Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 1 of 21 Page ID #:12
`Case 8:11-cv—01862-DOC-JPR Document 1
`Filed 12/02/11 Page 1 of 21 Page ID #'12
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`Austin, TX 78731
`Tel: 512-539-2632
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`Attorneys_ for PIaintifi‘s _
`Preservatmn Technologms LLC
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`UNITED STATES DISTRIQ1‘ COURT
`CENTRAL DISTRICT 01+" CAJLIFORNIA
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`CASE NO.
`PLAINTlI<‘F’S ORIGINAL 5
`COMPLAINT
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`Jury Trial Demanded
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`18 EIEJESERVATION TECHNOLOGIES
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`Plaintiff,
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`VS.
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`_
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`21 NBTFLIX INC.-’AMAZON.COM,
`INC: FACEBOOK, INC: SONY
`22 COR.’PORA"I'ION OF AMERICA;
`23 DISH NETWORK CORPORATION,
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`Defendants.
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`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 2 of 21 Page ID #:13
`Case 8:11—cv—01862—DOC—JPR Document 1
`Filed 12/02/11 Page 2 of 21 Page ID #213
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`Preservation Technologies LLC (“Preservation Technologies”) by and
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`through its attorneys, for its Original Complaint against Defendants Netflix, Inc.
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`(“Netflix”), Amazon.com, Inc. (“Amazon”), Facebook, Inc. (“Facebook”), Sony
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`Corporation of America (“Sony”), DISH Network Corporation (“DISH”)hereby
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`alleges as follows:
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`’
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`I. NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement arising under the patent laws
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`of the United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages
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`resulting from Defendants’ unauthorized use, sale, and offer to sell in the United -
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`States of products, methods, processes, services and/or systems that infiinge one or
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`more claims of United States Patent No. 6,199,060, issued on March 6, 2001, for
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`“Method and Apparatus Management of Multimedia Assets” naming Samuel
`Gustman as inventor (the ‘"060 Patent”), a true and correct copy of which is
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`attached hereto as Exhibit 1; United States Patent No. 6,581,071, issued June 17,
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`2003, for “Surveying System and Method” naming Samuel Gustman and Barbara
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`DeLury as inventors (the “’07l Patent”), a true and correct copy of which is
`attached hereto as Exhibit 2; United States Patent No. 5,813,014, issued on
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`September 22, 1998, for “Method and Apparatus for Management of Multimedia
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`Assets” naming Samuel Gustman as inventor (the ‘"014 Patent”), a true and correct
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`copy of which is attached hereto as Exhibit 3; United States Patent No. 6,092,080,
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`issued July 18, 2000, for “Digital Library System” naming Samuel Gustman as
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`inventor (the “’080 Patent”), a true and correct copy of which is attached hereto as
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`Exhibit 4; United States Patent No. 5,832,495, issued November 3, 1998, for
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`“Method and Apparatus for Cataloguing Multimedia Data” naming Samuel
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`Gustman as inventor (the ‘"495 Patent”), a true and correct copy of which is
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`attached hereto as Exhibit 5; United States Patent No. 5,832,499, issued
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`November 3, 1998, for “Digital Library System” naming Samuel Gustman as
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`inventor (the ‘"499 Patent”), a true and correct copy of which is attached hereto as
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`DOCSOC/1528876v1/019999-0000
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`

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`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 3 of 21 Page ID #:14
`Case 8:11—cv—01862—DOC—JPR Document 1
`Filed 12/02/11 Page 3 of 21 Page ID #:14
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`S\DO0\1O\U.1-l>-UJIQP-‘
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`Exhibit 6; United States Patent No. 6,212,527, issued April 3, 2001, for “Method
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`and Apparatus for Cataloguing Multimedia Data” naming Samuel Gustman as
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`inventor (the “’527 Patent”), a true and correct copy of which is attached hereto as
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`Exhibit 7; United States Patent No. 6,574,638, issued June 3, 2003, for “Method
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`and Apparatus for Cataloguing Multimedia Data Using Surveying Data” naming '
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`Samuel Gustman and Barbara DeLury as inventors (the “’638 Patent”), a true and
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`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
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`Multimedia Data” naming Samuel Gustman as inventor (the ‘"911 Patent”), a true
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`and correct copy of which is attached hereto as Exhibit 9; and United States Patent
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`H |—l
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`No. 6,353,831, issued March 5, 2002, for “Digital Library System” naming Samuel
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`Gustman as inventor (the “’83l Patent”), a true and correct copy of which is
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`attached hereto as Exhibit 10. Collectively, the ’060 Patent, the ’071 Patent, the
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`’014 Patent, the ’080 Patent, the ’495 Patent, the ’499 Patent, the’527 Patent, the
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`’638 Patent, the ’9l1 Patent and the ’83l Patent are referenced herein as the
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`1-41 ON
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`“Patents-in-Suit.”
