Toshiyasu Abe Files Patent Infringement Suit Against Apple

Case 3:18-cv-01067-SB Document 1 Filed 06/19/18 Page 1 of 23
Susan Ford, OSB No. 970362

1 susan@resnovalaw.com
2 Jia J. Feng, OSB No. 161130
jia@resnovalaw.com
3 RES NOVA LAW
1455 NW Irving Street, Suite 200
4 Portland, OR 97209
Tel: (971) 247-4023
5
6 Attorneys for Plaintiff Toshiyasu Abe
7
8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF OREGON
10 PORTLAND DIVISION
11
TOSHIYASU ABE, an individual,
12 Case No. _______________
13 Plaintiff,
14 v. COMPLAINT FOR PATENT

INFRINGEMENT
15 APPLE, INC., a California corporation,
DEMAND FOR JURY TRIAL
16 Defendant.
17
18
19 Plaintiff Toshiyasu Abe (“Mr. Abe”) complains and alleges as follows against
20 Defendant Apple, Inc. (“Apple”):
21 NATURE OF THE ACTION
22 1. This is an action for patent infringement arising under the patent laws of the
23 United States, 35 U.S.C. § 101 et seq.
24 2. Mr. Abe owns exclusive rights to the patent at issue and described below. Mr.
25 Abe is also the inventor of the patented technology.
26 //
29 Page 1 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

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1 3. Apple has infringed and is infringing Mr. Abe’s patent, without Mr. Abe’s
2 permission, on touchscreen devices (i.e., at least the Apple iPad and iPhone) that Apple makes,
3 uses, offers for sale, sells, and imports into the United States.
4 4. Mr. Abe seeks, among other relief, an injunction preventing Apple from further
5 infringement of his patent, and damages and/or a disgorgement of Apple’s profits resulting
6 from its infringing activities.
7 THE PARTIES
8 5. Plaintiff Toshiyasu Abe (“Mr. Abe”) is an individual residing in Vancouver,
9 Washington and doing business in Portland, Oregon. He is also the sole owner and inventor of
10 the patent at issue.
11 6. Defendant Apple, Inc. (“Apple”) is a corporation organized and existing under
12 the laws of the State of California. Its principal place of business is located at Apple Park, 1
13 Apple Park Way, Cupertino, California 95014.
14 JURISDICTION AND VENUE
15 7. The causes of action for patent infringement herein arise under the patent laws
16 of the United States, 35 U.S.C. § 271. This Court has subject matter jurisdiction over the
17 claims for patent infringement pursuant to 28 U.S.C. §§ 1331 and 1338(a).
18 8. This Court has personal jurisdiction over Apple at least because Apple has
19 committed acts of direct and indirect patent infringement in this judicial district, and because
20 Apple has a regular and established business in Portland, Oregon—including through online
21 sales, three Apple Store locations, and up to hundreds of authorized reseller locations in the
22 Portland metro area.
23 9. Venue is proper under 28 U.S.C. § 1400(b) because Apple has committed acts
24 of direct and indirect patent infringement in this judicial district and has a regular and
25 established business in Portland, Oregon and surrounding areas. Specifically, on information
26 and belief, Apple has three retail stores in the Portland metro area; 701 employees in Oregon;

