Case 3:18-cv-00365-WHA Document 1 Filed 08/02/17 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Civil Action No. 2:17-cv-00571
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`PATENT CASE
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`JURY TRIAL DEMANDED
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`UNILOC USA, INC. and
`UNILOC LUXEMBOURG, S.A.,
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`Plaintiffs,
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`v.
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`APPLE INC.,
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs, Uniloc USA, Inc. (“Uniloc USA”) and Uniloc Luxembourg, S.A. (“Uniloc
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`Luxembourg”) (together, “Uniloc”), for their complaint against defendant, Apple Inc. (“Apple”),
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`allege as follows:
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`THE PARTIES
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`1.
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`Uniloc USA is a Texas corporation having a principal place of business at Legacy
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`Town Center I, Suite 380, 7160 Dallas Parkway, Plano Texas 75024. Uniloc USA also
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`maintains a place of business at 102 N. College, Suite 603, Tyler, Texas 75702.
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`2.
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`Uniloc Luxembourg is a Luxembourg public limited liability company having a
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`principal place of business at 15, Rue Edward Steichen, 4th Floor, L-2540, Luxembourg (R.C.S.
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`Luxembourg B159161).
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`3.
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`Apple is a California corporation, having a principal place of business in
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`Cupertino, California and regular and established place of business at 2601 Preston Road, Frisco,
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`Texas and 6121 West Park Boulevard, Plano, Texas. Apple offers its products and/or services,
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`2760493.v1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
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`§
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`Civil Action No. 2:17-cv-00571
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`
`UNILOC USA, INC. and
`UNILOC LUXEMBOURG, S.A.,
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`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`v.
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`
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`
`
`
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`
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`APPLE INC.,
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`
`
`
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`
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`
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`Defendant.
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`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
`Plaintiffs, Uniloc USA, Inc. (“Uniloc USA”) and Uniloc Luxembourg, S.A. (“Uniloc
`
`Luxembourg”) (together, “Uniloc”), for their complaint against defendant, Apple Inc. (“Apple”),
`
`allege as follows:
`
`THE PARTIES
`
`1.
`
`Uniloc USA is a Texas corporation having a principal place of business at Legacy
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`Town Center I, Suite 380, 7160 Dallas Parkway, Plano Texas 75024. Uniloc USA also
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`maintains a place of business at 102 N. College, Suite 603, Tyler, Texas 75702.
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`2.
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`Uniloc Luxembourg is a Luxembourg public limited liability company having a
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`principal place of business at 15, Rue Edward Steichen, 4th Floor, L-2540, Luxembourg (R.C.S.
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`Luxembourg B159161).
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`3.
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`Apple is a California corporation, having a principal place of business in
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`Cupertino, California and regular and established place of business at 2601 Preston Road, Frisco,
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`Texas and 6121 West Park Boulevard, Plano, Texas. Apple offers its products and/or services,
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`2760493.v1
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`Case 3:18-cv-00365-WHA Document 1 Filed 08/02/17 Page 2 of 6
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`including those accused herein of infringement, to customers and potential customers located in
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`Texas and in the judicial Eastern District of Texas. Apple may be served with process through
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`its registered agent for service in Texas: CT Corporation System, 1999 Bryant Street, Suite 900,
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`Dallas, Texas 75201.
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`JURISDICTION AND VENUE
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`4.
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`Uniloc brings this action for patent infringement under the patent laws of the
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`United States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction under 28
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`U.S.C. §§ 1331, 1332(a), and 1338(a).
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`5.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b). Apple
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`has committed acts of infringement in this judicial district, and has a regular and established
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`place of business in this district, as set forth above.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,216,158)
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`Uniloc incorporates paragraphs 1-5 above by reference.
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`Uniloc Luxembourg is the owner, by assignment, of U.S. Patent No. 6,216,158
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`6.
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`7.
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`(“the ’158 Patent”), entitled SYSTEM AND METHOD USING A PALM SIZED COMPUTER
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`TO CONTROL NETWORK DEVICES, which issued April 10, 2001. A copy of the ’158 Patent
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`is attached as Exhibit A.
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`8.
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`Uniloc USA is the exclusive licensee of the ’158 Patent, with ownership of all
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`substantial rights, including the right to grant sublicenses, to exclude others, and to enforce and
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`recover past damages for infringement.
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`9.
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`Apple imports, offers for sale, and sells palm-sized iOS devices having wireless
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`communication ports and the ability to communicate wirelessly (such as by Bluetooth® or over a
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`WiFi network), to other devices on a network, using software.
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`2
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`Case 3:18-cv-00365-WHA Document 1 Filed 08/02/17 Page 3 of 6
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`10.
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`Apple imports, offers for sale, and sells a network device (“Apple TV”), on which
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`Apple has installed a program (“Apple TV Program”) that cannot be executed on Apple’s palm-
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`sized iOS devices. (The palm-sized iOS devices and Apple TV are referred to as “Accused
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`Devices.”)
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`11.
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`Apple has installed on its palm-sized iOS devices an application (“App Store”),
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`which provides a directory of services, including one that corresponds to the Apple TV Program.
