Apple Files Second Amended Complaint Against Corellium

Apple filed a second amended complaint (SAC) against technology startup Corellium, realleging copyright infringement and “unlawful trafficking of a product used to circumvent security measures” in the Southern District of Florida on Thursday over Corellium’s creation of “virtual” Apple products and allegedly copying Apple’s operating system, among other items.

Apple claimed that Corellium not only has infringed but is “trafficking…and profiting from technology that enables such infringement.” Specifically, Apple asserts that Corellium is “commercializing the illegal replication of the copyrighted operating system and applications that run on Apple’s iPhone, iPad, and other Apple devices.” Corellium allegedly offers a virtual version of Apple’s mobile products, accessible via the internet, which replicates iOS. Furthermore, Apple claimed that Corellium copies “everything: the code, the graphical user interface, the icons – all of it, in exacting detail.” While Corellium states that it is “a research tool for those trying to discover security vulnerabilities and other flaws in Apple’s software,” Apple said “Corellium’s true goal is profiting off its blatant infringement,” not research.

Apple added that Corellium allows users to jailbreak new devices and that the company “acts quickly to copy new versions of Apple’s copyrighted works immediately after they are released.” Apple claimed that Corellium’s Apple Products are “being marketed to the developers of software ‘exploits’ – that is, developers of code intended to exploit flaws in a third-party digital product.” Further, these products were allegedly privately installed on the customer’s premise, instead of giving the customer access to Corellium’s cloud-based product.

Apple asserted that it has not authorized or licensed its copyrighted material for Corellium’s use. Corellium has also supposedly “publicly displayed…Apple’s GUI Elements, and admits as much.” Lastly, Corellium has allegedly contributorily infringed and induced infringement by providing its users access to the Corellium Apple Product and by selling private installations of the product and encouraging users to use said product. Apple also accused Corellium of “unlawful trafficking of a product used to circumvent security measures,” in violation of the Copyright Act. Apple states that it has security measures designed to protect its technology, which were circumvented.

Apple alleged that Corellium engaged in direct federal copyright infringement for computer programs and graphical user interface elements. Apple also claims that Corelluim contributorily infringed and engaged in unlawful trafficking.

Apple has sought a permanent injunction for Corellium to stop all infringing and trafficking and to prevent such future conduct; an order for Corellium to return Apple’s intellectual property; an order impounding and destroying all infringing materials; an award for damages and lost profits; an award for costs and fees; and other relief as determined by the court.

Apple is represented by Latham & Watkins LLP and Lash & Goldberg LLP. Corellium is represented by Cole, Scott & Kissane, P.A. and Hecht Partners LLP.