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Christopher D. Banys (State Bar No. 230038)
Richard C. Lin (State Bar No. 209233)
cdb@lanierlawfirm.com
rcl@lanierlawfirm.com
THE LANIER LAW FIRM, P.C.
2200 Geng Road, Suite 200
Palo Alto, California 94303
Telephone: (650) 322-9I 00
Facsimile: (650) 322-9I03
Attorneys for Plaintiff,
BENJAMIN GROBLER
E-filing
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
L.B
12 BENJAMIN GROBLER,
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Plaintiff,
v.
APPLE INC.,
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
COMPLAINT FOR PATENT
INFRINGEMENT
DEMAND FOR JURY TRIAL
CASE NO.: - - ~ -
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page1 of 11
Plaintiff, Benjamin Grobler, for his Complaint against Apple Inc., hereby alleges as follow :
2
3 1.
THE PARTIES
Plaintiff Benjamin Grobler ("Grobler") is an individual residing in Pretoria, South
4 Africa. Grobler is a citizen of South Africa.
5 2.
On information and belief, Defendant Apple Inc. ("Apple") is a corporation organi ed
6 and existing under the laws ofthe State of California, having its principal place of business at I In mite
7 Loop, Cupertino, CA 95014.
JURISDICTION AND VENUE
8
9 3.
This is an action for patent infringement arising under the Patent Act, 35 U.S.C. §§ 01 et
10 seq. This Court has jurisdiction over Plaintiffs federal law claims under 28 U.S.C. §§ 1331 and 1 38(a).
11 4.
This Court has specific and/or general personal jurisdiction over Defendant Apple
12 because it has committed acts giving rise to this action within this judicial district and/or has esta ished
I'
13 minimum contacts within California and within this judicial district such that the exercise of juris4iction
i
14 over Apple would not offend traditional notions of fair play and substantial justice.
15 5.
Venue is proper in this District pursuant to 28 U.S.C. §§1391(b)-(c) and 1400(b) b cause
16 Defendant Apple has committed acts within this judicial district giving rise to this action, and con inues
I
17 to conduct business in this district, and/or has committed acts of patent infringement within this 'strict
18 giving rise to this action.
19 BACKGROUND AND INFRINGEMENT OF U.S. PATENT 6 799 084 BY APPLE IN
20 6.
Grobler re-alleges and incorporates by reference the allegations set forth in the pre eding 1
21 Paragraphs as if fully set forth herein.
22 7. On September 28, 2004, the United States Patent and Trademark Office duly and j
23 lawfully issued United States Patent Number 6,799,084 ("the '084 patent") entitled "Data Vendin I
24 System" to the inventor, Benjamin Grobler. A true and correct copy of the '084 patent is attache heretd
25 as Exhibit A.
26
27
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8.
Grobler is the owner and assignee of all right, title, and interest in and to the '084
COMPLAINT FOR PATENT INFRINGEMENT
CASE NO.: --+--
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page2 of 11
including the right to assert all causes of action arising under said patent and the right to any reme ies
2 for infringement of it.
3 9.
On information and belief, Apple has infringed and continues to infringe one or m
4 claims ofthe '084 patent in the State of California, in this judicial district, and elsewhere in the U ited
5 States by, among other things, making, using, importing, offering to sell, and/or selling in the Uni ed
6 States systems for data vending, including but not limited to the iTunes system. On information d
7 belief, Apple indirectly infringes one or more claims of the '084 patent by contributing to and/or
8 inducing their customers' infringement using such systems. On information and belief, Apple kn w or '
9 should have known its actions would induce and/or contribute to infringement of the '084 patent. I
10 10. On information and belief, Apple will continue to infringe the '084 patent unless e J o i n e ~
11 by this Court. I
12 11. Apple's acts of infringement have damaged Grobler in an amount to be proven at t ial, I
13 but in no event less than a reasonable royalty. Apple's infringement ofGrobler's rights under the '084
14 patent will continue to damage Grobler causing irreparable harm, for which there is no adequate r medy
15 at law, unless enjoined by this Court.
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PRAYER FOR RELIEF
WHEREFORE, Grobler prays for relief as follows:
a. For judgment that Apple has infringed and continues to infringe the claims oft e
'084 patent;
b. For a permanent injunction against Apple and its respective officers, directors, gents,!
