UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`§ § § §
`§ § § § § §
`
`COMPLAINT
`
`Civil Action No. 6:21-cv-531
`
`MemoryWeb, LLC, Plaintiff,
` vs.
`Apple, Inc.,
`Defendant.
`Plaintiff MemoryWeb, LLC (“Plaintiff” or “MemoryWeb”) by its attorneys, as and for
`its Complaint against Defendant Apple, Inc. (“Defendant” or “Apple”) states and alleges as
`follows:
`1.
`This is an action for patent infringement arising under the patent laws of the
`United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. §§ 271, 281, 283, 284 and 285.
`2.
`MemoryWeb is a corporation existing and organized under the laws of the
`state of Illinois. MemoryWeb has its principal place of business at 526 Crescent Blvd. Suite
`233, Glen Ellyn, Illinois.
`3.
`Apple is a corporation existing and organized under the laws of the State of
`California. Apple has its principal place of business at One Apple Park Way Cupertino,
`California. Apple maintains one or more regular and established places of business in the
`Western District of Texas, including at least at: 3121 Palm Way, Austin, Texas; 2901 S.
`
`Jury Trial Demanded
`
`NATURE OF THE ACTION
`
`THE PARTIES
`
`1
`
`Petitioner Apple Inc. - Ex. 1023, p. 1
`
`
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`§ § § §
`§ § § § § §
`
`COMPLAINT
`
`Civil Action No. 6:21-cv-531
`
`MemoryWeb, LLC, Plaintiff,
` vs.
`Apple, Inc.,
`Defendant.
`Plaintiff MemoryWeb, LLC (“Plaintiff” or “MemoryWeb”) by its attorneys, as and for
`its Complaint against Defendant Apple, Inc. (“Defendant” or “Apple”) states and alleges as
`follows:
`1.
`This is an action for patent infringement arising under the patent laws of the
`United States, 35 U.S.C. § 1 et seq., including 35 U.S.C. §§ 271, 281, 283, 284 and 285.
`2.
`MemoryWeb is a corporation existing and organized under the laws of the
`state of Illinois. MemoryWeb has its principal place of business at 526 Crescent Blvd. Suite
`233, Glen Ellyn, Illinois.
`3.
`Apple is a corporation existing and organized under the laws of the State of
`California. Apple has its principal place of business at One Apple Park Way Cupertino,
`California. Apple maintains one or more regular and established places of business in the
`Western District of Texas, including at least at: 3121 Palm Way, Austin, Texas; 2901 S.
`
`Jury Trial Demanded
`
`NATURE OF THE ACTION
`
`THE PARTIES
`
`1
`
`Petitioner Apple Inc. - Ex. 1023, p. 1
`
`
`
`JURISDICTION AND VENUE
`
`Capital of Texas Hwy., Austin, Texas; 12535 Riata Vista Circle and 5501 West Parmer Lane,
`Austin, Texas; 8401 Gateway Boulevard West, El Paso, Texas; 15900 La Cantera Parkway,
`San Antonio, Texas; and 7400 San Pedro Ave., San Antonio, Texas. Apple may be served
`with process through its registered agent in the state of Texas: CT Corporation, 1999 Bryan
`Street, Suite 900, Dallas, Texas 75201.
`4.
`This action arises under the patent laws of the United States of America, Title
`35 of the United States Code. Accordingly, this Court has jurisdiction over the subject
`matter of this action under 28 U.S.C. §§ 1331 and 1338.
`5.
`This Court has personal jurisdiction over Apple under the United States
`Constitution, the laws of the State of Texas, including Texas’s long-arm statute, and the
`Federal Rules of Civil Procedure. Apple has sufficient minimum contacts with this District,
`through at least its places of business at the addresses identified above, its acts of
`infringement within this District, and has continuously and systematically solicited and
`transacted business in this District such that this Court has personal jurisdiction over
`Apple. 6.
`Apple is registered to do business in the State of Texas.
`7.
