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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page1 of 14
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`JOSH A. KREVITT (CA SBN 208552)
`jkrevitt@gibsondunn.com
`H. MARK LYON (CA SBN 162061)
`mlyon@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`1881 Page Mill Road
`Palo Alto, CA 94304-1211
`Telephone: (650) 849-5300
`Facsimile: (650) 849-5333
`
`MICHAEL A. JACOBS (CA SBN 111664)
`mjacobs@mofo.com
`RICHARD S.J. HUNG (CA SBN 197425)
`' rhung@mofo.com
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, California 94105-2482
`Telephone: (415) 268-7000
`Facsimile:
`8_7522
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`APPLE 1NC., a California corporation,
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`Plaintiff,
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`SAMSUNG ELECTRONICS CO., LTD., a
`Korean corporation; SAMSUNG '
`ELECTRONICS AMERICA, INC., a New
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`TELECOMMUNICATIONS AMERICA,
`LLC, a Delaware limited liability company,
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`Case No
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`JURY TRIAL DEMAND
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`PATENT
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`CV12-00630
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`Defendants.
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`APPLE INC.’S COMPLAINT
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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page2 of 14
`Case5:12—cv—OO630—LHK Documentl Fi|ed02/08/12 Pagez of 14
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`Plaintiff Apple Inc. (“Apple”) complains and alleges as follows against Defendants
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`Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
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`Telecommunications America, LLC (collectively “Samsung”).
`
`THE NATURE OF THE ACTION
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`1.
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`Apple revolutionized the market in personal computing devices. Apple’s iconic
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`mobile devices, including the iPhone and iPad, are now among the most distinctive and
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`successful products in the world. The revolutionary patented design and user experience of these
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`products are the result of Apple’s massive investment in innovation and have contributed to the
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`extraordinary acclaim and success of Apple’s products.
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`2.
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`Samsung has systematically copied Apple’s innovative technology and products,
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`features, and designs, and has deluged markets with infringing devices in an effort to usurp
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`market share from Apple. Instead of pursuing independent product development, Samsung
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`slavishly copied Apple’s innovative technology, with its elegant and distinctive user interfaces
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`product design, in violation of Apple’s valuable intellectual property rights.
`3.
`In April 2011, Apple sued Samsung in this Court for a previous round ofproducts
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`that infringe intellectual property rights related to Apple’s iPhone and iPad mobile devices:
`
`Apple Inc. V. Samsung Electronics C0,, Ltd., et al., Case No. 5:11-cv-01846-LHK, which is set for
`trial before the Honorable Lucy H. Koh on July 30, 2012 (hereinafter the “Earlier Case’;).
`
`Despite that lawsuit, Samsung has continued to flood the market with copycat products, including
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`at least eighteen new infringing products released over the last eight months. While Samsung’s
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`new products infringe many of the same design patents, utility patents, trademarks, and trade
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`dress rights that are at issue in the Earlier Case, Samsung’s new products also infringe additional
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`utility patents, some of which issued after Apple filed the Earlier Case.
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`4.
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`Apple is filing this suit to put an end to Samsung’s continued infringement.
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`5.
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`Apple is a California corporation having its principal place of business at 1 Infinite
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`THE PARTIES
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`Loop, Cupertino, California 95014.
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`APPLE INC.’S COMPLAINT
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`

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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page3 of 14
`Case5:12—cv—OO630—LHK Documentl Fi|ed02/08/12 Page3 of 14
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`6.
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`Samsung Electronics Co., Ltd. (referred to individually herein as “SEC”) is a
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`Korean corporation with its principal offices at 250, 2-ga, Taepyong-ro, Jung-gu, Seoul, 100-742,
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`South Korea. On information and belief, SEC is South Korea’s largest company and one of
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`Asia’s largest electronics companies. SEC designs, manufactures, and provides to the U.S. and
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`world markets a wide range of products, including consumer electronics, computer components,
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`and myriad mobile and entertainment products.
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`7.
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`Samsung Electronics America, Inc. (referred to individually herein as “SEA”) is a
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`New York corporation with its principal place of business at 85 Challenger Road, Ridgefield
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`Park, New Jersey 07660. On information and belief, SEA was formed in 1977 as a subsidiary of
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`SEC and markets, sells, and/or offers for sale a Variety of consumer electronics, including TVs,
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`VCRs, DVD and MP3 players, and video cameras, as well as memory chips and computer
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`accessories, such as printers, monitors, hard disk drives, and DVD/CD-ROM drives. On
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`information and belief, SEA also manages the North American operations of Samsung
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`Telecommunications America, Samsung Electronics Canada, and Samsung Electronics Mexico.
