Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket 08/15/2019 Page 1 of 23
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`Plaintiff,
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`v.
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`APPLE INC.,
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`CORELLIUM, LLC,
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`
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`Case No.__________________
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`
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`Defendant.
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`COMPLAINT AND DEMAND FOR JURY TRIAL
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`1.
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`Plaintiff Apple Inc. (“Apple”) brings this complaint against Corellium, LLC
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`(“Corellium”) for copyright infringement in violation of 17 U.S.C. § 501.
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`INTRODUCTION
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`2.
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`This is a straightforward case of infringement of highly valuable copyrighted
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`works. Corellium’s business is based entirely on commercializing the illegal replication of the
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`copyrighted operating system and applications that run on Apple’s iPhone, iPad, and other Apple
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`devices. The product Corellium offers is a “virtual” version of Apple mobile hardware products,
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`accessible to anyone with a web browser. Specifically, Corellium serves up what it touts as a
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`perfect digital facsimile of a broad range of Apple’s market-leading devices—recreating with
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`fastidious attention to detail not just the way the operating system and applications appear
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`visually to bona fide purchasers, but also the underlying computer code. Corellium does so with
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`no license or permission from Apple.
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`3.
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`Corellium’s conduct plainly infringes Apple’s copyrights. This is not a case in
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`which it is questionable or unclear whether the defendant reproduced the rights-owner’s works,
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`or more subtly, whether particular portions of the works that the defendant took are ultimately
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`Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket 08/15/2019 Page 2 of 23
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`protected by federal copyright law. Instead, Corellium has simply copied everything: the code,
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`the graphical user interface, the icons—all of it, in exacting detail.
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`4.
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`Corellium explicitly markets its product as one that allows the creation of
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`“virtual” Apple devices. For a million dollars a year, Corellium will even deliver a “private”
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`installation of its product to any buyer. There is no basis for Corellium to be selling a product
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`that allows the creation of avowedly perfect replicas of Apple’s devices to anyone willing to pay.
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`5.
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`Although Corellium paints itself as providing a research tool for those trying to
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`discover security vulnerabilities and other flaws in Apple’s software, Corellium’s true goal is
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`profiting off its blatant infringement. Far from assisting in fixing vulnerabilities, Corellium
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`encourages its users to sell any discovered information on the open market to the highest bidder.
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`6.
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`Apple strongly supports good-faith security research on its platforms, and has
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`never pursued legal action against a security researcher. Not only does Apple publicly credit
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`researchers for reporting vulnerabilities, it has created several programs to facilitate such
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`research activity so that potential security flaws can be identified and corrected. Apple’s
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`programs include providing as much as $1 million per report through “bug bounty” programs.
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`Apple has also announced that it will provide custom versions of the iPhone to legitimate
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`security researchers to allow them to conduct research on Apple devices and software. These
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`efforts recognize the critical role that members of the security research community play in
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`Apple’s efforts to ensure its devices contain the most secure software and systems available.
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`7.
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`The purpose of this lawsuit is not to encumber good-faith security research, but to
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`bring an end to Corellium’s unlawful commercialization of Apple’s valuable copyrighted works.
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`Accordingly, Apple respectfully seeks an injunction, along with the other remedies described
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`below, to stop Corellium’s acts of naked copyright infringement.
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`Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket 08/15/2019 Page 3 of 23
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`THE PARTIES
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`8.
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`Apple Inc. is a California corporation with its principal place of business at One
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`Apple Park Way, Cupertino, California 95014.
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`9.
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`On information and belief, Corellium, LLC is a limited liability company
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`registered in Delaware with its principal place of business at 630 George Bush Blvd., Delray
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`Beach, Florida 33483.
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`JURISDICTION AND VENUE
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`10.
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`Pursuant to 28 U.S.C. § 1338(a), this Court has subject matter jurisdiction over
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`Apple’s claims for relief for violations of the federal copyright statute.
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`11.
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`This Court has personal jurisdiction over Corellium because it resides, maintains
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`offices, and conducts business in this State.
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`12.