`Venue is proper in this District under 28 U.S.C. § 1391 and 28 U.S.C. §
`1400(b) because Apple has one or more regular and established places of business within
`this District and has committed acts of infringement in the District directly or indirectly—
`including through subsidiaries or intermediaries such as distributors, retailers, and
`contract manufacturers; by conducting its business extensively throughout the District by
`shipping, manufacturing, distributing, offering for sale, selling, and advertising infringing
`
`
`
`2
`
`Petitioner Apple Inc. - Ex. 1023, p. 2
`
`
`
`products (including the associated software and operating systems) and services which
`practice one or more claimed methods in the Asserted Patents (“Accused
`Instrumentalities”); and by purposefully and voluntarily placing Accused Instrumentalities
`into this District and into the stream of commerce with the intention and expectation that
`they will be purchased and used in an infringing manner by consumers in this District. On
`information and belief, Apple also uses Accused Instrumentalities in this District.
`8.
`Apple markets, sells, and offers to sell Accused Instrumentalities to actual
`and potential customers and end-users located in the District including through its
`operation of retail stores in the District. Retail Apple Stores in this District include at least
`the following locations: 3121 Palm Way, Austin, Texas; 2901 S. Capital of Texas Hwy.,
`Austin, Texas; 8401 Gateway Boulevard West, El Paso, Texas; 15900 La Cantera Parkway,
`San Antonio, Texas; and 7400 San Pedro Ave., San Antonio, Texas. Ex. 5.
`9.
`Apple also authorizes numerous third parties to sell infringing products in
`this District and advertises these locations on its website. For example, there are at least
`99 Apple Shops in Austin, Texas authorized by Apple to sell iPhone and iPad products and
`at least 33 Apple Shops in Austin, Texas authorized by Apple to sell Mac products. Ex. 6; Ex.
`7. There are at least 99 Apple Shops in San Antonio, Texas authorized by Apple to sell
`iPhone and iPad products and at least 28 Apple Shops in San Antonio, Texas authorized by
`Apple to sell Mac products. Ex. 8; Ex. 9. There are at least 99 Apple Shops in Waco, Texas
`authorized by Apple to sell iPhone and iPad products and at least 48 Apple Shops in Waco,
`Texas authorized by Apple to sell Mac products. Ex. 10; Ex. 11.
`
`
`
`3
`
`Petitioner Apple Inc. - Ex. 1023, p. 3
`
`
`
`On information and belief, Apple has derived substantial revenue from
`10.
`infringing acts in the Western District of Texas, including from the sale and use of Accused
`Instrumentalities.
`11.
`Apple employs thousands employees in this District in a variety of capacities,
`including at least the manufacturing of one or more Accused Instrumentalities, such as the
`Mac Pro product. Ex. 12. As of November 2019, Apple employed approximately 7,000
`employees in this District and had invested over $200 million in its Austin facility. Id.
`Apple’s website lists hundreds of job openings in Austin and the Austin metro area,
`including in the software and services, design, operations and supply chain, marketing, and
`sales and business development teams. Ex. 13.
`12.
`On or around November 20, 2019, Apple announced that it had broken
`ground on a new $1 billion, 3 million square foot campus in Austin that will start with
`5,000 new employees and is anticipated to grow to as many as 15,000 employees. Ex. 12.
`Upon completion, Apple’s Austin facility will be its second-largest campus in the world
`outside of its Cupertino headquarters.
`13.
`Apple is planning to build a 192-room hotel as part of its Austin campus,
`which appears scheduled for completion in 2022. Ex. 14. On information and belief, Apple
`intends for Apple employees traveling to Austin for business to stay at this hotel.
`14.
`There is significant local interest in this District due to Apple’s long-standing
`relationship with and presence in the Austin area. Apple is one of the largest private
`employers in this District and is the largest private employer in Austin, Texas. On
`information and belief, Apple has or will receive millions of dollars in incentives in this
`District from state and local governments in exchange for its investments and continued
`
`4
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 4
`
`
`
`BACKGROUND
`
`MemoryWeb’s Innovative Technology
`
`employment of individuals in this District, including taxpayer-funded grants from the Texas
`Enterprise Fund and a significant property tax cut from Williamson County. On
`information and belief, Apple would not have invested in and expanded its presence in this
`District, including its manufacturing of certain Accused Instrumentalities, without these
`taxpayer-funded incentives.