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`8.
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`Samsung Telecommunications America, LLC (referred to individually herein as
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`“STA”) is a Delaware limited liability company with its principal place of business at 1301 East
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`Lookout Drive, Richardson, Texas 75082. On information and belief, STA was founded in 1996
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`as a subsidiary of SEC and markets, sells, and/or offers for sale a variety of personal and business
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`communications devices in the United States, including cell phones.
`
`JURISDICTION
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`9.
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`This Court has subject matter jurisdiction under 28 U.S.C. § 1331 (federal
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`question) and 28 U.S.C. § 1338(a) (any Act of Congress relating tohpatents or trademarks).
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`10.
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`This Court has personal jurisdiction over SEC, SBA, and STA because each of
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`these Samsung entities has committed and continues to commit acts of infringement in violation
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`of 35 U.S.C. § 271 and places infringing products into the stream of commerce, with the
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`knowledge or understanding that such products are sold in the State of California, including in
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`this District. The acts by SEC, SBA, and STA cause injury to Apple within this District. Upon
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`information and belief, SEC, SEA, and STA derive substantial revenue from the sale of infringing
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`APPLE INC.’S COMPLAINT
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`

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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page4 of 14
`Case5:12—cv—OO630—LHK Documentl Fi|ed02/08/12 Page4 of 14
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`products within this District, expect their actions to have consequences within this District, and
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`derive substantial revenue from interstate and international commerce.
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`VENUE AND INTRADISTRICT ASSIGNMENT
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`11.
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`Venue is proper within this District under 28 U.S.C. § 1391(b) and (c) because
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`Sarnsung transacts business within this District and offers for sale in this District products that
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`infringe the Apple patents. In addition, venue is proper because Apple’s principal place of
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`business is in this District and Apple suffered harm in this District. Moreover, a substantial part
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`of the events giving rise to the claims occurred in this District. Pursuant to Local Rule 3-2(c),
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`intellectual property actions are assigned on a district-wide basis. Further, SEC has
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`counterclaimed against Apple in this District, and its accusations with respect to its purportedly
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`owned patents have had harmful effects in this District.
`
`BACKGROUND
`
`APPLE ’s INTELLECTUAL PROPERTY RIGHTS
`
`Apple’s Utility Patents
`
`12.
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`Apple has protected its innovative designs and cutting—edge technologies through a
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`broad range of intellectual property rights. Among the patents that Apple has been awarded are
`the utility patents listed below, attached as Exhibits 1-8, to which Apple owns all rights, title, and
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`interest. Four of these patents were issued after Apple filed the Earlier Case, and none is at issue
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`in that case.
`
`Patent Number
`
`Title
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`5,946,647 (the “’647 Patent”)
`
`System and method for performing
`an action on a structure in
`computer-generated data
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`6,847,959 (the “’959 Patent”)
`
`Universal interface for retrieval of
`_ formaf
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`8,046,721 (the “’72l Patent”)
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`Unlocking a device by performing gestures
`on an unlocki age
`In
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`8,074,172 (the “’ 1 72 Patent”)
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`Method, system, and graphical
`user interface for providing
`word recommendations
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`APPLE INc.’s COMPLAINT
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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page5 of 14
`Case5:12—cv—OO630—LHK Documentl Fi|ed02/08/12 Page5 of 14
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`Patent Number
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`Title
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`8,014,760 (the “’760 Patent”)
`
`Missed telephone call management for a
`portable multifunction device
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`5’666’502 (the “S02 Patent”)
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`Graphical user interface using historical
`lists w'th field classes
`1
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`7,761,414 (the “’414 Patent”)
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`Asynchronous data synchronization
`amongst d
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`ev
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`8,086,604 (the “’604 Patent”)
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`Universal interface for retrieval of
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`SAMSUNG’SINFRINGING PRODUCTS
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`13.
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`Rather than innovate and develop its own technology and a unique Samsung style
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`for its smart phone and tablet computer products, Samsung has chosen to copy Apple’s
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`technology, user interface, and innovative style in its phone, media player, and tablet computer
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`products.
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`14.
