Case: 3:06-cv-00263-bbc Document #: 4 Filed: 05/17/06 Page 1 of 10
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WISCONSIN
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`CASE NO. 06-C-0263-C_____
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`JURY TRIAL DEMANDED
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`APPLE COMPUTER, INC.,
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`Plaintiff,
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`v.
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`CREATIVE LABS, INC.,
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`Defendant.
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Apple Computer, Inc. (“Apple”) for its First Amended Complaint against
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`Creative Labs, Inc. (“Creative”), hereby demands a jury trial and alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff Apple is a corporation organized under the laws of the State of
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`California, having its principal place of business at One Infinite Loop, Cupertino, California
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`95014. Apple manufactures and sells computer hardware and software under various brand
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`names, portable digital media players under the brand name iPod, and associated software under
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`the brand name iTunes. Apple owns numerous patents in various countries around the world,
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`including the United States, that relate to these products and components, as well as other areas
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`of technology.
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`2.
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`On information and belief, Defendant Creative is a corporation organized and
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`existing under the laws of the state of California, having its principal place of business at 1901
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`McCarthy Boulevard, Milpitas, California 95035. On information and belief, Creative develops,
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`tests, sells, markets and distributes personal digital entertainment products and products for
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`personal computers, including portable media devices and components thereof.
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`1
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`NATURE OF THE ACTION
`This is an action for patent infringement under 35 U.S.C. §§ 271 et seq.
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`3.
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`JURISDICTION
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`4.
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`This Court has exclusive subject matter jurisdiction pursuant to 28 U.S.C.
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`§§ 1331 and 1338 because this action arises under the Patent Laws of the United States,
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`including 35 U.S.C. § 271 et seq. This Court has personal jurisdiction over Creative because
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`Creative has established minimum contacts with the forum and the exercise of jurisdiction over
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`Creative would not offend traditional notions of fair play and substantial justice. On information
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`and belief, Creative has voluntarily conducted business and solicited customers in the State of
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`Wisconsin. Creative has committed and continues to commit acts of patent infringement in the
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`Western District of Wisconsin.
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`VENUE
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`5.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400 because
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`Creative is subject to personal jurisdiction in this District. On information and belief, Creative
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`has voluntarily conducted business and sold patented products and/or products that perform
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`patented processes in the Western District of Wisconsin. Creative has committed and continues
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`to commit acts of patent infringement in the Western District of Wisconsin.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 5,479,602
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`6.
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`United States Patent No. 5,479,602 (“’602 patent”), entitled “Content-Based
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`Depictions Of Computer Icons,” was duly and legally issued on December 26, 1995 to Ronald
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`M. Baecker, et al. Apple owns and has full rights to sue and recover damages for infringement
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`of the ’602 patent. A copy of the ’602 patent is attached hereto as Exhibit 1.
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`7.
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`8.
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`The ’602 patent is valid and enforceable.
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`Creative has infringed, and is still infringing, one or more claims of the ’602
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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 ’602 patent.
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`9.
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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 ’602 patent, in at least this State and
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`District.
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`10. On information and belief, Creative’s infringement of one or more claims of the
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`’602 patent has taken place, and continues to take place, with full knowledge of the ’602 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`11. Creative’s infringement of one or more claims of the ’602 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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`12. Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the ’602 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 II – INFRINGEMENT OF U.S. PATENT NO. 5,586,237
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`13. United States Patent No. 5,586,237 (“’237 patent”), entitled “Method For
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`Generating And Displaying Content-Based Depictions Of Computer Generated Objects,” was
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`duly and legally issued on December 17, 1996 to Ronald M. Baecker, et al. Apple owns and has
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`full rights to sue and recover damages for infringement of the ’237 patent. A copy of the ’237
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`patent is attached hereto as Exhibit 2.
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`14.
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`The ’237 patent is valid and enforceable.
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`15. Creative has infringed, and is still infringing, one or more claims of the ’237
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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 ’237 patent.
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`16. 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 ’237 patent, in at least this State and
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`District.
