Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 1 of 15 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Civil Action No. 6:12-cv-855
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`JURY TRIAL DEMANDED
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`§
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`§§§
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`VIRNETX INC. and
`SCIENCE APPLICATIONS
`INTERNATIONAL CORPORATION
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`
`PLAINTIFFS,
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`
`vs.
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`APPLE INC.
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`
`DEFENDANT.
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`
`
`PLAINTIFF VIRNETX INC.’S AND PLAINTIFF SCIENCE APPLICATIONS
`INTERNATIONAL CORPORATION’S ORIGINAL COMPLAINT
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`
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`Plaintiff VirnetX Inc. (“VirnetX”) and Plaintiff Science Applications International
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`Corporation (“SAIC”) file this Original Complaint against Defendant Apple Inc. for patent
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`infringement under 35 U.S.C. § 271 and in support thereof would respectfully show the Court the
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`following:
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`THE PARTIES
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`1.
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`Plaintiff VirnetX is a corporation organized and existing under the laws of the
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`State of Delaware, and maintains its principal place of business at 308 Dorla Ct., Zephyr Cove,
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`NV 89448.
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`2.
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` Science Applications International Corporation (“SAIC”) is a corporation formed
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`under the laws of the state of Delaware with a principal place of business at 1710 SAIC Drive,
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`Mclean, Virginia 22102.
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`McKool 839569v1
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`PAGE 1
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`Page 1 of 15
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`VIRNETX EXHIBIT 2005
`Apple v. VirnetX
`Trial IPR2015-00187
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`

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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 2 of 15 PageID #: 2
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35, United States Code. This Court has exclusive subject matter jurisdiction
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`over this case for patent infringement under 28 U.S.C. § 1338.
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`4.
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`Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391 and
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`1400(b).
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`5.
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`This Court has personal jurisdiction over Defendant Apple. Apple has conducted
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`and does conduct business within the State of Texas. Apple, directly or through subsidiaries or
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`intermediaries (including distributors, retailers, and others), ships, distributes, offers for sale,
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`sells, and advertises (including the provision of an interactive web page) its products and/or
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`services in the United States, the State of Texas, and the Eastern District of Texas. Apple,
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`directly and through subsidiaries or intermediaries (including distributors, retailers, and others),
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`has purposefully and voluntarily placed one or more of its infringing products and/or services, as
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`described below, into the stream of commerce with the expectation that they will be purchased
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`and used by consumers in the Eastern District of Texas. These infringing products and/or
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`services have been and continue to be purchased and used by consumers in the Eastern District
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`of Texas. Apple has committed acts of patent infringement within the State of Texas and, more
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`particularly, within the Eastern District of Texas.
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`ASSERTED PATENTS
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`6.
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`On December 31, 2002, United States Patent No. 6,502,135 (“the ’135 patent”)
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`entitled “Agile Network Protocol for Secure Communications with Assured System Availability”
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`was duly and legally issued with Edmund Colby Munger, Douglas Charles Schmidt, Robert
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`Dunham Short, III, Victor Larson, Michael Williamson as the named inventors after full and fair
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`McKool 839569v1
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`PAGE 2
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`Page 2 of 15
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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 3 of 15 PageID #: 3
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`examination. VirnetX, together with SAIC, owns all rights, title, and interest in and to the ’135
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`patent1 and possesses all rights of recovery under the ’135 patent. A copy of the ’135 patent is
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`attached as Exhibit A.
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`7.
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`On August 26, 2008, United States Patent No. 7,418,504 (“the ’504 patent”)
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`entitled “Agile Network Protocol for Secure Communications Using Secure Domain Names”
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`was duly and legally issued with Victor Larson, Robert Dunham Short, III, Edmund Colby
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`Munger, and Michael Williamson as the named inventors after full and fair examination.
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`VirnetX, together with SAIC, owns all rights, title, and interest in and to the ’504 patent2 and
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`possesses all rights of recovery under the ’504 patent. A copy of the ’504 patent is attached as
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`Exhibit B.
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`8.