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`As detailed in the Amended Complaint in the Earlier Case, Samsung released a
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`series of products in 2010 and early 2011 that slavishly copied Apple’s iPhone, iPod, and iPad
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`products.
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`15.
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`Samsung continues to choose to infringe Apple’s patent rights through the design
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`and promotion of its mobile phones, tablet computers, and media players to trade upon the
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`goodwill that Apple has developed in connection with its Apple family of mobile products.
`
`16.
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`Beginning in August 2011 and continuing through December 2011, Samsung
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`released at least 17 new infringing smartphones, media players, and tablets. Specifically,
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`Samsung has imported into, offered for sale, or sold in the United States the following products,
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`each of which infringes Apple’s patent rights:
`
`the Galaxy S 11 Skyrocket, Galaxy S II Epic 4G
`
`Touch, Galaxy S 11 - T-Mobile, Galaxy S II - AT&T, Galaxy Nexus, Illusion, Captivate Glide,
`Exhibit II 4G, Stratosphere, Transform Ultra, Admire, Conquer 4G, and Dart smartphones, the
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`Galaxy Player 4.0 and Galaxy Player 5.0 media players, and the Galaxy Tab 7.0 Plus and Galaxy
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`Tab 8.9 tablets.
`
`APPLE INC.’S COMPLAINT
`
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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page6 of 14
`Case5:12—cv—OO630—LHK Documentl Fi|ed02/08/12 Page6 of 14
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`Infringement of Apple’s Patents
`
`17.
`
`Samsung’s infringement of the Apple utility patents identified in this Complaint
`
`provides Samsung with unique functionality for its products that is the result of Apple’s
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`innovation, not Samsung’s. Samsung has not obtained permission from Apple to use its
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`inventions in the identified utility patents.
`
`FIRST CLAIM FOR RELIEF
`
`jlnfringement of the ’647 Patent)
`
`18.
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`19.
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`Apple incorporates and realleges paragraphs 1 through 17 of this Complaint.
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`Samsung has infringed and continues to infringe, directly and indirectly through
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`contributory and/or induced infringement, one or more claims of the ’647 Patent by using, selling
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`and/or offering to sell in the United States and/or importing into the United States, one or more of
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`the Samsung products identified in this Complaint. Samsung’s infringing activities violate 35
`
`U.S.C. § 271.
`
`20.
`
`Apple is informed and believes, and on that basis alleges, that Samsung’s
`
`infringement of the ’647 Patent has been and continues to be intentional, willful, and without
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`regard to Apple’s rights. Apple is informed and believes, and on that basis alleges, that
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`Samsung’s infringementof the ’647 patent is and has been intentional, deliberate, and willful at
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`least because it had knowledge of the ’647 patent through direct or indirect communications with
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`Apple and/or as a result of its participation in the personal computing devices industry.
`21.
`Apple is informed and believes, and on that basis alleges, that Samsung has gained
`
`profits by virtue of its infiingement of the ’647 Patent.
`
`22.
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`Apple has sustained damages as a direct and "proximate result of Samsung’s
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`infringement of the ’647 Patent.
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`23.
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`Apple will suffer and is suffering irreparable harm from Samsung’s infringement
`
`of the ’647 Patent. Apple has no adequate remedy at law and is entitled to an injunction against
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`Samsung’s continuing infringement of the ’647 Patent. Unless enjoined, Samsung will continue
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`its infringing conduct.
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`APPLE lNC.’S COMPLAINT
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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page7 of 14
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`SECOND CLAIM FOR RELIEF
`
`glnfringement of the ’959 Patent}
`
`24.
`
`25.
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`Apple incorporates and realleges paragraphs 1 through 23 of this Complaint.
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`Samsung has infringed and continues to infringe, directly and indirectly through
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`contributory and/or induced infringement, one or more claims of the ’959 Patent by using, selling
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`and/or offering to sell in the United States and/or importing into the United States, one or more of
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`the Samsung products identified in this Complaint. Samsung’s infringing activities violate 35
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`U.S.C. § 271.
`26.
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`Apple is informed and believes, and on that basis alleges, that Samsung’s
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`infringement of the ’959 Patent has been and continues to be intentional, willful, and without
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`regard to Apple’s rights. Apple is informed and believes, and on that basis alleges, that
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`Samsung_’s infringement of the ’95 9 patent is and" has been intentional, deliberate, and willful at
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`least because it had knowledge of the ’959 patent through direct or indirect communications with
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`Apple and/or as a result of its participation in the personal computing devices industry.
