5%
`
`TOWNSEND AND TOWNSEND AND CREW LLP
`THEODORE T. HERHOLD (State Bar No. 122895)
`ANDREW T. OLIVER (State Bar No. 226098)
`ROBERT D. TADLOCK (State Bar No. 238479)
`379 Lytton Avenue
`Palo Alto, CA 94301
`
`Telephone: (650) 326-2490“
`
`Facsimile: (650) 326-242
`Email: ttherho1d@townsend.com
`
`rdtadlock@townsend.com
`
`Attorneys for Plaintiff ‘
`APPLE INC.
`
`ORIGINAL Pllffl
`Clglchard w, Wfaklng
`
`JUL 2 2 23:0
`
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`k. U.
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`Northern DI%trlcgtflerzké§f?§:,§.g
`8 an Jose
`UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`3 (9 74 055
`Q7 / 3 5 73 ~
`3 3 L/ / 2 8 52>
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`
`2 1 6
`
`-JAINT FOR PATENT
`JGEMENT, TRADEMARK
`NGEMENT AND UNFAIR
`PETITION
`
`“”
`
`MIAND FOR JURY TRIAL
`
`APPLEINC
`V.
`EFORCITY
`corporation;
`California or
`California c<
`EVERYDA'
`
`corporation;
`California C(
`lNC., a Cali
`BOXWAVIE
`
`corporation; auu 1J\Juu L ..n.,..D.. _-,
`incluslve,
`
`Defendants.
`
`Plaintiff Apple Inc. (“Apple”), for its complaint against Defendants, alleges as follows:
`
`INTRODUCTION
`
`1.
`
`Apple has instituted the present action against Defendants herein to ensure quality
`
`and compatibility with Apple’s products and to prevent the unfair and unlawful exploitation of its
`
`intellectual property. Apple seeks an injunction against Defendants’ unlawful conduct, as well as
`
`an award of its actiial damages and attorneys’ fees as provided by law.
`
`ownsend.
`
`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`

`
`2.
`
`Apple develops and sells a revolutionary consumer electronics product, the iPod®
`
`digital music player. First launched in October 2001, the iPod® has become one of the most
`
`widely—acclaimed and sought—atter consumer products of all time. The Washington Fast described
`
`the iPod® as “a work of technological art.” With over 240 million iPod® devices sold to date,
`
`Apple has transformed how millions of music lovers acquire, manage and use their music and
`I video.
`In June 2007, Apple launched another of its ground-breaking products — the iPhone®.
`
`Named the Invention of the Year by Time Magazine in 2007, the iPhone® has enjoyed tremendous
`
`market success, with over 40 million iPhone® devices sold to date.. In April 2010, Apple launched
`
`yet another of its revolutionary products, the iPadTM, which sold 3 million units in its first 80 days
`
`of availability. The iPadTM is a mobile digital device allowing users to connect with their apps,
`
`content and the Internet in a more intimate, intuitive and fun way than ever before.
`
`3.
`
`The consumer acceptance of the iPod®, iPhone® and iPadTM has sparked demand
`
`for compatible accessories, including cables, chargers, docking stations, speaker systems, FM
`
`transmitters, and numerous other products.
`
`In order to ensure the quality, reliability and
`
`compatibility of these accessories, and to protect the value of its goodwill and intellectual property
`
`relating to the iPod®, iPhone® and iPadTM brands, Apple maintains a robust licensin-g program
`
`called Made for iPod® (“MFi”), through which third party companies can obtain Apple’s
`
`authorization and license to manufacture, sell and distribute iPod®, iPhone® and iPadTM
`
`compatible accessories. A number of imitators, however, are selling “knock~offs” that copy
`
`Apple’s products in an attempt to capitalize on Apple’s success in the marketplace without
`
`entering Apple’s MFi licensing pro gram.
`
`4.
`
`As more fully alleged below, Defendants manufacture, distribute and/or sell
`
`accessories for the iPod®, iPhone® and iPadTM that are not licensed or otherwise sponsored by
`
`Apple. These products are frequently advertised and sold in a manner that falsely and unfairly
`implies affiliation with Apple and infringes Apple’s valuable intellectual property. Many are of
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`inferior quality and reliability, raising significant concerns over compatibility with, and damage to,
`
`Apple’s products. As one consumer remarked:
`
`Stay away from this one!!! This product is garbage. First one I received
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`:oWnsend.
