Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 1 of 18 PageID 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`MOBILEMEDIA IDEAS LLC,
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`Plaintiff,
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`v.
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`RESEARCH IN MOTION LIMITED and
`RESEARCH IN MOTION CORPORATION
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` Civil Action No. 2:10-cv-113
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`JURY TRIAL DEMANDED
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`Defendants.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff MobileMedia Ideas LLC (“MMI”), by and through its undersigned
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`attorneys, demands a trial by jury on all issues and hereby alleges as follows for its Complaint
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`against Defendants Research in Motion Limited (“RIM Ltd.”) and Research in Motion
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`Corporation (“RIM Corp.”) (collectively, “Defendants”):
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`PARTIES
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`1.
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`Plaintiff MMI is a limited liability company organized and existing under
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`the laws of the State of Delaware and has its principal place of business in Chevy Chase,
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`Maryland. MMI owns the patents at issue in this litigation.
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`2.
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`Defendant RIM Ltd. is a corporation organized and existing under the
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`laws of the province of Ontario, Canada, with its principal place of business in Ontario, Canada.
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`RIM Ltd. is engaged in the design, manufacture, marketing and sale of, among other things,
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`smartphones including the Tour 9630 model, the 8800 series including the 8800 model, the
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`Curve 8300 series including the Curve 8320 model, the Curve 8500 series including the Curve
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 2 of 18 PageID 2
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`8530 model, the Curve 8900 model, the Pearl series including the Pearl 8130 model, the Pearl
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`Flip series including the Pearl Flip 8230 model, the Bold 9000 model, the Storm 9530 model and
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`the Storm II 9550 model. RIM Ltd. sells its smartphone products in this district and throughout
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`the United States.
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`3.
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`Defendant RIM Corp. is a corporation organized and existing under the
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`laws of the State of Delaware, with its principal place of business in Irving, Texas. On
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`information and belief RIM Corp. is a wholly owned subsidiary of RIM Ltd. and serves as a
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`representative of RIM Ltd. for purposes of conducting business in the United States, including
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`but not limited to offering to sell, selling and marketing in the United States smartphones
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`including the Tour 9630 model, the 8800 series including the 8800 model, the Curve 8300 series
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`including the Curve 8320 model, the Curve 8500 series including the Curve 8530 model, the
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`Curve 8900 model, the Pearl series including the Pearl 8130 model, the Pearl Flip series
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`including the Pearl Flip 8230 model, the Bold 9000 model, the Storm 9530 model and the Storm
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`II 9550 model. RIM Corp. sells smartphone products in this district and throughout the United
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`States.
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States. MMI asserts
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`claims for patent infringement under 35 U.S.C. §§ 271 and 281.
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`5.
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`This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331
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`and 1338.
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`6.
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`RIM Ltd. and RIM Corp. transact business in this district and are subject
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`to personal jurisdiction and venue in this district pursuant to 28 U.S.C. § 1400(b) and 28 U.S.C.
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`§§ 1391(c) and (d).
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 3 of 18 PageID 3
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`SUMMARY OF CLAIMS
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`7.
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`This is a patent infringement action brought by MMI against Defendants
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`for Defendants’ infringement of MMI’s patents.
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`8.
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`MMI owns all of the patents-in-suit and offers non-exclusive licenses
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`under the MMI patents.
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`9.
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`Defendants are infringing the patents-in-suit by, among other things,
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`making, importing, using, offering to sell and/or selling in the United States and in this judicial
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`district Defendants’ smartphone products, which employ MMI patented technology.
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`10.
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`In making, importing, using, offering to sell and/or selling the infringing
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`products, providing customers with instructions about the use of such products and continuing
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`such acts, Defendants knew or should have known the products would be used in an infringing
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`manner. Defendants intended to encourage this infringement and continue to do so.
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`Patents-In-Suit
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`FACTS
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`11.
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`United States Patent No. 5,479,476 (the “’476 Patent”) was duly and
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`legally issued on December 26, 1995 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Mobile telephone having groups of user adjustable operating characteristics
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`for facilitating adjustment of several operating characteristics.” Plaintiff MMI owns and holds
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`the rights to the ’476 Patent, a copy of which is attached hereto as Exhibit A.
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`12.