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`Venue in this Court is proper under 28 U.S.C. § 1400(a). Corellium resides in
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`this District because its principal place of business is located in this District.
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`FACTS COMMON TO ALL CLAIMS FOR RELIEF
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`
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`Apple’s Copyrighted Works
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`13.
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`Apple is a leading designer and manufacturer of mobile communication devices,
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`personal computers, and media devices. Apple sells a variety of related software, services,
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`accessories and third-party digital content and applications. Apple’s products and services
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`include iPhone®, Mac®, iPad®, Apple Watch®, AirPods®, AppleTV®, HomePod™, a
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`portfolio of consumer and professional software applications, iOS, iPadOS™, macOS®,
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`watchOS® and tvOS® operating systems, iCloud®, Apple Pay® and a variety of accessory,
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`service and support offerings. Apple sells and delivers digital content through the iTunes
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`Store®, App Store®, Mac App Store, TV App Store, Book Store and Apple Music®. Apple has
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`created numerous innovative technologies that have changed the face of the computer and
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`telecommunications industries.
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`14.
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`One such technology is the iOS operating system. iOS comes pre-installed on
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`Apple mobile devices, including the iPhone, iPad, and iPod Touch. As the operating system for
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`these mobile devices, iOS is the technological foundation for software “application” programs
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`(or “apps”) that serve particular functions for end-users—from shopping to playing music and
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`beyond. Both Apple and third-party programmers write and develop apps that run on iOS.
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`15.
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`Apple has periodically created and released new versions of iOS to enhance the
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`functionality and security of the operating system and the devices it runs. Apple released the
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`latest major version of iOS, iOS 12, on September 17, 2018, to coincide with its release of the
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`latest versions of the iPhone—iPhone XS and iPhone XS Max (both of which Apple released on
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`September 21, 2018), and iPhone XR (which Apple released on October 26, 2018).
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`16.
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`Apple also pre-installs iTunes® on its iOS devices. Apple has continually
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`updated and released new versions of iTunes.
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`17.
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`In addition to an operating system and certain applications, Apple’s mobile
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`devices include a number of graphic design elements that Apple has created. These include
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`background wallpaper images, icons, and other features that make iOS and iTunes visually
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`attractive to consumers. These visual design elements (referred to here as “graphical user
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`interface elements,” or, more formally, “GUI Elements”) are critical to the appeal of Apple’s
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`products, and Apple continually updates them to account for design trends and changing tastes.
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`18.
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`Apple owns copyrights in (i) each version of iOS, (ii) each version of iTunes, and
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`(iii) the GUI Elements, including different versions of graphic icons and preinstalled background
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`wallpaper images. A list of copyright registrations for the works-in-suit is provided in Exhibit A.
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`Apple registered all or virtually all of these copyrights with the U.S. Copyright Office either
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`prior to Corellium’s acts of infringement, or within three months of publication.
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`19.
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`Three additional features of Apple’s products are relevant to this action. First, in
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`the course of creating and upgrading its market-leading mobile devices, Apple has spent
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`significant resources developing elaborate security measures within iOS in order to protect its
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`customers’ data, including embedding security features in the hardware, firmware, and software
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`layers of iOS and the mobile products on which iOS is installed. To this day, Apple continues to
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`invest significant resources in researching and improving the security measures in its products.
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`20.
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`Second, Apple sells a service called the Apple Developer Program for $99 per
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`year. The Apple Developer Program provides third-party developers with access to a range of
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`Apple-created software development tools that allow the creation and testing of iOS apps. An
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`example is TestFlight®, a development tool which allows app developers to publish “beta”
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`versions of their apps to testers, who can then download and test the app for a limited period of
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`time.
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`21.
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`Third, Apple also distributes a software product called Xcode® that allows app
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`developers to create and test iOS apps. Among the features of Xcode is one called “Simulator,”
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`which gives an app developer the ability to test the app on a “virtual” iOS device. In addition,
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`Xcode makes it possible to test apps on actual physical Apple devices. Although Xcode is
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`provided without charge, use of the software requires agreement to specific and detailed terms
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`and conditions of use, including agreement not to use Xcode to “decompile, reverse engineer,
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`disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of”
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`Apple-created software.
