Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 1 of 28
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`HYPERMEDIA NAVIGATION LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`MICROSOFT CORPORATION,
`
`Defendant.
`
`
`
`CIVIL ACTION NO. 2:17-cv-647
`
`JURY TRIAL DEMANDED
`
`ORIGINAL COMPLAINT
`
`This is an action for patent infringement in which Hypermedia Navigation LLC
`
`(“Hypermedia”) makes the following allegations against Microsoft Corporation (“Defendant”):
`
`PARTIES
`
`1.
`
`Hypermedia Navigation LLC is a Texas limited liability company with a principle
`
`place of business located at 5068 W. Plano Parkway, Suite 300, Plano, TX 75093.
`
`2.
`
`Microsoft Corporation is a corporation organized and existing under the laws of
`
`Washington, with its principal place of business located at 1 Microsoft Way, Redmond, WA
`
`98052. Defendant may be served with process through its registered agent, Corporation Service
`
`Company, 300 Deschutes Way SW, Ste. 304, Tumwater, WA 98501.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for infringement of a United States patent arising under 35 U.S.C.
`
`§§ 271(a), 281, and 284 - 85. This Court has subject matter jurisdiction over this action under 28
`
`U.S.C. §1331 and §1338(a).
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`
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`1
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 2 of 28
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`4.
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`Venue is proper in this district pursuant to 28 U.S.C. § 1400(b). Defendant
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`maintains a regular place of business within this Judicial District at 2601 Preston Rd., #1176,
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`Frisco, TX 75034, and has committed acts of infringement within this Judicial District.
`
`5.
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`Defendant is subject to this Court’s specific and general personal jurisdiction
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`pursuant to due process and/or the Texas Long Arm Statute, due at least to Defendant’s substantial
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`business in this forum, including: (i) at least a portion of the infringements alleged herein; and (ii)
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`regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or
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`deriving substantial revenue from goods and services provided to individuals in Texas and in this
`
`district.
`
`THE HYPERMEDIA PATENTS
`
`6.
`
`The Hypermedia Patents disclose the solution to a problem created by internet web
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`navigation which lacked linear navigation for media elements such as television shows, movies,
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`radio programs, concert viewings, which were increasingly unorganized with virtually unlimited
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`number of choices, for example, searching for a content on the search term “President” in
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`December 1998 on www.Facebook.com would yield non-linear results.
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`7.
`
`In 1998, one of the major search engine, Yahoo!’s search engine provided this
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`simple categorical home page with no media content navigation.
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`2
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`8.
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`Search results through browsers were lists of links with no linear navigation for
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`media elements such as videos, images, and/or audio files or websites, for example, a search result
`
`for president would look like this in 1999:
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`
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`3
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`
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`9.
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`The Hypermedia patents solved this problem by creating a linear navigation
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`resource program to navigate media elements by pulling multiple media elements from multiple
`
`hypermedia resources from multiple remote information nodes and provides them to the subscriber
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`station through an interface which provides presentation of a media element and a linear navigation
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`through a path of additional media elements.
`
`10.
`
`On June 3, 2008, United States Patent No. 7,383,323 (the “’323 patent”) was duly
`
`and legally issued by the United States Patent and Trademark Office for an invention titled
`
`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A
`
`true and correct copy of the ’323 patent is attached hereto as Exhibit A.
`
`11.
`
`On June 3, 2008, United States Patent No. 7,383,324 (the “’324 patent”) was duly
`
`and legally issued by the United States Patent and Trademark Office for an invention titled
`
`
`
`4
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`

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`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A
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`true and correct copy of the ’324 patent is attached hereto as Exhibit B.
`
`12.
`
`On September 9, 2008, United States Patent No. 7,424,523 (the “’523 patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention titled
`
`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A
`
`true and correct copy of the ’523 patent is attached hereto as Exhibit C.
`
`13.
`
`On January 13, 2009, United States Patent No. 7,478,144 (the “’144 patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention titled
`
`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A
`
`true and correct copy of the ’144 patent is attached hereto as Exhibit D.
`
`14.
`
`On August 3, 2010, United States Patent No. 7,769,830 (the “’830 patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention titled
`
`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A
`
`true and correct copy of the ’830 patent is attached hereto as Exhibit E.
