Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 1 of 31 Page ID #:1
`
`Jeffrey Francis Craft (SBN 147186)
`jcraft@devlinlawfirm.com
`DEVLIN LAW FIRM LLC
`1731 Fox Springs Circle,
`Newbury Park, CA 91320
`
`Timothy Devlin (pro hac vice to be filed)
`tdevlin@devlinlawfirm.com
`Leonard Monfredo (pro hac vice to be filed)
`lmonfredo@devlinlawfirm.com
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Attorneys for Helios Streaming, LLC,
`and IdeaHub, Inc.
`
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
`
` Case No.: 8:21-cv-211
`)
`
`)
`
`)
`
`)
`COMPLAINT FOR PATENT
`)
`INFRINGEMENT
`)
`
`)
`DEMAND FOR JURY TRIAL
`)
`
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`HELIOS STREAMING, LLC, and
`IDEAHUB, INC.,
`
`Plaintiffs,
`
`
`
`FANDANGO MEDIA, LLC
`Defendant.
`
`vs.
`
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 2 of 31 Page ID #:2
`
`Plaintiffs Helios Streaming, LLC (“Helios”), and IdeaHub, Inc. (“IdeaHub”)
`(collectively “Plaintiffs”), for its Complaint against Defendant Fandango Media, LLC,
`(referred to herein as “Fandango” or “Defendant”), allege the following:
`NATURE OF THE ACTION
`This is an action for patent infringement arising under the Patent Laws of
`1.
`the United States, 35 U.S.C. § 1 et seq.
`THE PARTIES
`Plaintiff Helios is a limited liability company organized under the laws of
`2.
`the State of Delaware with a place of business at 9880 Irvine Center Drive, Suite 100,
`Irvine, California 92618.
`Plaintiff IdeaHub is a corporation organized under the laws of the
`3.
`Republic of Korea with a place of business at 7 Heolleungro, Seocho-gu, Seoul 06792
`Republic of Korea.
`Upon information and belief, Fandango is a limited liability company
`4.
`organized under the laws of the Commonwealth of Virginia with a place of business at
`407 N. Maple Drive, Third Floor, Beverly Hills, California 90210. Upon information
`and belief, Fandango sells, offers to sell, and/or uses products and services throughout
`the United States, including in this judicial district, and introduces infringing products
`and services into the stream of commerce knowing that they would be sold and/or
`used in this judicial district and elsewhere in the United States.
`JURISDICTION AND VENUE
`
`This is an action for patent infringement arising under the Patent Laws of
`5.
`the United States, Title 35 of the United States Code.
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`6.
`1338(a).
`7.
`
`Venue is proper in this judicial district under 28 U.S.C. § 1400(b).
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`1
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 3 of 31 Page ID #:3
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`This Court has personal jurisdiction over Fandango under the laws of the
`8.
`State of California, due at least to their substantial business in California and in this
`judicial district, directly or through intermediaries, including: (i) at least a portion of
`the infringements alleged herein; and (ii) regularly doing or soliciting business,
`engaging in other persistent courses of conduct and/or deriving substantial revenue
`from goods and services provided to individuals in the State of California. Venue is
`also proper in this district because Fandango has a regular and established place of
`business in this district. For instance, on information and belief, Fandango maintains
`its principal office at 407 N. Maple Drive, Third Floor, Beverly Hills, California
`90210.
`
`BACKGROUND
`This action involves four patents, described in detail in the counts below
`9.
`(collectively, the “Asserted Patents”).
`10. U.S. Patent No. 10,270,830 (“the ’830 patent”) claims technologies for
`providing adaptive HTTP streaming services using metadata of media content that
`were developed in the early 2010s by joint inventors Truong Cong Thang and Jin
`Young Lee.
`11. U.S. Patent No. 10,313,414 (“the ’414 patent”) claims technologies for
`providing adaptive HTTP streaming services using metadata of media content that
`were developed in the early 2010s by joint inventors Truong Cong Thang and Jin
`Young Lee.
`12. U.S. Patent No. 10,356,145 (“the ’145 patent”) claims technologies for
`providing adaptive HTTP streaming services using metadata of media content that
`were developed in the early 2010s by joint inventors Truong Cong Thang, Jin Young
`Lee, Seong Jun Bae, Jung Won Kang, Soon Heung Jung, Sang Taick Park, and Won
`Ryu.
