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COMPLAINT AND JURY DEMAND
Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 2 of 20
NOW COMES Plaintiff Apple Inc. ("Apple"), by and through its attorneys,
2 and for its Complaint against defendants Media Solutions Holdings, LLC,
3 eReplacements, LLC, and Laptops For Less, LLC, alleges as follows:
4 JURISDICTION AND VENUE
5 1. This action arises under the patent laws of the United States, 35 U.S.C.
6 §§ 1, et. seq. The court has subject matter jurisdiction under 28 U.S.C. § 1338(a).
7 Personal jurisdiction over the Defendants is proper pursuant to Federal Rule of
8 Civil Procedure 4 and California Code of Civil Procedure § 410.10.
9 2. Venue is proper under 28 U.S.C. §§ 1391(b) and (c) and 1400(b). The
10 Defendants reside in this district and regularly conduct business in this district.
11 INTRODUCTION
12 3. This is an action for infringement of a design patent assigned to Apple.
13 The Defendants infringe the patent by selling power adapters that are substantially
14 the same as the patented design. Through various websites and otherwise, the
15 Defendants market these knock-off power adapters for use with Apple portable
16 computers, such as the MacBook. The Defendants' infringing conduct has
17 damaged Apple and inflicted irreparable harm.
18 4. Apple seeks, inter alia, disgorgement of Defendants' profits from the
19 sale of these infringing adapters, and injunctive relief.
20 THE PARTIES
21 5. Plaintiff Apple Inc. is a corporation organized and existing under the
22 laws of the State of California with a. principal place of business at 1 Infinite Loop,
23 Cupertino, California. Among other things, Apple designs, manufactures and sells
24 computers, personal electronic devices, and accessories for those products, such as
25 power adapters.
26 6. Upon information and belief, defendant Media Solutions Holdings,
27 LLC (hereinafter "MSH"), is a Delaware limited liability company with a principal
28 place of business at 1290 North Hancock Street, Anaheim, California. Upon
COMPLAINT AND JURY DEMAND
2
Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 3 of 20
1 information and belief, MSH owns, controls and operates two closely related
2 business entities: Laptops for Less, LLC, and eReplacements, LLC.
3 7. Upon information and belief, Laptops For Less, LLC. (hereinafter
4 "Laptops for Less" or "LFL"), is a Delaware limited liability company with a
5 principal place of business at 1290 North Hancock Street, Anaheim, California.
6 Upon information and belief, Laptops For Less is a wholly-owned subsidiary of
7 MSH and operates the websites at www.laptopsforless.com and
8 www.laptopacadapter.com.
9 8. Upon information and belief, defendant eReplacements, LLC
10 (hereinafter "eReplacements"), is a Delaware limited liability company with a
11 principal place of business at 1290 North Hancock Street, Anaheim, California
12 Upon information and belief, eReplacements, LLC, is a wholly owned subsidiary of
13 MSH and operates the website at www.ereplacements.com.
14 9. Upon information and belief, defendants MSH and eReplacements use
15 the marks LAPTOPS FOR LESS and LFL to offer their goods and services and do
16 business as Laptops for Less, Inc.
17 APPLE'S DESIGN PATENT
18 10. U.S. Patent No. D478,310 (the '''310 Patent"), entitled "Power
19 Adapter," issued on August 12,2003, covering an ornamental design for a power
20 adapter. A true and correct copy of the '310 Patent is attached hereto as Exhibit A
21 and made a part hereof by reference. Apple is the owner by assignment of the' 310
22 Patent.
23 DEFENDANTS' INFRINGING ACTS
24 11. Upon information and belief, defendants MSH and LFL operate the
25 websites at www.laptopsforless.com and www.laptopacadapter.com, through which
26 they sell various consumer electronic accessories at retail, including knock-off
27 power adapters for use with genuine Apple portable computers.
28 12. Upon information and belief, defendants MSH and eReplacements
COMPLAINT AND JURY DEMAND
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Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 4 of 20
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18 14. The Defendants' knock-off power adapters also are substantially the
19 same in appearance as Apple's genuine power adapters for its computers. For
20 example, the photo below of Defendants' 45 Watt power adapter illustrates that it is
21 virtually identical in appearance as Apple's genuine 45 Watt power adapter.
22 APPLE'S 45W POWER ADAPTER DEFENDANTS' 45W POWER ADAPTER
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COMPLAINT AND JURY DEMAND
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Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 7 of 20
1 E. Such other and further relief as the Court deems just and equitable.
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3 Dated: November 23,2009 MUNGER, TOLLES & OLSON LLP
SAIDMAN DESIGNLAW GROUP, LLC
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By: JJ~~w>
Attorneys for Plaintiff APPLE INC.
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COMPLAINT AND JURY DEMAND
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Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 9 of 20
EXHIBIT A
Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 10 of 20
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EXHIBIT A
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Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 11 of 20
US D478,310 S
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EXHIBIT A
Page 10
Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 12 of 20
FIG. 2 FIG. 3
EXHIBIT A
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Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 13 of 20
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Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 14 of 20
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EXHIBIT A
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Case 8:09-cv-01364-CJC-RNB Document 1 Filed 11/23/2009 Page 15 of 20
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