FREEDOM SCIENTIFIC, INC., Plaintiff, vs. APPLE, INC., Defendant.

Case No.

COMPLAINT AND JURY DEMAND 1. Plaintiff Freedom Scientific, Inc. ("Freedom Scientific") is a Delaware

corporation with a principal place of business at 11800 31st Court North, St. Petersburg, Florida 33716-1805. 2. On information and belief, Apple Inc. ("Apple") is a California corporation

having its principal place of business at 1 Infinite Loop, Cupertino, California 95014. 3. seq. 4. This Court has subject matter jurisdiction under one or more of 28 U.S.C. § 1331 This action arises under the patent laws of the United States, 35 U.S.C. § 101, et

and 28 U.S.C. § 1338(a). Count I (Patent Infringement) 5. 6. Freedom Scientific repeats and realleges the foregoing paragraphs. Freedom Scientific is the owner of United States Patent No. 8,028,240 (the "'240
A copy of

patent"), issued on September 27, 2011, and has the right to sue on the '240 patent. the '240 patent is attached as Exhibit A.


Apple has infringed, and is continuing to infringe, the '240 patent by making,

importing, selling, offering to sell, and/or using within the United States certain computer software and methods, and computer hardware and media containing such infringing software and methods, including, in particular but without limitation, Apple's "VoiceOver" screen reader software built into Apple's Mac OS X and iOS operating systems. 9. Apple's infringement of the '240 patent is and has been willful, has caused and

will continue to cause Freedom Scientific to suffer substantial damages, and has caused and will continue to cause Freedom Scientific to suffer irreparable harm for which there is no adequate remedy at law. WHEREFORE, Freedom Scientific requests that this Court: enter a preliminary and permanent injunction enjoining Apple and its affiliates, subsidiaries, officers, directors, employees, agents, representatives, licensees, successors, assigns, and all those acting for any of them or on their behalf, or acting in concert with them, from further infringement the '240 patent; 2. infringement; 3. patent; 4. and 5. award Freedom Scientific such other relief as the Court deems just and proper. JURY DEMAND Freedom Scientific demands a trial by jury on all issues so triable. award Freedom Scientific its reasonable attorneys' fees under 35 U.S.C. § 285; award Freedom Scientific treble damages for the willful infringement of the '240 award Freedom Scientific compensatory damages, costs, and interest for patent


Christopher L. Griffin (FBN 0273147) FOLEY & LARDNER LLP 100 North Tampa Street Suite 2700 Tampa, FL 33602-5810 Phone: (813) 229-2300 Fax: (813) 221-4210 Attorneys for Plaintiff