`
`13. U.S. Patent No. 10,362,130 (“the ’130 patent”) claims technologies for
`providing adaptive HTTP streaming services using metadata of media content that
`2
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 4 of 31 Page ID #:4
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`were developed in the early 2010s by inventors Truong Cong Thang, Jin Young Lee,
`Seong Jun Bae, Jung Won Kang, Soon Heung Jung, Sang Taick Park, Won Ryu, and
`Jae Gon Kim.
`14. The claimed inventions of the Asserted Patents were mostly invented by
`researchers of the Electronics and Telecommunications Research Institute (“ETRI”),
`the national leader in Korea in the research and development of information
`technologies. Since its inception in 1976, ETRI has developed new technologies in
`4M DRAM computer memory, CDMA and 4G LTE cellular phone communications,
`LCD displays, Video Coding, and Media Transport & Delivery, the latter technology
`of which is at issue in this case. ETRI employs over 1,800 research/technical staff, of
`whom 94% hold a post-graduate degree and 50% have earned a doctoral degree in
`their technological field. Over the last five years, ETRI produced 1,524 SCI papers
`and has 467 standard experts, applied for a total of 16,062 patents, has contributed
`7,309 proposals that have been adopted by international and domestic standard
`organizations (ISO, IEC, ITU, 3GPP, JTC, IEEE etc.). Dr. Truong Cong Thang and
`Dr. Jae Gon Kim among the inventors were employees of ETRI and currently
`Professors at the University of Aizu, Japan, and Korea Aerospace University,
`respectively.
`15. The Asserted Patents claim technologies fundamental to Dynamic
`Adaptive Streaming over HTTP (“DASH”), a media-streaming model for delivering
`media content.
`16. DASH technology has been standardized in the ISO/IEC 23009
`standards, which were developed and published by the International Organization for
`Standardization (“ISO”) and the International Electrotechnical Commission (“IEC”).
`17. The claimed inventions of the Asserted Patents have been incorporated
`into the standard for dynamic adaptive streaming delivery of MPEG media over
`HTTP, ISO/IEC 23009-1:2014, and subsequent versions of this standard (collectively,
`these standards are referred to throughout as “MPEG-DASH”).
`3
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 5 of 31 Page ID #:5
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`18. MPEG-DASH technologies, including those of the claimed inventions of
`the Asserted Patents, facilitate high-quality streaming of media content by breaking
`media content—a movie, for example—into smaller parts that are each made available
`at a variety of bitrates. As a user plays back downloaded parts of the media content,
`the user’s device employs an algorithm to select subsequent media parts with the
`highest possible bitrate that can be downloaded in time for playback without causing
`delays in the user’s viewing and listening experience.
`19. The MPEG-DASH standard, including the claimed inventions of the
`Asserted Patents, therefore enables high-quality streaming of media content over the
`internet delivered from conventional HTTP web servers, which was not previously
`possible on a large scale with prior art techniques and devices.
`20. Between approximately June and August of 2018, Plaintiff IdeaHub
`acquired the applications that matured into the Asserted Patents.
`In or about August of 2018, Plaintiff Helios obtained an exclusive license
`21.
`to the applications that matured into the Asserted Patents.
`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 10,270,830
`22. The allegations set forth in the foregoing paragraphs 1 through 21 are
`incorporated into this First Claim for Relief.
`23. On April 23, 2019, the ’830 patent was duly and legally issued by the
`United States Patent and Trademark Office under the title “Apparatus and Method for
`Providing Streaming Content Using Representations.” A true and correct copy of the
`’830 patent is attached as Exhibit 1.
`IdeaHub is the assignee and owner of all right, title, and interest in and to
`24.
`the ’830 patent.
`25. Helios holds the exclusive right to assert all causes of action arising
`under the ’830 patent and the right to collect any remedies for infringement of it.
`26. Upon information and belief, Fandango has and continues to directly
`infringe at least claims 8 and 11 of the ’830 patent by selling, offering to sell, making,
`4
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 6 of 31 Page ID #:6
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`using, and/or providing and causing to be used streaming media content in accordance
`with the MPEG-DASH standard (the “Accused Instrumentalities”), including one or
`more videos on demand (“VOD”) such as those available at
`https://www.fandangonow.com/.
