Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 1 of 22 Page ID #:10
`Case 2: 1—cv-10694-ODW-AN Document 1
`Filed 12/27/11 Page 1 of 22 Page ID #210
`
`Jan Weir, State Bar No. 106652
`We1r@Sycr.com
`oug as Q. Hahn, State Bar No. 257559
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`S cr.com
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`Jose h .
`ellema, State Bar No. 248118
`jmel ema
`S cr.com
`STRADL
`YOCCA CARL_SON & RAUTH
`660 New ort Center Drive, Suite 1600
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`each, CA 92660-6422
`Tel: 49-725-4000
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`Andrew G. DiNov0 (will seek admission pro hac vice)
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`Adam G.
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`Vl_1ardy@dpe1aw.com
`D1NoVo Price Ellwanger & Hardy LLP
`7000 North Mopac Expressway
`Suite 350
`11 Austin, TX 78731
`12 Tel: 512-539-2632
`Attorneys for Plaintiff _
`Preservation Technologies LLC
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`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`£§]gSERVATION TECHNOLOGIES
`
`CASE NO.
`
`CV11-10694 ODW (ANx)
`
`1 Plaintiff,
`
`VS.
`
`SONY CORPORATION OF
`Al\/IERICA,
`
`Defendant.
`
`PLAINTIFF’S ORIGINAL
`COMPLAINT
`
`Jury Trial Demanded
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`
`LITIOC/2013283v2/019999-0000
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 2 of 22 Page ID #:11
`Case 2' 1—cv—10694—ODW—AN Document1
`Filed 12/27/11 Page 2 of 22 Page ID #211
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`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NE\A’PORT BEACH
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`.
`
`Preservation Technologies LLC (“Preservation Technologies”) by and
`
`through its attorneys, for its Original Complaint against Defendant Sony
`
`Corporation of America (“Sony”) hereby alleges as follows:
`
`I. NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement arising under the patent laws
`
`of the United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages
`
`resulting from Sony’s unauthorized use, sale, and offer to sell in the United States
`
`of products, methods, processes, services and/or systems that infringe one or more
`
`claims of United States Patent No. 6,199,060, issued on March 6, 2001, for
`
`“Method and Apparatus Management of Multimedia Assets” naming Samuel
`
`Gustman as inventor (the “’060 Patent”), a true -and correct copy of which is
`
`attached hereto as Exhibit 1; United States Patent No. 6,581,071, issued June 17,
`
`2003, for “Surveying System and Method” naming Samuel Gustman and Barbara
`
`DeLury as inventors (the “’071 Patent”), a true and correct copy of which is
`
`attached hereto as Exhibit 2; United States Patent No. 5,813,014, issued on
`
`September 22, 1998, for “Method and Apparatus for Management of Multimedia
`
`Assets” naming Samuel Gustman as inventor (the ‘"014 Patent”), a true and correct
`
`copy of which is attached hereto as Exhibit 3; United States Patent No. 6,092,080,
`
`issued July 18, 2000, for “Digital Library System” naming Samuel Gustman as
`
`inventor (the “’080 Patent”), a true and correct copy of which is attached hereto as
`
`Exhibit 4; United States Patent No. 5,832,495, issued Nov. 3, 1998, for “Method
`
`and Apparatus for Cataloguing Multimedia Data” naming Samuel Gustman as
`
`inventor (the “’495 Patent”), a true and correct copy of which is attached hereto as
`
`Exhibit 5; United States Patent No. 5,832,499, issued November 3, 1998, for
`
`“Digital Library System” naming Samuel Gustman as inventor (the “’499 Patent”),
`
`a true and correct copy of which is attached hereto as Exhibit 6; United States
`_1_
`
`LITIOC/2013283v2/019999-0000
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 3 of 22 Page ID #:12
`Filed 12/27/11 Page 3 of 22 Page ID #:12
`Case 2' 1—cv—10694—ODW—AN Documer_1t1
`
`Patent No. 6,212,527, issued April 3, 2001, for “Method and Apparatus for
`Cataloguing Multimedia Data” naming Samuel Gustman as inventor (the “’527
`
`Patent”), a true and correct copy of which is attached hereto as Exhibit 7; United
`
`States Patent No. 6,574,638, issued June 3, 2003, for “Method and Apparatus for
`
`Cataloguing Multimedia Data Using Surveying Data” naming Samuel Gustman
`
`and Barbara DeLury as inventors (the “’638 Patent”), a true and correct copy of
`