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`22.
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`Through Apple’s massive investments and unparalleled innovation, iOS has
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`Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket 08/15/2019 Page 6 of 23
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`become one of the most widely used and distributed mobile operating systems in the world.
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`Apple’s mobile products continue to lead the field, with billions of units sold.
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`
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`Corellium’s Infringing Product
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`23.
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`Corellium has developed a product that creates exact digital replicas of Apple’s
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`iOS, iTunes, and GUI Elements (referred to here as the “Corellium Apple Product”), available
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`via either Corellium’s web-based platform or a privately installed, Corellium-provided platform.1
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`24.
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` The sole function of the Corellium Apple Product is to enable the creation of
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`“virtual” iOS-operated devices, running unauthorized copies of iOS. Images and video of the
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`Corellium Apple Product available online unambiguously demonstrate Corellium’s blatant
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`copying of Apple’s copyrighted works. For example, the following images show, on the left, an
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`image of an iPhone X taken from Apple’s website, and on the right, a “virtual” iPhone X as
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`created within the Corellium Apple Product.
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`1 References to the “Corellium Apple Product” refer only to products that create virtual
`versions of iOS-operated devices. This case does not raise claims regarding Corellium-
`created products that are based on other mobile operating systems.
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`25.
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`Corellium openly admits that its product depends on copying of Apple’s
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`content—i.e., Apple’s copyrighted works. For instance, in January 2018, Corellium published a
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`post on its official Twitter account announcing the Corellium Apple Product, noting that the
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`product “enables us to run virtual iPhones in the cloud,” and features the ability to “[r]un any
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`version of iOS.”
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`26.
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`In August 2019, Corellium specifically emphasized, at the international
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`cybersecurity Black Hat USA Conference, that the Corellium Apple Product is an exact copy of
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`Apple’s copyrighted works, designed specifically to allow researchers and hackers to research
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`and test their vulnerabilities, by “run[ing] real iOS – with real bugs that have real exploits.” In
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`other words, the Corellium Apple Product is designed to enable developers to find and exploit
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`flaws in iOS.
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`27.
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`Corellium acts quickly to copy new versions of Apple’s copyrighted works
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`immediately after they are released. On September 27, 2018, within days of the announcement
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`Apple’s newest iPhone models (iPhone XR, iPhone XS, and iPhone XS Max), Corellium posted
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`on its official Twitter account that the Corellium Apple Product supported those new devices
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`with the newest version of the iOS operating system.
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`
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`28.
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`Other images available online show the ease with which Corellium’s customers
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`can create new “virtual” iOS devices using the Corellium Apple Product. The following series
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`of images show the steps a user would take in the Corellium Apple Product to create a new
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`virtual iPhone X, with a fully functioning copy of iOS 12:
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`A. The Corellium Apple Product allows a user to pick a specific type of device to
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`create a virtual version of. The image below provides the option to copy an iPhone 7 Plus,
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`iPhone 8, iPhone 8 Plus, or iPhone X.
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`B. Next, the user selects a version of iOS to install on the virtual device.
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`C. On information and belief, the Corellium Apple Product then downloads a copy of
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`the appropriate version of iOS from Apple’s servers and makes it available through Corellium’s
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`virtual environment.
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`D. The Corellium Apple Product can then display to users, via Corellium’s web-based
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`platform or on a privately installed, Corellium-provided platform, a fully functioning, virtual
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`iPhone that looks identical to an actual iPhone.
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`29.
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`Once a user has created a “virtual” iPhone, the Corellium Apple Product allows a
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`user to make multiple copies of that virtual device, and thus multiple copies of the version of iOS
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`installed thereon. As a result, on information and belief, Corellium’s servers are hosting
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`numerous copies of iOS.
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`30.
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`On information and belief, the “virtual” iOS devices created by Corellium include
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`fully functioning versions of iOS and iTunes.
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`31.