II
servants, affiliates, employees, divisions, branches, subsidiaries, parents, and a I 11
others acting in active concert therewith from infringement of the '084 patent; II
c. For an accounting of all damages caused by Apple's acts of infringement;
d. For a judgment and order requiring Apple to pay Grobler's damages, costs, ex enses, I
i
and pre- and post-judgment interest for its infringement of the '084 patent asp ovided
l
under 35 U.S.C. §284;
COMPLAINT FOR PATENT INFRINGEMENT
2
CASE NO.: --1---
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page3 of 11
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e. For a judgment and order finding this to be an exceptional case, and awarding
Grobler attorney fees under 35 U.S.C. §285; and
f. For such relief at law and in equity as the Court may deem just and proper.
DEMAND FOR A JURY TRIAL
5 12. Grobler demands a trial by jury of all issues triable by a jury.
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Dated: March 27, 2012
COMPLAINT FOR PATENT INFRINGEMENT
Respectfully submitted,
By: Is/ Christopher D. Banys
Christopher D. Banys (230038)
Richard C. Lin (209233)
The Lanier Law Firm, P.C.
2200 Geng Road, Suite 200
Palo Alto, CA 94303
Tel: (650) 332-9100
Fax: (650) 322-9103
Attorneys for Plaintiff,
BENJAMIN GROBLER
3
CASE NO.: - ~ - -
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page4 of 11
EXHIBIT A
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page5 of 11
c12) United States Patent
Grobler
(54) DATA VENDING SYSTEM
(76) Inventor: Benjamin Filmaltcr Groblcr, 92
Southpansberg Rd., Riviera, Pretoria
0084 (ZA)
( *) Notice: Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U .S.C. 154(b) by 0 days.
(21) Appl. No.: 09{773,170
(22)
(65)
Filed: Jan. 31, 2001
Prior Publicntion Datu
US 2001/0027357 A1 Oct. 4, 2001
Related U.S. Application Data
(63) Continuation-in-part of application No. P<..'T/ZA99/00056,
filed on Jul. 29, 1999.
(30) Foreign Application Priority Data
Jul. 31, 1998 (ZA) .............................................. 98/6868
(51) Int. CJ.
7
.......................•.•...........•••........ G07F 17/00
(52) U.S. CJ ........................ 700/235; 700/237; 700/241;
700/234
(58) Field of Search ................................. 700/237, 241,
700/235, 234
(56) References Cited
U.S. PATENT DOCUMENTS
4,528,643 A 7/1985 Freeny, Jr.
4,674,055 A • 6/1987 Ogaki et al. ................ 364/479
4,695,903 A • 9/1987 Serap ......................... 358/355
4,725,977 A • 2/1988 Izumi et al. ................ 364/9fXl
4,787,050 A • 11/1988 Suzuki ....................... 364/479
4,789,907 A • 12/1988 Fischetti et al ............ 360/33.1
5,418,654 A • 5/1995 Scheffler ...................... 360/13
5,625,562 A • 4/1997 Veeneman ....... ... ... 364/479.05
5,757,908 A • 5/1998 Cooper et al. ................. 380/4
5,758,069 A • 5/1998 Olsen .................... 395/187.01
u
111111 1111111111111111111111111111111111111111111111111111111111111
US006799084B2
(10) Patent No.: US 6, 799,084 B2
Sep.28,2004 (45) Date of Patent:
EP
EP
Gl3
wo
5,790,177 A • 8/1998 Kassatly ...................... 348/13
5.812,643 A • 9/1998 Schelberg, Jr. et al. .. 379/93.12
5,860,362 A * 1/1999 Smith ......................... 101/494
5,Y02,115 A * 5i!YYY Katayama ................... 434t307
5.918,213 A • 6/1999 Bernard et al. ............... 705/26
5,993,216 A • 11/1999 Stogner ....................... 434/29
6,086,380 A • 7/20fXl Chu el a!. ................... 434t307
6,118,860 A • 9/20fXl Hillson et a!. .............. 379/155
6,134,593 A • !0/20rXJ Alexander et al. .......... 709/229
6,587,404 Bl • 7/2003 Keller et al. ............. 369/20.06
FOREIGN PATENT DOCUMENTS
0 649 121 A2
852349 A2 •
2 305 339 A
W097/30425
4/1995
7/1998
4/1997
8/1997
... . .. . . . . .. . G06F /1/fXl
• cited by examiner
Primary Examiner-Donald P. Walsh
Assistant Examiner-Michael E. Butler
(74) Attorney, Agent, or Firm-Akerman Senterfitt
(57) ABSTRACT
The invention provides a data vending system 10 including
the storing data such as digitised music and/or video and/or
computer programs on one or more main computer i.e. the
data depot 12 and dispensing the data to a uniquely identi-
fiable data carrier 30. The data on the data depot 12 includes
a database which maintains owner and/or possessor records
for each said data carrier 30, the data being selected from the
group including ownership or possession history of the data
carrier, personal details of the past and present owner and/or
possessor of the data carrier, demographic data about the
user/owner of the data carrier, data recorded onto the data
carrier at an authorised data dispensing device (tither cumu-
latively or periodically, by title, by artist, etc), data rented
and the rental period (either cumulatively or periodically, by
title, by artist, etc), the user's normal requirements, the
user's payment records, royalties paid to the copyright
owner by the user, and favourite data of the user.