`
`On February 10, 2009, United States Patent No. 7,490,151 (“the ’151 patent”)
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`entitled “Establishment of a Secure Communication Link Based on a Domain Name Service
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`(DNS) Request” was duly and legally issued with Edmund Colby Munger, Robert Dunham
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`Short, III, Victor Larson, and Michael Williamson as the named inventors after full and fair
`
`examination. VirnetX, together with SAIC, owns all rights, title, and interest in and to the ’151
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`patent3 and possesses all rights of recovery under the ’151 patent. A copy of the ’151 patent is
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`attached as Exhibit C.
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`9.
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`On April 5, 2011, United States Patent No. 7,921,211 (“the ’211 patent”) entitled
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`“Agile Network Protocol for Secure Communications Using Secure Domain Names” was duly
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`and legally issued with Victor Larson, Robert Dunham Short, III, Edmund Colby Munger, and
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`
`1 SAIC maintains an equity interest and review rights related to the ’135 patent.
`2 SAIC maintains an equity interest and review rights related to the ’504 patent.
`3 SAIC maintains an equity interest and review rights related to the ’151 patent.
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 4 of 15 PageID #: 4
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`Michael Williamson as the named inventors after full and fair examination. VirnetX, together
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`with SAIC, owns all rights, title, and interest in and to the ’211 patent4 and possesses all rights of
`
`recovery under the ’211 patent. A copy of the ’211 patent is attached as Exhibit D.
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`COUNT ONE
`PATENT INFRINGEMENT BY APPLE
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`10.
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`VirnetX incorporates by reference paragraphs 1-9 as if fully set forth herein. As
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`described below, Apple has infringed and/or continues to infringe the ’135, ’151, ’504, and ’211
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`patents.
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`11.
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`At least Apple’s servers and other Apple computers that support the VPN On
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`Demand functionality, when configured and operating in a system as specified by Apple, and
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`Apple’s iPhone 5, iPod Touch 5th Generation, iPad 4th Generation, iPad mini, and all Apple
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`computers/hardware associated with the operation of the Mountain Lion operating system, when
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`configured and operating in a system as specified by Apple, infringe at least system claims 10
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`and 12 of the ’135 patent. Apple makes and/or uses these systems and thus directly infringes at
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`least claims 10 and 12 of the ’135 patent.
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`12.
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`The use of at least Apple’s servers and other Apple computers that support the
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`VPN On Demand functionality, when configured and operating in a system as specified by
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`Apple, and Apple’s iPhone 5, iPod Touch 5th Generation, iPad 4th Generation, iPad mini, and all
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`Apple computers/hardware associated with the operation of the Mountain Lion operating system
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`as intended by Apple infringes at least method claims 1, 3, 7, 8, and 9 of the ’135 patent. Apple
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`uses these products and thus directly infringes at least claims 1, 3, 7, 8, and 9 of the ’135 patent.
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`4 SAIC maintains an equity interest and review rights related to the ’211 patent.
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`13.
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`In addition, Apple provides at least its iPhone 5, iPod Touch 5th Generation, iPad
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`4th Generation, iPad mini, and all Apple computers/hardware associated with the operation of
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`the Mountain Lion operating system to others, such as resellers and end-user customers, in the
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`United States who, in turn, use these products to infringe at least claims 1, 3, 7, 8, 9, 10, and 12
`
`of the ’135 patent.
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`14.
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`Apple indirectly infringes by inducing infringement by others, such as resellers
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`and end-user customers, in accordance with 35 U.S.C. § 271(b), because Apple actively induces
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`infringement of the ’135 patent by others, such as resellers and end-user customers.
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`15.
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`Apple indirectly infringes the ’135 patent by contributing to infringement by
`
`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c), because
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`Apple offers to sell or sells within the United States a component of a patented machine,
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`manufacture, combination, or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention, knowing the same to be especially
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`made or especially adapted for use in an infringement of such patent, and not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use.
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`16.
