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Stewart v. Apple, Inc., 10-Cv-01012-RSL (W.D. Wash.; Nov. 22, 2010) (Answer to Complaint)

Stewart v. Apple, Inc., 10-Cv-01012-RSL (W.D. Wash.; Nov. 22, 2010) (Answer to Complaint)

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Apple's Answer to the Complaint for copyright infringement alleging that an iPhone app is infringing.
Apple's Answer to the Complaint for copyright infringement alleging that an iPhone app is infringing.

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Published by: Venkat Balasubramani on Nov 24, 2010
Copyright:Attribution Non-commercial

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05/31/2013

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 APPLE INC.’S ANSWERNO. 2:10-cv-01012-RSL – Page 1
818 STEWART STREET, SUITE 1400SEATTLE WASHINGTON 98101T 206.516.3800 F 206.516.3888
Hon. Robert S. Lasnik UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTONMARTYN STEWART, d/b/a,NATURESOUND.ORG,Plaintiff,v.APPLE INC., MITCH WAITE GROUPLLC, AND MITCHELL WAITE,Defendants.No. 2:10-cv-01012-RSLDEFENDANT APPLE INC.’S ANSWERTO PLAINTIFF MARTYNSTEWART’S COMPLAINT FORCOPYRIGHT INFRINGEMENTJURY TRIAL REQUESTEDDefendant Apple Inc. (“Apple”) answers and responds to Plaintiff Martyn Stewartd/b/a Naturesound.org’s (“Stewart”) Complaint for Copyright Infringement (the“Complaint”) as follows:
PARTIES
1.
 
Apple is without knowledge or information sufficient to form a belief as tothe truth of the allegations in Paragraph 1 and on that basis denies each and every allegationcontained therein.2.
 
Apple admits that it is a California corporation with a principal place of business in Cupertino, California. Apple denies the remaining allegations in Paragraph 2 of the Complaint.
Case 2:10-cv-01012-RSL Document 28 Filed 11/22/10 Page 1 of 9
 
 APPLE INC.’S ANSWERNO. 2:10-cv-01012-RSL – Page 2
818 STEWART STREET, SUITE 1400SEATTLE WASHINGTON 98101T 206.516.3800 F 206.516.3888
3.
 
Apple is without knowledge or information sufficient to form a belief as tothe truth of the allegations in Paragraph 3 and on that basis denies each and every allegationcontained therein.4.
 
Apple is without knowledge or information sufficient to form a belief as tothe truth of the allegations in Paragraph 4 and on that basis denies each and every allegationcontained therein.5.
 
Apple admits that it provides consumer electronic and software products,including the iPhone and certain software applications for the iPhone, to consumersthroughout the United States, the State of Washington, and this District. Apple is withoutknowledge or information sufficient to form a belief as to the truth of the remainingallegations in Paragraph 5 and on that basis denies the same.6.
 
Apple admits that codefendants Mitch Waite Group LLC (“MWG”) andMitchell Waite develop and sell certain software applications for the iPhone, and that theseapplications are sold through Apple’s App Store throughout the United States, the State of Washington, and this District. Apple is without knowledge or information sufficient toform a belief as to the truth of the remaining allegations in Paragraph 6 and on that basisdenies the same.
JURISDICTION AND VENUE
 7.
 
Apple admits that this is a civil action alleging a cause of action arising out of the copyright laws of the United States.8.
 
Apple admits that this Court has subject matter jurisdiction over Stewart’scopyright cause of action pursuant to 17 U.S.C. § 501(a) and 28 U.S.C. § 1331. Apple iswithout knowledge or information sufficient to form a belief as to the truth of the remainingallegations in Paragraph 8 and on that basis denies the same.9.
 
Apple admits that venue is proper in this district under 28 U.S.C. §§ 1391 and1400 because Apple conducts business within this judicial district and its agents or affiliates
Case 2:10-cv-01012-RSL Document 28 Filed 11/22/10 Page 2 of 9
 
 APPLE INC.’S ANSWERNO. 2:10-cv-01012-RSL – Page 3
818 STEWART STREET, SUITE 1400SEATTLE WASHINGTON 98101T 206.516.3800 F 206.516.3888
can be found in this judicial district. Apple denies that it engaged in any actionable conductgiving rise to the Complaint. Apple is without knowledge or information sufficient to forma belief as to the truth of the remaining allegations in Paragraph 9 and on that basis deniesthe same.
FACTS
 10.
 
Apple is without knowledge or information sufficient to form a belief as tothe truth of the allegations in Paragraph 10 and on that basis denies each and everyallegation contained therein.11.
 
Apple is without knowledge or information sufficient to form a belief as tothe truth of the allegations in Paragraph 11 and on that basis denies each and everyallegation contained therein.12.
 
Apple admits that Exhibit A appears to be Plaintiff’s copyright registrationapplication for “Birds Of America Vol 1.” Apple is without knowledge or informationsufficient to form a belief as to the truth of the remaining allegations in Paragraph 12 and onthat basis denies the same.13.
 
Apple is without knowledge or information sufficient to form a belief as tothe truth of the allegations in Paragraph 13 and on that basis denies each and everyallegation contained therein.14.
 
Apple admits that there are approximately nine individual applicationsdistributed under variations of the “iBird” name. Apple is without knowledge orinformation sufficient to form a belief as to the truth of the remaining allegations inParagraph 14 and on that basis denies the same.15.
 
Apple admits that, currently, it distributes versions of approximately nineindividual applications using variations of the “iBird” name throughout the United Statesfor use with iPhone devices and certain other devices. Apple admits that, at certain times inthe past, it distributed certain versions of approximately nine individual applications using
Case 2:10-cv-01012-RSL Document 28 Filed 11/22/10 Page 3 of 9

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