`which is attached hereto as Exhibit 8; United States Patent No. 6,549,911, issued
`
`April 15, 2003, for “Method and Apparatus for Cataloguing Multimedia Data”
`
`naming Samuel Gustman as inventor (the “’9ll Patent”), a true and correct copy of
`
`S\OOOQO\U1-l>UJl\)P—‘
`
`which is attached hereto as Exhibit 9; and United States Patent No. 6,353,831,
`
`p—|
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`
`issued March 5, 2002, for “Digital Library System” naming Samuel Gustman as
`
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`inventor (the ‘"831 Patent”), a true and correct copy of which is attached hereto as
`
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`
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`
`Exhibit 10. Collectively, the ’060 Patent, the ’071 Patent, the ’0l4 Patent, the
`
`’080 Patent, the ’495 Patent, the ’499 Patent, the ’527 Patent, the ’638 Patent, the
`
`>—n U:
`
`’9l1 Patent and the ’83l Patent are referenced herein as the “Patents—in-Suit.”
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`2.
`
`Preservation Technologies is the exclusive licensee and holder of all
`
`substantial rights and interest in and to the Patents-in—Suit.
`
`5
`
`3.
`
`Sony manufactures, provides, sells, offers for sale, imports and/or
`
`distributes infringing products and services; and/or induces others to use its
`
`products and services in an infringing manner; and/or contributes to the use of
`
`infringing products and services by others.
`4.
`Plaintiff Preservation Technologies seeks injunctive relief to prevent
`
`Sony from continuing infringement of Plaintiff’ s valuable patent rights. Plaintiff
`
`Preservation Technologies further seeks monetary damages and prejudgment
`
`interest for Sony’s past infringement of the Patents~in—Suit.
`
`5.
`
`This is an exceptional case, and Preservation Technologies is entitled
`
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`7
`9
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`to dama es enhanced dama es attorne s’ fees costs and ex enses.
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`L_.x\v\'x»:v.s
`NIEWYO nr BEACH
`
`LITIOC/2013283v2/019999-0000
`
`-2-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 4 of 22 Page ID #:13
`Case 2: 1—cv-10694-ODW-AN Document 1
`Filed 12/27/11 Page 4 of 22 Page ID #213 A
`
`1
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`2
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`3
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`II. THE PARTIES
`
`K
`
`6.
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`Plaintiff Preservation Technologies LLC is a Delaware limited
`
`liability company, having its principal place of business at 874 Walker Road, Suite
`
`4 C, Dover DE 19904.
`
`5
`
`6
`
`7
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`7.
`
`On information and belief, Sony is a corporation organized and
`
`existing under the laws of the State of New York, with a place of business located
`
`at 550 Madison Avenue 27th Floor, New York, NY 10022. Sony can be served
`
`8 with process by serving its registered agent for service of process in the State of
`
`9 California, Corporation Service Company, d/b/a CSC — Lawyers Incorporating
`
`10
`
`1 1
`
`12
`
`13
`
`Service, 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833.
`
`III. JURISDICTION AND VENUE
`
`8.
`
`This is an action for patent infringement which arises under the Patent
`
`14 Laws of the United States, in particular, 35 U.S.C. §§271, 281, 283, 284 and 285.
`
`15 This Court has exclusive jurisdiction over the subject matter of this action under 28
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`16 U.S.C. §§133l and 1338(a).
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`17
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`18
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`19
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`20
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`21
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`22
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`9.
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`On information and belief, venue is proper in this district pursuant to
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`28 U.S.C. §§ 1391(b), 1391(0), and 1400(b) because Defendant has transacted
`
`business in this district, and has committed and/or induced acts of patent
`
`infringement in this district.