`15. MemoryWeb was founded in 2014 by Christopher J. Desmond, Nancy L.
`Desmond, and L. Michael Taylor (“the Founders”).
`16.
`The Founders were avid curators of photographs, possessing stockpiles of
`digital and print photographs that they wanted to preserve and share (e.g., family photos
`and photos from other memorable events in their lives). The Founders recognized that the
`then-available technology was not able to manage, organize, and display their photos and
`related information in efficient and intuitive ways.
`17.
`Recognizing the drawbacks and limitations on prior attempts to manage,
`organize, and display digital photographs and related information, the Founders set out to
`develop an application that, among other things, would allow users to explore their
`libraries of photos using a variety of methodologies for more efficient digital file
`
`
`
`5
`
`Petitioner Apple Inc. - Ex. 1023, p. 5
`
`
`
`organization and displaying digital files using intuitive views, such as a location view and a
`people view.
`18.
`The Founders chose the name “MemoryWeb” for their solution in recognition
`of the fact that memories are not just represented by photos alone, but by a web of
`information interconnecting those photos.
`19.
`The MemoryWeb application was launched in October 2016 and is presently
`available as a web application or as a native application for the Apple iOS and Android
`operating system platforms.
`20.
`The MemoryWeb application organizes and displays photos and related
`information using a variety of intuitive views, such as a “Location view” and a “People
`view.” For example, as shown in the images below, the MemoryWeb application can group
`photos by location using thumbnail images displayed on an interactive map.
`
`The map is interactive in that a user can, among other things, “zoom-in” or
`21.
`“zoom-out” to view photographs at a particular location on the geographic map. For
`
`
`
`6
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 6
`
`
`
`example, as shown in the images below, a user can zoom-in to expand the map towards a
`particular in Europe, for example.
`
`
`By selecting one of the thumbnail images on the interactive map, the user can
`22.
`navigate to a location view including the location name and the photographs taken at that
`location, for example, as shown in the image below.
`
`The MemoryWeb application also organizes and displays photos and related
`23.
`information in an intuitive manner based on the people in the photos. The MemoryWeb
`application utilizes facial recognition technology to automatically identify people in
`
`7
`
`
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 7
`
`
`
`photographs. An exemplary People View including thumbnail images and person names is
`shown in the image below.
`
`
`24.
`By clicking one of the thumbnail images associated with a particular
`individual, the user can navigate to a “Person view” including images of the selected
`person.
`
`
`
`8
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 8
`
`
`
`The Asserted Patents
`
`A.
`
`U.S. Patent No. 9,552,376
`
`B.
`
`25. MemoryWeb’s efforts in developing innovative digital file organization and
`display technology has resulted in the issuance of six issued U.S. patents (including the
`patents asserted in this Complaint), with additional patents pending.
`26. MemoryWeb asserts four patents in this Complaint for patent infringement:
`U.S. Patent No. 9,552,376, U.S. Patent No. 10,423,658, U.S. Patent No. 10,621,228, and U.S.
`Patent No. 11,017,020. These patents are collectively referred to the “Asserted Patents”
`herein. 27. MemoryWeb is presently the owner of the entire right, title, and interest in
`and to each of the Asserted Patents, and has the exclusive right to sue for and recover all
`past, present, and future damages for infringement of the Asserted Patents.
`28.
`On January 24, 2017, the United States Patent and Trademark Office duly and
`legally issued U.S. Patent No. 9,552,376 (“the ‘376 patent”), entitled “Method and Apparatus
`for Managing Digital Files.” A true and correct copy of the ‘376 patent is attached hereto as
`Exhibit 1. 29.
`The ‘376 patent is currently in full force and effect.
`30.