`27. Upon information and belief, the Accused Instrumentalities perform
`methods of providing media content performed by a server or multiple servers,
`comprising: transmitting a Media Presentation Description (MPD) of a media content
`to a client; receiving a request, from the client, for a segment of the media content;
`transmitting the media content to the client, wherein the MPD includes one or more
`periods, wherein each of the periods includes one or more adaptation sets, wherein
`each of the adaptation sets includes one or more representations, wherein each of the
`representations includes one or more segments, wherein the MPD includes one or
`more attributes or elements that are common to each of the periods, each of the
`adaptation sets, each of the representations, and each of the segments, wherein the
`period includes one or more attributes or elements that are common to each of the
`adaptation sets, each of the representations, and each of the segments for that period,
`wherein the adaptation set includes one or more attributes or elements that are
`common to each of the representations and each of the segments for that adaptation
`set, and wherein the representation includes one or more attributes or elements that are
`common to each of the segments for that representation.
`28. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 8 of the ’830 patent.
`29. Upon information and belief, once a media content is selected via a client
`of the Accused Instrumentalities, at least one server of the Accused Instrumentalities
`transmits a Media Presentation Description (MPD) to the client. For example, when
`“The Lego Movie (UHD)” is selected from the videos available at
`https://www.fandangonow.com/, the client receives from at least one server operating
`on behalf of Fandango, an MPD of the form “dash.mpd.”
`5
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 7 of 31 Page ID #:7
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`30. Upon information and belief, at least one server of the Accused
`Instrumentalities receives a request from the client for a segment of the media content,
`and at least one server of the Accused Instrumentalities transmits the media content to
`the client. For example, when “The Lego Movie (UHD)” is selected from the videos
`available at https://www.fandangonow.com/, at least one server operating on behalf of
`Fandango receives a request for a segment of “The Lego Movie (UHD),” and at least
`one server operating on behalf of Fandango transmits the requested media content to
`the client.
`31. Upon information and belief, the MPD transmitted from at least one
`server of the Accused Instrumentalities to a client includes one or more periods, and
`each period includes one or more adaptation sets. For example, the “dash.mpd” MPD
`for “The Lego Movie (UHD)” includes at least one period that includes an audio
`adaptation set and a video adaptation set.
`32. Upon information and belief, each of the adaptation sets of the Accused
`Instrumentalities includes one or more representations. For example, the video
`adaptation set for “The Lego Movie (UHD)” described immediately above includes
`five video representations.
`33. Upon information and belief, each of the representations of the Accused
`Instrumentalities includes one or more segments. For example, among the five video
`representations described immediately above for “The Lego Movie (UHD),” the video
`representation “video=2001000” includes multiple segments.
`34. Upon information and belief, the MPD of the Accused Instrumentalities
`includes one or more attributes or elements that are common to each of the periods,
`each of the adaptation sets, each of the representations, and each of the segments. For
`example, the “dash.mpd” MPD for “The Lego Movie (UHD)” includes the attributes
`of mediaPresentationDuration, maxSegmentDuration, and minBufferTime, among
`others, that are common to each of the periods, each of the adaptation sets, each of the
`representations, and each of the segments within the “dash.mpd” MPD.
`6
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 8 of 31 Page ID #:8
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`35. Upon information and belief, the period of the MPD of the Accused
`Instrumentalities includes one or more attributes or elements that are common to each
`of the adaptation sets, each of the representations, and each of the segments for that
`period. For example, the “dash.mpd” MPD for “The Lego Movie (UHD)” includes
`the attributes of a duration at the period level, and the duration at the period level is
`common to each hierarchical level below the period, including the adaptation sets, the
`representations, and the segments.
`36. Upon information and belief, the adaptation set of the Accused
`Instrumentalities includes one or more attributes or elements that are common to each
`of the representations and each of the segments for that adaptation set. For example,
`the “dash.mpd” MPD for “The Lego Movie (UHD)” includes a video adaptation set
`that includes elements or attributes such as contentType, par, minBandwidth,
`maxBandwidth, maxWidth, maxHeight, segmentAlignment, mimeType, codecs, and
`startWithSAP, among others, that are common to the representations and segments
`within that adaptation set.