`
`10. On information and belief Defendant Sony is subject to this Court’s
`
`specific and general personal jurisdiction pursuant to due process and/or the
`
`23 California Long Arm Statute, due at least to its substantial business in this forum,
`
`24
`
`25
`
`26
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`including: (i) at least a portion of the infringements alleged herein; and (ii)
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`regularly doing or soliciting business, engaging in other persistent courses of
`
`conduct, and/or deriving substantial revenue from goods and services provided to
`
`27
`
`individuals in California and in this Judicial District.
`
`28
`
`STRADLING YOCCA
`CARLSE)A1:‘Iv::sl{AUTH
`NEWPORT BEACH
`
`LITIOC/2013283V2/019999-0000
`
`_3_
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 5 of 22 Page ID #:14
`Case 2: 1—cv-10694-ODW-AN Document 1_ Filed 12/27/11 Page 5 of 22 Page ID #214
`
`I
`
`IV. BACKGROUND
`
`1 1.
`
`The USC Shoah Foundation developed the patented technology. Its
`
`impetus was to gather, catalog and make available for access thousands of video
`
`testimonies. In January 2006, the Survivors of the Shoah Visual History
`Foundation became part ofthe Dana and David DornsifeCollege ofLetters, Arts
`
`and Sciences at the University of Southern California in Los Angeles, where the
`
`testimonies in the Visual History Archive are preserved.
`
`12.
`
`Preservation Technologies has all substantial rights and interest to the
`
`Patents—in—Suit, including all rights to recover for all past and future infringements
`
`thereof.
`
`V. DEFENDANT’S ACTS
`
`13.
`
`Sony manufactures, provides, sells, offers for sale and/or distributes
`
`infiinging systems. The infringing Sony systems and methods include, but are not
`
`limited to, systems and methods relating to the cataloguing, organizing searching,
`
`rating, and provisioning digital multimedia data including but not limited to the
`
`foregoing services marketed under the name Crackle (WWw.crackle.com), and
`related products. Sony provides related services, specifications and instructions for
`
`the installation and operation of such systems to its customers.
`
`VI. COUNT ONE
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,199,060
`
`14.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`15.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘O60 Patent, including all rights to recover for all past and future infringements
`
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`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`LITIOC/2013283v2/019999-0000
`
`-4-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 6 of 22 Page ID #:15
`Case 2: 1—cv—10694—ODW-AN Document1
`Filed 12/27/11 Page 6 of 22 Page ID #215
`
`16.
`
`The ’060 Patent is valid and enforceable.
`
`17.
`
`On information and belief, Defendant Sony, without permission of
`
`Preservation Technologies, has been and is presently infringing the ’060 Patent, as
`
`infringement is defined by 35 U.S.C. § 27l(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`claims of the ’060 Patent. Defendant is thus liable for direct infringement of the
`
`’060 Patent pursuant to 35 U.S.C. § 27l(a).
`
`18.
`
`On information and belief, at least since the filing of this Complaint,
`
`Defendant Sony, without permission of Preservation Technologies, has been and is
`
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`presently indirectly infringing the ’O60 Patent, including actively inducing
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`infringement of the ’O60 Patent under 35 U.S.C. § 27 l(b) and contributing to
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`infringement of the ’060 Patent under 35 U.S.C. § 271(0). Such inducements
`
`include without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infringing articles and methods that Sony
`
`knew or should have known infringe one or more claims of the ’O60 Patent.
`
`19.
`
`. On information and belief, Defendant, with knowledge of the ’O60
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`20. As a result of Defendant’s infringement of the ’O60 Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`VII. COUNT TWO
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT N0. 6,581,071
`
`21.
`
`Preservation Technologies incorporates by reference its allegations in
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`Paragraphs l-l3 as if fully restated in this paragraph.
`-5-
`
`COMPLAINT
`
`LITIOC/2013283v2/019999-0000
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 7 of 22 Page ID #:16
`Case 2:11—cv—10694-ODW-AN Document 1
`Filed 12/27/11 Page 7 of 22 Page ID #216
`
`22.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’O7l Patent, including all rights to recover for all past and future infringements
`
`thereof.
