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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`MOBILEMEDIA IDEAS LLC,
`
`V.
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`)
`
`I
`I
`I
`I
`
`Civil Action No.
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Mobi1eMedia Ideas LLC (“MMI”), by and through its undersigned
`
`attorneys, demands a trial by jury on all issues and hereby alleges as follows for its Complaint
`
`against Defendant Apple Inc. (“Apple” or “Defendant”):
`
`PARTIES
`
`1.
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`Plaintiff MMI is a limited liability company organized and existing under
`
`the laws of the State of Delaware and has its principal place of business in Chevy Chase,
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`Maryland. MMI owns the patents at issue in this litigation.
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`2.
`
`Defendant Apple is a corporation organized and existing under the laws of
`
`the State of California and has its principal place of business in Cupertino, California. Apple is
`
`engaged in the design, manufacture, marketing and sale of, among other things, smartphone
`
`devices and personal media players, including but not limited to the iPhone 3G, iPhone 3GS,
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`iPod touch, iPod nano, iPod classic and iPod shuffle. Apple sells its devices throughout the
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`United States and specifically in this district through its retail location at 166 Christiana Mall,
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`Newark, Delaware 19702.
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`DB02:9442398.l
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`0693531002
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`Case 1:10—cv—OO258—SLR Document 1 Filed 03/31/10 Page 1 of 18 Page|D #: 1
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`MOBILEMEDIA IDEAS LLC,
`
`V.
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`)
`
`I
`I
`I
`I
`
`Civil Action No.
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Mobi1eMedia Ideas LLC (“MMI”), by and through its undersigned
`
`attorneys, demands a trial by jury on all issues and hereby alleges as follows for its Complaint
`
`against Defendant Apple Inc. (“Apple” or “Defendant”):
`
`PARTIES
`
`1.
`
`Plaintiff MMI is a limited liability company organized and existing under
`
`the laws of the State of Delaware and has its principal place of business in Chevy Chase,
`
`Maryland. MMI owns the patents at issue in this litigation.
`
`2.
`
`Defendant Apple is a corporation organized and existing under the laws of
`
`the State of California and has its principal place of business in Cupertino, California. Apple is
`
`engaged in the design, manufacture, marketing and sale of, among other things, smartphone
`
`devices and personal media players, including but not limited to the iPhone 3G, iPhone 3GS,
`
`iPod touch, iPod nano, iPod classic and iPod shuffle. Apple sells its devices throughout the
`
`United States and specifically in this district through its retail location at 166 Christiana Mall,
`
`Newark, Delaware 19702.
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`DB02:9442398.l
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`0693531002
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the patent laws of the United States. MMI asserts
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`claims for patent infringement under 35 U.S.C. §§ 271 and 281.
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`4.
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`This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331
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`and 1338.
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`5.
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`This Court has personal jurisdiction over Apple because, by placing its
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`electronic devices into the stream of commerce including into the State of Delaware, Apple has
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`sufficient minimum contacts with the State of Delaware, making it amenable to suit in this
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`district.
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`6.
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`Apple does business in this district, including making, using, selling,
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`offering to sell and/or importing products for sale in Delaware, including but not limited to
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`through sales at its retail store in Newark, Delaware where Apple sells its infringing devices.
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`Venue is therefore appropriate pursuant to 28 U.S.C. § 1400(b) and 28 U.S.C. § 1391(c).
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`SUMMARY OF CLAIMS
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`7.
`
`This is a patent infringement action brought by MMI against Defendant
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`for Defendant’s infringement of MMI’s patents.
`
`8.
`
`MMI owns all of the patents-in-suit and offers non-exclusive licenses
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`under the MMI patents.
`
`9.
`
`Defendant is infringing the patents-in-suit by, among other things, making,
`
`importing, using, offering to sell and/or selling in the United States and in this judicial district
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`Defendant’s smartphone and personal media player products, which employ MMI patented
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`technology.
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`10.
