Case 1:10-cv-00258-SLR-MPT Document 8 Filed 07/16/10 Page 1 of 20 PageID #: 357
`Case 1:10—cv—OO258—SLR—MPT Document 8 Filed 07/16/10 Page 1 of 20 Page|D #: 357
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`MOBILEMEDIA IDEAS LLC,
`
`V.
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`)
`
`3
`3
`l
`l
`
`Civil Action No. 10-258-SLR
`JURY TRIAL DEMANDED
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`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff MobileMedia Ideas LLC (“MMI”), by and through its undersigned
`
`attorneys, demands a trial by jury on all issues and hereby alleges as follows for its Amended
`
`Complaint against Defendant Apple Inc. (“Apple” or “Defendant”):
`
`PARTIES
`
`1.
`
`Plaintiff MMI is a limited liability company organized and existing under
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`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.
`
`2.
`
`Defendant Apple is a corporation organized and existing under the laws of
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`the State of California and has its principal place of business in Cupertino, California. Apple is
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`engaged in the design, manufacture, marketing and sale of, among other things, smartphone
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`devices, including but not limited to the iPhone 3G and iPhone 3Gs, personal media players,
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`including but not limited to the iPhone 3G, iPhone 3GS, iPod touch, iPod nano, iPod classic and
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`iPod shuffle, and tablet devices, including but not limited to the iPad Wi—Fi and iPad Wi—Fi +
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`YCST01:9927159.1
`
`0693511002
`
`

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`3G. Apple sells its devices throughout the United States and specifically in this district through
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`its retail location at 166 Christiana Mall, Newark, Delaware 19702.
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`JURISDICTION AND VENUE
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`3.
`
`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.
`
`4.
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`This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331
`
`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
`
`through sales at its retail store in Newark, Delaware, where Apple sells its infringing devices.
`
`Venue is therefore appropriate pursuant to 28 U.S.C. § l400(b) and 28 U.S.C. § 139l(c).
`
`SUMMARY OF CLAIMS
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`7.
`
`This is a patent infringement action brought by MMI against Defendant
`
`for Defendant’s infringement of MMI’s patents.
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`8.
`
`MMI owns all of the patents—in—suit and offers non-exclusive licenses
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`under the MMI patents.
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`9.
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`Defendant is infringing the patents—in—suit by, among other things, making,
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`importing, using, offering to sell and/or selling in the United States and in this judicial district
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`Defendant’s smartphone, personal media player and tablet products, which employ MMI
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`

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`patented 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
`
`manner. Defendant intended to encourage this infringement and continues to do so.
`
`FACTS
`
`Patents-In-Suit
`
`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
`
`rights to the ’075 Patent, a copy of which is attached hereto as Exhibit A.
`
`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
`
`card.” Plaintiff MMI owns and holds the rights to the ’078 Patent, a copy of which is attached
`
`hereto as Exhibit B.
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`13. 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.”
`
`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.
`
`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.
`
`15.
`
`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
`
`invention entitled “Text input device and method.” Plaintiff MMI owns and holds the rights to
`
`the ’390 Patent, a copy of which is attached hereto as Exhibit E.
`
`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 ’06 8 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
`
`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
`
`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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`

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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
`
`invention entitled “Method for creating, modifying, and playing a custom playlist, saved as a
`
`virtual CD, to be played by a digital audio/visual actuator device.” Plaintiff MMI owns and
`
`holds the rights to the ’080 Patent, a copy of which is attached hereto as Exhibit 1.
`
`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
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`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.
`
`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 1 1, 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
`
`attached hereto as Exhibit K.
`
`22.
`
`United States Patent No. 7,313,647 (the “’647 Patent”) was duly and
`
`legally issued on December 25, 2007 and was assigned to MMI on January 11, 2010 for an
`
`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.
`
`23. United States Patent No. 7,349,012 (the “’0l2 Patent”) was duly and
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`legally issued on March 25, 2008 and was assigned to MMI on January 1 1, 2010 for an
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`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.
`
`-5-
`
`

