Case 2:15-cv-01475-JRG Document 1 Filed 09/03/15 Page 1 of 5 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CARNITION LLC,
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`Plaintiff,
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`v.
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`APPLE INC.,
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`Defendant.
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`CIVIL ACTION NO. 2:15-cv-1475
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`Plaintiff Carnition LLC (“Plaintiff”), by and through its undersigned counsel, files this
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`Original Complaint against Defendant Apple Inc. (“Defendant”) as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement of United States Patent No. 7,428,707 (“the
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`‘707 patent”) entitled “Customizable Web Site Access System and Method Therefore”. A true
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`and correct copy of the ‘707 Patent is attached hereto as Exhibit A. Plaintiff is the owner by
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`assignment of the ‘707 patent. Plaintiff seeks monetary damages.
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`PARTIES
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`2.
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`Plaintiff is a limited liability company organized and existing under the laws of the
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`State of Texas. Plaintiff maintains its principal place of business at 8992 Preston Road, Suite 110-
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`245, Frisco, Texas 75034.
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`3.
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`Upon information and belief, Defendant is a corporation organized and existing
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`under the laws of the State of California, with its principal place of business at 1 Infinite Loop,
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`Cupertino, California 95014. Defendant can be served with process through its registered agent
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`CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
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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, 35 U.S.C. § 1 et seq.,
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`including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter jurisdiction
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`over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
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`5.
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`The Court has personal jurisdiction over Defendant because: Defendant is present
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`within or has minimum contacts within the State of Texas and the Eastern District of Texas;
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`Defendant has purposefully availed itself of the privileges of conducting business in the State of
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`Texas and in the Eastern District of Texas; Defendant has sought protection and benefit from the
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`laws of the State of Texas; Defendant regularly conducts business within the State of Texas and
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`within the Eastern District of Texas; and Plaintiff’s cause of action arises directly from
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`Defendant’s business contacts and other activities in the State of Texas and in the Eastern District
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`of Texas.
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`6. More specifically, Defendant, directly and/or through intermediaries, ships,
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`distributes, uses, offers for sale, sells, and/or advertises products and services in the United States,
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`the State of Texas, and the Eastern District of Texas including but not limited to the infringing
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`products and services as detailed below. Upon information and belief, Defendant has committed
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`patent infringement in the State of Texas and in the Eastern District of Texas. Defendant solicits
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`and has solicited customers in the State of Texas and in the Eastern District of Texas. Defendant
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`has paying customers who are residents of the State of Texas and the Eastern District of Texas and
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`who each use and have used the Defendants’ products and/or services in the State of Texas and in
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`the Eastern District of Texas.
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`7.
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`Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. §§ 1391 and
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`1400(b). On information and belief, Defendant has transacted business in this district, and has
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`directly committed acts of patent infringement in this district.
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`COUNT I – PATENT INFRINGEMENT
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`8.
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`9.
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`Plaintiff refers to and incorporates herein the allegations of Paragraphs 1-7 above.
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`The ‘707 patent was duly and legally issued by the United States Patent and
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`Trademark Office on September 23, 2008 after full and fair examination. Plaintiff is the owner by
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`assignment of the ‘707 patent and possesses all rights of recovery under the ‘707 patent, including
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`the exclusive right to sue for infringement and recover past damages.
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`10.
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`Defendant owns, uses, operates, advertises, controls, sells, and otherwise provides
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`products and/or services that infringe the ‘707 patent. The ‘707 patent provides, among other
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`things, “A computer-implemented auto-composing web site access system, comprising: a
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`composer, wherein said computer composes a web slide show presentation through automatic
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`extraction of web page details from a desired web page, wherein said web page details include one
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`or more of the following: a plurality of hyperlinks found within the desired web page that provides
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`a plurality of URLs, a presentation/rendition text file within the desired web page that provides a
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`plurality of URLs, a meta tag within the desired web page that provides a plurality of URLs; and
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`a performer, wherein said performer displays said web slide show presentation in order of the
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`plurality or URLs provided by the extracted web page details.”
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`11.
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`Defendant directly and/or through intermediaries, made, has made, used, imported,
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`provided, supplied, distributed, sold, and/or offered for sale products and/or services that infringed
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`one or more claims of the ‘707 patent in this district and elsewhere in the United States.
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`Particularly, the Apple MacBook proposal presentation system on Defendant’s website,
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`www.apple.com, utilizes a composer to automatically extract webpage details. By making, using,
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`importing, offering for sale, and/or selling such products and services, and all like products and
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`services, Defendant has injured Plaintiff and is thus liable for infringement of the ‘707 patent
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`pursuant to 35 U.S.C. § 271.
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`12.
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`Defendant’s aforesaid activities have been without authority and/or license from
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`Plaintiff.
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`13.
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`In addition to what is required for pleadings under Form 18 for direct infringement
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`in patent cases, and to the extent any marking was required by 35 U.S.C. § 287, Plaintiff and all
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`predecessors in interest to the ‘707 Patent complied with all marking requirements under 35 U.S.C.
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`§ 287.
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`14.
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`Plaintiff is entitled to recover from Defendant the damages sustained by Plaintiff as
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`a result of the Defendant’s wrongful acts in an amount subject to proof at trial, which, by law,
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`cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court
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`under 35 U.S.C. § 284.
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`JURY DEMAND
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`Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
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`Procedure.
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`PRAYER FOR RELIEF
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`Plaintiff respectfully requests that the Court find in its favor and against Defendant, and
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`that the Court grant Plaintiff the following relief:
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`A.
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`An adjudication that one or more claims of the ‘707 patent have been infringed,
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`either literally and/or under the doctrine of equivalents, by Defendant;
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`B.
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`An award to Plaintiff of damages adequate to compensate Plaintiff for the
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`Defendant’s acts of infringement together with pre-judgment and post-judgment
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`interest;
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`C.
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`Any further relief that this Court deems just and proper.
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`Dated: September 3, 2015
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` Respectfully submitted,
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`By: /s/ Austin Hansley
`AUSTIN HANSLEY P.L.L.C.
`Austin Hansley
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`Texas Bar No.: 24073081
`Brandon LaPray
`Texas Bar No.: 24087888
`5050 Quorum Dr. Suite 700
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`Dallas, Texas 75254
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`Telephone:
`(469) 587-9776
`Facsimile:
`(855) 347-6329
`Email: Austin@TheTexasLawOffice.com
`Email: Brandon@TheTexasLawOffice.com
`www.TheTexasLawOffice.com
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`ATTORNEYS FOR PLAINTIFF
`CARNITION LLC
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`5
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