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`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`

`
`was defective and did not charge my 3G Ipod, but instead like some other
`people have said, drained my battery to the point my ipod would not even
`turn on. Second one I received as a replacement did the same exact thing.
`Lesson learned for me so next potential buyer beware.
`
`5.
`
`Defendants’ infringing conduct as alleged herein has damaged Apple and inflicted
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`irreparable harm, and Apple brings this lawsuit to redress that harm.
`
`PARTIES
`
`6.
`
`Apple is a California corporation with its principal place of business located at 1
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`Infinite Loop, Cupertino, California. Founded in 1976, Apple has been consistently ranked as one
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`of the most innovative companies in the world. Apple makes and sells well-known computer
`
`hardware, software and consumer electronics products including the Macintosh® line of computers
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`and the iPod®, iPhone® and iPadTM line of mobile digital devices. Apple employs approximately
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`28,000 people worldwide, owns and operates over 200 retail stores, and sells its products online.
`
`7.
`
`Upon information and belief, Defendant Eforcity Corporation (“Eforcity”) is a
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`California corporation having its principal place of business at 12339 Denholm Dr., El Monte, CA
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`91732. Eforcity’s registered agent for service of process is Jack Sheng, 12339 Denholm Dr., El
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`Monte, CA 91732.
`
`8.
`
`Upon information and belief, Defendant Accstation Inc. (“Accstation”) is a
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`California corporation having its principal place of business at 12339 Denholm Dr., El Monte, CA
`
`91732. .Accstation’s registered agent for service of process is Jack Sheng, 12339 Denholm Dr., El
`
`Monte, CA 91732.
`
`9.
`
`Upon information and belief, Defendant Itiimming Inc. (“Itrimming”) is a California
`
`corporation having its principal place ofbusiness at 12339 Denholm Dr., El Monte, CA 91732.
`
`Itrimming’s registered agent for service of process is Jack Sheng, 12339 Denholm Dr., El Monte,
`
`CA 91732.
`
`10.
`
`Upon information and belief, Defendant Everydaysource Inc. (“Everydaysource”) is
`
`a California corporation having its principal place of business at 12339 Denholm Dr., El Monte, CA
`
`91732. Everydaysource’s registered agent for service of process is Jack Sheng, 12339 Denholm
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`Dr., El Monte, CA 91732.
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`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`

`
`1 1.
`
`Upon information and belief, Defendant United Integral Inc. is a California
`
`corporation having its principal place of business at 4961 Santa Anita Ave #D, El Monte, CA,
`
`91780. United Integral’s registered agent for service ofprocess is Catalina Du, 4961 Santa Anita
`
`Ave #D, El Monte, CA, 91780. Upon information and belief, United Integral also does business as
`
`firegadgetscom, Skque, crazyproducts, crazyproductsstore, and Ultimatetrendstore (collectively
`“United Integral”).
`
`12.
`
`Upon information and belief, Defendant Crazyondigital, Inc. (“Crazyondigital”) is a
`
`California corporation having its principal place of business at 2021 Las Positas Ct, Ste. 145,
`
`Livermore, CA 94551. Crazyondigital’s registered agent for service of process is Binita Singh,
`
`2021 Las Positas Ct, Ste. 145, Livermore, CA 94551.
`
`13.
`
`Upon information and belief, Defendant Boxwave Corporation (“Boxwave”) is a
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`Nevada corporation having its principal place of business at 227 Bellevue Way N.E. #558,
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`Bellevue, WA 98004. Boxwave’s registered agent for service of process is CSC Services of
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`Nevada, Inc., 502 East John Street, Carson City, NV 89706.
`
`14.
`
`Apple is ignorant of the true names and capacities of Defendants sued herein as Does
`
`1 through 20, inclusive, and therefore sues said Defendants by such fictitious names. Apple will
`
`amend this Complaint, if necessary, to allege their true names and capacities when ascertained.
`
`JURISDICTION AND VENUE
`
`15.
`
`This Court has subj ect matter jurisdiction pursuant to 28 U.S.C. §§1331 and l338(a)-
`
`(b) and 15 U.S.C. §1 121 because this action arises under the patent and trademark laws of the
`
`United States.
`
`16.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ l39l(b)—(c) and
`
`1400(b) as Defendants have done business in this judicial district, have committed acts of patent
`
`infringement and trademark infringement in this judicial district, and continue to commit such acts
`
`in this judicial district, entitling Apple to relief as hereinafter set forth.
`
`INTRADISTRICT ASSIGNMENT
`
`17.