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`Far from being a product whose uses are limited to those with some salutary
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`purpose, Corellium’s knock-offs, according to a February 2018 Forbes article, allow customers
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`to try “whatever they want,” without regard to whether such activities are benign or malicious,
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`on a virtual version of Apple’s devices.2 That article was evidently based on interviews with
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`Corellium’s founders, Amanda Gorton, Chris Wade, and David Wang, and demonstrations of the
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`Corellium Apple Product.
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`32.
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`According to the Forbes article, Ms. Gorton demonstrated that a “virtual” iPhone
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`6—that is, a full reproduction of Apple’s iOS, iTunes, and GUI Elements—could be created “in
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`a matter of minutes” using the Corellium Apple Product. The Forbes article also noted that the
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`product can make virtual copies of “almost all iOS devices currently on the market.”
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`33.
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`The Forbes article, and a separate article in Motherboard from the same month,
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`both described a company called Azimuth Security as Corellium’s “first customer.” The
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`Motherboard article reported that Azimuth sells a range of tools that exploit flaws in software.
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`Azimuth’s customers reportedly include foreign governments, including foreign intelligence
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`agencies.3 Another Motherboard article from March 2019 described Corellium as “a startup that
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`sells a product that allows users to create virtual instances of almost any iOS device in the
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`2 Thomas Brewster, This Super Stealth Startup Built An Apple Hacker’s Paradise, Forbes
`(Feb. 15, 2018), https://www.forbes.com/sites/thomasbrewster/
`2018/02/15/corellium-virtual-apple-iphones-for-hacking/#343d11b94a3b.
`3 Joseph Cox and Lorenzo Franceschi-Bicchierai, How A Tiny Startup Became The Most
`Important Hacking Shop You’ve Never Heard Of, Motherboard Vice (Feb. 7, 2018),
`https://motherboard.vice.com/en_us/article/8xdayg/iphone-zero-days-inside-azimuth-
`security.
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`world,” and reports that Mr. Wade “has gotten his hands on” Apple-internal development
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`iPhones.4
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`34.
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`In July 2018, Mr. Wade posted on his Twitter account that the Corellium Apple
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`Product would be available for use at two training courses held at the Black Hat USA
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`Conference in August 2018: one titled “Offensive Mobile Exploitation & Reversing,” and the
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`other, “The Mobile Application Hacker’s Handbook: Live Edition.” Mr. Wade’s tweet was
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`retweeted by Corellium’s official Twitter account.
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`35.
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`In September 2018, Mr. Wade appeared on a podcast called “Risky Business” that
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`described the Corellium Apple Product as being marketed to the developers of software
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`“exploits”—that is, developers of code intended to exploit flaws in a third-party digital product.
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`During the podcast, Mr. Wade observed that, if anyone is able to develop a particular type of
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`exploit of iOS 12, “they might want to keep it to themselves, because it will be worth a lot of
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`money to a lot of people.”
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`36.
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`On information and belief, the very next month, at the Tencent Security
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`Conference, Mr. Wade stated that, for $1 million per year, entities will be able to license private
`
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`4 Lorenzo Franceschi-Bicchierai, The Prototype iPhones That Hackers Use to Research
`Apple’s Most Sensitive Code, Motherboard Vice (Mar. 6, 2019),
`https://www.vice.com/en_us/article/gyakgw/the-prototype-dev-fused-iphones-that-
`hackers-use-to-research-apple-zero-days.
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`Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket 08/15/2019 Page 14 of 23
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`installations of the Corellium Apple Product. This entails installing a full version of the
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`Corellium Apple Product on a customer’s premises, rather than simply giving the customer
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`access to Corellium’s own cloud-based product. Such private installations of the Corellium
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`Apple Product copy, modify, and display Apple’s copyrighted works.
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`37.
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`On January 22, 2019, Corellium took its public communications about its
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`flagrantly illegal activities even further, announcing on its official Twitter account that it was
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`offering “on-site solutions” as an alternative to purchasing “jailbroken iPhones on eBay.”
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`On April 1, 2019, Corellium again highlighted the unlawful ends to which its
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`38.