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1 19,400 App Store ecosystem jobs in Oregon; 220 suppliers with 11 manufacturing facilities in
2 Oregon; and a large data center in Oregon, where Apple has installed two micro hydro sites.
3 Furthermore, Apple owns or leases real property or offices in Oregon, has inventory in
4 Oregon, and is registered to do business in Oregon.
5 BACKGROUND
6 A. Mr. Abe’s Patent
7 10. Mr. Abe has been an entrepreneur and inventor for nearly his entire life. In the
8 early 2000s, Mr. Abe dedicated substantial time and resources into developing, promoting, and
9 protecting the then-novel user interface device claimed in United States Patent No. 6,520,699,
10 titled “KEYBOARD” (the “‘699 patent”). A true and correct copy of the ‘699 patent is
11 attached hereto as Exhibit 1, which is hereby incorporated by reference.
12 11. Mr. Abe is the sole owner of the ‘699 patent and has been since it was issued to
13 him on February 18, 2003. Mr. Abe also happens to be the sole inventor of the ‘699 patent. To
14 date, Mr. Abe has significantly invested in research and development, promoting his invention
15 at mobile phone trade shows, and enforcing his patent rights against infringers—including
16 Apple and third parties.
17 12. Additionally, Mr. Abe has taken steps to protect his innovative technology in
18 the United States and abroad, and owns a Chinese patent covering the same technology as the
19 ‘699 patent. Relevant to this dispute, Mr. Abe owns all right, title, and interest in, and has the
20 right to sue and recover for past, present, and future infringement of, the ‘699 patent from
21 February 18, 2003—the date that the ‘699 patent was duly and legally issued to Mr. Abe.
22 13. The ‘699 patent is generally directed to a user interface device that streamlines
23 the process of selecting a character and/or function, in that it allows for faster and/or one-
24 handed typing, and obviates the need to press the “Shift” or “Option” button to select a special
25 character or function. For example, the ‘699 patent covers at least a touchscreen device having
26 a plurality of buttons displayed on the screen, each button being associated with a plurality of

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1 characters or functions. When a user touches or taps on a button, the device will respond by
2 displaying a plurality of characters or functions associated with that button. The device can
3 also detect an applied force and direction of motion, which enables a user to simply flick or
4 swipe their finger toward the desired character or function to thereby select that character or
5 function.
6 14. Apple has also implemented Mr. Abe’s patented technology on at least its
7 iPads and iPhones in the United States, as well as in other countries. The subject matter of the
8 ‘699 patent has particularly gained popularity in Japan, where it is widely used and known as
9 “Flick Input.” Flick-style iPhone keyboards are also available for download and/or purchase
10 through Apple’s online App Store.
11 B. Apple’s Willful Infringement of the ‘699 Patent
12 15. Apple has known of Mr. Abe’s ‘699 patent since at least as early as 2009.
13 Despite that knowledge, Apple has continued its unauthorized infringing activities. In 2009,
14 Mr. Abe gave written notice to Apple of its infringement of the ‘699 patent. Mr. Abe
15 attempted to engage in good faith negotiations with Apple regarding its unauthorized use of
16 the ‘699 patent, including exchanging a number of emails and engaging in at least one
17 telephonic discussion with Apple’s in-house counsel at that time. However, the parties were
18 unable to reach an agreement. Since then, Apple has continued to willfully, wantonly, and
19 deliberately infringe the ‘699 patent—both directly and indirectly.
20 16. Then, in 2017, Mr. Abe discovered an increase in Apple’s infringing activities
21 relating to the release of iOS 11, prompting Mr. Abe to send Apple another patent
22 infringement notification letter, dated December 27, 2017. The December 27, 2017 letter
23 identified Apple’s infringing products generally as iPads and iPhones, and included a
24 representative claim chart showing an element-by-element analysis of Apple’s infringement of
25 the ‘699 patent. Apple acknowledged receipt of the letter on January 8, 2018. Again, Mr. Abe
26 attempted to engage in good faith negotiations with Apple, this time through counsel.

