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`Case 4:06-cv-03218-SBA Document 1-1 Filed 05/15/06 Page 1 of 45
`
`McDERMOTT WILL & EMERY LLP
`TERRENCE P. MCMAHON (State Bar No. 71910)
`tmcmahon@mwe.com
`LUCY H. KOH (State Bar No. 187848)
`lkoh@mwe.com
`CATHERINE SHIANG (State Bar No. 218086)
`cshiang@mwe.com
`3150 Porter Drive
`Palo Alto, CA 94304
`Telephone:
`(650) 813-5000
`Facsimile:
`(650) 813-5100
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`McDERMOTT WILL & EMERY LLP
`MARK G. DAVIS
`mdavis@mwe.com
`JOHN R. FUISZ
`jfuisz@mwe.com
`STEPHEN K. SHAHIDA
`sshahida@mwe.com
`600 Thirteenth Street, N.W., 12th Floor
`Washington, DC 20005
`Telephone:
`(202) 756-8000
`Facsimile:
`(202) 756-8087
`
`Attorneys for Plaintiff
`Creative Technology Ltd .
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`CREATIVE TECHNOLOGY LTD.,
`a Singapore Corporation,
`
`Plaintiff,
`
`c00-9-- 0321A
`8
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`v.
`
`DEMAND FOR JURY TRIAL
`
`APPLE COMPUTER, INC.,
`a California Corporation,
`
`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`CASE NO.
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`Case 4:06-cv-03218-SBA Document 1-1 Filed 05/15/06 Page 2 of 45
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`Plaintiff Creative Technology Ltd. hereby pleads the following claim for patent
`
`infringement against Defendant Apple Computer, Inc. ("Defendant"), and alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Creative Technology Ltd. is a Singapore corporation with its principal
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`place of business located at 31 International Business Park, Creative Resource, Singapore
`
`609921.
`
`Its wholly owned subsidiary, Creative Labs, Inc., is a California corporation with its
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`principal place of business located at 1901 McCarthy Boulevard, Milpitas, CA 95035.
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`2.
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`Creative Technology Ltd. and Creative Labs, Inc. (collectively, "Creative") are
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`leading global suppliers of digital entertainment products. Creative was one of the first
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`companies to invest in the research, development and commercialization of portable digital media
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`players, commonly known as MP3 players.
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`3.
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`On information and belief, Defendant Apple Computer, Inc. is a Californi~
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`Corporation with its principal place of business located at 1 Infinite Loop, Cupertino, CA 95014.
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`4.
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`On information and belief, Defendant makes, sells, offers for sale in the United
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`States, and/or imports into the United States, portable digital media players.
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`JURISDICTION AND VENUE
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`5.
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`This is a civil action for willful patent infringement arising under the patent laws
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`of the United States, 35 U.S.C. § 1 et seq. This Court has subject matter jurisdiction ofthis action
`
`under 28 U.S.C. §§ 1331 and 1338(a).
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`6.
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`Venue is proper in this district under 28 U.S.C. §§ 1391(b), 1391(c) and
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`1400(b) because, among other reasons, Defendant is subject to personal jurisdiction m this
`
`judicial district and has committed acts of willful infringement in this judicial district.
`
`7.
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`On information and belief, Defendant has placed infringing devices into the stream
`
`of commerce by shipping those products into this judicial district or knowing that the devices
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`would be shipped into this judicial district, and such products have been used and sold in this
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`judicial district.
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`COMPLAINT FOR PATENT INFRINGEMENT
`
`CASE NO.
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`Case 4:06-cv-03218-SBA Document 1-1 Filed 05/15/06 Page 3 of 45
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`INTRADISTRICT ASSIGNMENT
`
`8.
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`This intellectual property action belongs to the excepted categories under Civil
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`Local Rule 3-2( c). Thus, this action should be assigned on a district-wide basis.
`
`THE PATENT
`
`9.
`
`On August 9, 2005, United States Letters Patent No. 6,928,433 entitled
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`"Automatic Hierarchical Categorization of Music by Metadata" (the "'433 Patent") was duly and
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`legally issued to Creative Technology Ltd. Since that date, Creative Technology Ltd. has been
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`and continues to be the owner of the entire right, title and interest in and to the '433 Patent. A
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`true and correct copy of the '433 Patent is attached hereto as Exhibit 1 and incorporated herein.
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`FIRST CAUSE OF ACTION
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`(Infringement of U.S. Patent No. 6,928,433)
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`10.
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`11.
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`Paragraphs 1 through 9 are incorporated by reference as if fully stated herein.
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`Defendant has infringed, and is currently infringing, the '433 Patent, in violation
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`of 35 U.S.C. § 271 et seq. (including Sections (a), (b), (c) and (f)), directly, indirectly,
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`contributorily, and by inducement of and action with others, regarding making, using, selling,
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`offering to sell in the United States, and/or importing into the United States products that embody
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`the patented invention, including, without limitation, the iPod, iPod Nano, and iPod Mini.
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`Defendant has had actual notice and knowledge of the '433 Patent.
`
`12.
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`Defendant induces infringement of the '433 Patent by actively inducing its
`
`customers in the U.S. to operate iPods, iPod Nanos and iPod Minis in direct infringement of the
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`'433 Patent. Defendant engages in those acts despite its actual notice and knowledge of the '433
`
`Patent.
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`13.
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`The iPods, iPod Nanos and iPod Minis sold by Defendant are specifically
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`configured to access and display music loaded by the user in ways that infringe the '433 Pate!lt:
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`The iPods, iPod Nanos and iPod Minis are not staple articles of commerce, and Defendant knows
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`or should know that those players have no substantial non-infringing uses. Defendant engages in
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`those acts despite its actual notice and knowledge ofthe '433 Patent.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`2
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`CASE NO.
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`2
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`3
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`Case 4:06-cv-03218-SBA Document 1-1 Filed 05/15/06 Page 4 of 45
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`14.
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`Defendant's infringement of the
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`'433 Patent has been and 1s willful and
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`intentional. This is an exceptional case pursuant to 35 U.S.C. § 285.
`
`15.
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`Creative has been injured and damaged by Defendant's infringement of the '433
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`Patent. Defendant's infringement has caused, and will continue to cause, irreparable harm to
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`Creative, for which Creative has no adequate remedies at law, unless and until enjoined by this
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`Court.
`
`RELATED ACTION
`
`16.
`
`On May 15, 2006, Creative filed a Complaint against Defendant under Section 33:7
`
`of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, before the U.S. International Trade
`
`Commission. The Complaint is based on the unlawful importation into the U.S., the sale for
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`importation, and/or the sale within the U.S. after importation, by Defendant and others on behalf
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`of Defendant, of portable digital media players (e.g., iPods, iPod Nanos and iPod Minis) that
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`infringe the '433 Patent. A true and correct copy of the public version of the Complaint is
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`attached hereto as Exhibit 2.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Creative Technology Ltd. prays for a judgment as follows:
`
`A.
`
`B.
`
`C.
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`That Defendant has infringed the '433 Patent;
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`That Defendant's infringement of the '433 Patent is willful;
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`That Defendant, its officers, agents, servants, employees, directors, attorneys, an9
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`all persons in active concert or participation with any of them, and their successors and assigns be
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`21
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`preliminarily and permanently enjoined from infringement of the '433 Patent under 35 U.S.C.
`
`§ 283;
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`D.
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`That Creative Technology Ltd. be awarded all damages adequate to compensat~
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`Creative Technology Ltd. for Defendant's infringement of the '433 Patent, and that such damages
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`be trebled under 35 U.S.C. § 284 and awarded to Creative Technology Ltd. with prejudgment
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`interest;
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`COMPLAINT FOR PATENT INFRINGEMENT
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`3
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`CASE NO.
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`4
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`

