Case 9:06-cv-00114-RC Document 7 Filed 06/27/06 Page 1 of 9 PageID #: 63
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF T EXAS
`L UFKIN DIVISION
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`APPLE COMPUTER, INC.,
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`Plaintiff,
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`V.
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`CREATIVE TECHNOLOGY LTD. and
`CREA TlVE LABS, INC.,
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`) CASE NO. 9:06-CV-0114-R.HC
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`) JURY T RIAL DEMANDED
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`________________________ )
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`Defendants.
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`PLAINTIFF APPLE COM PUTER. 1.'1/C.'S FIRST AMENDED COMPLAINT
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`FOR PATENT L'IFRL'I/GEMENT
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`THE PARTIES
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`I. Plaintiff Apple Computer, Inc. {"'Apple") is a corporation organized under the laws of
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`the State of California, having its principal place of business at One Infinite Loop, Cupertino,
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`California 95014. Apple manufactures and then sells computer hardware and software under
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`various brand names, portable d igital media players under the brand name iPod, and associated
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`software under the brand name iTunes, including in and around Luf.kin, Texas and elsewhere in
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`the Eastern District of Texas. Apple ow11S numerous patents in vari ous countries around the
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`world, including the United States, that relate to these products and components, as well as other
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`areas of technology. Apple sells, distributes, advertises and otTers for sale a wide variety of its
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`products, including products covered by one or more of the patents-in-suit, in Lufkin and
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`throughout this District, and has for some time.
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`2. Upon information and belief, Defendant Creative Technology Ltd. is a corporation
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`organized and existing under the laws of the country of Singapore, having its pri ncipal place of
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`Case 9:06-cv-00114-RC Document 7 Filed 06/27/06 Page 2 of 9 PageID #: 64
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`business at 31 International Business Park, Creative Resources, Singapore 609921. Upon
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`infonnation and belief, Defendant Creative Labs, Inc. is a corporation organized and existing
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`under the laws of the state of California, having its principal place of business at 1901 McCarthy
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`Boulevard, Milpitas, California 95035. Defendants Creative Teclmology Lld. and Creative Labs,
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`lnc. will hereafter be referred to collectively as "Creative." On infonnation and belief, Creative
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`develops and tests, and then sells, advertises, markets and distributes personal digital
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`entertainment products and products for personal computers, including portable media devices
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`and components thereof, including in and around Luikin, TX and in the Eastern District of
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`Texas.
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`J URlSDICTION
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`3. This is an action for patent infringement arising under the Patent Laws of the United
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`States, 35 U.S.C. §§ I et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C.
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`§§ 1331 and 1338.
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`4. This Court has personal jurisdiction over Creative because Creative has established
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`minimum contacts with the forum and the exercise of jurisdiction over Creative would not offend
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`traditional notions of fair play and substantial justice. On information and belief, Creative has
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`voluntarily conducted business and solicited customers in the State of Texas, including in
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`Lufkin, as well as elsewhere throughout the Eastern District of Texas. On infonnation and belief,
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`Creative sells, advertises, markets and distributes infringing personal digital entertainment
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`products and infringing products for personal computers in and around Lufkin and throughout
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`the Eastern District of Texas.
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`5. Creative has committed and continues to commit acts of patent infringement in
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`Lufkin, the Eastern District of Texas, elsewhere in the State of Texas and in the United States.
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`VEl\lJE
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`6. Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and/or 1400 because
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`Creative is subject to personal jurisdiction in the Eastern District of Texas. On infonnation and
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`belief, Creative has voluntarily conducted business and sold infringing products and/or products
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`Case 9:06-cv-00114-RC Document 7 Filed 06/27/06 Page 3 of 9 PageID #: 65
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`that perfonn infringing processes in Lufkin and throughout the Eastern District of Texas,
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`including selling, advertising, marketing and distributing
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`infringing personal digital
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`entertainment products and infringing products for personal computers in and around Lufkin,
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`Texas and in the Eastern District of Texas.