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`27. _
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`Apple is infonned and believes, and on that basis alleges, that Samsung has gained
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`profits by virtue of its infringement of the ’959 Patent.
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`28.
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`Apple has sustained damages as a direct and proximate result of Sarnsung’s
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`infringement of the ’959 Patent.
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`29.
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`Apple will suffer and is suffering irreparable harm from Samsung’s infringement
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`of the ’959 Patent. Apple has no adequate remedy at law and is entitled to an injunction against
`Sarnsung’s continuing infringement of the ’959 Patent. Unless enjoined, Samsung will continue
`
`its infringing conduct.
`
`THIRD CLAIM FOR RELIEF
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`{Infringement of the ’721 Patent;
`
`30.
`
`31.
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`Apple incorporates and realleges paragraphs 1 through 29 of this Complaint.
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`Samsung has infringed and continues to infringe, directly and indirectly through
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`contributory and/or induced infringement, one or more claims of the ’72l Patent by using, selling
`
`and/or offering to. sell in the United States and/or importing into the United States, one or more of
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`APPLE INC.’S COMPLAINT
`
`

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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page8 of 14
`Case5:12—cv—OO630—LHK Documentl Fi|ed02/08/12 Pages of 14
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`the Samsung products identified in this Complaint. Samsung’s infringing activities violate 35
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`U.S.C. § 271.
`32.
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`Apple is informed and believes, and on that basis alleges, that Samsung’s
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`infringement of the ’72l Patent has been and continues to be intentional, willful, and without
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`regard to Apple’s rights. Apple is informed and believes, and on that basis alleges, that
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`Samsung’s infringement of the ’72l patent is and has been intentional, deliberate, and willful at
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`least because it had knowledge of the ’72l patent through direct or indirect communications with
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`Apple and/or as a result of its participation in the personal computing devices industry.
`33.
`Apple is informed and believes, and on that basis alleges, that Samsung has gained
`profits by virtue of its infringement of the 72] Patent.
`I
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`34.
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`Apple has sustained damages as a direct and proximate result of Samsung’s
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`infringement of the ’721 Patent.
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`35.
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`Apple will suffer and is suffering irreparable harm from Samsung’s infringement
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`of the ’72l Patent. Apple has no adequate remedy at law and is entitled to an injunction against
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`Samsung’s continuing infringement of the ’72l Patent. Unless enjoined, Samsung will continue
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`FOURTH CLAIM FOR RELIEF
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`flnfringement of the ’172 Patent[
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`36.
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`37.
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`Apple incorporates and realleges paragraphs 1 through 35 of this Complaint.
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`Samsung has infringed and continues to infringe, directly and indirectly through
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`contributory and/or induced infringement, one or more claims of the ’l72 Patent by using, selling
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`and/or offering to sell in the United States and/or importing into the United States, one or more of
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`the Samsung products identified in this Complaint. Sa.msung’s infringing activities violate 35
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`U.S.C. § 271.
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`38.
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`Apple is informed and believes, and on that basis alleges, that Samsung’s
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`infringement of the ’ 172 Patent has been and continues to be intentional, willful, and without
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`regard to Apple’s rights. Apple is informed and believes, and on that basis alleges, that
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`Samsur1g’s infringement of the ’172 patent is and has been intentional, deliberate, and willful at
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`APPLE INC.’S COMPLAINT
`
`

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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page9 of 14
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`least because it had knowledge of the ’172 patent through direct or indirect communications with
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`Apple and/or as a result of its participation in the personal computing devices industry.
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`39.
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`Apple is informed and believes, and on that basis alleges, that Samsung has gained
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`profits by virtue of its infringement of the ’ 172 Patent.
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`40. ' Apple has sustained damages as a direct and proximate result of Samsung’s
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`infringement of the ’ 172 Patent.
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`41.
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`Apple will suffer and is suffering irreparable harm from Samsung’s infringement
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`of the ’ 172 Patent. Apple has no adequate remedy at law and is entitled to an injunction against
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`Samsung’s continuing infringement of the ’ 172 Patent. Unless enjoined, Samsung will continue
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`its infringing conduct.
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`FIFTH CLAIM FOR RELIEF
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`glnfringementtof the ’760 Patent)
`
`42.
`
`43.
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`Apple incorporates and realleges paragraphs 1 through 41 of this Complaint.
