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`HYPERMEDIA NAVIGATION LLC,
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`Plaintiff,
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`Case No. 4:18-CV-00670-HSG
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`SECOND AMENDED AND
`SUPPLEMENTAL COMPLAINT
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`JURY TRIAL DEMANDED
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 1 of 38
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`Kris S. LeFan SBN 278611
`kris@lowelaw.com
`Lowe | LeFan
`8383 Wilshire Suite #1038
`Beverly Hills, CA 90211
`Telephone: (310) 477-5811
`Facsimile: (310) 477-7672
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`Hao Ni (pro hac vice)
`hni@nilawfirm.com
`NI, WANG & MASSAND, PLLC
`8140 Walnut Hill Lane, Suite 500
`Dallas, TX 75231
`Telephone: (972) 331-4600
`Facsimile: (972) 314-0900
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`Attorneys for Plaintiff
`Hypermedia Navigation LLC
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
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`v.
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`MICROSOFT CORPORATION,
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`Defendant.
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
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`This is an action for patent infringement in which Hypermedia Navigation LLC
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`(“Hypermedia”) makes the following allegations against Microsoft Corporation (“Defendant”):
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`PARTIES
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`1.
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`Hypermedia Navigation LLC is a Texas limited liability company with a principle
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`place of business located at 5068 W. Plano Parkway, Suite 300, Plano, TX 75093.
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 2 of 38
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`2.
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`Microsoft Corporation is a corporation organized and existing under the laws of
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`Washington, with its principal place of business located at 1 Microsoft Way, Redmond, WA 98052.
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`Defendant may be served with process through its registered agent, Corporation Service Company,
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`300 Deschutes Way SW, Ste. 304, Tumwater, WA 98501.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for infringement of a United States patent arising under 35 U.S.C.
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`§§ 271(a)-(b), 281, and 284 - 85. This Court has subject matter jurisdiction over this action under
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`28 U.S.C. §1331 and §1338(a).
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`4.
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`Venue is proper in this district pursuant to 28 U.S.C. § 1400(b). Defendant has
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`consented to venue in this district and furthermore, maintains a regular place of business within this
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`Judicial District at 1288 Pear Avenue, Mountain View, CA 94043, and has committed acts of
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`infringement within this Judicial District pursuant to 35 U.S.C. § 271(a) and (b), i.e., by directly
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`infringing the Patents-in-Suit when its employees use the Accused Instrumentalities as detailed
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`below, and by inducing its users in this District to use the Accused Instrumentalities as detailed
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`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 California Long Arm Statute, due at least to Defendant’s
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`substantial business in this forum, including: (i) at least a portion of the infringements alleged
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`herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses of
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`conduct, and/or deriving substantial revenue from goods and services provided to individuals in
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`California and in this district.
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`THE HYPERMEDIA PATENTS
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`6.
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`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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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`

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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 3 of 38
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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 December
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`1998 on www.Facebook.com would yield non-linear results.
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`7.
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`In 1998, one of the major search engines, Yahoo!’s search engine provided this
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`simple categorical home page with no media content navigation.
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 4 of 38
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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
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`for president would look like this in 1999:
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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
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`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. The inventive linear navigation resource program
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`permits a user to view media content and filter search results from a plurality of websites without
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`having to leave the website.
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`10.
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`On June 3, 2008, United States Patent No. 7,383,323 (the “’323 Patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 5 of 38
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and
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`correct copy of the ’323 patent is attached hereto as Exhibit A.
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`11.
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`On June 3, 2008, United States Patent No. 7,383,324 (the “’324 Patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and
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`correct copy of the ’324 patent is attached hereto as Exhibit B.
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`12.
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`On September 9, 2008, United States Patent No. 7,424,523 (the “’523 Patent”) was
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`duly and legally issued by the United States Patent and Trademark Office for an invention titled
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`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true
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`and correct copy of the ’523 patent is attached hereto as Exhibit C.
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`13.
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`On January 13, 2009, United States Patent No. 7,478,144 (the “’144 Patent”) was
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`duly and legally issued by the United States Patent and Trademark Office for an invention titled
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`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true
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`and correct copy of the ’144 patent is attached hereto as Exhibit D.
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`14.
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`On August 3, 2010, United States Patent No. 7,769,830 (the “’830 Patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and
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`correct copy of the ’830 patent is attached hereto as Exhibit E.