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`In making, importing, using, offering to sell and/or selling the infringing
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`products, providing customers with instructions about the use of such products and continuing
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`such acts, Defendant knew or should have known the products would be used in an infringing
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`manner. Defendant intended to encourage this infringement and continues to do so.
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`FACTS
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`Patents-In-Suit
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`11. United States Patent No. 6,253,075 (the “’075 Patent”) was duly and
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`legally issued on June 26, 2001 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Method and apparatus for incoming call rejection.” Plaintiff MMI owns and holds the
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`rights to the ’075 Patent, a copy of which is attached hereto as Exhibit A.
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`12. United States Patent No. 6,427,078 (the “’078 Patent”) was duly and
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`legally issued on July 30, 2002 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Device for personal communications, data collection and data processing, and a circuit
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`card.” Plaintiff MMI owns and holds the rights to the ’078 Patent, a copy of which is attached
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`hereto as Exhibit B.
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`13.
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`United States Patent No. Re. 39231 (the “’231 Patent”) was duly and
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`legally issued on August 8, 2006 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Communication terminal equipment and call incoming control method.”
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`Plaintiff MMI owns and holds the rights to the ’231 Patent, a copy of which is attached hereto
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`as Exhibit C.
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`14. United States Patent No. 5,737,394 (the “’394 Patent”) was duly and
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`legally issued on April 7, 1998 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Portable telephone apparatus having a plurality of selectable functions activated by the
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`use of dedicated and/or soft keys.” Plaintiff MMI owns and holds the rights to the ’394 Patent,
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`a copy of which is attached hereto as Exhibit D.
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`15.
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`United States Patent No. 6,002,390 (the “’390 Patent”) was duly and
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`legally issued on December 14, 1999 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Text input device and method.” Plaintiff MMI owns and holds the rights to
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`the ’390 Patent, a copy of which is attached hereto as Exhibit E.
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`16. United States Patent No. 6,070,068 (the “’068 Patent”) was duly and
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`legally issued on May 30, 2000 and was assigned to MMI on January 11, 2010 for an invention
`
`entitled “Communication terminal device and method for controlling a connecting state of a call
`
`into a desired connection state upon a predetermined operation by a user.” Plaintiff MMI owns
`
`and holds the rights to the ’068 Patent, a copy of which is attached hereto as Exhibit F.
`
`17. United States Patent No. 6,393,430 (the “’430 Patent”) was duly and
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`legally issued on May 21, 2002 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Method and system for automatically recording music data files by using the hard
`
`drive of a personal computer as an intermediate storage medium.” Plaintiff MMI owns and
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`holds the rights to the ’430 Patent, a copy of which is attached hereto as Exhibit G.
`
`18. United States Patent No. 6,441,828 (the ‘"828 Patent”) was duly and
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`legally issued on August 27, 2002 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Image display apparatus.” Plaintiff MMI owns and holds the rights to the
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`’828 Patent, a copy of which is attached hereto as Exhibit H.
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`19. United States Patent No. 6,446,080 (the “’080 Patent”) was duly and
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`legally issued on September 3, 2002 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Method for creating, modifying, and playing a custom playlist, saved as a
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`Virtual CD, to be played by a digital audio/visual actuator device.” Plaintiff MMI owns and
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`holds the rights to the ’080 Patent, a copy of which is attached hereto as Exhibit I.
`
`20. United States Patent No. 6,549,942 (the “’942 Patent”) was duly and
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`legally issued on April 15, 2003 and was assigned to MMI on January 11, 2010 for an invention
`
`entitled “Enhanced delivery of audio data for portable playback.” Plaintiff MMI owns and
`
`holds the rights to the ’942 Patent, a copy of which is attached hereto as Exhibit J.
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`21. United States Patent No. 6,760,477 (the “’477 Patent”) was duly and
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`legally issued on July 6, 2004 and was assigned to MMI on January 11, 2010 for an invention
`
`entitled “Method and apparatus for entering data strings including Hangul (Korean) and ASCII
`
`characters.” Plaintiff MMI owns and holds the rights to the ’477 Patent, a copy of which is
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`attached hereto as Exhibit K.