`On September 24, 2019, the United States Patent and Trademark Office duly
`and legally issued U.S. Patent No. 10,423,658 (“the ‘658 patent”), entitled “Method and
`Apparatus for Managing Digital Files.” A true and correct copy of the ‘658 patent is
`attached hereto as Exhibit 2.
`31.
`The ‘658 Patent is currently in full force and effect.
`
`U.S. Patent No. 10,423,658
`
`
`
`9
`
`Petitioner Apple Inc. - Ex. 1023, p. 9
`
`
`
`C.
`
`U.S. Patent No. 10,621,228
`
`D.
`
`U.S. Patent No. 11,017,020
`
`On April 14, 2020, the United States Patent and Trademark Office duly and
`32.
`legally issued U.S. Patent No. 10,621,228 (“the ‘228 patent”), entitled “Method and
`Apparatus for Managing Digital Files.” A true and correct copy of the ‘228 patent is
`attached hereto as Exhibit 3.
`33.
`The ‘228 patent is currently in full force and effect.
`34.
`On May 25, 2021, the United States Patent and Trademark Office duly and
`legally issued U.S. Patent No. 11,017,020 (“the ‘020 patent”), entitled “Method and
`Apparatus for Managing Digital Files.” A true and correct copy of the ‘020 patent is
`attached hereto as Exhibit 4.
`35.
`The ‘020 patent is currently in full force and effect.
`36.
`Prior to the advent of digital photography, printed photographs were
`typically preserved and displayed in frames or photo albums. In order to capture relevant
`information about these photographs, people would often inscribe information on the back
`of printed photographs to associate that photograph with a particular memory or occasion.
`For example, information such as the identification of individuals pictured, and the date
`and location the photograph was taken may be inscribed on the back of the printed
`
`E.
`
`The Technological Improvement Needed for Managing, Organizing and
`
`Displaying Digital Files
`
`
`
`10
`
`Petitioner Apple Inc. - Ex. 1023, p. 10
`
`
`
`photograph. People might also assemble photo albums or slides for a particular memory or
`event so as to associate or link certain photographs with those memories or events.
`37.
`As the use of personal electronic devices with cameras (e.g., smartphones)
`exploded, consumers continued to create and store an ever-expanding number of digital
`photos and videos. The cameras embedded in such devices have evolved to the point
`where many consumers use the smartphone as their primary, or only, camera. Indeed,
`many smartphone manufacturers tout camera features in advertising as a key selling point.
`38. While such devices and other services allowed the storage and retrieval of
`digital photos and videos, effective methods for efficiently and intuitively organizing,
`locating and displaying digital files—or subsets of those files—did not exist prior to the
`inventions disclosed in the Asserted Patents. Consumers seeking to find, view or display a
`particular photo within a vast library of photos would often need to search through large
`and complex interfaces by, for instance, scrolling through a photo library of thousands of
`pictures taken over months or years to find a particular photo from a particular time or
`event. 39.
`The Asserted Patents recognized a need for systems and methods that
`“allow[] people to organize, view, preserve these files with all the memory details captured,
`connected and vivified via an interactive interface.” Ex. 1 (‘376 patent) at 1:54-58. To
`address these and other problems, the Asserted Patents disclose and claim, among other
`things, methods for intuitively organizing and displaying digital files such as digital
`photographs and videos.
`40.
`For example, the Asserted Patents disclose and claim a map view including
`an interactive map. Referring to FIG. 41 of the ‘376 patent (reproduced below), a map view
`
`11
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 11
`
`
`
`including an interactive map can be displayed. “In this view, individual or groups of Digital
`Files are illustrated as photo thumbnails (see indicators 0874 and 0875)) on the map and
`the user can select the thumbnail to see all the Digital Files with the same location (as seen
`FIG. 34 (indicator 1630)) or the user can use the interactive map and narrow the map view
`by either using the Zoom in/Zoom out bar (0876) on the left or simply selecting the map.”
`‘376 patent at 29:33-40.
`
`
`41.