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`15.
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`On August 21, 2012, United States Patent No. 8,250,173 (the “’173 Patent”) was
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`duly and legally issued by the United States Patent and Trademark Office for an invention titled
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`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true
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`and correct copy of the ’173 patent is attached hereto as Exhibit F.
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`16.
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`On July 14, 2015, United States Patent No. 9,083,672 (the “’672 Patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 6 of 38
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and
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`correct copy of the ’672 patent is attached hereto as Exhibit G.
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`17.
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`On August 21, 2012, United States Patent No. 8,250,170 (the “’170 Patent”) was
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`duly and legally issued by the United States Patent and Trademark Office for an invention titled
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`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true
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`and correct copy of the ’170 patent is attached hereto as Exhibit H.
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`18.
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`On May 8, 2007, United States Patent No. 7,216,155 (the “’155 Patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and
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`correct copy of the ’155 patent is attached hereto as Exhibit I.
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`19.
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`On September 26, 2017, United States Patent No. 9,772,814 (the “’814 Patent”) was
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`duly and legally issued by the United States Patent and Trademark Office for an invention titled
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`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true
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`and correct copy of the ’814 patent is attached hereto as Exhibit J.
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`20.
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`On January 9, 2018, United States Patent No. 9,864,575 (the “’575 Patent”) was
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`duly and legally issued by the United States Patent and Trademark Office for an invention titled
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`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true
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`and correct copy of the ’575 patent is attached hereto as Exhibit K
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`21.
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`The ’323 Patent, the ’324 Patent, the ’523 Patent, the ’144 Patent, the ’830 Patent,
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`the ’173 Patent, the ’672 Patent, the ’170 Patent, the ’155 Patent, the ’814 Patent, and the ’575
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`Patent are collectively referred to as the “Asserted Patents.”
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`22.
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`Hypermedia is the owner of the Asserted Patents with all rights in and to the
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`Asserted Patents.
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 7 of 38
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`23.
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`Upon information and belief, to the extent any marking was required by 35 U.S.C.
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`§ 287 with regards to the Asserted Patents, Hypermedia has complied with such requirements.
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`WILLFUL INFRINGEMENT BY MICROSOFT
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`On October 19, 2016, Hypermedia’s entire patent portfolio was presented to
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`24.
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`Defendant.
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`25.
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`Prior to the filing of this Complaint, Hypermedia presented its entire patent portfolio
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`to Defendant, which includes the Asserted Patents that had issued at the time. Furthermore, detailed
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`infringement charts regarding U.S. Patent Nos. 7,383,323, 7,383,324, 7,487,144, 8,250,173, and
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`9,083,672 were included.
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`26.
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`Detailed infringement charts including independent and dependent claims of the
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`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
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`“Charted Patents”) were sent to Defendant on May 4, 2017.
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`27.
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`Hypermedia and Defendant negotiated for a license to Hypermedia’s patent
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`portfolio but were unable to reach an agreement.
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`28.
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`Defendant provided no material, description, or evidence of non-infringement or
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`invalidity of any of Hypermedia’s patents.
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`29.
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`Hypermedia presented specific evidence of the Bing search engine and/or Bing
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`video search and/or Bing Music infringement of the Charted Patents to Defendant demonstrating
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`how the Accused Instrumentalities met each limitation of the charted claims. Thus, Defendant was
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`both aware of the Asserted Patents and the Charted Patents and had been shown by Hypermedia
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`that its products infringed the Asserted Patents. Thus, Defendant has willfully infringed the
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`Asserted Patents.
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`30.
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`Furthermore, Defendant intentionally infringed the Asserted Patents by making,
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`using, and/or selling the Accused Instrumentalities within the United States.
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 8 of 38
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`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 7,383,323
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`31.
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`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
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`offers for sale products and/or systems (i.e., the Bing search engine and/or Bing video search, as
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`well as Yahoo Search powered by Bing and Yahoo Video Search powered by Bing) (the “Accused
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`Instrumentalities”)) that infringe claims 10, 11, 12, 17, 28, 29 and 30 of the ’323 patent.
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`32.