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`7. Creative has committed and continues to commit acts of patent infringement in
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`Lufkin and throughout the Eastern District of Texas.
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`OVERVIEW OF CREATfVE'S INFRNGEMENT
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`8.
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`Creative has infringed and continues tO infringe at least five Apple patents that
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`cover important aspects of personal computers, personal digital entertainment products, and
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`related software including (I) a patent that covers the editing of portable media device data on a
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`personal computer; (2) a patent directed to the creation and representation by icons of a file
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`organization structure on a computer system; (3) a patent involving unique methods and
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`apparatuses for displaying condensed data sets on a computer; ( 4) a patent generally directed to
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`various embodiments of a media device having a touc-h pad; and (5) a patent generally directed to
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`methods for reconfiguring a computer system to accommodate changes in a display environment.
`COU~T I - INFRINGEME ·r OF U.S. PATENT NO. 6,157,363
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`9.
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`United States Patent No. 6,157,363 ("'363 patent"), entitled "Methods and
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`Apparatus for Displaying Data," was duly and legally issued on December 5, 2000 to Dominic P.
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`Haine. Apple owns and has full rights to sue and recover damages for infringement of the '363
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`patent. A copy ofthe '363 patent is attached hereto as Exhibit I.
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`I 0.
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`The '363 patent is valid and enforceable.
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`II. Creative has infringed, and is still infringing, one or more claims of the '363
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`patent in at least this State and District by making, using, offering to sell, selling, and/or
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`importing products that infringe one or more of the claims of the '363 patent.
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`12.
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`Creative has also contributed to and/or induced, and continues to contribute to
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`and/or induce, the infringement of one or more claims of the ' 363 patent, in at least this State and
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`District.
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`13. On information and belief, Creati,·e·s infringement of one or more claims of the
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`'363 patent has taken place, and continues to take place, with full knowledge of the '363 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`14.
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`Creative's infringement of one or more claims of the '363 patent has injured
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`Apple, and Apple is entitled to recover damages adequate to compensate it for Creative's
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`infringement, w-hich in no event can be less than a reasonable royalty.
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`15.
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`Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the '363 patent, and Apple will continue to suffer damage
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`and irreparable injury unless and until the infringement by Creative is enjoined by this Court.
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`COUJ\'T II - INFRING.E!VrF.NT OF U.S. PATENT NO. 5,640.566
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`16.
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`United States Patent No. 5,640,566 ('"566 patent"), entitled "Method of Forming
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`an Editor," was duly and legally issued on June 17, 1997 to Kenneth E. Victor, et aL Apple
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`O"''llS and has full rights to sue and recover damages for infringement of the '566 patent A copy
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`of the '566 patent is attached hereto as Exhibit 2.
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`17.
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`18.
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`The '566 patent is valid and enforc-eable.
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`Creative has infringed, and is still infringing, one or more claims of the '566
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`patent in at least this State and District by making, using, offering to sell, selling, and/or
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`importing products that infringe one or more of the claims of the ' 566 patent.
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`19.
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`Creative has also contributed to and/or induced, and continues to contribute to
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`and/or induce, the infringement of one or more claims of the '566 patent, in at least this State and
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`District.
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`20. On infom1ation and belief, Creati,·e·s infringement of one or more claims of the
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`'566 patent has taken place, and continues to take place, with full knowledge of the · 566 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`21.
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`Creative's infringement of one or more claims of the '566 patent has injured
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`Apple, and Apple is entitled to recover damages adequate to compensate it for Creative's
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`infringement, which in no event can be less than a reasonable royalty.
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`22. Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the '566 patent, and Apple wi ll continue to suffer damage
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`and irreparable inj ury unless and until the infringement by Creative is enjoined by this Court.
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`COUNT Ill - INFRINGEMENT OF U.S. PATENT NO. 5,504,852
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`23. United States Patent No. 5,504,852 ('"852 patent"), entitled "Method for Creating
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`a Collection of Aliases Representing Computer System Files," was duly and legally issued on
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`April 2, !996 to John Thompson-Rohrlich. Apple owns and has full rights to sue and recover
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`damages for infringement of the ' 852 patenL A copy of the ' 852 patent is attached hereto as
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`Exhibit 3.
