Case 1:99-mc-09999 Document 92
Filed 03/02/10 Page 4 of 16
The Patents in Suit
technologies that can be incorporated into mobile communication devices, including cellular
phones and smart phones, among various other types of products.
Apple owns by assignment the entire right, title, and interest in and to the
Asserted Patents, including the right to bring this suit for injunctive relief and damages.
All of the Asserted Patents are valid and enforceable.
Upon information and belief, Defendants have infringed and continue to infringe
one or more claims of each of the Asserted Patents by engaging in acts that constitute
infringement under 35 U.S.C. § 271, including but not necessarily limited to making, using,
selling, and/or offering for sale, in Delaware and elsewhere in the United States, and/or
importing into Delaware and elsewhere in the United States, certain mobile communication
devices including cellular phones and smart phones, including at least phones incorporating the
Android Operating System (collectively, “the Accused Products”).
COUNT I - INFRINGEMENT OF U.S. PATENT NO. 7,362,331
Paragraphs 1 through 13 are incorporated by reference as if fully stated herein.
The ‘331 Patent, entitled “Time-Based, Non-Constant Translation Of User
Interface Objects Between States,” was duly and legally issued on April 22, 2008 by the United
States Patent and Trademark Office. A copy of the ‘331 Patent is attached hereto as Exhibit A.
Apple is the exclusive and current owner of all rights, title, and interest in the
‘331 Patent, including the right to bring this suit for injunctive relief and damages.
Defendants have infringed and are infringing the ‘331 Patent by making, using,
selling, offering for sale, and/or importing, without authority, products and services that are