`
`A
`
`23.
`
`The ’O7l Patent is valid and enforceable.
`
`24. On information and belief, Defendant Sony, without permission of
`
`Preservation Technologies, has been and is presently infringing the ’071 Patent, as
`
`infringement is defined by 35 U.S.C. § 271(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`claims of the ’O7l Patent. Defendant is thus liable for direct infringement of the
`
`’O7l Patent pursuant to 35 U.S.C. § 27l(a).
`
`25. On information and belief, at least since the filing of this Complaint,
`
`Defendant Sony, without permission of Preservation Technologies, has been and is
`
`presently indirectly infringing the ’O7l Patent, including actively inducing
`
`infringement of the ’O7l Patent under 35 U.S.C. § 271(b) and contributing to
`
`infiingement of the ’O7l Patent under 35 U.S.C. § 271(c). Such inducements
`
`include without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infringing articles and methods that Sony
`
`knew or should have known infringe one or more claims of the ’071 Patent.
`
`26. On information and belief, Defendant, with knowledge of the ’O7l
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`27. As a result of Defendant’s infringement of the ’O7l Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
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`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`LITIOC/2013283v2/019999-0000
`
`-5-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 8 of 22 Page ID #:17
`Case 2:11-cv—10694-ODW-AN Document 1
`Filed 12/27/11 Page 8 of 22 Page ID #217
`
`1
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`2
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`3
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`4
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`VIII. COUNT THREE
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 5,813,014
`
`28.
`
`Preservation Technologies incorporates by reference its allegations in
`
`5 Paragraphs 1-13 as if fully restated in this paragraph.
`
`6
`
`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`29.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘O14 Patent, including all rights to recover for all past and future infringements
`
`thereof.
`
`30.
`
`The ‘O14 Patent is Valid and enforceable.
`
`31. On information and belief Defendant Sony, without permission of
`
`Preservation Technologies, has been and is presently infringing the ‘O14 Patent, as
`
`infiingement is defined by 35 U.S.C. § 271(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`claims of the ‘O14 Patent. Defendant is thus liable for direct infringement of the
`
`‘O14 Patent pursuant to 35 U.S.C. § 27l(a).
`
`16
`32. On information and belief, at least since the filing of this Complaint,
`17 Defendant Sony, without permission of Preservation Technologies, has been and is
`
`18
`
`19
`
`20
`
`21
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`presently indirectly infringing the ‘O14 Patent, including actively inducing
`
`infiingement of the ‘O14 Patent under 35 U.S.C. § 27l(b) and contributing to
`
`infringement of the ‘O14 Patent under 35 U.S.C. § 271(c). Such inducements
`
`include without limitation, with specific intent to encourage the infringement,
`
`22
`
`knowingly inducing consumers to use infringing articles and methods that Sony
`
`23
`
`knew or should have known infringe one or more claims of the ‘O14 Patent.
`
`24
`
`33. On information and belief, Defendant, with knowledge of the ‘O14
`
`25 Patent, provides instructions to its customers to use the accused instrumentalities in
`
`26
`
`an infringing manner, and their customers do so.
`
`27
`
`34. As a result of Defendant’s infringement of the ‘O14 Patent,
`
`28 Preservation Technologies has suffered monetary damages that are adequate to
`STRADLING YOCCA
`-7-
`CARLSON & RAUTH
`Nnwronr BEACH
`LAWYERS
`
`COMPLAINT
`
`LITIOC/2013283V2/019999-0000
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 9 of 22 Page ID #:18
`Case 2'11—cv—10694-ODW-AN Document 1
`Filed 12/27/11 Page 9 of 22 Page ID #218
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`IX. COUNT FOUR
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,092,080
`
`35.
`
`Preservation Technologies incorporates by reference its allegations in
`
`1
`
`2
`
`3 4
`
`5
`
`6
`
`7
`
`8 Paragraphs 1-13 as if fully restated in this paragraph.
`
`9
`
`36.
`
`Preservation Technologies has all substantial rights and interest to the
`
`10
`
`‘O80 Patent, including all rights to recover for all past and future infringements
`
`1 1
`
`thereof.