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`Because this is an Intellectual Property Action, it may be assigned on a district—wide
`
`basis pursuant to Civil Local Rule 3—2(c).
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`COMPLAINT FOR PATENT ENFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`

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`FACTUAL ALLEGATIONS
`
`18.
`
`Apple has devoted Substantial time and resources to developing, manufacturing and
`
`marketing its iPod®, iPhone® and iPadTM brands of mobile digital devices. The first generation
`
`iPod® was introduced in October 2001; the second generation iPod® was introduced in July 2002;
`
`and the third generation iPod® was released in April 2003. The current line of iPod® products
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`includes the iPod® shuffle; the iPod® classic; the iPod® nano; and the iPod® touch. The first
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`generation iPhone® was introduced in June 2007; the iPhone® 3G was released in July 2008; the
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`iPhone® 3GS was released in June 2009; and the iPhone® 4 was released in June 2010. The
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`iPadTM was released in April 2010.
`
`19.
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`The Apple brand, including its registered trademarks, is one of the most famous
`
`brands in the world. Since its inception, Apple has continuously and extensively promoted, offered
`
`and sold its goods and services in interstate commerce under the various Apple trademarks. The
`
`Apple brand and trademarks consistently are ranked by independent research organizations as being
`
`among the fifty most valuable brands on earth.
`
`20.
`As a result of Apple’s continuous and extensive use and promotion, the consuming
`public nationwide understands that Apple’s various marks identify Apple’s goods and services, and
`
`associates the marks with Apple exclusively. Because of the consistent quality of Apple’s goods
`
`and services marketed under and in association with Apple’s trademarks, Apple has established
`
`considerable good will and reputation with respect to its goods and services.
`
`21.
`
`Since their inception, the iPod®, iPhone® and iPadTM have spawned numerous
`
`accessory devices manufactured and sold by companies other than Apple, including, among others,
`
`cables, chargers, docking stations, speaker systems, and FM transmitters that are designed to work
`exclusively with the iPod®, iPhone® and iPadTM.
`0
`
`22.
`
`To ensure the quality, reliability and compatibility of these accessories, Apple
`
`implemented the MFi licensing program that allows manufactures, distributors and retailers of
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`iPod®, iPhone® and iPad'"“ accessories to obtain the benefits of Apple’s proprietary technology,
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`intellectual property and support, and to use the “Made for iPod”® logo in their packaging and
`
`advertising. Apple has developed a growing international portfolio of intellectual property rights
`
`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`5
`
`"
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`-
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`

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`protecting different aspects of the iPod®, iPhone® and iPadTM, which in the United States includes
`
`various utility patents, design patents and trademarks.
`
`A
`
`23.
`
`Upon information and belief, Defendant Eforcity distributes and/or sells various
`
`iPod®, iPhone® and/or iPadTM accessories in this District and elsewhere that are not licensed or
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`otherwise authorized by Apple, including, but not limited to: car chargers identified as
`
`DAPPIPODCCO7, DAPPIPODCC08, DAPPIPODCCO9, DAPPIPODCCIO, DAPPIPODTCIZ, and
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`DAPPIPODTCI3; AV composite cables identified as CAPPIPODAT2, CAPPIPODAT4, and
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`CAPPIPODAT5; docking cradles with remotes identified as DAPP[PODCRlO and
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`DAPPIPODCRI 1;'docking cradles identified as DAPPIPODCRIZ and CAPPIPHOCRAZ;
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`retractable cables identified as DAPPIPODDAIS and DAPPIPODDAT3; cables identified as
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`DAPPIPODDATZ, DAPPIPODDAT4, and DAPPIPODDAI 1; FM transmitters identified as
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`DAPPIPODFMO5, DAPPIPODFM07, DAPPEPODFMO8, DOTHXXXXFM12,
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`DOTHXXXXFM15, DOTHXXXXFM17, DOTHXXXXFMIQ, DOTHXXXXFM21, and
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`DOTHXXXXFM22; speaker systems identified as DAPPIPODSPKI and DOTHXiXXXSPl8;
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`chargers identified as CAPPIPHOPHC 1; backup batteries identified as CAPPIPHOLIO2 and
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`CAPPIPHOLIO6; and AV adapters identified as CAPPIPHOADOI and CAPPIPHOAD08. Upon
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`information and belief, Defendant E rcity_ uses App1e’s registered trademarks U.S. Reg. Nos.
