Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 1 of 11 Page ID #:3
`Case 8:12—cv—00208-JVS-JPR Document 1
`Filed 02/08/12 Page 1 of 11 Page ID #:3
`
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`M.)
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`Jan P. Weir, State Bar No. 106652
`‘weir
`sycncem
`Dug as Q. Hahn, State Bar No. 257559
`dhahn s cr.cem
`Jose h I/Iellema, State Bar No. 248118
`‘Incl ema
`5 cr.corn
`TRADL
`YOCCA CARLSON 8:‘. RAUTH
`660 Ne
`011 Center Drive, Suite 1600
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`on;
`each CA 92660-6422
`Tel: 49-725-4600
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`Andrew G. DiNc-vo (will seek admissionpm im vice)
`adinovo clpelavutcom
`Adam G. we (will. seek admission pro hac vice)
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`dpelawncom
`INC) 0 PRICE ELLWANGER & HARDY LLP
`70D0_ North MoPac Expressway, Suite 350
`Austin, TX 78731
`Tel: 512-539-2626
`
`Attorneys for Plaintiffs _
`Preservation Technologies LLC
`
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`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`SOUTHERN DIVISION
`
`£E](E:SERVAT[ON TECHNOLOGIES
`
`CASE NO.:5_sCV12-0
`
`anus JV5 (“mi
`
`Plaintiff,
`
`vs.
`
`AT&T, INC.‘ cox
`COMMUNICATIONS INC. ; TIME
`WARNER CABLE, 11~i
`.,
`
`Defendants.
`
`
`
`COMPLAINT FOR PATENT
`INFRINGEIVIENT
`
`JURY DEMANDED
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`STRADLING VD
`Qcfi
`CARLSON & RAUTH
`LAWVLII
`HTTPDIT "EACH
`
`COMPLAINT FOR PATENT INFBJNGEMENT
`
`LlTlUC:’20l6159vU1D2298-D00?
`
`

`
`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 2 of 11 Page ID #:4
`Case 8 12—cv—00208—JVS—JPR Document 1
`Filed 02/08/12 Page 2 of 11 Page ID #24
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`Plaintiff Preservation Technologies LLC (“Preservation Technologies” or
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`“Plaintiff’) alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff Preservation Technologies is a limited liability company
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`organized and existing under the laws of the State of Delaware, with its principal
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`place of business at 874 Walker Road, Suite C, Dover, Delaware 19904.
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`2.
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`Upon information and belief, AT&T Inc. (“AT&T”) is a corporation
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`organized and existing under the laws of the State of Delaware, with a principal
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`place of business at 208 S. Akard Street, Dallas, Texas 75202. AT&T can be
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`served with process by serving its registered agent for service ofprocess in the
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`State of Delaware, The Corporation Trust Company, Corporation Trust Center,
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`1209 Orange Street, Wilmington, Delaware 19801.
`3.
`Upon information and belief, Cox Communications, Inc. (“Cox”) is a
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`corporation organized and existing under the laws of the State of Delaware, with a
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`place of business located at 1400 Lake Hearn Dr., Mail Stop CP—l2, Atlanta,
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`16 Georgia 30319. Cox can be served with process by serving its registered agent for
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`service ofprocess in the State ofDelaware, Corporation Service Company, 2711
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`i
`18 Centerville Road, Suite 400, Wilmington, Delaware 19808.
`2 19
`4.
`- Upon information and belief, Time Warner Cable, Inc. (“Time
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`20 Warner”) isa corporation organized and existing under the laws of the State of
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`21 Delaware, with a place of business located at 60 Columbus Circle, New York, New
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`22 York 10023. Time Warner can be served with process by serving its registered
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`23
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`agent for service of process in the State of Delaware, The Corporation Trust
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`24 Company, _Co1-‘poration Trust Center, 1209 Orange Street, Wilmington, Delaware
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`19801.
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`_
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`5.
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`Collectively AT&T, Cox, and Time Warner are “Defendants.”
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`STRADLING Yoc<r-5.8
`CARLSON &'RAUTH
`NE\\’Pm\T BEACH
`r,.W.
`
`‘
`
`_
`-1-
`COMPLAINT FOR PATENT INFRINGEMENT
`
`LITIOC/2016159vl/102298-0007
`
`