`As shown in FIG. 41, each thumbnail image includes an indication of the
`number of digital files, such as photos and/or videos, at the associated location. Id. at
`29:40-42. In the example shown in FIG. 41, the indication on thumbnail 0874 indicates 1
`digital file associated with that location and the indication on thumbnail 0875 indicates 3
`digital files associated with that location.
`
`
`
`12
`
`Petitioner Apple Inc. - Ex. 1023, p. 12
`
`
`
`The map view disclosed in the Asserted Patents allows users to efficiently
`42.
`and intuitively locate one or more digital files, such as photographs and/or videos, based
`on the location where file was generated. The map view also allows a user to intuitively
`visualize where digital files within the user’s library were generated, and the relative
`number of digital files generated at given locations.
`43.
`As described in the specification, the interactive map in the map view allows
`users to zoom in and out to view digital files at certain locations with varying levels of
`specificity. ‘376 patent at 37-40. For instance, when zoomed out as shown in FIG. 41, the
`user may see thumbnail image 0874 in North America and thumbnail image 0875 in
`Europe on the interactive map. By zooming in (e.g., generally on the North America portion
`of the map), the user can narrow the map view and may see additional thumbnail images.
`Zooming in further on, for example, a particular city, the user may see one or more
`thumbnail images in a downtown area and one or more thumbnail images in a suburban
`area. In this way, the map view disclosed in the Asserted Patents allows users to efficiently
`and intuitively locate digital files based on location.
`44.
`The Asserted Patents also disclose one or more location views for organizing
`and displaying digital files. FIG. 34 (reproduced below) illustrates an exemplary location
`view.
`
`
`
`13
`
`Petitioner Apple Inc. - Ex. 1023, p. 13
`
`
`
`
`45.
`The location views disclosed in the Asserted Patents allow users to efficiently
`and intuitively locate digital files associated with a particular location. The “Multiple
`Location Application View” shown in FIG. 34 “is used to display all the locations that were
`created within the user’s Application (1600).” ‘376 patent at 24:3-6. In the “Single
`Location Application View” shown in FIG. 34, “a single location (1630) is illustrated,” which
`includes “[t]he individual location name” and “[t]humbnails of each Digital File within the
`specification collection.” Id. at 24:24-28. Additionally, “an interactive map displaying a
`Zoomed-in image of the specific location is displayed (1635).” Id. at 24:39-41.
`46.
`The Asserted Patents additionally disclose one or more people views for
`organizing digital files based on associated people. For example, referring to FIG. 32
`(reproduced below), the people view includes a plurality of people selectable thumbnail
`
`14
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 14
`
`
`
`images. Selecting one of the thumbnail images in the people view causes a person view
`(shown below with annotations in color) to be displayed that includes the name of the
`selected person and at least one digital file associated with that person.
`
`
`47.
`As illustrated by at least the foregoing examples, the Asserted Patents are
`directed to improved user interfaces for computing devices. More specifically, the Asserted
`Patents are directed to a particular manner of summarizing and presenting particular sets
`of digital files such as photos and/or videos on computing devices. For example, a user
`might be looking for one photograph out of tens of thousands, but knows that the
`photograph was taken while on vacation in Florida. The user can more easily retrieve that
`photo by navigating to Florida on the interactive map. As another example, the user knows
`that one of her siblings was in the photograph, and can more easily retrieve the photograph
`
`
`
`15
`
`Petitioner Apple Inc. - Ex. 1023, p. 15
`
`
`
`through the people view. In at least these ways, the Asserted Patents provide highly
`intuitive, user-friendly interfaces for navigating through many (e.g., hundreds or
`thousands) of files to find a particular file.
`APPLE INFRINGES MEMORYWEB’S PATENTS
`48. Apple has infringed MemoryWeb’s valuable and proprietary intellectual
`property, including at least the patents asserted in this Complaint. Apple is using
`MemoryWeb’s patented technology without a license or MemoryWeb’s permission.
`49.
`In particular and as described below, Apple makes, uses, sells, offers to sell,
`and imports multiple software operating systems including a photo application for
`organizing and displaying digital files such as photos and videos. Apple also makes, uses,
`sells, offers to sell, and imports one or more products including on which such operating
`systems are installed. The Accused Instrumentalities include, collectively, the products
`incorporating the operating systems discussed herein.