`
`15.
`
`On August 21, 2012, United States Patent No. 8,250,173 (the “’173 patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention titled
`
`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A
`
`true and correct copy of the ’173 patent is attached hereto as Exhibit F.
`
`16.
`
`On July 14, 2015, United States Patent No. 9,083,672 (the “’672 patent”) was duly
`
`and legally issued by the United States Patent and Trademark Office for an invention titled
`
`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A
`
`true and correct copy of the ’672 patent is attached hereto as Exhibit G.
`
`
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`5
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 6 of 28
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`17.
`
`On August 21, 2012, United States Patent No. 8,250,170 (the “’170 patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention titled
`
`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A
`
`true and correct copy of the ’170 patent is attached hereto as Exhibit H.
`
`18.
`
`On May 8, 2007, United States Patent No. 7,216,155 (the “’155 patent”) was duly
`
`and legally issued by the United States Patent and Trademark Office for an invention titled
`
`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A
`
`true and correct copy of the ’155 patent is attached hereto as Exhibit I.
`
`19.
`
`The ’323 Patent, the ’324 Patent, the ’523 Patent, the ’144 Patent, the ’830 Patent,
`
`the ’173 Patent, the ’672 Patent, the ’170 Patent, and the ’155 Patent are collectively referred to as
`
`the “Asserted Patents.”
`
`20.
`
`Hypermedia is the owner of the Asserted Patents with all rights in and to the
`
`Asserted Patents.
`
`21.
`
`Upon information and belief, to the extent any marking was required by 35 U.S.C.
`
`§ 287 with regards to the Asserted Patents, Hypermedia has complied with such requirements.
`
`WILLFUL INFRINGEMENT BY MICROSOFT
`
`On October 19, 2016, Hypermedia’s patent portfolio was presented to Defendant.
`
`Hypermedia’s entire portfolio was presented, which includes all of the Assert
`
`22.
`
`23.
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`Patents. Furthermore, detailed infringement charts regarding U.S. Patent Nos. 7,383,323,
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`7,383,324, 7,487,144, 8,250,173, and 9,083,672.
`
`24.
`
`Detailed infringement charts including independent and dependent claims of the
`
`7,383,323, 7,383,324, 7,424,523, 7,487,144, 7,769,830, 8,250,170, 8,250,173, and 9,083,672 (the
`
`“Charted Patents”) were sent to Defendant on May 4, 2017.
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`6
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 7 of 28
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`25.
`
`Hypermedia and Defendant negotiated for a license to Hypermedia’s patent
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`portfolio, but were unable to reach an agreement.
`
`26.
`
`Defendant provided no material, no description, and no evidence of non-
`
`infringement or invalidity of any of Hypermedia’s patents.
`
`27.
`
`Prior to the filing of this Complaint, Hypermedia presented its entire patent
`
`portfolio to Defendant. Hypermedia presented specific evidence of the Bing search engine and/or
`
`Bing video search and/or Bing Music (the “Accused Instrumentalities’”) infringement of the
`
`Charted Patents to Defendant demonstrating how the Accused Instrumentalities met each
`
`limitation of the charted claims. Thus, Defendant was both aware of the Asserted Patents and the
`
`Charted Patents and had been shown by Hypermedia that its products infringed the Asserted
`
`Patents. Thus, Defendant has willfully infringed the Asserted Patents.
`
`28.
`
`Furthermore, Defendant intentionally infringed the Asserted Patents by making,
`
`using, and/or selling the Accused Instrumentalities within the United States.
`
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 7,383,323
`
`29.
`
`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
`
`offers for sale products and/or systems (i.e., the Bing search engine and/or Bing video search) (the
`
`“Accused Instrumentalities”)) that infringe claims 10, 11, 12, and 17 of the ’323 patent.
`
`30.