`
`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 3 of 11 Page ID #:5
`Case 8' 2—cv—00208—JVS—JPR Document 1
`Filed 02/08/12 Page 3 of 11 Page ID #25
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`JURISDICTION AND VENUE
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`6.
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`This is an action for infringement of United States patents arising
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`under 35 U.S.C. §§ 271, 281, and 284-285, among others. This Court has subject
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`matter jurisdiction of the action under Title 28 U.S.C. §l331 and §133 8(a).
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`7.
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`Upon information and belief, personal jurisdiction by this Court over
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`6 Defendants is proper based upon their residence Within the State of California and
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`this judicial district and also Defendants having regularly conducted business,
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`including the acts complained of herein, Within the State of California and this
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`judicial district and/or deriving substantial revenue from goods and services
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`provided to individuals in California and in this judicial district.
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`8.
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`Venue properly lies in this district under the provisions of 28 U.S.C.
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`§ 1391 because Defendants resides in the district, because Defendants have
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`purposely and repeatedly availed themselves of the privilege of doing business
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`14 Within the district, and because a substantial part of the events giving rise to the
`15
`claims herein occurred in this district.
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`The Defendants are properly joined under the America Invents Act
`9.
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`17 (“AIA”) because the facts arise out ofthe same transaction or occurrence and there
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`18
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`is commonality of facts. Moreover, Preservation Technologies is mindful of the
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`guidance provided by the Court in a related case, Case 8:1l—cv-01860-DOC-JPR,
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`I 20
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`in which the Court issued a Consolidation Order on January 30, 2012 (Doc. #13),
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`in which the Court consolidated related cases for pretrial coordination.
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`21
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`22
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`THE PATENTS—IN-SUIT
`23
`10. On July 18, 2000, United States Patent No. 6,092,080 (“the ‘O80
`24
`25 Patent”) was duly and legally issued for a “Digital Library System.” A true and
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`correct copy ofthe ‘U80 Patent is attached" hereto as Exhibit “A.”
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`27
`
`STRADLING Yocgus
`CARLSON & RAUTH
`NEWPORT BEACH
`mm
`
`-2-
`- COMPLAINT FOR PATENT INFRINGEMENT
`
`LITIOC/2016l59v1/102298-0007
`
`

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`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 4 of 11 Page ID #:6
`Case 8'12—cv—00208—JVS-JPR Document 1
`Filed 02/08/12 Page 4 of 11 Page ID #26
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`\Doo~Jo\Ln_4>LaJl\J=—-
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`11. On March 5, 2002, United States Patent No. 6,353,831 (“the ’831
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`Patent”) was duly and legally issued for a “Digital Library System.” A true and
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`correct copy of the ’S31 Patent is attached hereto as Exhibit “B.”
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`p 12. On March 6, 2001, United States Patent No. 6,199,060 (“the ’060
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`Paten ”) Was duly and legally issued for a “Method and Apparatus Management of
`Multimedia Assets.” A true and correct copy ofthe ’060 Patent is attached hereto
`as Exhibit
`A
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`13.
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`On February 22, 2001, United States Patent No. 6,477,537 (“the ’537
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`Paten ”) was duly and legally issued for a “Method and Apparatus for Management
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`>—- C
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`of Multimedia Assets.” A true and correct copy of the ’537 Patent is attached
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`ffi
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`|:l
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`hereto as Exhibit “D.”
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`BACKGROUND
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`14.
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`The USC Shoah Foundation developed theipatented technology. Its
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`impetus was to gather, catalog and make available for access thousands of video
`testimonies. In January 2006,.the Survivors ofthe Shoah Visual History
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`Foundation becamepart 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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`15.
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`Preservation .Technologies has all substantial rights and interest to the
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`Patents—in—Suit, including all rights to recover for all past and fiiture infringements
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`thereof.
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`DEFENDANTS’ ACTS
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`AT&T
`AT&T manufactures, provides, sells, offers for sale, and/or distributes
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`16.
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`infiinging systems. The infringing AT&T 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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`STRADLING Yocgug
`CARLSON & RAUTH
`LAW'YERS
`NEWPORT BEACH
`
`
`
`-3 _
`
`COIVIPLAINT FOR PATENT INFRINGEMENT
`
`LITIOC/2016159v1/102298-0007
`
`

