to be willful. Dell
knew of the ‘227 patent since at least May 22, 2013. Dell has disregarded and continues to
disregard an objectively high likelihood that its actions infringe the ’227 patent. This risk has
been known to Dell, or is so obvious that it should have been known to it.
34,
Plaintiff has been damaged by Dell’s infringement of the ‘227 Patent and will
suffer additional irreparable damage and impairment of the value of its patent rights unless Dell
is enjoined from continuing to infringe the ‘227 patent.
HP
35.
Defendant HP has infringed the ‘227 patent and, unless enjoined, will continue to
do so, by making, using, selling, offering for sale and/or importing infringing products and
services, without a license or permission from Plaintiff. HP’s infringing products include,
without limitation, personal computers and tablets that include versions of the Windows
operating system obtained from Defendant Microsoft.
36.
HP has actively induced, and will continue to actively induce, users of its
infringing products to infringe the ‘227 patent. HP offered and continues to offer its infringing
products for sale, and instructed and continues to instruct users to operate them in an infringing
manner through, without limitation, advertisements, product documentation, and customer
support. HP knew of the ‘227 patent since before this lawsuit was filed, and knew that its actions
would induce and will continue to induce users of its infringing products to infringe the ‘227
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patent. As a result of HP’s inducement, users of HP’s infringing products have infringed and
continue to infringe the ‘227 patent.
37.
HP has contributed to and continues to contribute to the infringement of the ’227
patent by the users of its infringing products and services. HP sold, offered to sell, and/or
imported and continues to sell, offer to sell, and or/import its infringing products and services for
use in a data unit organization process that constitutes a material part of the invention claimed in
the ‘227 patent. HP knew that its infringing products were especially made for infringement of
the ‘227 patent; that they were not a staple article or commodity of commerce; and that they have
no substantial non-infringing use.
38.
HP’s infringement of the ‘227 patent has been and continues to be willful. HP
knew of the ‘227 patent since at least May 22, 2013. HP has disregarded and continues to
disregard an objectively high likelihood that its actions infringe the ’227 patent. This risk has
been known to HP, or is so obvious that it should have been known to it.
39.
Plaintiff has been damaged by HP’s infringement of the ‘227 Patent and will
suffer additional irreparable damage and impairment of the value of its patent rights unless HP is
enjoined from continuing to infringe the ‘227 patent.
Lenovo
40.
Lenovo USA and Lenovo Group (collectively, “Lenovo defendants”) have
infringed the ‘227 patent and, unless enjoined, will continue to do so, by making, using, selling,
offering for sale and/or importing infringing products and services, without a license or
permission from Plaintiff. The Lenovo defendants’ infringing products include, without
limitation, personal computers and tablets that include versions of the Windows operating system
obtained from Defendant Microsoft.
41.
The Lenovo defendants have actively induced, and will continue to actively
induce, users of their infringing products to infringe the ‘227 patent. The Lenovo defendants
offered and continue to offer their infringing products for sale, and instructed and continue to
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instruct users to operate them in an infringing manner through, without limitation,
advertisements, product documentation, and customer support. The Lenovo defendants knew of
the ‘227 patent since at least May 22, 2013, and knew that their actions would induce and will
continue to induce users of their infringing products to infringe the ‘227 patent. As a result of
the Lenovo defendants’ inducement, users of the Lenovo defendants’ infringing products have
infringed and continue to infringe the ‘227 patent.
42.
The Lenovo defendants have contributed to and continue to contribute to the
infringement of the ’227 patent by the users of their infringing products and services. The
Lenovo defendants sold, offered to sell, and/or imported and continue to sell, offer to sell, and
or/import their infringing products and services for use in a data unit organization process that
constitutes a material part of the invention claimed in the ‘227 patent. The Lenovo defendants
knew that their infringing products were especially made for infringement of the ‘227 patent; that
they were not a staple article or commodity of commerce; and that they have no substantial noninfringing use.
43.
The Lenovo defendants’ infringement of the ‘227 patent has been and continues
to be willful. The Lenovo defendants knew of the ‘227 patent since at least May 22, 2013. The
Lenovo defendants have disregarded and continue to disregard an objectively high likelihood
that their actions infringe the ’227 patent. This risk has been known to the Lenovo defendants,
or is so obvious that it should have been known to them.
44.
Plaintiff has been damaged by the Lenovo defendants’ infringement of the ‘227
Patent and will suffer additional irreparable damage and impairment of the value of its patent
rights unless the Lenovo defendants are enjoined from continuing to infringe the ‘227 patent.
Samsung
45.
Samsung Electronics and Samsung Telecommunications (collectively, “Samsung
defendants”) have infringed the ‘227 patent and, unless enjoined, will continue to do so, by
making, using, selling, offering for sale and/or importing infringing products and services,
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without a license or permission from Plaintiff. The Samsung defendants’ infringing products
include, without limitation, personal computers and tablets that include versions of the Windows
operating system obtained from Defendant Microsoft.
46.
The Samsung defendants have actively induced, and will continue to actively
induce, users of their infringing products to infringe the ‘227 patent. The Samsung defendants
offered and continue to offer their infringing products for sale, and instructed and continue to
instruct users to operate them in an infringing manner through, without limitation,
advertisements, product documentation, and customer support. The Samsung defendants knew
of the ‘227 patent since at least May 22, 2013, and knew that their actions would induce and will
continue to induce users of their infringing products to infringe the ‘227 patent. As a result of
the Samsung defendants’ inducement, users of the Samsung defendants’ infringing products have
infringed and continue to infringe the ‘227 patent.
