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Apple files a Complaint for Declaratory Judgement of Noninfringement of a Traxcell Technology Patent

1  cover  Declaratory Judgement


In January Patently Apple posted a legal report titled "Traxcell Technologies Sues Apple claiming that their 'Apple Maps' Online Navigation Service infringes on their Intellectual Property." We're now learning that Apple has filed a Complaint for Declaratory Judgement of Noninfringement regarding Traxcell Technology's patent 10,820,147 titled "Mobile wireless device providing off-line and on-line geographic navigation information."


Apple's complaint before the court states the following:


"This is an action for a declaratory judgment of non-infringement arising under the patent laws of the United States, Title 35 of the United States Code.


Apple has pioneered the design and manufacture of industry-defining consumer electronics for more than four decades. Apple’s commitment to innovation has led to some of the most popular products on the market during that span, including, for example, the Macintosh PC, iPod, MacBook, iPhone, iPad, Apple Watch, and AirPods. As a result of Apple’s dedication to innovation, the U.S. Patent and Trademark Office has awarded Apple thousands of patents protecting the technologies underlying its groundbreaking inventions.


Defendant Traxcell, on the other hand, is a patent assertion entity [patent troll] formed for the sole purpose of generating revenue by asserting patents against other companies’ products. Traxcell’s prior actions and statements have created a substantial controversy of sufficient immediacy and reality to warrant the issuance of a declaratory judgment of non-infringement as to whether Apple products infringe U.S. Patent No. 10,820,147 (“the ‘147 patent” or “Asserted Patent”).


On January 26, 2021, Traxcell filed a complaint for patent infringement against Apple in the Western District of Texas. See Traxcell Techs., LLC v. Apple, Inc., Case No. 6:21-cv-00074 (Dkt. 1) (hereinafter “Texas Complaint”).


In the Texas Complaint, Traxcell alleges that Apple products that support the Apple Maps application platform infringe U.S. Patent No. 9,918,196 (“the ‘196 patent”) and U.S. Patent No. 9,549,388 (“the ‘388 patent”). The Texas Complaint does not assert that Apple infringes the ‘147 patent.


On June 24, 2021, Traxcell served Apple with its preliminary infringement contentions related to the allegations in the Texas Complaint. See Ex. A. However, even though Traxcell did not assert the ‘147 patent in the Texas Complaint or identify the ‘147 patent as an asserted patent in the cover pleading for its contentions, Traxcell nonetheless included contentions and claim charts that mapped 19 claims from the ‘147 patent against Apple products. See Ex. B.


Traxcell has not amended the Texas Complaint to assert the ‘147 patent as of the filing of this action.


On July 15, 2021, Traxcell directed communications to Apple in California, through Apple’s counsel, that Traxcell intends to assert the ‘147 patent against Apple’s products consistent with the claim charts it served Apple in connection with the allegations in the Texas Complaint. On August 4, 2021, Traxcell sent Apple a draft complaint for the Western District of Texas asserting that Apple infringes the ‘147 patent. Ex. C.


Apple thus brings this action to obtain a declaratory judgment that Apple’s products do not infringe the ‘147 patent, directly or indirectly, literally, or under the doctrine of equivalents.


This Court should not allow the threat of a future lawsuit and uncertainty surrounding Traxcell’s allegations to harm and cause unpredictability to Apple’s business.


Prayer for Relief 

WHEREFORE, Apple respectfully requests that judgment be entered:


  1. Declaring that judgment be entered in favor of Apple and against Traxcell;
  2. Declaring that Apple has not and does not infringe, either directly, contributorily, by inducement, or willfully, any claim of the ‘147 patent by making, using, selling, offering to sell, and/or importing the Accused Apple Products;
  3. Finding this to be an exceptional case under 35 U.S.C. § 285, and awarding Apple its reasonable attorney’s fees;
  4. Awarding Apple its costs associated with this case;
  5. Awarding Apple any other remedy or relief to which Apple may be entitled and which the Court deems just, proper, and equitable.


For more details, read Apple's full complaint filed with the court in the full SCRIBD document below, courteous of Patently Apple.


   Apple v Traxcell Technologies LLC by Jack Purcher on Scribd



10.4F - Patently Legal


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