`50.
`For instance, Apple’s macOS software includes a photo application that
`organizes and displays photos and videos according the methods claimed in the Asserted
`Patents. By way of representative example only, Apple macOS 11.0 (Big Sur) displays a
`map view including an interactive map with thumbnail images. The images below,
`including the text accompanied by the image, appear in Apple’s Photos User Guide.
`
`Apple’s macOC Software/Operating System and Related Products
`
`A.
`
`
`
`16
`
`Petitioner Apple Inc. - Ex. 1023, p. 16
`
`
`
`
`Ex. 15
`51. Each thumbnail image in the map view includes an indication of the number
`of photos taken at the associated location.
`
`
`Ex. 15
`52. As a second example, Apple macOS 11.0 (Big Sur) displays one or more
`people views including thumbnail images associated with different people.
`
`
`
`17
`
`Petitioner Apple Inc. - Ex. 1023, p. 17
`
`
`
`
`Ex. 16
`53. As a third example, Apple macOS 11.0 (Big Sur) organizes photos and videos
`by date, month, and year.
`
`
`Ex. 17
`54.
`Other versions of the Apple macOS software include the same or similar
`digital file organization and display features and capabilities, including at least macOS
`10.15 (Catalina), macOS 10.14 (Mojave), and macOS 10.13 (High Sierra).
`
`
`
`18
`
`Petitioner Apple Inc. - Ex. 1023, p. 18
`
`
`
`55. On information and belief, at the least the following Apple products include
`and use the Apple macOS software versions described above or substantially similar
`versions: MacBook Air (inzcluding, but not limited to, the MacBook Air (M1, 2020),
`MacBook Air (Retina, 2020), MacBook Air (Retina, 2019), MacBook Air (Retina, 2018), and
`MacBook Air (2017) models), MacBook Pro (including, but not limited to the MacBook Pro
`16-inch (2019), MacBook Pro 15-inch (2019), MacBook Pro 15-inch (2018), MacBook Pro
`15-inch (2017), MacBook Pro 15-inch (2016), MacBook Pro 13-in. (M1, 2020), MacBook
`Pro 13-inch (2020, four ports), MacBook Pro 13-inch (2019, four ports), MacBook Pro 13-
`inch (2018, four ports), MacBook Pro 13-inch (2017, four ports), MacBook Pro 13-inch
`(2016, four ports), MacBook Pro 13-in. (2020, two ports), MacBook Pro 13-in. (2019, two
`ports), MacBook Pro 13-inch (2017, two ports), MacBook Pro 13-inch (2016, two ports)
`models), iMac (including, but not limited to, the iMac 21.5-in. (Retina 4K), iMac 27-in.
`(Retina 5K), iMac Pro, Mac mini (M1, 2020), and Mac mini (2018) models), and Mac Pro.
`On information and belief, additional Apple products are compatible with and use the
`Apple macOS software versions described above, or substantially similar versions. Each
`product identified above is included in the Accused Instrumentalities.
`56. On information and belief, Apple manufactures in Austin, Texas certain
`Accused Instrumentalities, such as the Mac Pro products, that include or use one or more
`of the aforementioned macOS software versions.
`57. Apple’s iOS software also includes a photo application that organizes and
`displays photos and videos according to methods claimed in the Asserted Patents. By way
`of representative example only, Apple iOS 14 displays a map view including an interactive
`
`Apple’s iOS Software/Operating System and Related Products
`
`B.
`
`
`
`19
`
`Petitioner Apple Inc. - Ex. 1023, p. 19
`
`
`
`map. The images and descriptions reproduced below appear in Apple’s iPhone User
`Guide.
`
`
`Ex. 18
`58.
`Apple iOS software also allows a user to swipe up on an individual photo to
`view a map image showing where that photo was taken.
`
`
`Ex. 18
`59. As a second example, Apple iOS 14 displays one or more people views
`including thumbnail images associated with different people.