`
`22.
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`United States Patent No. 7,313,647 (the “’647 Patent”) was duly and
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`legally issued on December 25, 2007 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Storage and reproduction apparatus.” Plaintiff MMI owns and holds the
`
`rights to the ’647 Patent, a copy of which is attached hereto as Exhibit L.
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`23. United States Patent No. 7,349,012 (the “’012 Patent”) was duly and
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`legally issued on March 25 , 2008 and was assigned to MMI on January 11, 2010 for an
`
`invention entitled “Imaging apparatus with higher and lower resolution converters and a
`
`compression unit to compress decreased resolution image data.” Plaintiff MMI owns and holds
`
`the rights to the ’012 Patent, a copy of which is attached hereto as Exhibit M.
`
`24. United States Patent No. 5,915,239 (the ‘"239 Patent”) was duly and
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`legally issued on June 22, 1999 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Voice-controlled telecommunication terminal.” Plaintiff MMI owns and holds the
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`rights to the ‘239 Patent, a copy of which is attached hereto as Exhibit N.
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`Notice to Defendant
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`25.
`
`On February 22, 2010, Apple was notified by letter that its smartphone
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`products, including the iPhone 3G and iPhone 3GS, and personal media player products,
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`including the iPod touch, iPod nano, iPod classic and iPod shuffle, have infringed and continue
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`to infringe the patents—in- suit.
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`FIRST CAUSE OF ACTION
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`(Infringement of the ’075 Patent)
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`26. MMI repeats and realleges paragraphs 1 through 25 of its Complaint as
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`though fully set forth in this paragraph.
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`27. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’075 Patent.
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`28.
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`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
`
`3G and iPhone 3GS in violation of 35 U.S.C. § 271.
`
`29.
`
`Apple’s infringement of the ’O75 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`30.
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`As a result of Defendant’s patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
`
`infringing devices in the marketplace.
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`SECOND CAUSE OF ACTION
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`(Infringement of the ’078 Patent)
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`31. MMI repeats and realleges paragraphs 1 through 30 of its Complaint as
`
`though fully set forth in this paragraph.
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`32. MMI is the legal owner by assigmnent of all rights, title and interest in and
`
`to the Validly issued ’078 Patent.
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`33.
`
`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
`
`3G and iPhone 3GS in Violation of 35 U.S.C. § 271.
`
`34.
`
`Apple’s infringement of the ’078 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`35.
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`As a result of Defendant’s patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
`
`infringing devices in the marketplace.
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`THIRD CAUSE OF ACTION
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`(Infringement of the ’23l Patent)
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`36. MMI repeats and realleges paragraphs 1 through 35 of its Complaint as
`
`though fully set forth in this paragraph.
`
`37. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’231 Patent.
`
`38.
`
`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
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`3G and iPhone 3GS in Violation of 35 U.S.C. § 271.
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`39. Apple’s infringement of the ’23l Patent is willful and in deliberate
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`disregard of MMI’s rights under the patent.
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`40.
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`As a result of Defendant’s patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
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`infringing devices in the marketplace.
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`FOURTH CAUSE OF ACTION
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`(Infringement of the ’394 Patent)
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`41. MMI repeats and realleges paragraphs 1 through 40 of its Complaint as
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`though fully set forth in this paragraph.
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`42. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’394 Patent.
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`43.
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`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
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`3G and iPhone 3GS in violation of 35 U.S.C. § 271.
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`44. Apple’s infringement of the ’394 Patent is willful and in deliberate
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`disregard of MMI’s rights under the patent.
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`45.
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`As a result of Defendant’s patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
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`infringing devices in the marketplace.
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`FIFTH CAUSE OF ACTION
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`(Infringement of the ’390 Patent)
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`46. MMI repeats and realleges paragraphs 1 through 45 of its Complaint as
`
`though fully set forth in this paragraph.
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`47. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’390 Patent.
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`48.