8 Claims, 1 Drawing Sheet
31
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page6 of 11
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Case3:12-cv-01534-LB Document1 Filed03/27/12 Page7 of 11
US 6,799,084 B2
1
DATA VENDING SYSTEM
CROSS REFERENCE TO RELATED
APPLICATIONS
This application is a continuation-in-part of PCT/ZA99/
00056. Filed Jul. 29, 1999.
FIELD OF THE INVENTION
This invention relates to a data vending system.
BACKGROUND TO THE INVENTION
The inventor is aware that presently copyright royalty
losses are incurred due to unauthorised copying of data, such
as music, videos, computer programs, and the like. This
copying usually takes the form of one or more unauthorised
copies being made from an original or authorised copy.
One of the reasons for the unauthorised copying is that
consumers are unable to purchase just the data they want,
and are often offered either a bundle including the data they
require or they must do without.
A further reason for the copying is that recording media
2
a uniquely identifiable recordable. data carrier configured
for recording data from the data dispensing device; and
a database for keeping a record of the data recorded by a
user onto said data carrier, at least a part of which
database is stored remotely from said data carrier.
The database may also maintain owner and/or possessor
records for each said data carrier selected from the group
including ownership or possession history of the data carrier,
personal details of the past and present owner and/or pos-
10 sessor of the data carrier, demographic data about the
user/owner of the data carrier, data recorded onto the data
carrier at an authorised data dispensing device (either cumu-
latively or periodically, by title, by artist, etc), data rented
and the rental period (either cumulatively or periodically, by
title, by artist, etc), the user's normal requirements, the
15
user's payment records, royalties paid to the copyright
owner by the user, and favourite data of the user.
The database may link the record of the user to any
number of said data carriers and to the data recorded onto
said data carriers thereby to collate all data recorded by the
20 user onto any number of data carriers.
are freely available and that any person may record data on
such media, without prior authorisation by the copyright 25
owner or his licensee(s).
The database may be stored in whole or in part on the data
depot, on the data dispenser, on the data carrier, or on a
combination of any of the aforementioned i.e. a decentra-
lised database.
1be data depot may include a computer located at a
remote location on which data to be vended is stored or from
which data to be vended is routed.
Yet a further reason for the unauthorised copying is the
availability of data of the type mentioned above over the
internet, for example, from music sites which allow the
downloading of particular tracks of music either for free or
for payment. Once the music has been downloaded from the
internet by a user neither the internet site operator nor the
owner of the copyright in such data has any control over its
further copying.
In addition to the above problems, the authorised end user
The data depot may have the data stored thereon indexed.
The indexing may be by index number, name of author,
name of producer, title, content, cost, duration, theme, or the
30
like.
The index may be searchable from the data dispensing
device and/or from the data carrier.
The data depot may be a store of digitised or analogue
music, video, games, information, or computer programs.
35
The data dispensing device may be in the form of a
is also limited by present data distribution systems in that if
the data is lost or damaged the authorised user has to again
purchase an authorised copy from the copyright owner or a
licensed vendor. This problem is particularly acute with data
carried on magnetic or optical media such as tapes, diskettes, 40
compact disks (CO's) and Digital Video Disks (DVD's),
which are prone to loss and/or damage.
computer terminal in data transfer communication with the
depot. Conveniently such data transfer may be by dedicated
data lines, optic fibre cables, telephone lines, satellite link-
up, radio transmission, or the like.
The computer terminal may be provided with localised
data storage for storing an index of available data. The index
may be a copy of a portion of the data depot index at a given
time.
The inventor is aware of EP 0 649 121 A2 to international
Business Machines Corporation. This system provides for
distribution of remotely stored digitised information, which
information may be previewed in real time, and product
incorporating selected digitised information can be manu-
factured on-site and within a short response time to a
customers request at a point of sale location. The system also
provides management reporting and a marketing system
collects and maintains data useful to the retailer and the
content owners such as record companies. This system,
however, does not address the end user's ownership of
digitised data nor the license held by the end user of the
digitised data as the system is supplier orientated and not end
user orientated. There is thus little incentive for a user to
accept the system as a sole unified information sales system.