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`17. On information and belief, Creative’s infringement of one or more claims of the
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`’237 patent has taken place, and continues to take place, with full knowledge of the ’237 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`18. Creative’s infringement of one or more claims of the ’237 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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`19. Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the ’237 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 III – INFRINGEMENT OF U.S. PATENT NO. 5,898,434
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`20. United States Patent No. 5,898,434 (“’434 patent”), entitled “User Interface
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`System Having Programmable User Interface Elements,” was duly and legally issued on April
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`27, 1999 to Ian S. Small, et al. Apple owns and has full rights to sue and recover damages for
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`infringement of the ’434 patent. A copy of the ’434 patent is attached hereto as Exhibit 3.
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`21.
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`The ’434 patent is valid and enforceable.
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`22. Creative has infringed, and is still infringing, one or more claims of the ’434
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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 ’434 patent.
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`23. 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 ’434 patent, in at least this State and
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`District.
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`24. On information and belief, Creative’s infringement of one or more claims of the
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`’434 patent has taken place, and continues to take place, with full knowledge of the ’434 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`25. Creative’s infringement of one or more claims of the ’434 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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`26. Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the ’434 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 – INFRINGEMENT OF U.S. PATENT NO. 6,731,312
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`27. United States Patent No. 6,731,312 (“’312 patent”), entitled “Media Player
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`Interface,” was duly and legally issued on May 4, 2004 to Jeff Robbin. Apple owns and has full
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`rights to sue and recover damages for infringement of one or more claims of the ’312 patent. A
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`copy of the ’312 patent is attached hereto as Exhibit 4.
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`28.
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`The ’312 patent is valid and enforceable.
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`29. Creative has infringed, and is still infringing, one or more claims of the ’312
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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 ’312 patent.
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`30. 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 ’312 patent, in at least this State and
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`District.
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`31. On information and belief, Creative’s infringement of one or more claims of the
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`’312 patent has taken place, and continues to take place, with full knowledge of the ’312 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`32. Creative’s infringement of one or more claims of the ’312 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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`33. Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the ’312 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 – INFRINGEMENT OF U.S. PATENT NO. 5,341,293
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`34. United States Patent No. 5,341,293 (“’293 patent”), entitled “User Interface
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`System Having Programmable User Interface Elements,” was duly and legally issued on August
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`23, 1994 to Laurie Vertelney, et al. Apple owns and has full rights to sue and recover damages
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`for infringement of one or more claims of the ’293 patent. A copy of the ’293 patent is attached
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`hereto as Exhibit 5.
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`35.
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`The ’293 patent is valid and enforceable.
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`36. Creative has infringed, and is still infringing, one or more claims of the ’293
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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 ’293 patent.
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`37. 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 ’293 patent, in at least this State and
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`District.
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`38. On information and belief, Creative’s infringement of one or more claims of the
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`’293 patent has taken place, and continues to take place, with full knowledge of the ’293 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`39. Creative’s infringement of one or more claims of the ’293 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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`40. Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the ’293 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 VI – INFRINGEMENT OF U.S. PATENT NO. 6,047,342
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`41. United States Patent No. 6,047,342 (“’342 patent”), entitled “PC Processing Card
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`For Decoding Operations,” was duly and legally issued on April 4, 2000 to John Depew. Apple
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`owns and has full rights to sue and recover damages for infringement of one or more claims of
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`the ’342 patent. A copy of the ’342 patent is attached hereto as Exhibit 6.
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`42.
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`The ’342 patent is valid and enforceable.
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`43. Creative has infringed, and is still infringing, one or more claims of the ’342
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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 ’342 patent.
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`44. 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 ’342 patent, in at least this State and
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`District.