`
`3,679,056; 2,715,578; and 3,341,286 in connection with itsiadvertising and sales, including sales of
`
`the aforementioned products.
`
`24.
`
`Upon information and belief, Defendant Accstation distributes and/or sells Various
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`iPod®, iPhone® and/or iPadTM accessories in this District and elsewhere that are not licensed or
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`otherwise authorized by Apple, including, but not limited to: car chargers identified as
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`DAPPIPODCC07, DAPPIPODCCOS, DAPPIPODCC09, DAPPIPODCC10, DAPPIPODTC12, and
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`DAPPIPODTCB; AV composite cables identified as CAPPIPODAT2, CAPPEPODAT4, and
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`CAPPIPODAT5; docking cradles with remotes identified as DAPPIPODCRl0 and
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`DAPPIPODCRI 1; docking cradles identified as DAPPlPODCR12 and CAPPIPHOCRA2;
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`retractable cables identified as DAPPIPODDAIS and DAPPIPODDAT3; cables identified as
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`DAPPIPODDAT2, DAPPIPODDAT4, and DAPPIPODDAI 1; FM transmitters identified as
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`COMPLAINT FOR PATENT FNFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`_
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`6
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`_
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`

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`DAPPIPODFM05, DAPPIPODFMO7, DAPPIPODFM08, DOTHXXXXFM12,
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`DOTHXXXXFM15, DOTHXXXXFMI7, DOTHXXXXFMI9, DOTHXXXXFMZI, and
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`DOTHXXXXFM22; speaker systems identified as DAPPIPODSPK1 and DOTHXXXXSP18;
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`chargers identified as CAPPll3HOPHC1; backup batteries identified as CAPPIPHOLIO2 and
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`CAPPIPHOLIO6; and AV adapters identified as CAPPIPHOADOI and CAPPIPHOADO8. Upon
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`information and belief, Defendant Accstation uses Apple’s registered trademarks U.S. Reg. Nos.
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`3,679,056; 2,715,578; and 3,341,286 in connection with its advertising and sales, including sales of
`
`the aforementioned products.
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`25.
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`Upon information and belief, Defendant Itrimming distributes and/or sells various
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`iPod®, iPhone® and/or iPadTM accessories in this District and elsewhere that are not licensed or
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`otherwise authorized by Apple, including, but not limited to: car chargers identified as
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`DAPPJPODCCO7, DAPPIPODCC08, DAPPIPODCCO9, DAPPIPODCCIO, DAPPPODTC12, and
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`Di-XPPIPODTCI3; AV composite cables identified as CAPPIPODAT2, CAPPIPODAT4, and
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`CAPPIPODATS; docking cradles with remotes identified as DAPPIPODCRIO and
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`DAPPIPODCRI l; docking cradles identified as DAPPIPODCRIZ and CAPPIPHOCRA2;
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`retractable cables identified as DAPPIPODDAIS and DAPPIPODDAT3; cables identified as
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`DAPPIPODDAT2, DAPPIPODDAT4, and DAPPIPODDAI 1; FM transmitters identified as
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`DAPPIPODFM05, DAPPIPODFM07, DAPPIPODFMOS, DOTHXXXXFM12,
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`DOTHXXXXFMIS, DOTHXXXXFMI7, DOTHXXXXFMI9, DOTHXXXXFM21, and
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`DOTHXXXXFM22; speaker systems identified as DAPPIPODSPKI and DOTHXXXXSPI 8;
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`chargers identified as CAPPIPHOPHC1; backup batteries identified as CAPPIPHOLI02 and
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`CAPPIPHOLIO6; and AV adapters identified as CAPPIPHOAD01 and CAPPIPI-IOAD08.
`
`26.