SUMMARY OF THE INVENTION
Thus, according to a first aspect of the invention, there is
provided a data vending system including:
a data depot for storing one or more data type selected
from the group comprising digitised or analogue music,
video, games, information, and computer programs;
a data dispensing device in communication with the data
depot;
The index on the computer terminal may be updated
45 periodically from the data depot, typically when data is
transferred between the computer data depot and the com-
puter terminal to complete a data vending transaction.
The computer terminal may be provided with data writing
means for writing data to a data carrier. The computer
50 terminal may be configured to download data from the depot
and transfer the data to the data carrier with or without
storing it locally for later retrieval.
The computer terminal may include payment means for
processing payment of a transaction amount for the data
55 vending transaction.
A royalty payment to the copyright owner and/or licensee
may be included in the transaction amount, which royalty
payment may either be transferred automatically to the
copyright owner and/or licensee, or credited to an account
60 for later transfer, in either event accurate and rapid royalty
accounting is made possible.
65
The payment means may include a key pad configured to
accept an identification code linked to an account to which
the transaction may be debited.
The computer terminal may include a card reader for
accepting payment by banking cards, such as credit cards,
debit cards, savings cards, and the like.
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page8 of 11
US 6,799,084 B2
3
The data carrier may be a single or multiple use record-
able data carrier.
The data carrier may include key means, for example, a
hardware or software key linked to a microprocessor. The
data carrier may thus be activated and deactivated for
5
receiving data and/or releasing data by means of the key
means.
The data dispensing device may be provided with a
verification mechanism for verifying the authenticity of the
key means.
4
DESCRIPTION OF THE DRAWINGS
The invention will now be described, by way of example
only, with reference to the accompanying flow diagram.
A data vending system 10, broadly in accordance wit the
invention, includes the storing data, such as digitised music
and/or video and/or computer programs on one or more
main computer i.e. the data depot 12. "TI1e data on the data
depot 12 being indexed to be searchable in terms of index
number, name of author, name of producer, title, content,
cost, duration, theme, or the like.
The data on the data depot 12 includes a database 40
which maintains owner and/or possessor records for each
said data carrier 30, the data being selected from the group
including ownership or pos.session history of the data carrier,
The key means may be located on the data dispensing
10
device and a code may be required to authenticate a user.
The key means may be in the form of a code at a remote
location, the data dispensing device being communicable
with the remote location for verification of the code input by
15 personal details of the past and present owner and/or pos-
sessor of the data carrier, demographic data about the
user/owner of the data carrier, data recorded onto the data
carrier at an authorised data dispensing device (either cumu-
latively or periodically, by title, by artist, etc), data rented
a user at the data dispensing device.
Equally the verification mechanism and/or the key means
may be at least partially located on the data depot.
The recordable data carrier may be configured to receive
data only from a data dispensing device authorised for a
particular data carrier or a particular class of data carrier.
The recordable data carrier may be configured to be read
by a data carrier reader authorised for a particular data
carrier or a particular class of data carrier.
20 and the rental period (either cumulatively or periodically, by
title, by artist, etc), the user's normal requirements, the
user's payment records, royalties paid to the copyright
owner by the user, and favourite data of the user.
However, the recordable data carrier may be configured
for receiving data from certain authorised data dispensing
25
devices but to be read by any suitable reader, for example,
a horne entertainment centre.
The recordable data carrier may be configurable, through
the data recorded thereon or otherwise, to permit reading of
the data stored thereon for a predetermined period of time
30
only, whereafter the data is either marked as stale and later
deleted, or deleted immediately.
The above function may be controlled from a remote
location by radio, satellite, data or telephone cable, or the
like. This functionality will permit the so called renting of
35
data, rather than purchasing the use thereof for an indefinite
period, and is particularly suited to games, music and video
data.
According to a second aspect of the invention, there is
One or more vendors 14, 16, 18, at locations remote to the
main computer of the data depot U, are provided with data
dispensing devices 20, 22, 24, able to communicate with the
main computer by satellite link-up, by telephone or data line,
by radio, or the like 21. The dispensing devices will typically
be in the form of a local file server having a number of server
stations 20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2, 24.3,
or terminals where a customer can search the depot 12 index
and select data of his or her choice. Each item selected will
have a code and a price.
In another version, the index of the depot 12 is searchable
from the data carrier 30 by providing the data carrier 30 with
a search engine which interfaces with the index of the depot
12.
Thus a list of selections will have an overall price,
including royalties, taxes, etc, which the user tenders.
provided a method of vending data, the method including:
storing data to be vended;
40
The terminal may include payment means such as a card
dispensing desired data packages from the depot;
recording the dispensed data to a data carrier; and
databasing details of the record carrier.