47.
The Samsung defendants have contributed to and continue to contribute to the
infringement of the ’227 patent by the users of their infringing products and services. The
Samsung defendants sold, offered to sell, and/or imported and continue to sell, offer to sell, and
or/import their infringing products and services for use in a data unit organization process that
constitutes a material part of the invention claimed in the ‘227 patent. The Samsung defendants
knew that their infringing products were especially made for infringement of the ‘227 patent; that
they were not a staple article or commodity of commerce; and that they have no substantial noninfringing use.
48.
The Samsung defendants’ infringement of the ‘227 patent has been and continues
to be willful. The Samsung defendants knew of the ‘227 patent since at least May 22, 2013. The
Samsung defendants have disregarded and continue to disregard an objectively high likelihood
that their actions infringe the ’227 patent. This risk has been known to the Samsung defendants,
or is so obvious that it should have been known to them.
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49.
Plaintiff has been damaged by the Samsung defendants’ infringement of the ‘227
Patent and will suffer additional irreparable damage and impairment of the value of its patent
rights unless the Samsung defendants are enjoined from continuing to infringe the ‘227 patent.
Best Buy
50.
Defendant Best Buy has infringed the ‘227 patent and, unless enjoined, will
continue to do so, by using, selling, offering for sale and/or importing infringing products and
services, without a license or permission from Plaintiff. Best Buy’s infringing products include,
without limitation, (1) versions of the Windows operating system that are obtained from
Defendant Microsoft and/or versions of the Mac OS X operating system that are obtained from
Defendant Apple , and (2) personal computers and/or tablets that are (a) made and/or imported
by Defendants Apple, Dell, HP, Lenovo Group, Lenovo USA, Microsoft, Samsung Electronics,
and Samsung Telecommunications, and (b) include versions of the Windows operating system
that are obtained from Defendant Microsoft and/or versions of the Mac OS X operating system
that are obtained from Defendant Apple.
51.
Best Buy has actively induced, and will continue to actively induce, users of its
infringing products to infringe the ‘227 patent. Best Buy offered and continues to offer
infringing products for sale, and instructed and continues to instruct users to operate them in an
infringing manner through, without limitation, advertisements and customer support. Best Buy
knew of the ‘227 patent since at least May 22, 2013, and knew that its actions would induce and
will continue to induce users of its infringing products to infringe the ‘227 patent. As a result of
Best Buy’s inducement, users of Best Buy’s infringing products have infringed and continue to
infringe the ‘227 patent.
52.
Best Buy has contributed to and continues to contribute to the infringement of the
’227 patent by the users of its infringing products and services. Best Buy sold, offered to sell,
and/or imported and continues to sell, offer to sell, and or/import its infringing products and
services for use in a data unit stream generation and data unit organization and search process
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that constitutes a material part of the invention claimed in the ‘227 patent. Best Buy knew that
its infringing products were especially made for infringement of the ‘227 patent; that they were
not a staple article or commodity of commerce; and that they have no substantial non-infringing
use.
53.
Best Buy’s infringement of the ‘227 patent has been and continues to be willful.
Best Buy knew of the ‘227 patent since at least May 22, 2013. Best Buy has disregarded and
continues to disregard an objectively high likelihood that its actions infringe the ’227 patent.
This risk has been known to Best Buy, or is so obvious that it should have been known to it.
54.
Mirror Worlds has been damaged by Best Buy’s infringement of the ‘227 Patent
and will suffer additional irreparable damage and impairment of the value of its patent rights
unless Best Buy is enjoined from continuing to infringe the ‘227 patent.
Jury Demand
Plaintiff demands trial by jury of all issues.
Prayer for Relief
WHEREFORE, Plaintiff prays for judgment as follows:
A.
A decree preliminarily and permanently enjoining Defendants, their officers,
directors, employees, agents, and all persons in active concert with them, from
infringing, and contributing to or inducing others to infringe, the ‘227 patent;
B.
Compensatory damages awarding Plaintiff damages caused by Defendants’
infringement of the ‘227 patent.
C.
Enhancement of Plaintiff’s damages by reason of the nature of Defendants’
infringement pursuant to 35 U.S.C. § 284;
D.
Costs of suit and attorneys’ fees;
E.
Pre-judgment interest; and
F.
Such other relief as justice requires.
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Dated: May 23, 2013
Respectfully submitted,
By: /s/ Simon Franzini
Simon Franzini
CA State Bar No. 287631
(admitted to practice before the U.S. District
Court for the Eastern District of Texas)
Email: simon@dovellaw.com
Sean A. Luner
CA State Bar No. 165443
(admitted to practice before the U.S. District
Court for the Eastern District of Texas)
Email: sean@dovellaw.com
Gregory S. Dovel
CA State Bar No. 135387
(admitted to practice before the U.S. District
Court for the Eastern District of Texas)
Email: greg@dovellaw.com
Dovel & Luner, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: 310-656-7066
Facsimile: 310-657-7069
ATTORNEYS FOR PLAINTIFF, MIRROR
WORLDS TECHNOLOGIES, LLC
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