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`2.
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`Preservation Technologies is the exclusive licensee and holder of all
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`substantial rights and interest in and to the Patents-in-Suit.
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`3.
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`Each of the Defendants manufactures, provides, sells, offers for sale,
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`imports and/or distributes infiinging products and services; and/or induces others
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`including its customers to use its products and services in an infringing manner;
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`[0N
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`and/or contributes to the use of infringing products and services by others.
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`NU.)
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`l\) ON
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`4.
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`Plaintiff Preservation Technologies seeks injunctive relief to prevent
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`Defendants from continuing infringement of Plaintiff’ s valuable patent rights,
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`Plaintiff Preservation Technologies further seeks monetary damages and
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`prejudgment interest for Defendants’ past infitingement of the Patents-in-Suit.
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`5.
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`This is an exceptional case, and Preservation Technologies is entitled
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`to damages, enhanced damages, attorneys,’ fees, costs and expenses.
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`DOCSOC/1528876v1/019999-0000
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`

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`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 4 of 21 Page ID #:15
`Case 8:11—cv—01862—DOC—JPR Document 1
`Filed 12/02/11 Page 4 of 21 Page ID #215
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`II. THE PARTIES
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`6.
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`Plaintiff Preservation Technologies LLC is a Delaware limited
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`liability company, having its principal place of business at 874 Walker Road,
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`Suite C, Dover, Delaware 19904.
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`7.
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`On information and belief, Netflix is a corporation organized and
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`existing under the laws of the State of Delaware, with a place of business located at
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`100 Winchester Circle, Los Gatos, California 95032. Netflix can be served with
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`process by serving its registered agent for service of process in the State of
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`California, National Registered Agents, Inc., 2875 Michelle Drive, Suite 100,
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`Irvine, California 92606.
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`‘
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`8.
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`On information and belief, Amazon is a corporation organized and
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`existing under the laws of the State of Delaware, with a place of business located at
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`410 Terry Avenue North, Seattle, Washington 98109. Amazon can be served with
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`process by serving its registered agent for service of process in the State of
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`Washington, Corporation Service Company, 300 Deschutes Way SW, Suite 304,
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`Tumwater, Washington 98501.
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`9.
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`On information and belief, Facebook is a corporation organized and
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`existing under the laws of the State of Delaware, with a place of business located at
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`1601 S. California Avenue, Palo Alto, California 94304. Facebook can be served
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`with process by sewing its registered agent for service ofprocess in the State of
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`California, Corporation Service Company d/b/a CSC - Lawyers Incorporating
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`Service, 2730 Gateway Oaks Drive, Suite 100, Sacramento, California 95833.
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`10. On information and belief Sony is a corporation organized and
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`existing under the laws of the State of New York, with a place of business located
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`at 550 Madison Avenue 27th Floor, New York, New York 10022. Sony can be
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`served with process by serving its registered agent for service of process in the
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`State of California, Corporation Service Company, d/b/a CSC - Lawyers
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`DOCSOC/l528876v1/019999-0000
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`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 5 of 21 Page ID #:16
`Case 8:11—cv—01862—DOC—JPR Document 1
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`Incorporating Service, 2730 Gateway Oaks Drive, Suite 100, Sacramento,
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`California 95833.
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`1 1.
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`On information and belief, DISH is a corporation organized and
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`existing under the laws of the State of Nevada, with a place of business located at
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`‘9601 S. Meridian Boulevard, Englewood, Colorado 80112. DISH can be served
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`with process by serving its registered agent_for service of process in the State of
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`Colorado, R. Stanton Dodge, 9601 S. Meridian Boulevard, Englewood, Colorado
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`801 12.