`
`Upon information and belief, Defendant has been and is now infringing claims 10,
`
`11, 12, and 17 of the ’323 Patent in the State of Texas, in this Judicial District, and elsewhere in
`
`the United States, by, among other things, directly or through intermediaries, making, using,
`
`importing, providing, selling and/or offering for sale the Accused Instrumentalities, covered by
`
`one or more claims of the ’323 Patent to the injury of Hypermedia. Defendant is directly
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`7
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 8 of 28
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`infringing, literally infringing, and/or infringing the ’323 Patent under the doctrine of equivalents.
`
`Defendant is thus liable for infringement of the ’323 Patent pursuant to 35 U.S.C. § 271(a).
`
`31.
`
`The Accused Instrumentalities infringe claim 10 of the ’323 Patent as they perform
`
`a method for presenting video media elements to a subscriber station by receiving request from
`
`the subscriber station to present at least one video element to the subscriber (e.g. Bing receives a
`
`request from a user for presenting video media elements results); selecting a plurality of video
`
`media elements for presentation the subscriber station (e.g. Bing video search selects a plurality of
`
`video elements); creating a file for use by the subscriber station to create a user interface (e.g. Bing
`
`video search presents a viewing area of a user selected video); and transmitting the file to the
`
`subscriber station. See Exhibit A-1, Figs. 1-12.
`
`32.
`
`The Accused Instrumentalities infringe claim 11 of the ’323 Patent as they perform
`
`the method of claim 10 and receiving the request from the subscriber station includes receiving a
`
`search criteria and selecting the plurality of video media elements includes selecting the plurality
`
`of video media elements based upon the search criteria (e.g. Bing selects videos based on search
`
`terms). See Exhibit A-1, Figs. 1-12.
`
`33.
`
`The Accused Instrumentalities infringe claim 12 of the ’323 Patent as they perform
`
`the method of claim 10 and receiving the request from the subscriber station includes receiving a
`
`search criteria and at least one search preference and selecting the plurality of video media
`
`elements includes selecting the plurality of video media elements based upon the search criteria
`
`and the at least one search preference. See Exhibit A-1, Figs. 1-12.
`
`34.
`
`The Accused Instrumentalities infringe claim 17 of the ’323 Patent as they perform
`
`the method of claim 10 and each of the plurality of video media elements for presentation to the
`
`subscriber station resides on a common Web Site. See Exhibit A-1, Figs. 1-12.
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`8
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`35.
`
`As a result of Defendant’s infringement of the ’323 Patent, Hypermedia has
`
`suffered monetary damages and is entitled to a money judgment in an amount adequate to
`
`compensate for Defendant’s infringement, but in no event less than a reasonable royalty for the
`
`use made of the invention by Defendant, together with interest and costs as fixed by the court.
`
`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 7,383,324
`
`36.
`
`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
`
`offers for sale products and/or systems (i.e., the Bing search engine and/or Bing video search
`
`and/or Bing Music) (the “Accused Instrumentalities”)) that infringe claims 1, 2, 4, and 5 of the
`
`’324 patent.
`
`37.
`
`Upon information and belief, Defendant has been and is now infringing claims 1,
`
`2, 4, and 5 of the ’324 patent in the State of Texas, in this Judicial District, and elsewhere in the
`
`United States, by, among other things, directly or through intermediaries, making, using,
`
`importing, providing, selling and/or offering for sale Accused Instrumentalities, covered by one or
`
`more claims of the ’324 Patent to the injury of Hypermedia. Defendant is directly infringing,
`
`literally infringing, and/or infringing the ’324 Patent under the doctrine of equivalents. Defendant
`
`is thus liable for infringement of the ’324 Patent pursuant to 35 U.S.C. § 271(a).
`
`38.
`
`The Accused Instrumentalities infringe claim 1 of the ’324 Patent as they perform
`
`a method for presenting video media elements to a subscriber station by receiving request from
`
`the subscriber station to present at least one video element to the subscriber (e.g. Bing receives a
`
`request from a user for presenting video media elements results); selecting a plurality of video
`
`media elements for presentation the subscriber station (e.g. Bing video search selects a plurality of
`
`video elements); creating a file for use by the subscriber station to create a user interface (e.g. Bing
`
`
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`9
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 10 of 28
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`video search presents a viewing area of a user selected video); and transmitting the file to the
`
`subscriber station. See Exhibit B-1, Figs. 1-17.
`
`39.