According to a further aspect of the invention there is
provided a vending booth including a data dispensing device
in communication with a data depot, the data dispensing
device being configured for dispensing data to a recordable
data carrier configured for recording data from the data
dispensing device and for exchanging data regarding the
dispensed data with a database for storing user information
for each recordable data carrier.
The booth may include electronic payment means in the
form of a card or token reader configured to debit an account
reader 26 for accepting payment by banking cards, such as
credit cards, debit cards, savings cards, and the like.
The terminal20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2,
24.3, is provided with data writing means 28 for writing data
45
to a data carrier 30.
The terminal20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2,
24.3, is configured to download data from the depot 12 and
transfer them to the data carrier 30 with or without storing
50
it locally on the terminal 20.1, 20.2, 20.3, 22.1, 22.2, 22.3,
24.1, 24.2, 24.3, for later retrieval.
The data carrier 30 may be a single or multiple use
recordable data carrier, such as a removable hard disk, a
CD-ROM, a DVD, flash memory, an eeeprom, or the like.
of a user responsive to the dispensing of data from the data 55
dispensing device on the recordable data carrier.
One envisaged embodiment is a cassette holding a num-
ber of CO-ROMs and a controller for performing the other
functions, and managing the data on the CO-ROMs.
The booth may be in the form of a vending machine type
apparatus, similar to those currently used for other transac-
tions.
The data carrier 30 includes key means 32, for example,
a hardware or software key linked to a microproces.sor. The
60 data carrier 30 is thus activated and deactivated for receiving
data by means of the key means 32. Typically this function-
ality will be performed with the use of PIN (Personal
Identification Numbers) or pas.swords, or the like, cell-phone
fashion.
The data dispensing device of the booth may be in the
form of a computer terminal having a user interface, a data
writer configured for use with the data carrier, and a com-
munication device for permitting data transfer communica-
tion with the data depot by means of one or more data
transfer means selected from the group comprising of dedi- 65
cated data lines, optic fibre cables, telephone lines, satellite
link-up, radio transmission, or broadband cable.
The data dispensing device 20, 22, 24 and/or the data
depot 12 is provided with a verification mechanism for
verifying the authenticity of the key 32.
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page9 of 11
-.
US 6,799,084 B2
5
The recordable data carrier 32 is configured to receive
6
The inventor believes that the invention is advantageous
in that it will permit a user who has once purchased some
data, and has subsequently lost the data carrier or who has
deleted the relevant data, to re-record the data without
data only from a data dispensing device 20, 22, 24, autho-
rised for a particular data carrier 32 i.e. at the premises of an
authorised vendor 14, 16, 18, and to be read by any suitable
reader, for example, a home entertainment centre 34. · 5 repurchasing it.
Once a selection has been paid for the data corresponding
to that selection is downloaded from the main computer of
Furthermore, the inventor believes that it is an advantage
of the invention that a user can purchase or rent the data e.g.
music, video etc. for a predetermined period of time, and pay
therefor accordingly with the copyright owner being cred-
the data depot 12, via the terminal 20.1, 20.2, 20.3, 22.1,
22.2, 22.3, 24.1, 24.2, 24.3, onto the data carrier 30 and a
royalty payment to the copyright owner and/or licensee,
which is iQcluded in the transaction amount, is transferred to
or credited to the account of said copyright owner and/or
licensor either automatically at the time of the transaction or
later.
10 ited with royalties accordingly.
The vendor 14, 16, 18 thus does not require large data
15
storage facilities, nor as with conventional record bars, video
shops and software outlets, large stock holding tying up floor
space and capital. A vendor 16 may provide one or more
vending booths 16.1, which may be in the form of a vending
machine type apparatus, similar to those currently used for
other transactions. The booth can include the data dispensing
20
device and payment means.
TI1e recordable data carrier 30 is configurable, through the
data recorded thereon or otherwise, to permit reading of the
data stored thereon for a predetermined period of time only,
whereafter the data is either marked as stale and later
25
deleted, or deleted immediately. '!be above function is
monitored from the dispensing terminal 20.1, 20.2, 20.3,
22.1, 22.2, 22.3, 24.1, 24.2, 24.3, and requires periodic
communication with a terminal 20.1, 20.2, 20.3, 22.1, 22.2,
30
22.3, 24.1, 24.2, 24.3, to keep the data carrier alive. This
permits tight control to be exercised over the copyright in the
data on the data carrier 30 as any unauthorised data on the
data carrier 30 can be deleted by the terminal 20.1, 20.2,
20.3, 22.1, 22.2, 22.3, 24.1, 242, 24.3, during the periodic
35
communication.
This functionality permits the so called renting of data,
rather than purchasing the use thereof for an indefinite
period, and is particularly suited to music and video data as
well as ensuring regular contact between the vendor and the
40
user for sales purposes.