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`Case 1:10-cv-00258-SLR-MPT Document 8 Filed 07/16/10 Page 6 of 20 PageID #: 362
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`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
`
`entitled “Voice-controlled telecommunication terminal.” Plaintiff MMI owns and holds the
`
`rights to the ’239 Patent, a copy of which is attached hereto as Exhibit N.
`
`25. United States Patent No. 6,725,155 (the “’ 155 Patent”) was duly and
`
`legally issued on April 20, 2004 and was assigned to MMI on January 11, 2010 for an invention
`
`entitled “Method and apparatus for information processing, and medium for information
`
`processing.” Plaintiff MMI owns and holds the rights to the ’ 1 5 5 Patent, a copy of which is
`
`attached hereto as Exhibit 0.
`
`26.
`
`United States Patent No. 5,490,170 (the ‘"170 Patent”) was duly and
`
`legally issued on February 6, 1996 and was assigned to MMI on January 11, 2010 for an
`
`invention entitled “Coding apparatus for digital signal.” Plaintiff MMI owns and holds the
`
`rights to the ’ 170 Patent, a copy of which is attached hereto as Exhibit P.
`
`Notice to Defendant
`
`27.
`
`On February 22, 2010, Apple was notified by letter that its smartphone
`
`products, including the iPhone 3G and iPhone 3GS, and personal media player products,
`
`including the iPod touch, iPod nano, iPod classic and iPod shuffle, have infringed and continue
`
`to infringe the patents-in—suit.
`
`FIRST CAUSE OF ACTION
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`(Infringement of the ’075 Patent)
`
`28. MMI repeats and realleges paragraphs 1 through 27 of its Amended
`
`Complaint as though fully set forth in this paragraph.
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`

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`29. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’075 Patent.
`
`30. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, in violation of 35 U.S.C. § 271.
`
`31.
`
`Apple’s infringement of the ’O75 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`32.
`
`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.
`
`SECOND CAUSE OF ACTION
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`(Infringement of the ’078 Patent)
`
`33. MMI repeats and realleges paragraphs 1 through 32 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`34. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’078 Patent.
`
`35. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, in violation of 35 U.S.C. § 271.
`
`36.
`
`Apple’s infringement of the ’078 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`

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`37.
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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.
`
`THIRD CAUSE OF ACTION
`
`(Infringement of the ’23l Patent)
`
`38. MMI repeats and realleges paragraphs 1 through 37 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`39. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’23l Patent.
`
`40. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, in violation of 35 U.S.C. § 271.
`
`41. Apple’s infringement of the ’23l Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`42.
`
`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.
`
`FOURTH CAUSE OF ACTION
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`(Infringement of the ’394 Patent)
`
`43. MMI repeats and realleges paragraphs 1 through 42 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`44. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’394 Patent.
`
`

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`45. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, in violation of 35 U.S.C. § 271.
`
`46.
`
`Apple’s infringement of the ’394 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`47.
`
`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.
`
`FIFTH CAUSE OF ACTION
`
`(Infringement of the ’390 Patent)
`
`48. MMI repeats and realleges paragraphs 1 through 47 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`49. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’39O Patent.
`
`50.
`
`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, personal media player devices, including the iPod touch, and
`
`tablet devices, including the iPad Wi-Fi and iPad Wi-Fi + 3G, in violation in violation of 35
`
`U.S.C. § 271.
`
`51. Apple’s infringement of the ’390 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`

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`52.
`
`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.
`
`SIXTH CAUSE OF ACTION
`
`(Infringement of the ’068 Patent)
`
`53. MMI repeats and realleges paragraphs 1 through 52 of its Amended
`
`Complaint as though f11lly set forth in this paragraph.
`
`54. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’068 Patent.
`
`55. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, in violation of 35 U.S.C. § 271.
`
`5 6. Apple’s infringement of the ’068 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`57.
`
`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.
`
`SEVENTH CAUSE OF ACTION
`
`(Infringement of the ’43O Patent)
`
`58.
`
`MMI repeats and realleges paragraphs 1 through 5 7 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`5 9.
`
`MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’43O Patent.
`
`-10-
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`