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`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
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`3G and iPhone 3GS and personal media player model iPod touch in violation in violation of 35
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`U.S.C. § 271.
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`49.
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`Apple’s infringement of the ’390 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
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`50.
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`As a result of Defendant’s patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
`
`infringing devices in the marketplace.
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`SIXTH CAUSE OF ACTION
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`(Infringement of the ’068 Patent)
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`51. MMI repeats and realleges paragraphs 1 through 50 of its Complaint as
`
`though fully set forth in this paragraph.
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`52. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’068 Patent.
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`53. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
`
`3G and iPhone 3GS in violation of 35 U.S.C. § 271.
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`54.
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`Apple’s infringement of the ’068 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
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`55.
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`As a result of Defendant’s patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
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`infringing devices in the marketplace.
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`SEVENTH CAUSE OF ACTION
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`(Infringement of the ’43O Patent)
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`56.
`
`MMI repeats and realleges paragraphs 1 through 55 of its Complaint as
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`though fully set forth in this paragraph.
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`57.
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`MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’43O Patent.
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`58.
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`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone 3G
`
`and iPhone 3GS and personal media player models iPod touch, iPod nano, iPod classic and iPod
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`shuffle in violation of 35 U.S.C. § 271.
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`5 9.
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`Apple actively induces the infringement of this patent by providing step-
`
`by—step instructions of how to use the smartphones and personal media players in an infringing
`
`manner in connection with computers sold by Apple or others and using the iTunes software
`
`provided by Apple. These instructions are found (1) in the product instructions packaged with
`
`the smartphones and personal media players (“packaged instructions”), (2) the on—line product
`
`manuals found on Apple’s website and referenced by the packaged instructions, and (3) the
`
`iTunes help pages in the iTunes software, which may be downloaded from Apple’s website and
`
`are referenced by the on-line product manuals.
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`60.
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`At least since the February 22, 2010 actual notice of infringement, Apple
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`knew or should have known that the smartphones and/or personal media players would be used
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`in an infringing manner, and Apple intended to encourage this infringement and continues to do
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`so.
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`61. , Apple’s infringement of the ’430 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
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`62.
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`As a result of Defendant’s patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
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`infringing devices in the marketplace.
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`EIGHTH CAUSE OF ACTION
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`(Infringement of the ’828 Patent)
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`63. MMI repeats and realleges paragraphs 1 through 62 of its Complaint as
`
`though fully set forth in this paragraph.
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`64. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’828 Patent.
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`65.
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`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
`
`3G and iPhone 3GS and personal media player models iPod touch and iPod nano in violation of
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`35 U.S.C. § 271.
`
`66. Apple’s infringement of the ’828 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
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`67.
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`As a result of Defendant’s patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
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`infringing devices in the marketplace.
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`NINTH CAUSE OF ACTION
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`(Infringement of the ’080 Patent)
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`68. MMI repeats and realleges paragraphs 1 through 67 of its Complaint as
`
`though fully set forth in this paragraph.
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`69. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’080 Patent.
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`70. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
`
`3G and iPhone 3GS and personal media player models iPod touch, iPod nano, iPod classic and
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`iPod shuffle in violation of 35 U.S.C. § 271.
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`71. Apple actively induces the infringement of this patent by providing step-
`
`by-step instructions of how to use the smartphones and personal media players in an infringing
`
`manner in connection with computers sold by Apple or others and using the iTunes software
`
`provided by Apple. These instructions are found (1) in the packaged instructions, (2) the on-
`
`line product manuals found on Apple’s website and referenced by the packaged instructions,
`
`and (3) the iTunes help pages in the iTunes software, which may be downloaded from Apple’s
`
`website and are referenced by the on-line product manuals.
`
`72. At least since the February 22, 2010 actual notice of infringement, Apple
`
`knew or should have known that the smartphones and/or personal media players would be used
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`in an infringing manner, and Apple intended to encourage this infringement and continues to do
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`so.