Thus, a copyright owner 42 may access the database 40 to
determine the royalties collected so far and due to him, the
client base he has, changing trends, and the like.
Likewise a user of the system who owns or is in autho- 45
rised posession of one or more data carrier 30 may access the
data base 40 determine which data he has paid for and is
entitled to, how his preferences have changed with time, and
the like. This is possible even if there are several data
carriers 30 linked to the single user since the database 40 50
links the data carriers of a user to that user. Furthermore, in
the event of theft or loss of one or more data carrier, the
system will allow the lost or stolen data carrier to be
scrambled, deleted, disabled, or otherwise made inoperative
from a remote location or when such a data carrier 30 is next 55
presented for recording of further data at a terminal 20.1,
20.2, 20.3, 22.1, 22.2, 22.3, 24.1, 24.2, 24.3, while the
rightful owner or possessor is able to re-record the lost data
at said terminal without further payment or at reduced cost.
The database 40 may be stored on the data depot 12, on 60
the data dispenser 20.1, 20.2, 20.3, 22.1, 22.2, 22.3, 24,1,
24.2, 24.3, on the data carrier 30, or on a combination of any
of the aforementioned i.e. a decentralised database.
The inventor envisages that the system could be operated
as a franchise operation with a main computer operator i.e. 65
the wholesaler, and a number of vendors i.e. the retailer,
much like present record bars and the like.
What is claimed is:
1. A data vending system including:
a data depot for storing one or more data types selected
from the group consisting of digitized music, analog
music, video, games, information, and computer pro-
grams;
a data dispensing device in communication with the data
depot;
a uniquely identifiable recordable data carrier configured
for recording data from the data dispensing device;
a database for keeping a record of the data recorded by a
user onto said data carrier, at least a part of which
databao;e is stored remotely from said data carrier,
wherein the database also maintains at least one of owner
and possessor records for each said data carrier selected
from the group consisting of ownership history of the
data carrier, possession history of the data carrier,
personal details of the past and present owner and
possessor of the data carrier, demographic data about
the user and owner of the data carrier, data recorded
onto the data-earlier at an authorized data dispensing
device, data rented and the rental period, the user's
normal requirements, the user's payment records, roy-
alties paid to the copyright owner by the user, and
favorite data of the user;
wherein the data carrier is a multiple use recordable data
carrier which includes key means for at least one
function selected from activating the data carrier for
receiving data, deactivating the data carrier for receiv-
ing data, activating the data carrier for releasing data,
and deactivating the data carrier for releasing data,
wherein the key means includes at least one of a
hardware key and a software key linked to a micro-
processor operatively associated with a data carrier;
and
wherein the data dispensing device is provided with a
verification mechanism for verifying the authenticity of
the key means.
2. A data vending system including:
a data depot for storing one or more data types selected
from the group consisting of digitized music, analog
music, video, games, information, and computer pro-
grams;
a data dispensing device in communication with the data
depot;
a uniquely identifiable recordable data carrier configured
for recording data from the data dispensing device;
a database for keeping a record of the data recorded by a
user onto said data carrier, at least a part of which
database is stored remotely from said data carrier,
wherein the database also maintains at least one of owner
and possessor records for each said data carrier selected
from the group consisting of ownership history of the
data carrier, possession history of the data carrier,
personal details of the past and present owner and
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page10 of 11

. ...
US 6, 799,084 B2
7
possessor of the data carrier, demographic data about
the user and owner of the data carrier, data recorded
onto the data carrier at an authorized data dispensing
device, data rented and the rental period, the user's
normal requin::ments, the user's payment records, roy- 5
allies paid to the copyright owner by the user, and
favorite data of the user;
wherein the recordable data carrier is configured to be
read only by a data carrier reader authorized for a
particular data carrier or a particular class of data 10
carrier.
3. A data vending system including:
a data depot for storing one or more data types selected
from the group consisting of digitized music, analog
music, video, games, information, and computer pro-
15
grams;
a data dispensing device in communication with the data
depot;
a uniquely identifiable recordable data carrier configured
2
o
for recording data from the data dispensing device;
a database for keeping a record of the data recorded by a
user onto said data carrier, at least a part of which
database is stored remotely from said data carrier,
wherein the database also maintains at least one of owner 25
and possessor records for each said data carrier selected
from the group consisting of ownership history of the
data carrier, possession history of the data carrier,
personal details of the past and present owner and
possessor of the data carrier, demographic data about 30
the user and owner of the data carrier, data recorded
onto the data carrier at an authorized data dispensing
device, data rented and the rental period, the user's
normal requirements, the user's payment records, roy-
alties paid to the copyright owner by the user, and 35
favorite data of the user;
wherein the recordable data carrier is configured to permit
or prohibit the reading of data recorded thereon or the
recording of data thereon by a code which is altered
periodically when the data carrier is in data communi-
40
cation with the data depot or the data dispensing device.