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`60.
`
`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, personal media player devices, including the iPod touch, iPod
`
`nano, iPod classic and iPod shuffle, and tablet devices, including the iPad Wi-Fi and iPad Wi-F i
`
`+ 3G, in violation of 35 U.S.C. § 271.
`
`61.
`
`Apple actively induces the infringement of this patent by providing step-
`
`by-step instructions of how to use the smartphones, personal media players and tablets 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 in (1) the product instructions
`
`packaged with the smartphones, personal media players and tablets (“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.
`
`62.
`
`At least since the February 22, 2010 actual notice of infringement, Apple
`
`was aware of the existence of the ’430 Patent and its subject matter. Apple knew or should have
`
`known that the smartphones, personal media players and/or tablets would be used in an
`
`infringing manner, and Apple intended to encourage this infringement and continues to do so.
`
`63.
`
`Apple’s infringement of the ’430 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`64.
`
`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.
`
`-11-
`
`

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`EIGHTH CAUSE OF ACTION
`
`(Infringement of the ’828 Patent)
`
`65. MMI repeats and realleges paragraphs 1 through 64 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`66. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’828 Patent.
`
`67.
`
`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, personal media player devices, including the iPod touch and
`
`iPod nano, and tablet devices, including the iPad Wi-Fi and iPad Wi-Fi + 3G, in violation of 35
`
`U.S.C. § 271.
`
`68.
`
`Apple’s infringement of the ’828 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`69.
`
`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.
`
`NINTH CAUSE OF ACTION
`
`(Infringement of the ’080 Patent)
`
`70. MMI repeats and realleges paragraphs 1 through 69 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`71. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’O80 Patent.
`
`-12_
`
`

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`72.
`
`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, personal media player devices, including the iPod touch, iPod
`
`nano, iPod classic and iPod shuffle, and tablet devices, including the iPad Wi-Fi and iPad Wi-Fi
`
`+ 3G, in violation of35 U.S.C. § 271.
`
`73. Apple actively induces the infringement of this patent by providing step~
`
`by-step instructions of how to use the smartphones, personal media players and tablets 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 in (1) 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.
`
`74. At least since the February 22, 2010 actual notice of infringement, Apple
`
`was aware of the existence of the ’080 Patent and its subj ect matter. Apple knew or should
`
`have known that the smartphones, personal media players and/or tablets would be used in an
`
`infringing manner, and Apple intended to encourage this infringement and continues to do so.
`
`75. Apple’s infringement of the ’080 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`76.
`
`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.
`
`-13-
`
`

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`TENTH CAUSE OF ACTION
`
`(Infringement of the ’942 Patent)
`
`77. MMI repeats and realleges paragraphs 1 through 76 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`78. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’942 Patent.
`
`79. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, personal media player models, including the iPod touch, iPod
`
`nano and iPod classic, tablet devices, including the iPad Wi-Fi and iPad Wi-Fi + 3G, and
`
`docking stations, including the Apple Universal Dock, Apple iPad Dock and Apple iPad
`
`Keyboard Dock, in violation of 35 U.S.C. § 271.
`
`80.
`
`Apple actively induces the infringement of this patent by providing step-
`
`by-step instructions of how to use the smartphones, personal media players and tablets 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 in (1) 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.
`
`81. At least since the February 22, 2010 actual notice of infringement, Apple
`
`was aware of the existence of the ’942 Patent and its subject matter. Apple knew or should
`
`have known that the smartphones, personal media players and/or tablets would be used in an
`
`infringing manner, and Apple intended to encourage this infringement and continues to do so.
`
`-14_
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`

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`Case 1:10-cv-00258-SLR-MPT Document 8 Filed 07/16/10 Page 15 of 20 PageID #: 371
`Case 1:10—cv—OO258—SLR—MPT Document 8 Filed 07/16/10 Page 15 of 20 Page|D #: 371
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`82.
`
`Apple’s infringement of the ’942 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`83.
`
`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)
`
`84. MMI repeats and realleges paragraphs 1 through 83 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`85. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’477 Patent.
`
`86. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, and personal media player devices, including the iPod touch, in
`
`violation of35 U.S.C. § 271.
`
`87. Apple’s infringement of the ’477 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`88.
`
`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.
`
`-15-
`
`