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`45. On information and belief, Creative’s infringement of one or more claims of the
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`’342 patent has taken place, and continues to take place, with full knowledge of the ’342 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`46. Creative’s infringement of one or more claims of the ’342 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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`47. Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the ’342 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 VII – INFRINGEMENT OF U.S. PATENT NO. 5,799,280
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`48. United States Patent No. 5,799,280 (“’280 patent”), entitled “Recording Method
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`and Apparatus and Audio Data User Interface,” was duly and legally issued on August 25, 1998
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`to Leo Degen, et al. Apple owns and has full rights to sue and recover damages for infringement
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`of one or more claims of the ’280 patent. A copy of the ’280 patent is attached hereto as Exhibit
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`7.
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`49.
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`The ’280 patent is valid and enforceable.
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`50. Creative has infringed, and is still infringing, one or more claims of the ’280
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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 ’280 patent.
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`51. 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 ’280 patent, in at least this State and
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`District.
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`52. On information and belief, Creative’s infringement of one or more claims of the
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`’280 patent has taken place, and continues to take place, with full knowledge of the ’280 patent
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`and has been, and continues to be, willful, deliberate, and intentional.
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`53. Creative’s infringement of one or more claims of the ’280 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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`54. Creative has caused Apple substantial damage and irreparable injury by its
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`infringement of one or more claims of the ’280 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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`judgment be entered in favor of Apple and against Defendant Creative Labs, Inc., and prays that
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`WHEREFORE, Plaintiff Apple Computer, Inc. respectfully requests that
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`the Court grant the following relief 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 ’602, ’237, ’434, ’312, ‘293, ‘342, and ‘280 patents, and
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`continues to infringe, contribute to the infringement of, and/or induce the
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`infringement of the ’602, ’237, ’434, ’312 , ‘293, ‘342, and ‘280 patents;
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`B.
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`A judgment that Creative’s infringement of the ’602, ’237, ’434, ’312, ‘293, ‘342,
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`and ‘280 patents was willful, and continues to be willful;
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`C.
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`Entry of a permanent injunction pursuant 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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`concert or participation with any of them, from infringement, contributory
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`infringement, and inducement of infringement of the ’602, ’237, ’434, ’312, ‘293,
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`‘342, and ‘280 patents, including but not limited to making, using, offering to sell,
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`selling, or importing any products that infringe or products that perform the
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`patented processes set forth in the ’602, ’237, ’434, ’312, ‘293, ‘342, and ‘280
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`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 determined 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
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`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 ’602,
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`’237, ’434, ’312, ‘293, ‘342, and ‘280 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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`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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`H.
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`Case: 3:06-cv-00263-bbc Document #: 4 Filed: 05/17/06 Page 10 of 10
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`Respectfully Submitted,
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` /s/ Marc A. Cameli
`Marc A. Cameli
`REINHART BOERNER VAN DEUREN S.C.
`1000 North Water Street
`P.O. Box 2965
`Milwaukee, WI 53201-2965
`Telephone: 414 298-1000
`Facsimile:
`414 298-8097
`E-Mail:
`mcameli@reinhartlaw.com
`
`Bryan K. Nowicki
`REINHART BOERNER VAN DEUREN S.C.
`22 East Mifflin Street
`P.O. Box 2018
`Madison, WI 53701-2018
`Telephone:
`608-229-2218
`Facsimile:
`608-229-2100
`E-Mail:
`bnowicki@reinhartlaw.com
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`Counsel for Plaintiff
`APPLE COMPUTER, INC.
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`DATED: May 17, 2006
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`Of Counsel:
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`Robert G. Krupka, P.C.
`KIRKLAND & ELLIS LLP
`200 E. Randolph Drive
`Chicago, Illinois 60601
`Telephone: 312-861-2000
`Facsimile:
`312-861-2200
`Email:
`rkrupka@kirkland.com
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`Robert G. Krupka, P.C. (Ca. SBN 196625)
`Marc H. Cohen (Ca. SBN 168773)
`Brian G. Arnold (Ca. SBN 186007)
`KIRKLAND & ELLIS LLP
`777 South Figueroa Street
`Los Angeles, California 90017
`Telephone:
`213 680-8400
`Facsimile:
`213 680-8500
`Email:
`rkrupka@kirkland.com
`
`
`mcohen@kirkland.com
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`
`barnold@kirkland.com
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