Jawbone Innovations, LLC v. Apple Inc.

On September 23, 2021, Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”), represented by Raymond W. Mort, III of The Mort Law Firm, PLLC, filed an intellectual property lawsuit against Apple, Inc. (“Apple” or “Defendant”), seeking injunctive reliefs and declaratory reliefs along with pre-judgment and post-judgment interest among other reliefs for alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in the United States District Court in the Western District of Texas with Judge Alan D. Albright presiding.

The Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 8,019,091 (the “’091 Patent”), United States Patent No. 7,246,058 (the “’058 Patent”), United States Patent No. 8,280,072 (the “’072 Patent”), United States Patent No. 8,321,213 (the “’213 Patent”), United States Patent No. 8,326,611 (the “’611 Patent”), United States Patent No. 10,779,080 (the “’080 Patent”), United States Patent No. 11,122,357 (the “’357 Patent”) and United States Patent No. 8,467,543 (the “’543 Patent”) (collectively, “Patents-in-suit”) owned by the Plaintiff.

In the complaint, the Plaintiff alleged that, “Defendant has and continues to directly infringe the ’091 Patent, either literally or under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making, using, offering to sell, selling, and/or importing into the United States products that satisfy each and every limitation of one or more claims of the ’091 Patent.”

The Plaintiff also alleged that, “Defendant has and continues to indirectly infringe one or more claims of the ’091 Patent by knowingly and intentionally inducing others, including Apple’s customers and end-users of the Accused Products, to directly infringe, either literally or under the doctrine of equivalents, by making, using, offering to sell, selling, and/or importing into the United States products that include infringing technology.” 

The Plaintiff further alleged that, “Defendant, with knowledge that these products, or the use thereof, infringe the ’091 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and continues to knowingly and intentionally induce, direct infringement of the ’091 Patent by providing these products to customers and ultimately to end-users for use in an infringing manner in the United States including, but not limited to, products that include infringing technology” and “Defendant has willfully infringed, and continues to willfully infringe, the ’091 Patent by intentionally and deliberately carrying out acts of direct and indirect infringement, while knowing, or taking deliberate steps to avoid learning, that those acts infringe.”

Similar claims have been made by the Plaintiff with reference to the alleged infringement of other Patents-in-suit. 

There are eight claims for relief laid down by the Plaintiff, one for the alleged infringement of each of the Patents-in-suit.

In the prayer for relief, the Plaintiff has requested the Court for preliminary and permanent injunctive relief and declaratory reliefs along with an award for damages sufficient to compensate the Plaintiff for the Defendant’s infringement of the Patents-in-Suit, but in no event less than a reasonable royalty, including supplemental damages post-verdict, together with pre-judgment and post-judgment interest and costs. The Plaintiff also requested the Court for enhanced damages, costs and reasonable attorney fees, an accounting for acts of infringement, and any other relief the Court deems just and proper.

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