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`Upon information and belief, Defendant has been and is now infringing claims 10,
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`11, 12, and 17, 28, 29 and 30 of the ’323 Patent in the State of California, in this Judicial District,
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`and elsewhere in the United States, by, among other things, directly or through intermediaries,
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`making, using, importing, providing, selling and/or offering for sale the Accused Instrumentalities,
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`covered by one or more claims of the ’323 Patent to the injury of Hypermedia. Defendant is directly
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`infringing, literally infringing, and/or infringing the ’323 Patent under the doctrine of equivalents.
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`Defendant is thus liable for infringement of the ’323 Patent pursuant to 35 U.S.C. § 271(a).
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`33. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 10 of the ’323 Patent as they perform a method for presenting video
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`media elements to a subscriber station by receiving request from the subscriber station to present
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`at least one video element to the subscriber (e.g. Bing receives a request from a user for presenting
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`video media elements results); selecting a plurality of video media elements for presentation the
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`subscriber station (e.g. Bing video search selects a plurality of video elements); creating a file for
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`use by the subscriber station to create a user interface (e.g. Bing video search presents a viewing
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`area of a user selected video); and transmitting the file to the subscriber station. See Exhibits A-1,
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`Figs. 1-15, A-2 Figs. 1-16.
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`34. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 11 of the ’323 Patent as they perform the method of claim 10 and
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`receiving the request from the subscriber station includes receiving a search criteria and selecting
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 9 of 38
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`the plurality of video media elements includes selecting the plurality of video media elements based
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`upon the search criteria (e.g. Bing selects videos based on search terms). See Exhibits A-1, Figs.
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`1-15, A-2 Figs. 1-16.
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`35. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 12 of the ’323 Patent as they perform the method of claim 10 and
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`receiving the request from the subscriber station includes receiving a search criteria and at least one
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`search preference and selecting the plurality of video media elements includes selecting the
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`plurality of video media elements based upon the search criteria and the at least one search
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`preference. See Exhibits A-1, Figs. 1-15, A-2 Figs. 1-16.
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`36. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 17 of the ’323 Patent as they perform the method of claim 10 and
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`each of the plurality of video media elements for presentation to the subscriber station resides on a
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`common Web Site. See Exhibits A-1, Figs. 1-15, A-2 Figs. 1-16.
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`37.
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`The Accused Instrumentalities infringe claim 28 of the ’323 Patent as they comprise
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`a computer readable medium tangibly comprising computer executable instructions for receiving a
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`request from the subscriber station to present at least one video media element; select a plurality of
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`video elements for presentation; the plurality of video elements including a first video media
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`element and a plurality of second video media elements; create a file for use by the subscriber
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`station to create a user interface that includes a viewing area and a map area. See Exhibits A-1,
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`Figs. 1-15, A-2 Figs. 1-16.
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`38.
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`The Accused Instrumentalities infringe claim 29 of the ’323 Patent as they comprise
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`a computer readable medium tangibly comprising computer executable instructions for performing
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`the steps of claim 28 and instructions for receiving the request from a subscriber station including
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`

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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 10 of 38
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`instructions for receiving a search criteria and selecting the plurality of video media elements based
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`upon the search criteria. See Exhibits A-1, Figs. 1-15, A-2 Figs. 1-16.
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`39.
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`The Accused Instrumentalities infringe claim 30 of the ’323 Patent as they comprise
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`a computer readable medium tangibly comprising computer executable instructions for performing
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`the steps of claim 28 and instructions for receiving from the subscriber station a search criteria and
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`at least one search preference, and instructions for selecting the plurality of video media elements
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`based on the search criteria and the at least one search preference. See Exhibits A-1, Figs. 1-15, A-
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`2 Figs. 1-16.
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`40.
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`As a result of Defendant’s infringement of the ’323 Patent, Hypermedia has suffered
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
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`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the court.
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`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 7,383,324
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`41.
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`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
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`offers for sale products and/or systems (i.e., the Bing search engine and/or Bing video search and/or
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`Bing Music as well as the Yahoo Search powered by Bing and the Yahoo Video Search powered
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`by Bing (the “Accused Instrumentalities)) that infringe claims 1, 2, 4, and 5 of the ’324 patent.
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`42.