`
`The Accused Instrumentalities infringe claim 2 of the ’324 Patent as they perform
`
`the method of claim 1 and include a first and second plurality of video media elements which are
`
`associated with the website. See Exhibit B-1, Figs. 1-17.
`
`40.
`
`The Accused Instrumentalities infringe claim 4 of the ’324 Patent as they perform
`
`the method of claim 1 and receive search criteria from the user and select the second plurality of
`
`video elements using the search term. See Exhibit B-1, Figs. 1-17.
`
`41.
`
`The Accused Instrumentalities infringe claim 5 of the ’324 Patent as they perform
`
`the method of claim 1 and receive the request from a user of a search criteria and select the second
`
`plurality of video media elements based on the search criteria and at least one search preference
`
`such as resolution. See Exhibit B-1, Figs. 1-17.
`
`42.
`
`As a result of Defendant’s infringement of the ’324 Patent, Hypermedia has
`
`suffered monetary damages and is entitled to a money judgment in an amount adequate to
`
`compensate for Defendant’s infringement, but in no event less than a reasonable royalty for the
`
`use made of the invention by Defendant, together with interest and costs as fixed by the court.
`
`COUNT III
`INFRINGEMENT OF U.S. PATENT NO. 7,424,523
`
`43.
`
`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
`
`offers for sale products and/or systems (i.e., the Bing search engine and/or its Bing video search
`
`and/or Bing music) (the “Accused Instrumentalities”)) that infringe claims 6, 7, 11, and 12 of the
`
`’523 Patent.
`
`44.
`
`Upon information and belief, Defendant has been and is now infringing claims 6,
`
`7, 11, and 12 of the ’523 Patent in the State of Texas, in this Judicial District, and elsewhere in the
`
`
`
`10
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 11 of 28
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`United States, by, among other things, directly or through intermediaries, making, using,
`
`importing, providing, selling and/or offering for sale the Accused Instrumentalities, covered by
`
`one or more claims of the ’523 Patent to the injury of Hypermedia. Defendant is directly
`
`infringing, literally infringing, and/or infringing the ’523 Patent under the doctrine of equivalents.
`
`Defendant is thus liable for infringement of the ’523 Patent pursuant to 35 U.S.C. § 271(a).
`
`45.
`
`The Accused Instrumentalities infringe claim 6 of the ’523 Patent as they perform
`
`a method for navigating a linear Web program by sending data from a remote information node to
`
`display, on a display device at a user location, a first media element of the plurality of media
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`elements from the single Website (e.g. Bing video search sends to a user video search results);, the
`
`first media element having a forward link to a second media element of the linear Web program,
`
`and to display a forward link indicator on the display device; receiving a first signal in response to
`
`an action of the user indicating an activation of the forward link indicator, and in response to the
`
`activation of the forward link indicator, sending data from the remote information node to display
`
`on the display device (e.g. Bing providing a forward link to the next media element and displaying
`
`the next media element); and receiving a second signal in response to an action of the user
`
`indicating an activation of the forward link indicator, and in response to the activation of the
`
`forward link indicator, sending data from the remote information node to display on the display
`
`device, the third media element of the linear Web program (e.g. Bing presenting a third media
`
`element after receiving a second signal). See Exhibit C-1, Figs. 1-18.
`
`46.
`
`The Accused Instrumentalities infringe claim 7 of the ’523 Patent as they perform
`
`the method of claim 6 and includes a forward button. See Exhibit C-1, Figs. 1-18.
`
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`11
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 12 of 28
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`47.
`
`The Accused Instrumentalities infringe claim 11 of the ’523 Patent as they perform
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`the method of claim 6 and stores the web site at a remote node, e.g., a server. See Exhibit C-1,
`
`Figs. 1-18.
`
`48.
`
`The Accused Instrumentalities infringe claim 12 of the ’523 Patent as they perform
`
`the method of claim 11 and sends the website to a user’s display device, e.g., a computer, tablet,
`
`or smartphone. See Exhibit C-1, Figs. 1-18.
`
`49.