4. A data vending system including:
a data depot for storing one or more data types selected
from the group consisting of digitized music, analog
45
music, video, games, information, and computer pro-
grams;
8
normal requirements, the user's payment records, roy-
alties paid to the copyright owner by the user, and
favorite data of the user;
wherein the recordable data carrier is configurable to
permit reading of the data stored thereon for a prede-
termined period of time only, whereafter the data is
processed in at least one way selected from marked as
stale and later deleted, deleted immediately, and
scrambled.
5. A data vending system as claimed in claim 4, wherein
the processing of the data is initiated from a remote location
by at least one of radio, satellite, data cable, and telephone
cable.
6. A vending booth for use with a data vending system
comprising:
a data depot for storing one or more data types selected
from the group consisting of digitized music, analog
music, video, games, information, and computer pro-
grams;
a data dispensing device in communication with the data
depot;
a uniquely identifiable recordable data carrier configured
for recording data from the data dispensing device;
a database for keeping a record of the data recorded by a
user onto said data carrier, at least a part of which
database is stored remotely from said data carrier;
wherein the database also maintains at least one of
owner and possessor records for each said data carrier
selected from the group including ownership history of
the data carrier, possession history of the data carrier,
persona]· details of the past and present owners and
possessors of the data carrier, demographic data about
the users and owners of the data carrier, data recorded
onto the data carrier at an authorized data dispensing
device, data rented and the rental period, the user's
normal requirements, the user's payment records, roy-
alties paid to the copyright owner by the user, and
favorite data of the user,
the vending booth including a data dispensing device in
communication with the data depot, the data dispensing
device being configured for dispensing data to an
authorized recordable data carrier configured for
recording data from the data dispensing device and for
exchanging data regarding the dispensed data with a
database for storing user information for each record-
able data carrier.
a data dispensing device in communication with the data
depot;
a uniquely identifiable recordable data carrier configured
for recording data from the data dispensing device;
a database for keeping a record of the data recorded by a
user onto said data carrier, at least a part of which
database is stored remotely from said data carrier,
7. A vending booth as claimed in claim 6, wherein the
booth includes electronic payment means in the form of a
50
card or token reader configured to debit an account of a user
responsive to the dispensing of data from the data dispensing
device on the recordable data carrier.
wherein the database also maintains at least one of owner
and possessor records for each said data carrier selected
from the group consisting of ownership history of the
data carrier, posses.sion history of the data carrier,
personal details of the past and present owner and
possessor of the data carrier, demographic data about
the user and owner of the data carrier, data recorded
onto the data carrier at an authorized data dispensing
device, data rented and the rental period, the user's
8. A vending booth as claimed in claim 6, wherein the data
dispensing device is in the form of a computer terminal
55
having a user interface, a data writer configured for use with
the data carrier, and a communication device for permitting
data transfer communication with the data depot by means
of one or more data transfer means selected from the group
consisting of dedicated data lines, optic fiber cables, tele-
60 phone lines, satellite link-up, radio transmission, and broad-
band cable.
* * * * *
Case3:12-cv-01534-LB Document1 Filed03/27/12 Page11 of 11
I
JS 4;1 CAND (Rev. 1211 I)
CIVIL COVER SHEET
'44 ci sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers
_.tJocul rules oftourt. This form, approved by the Judicial Conference of the United States in September 1974, is required for the usc of the Clerk
( _JJ... civil QOCket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
•PLAINTIFFS
NJAMIN GROBLER
• •
I
I
DEFENDANTS
APPLE INC.
i
County of Residence of First Listed Plaintiff SOUTH AFRICA
!EXCEPT IN U.S. PLAINTIFF CASES) (IN US PLAINTIFF CASES ONLY)
County ofRes1dcnce of First Listed Defendant SANTA CLARA
NOTE IN LAND CONDEMNATION CASES, USE THE LO ATION OR
THE TRACT OF LAND INVOLVED
I( c) AttOm,l<yS !Firm Name. Addren. and Telephone Number)
THE LANIEK LAW FIRM, P.C. (650) 322-9100
Attorneys (!(Known) AD R' I
2200 GENG ROAD, SUITE 200
PALO ALTO CALIFORNIA 94303
,. , . ....,.,...