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`Upon information and belief, Defendant has been and is now infringing claims 1, 2,
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`4, and 5 of the ’324 patent in the State of California, in this Judicial District, and elsewhere in the
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`United States, by, among other things, directly or through intermediaries, making, using, importing,
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`providing, selling and/or offering for sale Accused Instrumentalities, covered by one or more claims
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`of the ’324 Patent to the injury of Hypermedia. Defendant is directly infringing, literally infringing,
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`and/or infringing the ’324 Patent under the doctrine of equivalents. Defendant is thus liable for
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`infringement of the ’324 Patent pursuant to 35 U.S.C. § 271(a).
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`-10-
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 11 of 38
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`43. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 1 of the ’324 Patent as they perform a method for presenting video
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`media elements to a subscriber station by receiving request from the subscriber station to present
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`at least one video element to the subscriber (e.g. Bing receives a request from a user for presenting
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`video media elements results); selecting a plurality of video media elements for presentation the
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`subscriber station (e.g. Bing video search selects a plurality of video elements); creating a file for
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`use by the subscriber station to create a user interface (e.g. Bing video search presents a viewing
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`area of a user selected video); and transmitting the file to the subscriber station. See Exhibits B-1,
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`Figs. 1-21, B-2 Figs. 1-14.
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`44. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 2 of the ’324 Patent as they perform the method of claim 1 and
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`include a first and second plurality of video media elements which are associated with the website.
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`See Exhibits B-1, Figs. 1-21, B-2 Figs. 1-14.
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`45. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 4 of the ’324 Patent as they perform the method of claim 1 and
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`receive search criteria from the user and select the second plurality of video elements using the
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`search term. See Exhibits B-1, Figs. 1-21, B-2 Figs. 1-14.
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`46. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 5 of the ’324 Patent as they perform the method of claim 1 and
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`receive the request from a user of a search criteria and select the second plurality of video media
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`elements based on the search criteria and at least one search preference such as resolution. See
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`Exhibits B-1, Figs. 1-21, B-2 Figs. 1-14.
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`47.
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`As a result of Defendant’s infringement of the ’324 Patent, Hypermedia has suffered
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
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`-11-
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 12 of 38
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`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the court.
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`COUNT III
`INFRINGEMENT OF U.S. PATENT NO. 7,424,523
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`48.
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`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
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`offers for sale products and/or systems (i.e., the Bing search engine and/or Bing video search and/or
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`Bing Music as well as the Yahoo Search powered by Bing and the Yahoo Video Search powered
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`by Bing (the “Accused Instrumentalities)) that infringe claims 6, 7, 11, and 12 of the ’523 Patent.
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`49.
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`Upon information and belief, Defendant has been and is now infringing claims 6, 7,
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`11, and 12 of the ’523 Patent in the State of California, in this Judicial District, and elsewhere in
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`the United States, by, among other things, directly or through intermediaries, making, using,
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`importing, providing, selling and/or offering for sale the Accused Instrumentalities, covered by one
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`or more claims of the ’523 Patent to the injury of Hypermedia. Defendant is directly infringing,
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`literally infringing, and/or infringing the ’523 Patent under the doctrine of equivalents. Defendant
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`is thus liable for infringement of the ’523 Patent pursuant to 35 U.S.C. § 271(a).
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`50. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 6 of the ’523 Patent as they perform a method for navigating a
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`linear Web program by sending data from a remote information node to display, on a display device
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`at a user location, a first media element of the plurality of media elements from the single Website
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`(e.g. Bing video search sends to a user video search results); the first media element having a
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`forward link to a second media element of the linear Web program, and to display a forward link
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`indicator on the display device; receiving a first signal in response to an action of the user indicating
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`an activation of the forward link indicator, and in response to the activation of the forward link
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`indicator, sending data from the remote information node to display on the display device (e.g. Bing
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`providing a forward link to the next media element and displaying the next media element); and
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`-12-
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 13 of 38
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`receiving a second signal in response to an action of the user indicating an activation of the forward
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`link indicator, and in response to the activation of the forward link indicator, sending data from the
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`remote information node to display on the display device, the third media element of the linear Web
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`program (e.g. Bing presenting a third media element after receiving a second signal). See Exhibits
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`C-1, Figs. 1-21, C-2 Figs. 1-10.
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`51. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 7 of the ’523 Patent as they perform the method of claim 6 and
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`includes a forward button. See Exhibits C-1, Figs. 1-21, C-2 Figs. 1-10.
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`52. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 11 of the ’523 Patent as they perform the method of claim 6 and
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`stores the web site at a remote node, e.g., a server. See Exhibits C-1, Figs. 1-21, C-2 Figs. 1-10.