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`Samsung has infringed and continues to infringe, directly and indirectly through
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`contributory and/or induced infringement, one or more claims of the ’760 Patent by. using, selling
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`and/or offering to sell in the United States and/or importing into the United States, one or more of
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`the Samsung products identified in this Complaint. Samsung’s infringing activities violate 35
`
`U.S.C. § 271.
`44.
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`Apple is informed and believes, and on that basis alleges, that Samsung’s
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`infringement of the ’760 Patent has been and continues to be intentional, willful, and without
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`regard to Apple’s rights. Apple is informed and believes, and on that basis alleges, that
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`Samsung’s infringement of the ’760 patent is and has been intentional, deliberate, and willful at
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`45.
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`Apple is informed and believes, and on that basis alleges, that Samsung has gained
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`profits by virtue of its infringement of the ’760 Patent.
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`46.
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`Apple has sustained damages as a direct and proximate result of Samsung’s
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`infringement of the ’760 Patent.
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`APPLE INC.’s COMPLAINT
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`47.
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`Apple will suffer and is suffering irreparable harm from Samsung’s infringement
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`of the ’760 Patent. Apple has no adequate remedy at law and is entitled to an injunction against
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`Samsung’s continuing infringement of the ’760 Patent. Unless enjoined, Samsung will continue
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`its infringing conduct.
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`SIXTH CLAIM FOR RELIEF
`
`glnfringement of the ’502 Patent)
`
`48.
`
`49.
`
`Apple incorporates and realleges paragraphs 1 through 47 of this Complaint.
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`Samsung has infringed and continues to infringe, directly and indirectly through
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`contributory and/or induced infringement, one or more claims of the ’502 Patent by using, selling
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`and/or offering to sell in the United States and/or importing into the United States, one or more of
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`the Samsung products identified in this Complaint. Samsung’s infringing activities violate 35
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`U.S.C. § 271.
`50.
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`Apple is informed and believes, and on that basis alleges, that Samsung’s
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`infringement of the ’502 Patent has been and continues to be intentional, willful, and without
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`regard to Apple’s rights. Apple is informed and believes, and on that basis alleges, that
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`Samsung’s infringement of the ’502 patent is and has been intentional, deliberate, and willful at
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`least because it had knowledge of the ’502 patent through direct or indirect communications with
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`Apple and/or as a result of its participation in the personal computing devices industry.
`
`51.
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`Apple is informed and believes, and on that basis alleges, that Samsung has gained
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`profits by virtue of its infringement of the ’502 Patent.
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`52.
`
`Apple has sustained damages as a direct and proximate result of Samsung’s
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`infringement of the ’502 Patent.
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`53.
`
`Apple will suffer and is suffering irreparable harm from Samsung’s infringement
`
`of the ’502 Patent. Apple has no adequate remedy at law and is entitled to an injunction against
`
`Samsung’s continuing infringement of the ’502 Patent. Unless enjoined, Samsung will continue
`
`its infringing conduct.
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`APPLE INC.’S COMPLAINT
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`SEVENTH CLAIM FOR RELIEF
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`jlnfringement of the ’414 Patent)
`
`54.
`
`55.
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`Apple incorporates and realleges paragraphs 1 through 53 of this Complaint.
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`Samsung has infringed and continues to infringe, directly and indirectly through
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`contributory and/or induced infringement, one or more claims of the ’4l4 Patent by using, selling
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`and/or offering to sell in the United States and/or importing into the United States, one or more of
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`the Samsung products identified in this Complaint. Samsung’s infringing activities violate 35
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`U.S.C. § 271.
`
`56.
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`Apple is informed and believes, and on that basis alleges, that Samsung’s
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`infringement of the ’4l4 Patent has been and continues to be intentional, willful, and without
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`regard to Apple’s rights. Apple is informed and believes, and on that basis alleges, that
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`Samsung’s infringement of the ’4l4 patent is and has been intentional, deliberate, and willful at
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`least because it had knowledge of the ’414 patent through direct or indirect communications with
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`Apple and/or as a result of its participation in the personal computing devices industry.
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`57.
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`Apple is informed and believes, and on that basis alleges, that Samsung has gained
`
`profits by virtue of its infringement of the ’4l4 Patent.
`
`58.
`
`Apple has sustained damages as a direct and proximate result of Samsung’s
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`infringement of the ’4l4 Patent.
`
`59.