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`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 5 of 11 Page ID #:7
`Case 8'12—cv—00208—JVS-JPR Document 1
`Filed 02/08/12 Page 5 of 11 Page ID #27
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`searching, rating, and provisioning of digital multimedia data, including but not
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`limited to U-Verse cable and online video services, and related products. AT&T
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`provides related services, specifications, and instructions for the installation and
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`operation of such system_s to its customers.
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`Cox manufactures, provides, sells, offers for sale, and/or distributes
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`E 1
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`7.
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`infiinging systems. The infringing Cox systems and methods include, but are not
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`'
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`limited to, systems and methods relating to the cataloguing, organizing, searching,
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`rating, and provisioning of digital multimedia data, including but not limited to
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`Cox’s cable and online video services, and related products. Cox 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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`Time Warner
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`18.
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`Time Warner manufactures, provides, sells, offers for sale, and/or
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`distributes infringing systems. The infringing Time Warner systems and methods
`include, but are not limited to, systems and methods relating to the cataloguing,
`organizing, searching, rating, and provisioning of digital multimedia data,
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`including but not limited to Time Wamer’s cable and online video services, and
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`related products. Time Warner 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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`COUNT ONE
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`(Direct and indirect infringement of United States Patent No. 6,092,080)
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`19.
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`Plaintiff repeats and re-alleges the allegations in paragraphs 1-18 as if
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`set forth in their entirety herein.
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`20.
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`Preservation Technologies is the owner of all substantial rights and
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`interest to the ’080 Patent with the exclusive right to enforce such patent against
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`STRADLING Yocglg
`CARLSON & RAUT1-I
`LAWYERS
`NE“'PORT BEACH
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`-4-
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`COMPLAINT FOR PATENT INFRINGEMENT
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`LITIOC/20l6l59v1/102298-0007
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`

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`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 6 of 11 Page ID #:8
`Case 8' 2—cv—00208—JVS-JPR Document1
`Filed 02/08/12 Page 6 of 11 Page ID #28
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`infiingers, and collect damages for all relevant times, including the right to
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`prosecute this action.
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`21. Upon information and belief, Defendants AT&T, Cox, and Time
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`Warner, Without permission of Preservation Technologies, have been and are
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`presently infringing the ’080 Patent, as infiingement is defined by 35 U.S.C. §
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`27l(a), including though making, using, selling, or offering for sale, and importing
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`methods and articles infringing one or more claims of the ’080 Patent. Defendants
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`AT&T, Cox, and Time Warner are thus liable for direct infringement of the ’080
`Patent pursuant to 35 U.S.C. § 27l(a).
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`22. Upon information and belief, at least since the filing of this
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`Complaint, Defendants AT&T, Cox, and Time Warner, without the permission of
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`Preservation Technologies, have been and are presently indirectly infiinging the
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`’080 Patent, including actively inducing infringement of the ’080 Patent under 35
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`U.S£. § 27l(b) and contributing to infiingement of the ’080 Patent under 35
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`U.S.C. § 271(c). Such inducements include Without limitation, with specific intent
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`to encourage the infiingement, knowingly inducing customers to use infringing
`articles and methods that Defendants AT&T, Cox, and Time Warner knew or
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`should have known infringe one or more claims of the ’O80 Patent.
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`23. As a result of Defendants AT&T’s, Cox’s, and Time Warner’s
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`infringement of the ’080 Patent, Preservation Technologies has suffered monetary
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`damages that are adequate to compensate it for the infringement under 35 U.S.C. §
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`284, but in no event less than a reasonable royalty.
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`24. Upon information and belief, AT&T’s, Cox’ s, and Time W_arner’s
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`infringing conduct will continue unless enjoined by this Court.
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`CARLSON & RAUTH
`LAWYERS
`N!-:wpu11'I‘ BEACH
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`-5-
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`COMPLAINT FOR PATENT INFRINGEMENT
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`LITIOC/20 1 6I59vl/102298-0007
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`
`
`