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`III. JURISDICTION AND VENUE
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`12.
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`This is an action for patent infringement which arises under the Patent
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`Laws of the United States, in particular, 35 U.S.C. §§27l, 281, 283, 284 and 285.
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`This Court has exclusive jurisdiction over the subject matter of this action under
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`28 U.S.C. §§l331 and 1338(a).
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`13.
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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), l39l(c), and l400(b) because each Defendant has transacted
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`business in this district, and has committed and/or caused acts of patent
`infiingement in this district.
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`14. On information and belief, Defendant Netflix is subject to this Court’s
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`specific and general personal jurisdiction pursuant to due process and/or the
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`California Long Arm Statute, due at least to its substantial business in this forum,
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`including: (i) at least a portion of the infringements alleged herein; and
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`(ii) regularly doing or soliciting business, engaging in other persistent courses of
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`conduct, and/or deriving substantial revenue from goods and services provided to
`individuals in California and in this Judicial District.
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`15. On information and belief, Defendant Amazon is subject to this
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`Court’s specific and general personal jurisdiction pursuant to due process and/or
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`the California Long Arm Statute, due at least to its substantial business in this
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`forum, including: (i) at least a portion of the infringements alleged herein; and
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`DOCSOC/1528876vl/019999-0000
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`COl\/[PLAINT
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`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 6 of 21 Page ID #:17
`Case 8:11—cv—01862—DOC—JPR Document 1
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`(ii) regularly doing or soliciting business, engaging in other persistent courses of
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`conduct, and/or deriving substantial revenue from goods and services provided to
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`individuals in California and in this Judicial District.
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`A
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`16. On information and belief, Defendant Facebook is subject to this
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`Court’s specific and general personal jurisdiction pursuant to due process and/or
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`the California Long Arm Statute, due at least to its substantial business in this
`forum, including: (i) at least a portion of the infiingements alleged herein; and
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`(ii) regularly doing or soliciting business, engaging in other persistent courses of
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`conduct, and/or deriving substantial revenue fiom goods and services provided to
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`individuals in California and in this Judicial District.
`17. On information and belief, Defendant Sony is subject to this Court’s
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`specific and general personal jurisdiction pursuant to due process and/or the
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`California Long Arm Statute, due at least to its substantial business in this forum,
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`including: (i) at least a portion of the infringements alleged herein; and '
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`(ii) regularly doing or soliciting business, engaging in other persistent courses of
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`conduct, and/or deriving substantial revenue fiom goods and services provided to
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`individuals in California and in this Judicial District.
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`18. On information and belief Defendant DISH is subject to this Court’s
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`specific and general personal jurisdiction pursuant to due process and/or the
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`California Long Arm Statute, due at least to its substantial business in this forum,
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`including: (i) at least a portion of the infringements alleged herein; and
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`(ii) regularly doing or soliciting business, engaging in other persistent courses of
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`conduct, and/or deriving substantial revenue from goods and services provided to
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`individuals in California and in this Judicial District.
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`IV. BACKGROUND
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`19.
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`The technology represented by the corpus of the Patents-in—Suit was
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`developed by the USC Shoah Foundation Institute (“Shoah”) and its predecessors.
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`Shoah’s impetus was to gather, catalog and make available for access thousands of
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`DOCSOC/1528876vl/019999-0000
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`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 7 of 21 Page ID #:18
`Case 8:11—cv—01862—DOC—JPR Document 1
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`Video testimonies relative to the holocaust. The Shoah Visual History Foundation
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`was established in 1994. The original aim of the foundation was to gather video .
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`testimonies from survivors and other witnesses of the Holocaust. Within several
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`years, the Foundation’s Visual History Archive held nearly 52,000 video
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`testimonies in 32 languages, representing 5 6 countries; it is the largest archive of
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`its kind in the world.
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`20.
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`In January 2006, the Survivors of the Shoah Visual History
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`Foundation became part of the Dana and David Dornsife College of Letters, Arts
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`and Sciences at the University of Southern California in Los Angeles, where the
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`testimonies in the Visual History Archive are preserved.