`
`12
`
`13
`
`37.
`
`The ‘O80 Patent is valid and enforceable.
`
`38. On information and belief, Defendant Sony, Without permission of
`
`14 Preservation Technologies, has been and is presently infringing the ‘O80 Patent, as
`
`15
`
`16
`17
`
`18
`
`19
`
`infringement is defined by 35 U.S.C. § 271(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`claims of the ‘O80 Patent. Defendant is thus liable for direct infringement of the
`
`‘O80 Patent pursuant to 35 U.S.C. § 271(a).
`
`39. On information and belief, at least since the filing of this Complaint,
`
`20 Defendant Sony, Without permission of Preservation Technologies, has been and is
`
`presently indirectly infringing the ‘O80 Patent, including actively inducing
`
`infringement of the ‘O80 Patent under 35 U.S.C. § 271(b) and contributing to
`
`infringement of the ‘O80 Patent under 35 U.S.C. § 271(0). Such inducements
`
`include without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infringing articles and methods that Sony
`
`knew or should have known infringe one or more claims of the ‘O80 Patent.
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
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`28
`
`STRADLING YOCCA
`CARLSSRAUTH
`NEWPORT BEACH
`
`LITIOC/2013283V2/O19999-0000
`
`-8-
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 10 of 22 Page ID #:19
`Case 2: 1—cv-10694-ODW-AN Document 1
`Filed 12/27/11 Page 10 of 22 Page ID #219
`
`40. On information and belief, Defendant, with knowledge of the ‘080 V
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`41. As a result of Defendant’s infringement of the ‘080 Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`X. COUNT FIVE
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 5,832,495
`
`42.
`
`Preservation Technologies incorporates by reference its allegations in
`
`1 2 3 4 5
`
`6 7
`
`8 9
`
`10
`
`11
`
`12
`
`13 Paragraphs 1-13 as if fiilly restated in this paragraph.
`
`14
`
`15
`
`43.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘495 Patent, including all rights to recover for all past and future infringements
`
`16
`
`thereof.
`
`17
`
`18
`
`44.
`
`The ‘495 Patent is valid and enforceable.
`
`45. On information and belief Defendant Sony, Without permission of
`
`19 Preservation Technologies, has been and is presently infringing the ‘495 Patent, as
`
`20
`
`21
`
`infiingement is defined by 35 U.S.C. § 27l(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`22
`
`claims of the ‘495 Patent. Defendant is thus liable for direct infiringement of the
`
`23
`
`24
`
`‘495 Patent pursuant to 35 U.S.C. § 27l(a).
`
`46. On information and belief, at least since the filing of this Complaint,
`
`25 Defendant Sony, Without permission of Preservation Technologies, has been and is
`
`26
`27
`
`presently indirectly infringing the ‘495 Patent, including actively inducing
`infringement ofthe ‘495 Patent under 35 U.S.C. § 271(b) and contributing to
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`NEWPORT BEACH
`
`infringement of the ‘495 Patent under 35 U.S.C. § 27l(c). Such inducements
`-9-
`
`LITIOC/2013283V2/019999-0000
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 11 of 22 Page ID #:20
`Case 2: 1—cv-10694-ODW-AN Document1 , Filed 12/2,7/11
`Page 11 of 22 Page ID #220
`
`include without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infringing articles and methods that Sony
`
`knew or should have known infringe one or more claims of the ‘495 Patent.
`
`47. On information and belief, Defendant, with knowledge of the ‘495
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`48. As a result of Defendant’s infringement of the ‘495 Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`XI. COUNT SIX
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 5,832,499
`
`49.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`50.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘499 Patent, including all rights to recover for all past and future infringements
`
`3\OOO\IO\U1-l>-UJl\>>--‘
`
`)1:
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`
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`
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`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`51.
`
`The ‘499 Patent is valid and enforceable.
`
`52.
`
`On information and belief, Defendant Sony, without permission of
`
`Preservation Technologies, has been and is presently infringing the ‘499 Patent, as
`
`infringement is defined by 35 U.S.C. § 271(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`claims of the ‘499 Patent. Defendant is thus liable for direct infiringement of the
`
`‘499 Patent pursuant to 35 U.S.C. § 27l(a).