`
`As a result of Defendant’s infringement of the ’523 Patent, Hypermedia has
`
`suffered monetary damages and is entitled to a money judgment in an amount adequate to
`
`compensate for Defendant’s infringement, but in no event less than a reasonable royalty for the
`
`use made of the invention by Defendant, together with interest and costs as fixed by the court.
`
`COUNT IV
`INFRINGEMENT OF U.S. PATENT NO. 7,478,144
`
`50.
`
`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
`
`offers for sale products and/or systems (i.e., the Bing search engine and/or its Bing video search
`
`and/or Bing music) (the “Accused Instrumentalities”)) that infringe claims 39, 40, 43, 44 and 45
`
`of the ’144 patent.
`
`51.
`
`Upon information and belief, Defendant has been and is now infringing claims 39,
`
`40, 43, 44 and 45 of the ’144 Patent in the State of Texas, in this Judicial District, and elsewhere
`
`in the United States, by, among other things, directly or through intermediaries, making, using,
`
`importing, providing, selling and/or offering for sale the Accused Instrumentalities, covered by
`
`one or more claims of the ’144 Patent to the injury of Hypermedia. Defendant is directly
`
`infringing, literally infringing, and/or infringing the ’144 Patent under the doctrine of equivalents.
`
`Defendant is thus liable for infringement of the ’144 Patent pursuant to 35 U.S.C. § 271(a).
`
`
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`12
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`52.
`
`The Accused Instrumentalities infringe claim 39 of the ’144 Patent as they perform
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`a method for searching for video media elements and presenting information regarding a plurality
`
`of found video media elements to a subscriber station by receiving a search request from the
`
`subscriber station to perform a video media element search, the search request including at least
`
`one search term and an indication to search for video media elements (e.g. Bing receives a search
`
`term); searching for video media elements based upon the search request to produce the
`
`information regarding the plurality of found video media elements; creating a file for use by the
`
`subscriber station to create a user interface that includes the information regarding the plurality of
`
`found video media elements (e.g. Bing provides a user interface to the subscriber station); and
`
`transmitting the file to the subscriber station. See Exhibit D-1, Figs. 1-17.
`
`53.
`
`The Accused Instrumentalities infringe claim 40 of the ’144 Patent as they perform
`
`the method of claim 39 and the user interface includes a viewing area in which at least one image
`
`of the plurality of found video media elements is presented and a map area in which information
`
`regarding some of the plurality of found video media elements is presented. See Exhibit D-1, Figs.
`
`1-17.
`
`54.
`
`The Accused Instrumentalities infringe claim 43 of the ’144 Patent as they perform
`
`the method of claim 39 and the file further includes at least one found video media element. See
`
`Exhibit D-1, Figs. 1-17.
`
`55.
`
`The Accused Instrumentalities infringe claim 44 of the ’144 Patent as they perform
`
`a method for performing a search for media elements and for providing the media elements to a
`
`subscriber station by receiving a search request from the subscriber station to perform a search for
`
`media elements (e.g. Bing receives a search request from a user); searching for media elements
`
`based upon the search request to produce a plurality of found media elements (e.g. Bing searches
`
`
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`13
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 14 of 28
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`and produces a plurality of video search results); selecting, from the plurality of found media
`
`elements, a first media element; selecting from the plurality of found media elements, a plurality
`
`of second media elements (e.g. Bing video search provides a linear result of a first media element
`
`along with a plurality of second media elements); and creating a file for use by the subscriber
`
`station to create a user interface (e.g. Bing video search creates a return of results in a user interface
`
`format). See Exhibit D-1, Figs. 1-17.
`
`56.
`
`The Accused Instrumentalities infringe claim 45 of the ’144 Patent as they perform
`
`the method of claim 44 and also receives a map selection area request from the user corresponding
`
`to a second media element, selects a plurality of third media elements, and creates another webpage
`
`for the user that includes a viewing area presenting the second media element and a map area
`
`including information regarding the third media elements, e.g., when the user clicks on a second
`
`video, a new web page is created displaying the second video and a map area including a third set
`
`of videos. See Exhibit D-1, Figs. 1-17.
`
`57.
`
`As a result of Defendant’s infringement of the ’144 Patent, Hypermedia has
`
`suffered monetary damages and is entitled to a money judgment in an amount adequate to
`
`compensate for Defendant’s infringement, but in no event less than a reasonable royalty for the
`
`use made of the invention by Defendant, together with interest and costs as fixed by the court.
