Case 1:10-cv-00389-LPS Document 1 Filed 05/10/10 Page 1 of 5 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`SOFTVIEW LLC,
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`Plaintiff,
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`v.
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`APPLE INC., and AT&T MOBILITY LLC, )
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`Defendants.
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`Civil Action No.
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`DEMAND FOR JURY TRIAL
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`)))))) ))
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff SoftView LLC ("SoftView"), by and through its undersigned counsel, for its
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`Complaint against Apple Inc. ("Apple") and AT&T Mobility LLC ("AT&T"), alleges as
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`follows:
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`NATURE OF THE ACTION
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`1.
`This is an action for patent infringement arising under the United States
`Patent Act, 35 U.S.C. § 101 et seq., including 35 U.S.C. § 271. This Court has subject
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`matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a) in that this is a civil action
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`arising out of the patent laws of the United States of America.
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`JURISDICTION AND VENUE
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`2.
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`This Court has personal jurisdiction over Apple and AT&T (collectively,
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`"Defendants"). On information and belief, Defendants have committed acts of infringement
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`in this District, regularly do and solicit business in Delaware, and have availed themselves
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`of the benefits and protections of Delaware law.
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`3.
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`Venue in this District is proper under 28 U.S.C. §§ 1391(c) and 1400(b)
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`because, among other reasons, Defendants are subject to personal jurisdiction in this District
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`900200.00001/40188372v.1
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`Motorola PX 1016_1
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`Case 1:10-cv-00389-LPS Document 1 Filed 05/10/10 Page 2 of 5 PageID #: 2
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`and have committed acts of infringement in this District, and AT&T is incorporated in this
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`District.
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`THE PARTIES
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`4.
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`SoftView is a Washington limited liability company with its principal place
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`of business at 112 Ohio St. Suite 202, Bellingham, Washington 98225.
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`5.
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`SoftView is informed and believes that Apple is a California corporation with
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`its principal place of business at 1 Infinite Loop, Cupertino, California 95014.
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`6.
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`SoftView is informed and believes that AT&T is a Delaware limited liability
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`company with its principal place of business at 5565 Glenridge Connector, Atlanta, Georgia
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`30342. AT&T is a wholly-owned subsidiary of AT&T Inc., a Delaware corporation with its
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`principal place of business at 208 S. Akard St., Dallas, Texas 75202. Its registered agent is
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`The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street,
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`Wilmington, Delaware 19801.
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`CLAIM FOR RELIEF
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`(Infringement of United States Patent No. 7,461,353)
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`7.
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`SoftView incorporates by reference paragraphs 1 through 6 of this Complaint
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`and realleges them as though fully set forth herein.
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`8.
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`On December 2, 2008, United States Patent No. 7,461,353, entitled "Scalable
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`Display of Internet Content on Mobile Devices" (the "'353 patent"), issued to Gary B.
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`Rohrabaugh and Scott A. Sherman. SoftView is the owner by assignment of the entire right,
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`title and interest in and to the '353 patent. A copy of the '353 patent is attached as Exhibit A.
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`9.
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`SoftView is informed and believes, and thereon alleges, that Apple, in
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`violation of 35 U.S.C. § 271, has been and is currently infringing the '353 patent by, among
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`other things, making, using, offering to sell, and selling in this judicial district and elsewhere
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`Motorola PX 1016_2
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`Case 1:10-cv-00389-LPS Document 1 Filed 05/10/10 Page 3 of 5 PageID #: 3
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`throughout the United States, without authority or license from SoftView, infringing
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`hardware and software products, including at least the iPhone and the iPod Touch, which
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`themselves include, without limitation, the Safari web browser (collectively, the "Accused
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`Products").
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`10.
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`SoftView is informed and believes, and thereon alleges, that AT&T, in
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`violation of 35 U.S.C. § 271(a), has been and is currently infringing the '353 patent by,
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`among other things, using, offering to sell and selling in this judicial district and elsewhere
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`throughout the United States, without authority or license from SoftView, infringing
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`hardware and software products, including at least the Accused Products.