`
`
`
`Ex. 19
`
`20
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 20
`
`
`
`
`
`Ex. 20
`
`
`Ex. 21
`60. As a third example, Apple iOS 14 organizes photos and videos by date, month,
`and year.
`
`
`
`21
`
`Petitioner Apple Inc. - Ex. 1023, p. 21
`
`
`
`
`Ex. 22
`61.
`Other versions of the Apple iOS software include the same or similar digital
`file organization and display features and capabilities, including at least iOS 13, iOS 12, iOS
`11, and iOS 10.
`62. On information and belief, at least the following Apple products include and
`use the Apple iOS software versions described above or substantially similar versions:
`iPhone (including, but not limited to, the iPhone 12 Pro Max, iPhone 12 Pro, iPhone 12,
`iPhone 12 mini, iPhone SE, iPhone 11 Pro Max, iPhone 11 Pro, iPhone 11, iPhone XS Max,
`iPhone XS, iPhone XR, iPhone X, iPhone 8 Plus, iPhone 8, iPhone 7 Plus, and iPhone 7
`models), iPad (including, but not limited to, the), and iPod Touch (including, but not
`limited to, the iPod Touch 7th Generation models), iPad (including, but not limited to, the
`iPad Air (3rd Generation), iPad Pro 12.9-inch (2nd Generation), iPad Pro 12.9-inch (3rd
`Generation), iPad Pro 10.5-inch (2nd Generation), iPad Pro 10.5-inch (3rd Generation), iPad
`Pro 11-inch (1st Generation) iPad (5th Generation), iPad (6th Generation), and iPad Mini (5th
`Generation) models), iPod Touch (including, but not limited to, the iPod Touch (6th
`Generation) and iPod Touch (7th Generation) models). On information and belief,
`additional Apple products are compatible with and use the Apple iOS software versions
`
`
`
`22
`
`Petitioner Apple Inc. - Ex. 1023, p. 22
`
`
`
`C.
`
`Apple’s iPadOS Software/Operating System and Related Products
`
`described above, or substantially similar versions. Each product identified above is
`included in the Accused Instrumentalities.
`63. Apple’s iPadOS operating system software also includes a photo application
`that organizes and displays photos and videos according to methods claimed in the
`Asserted Patents. By way of representative example only, Apple iPadOS 14 displays a map
`view including an interactive map. The images and descriptions reproduced below appear
`in Apple’s iPad User Guide.
`
`
`Ex. 23
`64.
`Apple iPadOS software also allows a user to swipe up on an individual photo
`to view a map showing where that photo was taken.
`
`
`
`Ex. 23
`
`23
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 23
`
`
`
`65. As a second example, Apple iPadOS 14 displays one or more people views
`including thumbnail images associated with different people.
`
`
`Ex. 24
`66. As a third example, Apple iPadOS 14 organizes photos and videos by date,
`month, and year.
`
`
`Ex. 25
`67.
`Other versions of the Apple iPadOS software include the same or similar
`digital file organization and display features and capabilities, including at least iPadOS 13.
`
`
`
`24
`
`Petitioner Apple Inc. - Ex. 1023, p. 24
`
`
`
` On information and belief, at the least the following Apple products include
`68.
`and use the Apple iPadOS software versions described above or substantially similar
`versions: iPad (7th Generation), iPad (8th Generation), iPad Pro 12.9-inch (4th Generation),
`iPad Pro 11-inch (2nd Generation), and iPad Air (4th Generation). On information and
`belief, additional Apple products are compatible with and use the Apple iPadOS software
`versions described above, or substantially similar versions. Each product identified above
`is included in the Accused Instrumentalities.
`69. While certain Apple products are identified in this Complaint as examples of
`Apple’s infringement, these examples in no way limit the discovery and infringement
`allegations against Apple concerning other software and/or devices that incorporate the
`same or similar functionalities. MemoryWeb reserves the right to discover and pursue any
`additional infringing products or services.
`70. MemoryWeb repeats and realleges the allegations in the preceding
`paragraphs above as if fully set forth herein.