' I"'\
JJ, BASIS OF JURISDICTION (Place all "X" in One Box Only) OF Itt.llil:IPAL PARTIES!Piacean "X"i110ne oxforPiailliff)
::J I U.S. Government
Plaintiff
2 U.S. Government
Defendant
IV. NATURE OF SUIT
L...- (For Diversity Cases Only) and One Box .fori efendant)
M 3 Federal Question PTF DEF P F DEF
(U.S. Governme111 Not a Party) Citizen of This State 0 I 0 I Incorporated or Principal Place CJ 4 ::::J 4
of Business In This State
.3 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Pnncipal Place 0 5 0
(Indicate Citizenship of Parties in Item Ill) of Business In Another State
s.!
Citizen or Subject of a 0 3 0 3 Foreign Nat ion 0 6 0 61
Foreign Country_
I
(Place a11 "X" ill One Box 011ly)
;' "'" •,';0hk4:.
PERSONAL INJURY
0 365 Personal Injury -
Product Liability
0 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
0 625 Drug Related Seizure
of Property 21 USC 881
0 690 Other
0 422 Appea128 USC 158
0 423 Withdrawal
28 usc 157
0 375 False Clain s Act
CJ 400 State Reap ortionment !
a 410 Antitrust I
a 430 Banks and anking
,. ··} CJ 450 Commerce . I
830 Pa 0 4 70 Racketeer rOuenced
CJ 840 Trade Corrupt Or anizations ,i

L §Zl·opyri ts 0 460 Deportatio I
Injury Product 0 480 Consumer redit 1
Liability F <>:<ltv, CIA ,... 0 490 Cable/Sat V ,1
PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 HIA (139511) 0 850 Securities/(
0 370 Other Fraud Act 0 862 Black Lung (923) Exchange 'I
0 371 Truth in Lending 0 720 Labor/Mgmt. Relations 0 863 DIWC/DIWW (405(g)) 0 890 Other Statu ory Actions!
0 380 Other Personal Cl 740 Railway Labor Act 0 864 SSID Title XVI 0 891 Agricultura Acts I
Property Damage Cl 751 Family and Medical 0 865 RSI (405{g)) 0 893 Environme tal Matters !
Cl 385 Property Damage Leave Act 0 895 Freedom o lnformatioq
1
,
Product Liability 0 790 Other Labor Litigation Act !

791
Empl. Ret. Inc. L. Security Act
0 896 Arbitration i
=-:II"'A:":((:O:./ll:T,"'!lA,.l"::"':x=!ltJJ=IITS="'" ':N-rli 0 899 AdminJStra ive
I
Act/Revie or Appeal ¢tf 0 870 Taxes (U.S. Plaintiff 0 210 Land Condemnation
0 220 Foreclosure
0 440 Other Civil Rights
0 441 Votiog
a 510 Motions to Vacate
Sentence or Defendant) Agency De is ion i
0 950 Constitutio ality of I CJ 230 Rent Lease & Ejectment
0 240 Torts to Land
0 245 Tort Product Liability
0 290 All Other Real Property
0 442 Employment
0 443 Housing/
Accommodations
0 445 A mer. w/Disabilities-
Employment
0 446 A mer. w/Disabilities -
Other
CJ 448 Education
Habeas Corpus:
CJ 530 General
0 535 Death Penalty
a 540 Mandamus & Other
0 550 Civil Rights
CJ 555 Prison Condition
Cl 560 Civil Detainee-
Conditions of
Confinement
Y:Li:i IMM1Gii!W1'1UI!iliff:
7
:"
a 462 Naturalization Application
CJ 463 Habeas Corpus-
Alien Detainee
(Prisoner Petition)
0 465 Other Immigration
Actions
0 871 IRS- Third Party
26 usc 7609
V. ORIGIN
Original
Proceeding
(Place an "X" in One Box Only) Transferred from
0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 another district 0 6 Multi district
State Court Appellate Court Reopened fsnecifvJ Litigation
Brief dcscrij>tion of cause:
PATENT INFRINGEMENT
Cite the U.S. Civil Statute under which you arc filing (Do not cite jurisdictional statutes unless diversity):
35 U.S. C. SECTIONS 101 et seq.
VI. CAUSE OF ACTION
State Statu s
VII. REQUESTED IN
COMPLAINT:
0 CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
DEMAND$ CHECK YES only if demanded in co nplaint:
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE
IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
(Place an "X" in One Box Onlyl 0 SAN FRANCISCO/OAKLAND
JURY DEMAND: C No
DOCKET NUMBER
0 SAN JOSE 0 EUREKA
DATE 03/27/2012 SIGNATURE OF ATTORNEY OF RECORD /S/ CHRISTOPHER D. BANYS
I
.i
:
Case3:12-cv-01534-LB Document1-1 Filed03/27/12 Page1 of 1