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`21.
`Preservation Technologies has all substantial rights and interest to the
`Patents-in—Suit, including all rights to recover for all past and fiiture infringements
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`thereof.
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`22. Defendants provide common infringing technology including systems
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`supporting streaming video.
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`V. DEFENDANTS’ ACTS
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`Netflix
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`23. Netflix manufactures, provides, sells, offers for sale and/or distributes
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`infringing systems. The infiinging Netflix systems and methods include, but are
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`not limited to, systems and methods relating to the cataloguing, organizing
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`searching, rating, and provisioning digital multimedia data including but not
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`limited to NetfliX’s intemet subscription service for streaming movies and
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`television shows, and related products. Netflix provides related services,
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`specifications and instructions for the installation and operation of such systems to
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`its customers.
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`Amazon
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`24. Amazon manufactures, provides, sells, offers for sale and/or
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`distributes infiinging systems. The infringing Amazon systems and methods
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`DOCSOC/1528876vl/019999-0000
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`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 8 of 21 Page ID #:19
`Case 8:11—cv—01862—DOC—JPR Document 1
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`include, but are not limited to, systems and methods relating to the cataloguing,
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`organizing searching, rating, and provisioning digital multimedia data including
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`but not limited to the foregoing functions for streaming movies, television shows
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`and music, such as Amazon Instant Video and MP3 Downloads, along with related
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`products and services. Amazon provides related services, specifications and
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`instructions for the installation and operation of such systems to its customers.
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`Facebook
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`25.
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`Facebook manufactures, provides, sells, offers for sale and/or
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`distributes infringing systems. The infiinging Facebook systems and methods
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`include, but are not limited to, systems and methods relating to the cataloguing,
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`organizing searching, rating, and provisioning digital multimedia data including
`but not limited to the foregoing services on Facebook.com, and related products.
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`Facebook provides related services, specifications and instructions for the
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`installation and operation of such systems to its customers.
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`§2l_1X
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`26.
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`Sony manufactures, provides, sells, offers for‘sale and/or distributes
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`infringing systems. The infringing Sony systems and methods include, but are not
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`limited to, systems and methods relating to the cataloguing, organizing searching,
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`rating, and provisioning digital multimedia data including but not limited to the
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`foregoing services marketed under the name Crackle (www.crackle.com), and
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`related products. Sony makes, uses, sells and offers for sale devices including
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`televisions, Blu-ray players and other multimedia devices that are designed to
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`interoperate with services provided by other Defendants, including Netflix,
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`Amazon, Facebook and DISH. Sony provides related services, specifications and
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`instructions for the installation and operation of such systems to its customers.
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`_D_I§E
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`27. DISH manufactures, provides, sells, offers for sale and/or distributes
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`infiinging systems. The infringing DISH systems and methods include, but are not
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`DOCSOC/l528876vl/019999-0000
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`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 9 of 21 Page ID #:20
`Case 8:11—cv—01862—DOC—JPR Document 1
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`limited to systems and methods relating to the cataloguing, organizing searching,
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`rating, and provisioning digital multimedia data including but not limited to the
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`foregoing services found on Blockbuster On-Demand
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`(www.blockbuster.com/download), and related products. DISH provides related
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`services, specifications and instructions for the installation and operation of such
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`systems to its customers.
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`VI. COUNT ONE
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`DIRECT AND INDIRECT INFRINGEMENT
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`OF U.S. PATENT N0. 6,199,060
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`28.
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`Preservation Technologies incorporates by reference its allegations in
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`Paragraphs 1-27 as if fully restated in this paragraph.
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`29.
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`Preservation Technologies has all substantial rights and interest to the
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`’O6O Patent, including all rights to recover for all past and fiiture infiingements
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`30.
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`The ’060 Patent is valid and enforceable.
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`31. On information and belief Defendants Netflix, Amazon, Facebook
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`and Sony, without permission of Preservation Technologies, have been and are
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`presently infringing the ’060 Patent, as infiingement is defined by 35 U.S.C.