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`product is aimed by publicly acknowledging that it had given access to its platform to the
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`developers of an iOS exploit called “unc0ver,” so the developers could test the exploit “on any
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`device running any firmware.” Within weeks, those developers released a new exploit of
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`iOS 12.5
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`5 Github, v3.0.0 Release, posted by pwn20wndstuff, https://github.com/pwn20wndstuff/
`Undecimus/releases (April 19, 2019).
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`On information and belief, Corellium makes no effort whatsoever to confine use
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`39.
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`of its product to good-faith research and testing of iOS. Nor does Corellium require its users to
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`disclose any software bugs they find to Apple, so that Apple may correct them. Instead,
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`Corellium is selling a product for profit, using unauthorized copies of Apple’s proprietary
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`software, that it avowedly intends to be used for any purpose, without limitation, including for
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`the sale of software exploits on the open market.6
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`40.
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`Corellium’s founders publicly recognize the significant commercial opportunity
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`embodied by the Corellium Apple Product. For instance, in August 2019, after Apple announced
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`that it will offer custom devices lacking certain security measures to invited and trusted security
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`researchers,7 Mr. Wade noted the “serious cloud services revenue” Apple could capture, but then
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`said “[it] chooses instead to build custom devices for a select few.” This is an open
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`6 In one tweet, Mr. Wade responded to an announcement by a company offering a $2
`million dollar bounty for “remote iOS jailbreaks” by suggesting that users try the
`Corellium Apple Product to find such bugs. @cmwdotme, Twitter (Jan. 7, 2018,
`7:10 AM), https://twitter.com/cmwdotme/status/1082293278840508416.
`7 Andy Greenberg, Apple Gives Hackers A Special iPhone—and A Bigger Bug Bounty,
`Wired (Aug. 8, 2019), https://www.wired.com/story/apple-hacker-iphone-bug-bounty-
`macos/.
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`acknowledgment that a cloud-based product like Corellium’s will compete directly with the
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`custom devices that Apple plans to distribute to security researchers.
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`Enough is enough. Apple did not and has not licensed or otherwise authorized
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`41.
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`Corellium to use Apple’s copyrighted works in the creation of, or as part of, the Corellium Apple
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`Product.
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` Corellium’s Acts of Copyright Infringement
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`42.
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`Through its Corellium Apple Product, Corellium has engaged in and is engaging
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`in the following acts of copyright infringement in violation of the Copyright Act, 17 U.S.C.
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`§ 501:
`
`A.
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`Corellium has created and is creating and distributing reproductions of, and is
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`creating derivative works based upon, Apple’s iOS, iTunes, and GUI Elements, each of which
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`are separate, independent protected works under the Copyright Act.
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`B.
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`C.
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`Corellium has publicly displayed and is publicly displaying Apple’s GUI Elements.
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`Corellium has and is continuing to induce, cause, and/or materially contribute to
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`Corellium users’ own acts of direct copyright infringement of Apple’s copyrights in iOS, iTunes,
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`and the GUI Elements. Corellium contributorily infringed and continues to contributorily
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`infringe Apple’s copyrights by providing its users with access to the Corellium Apple Product,
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`including by selling private installations of the Corellium Apple Product that allow users to
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`create virtual Apple devices on hardware that they control. Corellium also induced and
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`continues to induce acts of direct copyright infringement by promoting and encouraging the use
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`of the Corellium Apple Product to infringe Apple’s copyrights.
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`43.
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`Corellium has no plausible defense to these acts of copyright infringement. On
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`information and belief, Corellium is indiscriminately marketing the Corellium Apple Product to
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`any customer, including foreign governments and commercial enterprises. Corellium is not
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`selectively limiting its customers to only those with some socially beneficial purpose and/or
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`those who promise to use Apple’s copyrighted works, through the Corellium Apple Product,
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`only in lawful ways (though it is highly doubtful whether, under the circumstances, such uses
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`actually exist). Instead, Corellium is simply unleashing Apple’s copyrighted works for the
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`world-at-large to use, period.
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`44.
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`Corellium’s purpose is plainly commercial. The Apple works whose copyrights
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`Corellium is infringing are exceptionally creative. Corellium is using them wholesale, in full.