`37. Upon information and belief, the representation of the Accused
`Instrumentalities includes one or more attributes or elements that are common to each
`of the segments for that representation. For example, the “dash.mpd” MPD for “The
`Lego Movie (UHD)” includes a video representation that includes common elements
`or attributes such as id, bandwidth, width, height, sar, and scanType, among others,
`and these elements or attributes are common to each of the segments for that
`representation.
`38. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 11 of the ’830 patent.
`39. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 8 of the ’830 patent for the reasons set forth above in paragraphs 29-37.
`40. Upon information and belief, the Accused Instrumentalities perform the
`method of claim 8, wherein the element included at an adaptation set level is a
`7
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 9 of 31 Page ID #:9
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`SegmentTemplate. For example, the video adaptation set of the “dash.mpd” MPD for
`“The Lego Movie (UHD)” includes an element called “SegmentTemplate.”
`41. Since at least November 13, 2019 Fandango has had actual notice that it
`is directly infringing the ’830 patent.
`42. On information and belief, the Accused Instrumentalities are used,
`marketed, provided to, and/or used by or for each of Defendant’s partners, clients,
`customers, and end users across the country and in this District.
`43. Plaintiffs have been harmed by Fandango’s infringing activities.
`COUNT II – INFRINGEMENT OF U.S. PATENT NO. 10,313,414
`44. The allegations set forth in the foregoing paragraphs 1 through 43 are
`incorporated into this Second Claim for Relief.
`45. On June 4, 2019, the ’414 patent was duly and legally issued by the
`United States Patent and Trademark Office under the title “Apparatus and Method for
`Providing Streaming Content Using Representations.” A true and correct copy of the
`’414 patent is attached as Exhibit 2.
`IdeaHub is the assignee and owner of all right, title, and interest in and to
`46.
`the ’414 patent.
`47. Helios holds the exclusive right to assert all causes of action arising
`under the ’414 patent and the right to collect any remedies for infringement of it.
`48. Upon information and belief, Fandango has and continues to directly
`infringe at least claims 11, 12, 14, 15, 16, 17, 25, 27, and 29 of the ’414 patent by
`selling, offering to sell, making, using, and/or providing and causing to be used
`streaming media content in accordance with the MPEG-DASH standard (the
`“Accused Instrumentalities”), including one or more videos on demand (“VOD”) such
`as those available at https://www.fandangonow.com/.
`49. Upon information and belief, the Accused Instrumentalities perform
`methods of providing media content performed by a server or multiple servers,
`comprising: transmitting a Media Presentation Description (MPD) of a media content
`8
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 10 of 31 Page ID #:10
`
`to a client; receiving a request, from the client, for a segment of the media content;
`transmitting the media content to the client, wherein the MPD includes one or more
`periods, wherein each of the periods includes one or more adaptation sets, wherein
`each of the adaptation sets includes one or more representations, wherein each of the
`representations includes one or more segments, wherein the MPD, the period, the
`adaptation set, the representation or the segments includes one or more attributes or
`elements, and, wherein the adaptation set includes one or more attributes or elements
`that are common to each of the representations for that adaptation set.
`50. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 11 of the ’414 patent.
`51. Upon information and belief, once a media content is selected via a client
`of the Accused Instrumentalities, at least one server of the Accused Instrumentalities
`transmits a Media Presentation Description (MPD) of a media content to the client.
`For example, when the media content “Bumblebee” is selected from the videos
`available at https://www.fandangonow.com/, at least one server operating on behalf of
`Fandango transmits an MPD of “Bumblebee” of the form “dash.mpd” to the client.
`52. Upon information and belief, at least one server of the Accused
`Instrumentalities receives a request from the client for a segment of the media content,
`and at least one server of the Accused Instrumentalities transmits the media content to
`the client. For example, when “Bumblebee” is selected from the videos available at
`https://www.fandangonow.com/, at least one server operating on behalf of Fandango
`receives a request from the client for a segment of “Bumblebee,” and at least one
`server operating on behalf of Fandango transmits the requested media content to the
`client.
`53. Upon information and belief, the MPD transmitted from at least one
`server of the Accused Instrumentalities to a client includes one or more periods, and
`each period includes one or more adaptation sets. For example, the “dash.mpd” MPD
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`9
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 11 of 31 Page ID #:11
`
`for “Bumblebee” includes at least one period that includes an audio adaptation set and
`a video adaptation set.