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`United States Patent No. 5,845,219 (the “’219 Patent”) was duly and
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`legally issued on December 1, 1998 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Mobile station having priority call altering function during silent service
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`mode.” Plaintiff MMI owns and holds the rights to the ’219 Patent, a copy of which is attached
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 4 of 18 PageID 4
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`hereto as Exhibit B.
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`13.
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`United States Patent No. 6,055,439 (the “’439 Patent”) was duly and
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`legally issued on April 25, 2000 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Mobile telephone user interface.” Plaintiff MMI owns and holds the rights to the ’439
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`Patent, a copy of which is attached hereto as Exhibit C.
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`14.
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`United States Patent No. 6,253,075 (the “’075 Patent”) was duly and
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`legally issued on June 26, 2001 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Method and apparatus for incoming call rejection.” Plaintiff MMI owns and holds the
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`rights to the ’075 Patent, a copy of which is attached hereto as Exhibit D.
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`15.
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`United States Patent No. 6,427,078 (the “’078 Patent”) was duly and
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`legally issued on July 30, 2002 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Device for personal communications, data collection and data processing, and a circuit
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`card.” Plaintiff MMI owns and holds the rights to the ’078 Patent, a copy of which is attached
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`hereto as Exhibit E.
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`16.
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`United States Patent No. Re. 39231 (the “’231 Patent”) was duly and
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`legally issued on August 8, 2006 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Communication terminal equipment and call incoming control method.” Plaintiff MMI
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`owns and holds the rights to the ’231 Patent, a copy of which is attached hereto as Exhibit F.
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`17.
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`United States Patent No. 5,732,390 (the “’390 Patent”) was duly and
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`legally issued on March 24, 1998 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Speech signal transmitting and receiving apparatus with noise sensitive volume
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`control.” Plaintiff MMI owns and holds the rights to the ’390 Patent, a copy of which is
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`attached hereto as Exhibit G.
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 5 of 18 PageID 5
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`18.
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`United States Patent No. 5,737,394 (the “’394 Patent”) was duly and
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`legally issued on April 7, 1998 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Portable telephone apparatus having a plurality of selectable functions activated by the
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`use of dedicated and/or soft keys.” Plaintiff MMI owns and holds the rights to the ’394 Patent, a
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`copy of which is attached hereto as Exhibit H.
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`19.
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`United States Patent No. 6,070,068 (the “’068 Patent”) was duly and
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`legally issued on May 30, 2000 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Communication terminal device and method for controlling a connecting state of a call
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`into a desired connection state upon a predetermined operation by a user.” Plaintiff MMI owns
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`and holds the rights to the ’068 Patent, a copy of which is attached hereto as Exhibit I.
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`20.
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`United States Patent No. 6,389,301 (the “’301 Patent”) was duly and
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`legally issued on May 14, 2002 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Portable radio information terminal apparatus, display screen operating method,
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`recording medium, and microcomputer apparatus.” Plaintiff MMI owns and holds the rights to
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`the ’301 Patent, a copy of which is attached hereto as Exhibit J.
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`21.
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`United States Patent No. 6,446,080 (the “’080 Patent”) was duly and
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`legally issued on September 3, 2002 and was assigned to MMI on January 11, 2010 for an
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`invention entitled “Method for creating, modifying, and playing a custom playlist, saved as a
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`virtual CD, to be played by a digital audio/visual actuator device.” Plaintiff MMI owns and
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`holds the rights to the ’080 Patent, a copy of which is attached hereto as Exhibit K.
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`22.
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`United States Patent No. 7,349,012 (the “’012 Patent”) was duly and
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`legally issued on March 25, 2008 and was assigned to MMI on January 11, 2010 for an invention
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`entitled “Imaging apparatus with higher and lower resolution converters and a compression unit
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 6 of 18 PageID 6
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`to compress decreased resolution image data.” Plaintiff MMI owns and holds the rights to the
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`’012 Patent, a copy of which is attached hereto as Exhibit L.
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`Notice to Defendants
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`23.
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`On February 16, 2010, RIM Ltd. was notified by letter that its products,
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`including but not limited to the infringing products listed herein, have infringed and continue to
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`infringe the patents-in-suit.
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`24.
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`On February 16, 2010, RIM Corp. was notified by letter that its products,
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`including but not limited to the infringing products listed herein, have infringed and continue to
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`infringe the patents-in-suit.
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`FIRST CAUSE OF ACTION
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`(Infringement of the ’476 Patent)
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`25. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`26. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’476 Patent.