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1 17. Specifically, the parties exchanged several written communications by email
2 and regular mail, and held telephonic meetings on February 20, 2018 as an introductory phone
3 call, and then on March 28, 2018 to discuss Apple’s potential licensing of Mr. Abe’s ‘699
4 patent, as well as his Chinese patent. Responsive to the questions that Apple raised during the
5 March 28, 2018 phone call, Mr. Abe sent Apple a detailed response letter and additional claim
6 chart on April 9, 2018, explaining how the claims of the ‘699 patent read on the Apple’s
7 infringing iPads and iPhones. Mr. Abe requested that Apple respond by April 27, 2018 as to
8 further the licensing discussions between the parties. Apple never responded.
9 18. Despite Mr. Abe’s good faith efforts—first in 2009 and then again starting in
10 2017—Apple refused to license the ‘699 patent. Since 2009, Apple has done nothing to avoid
11 infringement and has, in fact, continued to release additional technology and features that
12 infringe the ‘699 patent. Apple has even instructed, directed, and encouraged third parties to
13 infringe on the ‘699 patent—all without Mr. Abe’s authorization.
14 C. Apple’s Accused Products
15 19. Apple has infringed and continues to infringe Mr. Abe’s valuable intellectual
16 property in a multitude of ways and through numerous avenues. On information and belief,
17 without Mr. Abe’s authorization, Apple made, used, offered for sale, sold, and imported into
18 the United States products having user interfaces that infringe the ‘699 patent (the “Accused
19 Products”). The Accused Products include at least the following Apple iPad and iPhone
20 models:
21 • 10.5-inch iPad Pro • iPad Mini 3
22 • 9.7-inch iPad Pro • iPad Mini 2
23 • 9.7-inch iPad • iPad Air 2
24 • iPad Mini 4 • iPad Air
25 • iPhone X • iPhone 8
26 • iPhone 8 Plus • iPhone 7 Plus

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1 • iPhone 7 • iPhone 6s
2 • iPhone 6s Plus
3 20. On information and belief, Apple designs the Accused Products in California
4 and manufactures the Accused Products overseas. For example, on information and belief,
5 Apple manufactures the Accused Products in China, through Hon Hai Precision Industry Co.,
6 Ltd., trading as Foxconn Technology Group, and then imports them into the United States. On
7 information and belief, Apple also imports components of the Accused Products from various
8 other countries (such as Japan and South Korea) into the United States.
9 21. On information and belief, Apple offers to sell and sells the Accused Products
10 through authorized resellers at thousands of online and retail locations worldwide, including
11 virtually all big-box retailers that carry electronics. Through at least the foregoing identified
12 manners, Apple makes, uses, sells, offers to sell, and imports into the United States the
13 Accused Products.
14 22. Additionally, on information and belief, Apple has sold hundreds of millions of
15 Accused Products worldwide in just the last few years. Specifically, Apple owns and operates
16 a global retail website located at www.Apple.com, and more than 500 Apple Stores across 24
17 countries—including 272 retail stores in the United States—all of which offer to sell and sell
18 the Accused Products. The Accused Products are ubiquitous and are only increasing in
19 popularity. In 2017, the CNBC All-America Economic Survey reported that 64% of
20 Americans own at least one Apple product, and the average United States household owns an
21 average of 2.6 Apple products.1 On information and belief, Apple products that were released
22 in recent years are Accused Products. Accordingly, Apple has knowingly caused up to
23 hundreds of millions of users to infringe on the ‘699 patent in the United States alone.
24 23. On information and belief, Apple has used Mr. Abe’s patented technology on
25 its iPads and iPhones, at least in the form of the iOS 11 keyboard feature that Apple calls “Key
26
1
CNBC, All-America Economic Survey, https://www.cnbc.com/2017/10/09/the-average-american-household-
owns-more-than-two-apple-products.html (last visited May 25, 2018).

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1 Flicks”—as well as the default keyboard on its iPhones. Key Flicks allows users to access
2 additional characters that are associated with each key, without having to tap the “Shift” key or
3 switch to the symbols keyboard. For example, a user may tap a key (e.g., “e”) to reveal
4 additional characters (e.g., “è,” “é,” “ê,” “ë,” “ē,” “ė,” and “ę”) and then flick or swipe to
5 select one of the additional characters. A similarly infringing technology is available on
6 Apple’s iPhones. Examples of both can be illustrated by the following claim chart:
7
8 Claim 52 of the ‘699 Patent Apple’s iPad and iPhone
A user interface device comprising: Although the preamble is not limiting, the
9
iPad (top) and iPhone (bottom) each include
10 a user interface in the form of a keyboard.
11
12
13
14
iPad
15
16
17
18
19 iPhone
20
a plurality of buttons displayed on a touch The iPad (top) and iPhone (bottom) each
21 sensitive screen, each button being include a plurality of buttons, each button
22 associated with a plurality of being associated with a plurality of
characters or functions; characters. Here, seven accented “E”
23 characters are associated with the regular
24 “E” button on both the iPad and iPhone.
25
26