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`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 7 of 11 Page ID #:9
`Case 8' 2—cv—00208—JVS—JPR Document 1
`Filed 02/08/12 Page 7 of 11 Page ID #29
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`1
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`2
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`COUNT TWO
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`(Direct and indirect infringement of United States Patent No. 6,353,831)
`25.
`and re-alleges the allegations in paragraphs 1-18 as if
`set forth in their entirety herein.
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`26.
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`Preservation Technologies is the owner of all substantial rights and
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`interest to the ’83l Patent with the exclusive right to enforce such patent against
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`-
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`- 7
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`infringers, and collect damages for all relevant times, including the right to
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`8
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`prosecute this action.
`
`27. Upon information and belief, Defendants AT&T, Cox, and Time
`9
`10 Warner, without permission ofPreservation Technologies, have been and are
`11
`presently infringing the ’831 Patent, as infiingement is defmed by 35 U.S.C. §
`12
`271(a), including though making, using, selling, or offering for sale, and importing
`13 methods and articles infiinging one or more claims ofthe ’83l Patent. Defendants
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`14 AT&T, Cox, and Time Warner are thus liable for direct infringement of the ’83l
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`15 Patent pursuant to 35 U.S.C. § 271(a).
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`28. Upon information andbelief, at least since the filing of this
`16
`17 Complaint, Defendants AT&T, Cox, and Time Warner, Without the permission of
`18 Preservation Technologies, have been and are presently indirectly infringing the
`19
`’ 831 Patent, including actively inducing infringement ofthe ’83l Patent under 3 5
`20 U.S.C. § 271(b) andncontributing to infringement ofthe ‘S31 Patent under 35
`21 U.S.C. § 27l(c). Such inducements include Without limitation, with specific intent
`22
`to encourage the infringement, knowingly inducing customers to use infringing
`23
`articles and methods that AT&T, Cox, and Time Warner knew or should have
`24
`known infringe. one or more claims ofthe ’831 Patent.
`I
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`25
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`27
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`29. As a result of Defendants AT&T’s, Cox’s, and Time Warner’s
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`infiingement of the ‘S31 Patent, Preservation Technologies has suffered monetary
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`-5-
`COMPLAINT FOR PATENT INFRINGEMENT
`
`LITIOC/2016l59vl/102298-0007
`
`

`
`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 8 of 11 Page ID #:10
`Case 8:12—cv—00208-JVS-JPR Document 1
`‘Filed 02/08/12 Page 8 of 11 Page ID #210
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`damages that are adequate to compensate it for the infringement under 35 U.S.C. §
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`284, but in no event less than a__ reasonable royalty.
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`30. Upon information and belief, AT&T’s, Cox’s, and Time Warner’s
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`infringing conduct will continue unless enjoined by this Court.
`
`COUNT THREE
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`(Direct and indirect infringement of United States Patent No. 6,199,060)
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`Plaintiff repeats and re-alleges the allegations in paragraphs" l-18 as if
`31.
`set forth in their entirety herein.
`I
`
`32..
`Preservation Technologies is the owner of all substantial rights and
`interest to the ’06() Patent with the exclusive right to enforce such patent against
`infringers, and collect damages for all relevanttimes, including the right to
`
`prosecute this action.
`
`_
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`33. Upon information and beliefi Defendants AT&T, Cox, and Time
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`Warner without permission of Preservation Technologie_s,_ha‘yeJbeen and are .
`presently infringing the ’060 Patent, as infringement is defme-d.byi3i5 U.S.C. §
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`271(a), including though making, using, selling, or offering for sale, and importing
`methods and articles infringing one or more claims of the ’060 Patent. Defendants
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`AT&T, Cox, and Time Warner are thus liable for direct inflingement of the ’060
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`Patent pursuant to 35 U.S.C. § 27l(a).
`34. Upon information and belief, at least since the filing of this
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`Complaint, Defendants AT&T, Cox, and Time Warnerwithout the pennission of
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`Preservation Technologies, have been and are presently indirectly infringing the
`’060 Patent, including actively inducing infringement of the ’060 Patent under 35
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`U.S.C. § 27l(b) and contributing to infringement of the ’060 Patent under 35
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`U.S.C. § 27l(c). Such inducements include Without limitation, with specific intent
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`to encourage the infringement, lcriowingly inducing customers to use infringing
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`STRADLING Yocag
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`-7-
`
`LITIOC/201 6159vl/102298-0007
`
`