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`Upon information and belief, Defendant Everydaysource distributes and/or sells
`
`various iPod®, iPhone® and/or iPadTM accessories in this District and elsewhere that are not
`
`licensed or otherwise authorized by Apple, including, but not limited to: car chargers identified as
`
`DAPPIPODCCO7, DAPPIPODCCO8, DAPPIPODCC09, DAPPIPODCCIO, DAPPIPODTCIZ, and
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`DAPPIPODTCIB; AV composite cables identified as CAPPIPODATZ, CAPPIPODAT4, and
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`CAPPIPODAT5 ; docking cradles with remotes identified as DAPPIPODCRIO and
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`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`

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`DAPPIPODCRI 1; docking cradles identified as DAPPIPODCR12 and CAPPIPHOCRAZ;
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`retractable cables identified as DAPPIPODDAI 5 and DAPPIPODDAT3; cables identified as
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`DAPPIPODDAT2, DAPPIPODDAT4, and DAPPIPODDAI 1; FM transmitters identified as '
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`DAPPIPODFMO5, DAPPIPODFM07, DAPPIPODFM08, DOTHXXXXFMIZ,
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`DOTHXXXXFMIS, DOTHXXXXFM17, DOTHXXXXFM19, DOTHXXXXFMZI, and
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`DOTHXXXXFM22; speaker systems identified as DAPPIPODSPKI and DOTHXXXXSP18;
`chargers identified as CAPPIPHOPHCI; backup batteries identified as CAPPIPHOLI02 and V
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`CAPPIPHOLI06; and AV adapters identified as CAPPIPHOADOI and CAPPIPHOADO8. Upon
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`information and belief, Defendant Everydaysource uses Apple’s registered trademarks U.S. Reg.
`
`Nos. 3,679,056 and 2,715,578 in connection with its advertising and sales, including sales of the
`
`aforementioned products.
`
`27.
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`Upon information and belief, Defendant United Integral distributes and/or sells
`
`various iPod®, iPhone® and/or iPadTM accessories in this District and elsewhere that are not
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`licensed or otherwise authorized by Apple, including, but not limited to: cables identified as AFL-
`
`1PD—3_5—RET, APL—[PD—EXT—ADPT, APL—IPD—USB—RET, APL-IPD-USB-STR-7CM, APL-IPD-
`
`USB-STR, APL-IPD-USB-STR—BLK, APL—IPH-AV—USB—STR—WHT, BNDL—APL—IPD-USE-
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`STR-BLK-X2, BNDL—APL-IPD-USB-STR-X2, BNDL-IPOD—CLAS—3ACRY-USB, and BNDL—
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`IPD—USBWALLC-ZACRY; chargers identified as APL-[PH-3G—CARC, APL-[PH-3G—CARC—
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`BLK, APL-[PH-3G-WALLC—BLK, APL-lPH—3GS—CARC, APL-[PH-3GS—WALLC, BNDL-[PD-
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`CARWALLC, APL—fl9D-WALLC, APL—IPD—CARC, APL—IPD—NAN-3G—AV-STR—WHT, BNDL—_
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`IPH-3G—CARWALLUSB, BNDL-[POD-CLAS—3ACRY-USB2, BNDL-IPH—3G—3ACRY—USB,
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`BNDL—lPH—3G-3ACRY-USB, and APL-IPH-3G-CARC; and
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`transmitters identified as APL—
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`IPH-FMTR-6lN1, APL—IPH—FMTR-6INl —WHT, FMTR-5]N 1-BLK, FMTR-5INl-WHT, and
`BNDL—]PD-TCH—8—ACRY. Upon information and belief, Defendant United Integral uses Apple’s,
`
`registered trademarks U.S. Reg. Nos. 3,679,056 and 2,715,578 in connection with its advertising
`
`and sales, including sales of the aforementioned products.
`
`28.
`
`Upon information and belief, Defendant Crazyondigital distributes and/or sells
`
`various iPod®, iPh0ne® and/or iPadTM accessories in this District and elsewhere that are not
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`iownsend.
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`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`8
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`_
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`'
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`

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`licensed or otherwise authorized by Apple, including, but not limited to: cables identified as
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`iPhoneSyncCable0l — ASIN, il’odSyncCable0l - ASINS, and iPodSyncRetractableCable0l —
`ASIN; chargers identified as iphone3 G_CAR__charger_ASIN; cradles identified as
`iPhone3G_Metal_CRADLfE-UPC and iPhone3G_Plastic_CRADLE; FM transmitters identified as
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`FM2in1BLK-iPl_1one_3G — ASIN, FM2in1BLK—iPhone‘_:;;G°- ASIN1, FMALLKIT_,
`FMALLKIT_LCD_ASlN4, i1§hone3G_FM2in113"iLr<’_i15-isf1§i‘5*,'FM2in1BLK-1Phone3G-U1>c,
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`FM2inlBLK-iPhone3GS—UPC_, FM4in1_iphone_NS — ASIN, FM8inl_ARM_R\_/008 — CrazyOD,
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`FM8in l _BLK_iphoneV3 GgUPC, iPh3 G_FM6inl_Remote, iPhonc_wiTRlP__FM_REMOTE —UPC,
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`iPhone3G_FM8inl BLK_ASlN, and iPhone3G_iTRIP_NEWO3REMOTE—Touch2G—UPC.