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1
2
3
4
5 iPad
6
7
8
9
10
iPhone
11
a force detector for detecting force applied to The iPad (top) and iPhone (bottom) each
12
one or more of the plurality of include a detector for detecting force applied
13 buttons; to one or more of the plurality of buttons.
Here, the “G” button is selected by detecting
14
a force applied to the touchscreens of the
15 iPad and iPhone.
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17
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19
iPad
20
21
22
23
24 iPhone
25
a lateral movement sensor for sensing The iPad (top) and iPhone (bottom) each
26 direction of motion of a stroke include a sensor for sensing direction of
performed on the touch sensitive motion of a stroke performed on the screen.

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screen; and Here, the iPad and iPhone each sensed an

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eastward motion away from the “E” button
2 and toward the special character “Ë”.
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6
7
iPad
8
9
10
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12
13
iPhone
14
15 a selection component for selecting at least The iPad and iPhone each include a
one of a character or function based component for selecting the special character
16
on the detected force and the sensed “Ë” based on the detected force and sensed
17 direction of motion. direction of motion.
18
19
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21
22
23
iPad
24
25
26

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1
2
3
4
5 iPhone
6
7 24. Additionally, on information and belief, Apple has implemented Mr. Abe’s
8 patented technology on its iPhones at least in the form of the feature that Apple calls “3D
9 Touch.” 3D Touch allows users to access additional functionality by applying pressure to a
10 button displayed on a touchscreen (such as, but not limited to, an App button on the iPhone’s
11 Home Screen), which reveals a menu of options that the user may then select, without having
12 to lift their finger from the screen. This is illustrated by the following claim chart:
13
Claim 52 of the ‘699 Patent Apple’s iPhone
14 A user interface device comprising: Although the preamble is not limiting, the
15 iPhone includes a user interface in the form
of Apple’s Home Screen.
16
17
18
19
20
21
22 a plurality of buttons displayed on a touch The Home Screen includes a plurality of
sensitive screen, each button being buttons, each button being associated with a
23
associated with a plurality of plurality of functions. Here, the following
24 characters or functions; functions are associated with the selected
“Clock” button: “Create Alarm,” “Start
25
Stopwatch,” and “Start Timer.” The iPhone
26 allows access to these functions when it
detects a force applied to the “Clock” button.

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1
2
3
4
5
6
7 a force detector for detecting force applied to The iPhone includes a detector for detecting
8 one or more of the plurality of force applied to one or more of the plurality
buttons; of buttons. As shown below, the “Clock”
9 button is selected by detecting a force
applied to the touchscreen of the iPhone.
10
11
12
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15
a lateral movement sensor for sensing The iPhone includes a sensor for sensing
16 direction of motion of a stroke direction of motion of a stroke performed on
17 performed on the touch sensitive the screen. Here, the iPhone sensed a
screen; and southward motion away from the “Clock”
18 button and toward the “Start Timer”
function.
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26

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a selection component for selecting at least The iPhone includes a component for
1
one of a character or function based selecting the “Start Timer” function based on
2 on the detected force and the sensed the detected force and sensed direction of
direction of motion. motion.
3
4
5
6
7
8
9
10 25. Furthermore, on information and belief, Apple has induced infringement of the
11 ‘699 patent by third parties. Specifically, Apple actively aids, abets, encourages, and induces
12 the development of third party iPhone apps that implement Mr. Abe’s patented technology.
13 For example, Apple provides 3D Touch development resources to the public on at least its
14 website located at https://developer.apple.com/ios/3d-touch (the “3D Touch Developer
15 Website”), including detailed videos, articles, guides, and sample codes, e.g., “Adopting 3D
16 Touch on iPhone” and “iOS Human Interface Guidelines: 3D Touch.” Screenshots of the 3D
17 Touch Developer Website are attached hereto as Exhibit 2, which is hereby incorporated by
18 reference.
19 26. Additionally, on the 3D Touch Developer Website, Apple encourages the use of
20 its forum located at https://forums.developer.apple.com/community/app-frameworks/cocoa-
21 touch, which allows developers to discuss 3D Touch with each other, as well as with Apple
22 engineers. On the 3D Touch Developer Website, Apple also includes a link to a long but
23 curated list of third party apps in its App Store, all of which implement some form of 3D
24 Touch and many of which violate the ‘699 patent.
25 27. On information and belief, in addition to Apple’s Key Flicks, keyboard, and 3D
26 Touch, Apple makes available through its App Store several third-party apps that also infringe