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`At least Apple’s servers and other Apple computers that support the VPN On
`
`Demand functionality, when configured and operating in a system as specified by Apple, and
`
`Apple’s iPhone 5, iPod Touch 5th Generation, iPad 4th Generation, iPad mini, and all Apple
`
`computers/hardware associated with the operation of the Mountain Lion operating system
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`infringe at least apparatus claims 1 and 6 of the ’151 patent. Apple makes, uses, sells, offers for
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`sale, imports, exports, imports, supplies, and/or distributes within and from the United States
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`these products and thus directly infringes at least claims 1 and 6 of the ’151 patent.
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 6 of 15 PageID #: 6
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`17.
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`At least Apple’s servers and other Apple computers that support the VPN On
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`Demand functionality, and iPhone 5, iPod Touch 5th Generation, iPad 4th Generation, iPad mini,
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`and all Apple computers/hardware associated with the operation of the Mountain Lion operating
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`system, as well as Apple’s servers, master discs, and other media that store, cache, or distribute
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`iPhone OS, infringe at least computer readable media claims 7, 12, and 13 of the ’151 patent.
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`Apple makes, uses, sells, offers for sale, imports, exports, imports, supplies, and/or distributes
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`within and from the United States these products and media and thus directly infringes at least
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`claims 7, 12 and 13 of the ’151 patent.
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`18.
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`In addition, Apple provides at least its iPhone 5, iPod Touch 5th Generation, iPad
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`4th Generation, iPad mini, and all Apple computers/hardware associated with the operation of
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`the Mountain Lion operating system to others, and media that store, cache, or distribute iPhone
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`OS to others, such as resellers and end-user customers, in the United States who, in turn, use
`
`these products to infringe at least claims 1, 6, 7, 12, and 13 of the ’151 patent.
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`19.
`
`Apple indirectly infringes the ‘151 patent by inducing infringement by others,
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`such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(b), because Apple
`
`actively induces infringement of the ’151 patent by others, such as resellers and end-user
`
`customers.
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`20.
`
`Apple indirectly infringes the ’151 patent by contributing to infringement by
`
`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c), because
`
`Apple offers to sell or sells within the United States a component of a patented machine,
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`manufacture, combination, or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention, knowing the same to be especially
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 7 of 15 PageID #: 7
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`made or especially adapted for use in an infringement of such patent, and not a staple article or
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`commodity of commerce suitable for substantial non-infringing use.
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`21.
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`At least Apple’s servers and other Apple computers that support the FaceTime
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`functionality and/or the iMessage functionality, when configured and operating in a system as
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`specified by Apple, and Apple’s iPhone 5, iPod Touch 5th Generation, iPad 4th Generation, iPad
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`mini, and all Apple computers/hardware associated with the operation of the Mountain Lion
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`operating system, infringe at least system claims 1, 2, 5, 6, 14-23, 26-28, and 33-35 of the ’504
`
`patent. Apple makes and/or uses these systems and thus directly infringes at least claims 1, 2, 5,
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`6, 14-23, 26-28, and 33-35 of the ’504 patent.
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`22.
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`At least Apple’s servers and other Apple computers that support the FaceTime
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`functionality and/or the iMessage functionality, as well as Apple’s servers, master discs, and
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`other media that store, cache, or distribute iPhone OS, when configured and operating in a
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`system as specified by Apple, and Apple’s iPhone 5, iPod Touch 5th Generation, iPad 4th
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`Generation, iPad mini, and all Apple computers/hardware associated with the operation of the
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`Mountain Lion operating system, and Apple computers running Apple’s FaceTime for Mac
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`application and/or iMessage, infringe at least machine readable medium claims 36-47, 49-52,
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`and 57-59 of the ’504 patent. Apple makes, uses, sells, offers for sale, exports, imports, supplies,
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`and/or distributes within and from the United States these products and media and thus directly
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`infringes at least claims 36-47, 50-52, and 57-59 of the ’504 patent.
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`23.
`
`The use of at least Apple’s servers and other Apple computers that support the
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`FaceTime functionality and/or iMessage functionality, when configured and operating in a
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`system as specified by Apple, and Apple’s iPhone 5, iPod Touch 5th Generation, iPad 4th
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`Generation, iPad mini, and all Apple computers/hardware associated with the operation of the
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 8 of 15 PageID #: 8
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`Mountain Lion operating system, as intended by Apple infringes at least method claim 60 of the
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`’504 patent. Apple uses these products and thus directly infringes at least claim 60 of the ’504
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`patent.