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`27.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
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`smartphones in violation of 35 U.S.C. § 271: the 8800 series including the 8800 model, the Tour
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`9630 model, the Curve 8300 series including the Curve 8320 model, the Curve 8500 series
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`including the Curve 8530 model, the Curve 8900 model, the Pearl series including the Pearl 8130
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`model, the Pearl Flip series including the Pearl Flip 8230 model, the Bold 9000 model, the Storm
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`9530 model and the Storm II 9550 model.
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 7 of 18 PageID 7
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`28.
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`RIM Ltd. and RIM Corp.’s infringement of the ’476 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`29.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`SECOND CAUSE OF ACTION
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`(Infringement of the ’219 Patent)
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`30. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`31. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’219 Patent.
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`32.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
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`smartphones in violation of 35 U.S.C. § 271: the 8800 series including the 8800 model, the Tour
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`9630 model, the Curve 8300 series including the Curve 8320 model, the Curve 8500 series
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`including the Curve 8530 model, the Curve 8900 model, the Pearl series including the Pearl 8130
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`model, the Pearl Flip series including the Pearl Flip 8230 model, the Bold 9000 model, the Storm
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`9530 model and Storm II 9550 model.
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`33.
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`RIM Ltd. and RIM Corp.’s infringement of the ’219 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`34.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 8 of 18 PageID 8
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`THIRD CAUSE OF ACTION
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`(Infringement of the ’439 Patent)
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`35. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`36. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’439 Patent.
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`37.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
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`smartphones in violation of 35 U.S.C. § 271: the 8800 series including the 8800 model, the Tour
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`9630 model, the Curve 8300 series including the Curve 8320 model, the Curve 8500 series
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`including the Curve 8530 model, the Curve 8900 model, the Pearl series including the Pearl 8130
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`model, the Pearl Flip series including the Pearl Flip 8230 model, the Bold 9000 model, the Storm
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`9530 model and the Storm II 9550 model.
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`38.
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`RIM Ltd. and RIM Corp.’s infringement of the ’439 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`39.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`FOURTH CAUSE OF ACTION
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`(Infringement of the ’075 Patent)
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`40. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 9 of 18 PageID 9
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`41. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’075 Patent.
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`42.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
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`smartphones in violation of 35 U.S.C. § 271: the 8800 series including the 8800 model, the Tour
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`9630 model, the Curve 8300 series including the Curve 8320 model, the Curve 8500 series
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`including the Curve 8530 model, the Curve 8900 model, the Pearl series including the Pearl 8130
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`model, the Pearl Flip series including the Pearl Flip 8230 model, the Bold 9000 model, the Storm
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`9530 model and the Storm II 9550 model.
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`43.
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`RIM Ltd. and RIM Corp.’s infringement of the ’075 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`44.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`FIFTH CAUSE OF ACTION
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`(Infringement of the ’078 Patent)
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`45. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`46. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’078 Patent.
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`47.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
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`smartphones in violation of 35 U.S.C. § 271: the Tour 9630 model, the Curve 8300 series
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 10 of 18 PageID 10
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`including the Curve 8320 model, the Curve 8500 series including the Curve 8530 model, the
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`Curve 8900 model, the Pearl series including the Pearl 8130 model, the Pearl Flip series
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`including the Pearl Flip 8230 model, the Bold 9000 model, the Storm 9530 model and the Storm
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`II 9550 model.
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`48.
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`RIM Ltd. and RIM Corp.’s infringement of the ’078 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`49.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`SIXTH CAUSE OF ACTION
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`(Infringement of the ’231 Patent)
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`50. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`51. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’231 Patent.
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`52.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
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`smartphones in violation of 35 U.S.C. § 271: the 8800 series including the 8800 model, the Tour
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`9630 model, the Curve 8300 series including the Curve 8320 model, the Curve 8500 series
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`including the Curve 8530 model, the Curve 8900 model, the Pearl series including the Pearl 8130
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`model, the Pearl Flip series including the Pearl Flip 8230 model, the Bold 9000 model, the Storm
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`9530 model and the Storm II 9550 model.
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 11 of 18 PageID 11
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`53.
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`RIM Ltd. and RIM Corp.’s infringement of the ’231 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`54.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`SEVENTH CAUSE OF ACTION
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`(Infringement of the ’390 Patent)
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`55. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`56. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’390 Patent.