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`11.
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`SoftView is informed and believes, and thereon alleges, that Defendants have
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`contributorily infringed and are currently contributorily infringing the '353 patent in
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`violation of 35 U.S.C. § 271(c), by selling or offering for sale to third parties, in this judicial
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`district and elsewhere throughout the United States, without license or authority from
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`SoftView, components that embody a material part of the inventions described in the '353
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`patent, are known by Defendants to be especially made or especially adapted for use in
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`infringement of the '353 patent, and are not staple articles or commodities suitable for
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`substantial, non-infringing use, including the Accused Products and their respective
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`components. SoftView is informed and believes, and thereon alleges, that these third parties
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`have infringed and will infringe the '353 patent, in violation of 35 U.S.C. § 271(a), by using
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`infringing software and hardware products, including some or all of the Accused Products
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`and their respective components.
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`12.
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`SoftView is informed and believes, and thereon alleges, that Defendants have
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`actively induced and are currently inducing the infringement of the '353 patent in violation
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`of 35 U.S.C. § 271(b), by knowingly and intentionally encouraging or aiding third parties to
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`Motorola PX 1016_3
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`use infringing software and hardware products in this judicial district and elsewhere
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`throughout the United States, without license or authority from SoftView, including at least
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`the Accused Products. SoftView is informed and believes, and thereon alleges, that these
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`third parties have infringed and will infringe the '353 patent in violation of 35 U.S.C. §
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`271(a) by using infringing software and hardware products, including some or all of the
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`Accused Products.
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`13.
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`SoftView is informed and believes, and thereon alleges, that Defendants'
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`infringement of the '353 patent has been and continues to be willful.
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`14.
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`Unless enjoined by this Court, Defendants will continue to infringe the '353
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`patent.
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`15.
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`As a direct and proximate result of Defendants' conduct, SoftView has
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`suffered and will continue to suffer irreparable injury, for which it has no adequate remedy
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`at law. SoftView has also been damaged and, until an injunction issues, will continue to be
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`damaged in an amount yet to be determined.
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`PRAYER FOR RELIEF
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`WHEREFORE, SoftView prays that the Court enter a judgment as follows:
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`For a judicial determination that the '353 patent is infringed by Defendants;
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`For a judicial determination that the '353 patent is valid and enforceable;
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`For a judicial determination that Defendants' infringement of the '353 patent
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`A.
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`B.
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`C.
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`is willful;
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`D.
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`For an order preliminarily and permanently enjoining Defendants, and their
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`directors, officers, employees, attorneys, agents, and all persons in active concert or
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`participation with any of the foregoing, from further acts of infringement of the '353 patent;
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`Motorola PX 1016_4
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`Case 1:10-cv-00389-LPS Document 1 Filed 05/10/10 Page 5 of 5 PageID #: 5
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`E.
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`For damages resulting from Defendants' infringement of the '353 patent and
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`the trebling of such damages because of the willful nature of Defendants' infringement;
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`F.
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`G.
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`For an assessment of interest on damages;
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`For a declaration that this case is exceptional pursuant to 35 U.S.C. § 285 and
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`an award of attorneys' fees and costs in this action; and
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`H.
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`For such other and further relief as this Court deems just and equitable.
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`DEMAND FOR JURY TRIAL
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`Plaintiff SoftView LLC demands jury trial on all issues.
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`BLANK ROME LLP
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`/s/ Steven L. Caponi
`By: ______________________________
`Steven L. Caponi (I.D. No. 3484)
`1201 Market Street, Suite 800
`Wilmington, DE 19801
`(302) 425-6400
`caponi@blankrome.com
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`Attorneys for SoftView LLC
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`OF COUNSEL:
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`Morgan Chu
`Samuel K. Lu
`Amir Naini
`Craig Johnson
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`(310) 277-1010
`mchu@irell.com; slu@irell.com; anaini@irell.com; cjohnson@irell.com
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`May 10, 2010
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`900200.00001/40188372v.1
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`- 5 -
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`Motorola PX 1016_5
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