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`24.
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`In addition, Apple provides at least its iPhone 5, iPod Touch 5th Generation, iPad
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`4th Generation, iPad mini, and all Apple computers/hardware associated with the operation of
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`the Mountain Lion operating system to others, and media that store, cache, or distribute iPhone
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`OS to others, such as resellers and end-user customers, in the United States who, in turn, use
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`these products to infringe at least claims 1, 2, 5, 6, 14-23, 26-28, 33-47, 50-52, and 57-60 of the
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`’504 patent.
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`25.
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`Apple indirectly infringes the ’504 patent by inducing infringement by others,
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`such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(b), because Apple
`
`actively induces infringement of the ’504 patent by others, such as resellers and end-user
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`customers.
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`26.
`
`Apple indirectly infringes the ’504 patent by contributing to infringement by
`
`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c), because
`
`Apple offers to sell or sells within the United States a component of a patented machine,
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`manufacture, combination, or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention, knowing the same to be especially
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`made or especially adapted for use in an infringement of such patent, and not a staple article or
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`commodity of commerce suitable for substantial non-infringing use.
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`27.
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`At least Apple’s servers and other Apple computers that support the FaceTime
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`functionality and/or iMessage functionality, when configured and operating in a system as
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`specified by Apple, and Apple’s iPhone 5, iPod Touch 5th Generation, iPad 4th Generation, iPad
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 9 of 15 PageID #: 9
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`mini, and all Apple computers/hardware associated with the operation of the Mountain Lion
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`operating system, infringe at least system claims 1, 2, 5, 6, 14-23, 26-28, and 33-35 of the ’211
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`patent. Apple makes and/or uses these systems and thus directly infringes at least claims 1, 2, 5,
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`6, 14-23, 26-28, and 33-35 of the ’211 patent.
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`28.
`
`At least Apple’s servers and other Apple computers that support the FaceTime
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`functionality and/or iMessage functionality, as well as Apple’s servers, master discs, and other
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`media that store, cache, or distribute iPhone OS, when configured and operating in a system as
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`specified by Apple, and Apple’s iPhone 5, iPod Touch 5th Generation, iPad 4th Generation, iPad
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`mini, and all Apple computers/hardware associated with the operation of the Mountain Lion
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`operating system, infringe at least non-transitory machine readable medium claims 36-47, 49-52,
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`and 57-59 of the ’211 patent. Apple makes, uses, sells, offers for sale, exports, imports, supplies,
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`and/or distributes within and from the United States these products and media and thus directly
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`infringes at least claims 36-47, 50-52, and 57-59 of the ’211 patent.
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`29.
`
`The use of at least Apple’s servers and other Apple computers that support the
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`FaceTime functionality and/or iMessage functionality, when configured and operating in a
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`system as specified by Apple, and Apple’s iPhone 5, iPod Touch 5th Generation, iPad 4th
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`Generation, iPad mini, and all Apple computers/hardware associated with the operation of the
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`Mountain Lion operating system, as intended by Apple infringes at least method claim 60 of the
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`’211 patent. Apple uses these products and thus directly infringes at least claim 60 of the ’211
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`patent.
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`30.
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`In addition, Apple provides at least its iPhone 5, iPod Touch 5th Generation, iPad
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`4th Generation, iPad mini, and all Apple computers/hardware associated with the operation of
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`the Mountain Lion operating system to others, and media that store, cache, or distribute iPhone
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`Page 9 of 15
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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 10 of 15 PageID #: 10
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`
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`OS to others, such as resellers and end-user customers, in the United States who, in turn, use
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`these products to infringe at least claims 1, 2, 5, 6, 14-23, 26-28, 33-47, 50-52, and 57-60 of the
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`’211 patent.
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`31.