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1 on the ‘699 patent. Examples of such infringing third party apps include (a) “FlickKey
2 Keyboard Notes,” (b) “FlickKey Mini Watch-sized Keyboard,” (c) “FlickTyperBT,” (d) “小吉
3 注音” (e) “Kikkou,” (f) “FlicKuma!” (g) “FlickPad,” (h) “Godan,” and more. Screenshots of
4 these infringing third party apps that Apple makes available in its App Store are attached
5 hereto as Exhibit 3, which is hereby incorporated by reference. The representative claim chart
6 below shows an example of Apple’s indirect infringement of the ‘699 patent, specifically, by
7 way of a third-party app that Apple makes available for download through its App Store. The
8 following claim chart shows an example of Apple’s indirect infringement of the ‘699 patent:
10 Claim 52 of the ‘699 Patent Third-Party iPhone App

A user interface device comprising: Although the preamble is not limiting, the
11
third-party iPhone app includes a user
12 interface in the form of a keyboard.
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15
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25
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a plurality of buttons displayed on a touch The third-party iPhone app includes a

1
sensitive screen, each button being plurality of buttons, each button being
2 associated with a plurality of associated with a plurality of words. Here,
characters or functions; the following words are associated with the
3
selected “t” key: “time,” “to,” “take,” “tell,”
4 “try,” “talk,” and “thought.”
5
6
7
8
9
10
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12
13
14
15 a force detector for detecting force applied to The third-party iPhone app includes a
one or more of the plurality of detector for detecting force applied to one or
16 buttons; more of the plurality of buttons. Here, the “t”
17 button is selected by applying a force to the
touchscreen of the iPhone.
18
19
20
21
22
23 a lateral movement sensor for sensing The third-party iPhone app includes a sensor
direction of motion of a stroke for sensing direction of motion of a stroke
24 performed on the touch sensitive performed on the screen. Here, the iPhone
25 screen; and sensed a southwestward motion away from
the “t” button and toward the word “try.”
26

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1
2
3
4
5
6
7
8
9
10 a selection component for selecting at least As shown below, third-party iPhone app
one of a character or function based includes a component for selecting the word
11
on the detected force and the sensed “try” based on the detected force and sensed
12 direction of motion. direction of motion.
13
14
15
16
17
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19
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21
22
23 28. On further information and belief, Apple has made, used, and continues to
24 make and use infringing products in the United States that Apple then offers to sell and sells in
25 Japan, at least by virtue of Apple’s claim that all of its products are “Designed by Apple in
26 California.” Specifically, as mentioned above, the immensely popular Flick Input reads on the

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1 ‘699 patent and, on information and belief, is available for use on all Japanese iPhones. Apple
2 also makes the infringing Japanese iPhone keyboard available for download and/or purchase in
3 the United States, through the App Store. The following claim chart shows an example of a
4 Japanese iPhone app downloaded from Apple’s App Store in the United States:
5
Claim 52 of the ‘699 Patent Flick Input on Apple’s iPhone
6 A user interface device comprising: Although the preamble is not limiting, the
7 Japanese iPhone keyboard is, in fact, a user
interface.
8
9
10
11
12
13
14
15 a plurality of buttons displayed on a touch The Japanese iPhone keyboard includes a
sensitive screen, each button being plurality of buttons, each button being
16
associated with a plurality of associated with a plurality of characters.
17 characters or functions; Here, four additional characters are
associated with the center button that is
18
selected (shown in blue).
19
20
21
22
23
24
25
26 a force detector for detecting force applied to The Japanese iPhone keyboard includes a
one or more of the plurality of detector for detecting force applied to one or