`
`COUNT V
`INFRINGEMENT OF U.S. PATENT NO. 7,769,830
`
`58.
`
`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
`
`offers for sale products and/or systems (i.e., the Bing search engine and/or Bing video search
`
`and/or Bing music) (the “Accused Instrumentalities”)) that infringe claims 1, 2, 3, 4, 5, 7, 12, 15,
`
`16, 18, and 24 of the ’830 patent.
`
`
`
`14
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 15 of 28
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`59.
`
`Upon information and belief, Defendant has been and is now infringing claims 1,
`
`2, 3, 4, 5, 7, 12, 15, 16, 19 and 24 of the ’830 Patent in the State of Texas, in this Judicial District,
`
`and elsewhere in the United States, by, among other things, directly or through intermediaries,
`
`making, using, importing, providing, selling and/or offering for sale the Accused Instrumentalities,
`
`covered by one or more claims of the ’830 Patent to the injury of Hypermedia. Defendant is
`
`directly infringing, literally infringing, and/or infringing the ’830 Patent under the doctrine of
`
`equivalents. Defendant is thus liable for infringement of the ’830 Patent pursuant to 35 U.S.C. §
`
`271(a).
`
`60.
`
`The Accused Instrumentalities infringe claim 1 of the ’830 Patent as they perform
`
`a method for operating at least one web server to present video media elements to a subscriber
`
`station by receiving a web page request from the subscriber station (e.g. the Bing server receives
`
`a request from a user); in response to receiving the web page request, the at least one web server
`
`creating at least one web page for use by a browser of the subscriber station to produce a user
`
`interface at the subscriber station that includes a viewing area and a map area (e.g. Bing generates
`
`a response viewable by a user that includes a viewing area and a map area); and responding to the
`
`web page request by the at least one web server by initiating download of the at least one web page
`
`to the subscriber station . See Exhibit E-1, Figs. 1-20.
`
`61.
`
`The Accused Instrumentalities infringe claim 2 of the ’830 Patent as they perform
`
`the method of claim 1 and receiving the web page request from the subscriber station includes the
`
`at least one web server receiving a search criteria and the at least one web server selecting the first
`
`video media element and the plurality of second video media elements based upon the search
`
`criteria (e.g. Bing selects videos based on the search term). See Exhibit E-1, Figs. 1-20.
`
`
`
`15
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 16 of 28
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`62.
`
`The Accused Instrumentalities infringe claim 3 of the ’830 Patent as they perform
`
`the method of claim 1 and further receives a search criteria by the at least one web server from the
`
`subscriber station and selects the first video media element and the plurality of second video media
`
`elements by the at least one web server based upon the search criteria. See Exhibit E-1, Figs. 1-
`
`20.
`
`63.
`
`The Accused Instrumentalities infringe claim 4 of the ’830 Patent as they perform
`
`the method of claim 1 and receives a selection from the subscriber station of one of the plurality
`
`of second video media elements for display in the viewing area by the at least one web server. See
`
`Exhibit E-1, Figs. 1-20.
`
`64.
`
`The Accused Instrumentalities infringe claim 5 of the ’830 Patent as they perform
`
`the method of claim 1 and also receives the web pages requires from the user including a search
`
`term and preference, e.g., a keyword and a resolution, and selects the first and second video media
`
`elements based on the search term and preference. See Exhibit E-1, Figs. 1-20.
`
`65.
`
`The Accused Instrumentalities infringe claim 7 of the ’830 Patent as they perform
`
`the method of claim 1 and also selects the plurality of first video elements after receipt of the
`
`webpage request, e.g., the videos are selected based on the user’s search request. See Exhibit E-
`
`1, Figs. 1-20.
`
`66.
`
`The Accused Instrumentalities infringe claim 12 of the ’830 Patent as they perform
`
`the method of claim 1 and at least some icons of the map area convey subjects corresponding to
`
`second video media elements. See Exhibit E-1, Figs. 1-20.
`
`67.