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`Apple indirectly infringes the ’211 patent by inducing infringement by others,
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`such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(b), because Apple
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`actively induces infringement of the ’211 patent by others, such as resellers and end-user
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`customers.
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`32.
`
`Apple indirectly infringes the ’211 patent by contributing to infringement by
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`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c), because
`
`Apple offers to sell or sells within the United States a component of a patented machine,
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`manufacture, combination, or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention, knowing the same to be especially
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`made or especially adapted for use in an infringement of such patent, and not a staple article or
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`commodity of commerce suitable for substantial non-infringing use.
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`33.
`
`Apple has infringed and/or continues to infringe one or more claims of the ’135,
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`’151, ’504, and ’211 patents as set forth above. Apple is liable for direct infringement, as well as
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`indirect infringement by way of inducement and/or contributory infringement, for the ’135, ’151,
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`’504, and ’211 patents pursuant to 35 U.S.C. § 271 (a), (b), (c), and/or (f) as set forth above. For
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`VirnetX’s claims of indirect infringement, Apple’s resellers, consultants, and end-user customers
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`are direct infringers of the ’135, ’151, ’504, and ’211 patents.
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`34.
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`Apple’s acts of infringement have caused damage to VirnetX. VirnetX is entitled
`
`to recover from Apple the damages sustained by VirnetX as a result of Apple’s wrongful acts in
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`an amount subject to proof at trial. In addition, the infringing acts and practices of Apple have
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`caused, are causing, and, unless such acts and practices are enjoined by the Court, will continue
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`to cause immediate and irreparable harm to VirnetX for which there is no adequate remedy at
`
`law, and for which VirnetX is entitled to injunctive relief under 35 U.S.C. § 283.
`
`35.
`
`Apple has received actual notice of infringement prior to this lawsuit, including at
`
`least through a previous case against Apple. (VirnetX Inc. v. Cisco Inc., 6:10-cv-417 (E.D. Tex.).
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`Apple has also received constructive notice as VirnetX marks its products in compliance with 35
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`U.S.C. § 287.
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`36.
`
`Apple has willfully infringed and/or does willfully infringe the ’135, ’151, ’504,
`
`and ’211 patents.
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`DEMAND FOR JURY TRIAL
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`VirnetX hereby demands a jury for all issues so triable.
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`
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`PRAYER FOR RELIEF
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`
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`WHEREFORE, VirnetX prays for the following relief:
`
`1.
`
`A judgment that Apple has directly infringed the ’135 patent, contributorily
`
`infringed the ’135 patent, and/or induced the infringement of the ’135 patent;
`
`2.
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`A judgment that Apple has directly infringed the ’504 patent, contributorily
`
`infringed the ’504 patent, and/or induced the infringement of the ’504 patent;
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`3.
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`A judgment that Apple has directly infringed the ‘211 patent, contributorily
`
`infringed the ‘211 patent, and/or induced the infringement of the ‘211 patent;
`
`4.
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`A judgment that Apple has directly infringed the ’151 patent, contributorily
`
`infringed the ’151 patent, and/or induced the infringement of the ’151 patent;
`
`5.
`
`A preliminary and permanent injunction preventing Apple and its respective
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`officers, directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 12 of 15 PageID #: 12
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`those in active concert or participation with any of them, from directly infringing, contributorily
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`infringing, and/or inducing the infringement of the ’135 patent;
`
`6.
`
`A preliminary and permanent injunction preventing Apple and its respective
`
`officers, directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
`
`those in active concert or participation with any of them, from directly infringing, contributorily
`
`infringing, and/or inducing the infringement of the ’504 patent;
`
`7.
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`A preliminary and permanent injunction preventing Apple and its respective
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`officers, directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
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`those in active concert or participation with any of them, from directly infringing, contributorily
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`infringing, and/or inducing the infringement of the ’211 patent;
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`8.
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`A preliminary and permanent injunction preventing Apple and its respective
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`officers, directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and
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`those in active concert or participation with any of them, from directly infringing, contributorily
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`infringing, and/or inducing the infringement of the ’151 patent;
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`9.