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`§ 27l(a), including through making, using, selling, offering for sale and importing
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`methods and articles infiinging one or more claims of the ’O6O Patent. Defendants
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`Netflix, Amazon, Facebook and Sony are thus liable for direct infringement of the
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`’O6O Patent pursuant to 35 U.S.C. § 27l(a).
`32. On information and beliefl at least since the filing ofthis Complaint,
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`Defendants Netflix, Amazon, Facebook and Sony, without permission of
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`Preservation Technologies, have been and are presently indirectly infiinging the
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`’060 Patent, including actively inducing infringement of the ’O6O Patent under
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`35 U.S.C. § 27l(b) and contributing to infiingement of the ’060 Patent under
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`35 U.S.C. § 27l(c). Such inducements include Without limitation, with specific
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`DOCSOC/1528876vl/019999-0000
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`intent to encourage the infiingement, knowingly inducing consumers to use
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`infringing articles and methods that these Defendants knew or should have known
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`infringe one or more claims of the ’060 Patent.
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`33. On information and belief, Defendants, with knowledge of the ’06O
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`Patent, provide instructions to their customers to use the accused instrumentalities
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`in an infringing manner, and their customers do so.
`34. As a result of Defendants’ infiingement ofthe ’060 Patent,
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`Preservation Technologies has suffered monetary damages that are adequate to
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`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
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`than a reasonable royalty.
`
`ll
`
`12
`
`l3
`
`14
`
`15
`
`16
`
`17
`
`VII. COUNT TWO
`
`DIRECT AND INDIRECT INFRINGEMENT
`
`OF U.S. PATENT N0. 6,581,071
`
`35.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-34 as if fully restated in this paragraph.
`
`36.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’071 Patent, including all rights to recover for all past and fixture infringements
`
`18
`
`thereof.
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`37.
`
`The ’O_7l Patent is valid and enforceable.
`
`38. On information and belief, Defendants Netflix, Amazon, Facebook,
`
`Sony, and DISH, without permission of Preservation Technologies, have been and
`
`are presently infringing the ’07lPatent, as 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 claims of the ’07lPatent, Defendants
`
`Netflix, Amazon, Facebook, Sony, and DISH are thus liable for direct infiingement
`
`of the ’O7l Patent pursuant to 35 U.S.C. § 27l(a).
`
`39. On information and belief, at least since the filing of this Complaint,
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`Defendants Netflix, Amazon, Facebook, Sony, and DISH, without permission of
`
`
`
`DOCSOC/1528876v1/019999-0000
`
`

`
`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 11 of 21 Page ID #:22
`Case 8:11-cv—01862-DOC-JPR Document 1
`Filed 12/02/11 Page 11 of 21 Page ID #222
`
`Preservation Technologies, have been and are 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 ’071 Patent under 35
`
`U.S.C. § 271(c). Such inducements include without limitation, with specific intent
`
`to encourage the infiingement, knowingly inducing consumers to use infringing
`
`articles and methods that these Defendants knew or should have known infringe
`
`one or more claims of the ’O7l Patent.
`
`40. On information and belief, Defendants, with knowledge of the ’O7l
`
`1 2 3 4 5
`
`6 7 8
`
`9 Patent, provide instructions to their customers to use the accused instrumentalities
`
`10
`
`11
`
`in an infiinging manner, and their customers do so.
`
`41. As a result of Defendants’ infringement of the ’O7l Patent,
`
`12 Preservation Technologies has suffered monetary damages that are adequate to
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`.
`
`V]]I. COUNT THREE
`
`DIRECT AND HNTDIRECT INFRDIGEMENT
`
`OF U.S. PATENT NO. 5,813,014
`
`42.
`
`Preservation Technologies incorporates by reference its allegations in
`
`19 Paragraphs 1-41 as if fully restated in this paragraph.
`
`20
`
`21
`
`43.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’014 Patent, including all rights to recover for all past and future infringements
`
`22
`
`thereof.
`
`23
`
`24
`
`25
`26
`
`27
`
`44.
`
`The ’014 Patent is valid and enforceable.
`
`45. On information and belief, Defendants Netflix, Amazon, Facebook,
`
`Sony, and DISH, Without permission of Preservation Technologies, have been and
`are presently infiinging the ’(114 Patent, as infiingement is defined by 35 U.S.C.