`
`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 9 of 11 Page ID #:11
`Case 8: 2—cv—00208—JVS-JPR Document1
`Filed 02/08/12 Page 9 of 11 Page ID #211
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`articles and methods that Defendants AT&T, Cox, and Time Warner knew or
`
`should have known infringe one or more claims of the ’060 Patent.
`
`35.
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`As a result of Defendants AT&T’s, Cox’s, and Time Warner’s
`
`infringement of the ’060 Patent, Preservation Technologies has suffered monetary
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`damages that are adequate to compensate it for the infringement under 35 U.S.C. §
`
`284, but in no event less than a reasonable royalty.
`
`36. Upon information and belief AT&T’s, CoX’s, and Time Warner’s
`
`infringing conduct will continue unless enjoined by this Court.
`
`COUNT FOUR
`
`(Direct and indirect infringement of United States Patent No. 6,477, 53 7)
`
`37.
`Plaintiff repeats and re—alleges the allegations in paragraphs 1-18 as if
`set forth in their entirety herein.
`1
`
`38.
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`Preservation Technologies is the owner of all substantial rights and I
`
`interest to the ‘S37 Patent with the exclusive right to enforce such patent against
`
`infiingers, and collect damages for all relevant times, including the right to
`
`prosecute this action.
`
`39. Upon information and belief, Defendants AT&T, Cox, and Time
`
`Warner without permission of Preservation Technologies, have been and are
`presently infringing the ’537 Patent, as infringement is defined by 35 U.S.C.
`
`27l(a), including though making, using, selling, or offering for sale, and importing
`
`methods and articles infringing one or more claims of the ’537 Patent.‘ Defendants
`
`AT&T, Cox, and Time Warner are thus liable for direct infringement ofthe ’537
`
`Patent pursuant to 35 U.S.C. § 271(a).
`740. Upon information and belief, at least since the filing ofthis
`
`Complaint, Defendants AT&T, Cox, and Time Warner without the permission of
`
`Preservation Technologies, have been and are presently indirectly infringing the
`
`’537 Patent, including actively inducing infringement of the ’537 Patentunder 35
`-3-
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`LITIOC/20l6l59v 1/102298-0007
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`STRADLING YOC‘g’iB
`CARLSON & RAUTI-I
`LAW ‘(Elli
`NEWPORT BEACH
`
`

`
`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 10 of 11 Page ID #:12
`Case 8:1 1 —cv—00208—JVS-JPR Document 1
`Filed 02/08/12 Page 10 of 11 Page ID #212
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`U.S.C. § 271(b) and contributing to infringement of the ’537 Patent under 35
`
`U.S.C. § 271(0). Such inducements include without limitation, with specific intent
`
`to encourage the infringement, knowingly inducing customers to use infringing
`
`articles and methods that Defendants AT&T, Cox, and Time Warner knew or
`
`should have known infringe one or more claims of the ’537 Patent.
`
`41.
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`As a result of Defendants AT&T’s, CoX’s, and Time Warner’s
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`infringement of the ’537 Patent, Preservation Technologies has suffered monetary
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`damages that are adequate to compensate it for the infringement under 35 U.S.C. §
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`284, but in no event less than a reasonable royalty.
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`Upon information and belief, AT&T’s, CoX’s, and Time Warner’s infiinging
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`conduct will continue unless enjoined by this Court.
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`Plaintiff Preservation Technologies hereby requests a trial by jury pursuant
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`JURY DEMAND
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`to Rule 38 of the Federal Rules of Civil Procedure.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff Preservation Technologies respectfully requests
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`that the Court:
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`'
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`A.
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`Permanently enjoin each Defendant, its agents, servants, and
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`employees, and all those in privity with each Defendant or in active concert and
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`participation with any of the Defendants, from engaging in acts of infiingement of
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`the Patents—in“-Suit;
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`B.
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`Award Plaintiff Preservation Technologies past and fll1IL1I'6 damages
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`together with prejudgment and post—judgment interest to compensate for the
`infringement by Defendants ofthe Patents—in—Suit in accordance with 35 U.S.C. §
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`284, and increase such award by up to three times the amount found or assessed in
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`accordance with 35 U.S.C. § 284;
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`STRADLING Yoc2.8
`CARLSON & RAUTH
`LAWYERS
`NE\\'PKJi1T BEACH
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`-9-
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`COMPLAINT FOR PATENT INFRINGEMENT
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`LITIOC/20161 59v1/102298-0007
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`

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`Case 8:12-cv-00208-JVS-JPR Document 1 Filed 02/08/12 Page 11 of 11 Page ID #:13
`Case 8:1 —cv—00208—JVS-JPR Document1
`Filed 02/08/12 Page 11 of 11 Page ID #213
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`C.
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`D.
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`1 2 3
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`Declare this case exceptional pursuant to 35 U.S.C. § 285; and
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`Award Plaintiff Preservation Technologies its costs, disbursements,
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`attorneys’ fees, and such further and additional relief as is deemed appropriate by
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`Respectfully submitted,
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`STRADLING Y CCA CARLSON
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`RAUTH /
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`ey _ or Plaintiffs _
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`servation Technologies LLC
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`4
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`this Court.
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`Dated: February 7, 2012
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`STRADLING Yoczrg
`CARLS ON & RAUTH
`LAWYERS
`NEWPORT BEACH
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`COMPLAINT FOR PATENT INFRINGEMENT
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`-10-
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`LITIOC/2016159v1/102298-0007