`
`Case 1:10-cv-00258-SLR-MPT Document 8 Filed 07/16/10 Page 16 of 20 PageID #: 372
`Case 1:10—cv—OO258—SLR—MPT Document 8 Filed 07/16/10 Page 16 of 20 Page|D #: 372
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`TWELFTH CAUSE OF ACTION
`
`(Infringement of the ’647 Patent)
`
`89. MMI repeats and realleges paragraphs 1 through 88 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`90. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’647 Patent.
`
`91. 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
`
`devices, including the iPod nano and iPod classic, in violation of 35 U.S.C. § 271.
`
`92.
`
`Apple’s infringement of the ’647 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`93.
`
`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 ’O12 Patent)
`
`94. MMI repeats and realleges paragraphs 1 through 93 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`95. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’012 Patent.
`
`96.
`
`Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, in violation of 35 U.S.C. § 271.
`
`-16-
`
`

`
`Case 1:10-cv-00258-SLR-MPT Document 8 Filed 07/16/10 Page 17 of 20 PageID #: 373
`Case 1:10—cv—OO258—SLR—MPT Document 8 Filed 07/16/10 Page 17 of 20 Page|D #: 373
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`97.
`
`Apple’s infringement of the ’012 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`98.
`
`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)
`
`99. MMI repeats and realleges paragraphs 1 through 98 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`100. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’239 Patent.
`
`101. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3GS, in violation of 35 U.S.C. § 271.
`
`102. Apple’s infringement of the ’239 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`103. 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.
`
`FIFTEENTH CAUSE OF ACTION
`
`(Infringement of the ’155 Patent)
`
`104. MMI repeats and realleges paragraphs 1 through 103 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`-17-
`
`

`
`Case 1:10-cv-00258-SLR-MPT Document 8 Filed 07/16/10 Page 18 of 20 PageID #: 374
`Case 1:10—cv—OO258—SLR—MPT Document 8 Filed 07/16/10 Page 18 of 20 Page|D #: 374
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`105. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’l55 Patent.
`
`106. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, and tablet devices, including the iPad Wi—Fi + 3G, in violation
`
`of35 U.S.C. § 271.
`
`107. Apple’s infringement of the ’ 155 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`108. 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.
`
`SIXTEENTH CAUSE OF ACTION
`
`(Infringement of the ’ 170 Patent)
`
`109. MMI repeats and realleges paragraphs 1 through 108 of its Amended
`
`Complaint as though fully set forth in this paragraph.
`
`110. MMI is the legal owner by assignment of all rights, title and interest in and
`
`to the validly issued ’170 Patent.
`
`111. Apple has infringed and continues to infringe, directly or indirectly, this
`
`patent by making, using, selling, offering to sell and/or importing smartphone devices, including
`
`the iPhone 3G and iPhone 3GS, personal media player devices, including the iPod touch, iPod
`
`nano, iPod classic and iPod shuffle, and tablet devices, including the iPad Wi—Fi and iPad Wi—Fi
`
`+ 3G, in violation of35 U.S.C. § 271.
`
`-18..
`
`

`
`Case 1:10-cv-00258-SLR-MPT Document 8 Filed 07/16/10 Page 19 of 20 PageID #: 375
`Case 1:10—cv—OO258—SLR—MPT Document 8 Filed 07/16/10 Page 19 of 20 Page|D #: 375
`
`112. Apple’s infringement of the ’ 170 Patent is willful and in deliberate
`
`disregard of MMI’s rights under the patent.
`
`113. 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;
`
`(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
`
`(f)
`
`That the Court grant Plaintiff such other and further relief as this Court
`
`may deem just and proper.
`
`-19-
`
`

`
`Case 1:10-cv-00258-SLR-MPT Document 8 Filed 07/16/10 Page 20 of 20 PageID #: 376
`Case 1:10—cv—OO258—SLR—MPT Document 8 Filed 07/16/10 Page 20 of 20 Page|D #: 376
`
`YOUNG CONAWAY STARGATT
`
`& TAYLOR, LLP
`
`Qw
`
`John W. Shaw (No. 3362)
`C. Barr Flinn (No. 4092)
`Pilar G. Kraman (No. 5199)
`The Brandywine Building
`1000 West Street, 17th Floor
`Wilmington, Delaware 19801
`(302) 571-6600
`jshaw@ycst.com
`pkraman@ycst.com
`
`Garrard R. Beene