`
`§ 27l(a), including‘ through making, using, selling, offering for sale and importing
`
`28 methods and articles infiinging one or more claims of the ’014 Patent. Defendants
`STRADLING YOCCA
`-10-
`CARLS ON & RAUTH
`NEVk:vlg?:ACH
`
`COMPLAINT
`
`DOCSOC/1528876vl/O19999-0000
`
`
`
`

`
`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 12 of 21 Page ID #:23
`Case 8:11—cv—01862—DOC—JPR Document 1
`Filed 12/02/11 Page 12 of 21 Page ID #223
`
`Netflix, Amazon, Facebook, Sony, and DISH are thus liable for direct infringement
`
`of the ’014 Patent pursuant to 35 U.S.C. § 271(a).
`
`46. On information and belief, at least since the filing of this Complaint,
`
`Defendants Netflix, Amazon, Facebook, Sony, and DISH, without permission of
`
`Preservation Technologies, have been and are presently indirectly infringing th'e
`
`’Ol4 Patent, including actively inducing infringement of the ’014 Patent under
`
`35 U.S.C. § 27l(b) and contributing to infringement of the ’Ol4 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
`
`infiinging articles and methods that these Defendants knew or should have known
`
`infringe one or more claims of the ’Ol4 Patent.
`
`_
`
`47. On information and belief, Defendants, with knowledge of the ’Ol4
`
`Patent, provide instructions to their customers to use the accused instrumentalities
`
`in an infringing manner, and their customers do so.
`48.
`' As aresult of Defendants’ infringement ofthe ’Ol4 Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infiingement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`IX. COUNT FOUR
`
`DIRECT AND INDIRECT INFRINGEMIENT
`
`OF U.S. PATENT NO. 6,092,080
`
`49.
`Preservation Technologies incorporates by reference its allegations in
`Paragraphs 1-48 as if fully restated in this paragraph.
`
`50.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’080 Patent, including all rights to recover for all past and fiiture infiingements
`
`)S\DOO\]O\U‘I-l>-UJl\J*-‘
`
`[:1 )—A
`
`1-—A I0
`
`1-: U.)
`
`n-—A -l>-
`
`id U1
`
`l—| ON
`
`1-: \1
`
`»—I O0
`
`1--A \O
`
`10 O
`
`[0 1-:
`
`NI[0
`
`l\JU3
`
`NI45
`
`[9 U1
`
`[0 ON
`
`thereof.
`
`I0\]
`
`51.
`
`The ’080 Patent is Valid and enforceable.
`
`28
`STRADLING YOCCA
`CARLSON & RAUTI-I
`LAWYERS
`Nzwronr BEACH
`
`DOCSOC/1528876v1/019999-0000
`
`-11-
`
`COlV.[PLA]NT
`
`

`
`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 13 of 21 Page ID #:24
`Case 8:11-cv—01862-DOC-JPR Document 1
`Filed 12/02/11 Page 13 of 21 Page ID #224
`
`52. On information and belief, Defendants Netflix, Amazon, Facebook,
`
`Sony, and DISH, without permission of Preservation Technologies, have been and
`
`are presently infiinging the ’080 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 ’O80 Patent. Defendants
`
`Netflix, Amazon, Facebook, Sony, and DISH are thus liable for direct infiringernent
`
`of the ’08O Patent pursuant to 35 U.S.C. § 27l(a).
`
`53. On information and belief, at least since the filing of this Complaint,
`
`Defendants Netflix, Amazon, Facebook, Sony, and DISH, without permission of
`
`\OOO\10\U1-BU~)l\J*-‘
`
`10 Preservation Technologies, have been and are presently indirectly infringing the
`
`’080 Patent, including actively inducing infiingement of the ’O80 Patent under
`
`35 U.S.C. § 271(b) and contributing to infringement of the ’O80 Patent under
`
`35 U.S.C. § 27l(c). Such inducements include without limitation, with specific
`
`intent to encourage the infiingement, knowingly inducing consumers to use
`
`infiinging articles and methods that these Defendants knew or should have known
`
`infiinge one or more claims of the ’O8O Patent.