`
`29.
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`Upon information and belief, Defendant Boxwave distributes and/or sells various
`
`iPod®, iPhone® and/or iPadTM accessories in this District and elsewhere that are not licensed or
`
`otherwise authorized by Apple, including, but not limited to: cables identified as rniniSyncTM for
`
`Apple iPhone 3G and DirectSyncTM Cable for Apple iPhone 3G; chargers identified as Micro Car
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`’ Charger — Apple iPhone 3G and Wall Charger DirectTM for Apple iPhone 3G; and cradles identified
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`as Desktop Cradle — Apple iPhone 3G.
`
`30.
`
`As alleged further below, the various iPod®, iPhone® and/or iPadTM accessories
`
`offered by Defendants infringe Apple’s patent and trademark rights. By misappropriating Apple’s
`
`proprietary technology and designs, and by utilizing Apple’s registered word and design
`
`trademarks, Defendants are infringing on Apple’s intellectual property and are wrongfully and
`
`unfairly exploiting Apple’s name and reputation.
`
`FIRST CLAIM FOR RELIEF
`
`(Infringement of U.S. Patent No. 7,627,343)
`
`(Against All Defendants)
`
`31.
`
`32.
`
`Apple incorporates by reference paragraphs 1 through 30 above.
`
`On December 1, 2009, United States Patent 7,627,343 (“the ’343 patent” was
`
`_______,_.....
`
`duly and legally issuedifor an invention entitled: “Media Player System.” Apple is the assignee of
`
`the ’343 patent and continues to hold all rights and interest in the ’343 patent. A copy of the ’343
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`patent is attached hereto as Exhibit A.
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`:oWnsend.
`
`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`

`
`33.
`
`Defendants Eforcity, Accstation, Itfimming, Everydaysource, United Integral,
`
`Crazyondigital, and Boxwave have directly infringed and continue to directly infringe at least claim
`
`9 of the ’343 patent through their manufacture, use, sale, importation and/or offer for sale of
`
`unlicensed iPod®, iPhone® and/or iPadTM accessories including, but not limited to, the specific AV
`
`adapters, backup batteries, cables, chargers, cradles, FM transmitters, and speaker systems
`
`identified above with respect to each of said Defendants. Apple anticipates that additional
`
`infringing products will be found and will duly accuse such products as discovery progresses. Said
`
`Defendants’ advertisements and marketing materials, including but not limited to internet websites,
`
`encourage customers to infringe the ’343 patent through use of the identified products with the
`
`iPod®, iPhone® and/or iPadTM devices. The identified products are especially made or especially
`
`adapted for use with the iPod®, iPhone® and/or iPadTM devices in a manner that infringes the ’343
`
`patent, are not staple articles or commodities of commerce, and are not suitable for substantial
`
`noninfringing use.
`
`34.
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`Said Defendants’ infringement of the ’343 patent has caused and continues to cause
`
`damage to Apple in an amount to be determined at trial.
`
`35.
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`Said Defendants’ infringement as herein alleged will continue to cause immediate
`
`and irreparable harm to Apple for which there is no adequate remedy at law, unless this Court
`
`enjoins and restrains such activities.
`
`SECOND CLAIM FORT RELIEF
`
`(Infringement of U.S. Patent No. 7,305,506)
`
`(Against Defendants Bforcity, Accstation, Itrimming, Everydaysource, and Crazyondigital)
`
`36.
`
`37.
`
`Apple incorporates by reference paragraphs 1 through 30 above.
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`On December 4, 2007, United States Patent No. 7,305,506 (“the ’506 patent”) was
`
`duly and legally issued for an invention entitled: “Method and System for Transferring Status
`
`Information Between a Media Player and an Accessory.” Apple is the assignee of the ’506 patent
`
`and continues to hold all rights and interest in the ’506 patent. A copy of the ’506 patent is attached
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`hereto as Exhibit B. Apple filed a Request for Certificate of Correction of the ’506 patent in the
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`United States Patent and Trademark Office. When the Certificate of Correction issues, Apple will
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`townsend.
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`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`' 10 '
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`seek leave to amend this Complaint if necessary and appropriate.
`
`38.