`
`53. On information and belief, at least since the filing of this Complaint,
`
`Defendant Sony, without permission of Preservation Technologies, has been and is
`-10-
`
`LITIOC/2013283v2/019999-0000
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 12 of 22 Page ID #:21
`Case 2: 1—cv-10694-ODW-AN Document 1
`Filed 12/27/11 Page 12 of 22 Page ID #221
`
`1
`
`2
`
`3
`
`presently indirectly infringing the ‘499 Patent, including actively inducing
`
`infiingement of the ‘499 Patent under 35 U.S.C. § 27l(b) and contributing to
`
`infiingement of the ‘499 Patent under 35 U.S.C. § 271(c). Such inducements
`
`4_
`
`include without limitation, with specific intent to encourage the infringement,
`
`5
`
`6
`
`7
`
`knowingly inducing consumers to use infringing articles and methods that Sony
`
`knew or should have known infringe one or more claims of the ‘499 Patent.
`
`54. On information and belief, Defendant, with knowledge of the ‘499
`
`8 Patent, provides instructions to its customers to use the accused instrumentalities in
`
`9
`
`an infringing manner, and their customers do so.
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`55. As a result of Defendant’s infringement of the ‘499 Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`XII. COUNT SEVEN
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,212,527
`
`56.
`
`Preservation Technologies incorporates by reference its allegations in
`
`19 Paragraphs 1-13 as if fully restated in this paragraph.
`
`7
`
`20
`
`21
`
`57.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’527 Patent, including all rights to recover for all past and future infringements
`
`22
`
`thereof.
`
`23
`
`24
`
`58.
`
`The ’527 Patent is valid and enforceable.
`
`5 9. On information and belief Defendant Sony, without permission of
`
`25 Preservation Technologies, has been and is presently infringing the ’527 Patent, as
`.26
`infringement is defined by 35 U.S.C. § 271(a), including through making, using,
`
`27
`
`28
`
`STRADLING YocCA
`CARLSI(3“I:Imr:LRsI{AUTH
`NEWPORT BEACH
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`‘
`
`-1 1-
`
`LITIOC/2013283v2/019999-0000
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 13 of 22 Page ID #:22
`Case 2: 1—cv—10694—ODW-AN Document1
`Filed 12/27/11 Page 13 of 22 Page ID #:22
`
`claims of the ’527 Patent. Defendant is thus liable for direct infiingement of the
`
`’527 Patent pursuant to 35 U.S.C. § 27l(a).
`
`60. On information and belief, at least since the filing of this Complaint,
`
`Defendant Sony, without permission of Preservation Technologies, has been and is
`
`presently indirectly infringing the ’527 Patent, including actively inducing
`
`infringement of the ’527 Patent under 35 U.S.C. § 271(b) and contributing to
`
`infringement of the ’527 Patent under 35 U.S.C. § 271(c). Such inducements
`
`include without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infringing articles and methods that Sony
`
`knew or should have known infringe one or more claims of the ’527 Patent.
`
`61. On information and belief Defendant, with knowledge of the ’527
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`62. As a result of Defendant’s infringement of the ’527 Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`XIII. COUNT EIGHT
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,574,638
`
`63.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`64.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘638 Patent, including all rights to recover for all past and future inflingements
`
`E\DOO\IO\U‘:-hUJl\)>—*
`
`|__A
`
`)—A
`
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`
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`
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`
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`
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`thereof.
`
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`
`65.
`
`The ‘638 Patent is valid and enforceable.
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`LITIOC/2013283v2/019999-0000
`
`-12-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 14 of 22 Page ID #:23
`Case 2:1 —ov—10694—ODW—AN Document1
`Filed 12/27/11 Page 14 of 22 Page ID #223
`
`66. On information and belief, Defendant Sony, without permission of
`
`PreserVation.Technologies, has been and is presently infringing the ‘638 Patent, as
`
`infringement is defined by 35 U.S.C. § 27l(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`claims of the ‘638 Patent. Defendant is thus liable for direct infringement of the
`
`‘638 Patent pursuant to 35 U.S.C. § 27l(a).