`
`54. On information and belief, Defendants, with knowledge of the ’O80
`
`18 Patent, provide instructions to their customers to use the accused instrumentalities
`
`
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`. 17
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`in an infiinging manner, and their customers do so.
`
`55. As a result of Defendants’ infringement of the ’O80 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.
`
`A
`
`X. COUNT FIVE
`
`DIRECT AND INDIRECT INFRINGEMENT
`
`OF U.S. PATENT NO. 5,832,495
`
`56.
`
`Preservation Technologies incorporates by reference its allegations in
`
`28 Paragraphs 1-55 as if fully restated in this paragraph.
`STRADLING YOCCA
`-1 2-
`CARLS ON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`DOCSOCI 1 528876v1/019999-0000
`
`
`

`
`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 14 of 21 Page ID #:25
`Case 8:11—cv—01862—DOC—JPR Document 1
`Filed 12/02/11 Page 14 of 21 Page ID #225
`
`57.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’495 Patent, including all rights to recover for all past and fixture infiingements
`
`thereof.
`
`58.
`
`The ’495 Patent is valid and enforceable.
`
`59. On information and belief, Defendants Netflix, Amazon, Sony, and
`
`DISH, without permission of Preservation Technologies, have been and are
`
`presently infringing the ’495 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 ’495 Patent. Defendants
`
`Netflix, Amazon, Sony, and DISH are thus liable for direct infiingement of the
`
`’495 Patent pursuant to 35 U.S.C. § 27l(a).
`
`60. On information and belief, at least since the filing of this Complaint,
`Defendants Netflix, Amazon, Sony, and DISH, without permission ofPreservation
`
`Technologies, have been and are presently indirectly infringing the ’495 Patent,
`including actively inducing infringement of the ’495 Patent under 35 U.S.C. §
`
`27l(b) and contributing to infringement of the ’495 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 infiinging
`articles and methods that these Defendants knew or should have known infiinge
`
`'S\OOO\]O\U1-l>UJl\-31-‘
`
`[xi
`
`[-4
`
`l—| 5.).
`
`)—l L»)
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`one or more claims of the ’495 Patent.
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`61. On information and belief, Defendants, with knowledge of the ’495
`
`Patent, provide instructions to their customers to use the accused instrumentalities
`
`in an infringing manner, and their customers do so.
`
`62. As a result of Defendants’ 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
`
`27
`
`than a reasonable royalty.
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`
`
`DOCSOC/1528876Vl/019999-0000
`
`

`
`Case 8:11-cv-01862-DOC-JPR Document 1 Filed 12/02/11 Page 15 of 21 Page ID #:26
`Case 8:11-cv—01862—DOC-JPR Document 1
`Filed 12/02/11 Page 15 of 21 Page ID #226
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`18
`
`9
`
`X1. COUNT SIX
`
`DIRECT AND INDIRECT INFRINGEMENT
`
`OF U.S. PATENT NO. 5,832,499
`
`63.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-63 as if fully restated in this paragraph.
`
`64.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’499 Patent, including all rights to recover for all past and future infringements
`thereof.
`
`65.
`
`The ’499 Patent is valid and enforceable.
`
`10
`
`66. On information and belief, Defendants Netflix, Amazon, Sony, and
`
`11 DISH, without permission of Preservation Technologies, have been and are
`
`12
`
`13
`
`presently infringing the ’499 Patent, as infringement is defined by 35 U.S.C.
`
`§ 27l(a), including through making, using, selling, offering for sale and importing
`
`14 methods and articles infiinging one or more claims of the ’499 Patent. Defendants
`
`15 Netflix, Amazon, Sony, and DISH are thus liable for direct infringement of the
`
`16
`
`17
`
`’499 Patent pursuant to 35 U.S.C. § 27l(a).
`
`67. On information and belief, at least since the filing of this Complaint,
`
`18 Defendants Netflix, Amazon, Sony, and DISH, without permission of Preservation
`
`19 Technologies, have been and are presently indirectly infringing the ’499 Patent,
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`including actively inducing infiingement of the ’499 Patent under 35 U.S.C. §
`
`27l(b) and contributing to infringement of the ’499 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 infiinging
`
`articles and methods that these Defe