`54. Upon information and belief, each of the adaptation sets of the Accused
`Instrumentalities includes one or more representations. For example, the video
`adaptation set for “Bumblebee” described immediately above includes four video
`representations.
`55. Upon information and belief, each of the representations of the Accused
`Instrumentalities includes one or more segments. For example, among the four video
`representations described immediately above for “Bumblebee,” the video
`representation at the 2006K bandwidth includes multiple segments.
`56. Upon information and belief, the MPD, the period, the adaptation set, the
`representation or the segments of the Accused Instrumentalities includes one or more
`attributes or elements. For example, the MPD for “Bumblebee” includes attributes or
`elements such as “type,” “mediaPresentationDuration,” “maxSegmentDuration,” and
`“minBufferTime”; the period for “Bumblebee” includes the attribute or element of
`“duration”; the video adaptation set for “Bumblebee” includes attributes or elements
`such as “contentType,” “maxBandwidth,” “maxWidth,” “maxHeight,” and
`“segmentAlignment”; and the representation for “Bumblebee” includes attributes or
`elements such as “bandwidth,” “width,” and “height.”
`57. Upon information and belief, the adaptation set of the Accused
`Instrumentalities includes one or more attributes or elements that are common to each
`of the representations for that adaptation set. For example, the “dash.mpd” MPD for
`“Bumblebee” includes a video adaptation set that includes attributes or elements such
`as the maxHeight attribute of “480” that is shared by all the representations in the
`video adaptation set.
`58. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 12 of the ’414 patent.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`10
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 12 of 31 Page ID #:12
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`59. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 11 of the ’414 patent for the reasons set forth above in paragraphs 51-
`57.
`
`60. Upon information and belief, the Accused Instrumentalities perform the
`method of claim 11, wherein the attribute included at an MPD level is a
`maxSegmentDuration, wherein the maxSegmentDuration is a maximum duration of a
`segment in a representation. For example, the “dash.mpd” MPD for “Bumblebee”
`includes the attribute “maxSegmentDuration=‘PT3S’” that specifies a maximum
`duration of a segment in a representation.
`61. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 14 of the ’414 patent.
`62. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 11 of the ’414 patent for the reasons set forth above in paragraphs 51-
`57.
`
`63. Upon information and belief, the Accused Instrumentalities perform the
`method of claim 11, wherein the attribute included at an adaptation set level is an
`audioSampleRate, wherein the audioSampleRate specifies a sampling rate of an audio
`media component type. For example, the adaptation set for “Bumblebee” includes the
`attribute “audioSampleRate=‘48000’” that specifies a sampling rate of an audio media
`component.
`64. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 15 of the ’414 patent.
`65. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 11 of the ’414 patent for the reasons set forth above in paragraphs 51-
`57.
`
`66. Upon information and belief, the Accused Instrumentalities perform the
`method of claim 11, wherein the element included at an adaptation set level is an
`AudioChannelConfiguration, wherein the AudioChannelConfiguration specifies an
`11
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 13 of 31 Page ID #:13
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`audio channel configuration of an audio media component type. For example, the
`adaptation set for “Bumblebee” includes the element “<AudioChannelConfiguration
`schemeIdUri=‘urn:mpeg:dash:23003:3:audio_channel_configuration:2011’
`value=‘2’>” that specifies an audio channel configuration of an audio media
`component type.
`67. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 16 of the ’414 patent.
`68. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 11 of the ’414 patent for the reasons set forth above in paragraphs 51-
`57.
`
`69. Upon information and belief, the Accused Instrumentalities perform the
`method of claim 11, wherein the attribute included at an adaptation set level is a
`contentType, wherein the contentType specifies a type of media content component.
`For example, the adaptation set for “Bumblebee” includes the attribute
`“contentType=‘audio’” that specifies a type of media content component.
`70. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 17 of the ’414 patent.
`71. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 11 of the ’414 patent for the reasons set forth above in paragraphs 51-
`57.
`
`72. Upon information and belief, the Accused Instrumentalities perform the
`method of claim 11, wherein the attribute included at an adaptation set level is a
`sample aspect ratio of a video media component type. For example, the adaptation set
`for “Bumblebee” includes the attribute “sar=‘1:1’,” which is a sample aspect ratio of a
`video media component type.