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`Case 4:06-cv-03218-SBA Document 1-1 Filed 05/15/06 Page 5 of 45
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`E.
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`That this case be adjudged an exceptional case under 35 U.S.C. § 285, and that
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`Creative Technology Ltd. be awarded its attorneys' fees, costs, and expenses incurred in this
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`action; and
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`F.
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`That Creative Technology Ltd. be awarded such other and further relief as the
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`Court deems just and proper.
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`2
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`3
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`4
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`5
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`6 Dated: May 15, 2006
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`Respectfully submitted,
`
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`McDERMOTT WILL & EMERY LLP
`
`Attorneys for Plaintiff Creative Technology Ltd.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`4
`
`CASE NO.
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`5
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`

`

`Case 4:06-cv-03218-SBA Document 1-1 Filed 05/15/06 Page 6 of 45
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`DEMAND FOR JURY TRIAL
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure and Civil Local Rule 3-
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`6(a), Plaintiff Creative Technology Ltd. demands a jury trial on all issues so triable.
`
`Dated: May 15, 2006
`
`McDERMOTT WILL & EMERY LLP
`
`By~
`
`tellce P~ChOn
`
`Attorneys for Plaintiff Creative Technology Ltd.
`
`MPK 108363-3.065985.0014
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`5
`
`CASE NO.
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