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`53. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 12 of the ’523 Patent as they perform the method of claim 11 and
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`sends the website to a user’s display device, e.g., a computer, tablet, or smartphone. See Exhibits
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`C-1, Figs. 1-21, C-2 Figs. 1-10.
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`54.
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`As a result of Defendant’s infringement of the ’523 Patent, Hypermedia has suffered
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
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`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the court.
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`COUNT IV
`INFRINGEMENT OF U.S. PATENT NO. 7,478,144
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`55.
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`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
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`offers for sale products and/or systems (i.e., the Bing search engine and/or Bing video search and/or
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`Bing Music as well as the Yahoo Search powered by Bing and the Yahoo Video Search powered
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`-13-
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 14 of 38
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`by Bing (the “Accused Instrumentalities)) that infringe claims 40, 44, 45, 47, and 49 of the ’144
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`patent.
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`56.
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`Upon information and belief, Defendant has been and is now infringing claims 40,
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`44, 45, 47, and 49 of the ’144 Patent in the State of California, in this Judicial District, and
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`elsewhere in the United States, by, among other things, directly or through intermediaries, making,
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`using, importing, providing, selling and/or offering for sale the Accused Instrumentalities, covered
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`by one or more claims of the ’144 Patent to the injury of Hypermedia. Defendant is directly
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`infringing, literally infringing, and/or infringing the ’144 Patent under the doctrine of equivalents.
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`Defendant is thus liable for infringement of the ’144 Patent pursuant to 35 U.S.C. § 271(a).
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`57. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 40 of the ’144 Patent as they perform the method of claim 39 and
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`the user interface includes a viewing area in which at least one image of the plurality of found video
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`media elements is presented and a map area in which information regarding some of the plurality
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`of found video media elements is presented. See Exhibits D-1, Figs. 1-22, D-2 Figs. 1-15.
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`58. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 44 of the ’144 Patent as they perform a method for performing a
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`search for media elements and for providing the media elements to a subscriber station by receiving
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`a search request from the subscriber station to perform a search for media elements (e.g. Bing
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`receives a search request from a user); searching for media elements based upon the search request
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`to produce a plurality of found media elements (e.g. Bing searches and produces a plurality of video
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`search results); selecting, from the plurality of found media elements, a first media element;
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`selecting from the plurality of found media elements, a plurality of second media elements (e.g.
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`Bing video search provides a linear result of a first media element as well as a plurality of second
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`media elements); and creating a file for use by the subscriber station to create a user interface (e.g.
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`-14-
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`SECOND AMENDED AND SUPPLEMENTAL COMPLAINT
`CASE NO. 4:18-CV-00670-HSG
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`Case 4:18-cv-00670-HSG Document 41 Filed 03/16/18 Page 15 of 38
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`Bing video search creates a return of results in a user interface format). See Exhibits D-1, Figs. 1-
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`22, D-2 Figs. 1-15.
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`59. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 45 of the ’144 Patent as they perform the method of claim 44 and
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`also receives a map selection area request from the user corresponding to a second media element,
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`selects a plurality of third media elements, and creates another webpage for the user that includes
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`a viewing area presenting the second media element and a map area including information
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`regarding the third media elements, e.g., when the user clicks on a second video, a new web page
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`is created displaying the second video and a map area including a third set of videos. See Exhibits
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`D-1, Figs. 1-22, D-2 Figs. 1-15.
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`60. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 47 of the ’144 Patent as they perform the method of claim 44 and
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`the media elements reside on different websites. See Exhibits D-1, Figs. 1-22, D-2 Figs. 1-15.
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`61. When placed into operation by Defendant or its end users, the Accused
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`Instrumentalities infringe claim 49 of the ’144 Patent as they perform the method of claim 44 and
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`where the map area and display do not overlap. See Exhibits D-1, Figs. 1-22, D-2 Figs. 1-15.
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`62.
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`As a result of Defendant’s infringement of the ’144 Patent, Hypermedia has suffered
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
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`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the court.
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`COUNT V
`INFRINGEMENT OF U.S. PATENT NO. 7,769,830
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`63.
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`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
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`offers for sale products and/or systems (i.e., the Bing search engine and/or Bing video search and/or
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`Bing Music as well as the Yahoo Search powered by Bing and the Yahoo V