`
`67. On information and belief, at least since the filing of this Complaint,
`
`Defendant Sony, without permission of Preservation Technologies, has been and is
`
`presently indirectly infringing the ‘638 Patent, including actively inducing
`
`infringement of the ‘638 Patent under 35 U.S.C. § 271(b) and contributing to
`
`infringement of the ‘638 Patent under 35 U.S.C. § 271(0). Such inducements
`include without limitation, with specific intent to encourage the infitingement,
`
`knowingly inducing consumers to use infringing articles and methods that Sony
`
`knew or should have known infringe one or more claims of the ‘638 Patent.
`
`68. On information and belief, Defendant, with knowledge of the ‘638
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`69. As a result of Defendant’s infringement of the ‘638 Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`XIV. COUNT NINE
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,549,911
`
`70.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs l-13 as if fully restated in this paragraph.
`
`8©O0\IO‘\U1-l>-UJI\J+—‘
`
`p—L
`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
`10 \1
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`LITIOC/2013283v2/019999-0000
`
`-13-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 15 of 22 Page ID #:24
`Case 2:11-cv—10694-ODW-AN Document 1
`Filed 12/27/11 Page 15 of 22 Page ID #224
`
`71.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘911 Patent, including all rights to recover for all past and future infringements
`
`thereof.
`
`72.
`
`The ‘911 Patent is valid and enforceable.
`
`73. On information and belief, Defendant Sony, without permission of
`
`1 2 3 4 5
`
`6 Preservation Technologies, has been and is presently infringing the ‘911 Patent, as
`
`7
`
`8
`
`9
`
`10
`
`11
`
`infiingement is defined by 35 U.S.C. § 271(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`claims of the ‘911 Patent. Defendant is thus liable for direct infringement of the
`
`‘911 Patent pursuant to 35 U.S.C. § 271(a).
`
`74. On information and belief, at least since the filing of this Complaint,
`
`12 Defendant Sony, without permission of Preservation Technologies, has been and is
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`presently indirectly infringing the ‘911 Patent, including actively inducing
`
`infringement of the ‘911 Patent under 35 U.S.C. § 271(b) and contributing to
`
`infringement of the ‘9ll Patent under 35 U.S.C. § 271(0). Such inducements
`
`include without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infringing articles and methods that Sony
`
`knew or should have known infringe one or more claims of the ‘911 Patent.
`
`75. On information and belief, Defendant, with knowledge of the ‘911
`
`20 Patent, provides instructions to its customers to use the accused instrumentalities in
`
`21
`
`22
`
`an infringing manner, and their customers do so.
`
`76. As a result of Defendant’s infringement of the ‘9ll Patent,
`
`23
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`24
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`25
`
`than a reasonable royalty.
`
`26
`
`27
`
`28
`
`STRADLING YOCCA
`CARLSON & RAUTH
`NEWPORT BEACH
`mwms
`
`LITIOC/2013283v2/019999-0000
`
`-14-
`
`COMPLAINT
`
`

`
`Case 2:
`-cv—10694-ODW-AN Document 1 1 Filed 12/27/11 Page 16 of 22 Page ID #225
`Case 2:11-cv-10694-ODW-AN Document 1 Filed 12/27/11 Page 16 of 22 Page ID #:25
`
`)S\DOO\]O\U1-l>UJl\)P—‘
`
`p—A
`
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`
`1-!» l\)
`
`1-4 U3
`
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`
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`
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`
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`
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`
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`
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`
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`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`XV. COUNT TEN
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,353,831
`
`77.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`78.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘S31 Patent, including all rights to recover for all past and future infringements
`
`thereof.
`
`79.
`
`The ‘S31 Patent is valid and enforceable.
`
`80. On information and belief, Defendant Sony, without permission of
`
`Preservation Technologies, has been and is presently infiinging the ‘S31 Patent, as
`
`infiingement is defined by 35 U.S.C. § 27l(a), including through making, u