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buttons; more of the plurality of buttons. Here, the

1
blue-highlighted character is selected by
2 detecting a force applied to the touchscreen.
3
4
5
6
7
8
9
10 a lateral movement sensor for sensing The Japanese iPhone keyboard includes a
11 direction of motion of a stroke sensor for sensing direction of motion of a
performed on the touch sensitive stroke performed on the screen. Here, the
12 screen; and iPhone sensed a northward motion away
13 from the center button and toward the blue-
highlighted character.
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15
16
17
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26

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a selection component for selecting at least As shown below, the Japanese iPhone
1
one of a character or function based keyboard includes a component for selecting
2 on the detected force and the sensed the character “く” based on the detected
direction of motion. force and sensed direction of motion.
3
4
5
6
7
8
9
10
11
12
29. The preceding claim charts are only examples of Apple’s ongoing and willful
13
infringement of the ‘699 patent, both directly and indirectly. In addition to the Accused
14
Products and Apple’s own apps for use therewith, there exists a countless number of infringing
15
third party apps that Apple makes available for download and/or purchase through its App
16
Store. Mr. Abe expects the identification and discovery of additional Accused Products as
17
litigation continues.
18
FIRST CLAIM FOR RELIEF
19
(Direct Patent Infringement Under 35 U.S.C. § 271(a))
20
30. Mr. Abe re-alleges and incorporates by reference the allegations set forth in
21
paragraphs 1–29 of this Complaint as if full set forth herein.
22
31. Apple has directly infringed and continues to directly infringe the ‘699 patent
23
by making, using, offering to sell, selling, and importing into the United States—including in
24
this judicial district—Accused Products comprising at least various models of iPads and
25
iPhones, in violation of 35 U.S.C. § 271(a). The Accused Products each include the user
26

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1 interface technology claimed by the ‘699 patent, and further investigation and discovery may
2 reveal other and additional Accused Products.
3 32. Apple’s acts of making, using, offering for sale, selling, and importing into the
4 United States the Accused products has been without the permission, consent, authorization, or
5 license of Mr. Abe.
6 33. Apple’s infringement is based upon literal infringement or infringement under
7 the doctrine of equivalents, or both.
8 34. Apple’s infringement of the ‘699 patent has been willful since at least as early
9 as 2009, when Apple received a patent infringement notification from Mr. Abe. Despite
10 acknowledging and responding to Mr. Abe’s notification, in addition to investigating the ‘699
11 patent, Apple has continued to infringe Mr. Abe’s valuable intellectual property rights.
12 35. As a result of Apple’s unlawful activities, Mr. Abe has suffered and will
13 continue to suffer harm at least in the form of direct and indirect competition, loss of profits,
14 and loss of business opportunities.
15 36. Apple’s direct infringement of the ‘699 patent has injured and continues to
16 injure Mr. Abe in an amount to be proven at trial, but not less than a reasonable royalty.
17 SECOND CLAIM FOR RELIEF
18 (Indirect Patent Infringement Under 35 U.S.C. § 271(b))
19 37. Mr. Abe re-alleges and incorporates by reference the allegations set forth in
20 paragraphs 1–36 of this Complaint as if full set forth herein.
21 38. Apple has induced and continues to induce infringement of the ‘699 patent in
22 violation of 35 U.S.C. § 271(b). In addition to directly infringing the ‘699 patent, Apple
23 indirectly infringes the ‘699 patent by instructing, directing, and encouraging others—
24 including customers, purchasers, users, and developers—to use and/or develop Mr. Abe’s
25 patented technology without Mr. Abe’s permission, consent, authorization, or license.
26 //