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`24.
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`The '852 paten t is valid and enforceable.
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`25. Creative has infringed, and is still infringing, one or more claims of the '852
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`patent in at least this State and District by making, using, offering to sell, selling, and/or
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`importing products that infringe one or more of the claims of the ' 852 patent.
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`26.
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`Creative has also contributed to and/or induced, and continues to contribute to
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`and/or induce, the infringement of one or more claims of the '852 patent, in at least this State and
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`District.
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`27. On information and belief, Creative's infringement of one or more claims of the
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`' 852 patent has taken place, and continues to take place, with fu ll knowledge of the '852 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`28.
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`Creative' s infringement of one or more claims of the '852 patent has injured
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`Apple, and Apple is enti tled to recover damages adequate to compensate it for Creatiw 's
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`infringement, which in no event can be less than a reasonable royalty.
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`29. Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the '852 patent, and Apple will continue to suffer damage
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`and irreparable injury unless and until the infringement by Creative is enjoined by this Court
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`COUNT IV - INFR JNG El\1E IT OF U.S. PATENT NO. 7,046,230
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`30. United States Patent No. 7,046,230 ('"230 patent"), entitled "Touch Pad
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`Case 9:06-cv-00114-RC Document 7 Filed 06/27/06 Page 6 of 9 PageID #: 68
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`Handheld Device," was duly and legally issued on May I 6, 2006 to inventors Stephen Paul
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`Zadesky and Tang Yew Tan. Apple O\~ns and has full rights to sue and recover damages for
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`infringement of the ' 230 patent. A copy of the '230 patent is attached hereto as Exhibit 4.
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`31.
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`32.
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`The '230 patent is valid and enforceable.
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`Creative has infringed, and is still infringing, one or more claims of the '230
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`patent in at least this State and District by making, using, offeri ng to sell, selling, and/or
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`importing products that infringe one or more of the claims of the '230 patent.
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`33.
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`Creative has also contributed to and/or induced, and continues to contribute to
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`and/or induce, the infringement of one or more claims of the '230 patent, in at least this State and
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`District.
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`34. On information and belief, Creative's infringement of one or more claims of the
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`'230 patent has taken place, and continues to take place, with full knowledge of the ' 230 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`35.
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`Creative's infringement of one or more claims of the '230 patent bas injured
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`Apple, and Apple is entitled to recover damages adequate to compensate it for Creative' s
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`infringement, which in no event can be less than a reasonable royalty.
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`36.
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`Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the '230 patent, and Apple will continue to suffer damage
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`and irreparable injury unless and until the infringement by Creative is enjoined by this Court.
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`COUNT V- INFRTNGEME T OF U.S. PATENT NO. 6,282,646
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`37. United States Patent No. 6,282,646 ("'646 patent"), entitled "System for Real-
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`Time Adaptation To Changes ln Display Configuration," was duly and legally issued on August
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`28, 2001, to inventors lan Hendry, Eric Anderson, and Fernando Urbina. Apple owns and has
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`full rights to sue and recover damages for infringement of the '646 patent. A copy of the '646
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`patent is attached hereto as Exhibit 5.
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`38. The '646 patent is valid and enforceable.
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`39.
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`Creative has infringed, and is still infringing, one or more claims of the '646
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`Case 9:06-cv-00114-RC Document 7 Filed 06/27/06 Page 7 of 9 PageID #: 69
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`patent in at least this State and District by making, using, offering to sell, selling, and/or
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`importing products that infringe one or more of the claims of the '646 patent.
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`40.
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`Creative has also contributed to and/or induced, and continues to contribute to
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`and/or induce, the infringement of one or more claims of the '646 patent, in at least this State and
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`District.
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`41.
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`On information and belief, Creative's infringement of one or more claims of the
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`'646 patent has taken place, and continues to take place, with full knowledge of the '646 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`42.