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`57.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
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`smartphones in violation of 35 U.S.C. § 271: the Tour 9630 model, the Curve 8500 series
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`including the Curve 8530 model, the Pearl series including the Pearl 8130 model, the Pearl Flip
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`series including the Pearl Flip 8230 model, the Storm 9530 model and the Storm II 9550 model.
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`58.
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`RIM Ltd. and RIM Corp.’s infringement of the ’390 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`59.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`EIGHTH CAUSE OF ACTION
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`(Infringement of the ’394 Patent)
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`60. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`61. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’394 Patent.
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`62.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
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`smartphones in violation of 35 U.S.C. § 271: the 8800 series including the 8800 model, the Tour
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`9630 model, the Curve 8300 series including the Curve 8320 model, the Curve 8500 series
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`including the Curve 8530 model, the Pearl Flip series including the Pearl Flip 8230 model, the
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`Bold 9000 model, the Storm 9530 model and the Storm II 9550 model.
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`63.
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`RIM Ltd. and RIM Corp.’s infringement of the ’394 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`64.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`NINTH CAUSE OF ACTION
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`(Infringement of the ’068 Patent)
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`65. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`66. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’068 Patent.
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 13 of 18 PageID 13
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`67.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
`
`smartphones in violation of 35 U.S.C. § 271: the 8800 series including the 8800 model, the Tour
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`9630 model, the Curve 8300 series including the 8320 model, the Curve 8500 series including
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`the Curve 8530 model, the Curve 8900 model, the Pearl series including the Pearl 8130 model,
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`the Pearl Flip series including the Pearl Flip 8230 model, the Bold 9000 model, the Storm 9530
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`model and the Storm II 9550 model.
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`68.
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`RIM Ltd. and RIM Corp.’s infringement of the ’068 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`69.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`TENTH CAUSE OF ACTION
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`(Infringement of the ’301 Patent)
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`70. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`71. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’301 Patent.
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`72.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
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`smartphones in violation of 35 U.S.C. § 271: the 8800 series including the 8800 model, the Tour
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`9630 model, the Curve 8300 series including the Curve 8320 model, the Curve 8500 series
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`including the Curve 8530 model, the Curve 8900 model, the Pearl series including the Pearl 8130
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 14 of 18 PageID 14
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`model, the Pearl Flip series including the Pearl Flip 8230 model, the Bold 9000 model, the Storm
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`9530 model and the Storm II 9550 model.
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`73.
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`RIM Ltd. and RIM Corp.’s infringement of the ’301 Patent is willful and
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`in deliberate disregard of MMI’s rights under the patent.
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`74.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
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`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
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`their infringing devices in the marketplace.
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`ELEVENTH CAUSE OF ACTION
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`(Infringement of the ’080 Patent)
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`75. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
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`though fully set forth in this paragraph.
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`76. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’080 Patent.
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`77.
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`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
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`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
`
`smartphones in violation of 35 U.S.C. § 271: the 8800 series including the 8800 model, the Tour
`
`9630 model, the Curve 8300 series including the Curve 8320 model, the Curve 8500 series
`
`including the Curve 8530 model, the Curve 8900 model, the Pearl series including the Pearl 8130
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`model, the Pearl Flip series including the Pearl Flip 8230 model, the Bold 9000 model, the Storm
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`9530 model and the Storm II 9550 model.
`
`78.
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`RIM Ltd. and RIM Corp. actively induce the infringement of this patent
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`by providing step-by-step instructions of how to use the smartphones in an infringing manner in
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`connection with computers using the Media Manager software provided in the smartphone
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`- 14 -
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 15 of 18 PageID 15
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`packaging (“packaged software”) by RIM Ltd. and/or RIM Corp. and/or on the RIM website.
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`The instructions are found in the user guides provided with the smartphones and on the RIM
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`website, which is referenced by the packaged software and user guides.
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`79.
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`RIM Ltd. and RIM Corp. also actively induce the infringement of this
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`patent by providing step-by-step instructions of how to use the smartphones in an infringing
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`manner in connection with computers using the Active Sync software provided by RIM in
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`connection with Apple’s iTunes and/or Microsoft’s Windows Media Player software. The
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`instructions are found in the user guides provided with the smartphones and on the RIM website,
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`which is referenced by the packaged software and user guides.
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`80.