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1 39. Apple knowingly and actively aided and abetted and continues to aid and abet
2 the direct infringement of the ‘699 patent by instructing, directing, and encouraging others—
3 including customers, purchasers, users, and third party developers—to use and/or develop Mr.
4 Abe’s patented technology without Mr. Abe’s authorization. Such instruction, direction, and
5 encouragement includes, without limitation, advising third parties on how to use the Accused
6 Products, providing mechanisms through which third parties may infringe the ‘699 patent,
7 making infringing products available for download and/or purchase through Apple’s App
8 Store, advertising and promoting the use of the Accused Products, distributing guidelines and
9 instructions to third parties on how to use the Accused Products, and distributing guidelines
10 and instructions to third parties on how to develop third party apps that infringe the ‘699
11 patent.
12 40. As a result of Apple’s unlawful activities, Mr. Abe has suffered and will
13 continue to suffer harm at least in the form of direct and indirect competition, loss of profits,
14 and loss of business opportunities.
15 41. Apple’s indirect infringement of the ‘699 patent has injured and continues to
16 injure Mr. Abe in an amount to be proven at trial, but not less than a reasonable royalty.
17 PRAYER FOR RELIEF
18 WHEREFORE, Mr. Abe respectfully requests that the Court grant the following relief:
19 1. A judgment that the ‘699 patent is valid and enforceable;
20 2. A judgment that Apple has directly infringed, contributorily infringed, and/or
21 induced infringement of one or more claims of the ‘699 patent;
22 3. A judgment and order preliminarily and permanently enjoining Apple and its
23 officers, directors, agents, servants, employees, affiliates, attorneys, contractors, parents,
24 subsidiaries, divisions, successors, assigns, and all persons in active concert or participation
25 with it from any further acts of infringement of the ‘699 patent;
26 //

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1 4. A judgment and order requiring Apple to pay Mr. Abe all damages adequate to
2 compensate him for Apple’s infringement of the ‘699 patent, in an amount to be proven at
3 trial, and in no event less than a reasonable royalty for Apple’s acts of infringement, including
4 all pre-judgment and post-judgment interest at the maximum rate permitted by law;
5 5. A judgment and order requiring Apple to pay Mr. Abe all damages, in an
6 amount to be proven at trial and including treble damages, based on any infringement the
7 Court finds to be willful, pursuant to 35 U.S.C. § 284, together with pre-judgment and post-
8 judgment interest as authorized by law;
9 6. A judgment and order requiring Apple to pay Mr. Abe his actual damages
10 suffered as a result of Apple’s acts of infringement, in an amount to be proven at trial, together
11 with pre-judgment interest and post-judgment as authorized by law;
12 7. A judgment and order requiring Apple to pay Mr. Abe supplemental damages
13 or profits for any continuing post-verdict infringement up until entry of the final judgment,
14 with an accounting, if necessary;
15 8. A determination that this case is exceptional pursuant to 35 U.S.C. § 285 and
16 that Mr. Abe be awarded his reasonable attorney’s fees, litigation expenses, expert witness
17 fees, and costs incurred in this action;
18 9. That Mr. Abe have such other and further relief as the Court deems just and
19 proper.
20 DEMAND FOR JURY TRIAL
21 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Mr. Abe hereby
22 demands a trial by jury on all issues so triable.
23 //
24 //
25 //
26 //

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1 DATED this 19th day of June 2018.
3 Respectfully Submitted,
4 By: s/ Jia J. Feng

5 Susan Ford, OSB No. 970362
susan@resnovalaw.com
jia@resnovalaw.com
7 RES NOVA LAW
8 1455 NW Irving Street, Suite 200
Portland, OR 97209
9 Tel: (971) 247-4023

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1 ATTORNEY CERTIFICATE OF SERVICE
2 I hereby certify that on June 19th, 2018, I have made service of the foregoing
3 COMPLAINT FOR PATENT INFRINGEMENT on the party listed below in the manner
4 indicated:
5
6 Jeffrey Lasker, Cal. Bar No. 246029 U.S. Mail
Senior Counsel, IP Transactions Facsimile
7 APPLE, INC. Hand Delivery
1 Infinite Loop Overnight Courier
8 MS 169-3IPL Email
Cupertino, CA 95014 Electronically via CM/ECF system
9 Phone: (408) 862-1377
10 Email: jlasker@apple.com
11 Attorney for Defendant Apple, Inc.

