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Core Wireless Licensing vs. Apple

Core Wireless Licensing vs. Apple

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Published by Jonathan Fingas

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Published by: Jonathan Fingas on Mar 06, 2012
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03/17/2015

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASTYLER DIVISIONCORE WIRELESS LICENSINGS.A.R.L.Plaintiff,v.APPLE, INC.,Defendant.))))))))))CIVIL NO. 6:12-CV-100JURY TRIAL DEMANDEDCORE WIRELESS LICENSING S.A.R.L’S COMPLAINT FOR PATENTINFRINGEMENT
 
 TO THE HONORABLE JUDGE OF SAID COURT:Plaintiff, Core Wireless Licensing S.a.r.l. (“Core Wireless”), for its Complaint againstDefendant, Apple, Inc. (“Apple”) alleges:
THE PARTIES
1.
 
Plaintiff, Core Wireless, is a corporation duly organized and existing under thelaws of the Grand Duchy of Luxembourg, having a principal place of business at 16, AvenuePasteur L-2310 Luxembourg. Core Wireless has a regular and established place of business anddoes business relating to the patents-in-suit in connection with its wholly-owned subsidiary, CoreWireless Licensing Ltd. (“Core Wireless USA”), a corporation duly organized and existing underthe laws of the State of Texas, having a principal place of business at 5700 Granite Parkway,Suite 960, Plano, TX 75024, which is within the Eastern District of Texas. All pertinentdocuments and discovery relevant to this matter either reside at Core Wireless USA’s localaddress or will be produced at such address.2.
 
Defendant, Apple, is a corporation duly organized and existing under the laws of the State of California, having a principal place of business at 1 Infinite Loop, Cupertino, CA95014. Apple’s registered agent, registered with the Texas State Secretary of State’s Office, isCT Corp. Systems at 350 N. St. Paul Street, Suite 2900, Dallas, TX 75201.
JURISDICTION
3.
 
This is an action arising under the patent laws of the United States. Accordinglythis Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).4.
 
This Court has personal jurisdiction over Apple because Apple has establishedminimum contacts with the Eastern District of Texas. Apple manufactures (directly or indirectlythrough third party manufacturers) and/or assembles products that are and have been used,offered for sale, sold, and purchased in the Eastern District of Texas. Apple, directly and/or
 
 
2
through its distribution network, places wireless communication devices within the stream of commerce, which stream is directed at this district, with the knowledge and/or understanding thatsuch products will be sold in the State of Texas. Jurisdiction over Apple in this matter is alsoproper inasmuch as Apple has voluntarily submitted itself to the jurisdiction of the courtscommencing litigations within the State of Texas and by registering with the Texas Secretary of State, a registered agent. Therefore, the exercise of jurisdiction over Apple is appropriate underthe applicable jurisdictional statutes and would not offend traditional notions of fair play andsubstantial justice.
VENUE
5.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §§1391(b), (c), (d)and 1400(b) because Apple has committed, and continues to commit, acts of infringement,including providing electronic products that are used, offered for sale, sold, and have beenpurchased in the State of Texas, including the Eastern District of Texas.
FACTUAL ALLEGATIONS
6.
 
United States Patent No. 6,792,277 (“the ’277 patent”), entitled
 ArrangingControl Signallings In Telecommunications System
, was duly and lawfully issued September 14,2004. Core Wireless is the current owner of all rights, title, and interest in the ’277 patent. Atrue and correct copy of the ’277 patent is attached hereto as Exhibit 1.7.
 
United States Patent No. 7,606,910 (“the ’910 patent”), entitled
 Method For  Indicating A UE That It Must Register 
, was duly and lawfully issued October 20, 2009. CoreWireless is the current owner of all rights, title, and interest in the ’910 patent. A true andcorrect copy of the ’910 patent is attached hereto as Exhibit 2.

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