`
`Defendants Eforcity, Accstation, Itrimming, Everydaysource, and Crazyondigital
`
`have directly infringed and continue to directly infringe at least claim 1 of the ‘S06 patent through
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`their manufacture, use, sale, importation and/or offer for sale of unlicensed iPod®, iPhone® and/or
`
`iPadTM accessories including, but not limited to, the specific cradles and FM transmitters identified
`
`above with respect to each of said Defendants. Apple anticipates that additional infringing products
`
`will be found and will duly accuse such products as discovery progresses. Said Defendants’
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`advertisements and marketing materials, including but not limited to internet websites, encourage
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`customers to infringe the ’506 patent through use of the identified products with the iPod®and/or
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`iPhone® devices. The identified products are especially made or especially adapted for use with the
`
`iPod® and/or iPhone® devices in a manner that infringes the ’506 patent, are not staple articles or
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`commodities of commerce, and are not suitable for substantial noninfringing use.
`
`39.
`
`Said Defendants’ infringement of the ’506 patent has caused and continues to cause
`
`damage to.Apple in an amount to be determined at trial.
`
`40.
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`Said Defendants’ infringement as herein alleged will continue to cause immediate
`
`and irreparable harm to Apple for which there is no adequate remedy at law, unless this Court
`
`enj oins and restrains such activities.
`
`THIRD CLAIM FOR RELIEF
`
`(Infringement of US. Patent No. 7,587,540)
`
`(Against Defendants Eforcity, Accstation, Itrimrning, Everydaysource, and Crazyondigital)
`
`41.
`
`Apple incorporates by reference paragraphs 1 through 30 above.
`
`42.
`On September 8, 2009, United States Patent No. 7,587,540 (“the ’540 patent”) was
`duly and legally issued for an invention entitled: “Techniques g Status Information
`
`Between an Accessory and a Multi-Communication Device.” Apple is the assignee of the ’54O
`
`patent and continues to hold all rights and interest in the ’54O patent. A copy of the ’540 patent is
`
`attached hereto as Exhibit C.
`
`43.
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`Defendants Eforcity, Accstation, Itrimming, Everydaysource, and Crazyondigital
`
`have directly infringed and continue to directly infringe at least claim 1 of the ’540 patent through
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`townsend.
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`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND U/NFAIR COMPETITION
`
`7 11 '
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`their manufacture, use, sale, importation and/or offer for sale of unlicensed iPod®, iPhone® and/or
`
`iPadTM accessories including, but not limited to, the specific cradles and FM transmitters identified
`
`above with respect to each of said Defendants‘ Apple anticipates that additional infringing products
`
`will be found and will duly accuse such products as discovery progresses. Said Defendants’
`
`advertisements and marketing materials, including but not limited to internet websites, encourage
`
`customers to infringe the ‘S40 patent through use of the identified products with the iPod® and/or
`
`iPhone® devices. The identified products are especially made or especially adapted for use with the
`
`iPod® and/or iPhone® devices in a manner that infringes the 540 patent, are not staple articles or
`
`commodities of commerce, and are not suitable for substantial noninfringing use.
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`44.
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`Said Defendants’ infringement of the ’540 patent has caused and continues to cause
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`damage to Apple in an amount to be determined at trial.
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`45.
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`Said Defendants’ infringement as herein alleged will continue to cause immediate
`
`and irreparable harm to Apple for which there is no adequate remedy at law, unless this Court
`
`enjoins and restrains such activities.
`
`FOURTH CLAIM FOR RELIEF
`
`(Infringement of U.S. Patent No. 7,590,783)
`
`(Against Defendants Eforcity, Accstation, Itrimming, Everydaysource, and Crazyondigital)
`
`46.
`
`47.
`
`Apple incorporates by reference paragraphs 1 through 30 above.
`
`On September 15, 2009, United States Patent No. 7,590,783 (“the ’783 patent”) was
`
`duly and legally issued for an invention entitled: “Method and System for Transferring Status \
`
`Information Between a Media Player and an Accessory.” Apple is the assignee of the ’783 patent
`
`and continues to hold all rights and interest in the ’783 patent. A copy of the ’783 patent is attached
`
`hereto as Exhibit D.
`
`48.
`
`Defendants Eforcity, Accstation, Itrimming, Everydaysource, and Crazyondigital
`
`have directly infringed and continue to directly infringe at least claim 1 of the ’783 patent through
`
`their manufacture, use, sale, importation and/or offer for sale of unlicensed iPod®, iPhone® and/or
`
`iPadTM accessories including, but not limited to, the specific cradles and FM transmitters identified
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`above with respect to each of said Defendants. Apple -anticipates that additional infringing products
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`:ownsend.