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`And in so doing, it is harming the market for Apple’s copyrighted works in a variety of respects,
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`including without limitation by making certain such works freely available in a manner in which
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`they are otherwise accessible to developers only through the Apple Developer Program or by
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`entering into agreements with Apple.
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`FIRST CLAIM FOR RELIEF
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`Direct Federal Copyright Infringement (Computer Programs), 17 U.S.C. § 501
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`45.
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`Apple realleges and incorporates by reference each of the allegations in preceding
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`paragraphs 1-44 set forth above.
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`46.
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`Apple owns, and at all times has owned, valid and enforceable copyrights in all of
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`its computer programs, including each individual version of iOS and iTunes, all of which are
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`creative works of original authorship.
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`47.
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`Apple holds valid certificates of copyright registration from the U.S. Copyright
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`Office for those computer programs that Corellium has infringed and continues to infringe for
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`which Apple seeks relief in this action at present; the copyright registrations are identified, dated,
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`and numbered in Exhibit A.
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`48.
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`Corellium does not have authorization, license, or permission from Apple to
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`reproduce, distribute, or create derivative works from, any of Apple’s computer programs,
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`whether as part of the Corellium Apple Product or any other similar use.
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`49.
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`50.
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`Corellium is not authorized by law to engage in the acts alleged above.
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`Through the acts alleged above, Corellium has violated, and is continuing to
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`violate, Apple’s exclusive rights in its computer programs to reproduce, distribute, and make
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`derivative works from, iOS and iTunes, in violation of 17 U.S.C. §§ 106 and 501.
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`51.
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`On information and belief, when developing, adopting, and marketing its services
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`and the Corellium Apple Product, Corellium was and remains aware that each version of iOS and
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`of each version of iTunes are protected by copyright, or acted and is acting in reckless disregard
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`of the possibility that it was infringing and continues to infringe those copyrights. It is clear
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`from Corellium’s marketing materials that Corellium purposefully copied and continues to copy
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`Apple’s copyrighted versions of iOS and iTunes into the Corellium Apple Product. Thus,
`
`Corellium’s violations of Apple’s exclusive rights in its computer programs were and continue to
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`be knowing, intentional, and willful.
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`SECOND CLAIM FOR RELIEF
`
`Direct Federal Copyright Infringement
`(Graphical User Interface Elements), 17 U.S.C. § 501
`
`52.
`
`Apple realleges and incorporates by reference all of the factual allegations set
`
`forth in preceding paragraphs 1-44 set forth above.
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`Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket 08/15/2019 Page 19 of 23
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`53.
`
`Apple owns, and at all times has owned, valid and enforceable copyrights in the
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`works of visual art embodied in the GUI Elements, including the graphic icons, preinstalled
`
`background wallpaper images, and all other aspects of the graphical user interface of iOS and
`
`iTunes, all of which are creative works of original authorship.
`
`54.
`
`Apple holds valid certificates of copyright registration from the U.S. Copyright
`
`Office for those background wallpaper images, icons, and other graphic elements that Corellium
`
`has infringed and continues to infringe for which Apple seeks relief in this action at present. The
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`copyright registrations are identified, dated, and numbered in Exhibit A.
`
`55.
`
`Corellium does not have authorization, license, or permission from Apple to
`
`reproduce, distribute, or publicly display the GUI Elements.
`
`56.
`
`57.
`
`Corellium is not authorized by law to engage in the acts alleged above.
`
`Through the acts alleged above, Corellium has violated, and is continuing to
`
`violate, Apple’s exclusive rights in its works of visual art to reproduce, distribute, and publicly
`
`display the GUI Elements in violation of 17 U.S.C. §§ 106 and 501.
`
`58.
`
`On information and belief, when developing, adopting, and marketing its services
`
`and the Corellium Apple Product, Corellium was and remains aware that the GUI Elements are
`
`protected by copyright, or acted and is acting in reckless disregard of the possibility that it is
`
`infringing those copyrights. It is clear from Corellium’s marketing materials that Corellium
`
`purposely copied and continues to copy Apple’s works of visual art in the Corellium Apple
`
`Product. Thus, Corellium’s violations of Apple’s exclusive rights in the GUI Elements were and
`
`continue to be knowing, intentional, and willful.
