NYC IP, Inc. v. Apple Inc.

Filing 1

COMPLAINT against Apple, Inc. against NYC IP, Inc. ( Filing fee $ 400 receipt number 0540-4422801.), filed by NYC IP, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A)(Washko, Frank)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
NYC IP, Inc.,

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Plaintiff,
v.
Apple, Inc.,
Defendant.

C.A. No: 6:13-cv-921

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff NYC IP, Inc., by and through his undersigned counsel, for his Complaint for
patent infringement against defendant Apple, Inc., hereby states:

THE PARTIES
1.

Plaintiff NYC IP, Inc. is a New York company with a principal place of business at 435

E. 70th St., #16-K, New York, NY 10021.
2.

Defendant Apple, Inc. is a California corporation with its principal place of business at 1

Infinite Loop, Cupertino, CA 95014.

JURISDICTION AND VENUE
3.

This is a civil action for the infringement of United State Patent Number 7,016,084 ("the

'084 Patent" or "the Patent-in-Suit"), under the Patent Laws of the United States 35 U.S.C. § 1 et
seq.
4.

This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§

1331 and 1338(a) because this action arises under the patent laws of the United States, including
35 U.S.C. § 271 et seq.
5.

This Court has specific and general personal jurisdiction over Apple, which has

conducted and continues to conduct business in the State of Texas and in this Judicial District.
Apple directly sells, offers for sale, and/or advertises products and services in the State of Texas
and in this Judicial District. Apple has committed acts of infringement in the State of Texas and
in this Judicial District, and elsewhere in the United States. Apple also derives substantial
revenue from goods and services provided to individuals in Texas and in this Judicial District.
6.

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

7.

On March 21, 2006, the '084 Patent entitled "Method and Apparatus for Linking

Designated Portions of a Received Document Image With an Electronic Address," was duly and
lawfully issued by the United States Patent and Trademark Office ("USPTO"). The '084 Patent
relates to, among other things, the retrieval and display of audio, video, and executable content
on webpages. NYC IP is the owner of the '084 Patent and has all rights to enforce the '084
Patent. A copy of the '084 Patent is attached as Exhibit A to this Complaint.

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COUNT ONE
8.

NYC IP incorporates by references each of the foregoing paragraphs of this Complaint as

though fully set forth herein.
9.

Apple makes, uses, or sells computers, laptops, smartphones, and tablets, including, but

not limited to, the Macbook, the iPhone, the iPad, and similar devices.
10.

Apple has directly infringed, and continues to directly infringe, at least claim 4 of the

'084 Patent under 35 U.S.C. § 271, literally and/or under the doctrine of equivalents. Defendant's
infringing acts include, but are not limited to: making, using, selling, and offering to sell its
computers, laptops, smartphones, and tablets. These Apple products, among other infringing
features, provide the capability to access and display audio, video, or executable content
embedded on a webpage, either via a browser or other application. For example, an infringing
Macbook or iPhone accesses video data from the internet via an Apple application such as the
Safari browser. These infringing products use standards, such as HTML5, MP3, MP4, and
H.264, to access and display such audio, video, and executable content within the context of a
program that displays documents. In addition, Apple has made and used the claimed systems
and methods during the development of the accused products.
11.

Apple has indirectly infringed at least claim 1 of the '084 Patent, through induced

infringement under 35 U.S.C. § 271. Apple was notified of its infringement of the '084 Patent in
November, 2011. Nevertheless, Apple continued its acts of indirect infringement by continuing
to actively induce consumers to practice the method claimed by the '084 Patent and use the
apparatus claimed therein. Apple instructs consumers to display audio, video, or executable
content embedded on webpages using its computer, laptops, smartphones, and tablets, within the
scope of the '084 Patent. For example, consumers use an infringing Macbook or iPhone to

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access video data from the internet via an Apple application such as the Safari browser. These
infringing products use standards, such as HTML5, MP3, MP4, and H.264, to access and display
such audio, video, and executable content within the context of a program that displays
documents.
12.

With knowledge of the '084 Patent, Apple has indirectly infringed the '084 Patent by

inducing the direct infringement by consumers, by enabling, instructing, and encouraging
consumers to make and use the infringing apparatus and method described in at least claims 1
and 4 of the '084 Patent, while aware that their use is infringing.
13.

Apple's infringement of the '084 Patent is willful. Apple was notified by of its

infringement of the '084 Patent in November, 2011 and again in June, 2013.
14.

Apple's use of the technology claimed in the '084 Patent is without license or

authorization from NYC IP.
15.

NYC IP has been damaged by Apple's infringement of the '084 Patent.

PRAYER FOR RELIEF
WHEREFORE, NYC IP, Inc. prays for entry of judgment as follows:
a)

adjudging that the Defendant has infringed one or more of the claims of the Patent-in-

Suit, either literally or under the doctrine of equivalents;
b)

awarding NYC IP all damages to which he is entitled under 35 U.S.C. § 284 for Apple's

past infringement, and ordering a full accounting of same;
c)

awarding NYC IP treble damages based on the willfulness of Apple's infringement,

pursuant to 35 U.S.C. § 284, second paragraph;
d)

awarding NYC IP pre-judgment and post-judgment interest on its damages;

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e)

awarding costs and attorney's fees to NYC IP, and finding that this case is exceptional,

pursuant to 35 U.S.C. § 285; and
f)

awarding NYC IP such further and additional relief as the Court deem as just and proper

under the circumstances.

DEMAND FOR JURY TRIAL
NYC IP, Inc. hereby demands a trial by jury on all claims and issues so triable.

Dated: November 27, 2013

Respectfully submitted,
/s/ Frank M. Washko

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Frank M. Washko
[e-mail]
Tiburon Intellectual Property PLLC
350 Townsend St., Suite 680
San Francisco, CA 94107
[phone]
Counsel for Plaintiff NYC IP, Inc.

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