12
13 DATED this 19th day of June 2018.
14
15 By: s/ Jia J. Feng
16 Susan Ford, OSB No. 970362

susan@resnovalaw.com
jia@resnovalaw.com
18 RES NOVA LAW
1455 NW Irving Street, Suite 200
19
Portland, OR 97209
20 Tel: (971) 247-4023

22
23
24
25
26
29 Page 1 of 1 – CERTIFICATE OF SERVICE

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Toshiyasu Abe Files Patent Infringement Suit Against Apple

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Toshiyasu Abe Files Patent Infringement Suit Against Apple

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Case 3:18-cv-01067-SB Document 1 Filed 06/19/18 Page 1 of 23

Susan Ford, OSB No. 970362

9 FOR THE DISTRICT OF OREGON

14 v. COMPLAINT FOR PATENT

20 Defendant Apple, Inc. (“Apple”):

21 NATURE OF THE ACTION

23 United States, 35 U.S.C. § 101 et seq.

25 Abe is also the inventor of the patented technology.

29 Page 1 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

6 from its infringing activities.

8 5. Plaintiff Toshiyasu Abe (“Mr. Abe”) is an individual residing in Vancouver,

10 the patent at issue.

11 6. Defendant Apple, Inc. (“Apple”) is a corporation organized and existing under

13 Apple Park Way, Cupertino, California 95014.

14 JURISDICTION AND VENUE

17 claims for patent infringement pursuant to 28 U.S.C. §§ 1331 and 1338(a).

22 Portland metro area.

25 established business in Portland, Oregon and surrounding areas. Specifically, on information

29 Page 2 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

4 Oregon, and is registered to do business in Oregon.

6 A. Mr. Abe’s Patent

11 attached hereto as Exhibit 1, which is hereby incorporated by reference.

16 Apple and third parties.

29 Page 3 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

10 through Apple’s online App Store.

11 B. Apple’s Willful Infringement of the ‘699 Patent

19 deliberately infringe the ‘699 patent—both directly and indirectly.

24 representative claim chart showing an element-by-element analysis of Apple’s infringement of

29 Page 4 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

1 17. Specifically, the parties exchanged several written communications by email

13 infringe on the ‘699 patent—all without Mr. Abe’s authorization.

14 C. Apple’s Accused Products

21 • 10.5-inch iPad Pro • iPad Mini 3

22 • 9.7-inch iPad Pro • iPad Mini 2

23 • 9.7-inch iPad • iPad Air 2

24 • iPad Mini 4 • iPad Air

26 • iPhone 8 Plus • iPhone 7 Plus

29 Page 5 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

29 Page 6 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

5 select one of the additional characters. A similarly infringing technology is available on

29 Page 7 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

29 Page 8 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

screen; and Here, the iPad and iPhone each sensed an

29 Page 9 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

9 Touch.” 3D Touch allows users to access additional functionality by applying pressure to a

29 Page 10 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

29 Page 11 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

29 Page 12 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

10 Claim 52 of the ‘699 Patent Third-Party iPhone App

29 Page 13 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

a plurality of buttons displayed on a touch The third-party iPhone app includes a

29 Page 14 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

29 Page 15 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

29 Page 16 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

buttons; more of the plurality of buttons. Here, the

29 Page 17 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

29 Page 18 of 22 – COMPLAINT FOR PATENT INFRINGEMENT

2 reveal other and additional Accused Products.

5 license of Mr. Abe.

6 33. Apple’s infringement is based upon literal infringement or infringement under

7 the doctrine of equivalents, or both.

14 and loss of business opportunities.

17 SECOND CLAIM FOR RELIEF

18 (Indirect Patent Infringement Under 35 U.S.C. § 271(b))