`
`Apple will suffer and is suffering irreparable harm from Samsung’s infringement
`
`of the ’4l4 Patent. Apple has no adequate remedy at law and is entitled to an injunction against
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`Samsung’s continuing infringement of the ’414 Patent. Unless enjoined, Samsung will continue
`
`its infringing conduct.
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`EIGHTH CLAIM FOR RELIEF
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`glnfringement of the ’604 Patent}
`
`60.
`
`61.
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`Apple incorporates and realleges paragraphs 1 through 59 of this Complaint.
`
`5
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`Samsung has infringed and continues to infringe, directly and indirectly through
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`contributory and/or induced infiingement, one or more claims of the ’604 Patent by using, selling
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`and/or offering to sell in the United States and/or importing into the United States, one or more of
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`APPLE INC.’S COMPLAINT
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`

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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page12 of 14
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`the Samsung products identified in this Complaint. Samsung’s infringing activities violate 35
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`U.S.C. § 271.
`
`62.
`
`Apple is informed and believes, and on that basis alleges, that Samsung’s
`
`infringement of the ’604 Patent has been and continues to be intentional, willful, and without
`
`regard to Apple’s rights. Apple is informed and believes, and on that basis alleges, that
`Samsung’s infringement ofthe ’604 patent is and has been intentional, deliberate, and willful at
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`least because it had knowledge of the ’604 patent through» direct or indirect communications with
`
`Apple and/or as a result of its participation in the personal computing devices industry.
`63.
`Apple is informed and believes, and on that basis alleges, that Samsung has gained
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`profits by virtue of its infringement of the ’604 Patent.
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`64.
`
`Apple has sustained damages as a direct and proximate result of Samsung’s
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`infringement of the ’604 Patent.
`
`65.
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`Apple will suffer and is suffering irreparable harm from Samsung’s infringement
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`‘ of the ’604 Patent. Apple has no adequate remedy at law and is entitled to an injunction against
`
`Samsung’s continuing infringement of the ’604 Patent. Unless enjoined, Samsung will continue
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`its infringing conduct.
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`. PRAYER FOR RELIEF
`
`WHEREFORE, Apple prays for relief, as follows:
`
`1.
`
`2.
`
`A judgment that each of Apple’s asserted patents is valid and enforceable;
`
`A judgment that Samsung has infringed, contributorily infringed, and/or induced
`
`infringement of one of more claims of each of Apple’s asserted patents;
`
`3.
`
`An order and judgment preliminarily and permanently enjoining Samsung and its
`
`officers, directors, agents, servants, employees, affiliates, attorneys, and all others acting in
`
`privity or in concert with them, and their parents, subsidiaries, divisions, successors and assigns
`
`from further acts of infringement of Apple’s asserted patents;
`
`4.
`
`A judgment awarding Apple all damages adequate to compensate for Sa.msung’s
`
`infringement of Apple’s asserted patents, and in no event less than a reasonable royalty for
`
`APPLE INC.’s COMPLAINT
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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page13 of 14
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`Samsung’s acts of infringement, including all pre-judgment and post-judgment interest at the
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`maximum rate permitted by law;
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`5.
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`A judgment awarding Apple all damages, including treble damages, based on any
`
`infringement found to be willful, pursuant to 35 U.S.C. § 284, together with prejudgment interest;
`
`6.
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`A judgment awarding Apple all of Samsung’s profits, pursuant to 35 U.S.C. § 289
`
`together with prejudgment interest;
`
`7.
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`Actual damages suffered by Apple as a result of Samsung’s unlawful conduct, in
`
`an amount to be proven at trial, as well as prejudgment interest as authorized by law;
`
`8.
`
`A judgment that this is an exceptional case and an award to Apple of its costs and
`
`reasonable attorneys’ fees incurred in this action as provided by 35 U.S.C. § 285; and
`
`9.
`
`Such other relief as this Court deems just and proper.
`
`EEMAND FOR JURY TRIAL
`
`- Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Apple hereby demands
`
`trial by jury on all issues raised by the Complaint.
`
`\OOO\]O\U1-B
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`APPLE lNC.’S COMPLAINT
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`

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`Case5:12-cv-00630-LHK Document1 Filed02/08/12 Page14 of 14
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`Dated: February
`
`, 2012
`
`GIBSON DUNN & RUTCHER LLP
`
`
`
`Attorneysfor PlaintiffApple Inc.
`
`1
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`APPLE INc.’s COMPLAINT