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`73. Apple’s infringement of the ’080 Patent is willful and in deliberate
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`disregard of MMI’s rights under the patent.
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`74.
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`As a result of Defendant’s patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
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`infringing devices in the marketplace.
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`TENTH CAUSE OF ACTION
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`(Infringement of the ’942 Patent)
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`75. MMI repeats and realleges paragraphs 1 through 74 of its Complaint as
`
`though fully set forth in this paragraph.
`
`76. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’942 Patent.
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`77.
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`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
`
`3G and iPhone 3GS, personal media player models iPod touch, iPod nano and iPod classic, and
`
`docking stations, including but not limited to, the Apple Universal Dock, in Violation of 35
`
`U.S.C. § 271.
`
`78. Apple actively induces the infringement of this patent by providing step-
`
`by-step instructions of how to use the smartphones and personal media players in an infringing
`
`manner in connection with computers sold by Apple or others and using the iTunes software
`
`provided by Apple. These instructions are found (1) in the packaged instructions, (2) the on-
`
`line product manuals found on Apple’s website and referenced by the packaged instructions,
`
`and (3) the iTunes help pages in the iTunes software, which may be downloaded from Apple’s
`
`website and are referenced by the on-line product manuals.
`
`79.
`
`At least since the February 22, 2010 actual notice of infringement, Apple
`
`knew or should have known that the smartphones and/or personal media players would be used
`
`DB02:9442398.1
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`_ 13 _
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`0693511002
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`
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`Case 1:10-cv-00258-SLR Document 1 Filed 03/31/10 Page 14 of 18 PageID #: 14
`Case 1:10—cv—OO258—SLR Document 1 Filed 03/31/10 Page 14 of 18 Page|D #: 14
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`in an infringing manner, and Apple intended to encourage this infringement and continues to do
`
`so.
`
`80. Apple’s infringement of the ’942 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`81.
`
`As a result of Defendant’s patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
`
`infringing devices in the marketplace.
`
`ELEVENTH CAUSE OF ACTION
`
`(Infringement of the ’477 Patent)
`
`82. MMI repeats and realleges paragraphs 1 through 81 of its Complaint as
`
`though fully set forth in this paragraph.
`
`83. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’477 Patent.
`
`84. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
`
`3G and iPhone 3GS and personal media player model iPod touch in violation of 35 U.S.C.
`
`§ 271.
`
`85. Apple’s infringement of the ’477 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`86.
`
`As a result of Defendant’s patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
`
`infringing devices in the marketplace.
`
`DB02:9442398.l
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`_ 14 _
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`0693S3.1002
`
`
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`Case 1:10-cv-00258-SLR Document 1 Filed 03/31/10 Page 15 of 18 PageID #: 15
`Case 1:10—cv—OO258—SLR Document 1 Filed 03/31/10 Page 15 of 18 Page|D #: 15
`
`TWELFTH CAUSE OF ACTION
`
`(Infringement of the ’647 Patent)
`
`87. MMI repeats and realleges paragraphs 1 through 86 of its Complaint as
`
`though fully set forth in this paragraph.
`
`88. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’647 Patent.
`
`89.
`
`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing personal media player models
`
`iPod nano and iPod classic in violation of 35 U.S.C. § 271.
`
`90. Apple’s infringement of the ’647 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`91.
`
`As a result of Defendant’s patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
`
`infringing devices in the marketplace.
`
`THIRTEENTH CAUSE OF ACTION
`
`(Infringement of the ’0l2 Patent)
`
`92. MMI repeats and realleges paragraphs 1 through 91 of its Complaint as
`
`though fully set forth in this paragraph.
`
`93. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’0l2 Patent.
`
`94. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone models iPhone
`
`3G and iPhone 3GS in violation of 35 U.S.C. § 271.
`
`DB02:9442398.l
`
`..
`
`_
`
`0693531002
`
`
`
`Case 1:10-cv-00258-SLR Document 1 Filed 03/31/10 Page 16 of 18 PageID #: 16
`Case 1:10—cv—OO258—SLR Document 1 Filed 03/31/10 Page 16 of 18 Page|D #: 16
`
`95.