`73. Upon information and belief, the Accused Instrumentalities perform
`methods of providing media content performed by a server or multiple servers,
`comprising: transmitting a Media Presentation Description (MPD) of a media content
`12
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 14 of 31 Page ID #:14
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`to a client; receiving a request, from the client, for a segment of the media content;
`transmitting the media content to the client, wherein the MPD includes one or more
`periods, wherein each of the periods includes one or more adaptation sets, wherein
`each of the adaptation sets includes one or more representations, wherein each of the
`representations includes one or more segments, and wherein information on a
`location, availability or property for the one or more segments in a representation is
`comprised in a SegmentTemplate element.
`74. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 25 of the ’414 patent.
`75. Upon information and belief, once a media content is selected via a client
`of the Accused Instrumentalities, at least one server of the Accused Instrumentalities
`transmits a Media Presentation Description (MPD) of a media content to the client.
`For example, when the media content “Bumblebee” is selected from the videos
`available at https://www.fandangonow.com/, at least one server operating on behalf of
`Fandango transmits an MPD of “Bumblebee” of the form “dash.mpd” to the client.
`76. Upon information and belief, at least one server of the Accused
`Instrumentalities receives a request from the client for a segment of the media content,
`and at least one server of the Accused Instrumentalities transmits the media content to
`the client. For example, when “Bumblebee” is selected from the videos available at
`https://www.fandangonow.com/, at least one server operating on behalf of Fandango
`receives a request from the client for a segment of “Bumblebee,” and at least one
`server operating on behalf of Fandango transmits the requested media content to the
`client.
`77. Upon information and belief, the MPD transmitted from at least one
`server of the Accused Instrumentalities to a client includes one or more periods, and
`each period includes one or more adaptation sets. For example, the “dash.mpd” MPD
`for “Bumblebee” includes at least one period that includes an audio adaptation set and
`a video adaptation set.
`
`13
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 15 of 31 Page ID #:15
`
`78. Upon information and belief, each of the adaptation sets of the Accused
`Instrumentalities includes one or more representations. For example, the video
`adaptation set for “Bumblebee” described immediately above includes four video
`representations.
`79. Upon information and belief, each of the representations of the Accused
`Instrumentalities includes one or more segments. For example, among the four video
`representations described immediately above for “Bumblebee,” the video
`representation at the 2006K bandwidth includes multiple segments.
`80. Upon information and belief, the MPD of the Accused Instrumentalities
`comprises information on a location, availability or property for the one or more
`segments in a representation that are comprised in a SegmentTemplate element. For
`example, the “dash.mpd” MPD for “Bumblebee” includes information on the location,
`availability and property of the segment through the “SegmentTemplate” element, and
`this information includes timescale, media, initialization, and SegmentTimeline,
`among other information.
`81. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 27 of the ’414 patent.
`82. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 25 of the ’414 patent for the reasons set forth above in paragraphs 75-
`80.
`
`83. Upon information and belief, the Accused Instrumentalities perform the
`method of claim 25, wherein the SegmentTemplate element is included at an
`adaptation set level. For example, for “Bumblebee” the SegmentTemplate element
`“timescale=‘4800’” is included at an adaptation set level.
`84. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 29 of the ’414 patent.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`14
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case 8:21-cv-00211 Document 1 Filed 01/29/21 Page 16 of 31 Page ID #:16
`
`85. Upon information and belief, the Accused Instrumentalities directly
`infringe claim 25 of the ’414 patent for the reasons set forth above in paragraphs 75-
`80.
`
`86. Upon information and belief, the Accused Instrumentalities perform the
`method of claim 25, wherein a duration attribute and a SegmentTimeline element are
`provided. For example, for “Bumblebee,” the duration attributes “d=‘96256’” and
`“d=‘95232’” are provided within a “SegmentTimeline” element.
`87. Since at least November 13, 2019 Fandango has had actual notice that it
`is directly infringing the ’414 patent.
`88. On information and belief, the Accused Instrumentalities are used,
`marketed, provided to, and/or used by or for each of Defendant’s partners, clients,
`customers, and end users across the country and in this District.
`89. Plaintiffs have been harmed by Fandango’s infringing activities.
`COUNT III – INFRINGEMENT OF U.S. PATENT NO. 10,356,145
`90. The allegations set forth in the