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`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`' 13 '
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`will be found and will duly accuse such products as discovery progresses. Said Defendants’
`advertisements and marketing materials, including but not limited to internet websites, encourage
`
`customers to infringe the ’783 patent through use of the identified products with the iPod® and/or
`
`iPhone® devices. The identified products are especially made or especially adapted for use with the
`
`iPod® and/or iPhone® devices in a manner that infringes the ’783 patent, are not staple articles or
`
`commodities of commerce, and are not suitable for substantial noninfringing use.
`
`49.
`
`Said Defendants’ infringement of the ’783 patent has caused and continues to cause
`
`damage to Apple in an amount to be determined at trial.
`
`50.
`
`Said Defendants’ infringement as herein alleged will continue to cause immediate
`
`and irreparable harm to Apple for which there is no adequate remedy at law, unless this Court
`
`enj oins and restrains such activities.
`
`FIFTH CLAIM FOR RELIEF
`
`(Infringement of US. Patent No. 7,529,870)
`
`(Against Defendants Eforcity, Accstation, Itrimming, Everydaysource, and Crazyondigital)
`
`51.
`
`52.
`
`Apple incorporates by reference paragraphs 1 through 30 above.
`
`On May 5, 2009, United States Patent No. 7,529,870 (“the ’870 patent”) was duly
`
`and legally issued for an invention entitled: “Communication Between an Accessory and a Media
`
`Player with Multiple Lingoes” Apple is the assignee of the ‘S70 patent and continues to hold all
`
`rights and interest in the ’870 patent. A copy of the ’870 patent is attached hereto as Exhibit E.
`
`Apple filed a Request for Certificate of Correction of the ’870 patent in the United States Patent and
`
`Trademark Office. When the Certificate of Correction issues, Apple will seek leave to amend this
`
`Complaint if necessary and appropriate.
`
`53.
`
`Defendants Eforcity, Accstation, Itrimming, Everydaysource, and Crazyondigital
`
`have directly infringed and continue to directly infringe at least claim 29 of the ’87O patent through
`
`their manufacture, use, sale, importation and/or offer for sale of unlicensed iPod®, iPhone® and/or
`
`iPadTM accessories including, but not limited to, the specific cradles and FM transmitters identified
`
`above with respect to each of said Defendants. Apple anticipates that additional infringing products
`
`will be found and will duly accuse such products as discovery progresses. Said Defendants’
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`fownsend.
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`COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK
`INFRINGEMENT AND UNFAIR COMPETITION
`
`— 13 '
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`

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`A advertisements and marketing materials, including but not limited to internet websites, encourage
`
`customers to infringe the ’87O patent through use of the identified products with the iPod® and/or.
`
`iPhone®devices. The identified products are especially made or especially adapted for use with the
`
`iPod® and/or iPhone® devices in a manner that infringes the ’870 patent, are not staple articles or
`
`commodities of commerce, and are not suitable for substantial noninfringing use.
`
`54.
`
`Defendants’ infringement of the ’870 patent has caused and continues to cause
`
`damage to Apple in an amount to be determined at trial.
`
`55.
`
`Defendants’ infringement as herein alleged will continue to cause immediate and
`
`irreparable harm to Apple for which there is no adequate remedy at law, unless this Court enjoins
`
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`and restrains such activities.
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`SIXTH CLAIM FOR RELIEF
`
`(Infringement of US. Patent No. 7,529,872)
`
`(Against Defendants Eforcity, Accstation, Itrimming, and Everydaysource)
`
`56.
`
`57.
`
`Apple incorporates by reference paragraphs 1 through 30 above.
`
`On May 5, 2009, United States Patent No. 7,529,872 (“the ’872 patent”) was duly
`
`and legally issued for an invention entitled: “Communication Between an Accessory and a Media
`
`Player Using a Protocol with Multiple Lingoes.” Apple is the assignee of the ’872 patent and
`
`continues to hold all rights and interest in the ’872 patent. A copy of the ’872 patent is attached
`
`hereto as Exhibit F.
`
`A
`
`5 8.
`
`Defendants Eforcity, Accstation, Itrimming, and Everydaysource have directly
`
`infiinged and continue to directly infringe at least claim 1 of the ’872 patent through their
`
`manufacture, use, sale, importation and/or offer for sale of unlicensed iPod®, iPhone® and/or
`
`iPadTM accessories including, but not limited to, the speci