`
`Apple’s infringement of the ’0l2 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`96.
`
`As a result of Defendant’s patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
`
`infringing devices in the marketplace.
`
`FOURTEENTH CAUSE OF ACTION
`
`(Infringement of the ’239 Patent)
`
`97. MMI repeats and realleges paragraphs 1 through 96 of its Complaint as
`
`though fully set forth in this paragraph.
`
`98. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’239 Patent.
`
`99.
`
`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone model iPhone
`
`3GS in violation of35 U.S.C. § 271.
`
`100. Apple’s infringement of the ’239 Patent is willful and in deliberate
`
`disregard of MMl’s rights under the patent.
`
`101. As a result of Defendant’s patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Apple continues broadly distributing its
`
`infringing devices in the marketplace.
`
`WHEREFORE, MMI prays for judgment and seeks relief against Apple, as
`
`follows:
`
`(a)
`
`That the Court find and declare that Defendant is infringing each of the
`
`patents-in-suit in violation of 35 U.S.C. § 271;
`
`DB02:9442398.l
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`-15-
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`O69353.1002
`
`
`
`Case 1:10-cv-00258-SLR Document 1 Filed 03/31/10 Page 17 of 18 PageID #: 17
`Case 1:10—cv—OO258—SLR Document 1 Filed 03/31/10 Page 17 of 18 Page|D #: 17
`
`(b)
`
`That the Court find and declare that this infringement was and continues to
`
`be willful;
`
`(c)
`
`That the Court issue a permanent injunction against further infringement
`
`of the patents-in-suit pursuant to 35 U.S.C. § 283;
`
`(d)
`
`That the Court award Plaintiff damages adequate to compensate for the
`
`infringement of the patents-in-suit in an amount to be determined at trial, together with interest
`
`and costs as fixed by this Court; all of those damages to be enhanced in an amount up to treble
`
`the amount of compensatory damages as this Court finds proper, for example, due to Defendant’s
`
`willful infringement, as provided by 35 U.S.C. § 284;
`
`(e)
`
`That the Court find and declare this to be an exceptional case entitling
`
`Plaintiff to reasonable attorneys’ fees, costs, and disbursements pursuant to 35 U.S.C. § 285; and
`
`(1)
`
`That the Court grant Plaintiff such other and further relief as this Court
`
`may deem just and proper.
`
`DB02:9442398.1
`
`069353-1002
`
`..
`
`-
`
`
`
`Case 1:10-cv-00258-SLR Document 1 Filed 03/31/10 Page 18 of 18 PageID #: 18
`Case 1:10—cv—OO258—SLR Document 1 Filed 03/31/10 Page 18 of 18 Page|D #: 18
`
`YOUNG CONAWAY STARGATT
`
`& TAYLOR, LLP
`
`7/1/Uomir fig OUCOUK
`
`John W. Shaw (No. 3362)
`C. Barr Flinn (No. 4092)
`Michele Sherretta Budicak (No. 4651)
`Pilar G. Kraman (No. 5199)
`The Brandywine Building
`1000 West Street, 17th Floor
`Wilmington, Delaware 19801
`(302) 571-6600
`jshaw@ycst.com
`bflinn@ycst.com
`mbudicak@ycst.com
`pkraman@ycst.com
`
`OF COUNSEL:
`
`Garrard R. Beeney
`Adam R. Brebner
`
`SULLIVAN & CROMWELL LLP
`
`125 Broad Street
`
`New York, New York 10004
`(212) 558-4000
`
`Kenneth Rubenstein
`
`Evan L. Kahn
`
`PROSKAUER ROSE LLP
`
`15 85 Broadway
`New York, New York 10036
`(212) 969-3000
`
`Dated: March 31, 2010
`
`Attorneys for Plaintzfi’
`M0bz'ZeMedia Ideas LLC
`
`DB02:9442398.1
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`_ 13 _
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`0693 53.1002
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