`
`At least since the February 16, 2010 actual notice of infringement, RIM
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`Ltd. and RIM Corp. knew or should have known that the smartphones would be used in an
`
`infringing manner, and RIM Ltd. and RIM Corp. intended to encourage this infringement and
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`continue to do so.
`
`81.
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`RIM Ltd. and RIM Corp.’s infringement of the ’080 Patent is willful and
`
`in deliberate disregard of MMI’s rights under the patent.
`
`82.
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`As a result of Defendants’ patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
`
`their infringing devices in the marketplace.
`
`TWELFTH CAUSE OF ACTION
`
`(Infringement of the ’012 Patent)
`
`83. MMI repeats and realleges paragraphs 1 through 24 of its Complaint as
`
`though fully set forth in this paragraph.
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`- 15 -
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 16 of 18 PageID 16
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`84. MMI is the legal owner by assignment of all rights, title and interest in and
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`to the validly issued ’012 Patent.
`
`85.
`
`RIM Ltd. and RIM Corp. have infringed and continue to infringe, directly
`
`or indirectly, this patent by making, using, selling, offering to sell and/or importing the following
`
`smartphones in violation of 35 U.S.C. § 271: the Tour 9630 model, the Curve 8300 series
`
`including the Curve 8320 model, the Curve 8500 series including the Curve 8530 model, the
`
`Curve 8900 model, the Pearl series including the Pearl 8130 model, the Pearl Flip series
`
`including the Pearl Flip 8230 model, the Bold 9000 model, the Storm 9530 model and the Storm
`
`II 9550 model.
`
`86.
`
`RIM Ltd. and RIM Corp.’s infringement of the ’012 Patent is willful and
`
`in deliberate disregard of MMI’s rights under the patent.
`
`87.
`
`As a result of Defendants’ patent infringement, MMI has suffered and will
`
`continue to suffer damages and irreparable injury as Defendants continue broadly distributing
`
`their infringing devices in the marketplace.
`
`WHEREFORE, MMI prays for judgment and seeks relief against RIM Ltd. and
`
`RIM Corp. as follows:
`
`(a)
`
`That the Court find and declare that Defendants are infringing each of the
`
`patents-in-suit in violation of 35 U.S.C. § 271;
`
`(b)
`
`That the Court find and declare that this infringement was and continues to
`
`be willful;
`
`(c)
`
`That the Court issue a permanent injunction against further infringement
`
`of the patents-in-suit pursuant to 35 U.S.C. § 283;
`
`
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`- 16 -
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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 17 of 18 PageID 17
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`(d)
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`That the Court award Plaintiff damages adequate to compensate for the
`
`infringement of the patents-in-suit in an amount to be determined at trial, together with interest
`
`and costs as fixed by this Court; all of those damages to be enhanced in an amount up to treble
`
`the amount of compensatory damages as this Court finds proper, for example, due to Defendants’
`
`willful infringement, as provided by 35 U.S.C. § 284;
`
`(e)
`
`That the Court find and declare this to be an exceptional case entitling
`
`Plaintiff to reasonable attorneys’ fees, costs and disbursements pursuant to 35 U.S.C. § 285; and
`
`(f)
`
`That the Court grant Plaintiff such other and further relief as this Court
`
`may deem just and proper.
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`- 17 -
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`

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`Case 3:11-cv-02353-N Document 1 Filed 03/31/10 Page 18 of 18 PageID 18
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`Dated: March 31, 2010
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`Respectfully submitted,
`
`McKOOL SMITH, P.C.
`
`/s/ Sam Baxter
`Samuel F. Baxter
`Lead Attorney
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`McKOOL SMITH, P.C.
`104 E. Houston St., Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`John F. Garvish, II
`Texas State Bar No. 24043681
`jgarvish@mckoolsmith.com
`McKOOL SMITH, P.C.
`300 W. 6th St. Suite 1700
`Austin, Texas 78701
`Telephone:
`(512) 692-8700
`Facsimile:
`(512) 692-8744
`
`Garrard R. Beeney
`Adam R. Brebner
`SULLIVAN & CROMWELL LLP
`125 Broad Street
`New York, New York 10004
`(212) 558-4000
`
`Kenneth Rubenstein
`Evan L. Kahn
`PROSKAUER ROSE LLP
`1585 Broadway
`New York, New York 10036
`(212) 969-3000
`
`Attorneys for Plaintiff
`MobileMedia Ideas LLC