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Case 1:99-mc-09999 Document 92

Filed 03/02/10 Page 3 of 16

infringement of Apple’s U.S. Patent Nos. 7,362,331 (“the ‘331 Patent”), 7,479,949 (“the ‘949

Patent”), 7,657,849 (“the ‘849 Patent”), 7,469,381 (“the ‘381 Patent”), 5,920,726 (“the ‘726

Patent”), 7,633,076 (“the ‘076 Patent”), 5,848,105 (“the ‘105 Patent”), 7,383,453 (“the’453

Patent”), 5,455,599 (“the ‘599 Patent”), and 6,424,354 (“the ‘354 Patent”) (collectively, “the

Asserted Patents”).

Jurisdiction and Venue

7.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a) because this action arises under the patent laws of the United States.

8.

This Court has personal jurisdiction over the Defendants because the Defendants

have established minimum contacts with the forum state of Delaware. Defendants, directly

and/or through third-party manufactures, manufacture or assemble products that are and have

been offered for sale, sold, purchased, and used within the state of Delaware. In addition,

Defendants, directly and/or through their distribution networks, regularly place their products

within the stream of commerce, with the knowledge and/or understanding that such products will

be sold in Delaware. Thus, Defendants have purposefully availed themselves of the benefits of

the state of Delaware and the exercise of jurisdiction over Defendants would not offend

traditional notions of fair play and substantial justice.

9.

Defendants transact business in the state of Delaware because, among other

things, Defendants manufacture and distribute products that are offered for sale, sold, purchased,

and used within the state of Delaware. Defendants have also committed tortuous acts of patent

infringement in Delaware and are subject to personal jurisdiction in Delaware. Venue is thus

proper in this district pursuant to 28 U.S.C. §§ 1391(b), (c), (d) and 1400(b).

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