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`Apple distributes, through its App Store, program code for controlling the service (“Apple TV
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`Remote Application”), which when loaded on the palm-sized iOS device, allows that device to
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`issue control commands to the Apple TV device to control the Apple TV Program. (“Apple TV
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`Remote Application” is referred to as the “Accused Application.”)
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`12.
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`Apple has infringed, and continues to infringe, claims of the ’158 Patent in the
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`United States, including claims 1, 2, 4, 6-9, 12, and 14-20, by making, using, offering for sale,
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`selling, and importing the Accused Devices and the Accused Application, in violation of 35
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`U.S.C. §271(a).
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`13.
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`Apple has also infringed, and continues to infringe, claims 1, 2, 4, 6-9, 12, and 14-
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`20 of the ’158 Patent by actively inducing others to use, offer for sale, and sell the Accused
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`Devices and the Accused Application.
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`14.
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`Apple’s customers who use those devices and that application in accordance with
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`Apple’s instructions infringe claims 1, 2, 4, 6-9, 12, and 14-20 of the ’158 Patent, in violation of
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`35 U.S.C. § 271(a). Apple intentionally instructs its customers to infringe through training
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`videos, demonstrations, brochures, installation and user guides, such as those located at:
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`www.apple.com, including:
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`https://www.apple.com/ios/app-store/
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`Case 3:18-cv-00365-WHA Document 1 Filed 08/02/17 Page 4 of 6
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`https://developer.apple.com/ios/
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`https://support.apple.com/en-us/HT204989
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`https://support.apple.com/en-us/HT202794
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`https://developer.apple.com/app-store/product-page/
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`https://www.apple.com/iphone-7/specs/
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`www.youtube.com
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`Apple is thereby liable for infringement of the ’158 Patent under 35 U.S.C. § 271(b).
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`15.
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`Apple has also infringed, and continues to infringe, claims 1, 2, 4, 6-9, 12, and 14-
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`20 of the ’158 patent by offering to commercially distribute, commercially distributing, or
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`importing its Accused Devices and Accused Application, which apparatuses are used in
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`practicing the processes, or using the systems, of the ’158 patent, and constitute a material part of
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`the invention. Apple knows portions of the software contained in the Accused Devices and
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`Accused Application to be especially made or especially adapted for use in infringement of the
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`’158 patent, not a staple article, and not a commodity of commerce suitable for substantial
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`noninfringing use.
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`16.
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`Apple will have been on notice of the ’158 Patent since, at the latest, the service
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`of this complaint upon it. By the time of trial, Apple will have known and intended (since
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`receiving such notice) that its continued actions would actively induce and contribute to the
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`infringement of claims 1, 2, 4, 6-9, 12, and 14-20 of the ’158 Patent.
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`17.
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`Apple may have infringed the ’158 Patent through other software and devices
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`utilizing the same or reasonably similar functionality, including other versions of the Accused
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`Devices or the Accused Application.
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`18.
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`Uniloc has been damaged by Apple’s infringement of the ’158 Patent.
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`4
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`Case 3:18-cv-00365-WHA Document 1 Filed 08/02/17 Page 5 of 6
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against Apple:
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`(A)
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`(B)
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`’158 Patent;
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`(C)
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`(D)
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`declaring that Apple has infringed the ’158 Patent;
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`awarding Uniloc its damages suffered as a result of Apple’s infringement of the
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`awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
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`granting Uniloc such further relief as the Court finds appropriate.
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`DEMAND FOR JURY TRIAL
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`Uniloc demands trial by jury, under Fed. R. Civ. P. 38.
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`Date: August 2, 2017
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`Respectfully submitted,
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`/s/ Edward R. Nelson III
`Paul J. Hayes (Lead Attorney)
`Massachusetts State Bar No. 227000
`James J. Foster
`Massachusetts State Bar No. 553285
`Kevin Gannon
`Massachusetts State Bar No. 640931
`Dean G. Bostock
`Massachusetts State Bar No. 549747
`Robert R. Gilman
`Massachusetts State Bar No. 645224
`Michael Ercolini
`New York State Bar No. 5029905
`Aaron Jacobs
`Massachusetts State Bar No. 677545
`Tyrus S. Cartwright
`Massachusetts State Bar No. 693109
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Email: phayes@princelobel.com
`Email: jfoster@princelobel.com
`Email: kgannon@princelobel.com
`Email: dbostock@princelobel.com
`Email: rgilman@princelobel.com
`Email: mercolini@princelobel.com
`Email: ajacobs@princelobel.com
`Email: tcartwright@princelobel.com
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`5
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`Case 3:18-cv-00365-WHA Document 1 Filed 08/02/17 Page 6 of 6
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`Edward R. Nelson III
`ed@nelbum.com
`Texas State Bar No. 00797142
`Anthony M. Vecchione
`anthony@nelbum.com
`Texas State Bar No. 24061270
`NELSON BUMGARDNER PC
`3131 West 7th Street, Suite 300
`Fort Worth, TX 76107
`Tel: (817) 377-9111
`Fax: (817) 377-3485
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`ATTORNEYS FOR THE PLAINTIFFS
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