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`Creative's infringement of one or more claims of the '646 patent has injured
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`Apple, and Apple is entitled to recover damages adequate to compensate it for Creative's
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`infringement, which in no event can be less than a reasonable royalty.
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`43.
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`Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the ' 646 patent, and Apple will continue to suffer damage
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`and irreparable injury unless and until the infringement by Creative is enjoined by this Court.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff Apple respectfully requests that j udgment be entered in
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`favor of Apple and against Defendant Creative and prays that the Court grant the following relief
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`to Apple:
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`A.
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`A judgment that Creative has infringed, contributorily infringed, and/or induced
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`the infringement of the ' 363, '566, '852, '230, and '646 patents, and continues to
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`infringe, contribute to the infringement of, and/or induce the infringement of ' 363,
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`'566, '852, '230, and '646 patents;
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`B.
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`A judgment that Creative's infringement of the '363, '566, '852, '230, and ' 646
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`patents was willful, and continues to be \\~llful;
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`C.
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`Entry of a permanent injunction pursuam to 35 U.S.C. § 283 enjoining Creative,
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`its officers, directors, servants, consultants, managers, employees, agents,
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`attorneys, successors, assigns, affiliates, subsidiaries, and all persons in active
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`Case 9:06-cv-00114-RC Document 7 Filed 06/27/06 Page 8 of 9 PageID #: 70
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`concert or participation with any of them, from infringement, contributory
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`infringement, and inducement of infringement of the '363, '566, '852, '230, and
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`'646 patents, including but not limited to making, using, oll'ering to sell, selling, or
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`importing any products that infringe or products that perlonn the patented
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`processes set forth in the '363, '566, '852, '230, and '646 patents;
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`D.
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`An award of all damages adequate to compensate Apple for Creative's
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`infringement, contributory infringement, and/or inducement of infringement, such
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`damages to be detennined by a jury and, if necessary, an accounting of all
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`damages;
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`E.
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`An award of prejudgment and post-judgment interest to Apple pursuant to 35
`u.s.c. § 284;
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`F.
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`An award of increased damages in an amount not less than three times the amount
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`of damages awarded to Apple for Creative's willful infringement of the '363,
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`'566, '852, '230, and '646 patents pursuant to 35 U.S.C. § 284;
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`G.
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`A declaration that this case is exceptional under 35 U.S.C. § 285 and an award of
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`the reasonable attorneys' fees, costs, and expenses incurred by Apple in this
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`action; and
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`H.
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`Such other and further relief as this Court may deem just and proper.
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`JURY DEMAND
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`Apple hereby demands a trial by jury on all issues and claims so triable.
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`Case 9:06-cv-00114-RC Document 7 Filed 06/27/06 Page 9 of 9 PageID #: 71
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`DATED: June 27, 2006
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`/sf Clavton E. Dark. Jr.
`By:
`Clayton E. Dark, Jr.
`Texas State Bar No. 05384500
`Law Office of Clayton E. Dark, Jr.
`P.O. Box 2207
`Lufkin, TX 75902-2207
`(936) 637-1733
`Telephone:
`(936) 637-2897
`Facsimile:
`E-Mail:
`cekrad@yahoo.com
`
`Claude E. Welch
`Texas State Bar No. 21 120500
`Law Office of Claude E. Welch
`P.O. Box 1574
`Lufkin, TX 75902-1574
`Phone:
`(936) 639-331 1
`Fax:
`(936) 639-3049
`E-mail:
`welchlawofficc@consolidated.net
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`Of Counsel:
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`Robert G. Krupka, P.C.
`California State Bar No. !96625
`Marc H. Cohen
`California State Bar No. 168773
`Brian G. Arnold
`California State Bar No. 186007
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`K!R.KLAND & ELLIS LLP
`777 South Figueroa Street
`Los Angeles, California 90017
`Telephone:
`213 680-8400
`Facsimile:
`213 680-8500
`rkrupka@kirkland.com
`Email:
`mcohen@kirkland.com
`bamold@kirkland.com
`
`Counsel for Plaintiff
`APPLE COMPUTER, INC.
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