`71. The ‘376 patent is valid and enforceable.
`72. Apple has directly infringed and continues to directly infringe one or more
`claims of the ‘376 patent, both literally and under the doctrine of equivalents, by making,
`using, offering for sale, selling within the United States and imported into the United
`States, without permission or license from MemoryWeb, Accused Instrumentalities that
`embody or practice the inventions disclosed and claimed in the ‘376 patent in violation of
`35 U.S.C. § 271(a).
`
`COUNT I – INFRINGEMENT OF THE ‘376 PATENT
`
`
`
`25
`
`Petitioner Apple Inc. - Ex. 1023, p. 25
`
`
`
`73. To the extent Apple does not perform each and every step of a particular
`asserted method claim of the ‘376 patent, Apple directs or controls the performance by
`others of each step of such asserted method claims of the ‘376 patent that is does not
`perform itself, such that the performance of each step of the asserted method claims can
`be attributed to Apple.
`74. Apple actively induces direct infringement by others of one or more claims of
`the ‘376 patent, either literally or under the doctrine of equivalents, in violation of 35
`U.S.C. § 271(b). For example, Apple induces infringement of one or more claims of the ‘376
`patent when end users operate Accused Instrumentalities, including the photo application,
`in their intended manner.
`75. On information and belief, Apple had knowledge of the technology described
`in the ‘376 patent prior to the filing of this Complaint and may have had actual knowledge
`of the ‘376 patent. Apple cited U.S. Patent Publication No. 2014/0181089—the
`publication of the application leading to the ‘376 patent—during prosecution of U.S. Patent
`Application Nos. 16/450,531, 16/109,487, 16/219,602, 16/219,661, 15/418,537,
`16/402,057, 15/881,544, 15/713,490, 15/391,276, 15/687,384, 15/275,294, 14/253,783,
`and 14/501,015, each of which identifies Apple, Inc. as the applicant and/or assignee.
`76. At a minimum, pursuant to 35 U.S.C. § 287(a), the filing of this Complaint
`constitutes notice to Apple of the ‘376 patent and of the manner Apple’s infringement
`thereof. On information and belief, Apple knows or should know that its activities induce
`others to directly infringe one or more claims of the ‘376 patent.
`77. Apple actively induces infringement of the ‘376 patent in at least the
`following manners: when Apple’s customers or end users operate the Accused
`
`26
`
`
`
`Petitioner Apple Inc. - Ex. 1023, p. 26
`
`
`
`Instrumentalities including the photo application included in the macOS, iOS, or iPadOS
`operating system software; when Apple instructs or causes its customers or end users to
`download and install macOS, iOS, and iPadOS software including the photo application
`onto the Accused Instrumentalities; and by advertising, instructing and encouraging
`customers and end users (e.g., in user manuals or guides) to operate the Accused
`Instrumentalities in an infringing manner.
`78. Apple contributes to infringement by others of one or more claims of the ‘376
`patent, either literally or under the doctrine of equivalents, in violation of 35 U.S.C. §
`271(c). Apple has and continues to make, use, offer to sell, sell, and import Accused
`Instrumentalities knowing the same to be especially made or especially adapted for
`infringement of the ‘376 patent. The Accused Instrumentalities constitute a material or
`apparatus for use in practicing a patented process, constituting a material part of the
`invention. Such Accused Instrumentalities are not a staple article or commodity of
`commerce suitable for substantial non-infringing use. The lack of substantial non-
`infringing uses is evidenced by the fact that the Accused Instrumentalities are made, used,
`sold, offered for sale, and imported, with an operating system that includes by default the
`photo application, which in turn includes one or more infringing features.
`79. MemoryWeb is entitled to recover damages as a result of Apple’s
`infringement of the ‘376 patent, including lost profits and in no event less than a
`reasonable royalty, together with interest and costs as fixed by this Court pursuant to 35
`U.S.C. § 284, in an amount to be proven at trial.
`80. On information and belief, Apple will continue its infringement of one or
`more claims of the ‘376 patent unless enjoined by the Court. Memory
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