`
`The Accused Instrumentalities infringe claim 15 of the ’830 Patent as they perform
`
`a method for presenting video media elements to a subscriber station by at least one web server by
`
`creating at least one web page by the at least one web server for use by a browser of the subscriber
`
`
`
`16
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`

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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 17 of 28
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`station to produce a user interface at the subscriber station that includes a viewing area in which a
`
`first video media element is presented and a map area in which a plurality of icons are presented
`
`(e.g. Bing creates a web page for use by the subscriber station), each icon representative of a
`
`corresponding one of a plurality of second video media elements; receiving a web page request
`
`from the subscriber station; and responding to the web page request by initiating download of the
`
`at least one web page to the subscriber station. See Exhibit E-1, Figs. 1-20.
`
`68.
`
`The Accused Instrumentalities infringe claim 16 of the ’830 Patent as they perform
`
`the method of claim 15 and the plurality of video media elements are selected by the web server
`
`after receipt of the web page request from the subscriber station. See Exhibit E-1, Figs. 1-20.
`
`69.
`
`The Accused Instrumentalities infringe claim 18 of the ’830 Patent as they perform
`
`the method of claim 15 and further receives a search criteria and selects the first video media
`
`element and the plurality of second video media elements by based upon the search criteria (e.g.
`
`Bing selects videos based on a search term). See Exhibit E-1, Figs. 1-20.
`
`70.
`
`The Accused Instrumentalities infringe claim 24 of the ’830 Patent as they perform
`
`the method of claim 15 and at least some icons of the map area convey subjects of corresponding
`
`second video media elements. See Exhibit E-1, Figs. 1-20.
`
`71.
`
`As a result of Defendant’s infringement of the ’830 Patent, Hypermedia has
`
`suffered monetary damages and is entitled to a money judgment in an amount adequate to
`
`compensate for Defendant’s infringement, but in no event less than a reasonable royalty for the
`
`use made of the invention by Defendant, together with interest and costs as fixed by the court.
`
`COUNT VI
`INFRINGEMENT OF U.S. PATENT NO. 8,250,173
`
`72.
`
`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
`
`offers for sale products and/or systems (i.e., the Bing search engine and/or Bing video search
`
`
`
`17
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`Case 4:18-cv-00670-HSG Document 1 Filed 09/13/17 Page 18 of 28
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`and/or Bing music) (the “Accused Instrumentalities”)) that infringe claims 1, 2, 3, 5, 6, 7, 8, 9, 11,
`
`15, 16, 20, and 24 of the ’173 patent.
`
`73.
`
`Upon information and belief, Defendant has been and is now infringing claims 1,
`
`2, 3, 5, 6, 7, 8, 9, 11, 15, 16, 20, and 24 of the ’173 Patent in the State of Texas, in this Judicial
`
`District, and elsewhere in the United States, by, among other things, directly or through
`
`intermediaries, making, using, importing, providing, selling and/or offering for sale the Accused
`
`Instrumentalities, covered by one or more claims of the ’173 Patent to the injury of Hypermedia.
`
`Defendant is directly infringing, literally infringing, and/or infringing the ’173 Patent under the
`
`doctrine of equivalents. Defendant is thus liable for infringement of the ’173 Patent pursuant to
`
`35 U.S.C. § 271(a).
`
`74.
`
`The Accused Instrumentalities infringe claim 1 of the ’173 Patent as they perform
`
`a method for operating at least one web server to present video media elements to a subscriber
`
`station by receiving a web page request from the subscriber station (e.g. the Bing server receives
`
`a request from a user); in response to receiving the web page request, the at least one web server
`
`accessing a web page for use by a browser of the subscriber station to produce a user interface at
`
`the subscriber station (e.g. Bing generates a response viewable by a user that includes a viewing
`
`area and a map area) and responding to the web page request by the at least one web server by
`
`initiating download of the at least one web page to the subscriber station. See Exhibit F-1, Figs.
`
`1-21.
`
`75.
`
`The Accused Instrumentalities infringe claim 2 of the ’173 Patent as they perform
`
`the method of claim 1 and the preview of the first media element comprises a still image. See
`
`Exhibit F-1, Figs. 1-21.
`
`
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`18
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`Case 4:18-cv-0