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`Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket 08/15/2019 Page 20 of 23
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`THIRD CLAIM FOR RELIEF
`
`Contributory Federal Copyright Infringement, 17 U.S.C. § 501
`
`59.
`
`Apple realleges and incorporates by reference all of the factual allegations set
`
`forth in preceding paragraphs 1-44 set forth above.
`
`60.
`
`Apple owns, and at all times has owned, valid and enforceable copyrights in all of
`
`its computer programs, including each individual version of iOS and iTunes, and the works of
`
`visual art embodied in the GUI Elements, including the graphic icons, preinstalled background
`
`wallpaper images, and all other aspects of the graphical user interface of iOS and iTunes. Apple
`
`holds valid certificates of copyright registration from the U.S. Copyright Office for all of the
`
`works at issue. The copyright registrations are identified, dated, and numbered in Exhibit A.
`
`61.
`
`Users of the Corellium Apple Product (including those who purchase and use
`
`private installations of the Corellium Apple Product) do not have authorization, license, or
`
`permission from Apple to reproduce, distribute, create derivative works from, or publicly display
`
`any of Apple’s computer programs or works of visual art.
`
`62.
`
`Through the acts alleged above, users of the Corellium Apple Product are
`
`engaged in acts of direct copyright infringement by reproducing, distributing, making derivative
`
`works from, and publicly displaying Apple’s computer programs and works of visual art.
`
`63.
`
`On information and belief, when developing, adopting, and marketing the
`
`Corellium Apple Product, Corellium was and remains aware, or willfully blind, that use of that
`
`product would result in the infringement of Apple’s copyrights.
`
`64.
`
`Through the acts alleged above, Corellium knowingly induced, caused, and/or
`
`materially contributed to, and continues to induce, cause, and/or materially contribute to, the acts
`
`of direct infringement by its users, including by distributing and providing access to the
`
`20
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`Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket 08/15/2019 Page 21 of 23
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`Corellium Apple Product with the object of promoting its use to infringe Apple’s copyrights.
`
`Accordingly, Corellium is liable for contributory copyright infringement.
`
`WHEREFORE, Apple prays for the following relief:
`
`PRAYER
`
`A. A permanent injunction ordering Corellium, and its officers, directors, members,
`
`agents, servants, employees, and attorneys, and all other persons acting in concert or
`
`participating with it, who receive actual notice of the injunction order by personal or other
`
`service, to do the following:
`
`1. Cease all acts of direct and contributory copyright infringement related to iOS,
`
`iTunes, or any GUI Element;
`
`2. Cease any marketing, sale, or other distribution of the Corellium Apple Product;
`
`3. Cease all uses of the Corellium Apple Product;
`
`4. Terminate all third-party access to the Corellium Apple Product;
`
`5.
`
`Issue a notification to all past and present customers of the Corellium Apple
`
`Product, stating that use of the Corellium Apple Product infringes Apple’s copyrights.
`
`B. A permanent injunction that includes all terms necessary to prevent and restrain
`
`infringement of Apple’s copyrighted works. 17 U.S.C. § 502(a).
`
`C. An order directing Corellium to return Apple’s intellectual property, including,
`
`without limitation, all copyrighted software and works of visual art that Corellium took from
`
`Apple, as set forth in this Complaint.
`
`D. An order impounding or destroying all infringing materials pursuant to 17 U.S.C.
`
`§ 503.
`
`E. An order awarding Apple actual damages and lost profits pursuant to 17 U.S.C.
`
`§ 504(b), or in the alternative, statutory damages pursuant to 17 U.S.C. § 504(c).
`
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`Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket 08/15/2019 Page 22 of 23
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`F. An order awarding full costs and attorney’s fees.
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`G. An order awarding Apple such other relief as the Court deems appropriate.
`
`JURY DEMAND
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff hereby demands a
`
`trial by jury.
`
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`Case 9:19-cv-81160-RS Document 1 Entered on FLSD Docket