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`A judgment that Apple’s infringement of the ’135, ’504, ’211, and ’151 patents
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`has been willful;
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`10.
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`A ruling that this case be found to be exceptional under 35 U.S.C. § 285, and a
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`judgment awarding VirnetX to its attorneys’ fees incurred in prosecuting this action;
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`11.
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`A judgment and order requiring Apple to pay VirnetX damages under 35 U.S.C. §
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`284, including supplemental damages for any continuing post-verdict infringement up until entry
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`of the final judgment, with an accounting, as needed, and treble damages for willful infringement
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`as provided by 35 U.S.C. § 284;
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`McKool 839569v1
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`Case 6:12-cv-00855-LED Document 1 Filed 11/06/12 Page 13 of 15 PageID #: 13
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`12.
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`A judgment and order requiring Apple to pay VirnetX the costs of this action
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`(including all disbursements);
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`13.
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`A judgment and order requiring Apple to pay VirnetX pre-judgment and post-
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`judgment interest on the damages awarded;
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`14.
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`A judgment and order requiring that in the event a permanent injunction
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`preventing future acts of infringement is not granted, that VirnetX be awarded a compulsory
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`ongoing licensing fee; and
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`15.
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`Such other and further relief as the Court may deem just and proper.
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`DATED: November 6, 2012
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` Respectfully submitted,
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`McKOOL SMITH, P.C.
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`/s/ Douglas A. Cawley
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`Douglas A. Cawley, Lead Attorney
`Texas State Bar No. 04035500
`E-mail: dcawley@mckoolsmith.com
`Bradley W. Caldwell
`Texas State Bar No. 24040630
`E-mail: bcaldwell@mckoolsmith.com
`Jason D. Cassady
`Texas State Bar No. 24045625
`E-mail: jcassady@mckoolsmith.com
`John Austin Curry
`Texas State Bar No. 24059636
`E-mail: acurry@mckoolsmith.com
`Daniel R. Pearson
`Texas State Bar No. 24070398
`Email: dpearson@mckoolsmith.com
`Stacie L. Greskowiak
`Texas State Bar No. 24074311
`E-mail: sgreskowiak@mckoolsmith.com
`Mitchell R. Sibley
`Texas State Bar No. 24073097
`Email: msibley@mckoolsmith.com
`MCKOOL SMITH, P.C.
`300 Crescent Court, Suite 1500
`Dallas, Texas 75201
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`
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`Telephone: (214) 978-4000
`Telecopier: (214) 978-4044
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`Sam F. Baxter
`Texas State Bar No. 01938000
`E-mail: sbaxter@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 East Houston, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Telecopier: (903) 923-9099
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`Robert M. Parker
`Texas State Bar No. 15498000
`Email: rmparker@pbatyler.com
`R. Christopher Bunt
`Texas State Bar No. 00787165
`Email: rcbunt@pbatyler.com
`Andrew T. Gorham
`Texas Bar No. 24012715
`Email: tgorham@pbatyler.com
`PARKER, BUNT & AINSWORTH, P.C.
`100 East Ferguson, Suite 1114
`Tyler, Texas 75702
`Telephone: (903) 531-3535
`Telecopier: (903) 533-9687
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`ATTORNEYS FOR PLAINTIFF
`VIRNETX INC.
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`McKool 839569v1
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`Andy Tindel
` /s/
`Andy Tindel
`State Bar No. 20054500
`E-mail: atindel@andytindel.com
`PROVOST UMPHREY
`112 E Line, Suite 304
`Tyler, Texas 75702
`Telephone: (903) 596-0900
`Facsimile: (903) 596-0909
`Donald Urrabazo
`Email: donaldu@ulawgroup.com
`URRABAZO LAW, P.C.
`2029 Century Park East, Suite 1370
`Los Angeles, CA 90067
`Telephone: (310) 388-9099
`Facsilimle: (310) 388-9088
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`ATTORNEYS FOR PLAINTIFF
`SCIENCE APPLICATIONS
`INTERNATIONAL CORPORATION
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`PLAINTIFFS’ ORIGINAL COMPLAINT
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`McKool 839569v1
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